Posted by rogerhollander in Genocide, History, Imperialism, War.
Tags: africom, civil disobedience, civil resistance, francis a. boyle, geneva conventions, hans morgenthau, history, International law, mckinley, nuremberg, philippine genocide, roger hollander, spanish american war, u.s. army field manual, U.S. imperialism, war, world war iii
by Professor Francis A. Boyle
Wed, 12/12/2012, www.blackagendareport.org
The following is the text of a speech delivered by Professor Francis A. Boyle at the Puerto Rican Summit Conference on Human Rights, University of the Sacred Heart, San Juan, Puerto Rico, December 9, 2012.
“The serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.”
Historically this latest eruption of American militarism at the start of the 21st Century is akin to that of America opening the 20th Century by means of the U.S.-instigated Spanish-American War in 1898. Then the Republican administration of President William McKinley stole their colonial empire from Spain in Cuba, Puerto Rico, Guam, and the Philippines; inflicted a near genocidal war against the Filipino people; while at the same time illegally annexing the Kingdom of Hawaii and subjecting the Native Hawaiian people (who call themselves the Kanaka Maoli) to near genocidal conditions. Additionally, McKinley’s military and colonial expansion into the Pacific was also designed to secure America’s economic exploitation of China pursuant to the euphemistic rubric of the “open door” policy. But over the next four decades America’s aggressive presence, policies, and practices in the so-called “Pacific” Ocean would ineluctably pave the way for Japan’s attack at Pearl Harbor on Dec. 7, 194l, and thus America’s precipitation into the ongoing Second World War. Today a century later the serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.
By shamelessly exploiting the terrible tragedy of 11 September 2001, the Bush Junior administration set forth to steal a hydrocarbon empire from the Muslim states and peoples living in Central Asia and the Middle East and Africa under the bogus pretexts of (1) fighting a war against “international terrorism” or “Islamic fundamentalism”; and/or (2) eliminating weapons of mass destruction; and/or (3) the promotion of democracy; and/or (4) self-styled humanitarian intervention/responsibility to protect (R2P). Only this time the geopolitical stakes are infinitely greater than they were a century ago: control and domination of the world’s hydrocarbon resources and thus the very fundaments and energizers of the global economic system – oil and gas. The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America (e.g., the Pentagon’s reactivization of the U.S. Fourth Fleet in 2008), and Southeast Asia for further conquest or domination, together with the strategic choke-points at sea and on land required for their transportation. Today the U.S. Fourth Fleet threatens Cuba, Venezuela, and Ecuador for sure.
Toward accomplishing that first objective, in 2007 the neoconservative Bush Junior administration announced the establishment of the U.S. Pentagon’s Africa Command (AFRICOM) in order to better control, dominate, steal, and exploit both the natural resources and the variegated peoples of the continent of Africa, the very cradle of our human species. In 2011 Libya then proved to be the first victim of AFRICOM under the neoliberal Obama administration, thus demonstrating the truly bi-partisan and non-partisan nature of U.S. imperial foreign policy decision-making. Let us put aside as beyond the scope of this paper the American conquest, extermination, and ethnic cleansing of the Indians from off the face of the continent of North America. Since America’s instigation of the Spanish-American War in 1898, U.S. foreign policy decision-making has been alternatively conducted by reactionary imperialists, conservative imperialists, and liberal imperialists for the past 115 years and counting.
“The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America and Southeast Asia.”
This world-girdling burst of U.S. imperialism at the start of humankind’s new millennium is what my teacher, mentor, and friend the late, great Professor Hans Morgenthau denominated “unlimited imperialism” in his seminal book Politics Among Nations 52-53 (4th ed. 1968): The outstanding historic examples of unlimited imperialism are the expansionist policies of Alexander the Great, Rome, the Arabs in the seventh and eighth centuries, Napoleon I, and Hitler. They all have in common an urge toward expansion which knows no rational limits, feeds on its own successes and, if not stopped by a superior force, will go on to the confines of the political world. This urge will not be satisfied so long as there remains anywhere a possible object of domination–a politically organized group of men which by its very independence challenges the conqueror’s lust for power. It is, as we shall see, exactly the lack of moderation, the aspiration to conquer all that lends itself to conquest, characteristic of unlimited imperialism, which in the past has been the undoing of the imperialistic policies of this kind….
