Guantanamo Bay detention camp
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Detainees
upon arrival at Camp X-Ray, January 2002
The Guantanamo Bay
detention camp is a controversial detainment and interrogation
facility of the United States located within Guantanamo Bay Naval Base, Cuba. The
facility was established in 2002 by the Bush Administration to hold detainees
from the war in Afghanistan and later Iraq. It is
operated by the Joint Task Force Guantanamo
(JTF-GTMO) of the United States government
in Guantanamo Bay Naval Base, which is on
the shore of Guantánamo Bay.[1]
The detainment areas consist of three camps: Camp Delta (which includes Camp Echo), Camp Iguana, and Camp X-Ray, the last of which has been
closed. The facility is often referred to as Guantánamo, G-Bay
or GTMO, after the military abbreviation for the Guantanamo Bay Naval
Base.[2][3]
After the US Department of Justice advised
that the Guantanamo Bay detention camp could be considered outside U.S. legal
jurisdiction, the first twenty captives arrived at Guantanamo on January 11, 2002. After the
Bush administration asserted that detainees were not entitled to any of the
protections of the Geneva Conventions, the U.S. Supreme Court ruled in Hamdan v. Rumsfeld
on June 29, 2006, that they were entitled to the minimal protections listed
under Common Article 3 of the Geneva Conventions.[4]
Following this, on July 7, 2006, the Department of Defense issued
an internal memo stating that prisoners would in the future be entitled to
protection under Common Article 3.[5][6][7]
Susan J. Crawford, who was appointed by Secretary of Defense Robert Gates to
review practices used at Guantanamo Bay, told Bob Woodward of the Washington
Post in an interview in January, 2009 that Mohammed al-Qahtani
was tortured
while being held prisoner at Guantanamo Bay, making her the first Bush
administration official to concede that torture occurred there.[8]
On January 22, 2009, the
White House announced that President Barack
Obama had signed an order to suspend the proceedings of the Guantanamo military commission for
120 days and that the detention facility would be shut down within the year.[9][10]
On January 29, 2009, a military judge at Guantanamo rejected the White House
request in the case of Abd al-Rahim al-Nashiri,
creating an unexpected challenge for the administration as it reviews how
America puts Guantanamo detainees on trial.[11]
On May 20, 2009, the United States Senate passed an amendment to
the Supplemental Appropriations Act of 2009 (H.R. 2346) by a 90-6 vote to
block funds needed for the transfer or release of prisoners held at the
Guantanamo Bay detention camp.[12]
President Obama issued a Presidential memorandum dated December
15, 2009, ordering the preparation of the Thomson Correctional Center, Thomson, Illinois so
as to enable the transfer of Guantanamo prisoners there.[13]
The Final Report of the Guantanamo Review Task Force dated January 22, 2010
published the results for the 240 detainees subject to the Review: 36 were
the subject of active cases or investigations; 30 detainees from Yemen were
designated for 'conditional detention' due to the security environment in
Yemen; 126 detainees were approved for transfer; 48 detainees were determined
'too dangerous to transfer but not feasible for prosecution'.[14]
The Federation of American Scientists
published a report entitled 'Enemy Combatant Detainees: Habeas
Corpus Challenges in Federal Court'.[15]
On January 7, 2011,
President Obama signed the 2011 Defense Authorization Bill
which places restrictions on the transfer of Guantanamo prisoners to the
mainland or to other foreign countries, thus impeding the closure of the
detention facility. However he strongly objected to the clauses and stated
that he would work with Congress to oppose the measures.[16]
U.S. Secretary of Defense Gates
said during a testimony before the US Senate Armed
Services Committee on February 17, 2011: "The prospects for closing
Guantanamo as best I can tell are very, very low given very broad opposition
to doing that here in the Congress."[17]
After the United Nations called unsuccessfully for the
Guantanamo Bay detention camp to be closed, one judge observed 'America's
idea of what is torture ... does not appear to coincide with that of most civilised nations'.[18]
In April 2011, Wikileaks began publishing 779 secret files relating to
prisoners in the Guantanamo Bay detention camp.[19]
As of February 2012, 171 detainees remain at Guantanamo.[20]
[edit] History
From the 1970s onwards,
the Guantanamo Bay Naval Base was used to house Cuban and Haitian refugees
intercepted on the high seas. In the 1990s, it held refugees who fled Haiti
in Camp
Bulkeley until United States District Court Judge Sterling Johnson Jr. declared the camp
unconstitutional on June 8, 1993, and the last Haitian migrants departed in
late 1995. In June 2005, the United States Department of
Defense announced that a unit of defense contractor Halliburton
would build a new $1 billion detention facility and security
perimeter around the base.
[edit] Facilities
A Camp
Delta recreation and exercise area in Guantánamo
Bay, Cuba. The
detention block is shown with sunshades drawn on December 3, 2002
Camp Delta is a 612-unit detention
center finished in April 2002. It includes detention camps 1 through 6 as
well as Camp Echo, where pre-commissions are
held.[21]
Camp Iguana is a much smaller,
low-security compound, located about a kilometer from the main compound. In
2002 and 2003, it housed three detainees who were under 16 and was closed
when they were flown home in January 2004. It was reopened in mid-2005 to
house some of the 38 detainees who were determined by the Combatant Status Review Tribunals
as no longer being "enemy combatants."
Camp X-Ray was a temporary detention
facility that was closed in April 2002. Its prisoners were transferred to
Camp Delta.
