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 conducted an independent investigation 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."
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