The factual circumstances surrounding the outbreaks of both the First World War and the Second World War currently hover like the Sword of Damocles over the heads of all humanity.
Since September 11, 2001, it is the Unlimited Imperialists à la Alexander, Napoleon, and Hitler who have been in charge of conducting American foreign policy decision-making. After September 11, 2001 the people of the world have witnessed successive governments in the United States that have demonstrated little respect for fundamental considerations of international law, human rights, or the United States Constitution. Instead, the world has watched a comprehensive and malicious assault upon the integrity of the international and domestic legal orders by groups of men and women who are thoroughly Hobbist and Machiavellian in their perception of international relations and in their conduct of both foreign affairs and American domestic policy. Even more seriously, in many instances specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law, and in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, as well as the Pentagon’s own U.S. Army Field Manual 27-10 on The Law of Land Warfare, which applies to the President himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.
“Specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law.”
Depending on the substantive issues involved, these international and domestic crimes typically include but are not limited to the Nuremberg offences of “crimes against peace”—e.g., Libya, Afghanistan, Iraq, Somalia, Yemen, Pakistan, Syria, and perhaps their longstanding threatened war of aggression against Iran. Their criminal responsibility also concerns “crimes against humanity” and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and the 1907 Hague Regulations on land warfare: torture, enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, “shock and awe,” depleted uranium, white phosphorous, cluster bombs, drone strikes, etc. Furthermore, various officials of the United States government have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as U.S. Army Field Manual 27-10 (1956) are international crimes in their own right: planning, and preparation, solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting. Of course the terrible irony of today’s situation is that over six decades ago at Nuremberg the U.S. government participated in the prosecution, punishment, and execution of Nazi government officials for committing some of the same types of heinous international crimes that these officials of the United States government currently inflict upon people all over the world. To be sure, I personally oppose the imposition of capital punishment upon any human being for any reason no matter how monstrous their crimes, whether they be Saddam Hussein, Bush Junior, Tony Blair, or Barack Obama.
According to basic principles of international criminal law set forth in paragraph 501 of U.S. Army Field Manual 27-10, all high level civilian officials and military officers in the U.S. government who either knew or should have known that soldiers or civilians under their control (such as the C.I.A. or mercenary contractors), committed or were about to commit international crimes and failed to take the measures necessary to stop them, or to punish them, or both, are likewise personally responsible for the commission of international crimes. This category of officialdom who actually knew or should have known of the commission of these international crimes under their jurisdiction and failed to do anything about them include at the very top of America’s criminal chain-of-command the President, the Vice-President, the U.S. Secretary of Defense, Secretary of State, Director of National Intelligence, the C.I.A. Director, National Security Advisor and the Pentagon’s Joint Chiefs of Staff along with the appropriate Regional Commanders-in-Chiefs, especially for U.S. Central Command (CENTCOM).
These U.S. government officials and their immediate subordinates are responsible for the commission of crimes against peace, crimes against humanity, and war crimes as specified by the Nuremberg Charter, Judgment, and Principles as well as by U.S. Army Field Manual 27-10 of 1956. Today in international legal terms, the United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, because of its formulation and undertaking of serial wars of aggression, crimes against peace, crimes against humanity, and war crimes that are legally akin to those perpetrated by the former Nazi regime in Germany. As a consequence, American citizens possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by U.S. government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.
“The United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles.”
For that very reason, large numbers of American citizens have decided to act on their own cognizance by means of civil resistance in order to demand that the U.S. government adhere to basic principles of international law, of U.S. domestic law, and of the U.S. Constitution in its conduct of foreign affairs and military operations. Mistakenly, however, such actions have been defined to constitute classic instances of “civil disobedience” as historically practiced in the United States. And the conventional status quo admonition by the U.S. power elite and its sycophantic news media for those who knowingly engage in “civil disobedience” has always been that they must meekly accept their punishment for having performed a prima facie breach of the positive laws as a demonstration of their good faith and moral commitment. Nothing could be further from the truth! Today’s civil resisters are the sheriffs! The U.S. government officials are the outlaws!