An Associated
Press report indicates that a seventh camp, named Camp 7, is also a
separate facility on the naval base. It is considered the highest-security
jail on the base, and its location is classified.[22]
[edit] Detainees
Main
article: List of Guantanamo Bay detainees
Since January 2002, 779
men have been brought to Guantanamo.[23]
Eight men died in the prison camp and 600 have been released.[24]
Most of them have been released without charge or transferred to facilities
in their home countries. The Department of Defense often referred to these
prisoners as the "worst of the worst", but a 2003 memo by then
Secretary of Defense Donald Rumsfeld says, "We need to stop
populating Guantanamo Bay (GTMO) with low-level enemy combatants ... GTMO
needs to serve as an [redacted] not a prison for Afghanistan."[25]
As of February 2012, 171 detainees remain at Guantanamo.[20]
The
cell in which David Hicks, an Australian
Guantanamo Bay prisoner, was detained. Inset is the prisoners' reading room,
without any books
A number of children are interned at
Guantánamo Bay, in apparent contravention of international law.[26]
In July 2005, 242
detainees were moved out of Guantanamo, including 173 that were released
without charge, and 69 transferred to the governments of other countries,
according to the U.S. Department of Defense.[27]
The Center for Constitutional Rights
has prepared a biography of some of the prisoners currently being held
in Guantanamo Prison.[28]
In September 2006,
President Bush announced that fourteen suspected terrorists were to be
transferred to the Guantánamo Bay detainment camp and admitted that
these suspects have been held in CIA black sites.[29][30]
None of the 14 top figures transferred to Guantánamo from CIA custody
had been charged until September 11, 2006.[31]
Some of the prisoners passed through the U.S. extraordinary
rendition program before arriving at Guantanamo.[32][33]
On February 11, 2008,
the U.S. Department of Defense charged Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa Ahmad al-Hawsawi,
Ali Abd al-Aziz Ali and Walid
Bin Attash for the September 11 attacks under the military commission system, as
established under the Military Commissions Act of 2006.[34]
On February 5, 2009,
charges against Abd al-Rahim al-Nashiri
were dropped without prejudice following an order signed by U.S. President
Barack Obama to suspend trials for 120 days.[35]
Abd al-Rahim al-Nashiri was accused of renting a
small boat connected with the USS
Cole bombing. He is one of the detainees known to have been interrogated
with waterboarding prior to his transfer at Guantanamo.[citation
needed]
Three have been
convicted by military court of various charges:
·
David
Hicks was found guilty, after a plea bargain, of providing material support
for terrorism in 2001, according to his military lawyer under retrospective legislation introduced in 2006.[36][37]
·
Salim Hamdan accepted a position on Osama
bin Laden's personal staff as a chauffeur.[38]
·
Ali
al-Bahlul made a video celebrating the attack
on the USS Cole (DDG-67).
In 2010, Colonel Lawrence Wilkerson, a former aide to Secretary of State Colin
Powell, stated in an affidavit that top U.S. officials, including George
W. Bush, Dick Cheney, and Donald
Rumsfeld, had known that the majority of the detainees initially sent to
Guantánamo were innocent, but that the detainees had been kept there
for reasons of political expedience.[39][40]
Wilkerson's statement was submitted in connection with a lawsuit filed in
federal district court by former detainee Adel Hassan Hamad against the United States
government and several individual officials.
[edit] Conditions
Supporters of
controversial techniques have declared that certain protections of the Third Geneva Convention do not apply to al-Qaeda or Taliban
fighters, claiming that Article III of the Geneva convention[41]
only applies to uniformed soldiers and guerrillas who wear
distinctive insignia, bear arms openly, and abide by the rules of war. Jim
Phillips of The Heritage Foundation has said that
"some of these terrorists who are not recognized as soldiers don't
deserve to be treated as soldiers."[42]
Critics of U.S. policy, such as George
Monbiot, claimed the government had violated
the Conventions in attempting to create a distinction between "prisoners
of war" and "illegal combatants."[43][44]
Amnesty International has called the situation
"a human rights scandal" in a series of reports.[45]
One of the allegations
of abuse at the camp is the abuse of the religion of the detainees.[46][47][48][49][50][51]
The U.S. government has claimed that they respect all religious and cultural
sensitivities. However, prisoners released from the camp have alleged that
abuse of religion including flushing the Qur'an down the
toilet, defacing the Qur'an, writing comments and remarks on the Qur'an,
tearing pages out of the Qur'an and denying detainees a copy of the Qur'an[citation
needed]. These allegations were highlighted by Pakistani
politician Imran Khan. Some of these abuses have been seen as
emblematic of the whole military leadership's approach toward treatment of
the prisoners while others argue that many abuses are performed and directed
on an individual level with severe disciplinary repercussions if discovered.[who?]
One of the justifications offered for the continued detention of Mesut Sen, during his Administrative Review Board hearing,
was:[52]
"Emerging as a leader, the detainee has been
leading the detainees around him in prayer. The detainees listen to him speak
and follow his actions during prayer."
Red Cross
inspectors and released detainees have alleged acts of torture,[53][54]
including sleep deprivation, beatings and locking in
confined and cold cells. Human rights groups argue that indefinite detention constitutes torture.[who?]
The
use of Guantánamo Bay as a military prison has drawn criticism from human
rights organizations and others, who cite reports that detainees have
been tortured[55]
or otherwise poorly treated. Supporters of the detention argue that trial
review of detentions has never been afforded to prisoners of war, and that it
is reasonable for enemy combatants to be detained until the cessation of
hostilities.
