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The U.S. government on Wednesday defended the force-feeding of hunger strikers at Guantánamo, urging a judge to reject a legal challenge to the practice filed by four prisoners taking part in an ongoing protest at the U.S. base in Cuba.
The Justice Department filing also said the federal court had no authority to intrude in the running of the prison camps. It argued that two judges at the U.S. District Court in Washington D.C.cannot hear the motion because the federal court "lacks jurisdiction over conditions-of-confinement and treatment claims."
Nevertheless, the Justice Department wrote, feeding Gtuantánamo prisoners with a nasogastric tube is to prevent their death is "humane," done in a way to minimize any pain.
The Justice Department filing urged the court not to issue a preliminary injunction against the feeding procedure, saying it would amount to authorizing "a detainee to commit suicide by starvation."
Lawyers for four prisoners on hunger strike filed the challenge Sunday, arguing that feeding the men against their will was a violation of their human rights and served no legitimate interest. They also said it would deprive them of their religious right to the traditional daytime fast during the upcoming Muslim holy period of Ramadan.
"Barring any unforeseen emergency or operational issues," the filing said, the U.S. military intends to feed all prisoners, including those on hunger strike, after sunset and before dawn during Ramadan to accommodate the men's religious practices.
Lawyers for the four prisoners plan to file a response to the Justice Department on Friday.
The military says 106 of the 166 prisoners at Guantanamo are on hunger strike, with up to 45 being force-fed to prevent dangerous weight loss.
Miami Herald reporter Carol Rosenberg contributed to this report from Miami.
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