Here I would like to suggest a different way of thinking about civil resistance activities that are specifically designed to thwart, prevent, or impede ongoing criminal activity by officials of the U.S. government under well recognized principles of international and U.S. domestic law. Such civil resistance activities represent the last constitutional avenue open to the American people to preserve their democratic form of government with its historical commitment to the rule of law and human rights. Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence in Africa, the Middle East, Southwest Asia, military interventionism into Latin America, and nuclear confrontation with Iran, Pakistan, North Korea, Russia, and China.
Such measures of “civil resistance” must not be confused with, and indeed must be carefully distinguished from, acts of “civil disobedience” as traditionally defined. In today’s civil resistance cases, what we witness are American citizens attempting to prevent the ongoing commission of international and domestic crimes under well-recognized principles of international law and U.S. domestic law. This is a phenomenon essentially different from the classic civil disobedience cases of the 1950s and 1960s where incredibly courageous African Americans and their supporters were conscientiously violating domestic laws for the express purpose of changing them. By contrast, today’s civil resisters are acting for the express purpose of upholding the rule of law, the U.S. Constitution, human rights, and international law. Applying the term “civil disobedience” to such civil resistors mistakenly presumes their guilt and thus perversely exonerates the U.S. government criminals.
“Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence.”
Civil resistors disobeyed nothing, but to the contrary obeyed international law and the United States Constitution. By contrast, U.S. government officials disobeyed fundamental principles of international law as well as U.S. criminal law and thus committed international crimes and U.S. domestic crimes as well as impeachable violations of the United States Constitution. The civil resistors are the sheriffs enforcing international law, U.S. criminal law and the U.S. Constitution against the criminals working for the U.S. government!
Today the American people must reaffirm their commitment to the Nuremberg Charter, Judgment, and Principles by holding their government officials fully accountable under international law and U.S. domestic law for the commission of such grievous international and domestic crimes. They must not permit any aspect of their foreign affairs and defense policies to be conducted by acknowledged “war criminals” according to the U.S. government’s own official definition of that term as set forth in U.S. Army Field Manual 27-10 (1956), the U.S. War Crimes Act, and the Geneva Conventions. The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all U.S. government officials guilty of such heinous international and domestic crimes. That is precisely what American civil resisters are doing today!
This same right of civil resistance extends pari passu to all citizens of the world community of states. Everyone around the world has both the right and the duty under international law to resist ongoing criminal activities perpetrated by the U.S. government and its nefarious foreign accomplices in allied governments such as Britain, the other NATO states, Australia, Japan, South Korea, Georgia, Puerto Rico, etc. If not so restrained, the U.S. government could very well precipitate a Third World War. Here in Puerto Rico we saw the stunning example of the most courageous civil resistors against Yankee Imperialism on Vieques.
The future of American foreign policy and the peace of the world lie in the hands of American citizens and the peoples of the world—not the bureaucrats, legislators, judges, lobbyist, think-tanks, professors, and self-styled experts who inhibit Washington, D.C., New York City, and Cambridge, Massachusetts. Civil resistance is the way to go! This is our Nuremberg Moment now!
Francis A. Boyle teaches law at the University of Illinois. He is a graduate of the University of Chicago and Harvard Law School. He has advised numerous international bodies in the areas of human rights, war crimes, genocide, nuclear policy, and bio warfare. He received a PHD in political science from Harvard
Posted by rogerhollander in Human Rights, Torture.
Tags: detainees, geneva conventions, Guantanamo, jason leopold, jeffrey kaye, malaria, mefloquine, nuremberg, roger hollander, torture
Wednesday 01 December 2010
by: Jason Leopold and Jeffrey Kaye, t r u t h o u t | Investigative Report
(Image: Jared Rodriguez / t r u t h o u t; Adapted: Okko Pyykkö, electron)
The Defense Department forced all “war on terror” detainees at the Guantanamo Bay prison to take a high dosage of a controversial antimalarial drug, mefloquine, an act that an Army public health physician called “pharmacologic waterboarding.”
The US military administered the drug despite Pentagon knowledge that mefloquine caused severe neuropsychiatric side effects, including suicidal thoughts, hallucinations and anxiety. The drug was used on the prisoners whether they had malaria or not.