[edit] Prisoner complaints
Students campaign for the release of Shaker Aamer in March 2011
Three British
Muslim prisoners, now known in the media as the "Tipton
Three", were released in 2004 without charge. The three have alleged
ongoing torture, sexual degradation, forced drugging and religious persecution being committed by
U.S. forces at Guantánamo Bay.[56][57]
Former Guantanamo detainee Mehdi
Ghezali was freed without charge on July 9,
2004, after two and a half years internment. Ghezali
has claimed that he was the victim of repeated torture. Omar Deghayes alleges he was blinded by pepper
spray during his detention.[58]
Juma Al Dossary claims he
was interrogated hundreds of times, beaten, tortured with broken glass, barbed
wire, burning cigarettes, and sexual
assaults.[59]
David Hicks also made allegations of torture
and mistreatment in Guantánamo Bay, including stress positions,
extreme temperatures, sleep deprivation and medical experimentation.[60]
An
Associated Press report claims that some detainees were turned over to the
U.S. by Afghan tribesmen in return for cash bounties[61]
The first
Denbeaux study reproduces copies of several of
leaflets, flyers and posters the U.S. Government distributed to advertise the
bounty program; some of which offered bounties of "millions of dollars."[62]
Forced
feeding accusations by hunger-striking detainees began in the fall of 2005:
"Detainees said large feeding tubes were forcibly shoved up their noses
and down into their stomachs, with guards using the same tubes from one
patient to another. The detainees say no sedatives were provided during these
procedures, which they allege took place in front of U.S. physicians,
including the head of the prison hospital."[63][64]
"A hunger striking detainee at Guantánamo Bay wants a judge to
order the removal of his feeding tube so he can be allowed to die, one of his
lawyers has said."[65]
Within a few weeks, the Department of Defense "extended an invitation to
United Nations Special Rapporteurs to visit detention facilities at
Guantanamo Bay Naval Station."[66][67]
This was rejected by the U.N. considering the restrictions "that [the]
three human rights officials invited to Guantánamo Bay wouldn't be
allowed to conduct private interviews" with prisoners.[68]
Simultaneously, media reports ensued surrounding the question of prisoner
treatment.[69][70][71]
"District Court Judge Gladys
Kessler also ordered the U.S. government to give medical records going
back a week before such feedings take place."[72]
In early November 2005, the U.S. suddenly accelerated, for unknown reasons,
the rate of prisoner release, but this was unsustained.[73][74][75][76]
In
2005, it was reported that sexual methods were allegedly used by female
interrogators to break Muslim prisoners.[77]
In a
leaked 2007 cable, a State Department official requested an interview of a
released Libyan national complaining of an arm disability and tooth loss that
happened during his detainment and interrogations.[78]
[edit] Suicides and
suicide attempts
Main article: Guantanamo Bay
detention camp suicide attempts
By May
2011 there had been at least six suicides in Guantánamo that are in
public knowledge.[79][80]
During
August 2003, there were 23 suicide attempts. The U.S. officials would not say
why they had not previously reported the incident.[81]
After this event the Pentagon reclassified suicides as "manipulative
self-injurious behaviors" because it is alleged by camp physicians
that detainees do not genuinely wish to end their lives.[82][83]
Guantanamo
Bay soldiers officials have reported 41 unsuccessful
suicide attempts by 25 detainees since the U.S. began taking prisoners to the
base in January 2002. Defense lawyers contend the number of suicide attempts
is higher. On May 19, 2002, a UN panel said that holding detainees
indefinitely at Guantánamo violated the world's ban on torture and
that the United States should close the detention center. Mark Denbeaux, a law professor at Seton Hall University in New Jersey
who represents two Tunisians at Guantánamo, said he believes others are
candidates for suicide.[84][85]
In
2008 a video was released of an interrogation between Canadian Security Intelligence
Service, and a Central Intelligence Agency (CIA)
officer, and Omar Khadr, a youth held in
Guantánamo Bay, in which Khadr repeatedly
cries, saying what sounds to be either "help me", "kill
me" or calling for his mother, in Arabic.[86][87][88]
Some
ex-prisoners in interviews at their homes, weeks after being released, talked
of what they said was the overwhelming feeling of injustice among the
approximately 680 men detained indefinitely at Guantánamo Bay.
Quotes
from ex-prisoners:
"I was trying to kill myself", said Shah
Muhammad, 20, a Pakistani who was captured in northern Afghanistan in
November 2001, handed over to American soldiers and flown to
Guantánamo in January 2002. "I tried four times, because I was
disgusted with my life."
"We needed more blankets, but they would not
listen", he said.[89]
The U.S. government has denied all of the above charges, but on May 9, 2004, The Washington Post publicized classified
documents that showed Pentagon approval of using sleep deprivation, exposure
to hot and cold, bright lights, and loud music during interrogations at
Guantánamo.[90][91]
[edit] Reported suicides
of June 2006
Main article: Guantanamo Bay homicide
accusations
On
June 10, 2006, three detainees were found dead, who, according to the Pentagon, "killed
themselves in an apparent suicide pact."[92]
Prison commander Rear Admiral Harry Harris claimed this was not an act
of desperation, despite prisoners'
pleas to the contrary, but rather "an act of asymmetric warfare committed against us."[84][93][94]
According to a study published by Seton Hall Law's Center for Policy and
Research [95]
on December 7, 2009, titled "Death in Camp Delta,[96]
" the government's investigation does not support that these men
committed suicide by hanging themselves inside of their cells.[97]
Four
members of the Military Intelligence unit assigned to guard Camp Delta,
including a decorated non-commissioned Army officer who was on duty as
sergeant of the guard the night of June 9–10, 2006, have presented an
account that contradicts the report published by the Naval Criminal Investigative
Service (NCIS)[98][99][100][101][102]
According to its spokeswoman Laura Sweeney, the Department of Justice has
disputed certain facts contained in the article about the soldiers' account,
which was published by the magazine Harper's.[103]
At the
time, human rights groups called for an independent public inquiry into the
deaths.[103]
Amnesty International said the apparent
suicides "are the tragic results of years of arbitrary and indefinite
detention" and called the prison "an indictment" of the George W. Bush administration's
human rights record.[84]
Saudi Arabia's state-sponsored Saudi Human Rights group blamed the U.S. for
the deaths. "There are no independent monitors at the detention camp so
it is easy to pin the crime on the prisoners... it's possible they were
tortured," said Mufleh al-Qahtani, the group's
deputy director, in a statement to the local Al-Riyadh newspaper.[84]
[edit] Torture accusations
The International Committee of
the Red Cross inspected the camp in June 2004. In a confidential report
issued in July 2004 and leaked to The New York Times in November 2004,
Red Cross inspectors accused the U.S. military of using "humiliating
acts, solitary confinement, temperature
extremes, use of forced positions" against prisoners. The
inspectors concluded that "the construction of such a system, whose stated
purpose is the production of intelligence, cannot be considered other than an
intentional system of cruel, unusual and degrading treatment and a form of
torture." The United States Government has reportedly rejected the Red
Cross findings.[104][105][106]
On
November 30, 2009, The New York Times published excerpts from
an internal memo leaked from the U.S. administration,[104]
referring to a report from the International Committee of
the Red Cross (ICRC). The ICRC reports of several activities that, it
said, were "tantamount to torture": exposure to loud noise or
music, prolonged extreme temperatures, or beatings. It also reported that a Behavioral Science Consultation
Team (BSCT), also called 'Biscuit,' and military physicians communicated
confidential medical information to the interrogation teams (weaknesses,
phobias, etc.), resulting in the prisoners losing confidence in their medical
care.
