DOD Memo re: Confidentiality Policy for Interactions Between Health Care Providers and Enemy Persons Under U.S. Control at Guantanamo Bay.
DEPARTMENT OF DEFENSE
WPM STAT. IIOUTIMPIN COMMIE
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SCCS 6 August 2002
POLICY MEMORANDUM 8-02
From: Chief of Staff
To: - See Distribution
SUBJECT: U.S. Southeen Command Confidentiality Policy for Intimations Between Health Care Providers and Enemy Perseus Under U.S. Control, Detained in Conjunction with Operation ENDURING FREEDOM
1. References:
a.
DoD Directive 5136.1, "Assistant Secretary of Defame for Health MAIM' (ASD (HA)),"
May 27, 1994
b.
DoD Directive 2310.1, "DoD Program for Enemy Prisoners of Wei (DOW) and
Other Detainees," August 18, 1994
c.
Third Geneva Convention Relative to the Treatment of Prisoners of War of August
12, 1949
d.
AR 190-8, OPNAVINST 3461.6, AFJI 31-304, MCO 3461.1, Enemy Prisoners of War, Retained Pencemel, Civilian Internee' and Other Detainees,"1 October 1997
2.
Purpose. This policy memorandum provides Odium, consistent with references 1.b.through 1.d. for medical one of enemy detainees under U.S. control.
3.
Backgrotmd. Foreign national persons captured and detained during combat operations inAfghanistan and elsewhere as pert of Operation ENDURING FREEDOM ("detainees") have, in some cases, been transported to the Guantamano Bay Naval Base in Cuba for detention pending interrogation and disposition. Detainees are not "prisoners of war," but instead are "oatmeal combatants" who wi•be treated Inman* and, to the extent appropriate and consistent with military necessity, in iMmner consistent with the principles of the Geneva Convention Relative to the Treatment of Primers of War. Medical, dental, and mental health one is provided to the detainees by military medical personnel under conditions and for purposes similar to those applicable to military conectional facilities. Communications from detainee to provider aregenerally for the purpose of treatment, bat may also contain information about harm to others orinformation of intelligence, tactical, or strategic value.
U05385
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SCCS SUBJECT: U.S. Southern Command Confidentiality Policy for Interactions Between Health Care Providers and Enemy Persons Under U.S. Control Detained in Cooatmction with Operation ENDURING FREEDOM
4. Policy. It shall be the policy of the United States Southern Command that
a.
The impose of medical, dental, and mental health are provided to detainees held at
Guantanamo Bay Naval Base is to treat injuries and maintain beeltit; to safeguard the public
health as an arclusive Federal responsibility; and to mist in preserving the detention
environment and the safety of cadre, ata f4 other deteinees. and the earounding population.
b.
Detainees shall be treated humanely, without selvage distinction based on sex, race,
rationality, religion, political opinions, or other similar =Ma.
c.
Communications between detainees and military medical, &loud, and mental health are providees, including be not limited to doctors, desists, psychiatrists, psychologists, psychotherapist, and waxer directed or swiped to =et Kok persons, are not confideetial andare not subject to the unction of privileges by or on Waif of deeds= Detainees shall not be given cause to have Impacted= of privacy regsmling their coonnunicatioes.
d.
Medical personnel shall convey any intimation concerning the "'key and wonky ofmilitary or civilian peesonnel, eatery or civilise property, classified ithe13111600, or the accomplishment of a mildewy or national security misdon including homeland damn obtainedfrom detainees in the course of treatment to non-medical military or other United States personnel who have an appoint need to bow the lamellae. Such infbrmation MD be untested to other United States personnel with an apparent need to bow, whether the acchange of information with the sen-medial person is initiated by the provider or by the nonmedical person. Medical personnel may not. however, become active perticipante in the collection of information, and may not be larked in any way for collection of Koh information. Medical personnel may seek medical history to include by whom and where pievious treatment
was rendered.
e. Medical, dental, and mental health care providers, who in the come of treatment receive from a detainee information that ocentitutes a threat of bodily harm to a specific individual, musttake immediate steps to make the target of the threat, the authorities rapondble for the securityof the threatened individual, and the authorities raponsiltie for counteracting the *nit
(if
different from those responsible for the individual's Kearny), aware eta none and source of
the threat.
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DODDON-000782
SCCS SUBJECT: U.S. Soudan Command Confidannalily Policy kr Imaractions Between Health Cue Providers and Enemy Persons Under U.S. Control, Detained in Conjunction with Operation ENDURING FREDOM
5. Point ofComm. The U.S. Southern Commend MI Mee fs the point of contact for this PolisY at sommoshdegalaillaed DSN
FOR 'THE COMMANDER IN CHIEF:
R.A. Brigadier General, U.S..Corps Mid of Stag U.S. Sadism Command
DISTRIBUTION B
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U05387
NOV00458
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