Interviews conducted over the past two months with tropical disease experts and a review of Defense Department documents and peer-reviewed journals show there were no preexisting cases where mefloquine was ever prescribed for mass presumptive treatment of malaria.
The revelation, which has not been previously reported, was buried in documents publicly released by the Defense Department (DoD) two years ago as part of the government’s investigation into the June 2006 deaths of three Guantanamo detainees.
Army Staff Sgt. Joe Hickman, who was stationed at Guantanamo at the time of the suicides in 2006, and has presented evidence that demonstrates the three detainees could not have died by hanging themselves, noticed in the detainees’ medical files that they were given mefloquine. Hickman has been investigating the circumstances behind the detainees’ deaths for nearly four years.
Click here to listen to Jason Leopold discuss this story on The Peter B. Collins Show.
All detainees arriving at Guantanamo in January 2002 were first given a treatment dosage of 1,250 mg of mefloquine, before laboratory tests were conducted to determine if they actually had the disease, according to a section of the DoD documents entitled “Standard Inprocessing Orders For Detainees.” The 1,250 mg dosage is what would be given if the detainees actually had malaria. That dosage is five times higher than the prophylactic dose given to individauls to prevent the disease.
Maj. Remington Nevin, an Army public health physician, who formerly worked at the Armed Forces Health Surveillance Center and has written extensively about mefloquine, said in an interview the use of mefloquine “in this manner … is, at best, an egregious malpractice.”
The government has exposed detainees “to unacceptably high risks of potentially severe neuropsychiatric side effects, including seizures, intense vertigo, hallucinations, paranoid delusions, aggression, panic, anxiety, severe insomnia, and thoughts of suicide,” said Nevin, who was not speaking in an official capacity, but offering opinions as a board-certified, preventive medicine physician. “These side effects could be as severe as those intended through the application of ‘enhanced interrogation techniques.’”
Mefloquine is also known by its brand name Lariam. It was researched by the US Army in the 1970s and licensed by the Food and Drug Administration in 1989. Since its introduction, it has been directly linked to serious adverse effects, including depression, anxiety, panic attacks, confusion, hallucinations, bizarre dreams, nausea, vomiting, sores and homicidal and suicidal thoughts. It belongs to a class of drugs known as quinolines, which were part of a 1956 human experiment study to investigate “toxic cerebral states,” as part of the CIA’s MKULTRA mind-control program.
The Army tapped the Walter Reed Army Institute of Research (WRAIR) to develop mefloquine and it was later licensed to the Swiss pharmaceutical company F. Hoffman-La Roche. The first human trials of mefloquine were conducted in the mid-1970s on prisoners, who were deliberately inoculated with malaria at Stateville Correctional prison near Joliet, Illinois, the site of controversial antimalarial experimentation in the early 1940s.
The drug was administered to Guantanamo detainees without regard for their medical or psychological history, despite its considerable risk of exacerbating pre-existing conditions. Mefloquine is also known to have serious side effects among individuals under treatment for depression or other serious mental health disorders, which numerous detainees were said to have been treated for, according to their attorneys and published reports.
Dr. G. Richard Olds, a tropical disease specialist and the founding dean of the Medical School at the University of California at Riverside, said, in his “professional opinion there is no medical justification for giving a massive dose of mefloquine to an asymptomatic individual.”
“I also do not see the medical benefit of treating a person in Cuba with a prophylactic dose of mefloquine,” Olds said. Mefloquine is “a fat soluble, and as a result, it does build up in the body and has a very long half-life.This is important since a massive dose of this drug is not easily corrected and the ‘side effects’ of the medication could last for weeks or months.”
In 2002, when the prison was established and mefloquine first administered, there were dozens of suicide attempts at Guantanamo. That same year, the DoD stopped reporting attempted suicides.
By February 2002, there were at least 459 detainees imprisoned at Guantanamo. In March of that year, according to the book “Saving Grace at Guantanamo Bay: A Memoir of a Citizen Warrior” by Montgomery Granger, “the situation” at the prison began “deteriorating rapidly.”
“There is more and more psychosis becoming evident in detainees …,” wrote Granger, an Army Reserve major and medic who was stationed at Guantanamo in 2002. “We already have probably a dozen or so detainees who are psychiatric cases. The number is growing.”