Access
of the ICRC to the base was conditional, as is normal for ICRC humanitarian
operations, on the confidentiality of their report; sources have reported
heated debates had taken place at the ICRC headquarters, as some of those
involved wanted to make the report public, or confront the U.S.
administration. The newspaper said the administration and the Pentagon had
seen the ICRC report in July 2004 but rejected its findings.[107][105]
The story was originally reported in several newspapers, including The
Guardian,[108]
and the ICRC reacted to the article when the report was leaked in May.[106]
According
to a June 21, 2005, New York Times opinion article,[109]
on July 29, 2004, an FBI agent was quoted as saying, "On a couple of
occasions, I entered interview rooms to find a detainee chained hand and foot
in a fetal position to the floor, with no chair, food
or water. Most times they had urinated or defecated on themselves and had
been left there for 18, 24 hours or more." Air Force Lt. Gen. Randall
Schmidt, who headed the probe into FBI accounts of abuse of
Guantánamo prisoners by Defense Department personnel, concluded the
man (a Saudi, described as the "20th hijacker") was subjected to
"abusive and degrading treatment" by "the cumulative effect of
creative, persistent and lengthy interrogations." The techniques used
were authorized by the Pentagon, he said.[110]
Many of the released prisoners have complained of enduring beatings,
sleep deprivation, prolonged constraint in
uncomfortable positions, prolonged hooding,
sexual and cultural humiliation, forced injections, and other physical and
psychological mistreatment during their detention in Camp Delta.
Spc. Sean Baker,
a soldier posing as a prisoner during training exercises at the camp, was
beaten so severely that he suffered a brain injury and seizures.[111]
In June 2004, The New York Times reported that of the nearly 600
detainees not more than two dozen were closely linked to al-Qaeda and that
only very limited information could have been received from questionings. The
only top terrorist is reportedly Mohammed al Qahtani
from Saudi Arabia, who is believed to have planned to participate in the September 11 attacks in 2001.[112]
The
Washington Post in a
May 8, 2004, article describes a set of interrogation techniques approved for
use in interrogating alleged terrorists at Guantánamo Bay that are
said by Kenneth Roth, executive director of Human Rights
Watch, to be cruel and inhumane treatment illegal under the U.S. Constitution.[113]
On June 15, Brigadier General Janis
Karpinski at the centre
of the Abu Ghraib prisoner abuse in Iraq said she was
told from the top to treat detainees like dogs "as it is done in
Guantánamo [Camp Delta]." The former commander of Camp X-Ray,
Geoffrey Miller, was the person brought in to deal with the inquiry into the
alleged abuses at Abu Ghraib in Iraq during the Allied occupation. Ex-detainees
of the Camp have made serious allegations, including alleging Geoffrey
Miller's complicity in abuse at Camp X-Ray.
The
book, Inside
the Wire by Erik Saar and Viveca Novak also claims to reveal the abuse of
prisoners. Saar, a former U.S. soldier, repeats allegations that a female
interrogator taunted prisoners sexually and in one instance wiped what seemed
to be menstrual
blood on the detainee.[114]
Other instances of beatings by the immediate reaction force
(IRF) have been reported in the book.
An FBI
email from December 2003, six months after Saar had left, said that the
Defense Department interrogators at Guantánamo had impersonated FBI
agents while using "torture techniques" on a detainee.[115]
In an
interview with CNN's
Wolf
Blitzer in June 2005, Dick Cheney defended the treatment of prisoners at
Guantánamo: "There isn't any other nation in the world that would
treat people who were determined to kill Americans the way we're treating
these people. They're living in the tropics.
They're well fed. They've got everything they could possibly want."[116]
Main article: Periodic
Report of the United States of America to the United Nations Committee
Against Torture
The
United States government, through the State Department, makes periodic
reports to the United Nations Committee Against Torture. In October 2005, the
report focused on pretrial detention of suspects in the "War
on Terrorism", including those held in Guantánamo Bay. This
particular Periodic Report is significant as the first official response of
the U.S. government to allegations that prisoners are mistreated in
Guantánamo Bay. The report denies the allegations but does describe in
detail several instances of misconduct that did not arise to the level of
substantial abuse, as well as the training and punishments given to the
perpetrators.
[edit] Operating procedures
A
manual called "Camp Delta Standard Operating Procedure" (SOP),
dated February 28, 2003, and designated "Unclassified//For Official Use
Only", was published on Wikileaks. This is the main
document for the operation of Guantánamo Bay, including the securing
and treatment of detainees. The 238-page document includes procedures for identity
cards and 'Muslim burial'. It is signed by Major General Geoffrey D. Miller. The document is the
subject of an ongoing legal action by the American Civil Liberties Union
(ACLU), which has been trying to obtain it from the Department of Defense.[117][118]
On
July 2, 2008, the International Herald Tribune
revealed in an article that the U.S. military trainers who came to
Guantánamo Bay in December 2002 had based an entire interrogation
class on a chart copied directly from a 1957 Air Force study of Chinese Communist torture techniques used
during the Korean War to obtain confessions. The chart showed the
effects of "coercive management techniques" for possible use on
prisoners, including "sleep deprivation," "prolonged
constraint" (also known as "stress
positions"), and "exposure". The 1957 article from which
the chart was copied, written by Alfred D. Biderman,
a sociologist then working for the Air Force, was entitled "Communist
Attempts to Elicit False Confessions From Air Force Prisoners of War."
