Judge Orders Release of Gitmo Records

Lawyers representing hunger-striking Guantanamo Bay detainees have convinced U.S. District Court Judge Gladys Kessler to order the government to inform detainees' defense lawyers at least 24 hours before any force-feeding and to provide the lawyers with medical records weekly.

Julia Tarver, a lawyer for three of the detainees, asserted in court papers that when she visited her clients she found them weak and sometimes able to speak only with difficulty because of throat lesions they said were caused by having the feeding tubes forced in. Ms. Tarver said one detainee, Yousef Al-Shehri, told her that a feeding tube had been roughly inserted through his nose into his throat, causing him to spit up blood.

Notably, without the forced-feeding, the detainees likely would have died and, according to the government, none have.

Judge Kessler acted on an emergency petition because it was "deeply troubling" that detainees had feeding tubes inserted without sedatives or anesthesia.

"If the allegations are true - and they are all explicitly, specifically and vigorously denied by the government - they describe the conduct of which the United States can hardly be proud," the judge wrote.

Although Kessler directed the government to provide notifications and records, she denied the request for the lawyers to have immediate telephone access to the detainees.

It seems that Judge Kessler's decision is based exclusively on the adequacy of the medication administered to the detainees prior to inserting the feeding tubes. Her ruling indicates that the detainees are not sufficiently drugged before having a tube shoved up their noses and down their esophaguses. I must assume that there have been past cases where judges have determined the amount medication to be administered. I'm personally uncomfortable with the idea. In my estimation, no amount of legal training and experience prepares a judge to practice medicine.

Nevertheless, ordering the release of medical documents will surely prompt the detainees' lawyers to start searching for other issues to litigate. The latest wrangling over the medication issue is part of an ongoing campaign by human rights advocates to force the government into giving the detainees more legal rights.

It's unknown whether the government will appeal.