“Presumptively Treating” Malaria
Though malaria is nonexistent in Cuba, DoD spokeswoman Maj. Tanya Bradsher told Truthout that the US government was concerned that the disease would be reintroduced into the country as detainees were transferred to the prison facility in January 2002.
A “decision was made,” Bradsher said in an email, to “presumptively treat each arriving Guantanamo detainee for malaria to prevent the possibility of having mosquito-borne [sic] spread from an infected individual to uninfected individuals in the Guantanamo population, the guard force, the population at the Naval base or the broader Cuban population.”
But Granger wrote in his book that a Navy entomologist was present at Guantanamo in January and February 2002 and during that time only identified insects that were nuisances and did not identify any insects that were carriers of a disease, such as malaria.
Nevertheless, Bradsher said the “mefloquine dosage [given to detainees] was entirely for public health purposes … and not for any other purpose” and “is completely appropriate.”
“The risks and benefits to the health of the detainees were central considerations,” she added.
A September 13, 2002, DoD memo governing the operational use of mefloquine said, “Malaria is not a threat in Guantanamo Bay.” Indeed, there have only been two to three reported cases of malaria at Guantanamo.
The DoD memo, signed by Assistant Secretary of Defense for Health Affairs William Winkenwerder, was sent to then-Rep. John McHugh, the Republican chairman of the House Veterans Affairs Subcommittee on Military Personnel. McHugh is now Secretary of the Army.
A Senate staff member told Truthout the Senate Armed Services Committee was never briefed about malaria concerns at Guantanamo nor was the committee made aware of “any issue related to the use of mefloquine or any other anti-malarial drug” related to “the treatment of detainees.”
When questions were raised at a February 19, 2002 meeting of the Armed Forces Epidemiological Board (AFEB) about what measures the military was taking to address malaria concerns at Guantanamo, Navy Capt. Alan J. Yund, the liaison officer to the AFEB, did not disclose that mefloquine was being administered to detainees as a form of presumptive treatment and indicated that infected detainees who may have had the disease would be treated on a case-by-case basis.
Yund also said detainees were given a different anti-malarial drug known as primaquine and noted that “informed consent” was “absolutely practiced” prior to administering drugs, an assertion that contradicts claims made by numerous detainees who said they were forced to take drugs even if they protested. Yund did not return calls for comment.
Bradsher declined to respond to a follow-up question about who made the decision to presumptively treat detainees with mefloquine.
An April 16, 2002, meeting of the Interagency Working Group for Antimalarial Chemotherapy, which DoD, along with other federal government agencies, is a part of, was specifically dedicated to investigating mefloquine’s use and the drug’s side effects. The group concluded that study designs on mefloquine up to that point were flawed or biased and criticized DoD medical policy for disregarding scientific fact and basing itself more on “sensational or best marketed information.”
The Working Group called for additional research, and warned, “other treatment regimes should be carefully considered before mefloquine is used at the doses required for treatment.”
Still, despite the red flags that pointed to mefloquine as a high-risk drug, the DoD’s mefloquine program proceeded.
In fact, a June 2004 set of guidelines issued by the Centers for Disease Control and Prevention (CDC) says mefloquine should only be used when other standard drugs were not available, as it “is associated with a higher rate of severe neuropsychiatric reactions when used at treatment doses.”
According to the CDC, “‘presumptive treatment’ without the benefit of laboratory confirmation should be reserved for extreme circumstances (strong clinical suspicion, severe disease, impossibility of obtaining prompt laboratory confirmation).”
A CDC spokesman refused to comment about the “presumptive treatment” of malaria at Guantanamo and referred questions to the DoD.
Nevin said, if “mass presumptive treatment has been given consistently, many dozens of detainees, possibly hundreds, would almost certainly have suffered such disabling adverse events.”
“It appears that for years, senior Defense health leaders have condoned the medically indefensible practice of using high doses of mefloquine ostensibly for mass presumptive treatment of malaria among detainees from the Middle East and Asia lacking any evidence of disease,” Nevin said. “This is a use for which there is no precedent in the medical literature and which is specifically discouraged among refugees by malaria experts at the Centers for Disease Control.”