Other techniques used by the Chinese Communists that were listed on the chart
include "Semi-Starvation," "Exploitation of Wounds," and
"Filthy, Infested Surroundings," along with their effects:
"Makes Victim Dependent on Interrogator," "Weakens Mental and
Physical Ability to Resist," and "Reduces Prisoner to 'Animal
Level' Concerns." The only change made to the chart used at
Guantánamo was an altered title.[119]
Almost
all U.S. military personnel receive similar treatment in Survival, Evasion,
Resistance and Escape (SERE) training, where they learn to resist it. Except
for the few students who go on to advanced courses, training does not include
isolation, however.[citation
needed] One trainer testified before a Senate committee
that his team received pressure in September 2003 to demonstrate the
techniques on an Iraqi prisoner and that they were sent home after they
refused.[120]
[edit] Government and military inquiries
Senior
law enforcement agents with the Criminal Investigation Task Force
told msnbc.com in 2006 that they began to complain inside the Defense
Department in 2002 that the interrogation tactics used by a separate team of
intelligence investigators were unproductive, not likely to produce reliable
information and probably illegal. Unable to get satisfaction from the Army
commanders running the detainee camp, they took their concerns to David
Brant, director of the Naval Criminal Investigative
Service (NCIS), who alerted Navy General Counsel Alberto
J. Mora.[121]
General
Counsel Mora and Navy Judge Advocate General Michael
Lohr believed the detainee treatment to be
unlawful and campaigned among other top lawyers and officials in the Defense
Department to investigate, and to provide clear standards prohibiting
coercive interrogation tactics.[122]
In response, on January 15, 2003, Donald
Rumsfeld suspended the approved interrogation tactics at
Guantánamo until a new set of guidelines could be produced by a
working group headed by General Counsel of the Air Force Mary
Walker. The working group based its new guidelines on a legal memo from
the Department of Justice Office of Legal Counsel written by John Yoo and signed by Jay S. Bybee, which would later become widely known as the
"Torture
Memo." General Counsel Mora led a faction of the Working Group in
arguing against these standards, and argued the issues with Yoo in person. The working group's final report, was
signed and delivered to Guantánamo without the knowledge of Mora and
the others who had opposed its content. Nonetheless, Mora has maintained that
detainee treatment has been consistent with the law since the January 15,
2003, suspension of previously approved interrogation tactics.[123]
On May
1, 2005, The New York Times reported on an ongoing high-level military
investigation into accusations of detainee abuse at Guantánamo,
conducted by Lt. Gen. Randall M. Schmidt of the Air Force, and dealing with:
"accounts by agents for the Federal Bureau of Investigation who
complained after witnessing detainees subjected to several forms of harsh
treatment. The F.B.I. agents wrote in memorandums that were never meant to be
disclosed publicly that they had seen female interrogators forcibly squeeze
male prisoners' genitals, and that they had witnessed other detainees
stripped and shackled low to the floor for many hours."[124][125]
In
June 2005, the United States House
Committee on Armed Services visited the camp and described it as a
"resort" and complimented the quality of the food. However
Democratic members of the committee complained that Republicans had blocked
the testimony of attorneys representing the prisoners.[126]
On
July 12, 2005, members of a military panel told the committee that they
proposed disciplining prison commander Army Major General Geoffrey Miller
over the interrogation of Mohamed al-Kahtani
who was forced to wear a bra, dance with another man and threatened with
dogs. The recommendation was overruled by General Bantz J. Craddock,
commander of U.S. Southern Command, who referred the
matter to the Army's inspector general.
The
Senate Armed Services Committee Report on Detainee Treatment was declassified
and released in 2009. It stated "The abuse of detainees in U.S. custody
cannot simply be attributed to the actions of "a few bad apples"
acting on their own. The fact is that senior officials in the United States
government solicited information on how to use aggressive techniques,
redefined the law to create the appearance oftheir
legality, and authorized their use against detainees. Those efforts damaged
our ability to collect accurate intelligence that could save lives,
strengthened the hand of our enemies, and compromised our moral authority."[127]
[edit] Legal issues
[edit] Combatant
Status Review Tribunal
Main article: Combatant Status Review Tribunal
|
This section may be too long to read and navigate
comfortably. Please consider moving more of the content into
sub-articles and using this article for a summary of the key points of the
subject. (April 2011)
|
On
November 8, 2004, a federal court halted the proceeding of Salim Ahmed Hamdan
of Yemen. Hamdan was to be the first Guantanamo
detainee tried before a military commission. Judge James Robertson of the U.S. District
Court for the District of Columbia ruled that the U.S. military had failed to
convene a competent tribunal to determine that Hamdan was not a prisoner of war under the Geneva
Conventions—specifically Article 5 of the third Geneva Convention[128]
However,
a three judge panel overturned judge Robertson's ruling on Friday, July 15,
2005.[129]
The panel's ruling stated that the trial by military commission could serve
alone as the necessary "competent tribunal." On June 29, 2006, the Supreme Court of the United States
reversed the ruling of the Court of Appeals and found that President Bush did
not have authority to set up the war crimes tribunals and that the
commissions were illegal under both military justice law and the Geneva
Convention.[130][131]
The Supreme Court reserved the question that Judge Robertson found decisive,
namely it did not rule on whether detainees were entitled to an Article 5
determination.
There
is a dispute over whether (and how) detainees may be incarcerated and tried.
David B. Rivkin Jr. and Lee A. Casey claimed that
the Supreme Court's Hamdan ruling affirms that the
United States is engaged in a legally cognizable armed conflict to which the
laws of war apply. It may hold captured al Qaeda and Taliban operatives
throughout that conflict, without granting them a criminal trial, and is also
entitled to try them in the military justice system—including by
military commission.[132]
The
Supreme Court in Hamdan v. Rumsfeld
has not required that neither members of al Qaeda nor their allies, including
members of the Taliban, must be granted POW status.[133]
However, the Supreme Court stated that the Geneva Conventions, most notably
the Third Geneva Convention and Article 3 of the Fourth Geneva Convention (requiring
humane treatment) applies to all detainees in the War on Terror. In July
2004, following Hamdi v. Rumsfeld—ruling
the Bush administration began using Combatant Status Review Tribunals to
determine whether the detainees could be held as "enemy combatants."[134]
The
ruling also disagreed with the administration's view that the laws and
customs of war did not apply to the U.S. armed conflict with Al Qaeda
fighters during the 2001 U.S. invasion of Taliban-controlled
Afghanistan,
stating that Article 3 common to all the Geneva Conventions applied in such a
situation, which—among other things—requires fair trials for
prisoners. Common Article 3 applies in "wars not of an international
character" (i.e., civil wars) in a signatory to the Geneva
Conventions—in this case the civil war in signatory Afghanistan. It is
likely that the Bush administration may now be forced to try detainees held
as part of the "war on terror" either by court
martial (as U.S. troops and prisoners of war are) or by civilian federal court. However, Bush has
indicated that he may seek an Act of Congress authorizing military
commissions.
On
January 31, 2005, Washington federal judge Joyce
Hens Green ruled that the Combatant Status Review Tribunals
(CSRT) held to confirm the status of the prisoners in Guantánamo as
"enemy combatants" was "unconstitutional", and that they
were entitled to the rights granted by the Constitution of the United States
of America. The Combatant Status Reviews were completed in March 2005.
