No Comment — July 8, 2010, 4:03 pm

Gitmo Shrinks Face License Challenge

In a comprehensive recent study, Physicians for Human Rights alleges that healthcare professionals experimented on human subjects in order to hone the torture techniques authorized by the Bush Administration. The Department of Justice’s retracted torture memoranda advise that doctors should be involved at every stage in the application of torture techniques—to provide a defense against criminal prosecution. And anecdotal evidence suggests that healthcare professionals were regularly present, sometimes in the torture room and sometimes offsite observing remotely. But the involvement of healthcare professionals in such practices is a violation of rules of medical ethics, and the Bush and Obama Administrations have kept the identities of those involved rigorously secret.

Now, however, two doctors who stood in the forefront of Guantánamo torture accusations are the subject of detailed, well-documented challenges filed by law students and professors at Stanford and Harvard Universities, backed by medical ethicists. In the crosshairs are two leaders of the celebrated Guantánamo “biscuit” teams that helped guide the harsh treatment of prisoners there:

Maj. John Francis Leso, an army psychologist who from June 2002 to January 2003 led the Gitmo BSCT involved in Qahtani’s interrogation. The complaint accuses Leso, who is licensed in New York, of “gross incompetence,” “gross negligence,” and “conduct exhibiting a moral unfitness to practice the profession.” According to the document, Leso “used his training in psychology to design interrogation techniques that manipulate the psychological condition of a detainee, induce Stockholm syndrome in the detainee, and modify the detainee’s behavior.”

[and] retired army Col. Larry James, Leso’s onetime boss at Walter Reed Army Medical Center, who succeeded him at Guantanamo Bay and went on to become the chief behavioral scientist at Abu Ghraib prison. The Harvard group, on behalf of four clients, is going after James’ license in Ohio—he is also credentialed in Louisiana, where the state psychology board’s refusal to investigate an ethics complaint sparked a legal battle. (This week’s actions follow a complaint last month in Texas. In that case, lawyers representing a Texas psychologist targeted James Elmer Mitchell, a CIA-contracted psychologist who took part in brutal interrogations—these included the questioning of Abu Zubaydah, a detainee who was waterboarded at least 83 times in a single month at a secret Thai prison.)

Curiously, the most damning evidence against James comes in his own book, Fixing Hell, an account of his mission to “clean up” Guantánamo.

The complaints start with a contention that the doctors will no doubt vigorously contest: that as physicians they owed a duty of care to the prisoners who were in their care. The U.S. military has consistently, though with no ethical or legal justification, taken the position that the prisoners were subjects that the doctors were entitled to study but to whom they owed no ethical duty of care—a posture that reflects the fairly obvious proposition that their conduct violated the clear rules governing doctor-patient dealings.

These cases present the professional ethics oversight bodies with a clear dilemma. They can do what the government wants and look the other way–usually by saying that the government’s noncooperation makes action impossible. Or they can actually enforce their ethics rules. So far ethics bodies in California, Louisiana, Ohio, and Alabama have consistently taken the coward’s way out. Now, however, they have been presented with far more detailed and professionally compiled complaints that make such a course more difficult.

Daniel Shulman offers a good discussion of the cases at Mother Jones.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2014

Christmas in Prison

= Subscribers only.
Sign in here.
Subscribe here.

Poison Apples

= Subscribers only.
Sign in here.
Subscribe here.

Growing Up

= Subscribers only.
Sign in here.
Subscribe here.

Gateway to Freedom

= Subscribers only.
Sign in here.
Subscribe here.

Guns and Poses

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Beeper World·

= Subscribers only.
Sign in here.
Subscribe here.

“The beeper, for a certain kind of Miami teenager in the Nineties, was an essential evolutionary adaptation.”
Photograph by Curran Hatleberg
Article
Hammer Island·

= Subscribers only.
Sign in here.
Subscribe here.

“The place could have sprung from someone’s jealous dream about white people.”
Photograph by Emily Stein
Article
Growing Up·

= Subscribers only.
Sign in here.
Subscribe here.

“The best coming-of-age stories have a hole in the middle. They pretend to be about knowledge, but they are usually about grasping, long after it could be of any use, one’s irretrievable ignorance.”
Photograph by Ben Pier
Article
Guns and Poses·

= Subscribers only.
Sign in here.
Subscribe here.

“‘It’s open shopping,’ he said. ‘A warehouse. The whole of Libya.’”
Map by Mike Reagan
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Amount that President Obama has added to America’s “brand value” according to the Nation Brands Index:

$2,100,000,000,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

A Utah woman named Cameo Crispi pleaded guilty to having drunkenly attempted to burn down her ex-boyfriend’s house by igniting bacon on his kitchen stove.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today