Even proponents of limited mefloquine usage are seriously questioning the logic behind the DoD’s actions. Professor James McCarthy, chair of the Infectious Diseases Division of the Queensland Institute of Medicine in Australia, who is an advocate of the safe use of mefloquine under proper safeguards, and takes it himself when traveling, told Truthout he was unaware of the use of mefloquine for mass presumptive treatment as described by the DoD, but could imagine it under certain circumstances.
However, when informed that lab tests were available and the detainees were screened for the blood product G6PD, used to determine the suitability of certain antimalarial drugs, McCarthy found the DoD’s use of mefloquine at Guantanamo difficult to understand and “hard to support on pure clinical grounds as an antimalarial.”
Treatment, Torture or an Experiment?
Another striking point about the DoD’s decision to presumptively treat mostly Muslim detainees with mefloquine beginning in 2002 is that it is the exact opposite of how the DoD responded to malaria concerns among the Haitian refugees who were held at Guantanamo a decade earlier.
Between 1991 and 1992, more than 14,000 Haitian refugees were held in temporary camps set up at Guantanamo. A large number of Haitian refugees – 235 during a four-month period – were diagnosed with malaria. But instead of presumptively treating the refugee population at Guantanamo, the DoD conducted laboratory tests first and only the individuals who were found to be malaria carriers were administered chloroquine.
Another example of how the DoD approached malaria treatment differently for other subjects is in the case of Army Rangers who returned from malarial areas of Afghanistan between June and September 2002 and were infected with the disease at an attack rate of 52.4 cases per 1,000 soldiers.
However, the Rangers did not receive mass presumptive treatment of mefloquine. They were given other standard drugs after laboratory tests, according to documents obtained by Truthout.
Nevin said the DoD’s treatment of Haitian refugees represented “a situation that arguably presented a much higher risk of disease and secondary transmission, but one which US medical experts stated at the time could be safely managed through more conservative and focused measures.”
Why did the government use the “conservative and focused” approach in treating Haitian refugees and the Army rangers, but then revert to presumptive mefloquine treatment in the case of the Guantanamo detainees, who – a month after the prison facility opened in January 2002 – were stripped of their protections under the Geneva Conventions?
According to Sean Camoni, a Seton Hall University law school research fellow, “there is no legitimate medical purpose for treating malaria in this way” and the drug’s severe side effects may actually have been the DoD’s intended impact in calling for the drug’s usage.
Camoni and several other Seton Hall law school students have been working on a report about mefloquine use on Guantanamo detainees. Their work was conducted independently of Truthout’s investigation.
A copy of the Seton Hall report, “Drug Abuse? An Exploration of the Government’s Use of Mefloquine at Guantanamo,” says mefloquine’s extreme side effects may have violated a provision in the antitorture statute related to the use of “mind altering substances or other procedures” that “profoundly disrupts the senses or the personality.”
Legal memos prepared in August 2002 by former DoD attorneys Jay Bybee and John Yoo for the CIA’s torture program permitted the use of drugs for interrogations. The authority was also contained in a legal memo Yoo prepared for the DoD less than a year later after Secretary of Defense Donald Rumsfeld convened a working group to address “policy considerations with respect to the choice of interrogation techniques.”
In September, Truthout reported that the DoD’s inspector general (IG) conducted an investigation into allegations that detainees in custody of the US military were drugged. The IG’s report, which remains classified, was completed a year ago and was shared with the Senate Armed Services Committee.
Kathleen Long, a spokeswoman for the Armed Services Committee, told Truthout at the time that the IG report did not substantiate allegations of drugging of prisoners for the “purposes of interrogation.”
The medical files for detainee 693 released in 2008 shows that, two weeks after he first started taking mefloquine in June 2002, he was interviewed by Guantanamo medical personnel and reported he was suffering from nightmares, hallucinations, anxiety auditory and visual hallucinations, anxiety, sleep loss and suicidal thoughts.
The detainee said he had previously been treated for anxiety and had a family history of mental illness. He was diagnosed with adjustment disorder, according to the DoD documents. Guantanamo medical staff who interviewed the detainee did not state that he may have been experiencing mefloquine-related side effects in an evaluation of his condition.