Thirty-eight of the detainees were found not to be combatants. On March 29,
2005, the dossier of Murat Kurnaz was
accidentally declassified. Kurnaz was one of the 500-plus
detainees the reviews had determined was an "enemy
combatant." Critics found that his dossier contained over a hundred
pages of reports of investigations that had found no ties to terrorists or
terrorism whatsoever. It contained one memo that said Kurnaz
had a tie to a suicide bomber. Judge Green said this memo "fails to
provide significant details to support its conclusory
allegations, does not reveal the sources for its information and is
contradicted by other evidence in the record."
Eugene
R. Fidell, who The Washington Post
called a Washington-based expert in military law, said that "It suggests
the procedure is a sham; if a case like that can get through, then the merest
scintilla of evidence against someone would carry the day for the government,
even if there's a mountain of evidence on the other side."[135]
Another detainee, Fawaz
Mahdi, was determined by a CSRT to be an enemy combatant despite the fact
that the CSRT (and Fawaz' lawyer) observed that he
suffers a form of mental illness and that the only evidence for determining
his status was his own statement.[136]
Main article: Administrative Review Board
Besides
convening Combatant Status Review Tribunals the Department of Defense
initiated a similar, annual review. Like the CSRT the Board did not have a
mandate to review whether detainees qualified for POW status under the Geneva
Conventions. The Board's mandate was to consider the factors for and against
the continued detention of captives, and make a recommendation either for
their retention, or their release or their transfer to the custody of their
country of origin. The first set of annual reviews considered the dossiers of
463 captives. The first board met between December 14, 2004, and December 23,
2005. The Board recommended the release of 14 detainees, and repatriation of
120 detainees to the custody of their country of origin.
[edit] Habeas corpus
See also: Habeas
Corpus
On
June 12, 2008, the United States Supreme Court ruled in Boumediene v. Bush that the
Guantánamo captives were entitled to the protection of the United States Constitution.[137][138][139][140]
Justice Anthony Kennedy, writing for the majority,
described the SCR Tribunals as "an inadequate substitute for habeas
corpus" although "both the DTA and the SCRT process remain intact."[141]
On
October 21, 2008, United States district court Judge Richard
J. Leon ordered the release of the five Algerians held at
Guantánamo Bay, Cuba, and the continued detention of a sixth, Bensayah Belkacem. The Court ruled: "To allow enemy combatancy to rest on so thin a reed would be
inconsistent with this court's obligation; the court must and will grant
their petitions and order their release. This is a unique case. Few if any
others will be factually like it. Nobody should be lulled into a false sense
that all of the... cases will look like this one."[142][143][144][145]
[edit] Other court rulings
On
January 10, 2004, 175 members of both houses of Parliament in the UK
had filed an amici curiae
brief to support the detainees' access
to U.S. jurisdiction.
The Supreme
Court heard oral arguments on the case of Al Odah v. United States on December
5, 2007. Plaintiffs in the case argue that Guantánamo detainees
deserve the right to habeas corpus and that the U.S. court system, not the
military CSRT system, should have jurisdiction in such cases. On June 12,
2008, the Supreme Court ruled that detainees do
have the right to challenge their detention in civilian courts, overturning a
2006 law that abridged such rights.[146]
On February
23, 2006, U.S. District Court Judge Jed S. Rakoff of the Southern District of New York ordered
the Defense Department to release uncensored transcripts of detainee hearings
that contained identifying information for detainees in custody as well as
the names of those who have been held and later released. The U.S. military
has never officially released even the names of any detainees except the ten
who have been charged. The U.S. Defense Department immediately said it would
obey the judge's order.[147] The names of only 317 of the
about 500 alleged enemy combatants being held in Guantánamo Bay were
released by the Department of Defense on March 3, 2006. Pentagon spokesman
Bryan Whitman justified withholding the names out of a concern for the
detainees' privacy, although Judge Rakoff had
already dismissed this argument.[148][149][150]
French judge Jean-Claude Kross September 27, 2006, postponed a verdict in the
trial of six former Guantánamo Bay detainees accused of attending
combat training at an al Qaeda camp in Afghanistan, saying the court needs
more information on French intelligence missions to Guantánamo.
Defense lawyers for the six men, all French nationals, accuse the French
government of colluding with U.S. authorities over the detentions and seeking
to use inadmissible evidence obtained through Secret Service interviews with
the detainees without their lawyers present. Kross
scheduled new hearings for May 2, 2007, calling the former head of
counterterrorism at the French Direction de la surveillance du territoire
intelligence agency [official backgrounder] to testify.[151]
Starting
November 16, 2009, in compliance with a court ruling from 2008, dozens of
suspects are pleading for their freedom from the Guantánamo Bay
prison, sometimes even testifying on their own behalf by video from the U.S.
naval base in Cuba. Fifteen Federal judges have found the
government's evidence against 30 detainees wanting and ordered their release.
That number could rise significantly because the judges are on track to hear
challenges from dozens more prisoners.[152]
In April 2004, Cuban diplomats
tabled a United Nations resolution calling for a
UN investigation of Guantánamo Bay.[153]
In May
2007, Martin Scheinin, a United Nations rapporteur
on rights in countering terrorism, released a preliminary report for the
United Nations Human Rights Council. The report stated the United States
violated international law, particularly the International Covenant on Civil and Political Rights,
that the Bush Administration could not try such prisoners as enemy combatants
in a military tribunal and could not deny them access to the evidence used
against them.[154] Echo have been labeled
"illegal" or "unlawful enemy combatants," but
several observers such as the Center for Constitutional Rights and Human Rights Watch maintain that the
United States has not held the Article 5 tribunals required by the
Geneva Conventions.[155] The International Committee
of the Red Cross has stated that, "Every person in enemy hands must have
some status under international law: he is either a prisoner of war and, as
such, covered by the Third Convention, a civilian covered by the Fourth
Convention, [or] a member of the medical personnel of the armed forces who is
covered by the First Convention. There is no intermediate status; nobody in
enemy hands can fall outside the law." Thus, if the detainees are not
classified as prisoners of war, this would still grant them the rights of the
Fourth Geneva Convention, as opposed to the more common Third Geneva
Convention, which deals exclusively with prisoners of war. A U.S. court has
rejected this argument, as it applies to detainees from al Qaeda.[44] Henry King, Jr., a prosecutor
for the Nuremberg Trials, has argued that the
type of tribunals at Guantánamo Bay "violates the Nuremberg
principles" and that they are against "the spirit of the Geneva
Conventions of 1949."[156]
Many
supporters have argued for the summary execution of all unlawful combatants,
using Ex parte Quirin as the precedent, a
case during World War II that upheld the use of
military tribunals for eight German soldiers caught on U.S. soil. The Germans
were deemed to be saboteurs and unlawful combatants, and thus not entitled to
POW protections, and six were eventually executed for war crimes on request of the President of the United States, Franklin D. Roosevelt. The validity of
this case, as basis for denying prisoners in the War on Terrorism protection
by the Geneva Conventions, has been disputed.[157][158][159]
A report by
the American Bar Association commenting on
this case, states that the Quirin case "...
