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Article 15 Proceedings re: Improper Use of Pepper Spray on Detainee at Guantanamo

Apr. 7, 2003 | DOD | ACLU-RDI 1299
Article 15 Proceeding against a soldier who used pepper spray on a detainee after the detainee threw a liquid of unknown substance from his cell on the soldiers. The Soldier states that the detainee threw a cup of liquid once, and then was attempting to throw a second cup when the soldier verbally warned the detainee several times to stop before spraying him. The soldier states he was following SOP to protect his soldiers from exposure to the potential diseases the liquid may contain. According to Camp Delta SOP, pepper spray is not to be used as a punitive measure; it may only be used in self-defense. The investigator finds that while the soldier's actions were not "in direct procedure with the SOP...they were very close to the standard set in place by the SOP". The use of the pepper spray was found to be reactionary and not malicious. Counseling is recommended.
AUTHORING AGENCIES:
RECEIVING AGENCIES:
METHODS MENTIONED:
INCIDENTS OF ABUSE MENTIONED:
  • 2003-03-26, Camp Delta, Guantanamo
    • After a detainee threw a cup of an unknown substance from his cell on passing soldiers, the soldiers ordered the detainee to behave himself. The detainee then attempted to throw a second cup of liquid on the soldiers and one of the soldiers used pepper spray to subdue the detainee. An Art. 15 Proceeding found the soldier misused the pepper spray and recommended counseling for the soldier.