Mark Denbeaux, the director of the Seton Hall Law Center for Policy and Research, who looked into the 2006 deaths of the three Guantanamo detainees, said in an interview “almost every remaining question here would be solved if the [detainees'] full medical records were released.”
The government has refused to release Guantanamo detainees’ medical records, citing privacy concerns in some cases, and assertions that they are “protected” or “classified” in other instances. The few medical records that have been released have been heavily redacted.
“A crucial issue is dosage” Denbeaux said. “Giving detainees toxic doses of mefloquine has mind-altering consequences that may be permanent. Without access to medical records, which the government refuses to release, the use of mefloquine in this manner appears to be grotesque malpractice at best, if not human experimentation or ‘enhanced interrogation.’ The question is where are the doctors who approved this practice and where are the medical records?”
Bradsher did not respond to questions about whether the government kept data about the adverse effects mefloquine had on detainees.
An absolute prohibition against experiments on prisoners of war is contained in the Geneva Conventions, but President George W. Bush stripped war on terror detainees of those protections. Some of the “enhanced interrogation techniques” also had an experimental quality.
At the same time detainees were given high doses of mefloquine, Deputy Secretary of Defense Paul Wolfowitz issued a directive changing the rules on human subject protections for DoD experiments, allowing for a waiver of informed consent when necessary for developing a “medical product” for the armed services. Bush also granted unprecedented authority to the secretary of Health and Human Services to classify information as secret.
Briefings on Side Effects
As the DoD was administering mefloquine to Guantanamo prisoners, senior Pentagon officials were being briefed about the drug’s dangerous side effects. During one such briefing, questions arose about what steps the military was taking to address malaria concerns among detainees sent to Guantanamo.
Internal documents from Roche, obtained by UPI in 2002, indicated that the pharmaceutical company had been tracking suicidal reactions to Lariam going back to the early 1990s.
In September 2002, Roche sent a letter to physicians and pharmacists stating that the company changed its warning labels for mefloquine.
Roche further said in one of two new warning paragraphs that some of the symptoms associated with mefloquine use included suicidal thoughts and suicide and also “may cause psychiatric symptoms in a number of patients, ranging from anxiety, paranoia, and depression to hallucination and psychotic behavior,” which “have been reported to continue long after mefloquine has been stopped.”
Cmdr. William Manofsky, who is retired from the US Navy and currently on disability due to post-traumatic stress disorder and side effects from mefloquine, said those are some of the symptoms he initially suffered from after taking the drug for several months beginning in November 2002 after he was deployed to the Middle East to work on two Naval projects.
In March 2003, “I became violently ill during a night live-fire exercise with the [Navy] SEALS,” Manofsky said. “I felt like I was air sick. All the flashing lights from the tracers and rockets … targeting device made me really sick. I threw up for an hour straight before being medevac’d back to the Special Forces compound where I had my first ever panic attack.”
For three years, Manofsky said he had to walk with a cane due to a loss of equilibrium. Numerous other accounts like Manofsky’s can be found on the web site lariaminfo.org.
In 2008, Dr. Nevin published a study detailing a high prevalence of mental health contraindications to the safe use of mefloquine in soldiers deployed to Afghanistan. Responding in part to concerns raised by the mefloquine-associated suicide of Army Spc. Juan Torres, internal Army presentations confirmed that the drug had been widely misprescribed to soldiers with contraindications, including to many on antidepressants.
A formal policy memo in February 2009 from Army Surgeon General Eric Schoomaker removed mefloquine as a “first-line” agent, and changed the policy so that mefloquine would not be prescribed to Army personnel unless they had contraindications to the preferred drug, the antibiotic doxycycline. Nor could mefloquine be prescribed to any personnel with a history of traumatic brain injury or mental illness.
By September 2009, the policy was extended throughout the DoD.
New prisoners are no longer arriving at Guantanamo and the prison population has been in decline in recent years as detainees are released or transferred to other countries. Currently, the detainee population at Guantanamo is a reported 174.
But Nevin said the justification the Pentagon offered for using mefloquine to presumptively treat detainees transferred to the prison beginning in 2002 “betrays a profound ignorance of basic principals of tropical medicine and suggests extremely poor, and arguably incompetent, medical oversight that demands further investigation.”