does not stand for the proposition that detainees may be held incommunicado
and denied access to counsel." The report notes that the Quirin defendants could seek review and were represented
by counsel.[160]
A report
published in April 2011 in the PLoS Medicine journal looked at the
cases of nine individuals for evidence of torture and ill treatment and
documentation by medical personnel at the base by reviewing medical records
and relevant legal case files (client affidavits, attorney–client notes
and summaries, and legal affidavits of medical experts). The findings in
these nine cases from the base indicate that medical doctors and mental
health personnel assigned to the DoD neglected
and/or concealed medical evidence of intentional harm, and the detainees
complained of "abusive interrogation methods that are consistent with
torture as defined by the UN Convention Against Torture as well as the more
restrictive US definition of torture that was operational at the time".[161]
The group
Physicians for Human Rights has claimed that health professionals were active
participants in the development and implementation of the interrogation
sessions, and monitored prisoners to determine the effectiveness of the
methods used, a possible violation of the Nuremberg Code, which bans human
experimentation on prisoners.[162]
Main
article: Guantanamo military commission
The American Bar Association announced that:
"In response to the unprecedented attacks of September 11, on November 13,
2001, the President announced that certain non-citizens (of the USA) would be
subject to detention and trial by military authorities. The order provides
that non-citizens whom the government deems to be, or to have been, members
of the al Qaida organization or to have engaged in, aided or abetted, or
conspired to commit acts of international terrorism that have caused,
threaten to cause, or have as their aim to cause, injury to or adverse
effects on the United States or its citizens, or to
have knowingly harbored such individuals, are subject to detention by military
authorities and trial before a military commission."[163]
On
September 28 and September 29, 2006, the U.S. Senate and House of Representatives, respectively,
passed the Military Commissions Act of 2006, a
controversial bill that allows the President to designate certain people with
the status of "unlawful enemy combatants" thus
making them subject to military commissions, where they have fewer civil rights than in regular trials.
Tents where
visiting lawyers, human rights observers, and reporters were to stay when
watching or participating in the Military Commissions.
Camp
Justice is the informal name granted to the complex where Guantánamo
captives will face charges before the Guantanamo military commissions. It was
named by Sgt Neil Felver of the 122 Civil Engineering Squadron in a name the camp contest.[164][165][166] Initially the complex was to
be a permanent facility, costing over $100 million. The United States Congress over-ruled the Bush Presidency's plans. Now the camp will be
a portable, temporary facility, costing approximately $10 million.
On 2 January 2008 Toronto Star reporter Michelle Shephard offered an account of
the security precautions reporters go through before they can attend the
hearings:[167]
·
Reporters
were not allowed to bring in more than one pen;
·
Female
reporters were frisked if they wore underwire bras;
·
Reporters
were not allowed to bring in their traditional coil-ring notepads;
·
The bus
bringing reporters to the hearing room is checked for explosives before it
leaves;
·
200 meters
from the hearing room reporters dismount, pass through metal detectors, and
are sniffed by chemical detectors for signs of exposure to explosives;
·
Only eight
reporters are allowed into the hearing room—the remainder watch over
closed circuit TV;
On 1
November 2008 David McFadden of the Associated Press stated the 100
tents erected to hold lawyers, reporters and observers for the military
commissions were practically deserted when he and two other reporters covered
Ali Hamza al-Bahlul's military
commission in late October 2008.[168]
In late January 2004, U.S.
officials released three children aged 13 to 15 and returned them to
Afghanistan. In March 2004, twenty-three adult prisoners were released to
Afghanistan, five were released to the United Kingdom (the final four British
detainees were released in January 2005), and three were sent to Pakistan.
On July 27, 2004, four French detainees were repatriated and
remanded in custody by the French intelligence agency Direction de la Surveillance du Territoire.[169] The remaining three French
detainees were released in March 2005.[170]
On August
4, 2004, the three ex-detainees who had been returned to the UK in March of
that year (and freed by the British authorities within 24 hours of their
return) filed a report in the U.S. claiming persistent severe abuse at the
camp, of themselves and others.[171] They claimed that false
confessions were extracted from them under duress, in conditions that
amounted to torture. They alleged that conditions deteriorated when Major
General Geoffrey D. Miller took charge of the
camp, including increased periods of solitary confinement for the detainees.
They claimed that the abuse took place with the knowledge of the intelligence
forces. Their claims are currently being investigated by the British government. There are five
British residents remaining: Bisher Amin Khalil Al-Rawi, Jamil al Banna, Shaker Abdur-Raheem Aamer, Jamal Abdullah and Omar Deghayes.[172]
By November
2005, 358 of the then-505 detainees held at Guantanamo Bay had Administrative Review Board hearings.[173] Of these, 3% were granted
and were awaiting release, 20% were to be transferred, 37% were to be further
detained at Guantanamo, and no decision had been made in 40% of the cases.
Of two
dozen Uyghur detainees at Guantanamo Bay, The
Washington Post reported on August 25, 2005, fifteen were found not to be
"enemy combatants."[174] These Uyghurs
remained in detention, however, because the United States refused to return
them to China, fearing that China would "imprison, persecute or torture
them"; U.S. officials note that their overtures to approximately 20
countries to grant the individuals asylum have thus far been rebuked, leaving
the prisoners no place to be released to.[174] On 5 May 2005, five Uyghurs were transported to refugee camps in Albania, and the Department of Justice filed an
"Emergency Motion to Dismiss as Moot" on the same day.[175][176] One of the Uyghurs' lawyers characterized the sudden transfer as an
attempt "to avoid having to answer in court for keeping innocent men in
jail."[177][178]
In August
2006, Murat Kurnaz was released from
Guantánamo.[179]
Airat Vakhitov and Rustam Akhmyarov, two Russian nationals captured in
Afghanistan in December 2001 (in a Taliban prison, in Vakhitov's
case) and released from Guantánamo in 2004, were arrested by Russian authorities
in Moscow on August 27, 2005, for allegedly
preparing a series of attacks in Russia. According to authorities, Vakhitov was using a local human rights group as cover
for his activities.[180] They were released on
September 2, 2005, and no charges were pressed.[181]
U.S.
officials have claimed that some of the released prisoners returned to the battlefield. According
to Dick Cheney, these captives tricked their interrogators about their real
identity and made them think they were harmless villagers, and thus they were
able to "return to the battlefield."[182] One released detainee, Abdallah Salih al-Ajmi, a Kuwaiti, committed a successful suicide
attack in Mosul, on March 25, 2008. Al-Ajmi had been repatriated from Guantánamo in 2005,
and transferred to Kuwaiti custody. A Kuwaiti court later acquitted him of
terrorism charges.[183][184][185] On January 13, 2009, the
Pentagon said that it had evidence that 18 former detainees have had direct
involvement in terrorist activities.[186] The Pentagon said that
another 43 former detainees have "a plausible link with terrorist
activities" according to its intelligence sources.[186] National security expert and
CNN analyst Peter Bergen, states that some of those
"suspected" to have returned to terrorism are so categorized
because they publicly made anti-American statements, "something that's
not surprising if you've been locked up in a U.S. prison camp for several
years." If all 18 people on the "confirmed" list have
"returned" to the battlefield, that would
amount to 4 percent of the detainees who have been released.[187]
As of June
15, 2009, Guantánamo held more than 220 detainees.[188]
The United
States is negotiating with Palau to accept a group of innocent
Chinese Uyghur Muslims held at the Guantánamo Bay.[189]
The
Department of Justice announced on June 12, 2009, that Saudi Arabia had accepted three.[188] The same week, one detainee
was released to Iraq, and one to Chad.[188]
Also that
week, four Uyghur detainees were released in Bermuda.[188] On June 11, 2009, the U.S.
Government negotiated a deal in secret with the Bermudian Premier, Doctor Ewart Brown to release 4 Uyghur
detainees to Bermuda, an overseas territory of the UK. The detainees were
flown into Bermuda under the cover of darkness. The U.S. purposely kept the
information of this transfer secret from the UK, which handles all foreign
affairs and security issues for Bermuda, as it was feared that the deal would
collapse with their involvement. The story was leaked by the U.S. media, at
which time Premier Brown was forced to hold a national address to inform the
people of Bermuda. The move was met with immediate distaste from Bermudians
as well as irate the UK Government, prompting an informal review by the UK
Government and a tabled vote of no confidence by the Bermudian opposition
part, the UBP, in Premier Brown. It is currently being decided if the
decision to have the Uyghur detainees remain in Bermuda is to be overruled by
the UK Government.[190]
Italy agreed on June 15, 2009, to accept
three prisoners.[188] Ireland agreed on July 29,
2009, to accept two prisoners. The same day, the European Union said that its member
states would accept some detainees.[188] In January 2011 WikiLeaks revealed that Switzerland accepted several Guantanamo detainees as
a quid pro quo with the US to limit a multi-billion tax probe against Swiss
banking group UBS.[191]
In December
2009 it was listed that since 2002 more than 550 detainees had departed
Guantánamo Bay for other destinations, including Albania, Algeria,
Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Bermuda, Chad, Denmark,
Egypt, France, Hungary, Iran, Iraq, Ireland, Italy, Jordan, Kuwait, Libya,
Maldives, Mauritania, Morocco, Pakistan, Palau, Portugal, Russia, Saudi
Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and
Yemen.
The Guantanamo Review Task Force issued a
Final Report January 22, 2010,[192] but did not publicly release
it until May 28, 2010.[193] The report recommended
releasing 126 current detainees to their homes or to a third country, 36 be
prosecuted in either federal court or a military commission, and 48 be held
indefinitely under the laws of war.[194] In addition, 30 Yemenis were
approved for release if security conditions in their home country improve.[193]
Amnesty International protests the
detentions using a mock cell and prison outfits
European Union members and the Organization of American States, as well
as non-governmental organizations such as Amnesty International and Human Rights Watch, have protested the
legal status and physical condition of detainees at Guantánamo. The human rights organization Human Rights Watch has criticized the
Bush administration over this designation in its 2003 world report, stating:
"Washington has ignored human rights
standards in its own treatment of terrorism suspects. It has refused to apply
the Geneva Conventions to prisoners of war from Afghanistan, and has misused
the designation of 'illegal combatant' to apply to criminal suspects on U.S.
soil." On May 25, 2005, Amnesty International released its annual report
calling the facility the "gulag of our times."[195][196] Lord Steyn called
it "a monstrous failure of justice," because "... The military
will act as interrogators, prosecutors and defense counsel, judges, and when
death sentences are imposed, as executioners. The trials will be held in
private. None of the guarantees of a fair trial need be observed."[197]
Another
senior British Judge, Justice Collins, said of the detention centre: "America's idea of what is torture is not
the same as the United Kingdom's."[198] At the beginning of December
2003, there were media reports that military lawyers appointed to defend
alleged terrorists being held by the United States at Guantánamo Bay
had expressed concern about the legal process for military commissions. The Guardian newspaper
from the United Kingdom[199] reported that a team of
lawyers was dismissed after complaining that the rules for the forthcoming
military commissions prohibited them from properly representing their
clients. New York's Vanity Fair reported that some of
the lawyers felt their ethical obligations were being violated by the
process. The Pentagon strongly denied the claims in these media reports. It
was reported on May 5, 2007, that many lawyers were sent back and some
detainees refuse to see their lawyers, while others decline mail from their
lawyers or refuse to provide them information on their cases.[200]
The New York Times and other newspapers are critical of the camp; columnist Thomas Friedman urged George W. Bush to
"just shut it down", calling Camp Delta "... worse than an
embarrassment."[201] Another New York
Times editorial supported Friedman's proposal, arguing
that Guantánamo is part of "... a chain of shadowy detention
camps that includes Abu Ghraib in Iraq, the military prison at
Bagram Air Base in Afghanistan and other
secret locations run by the intelligence agencies" that are "part
of a tightly linked global detention system with no accountability in law."[202]
In November
2005, a group of experts from the United Nations Commission on Human Rights
called off their visit to Camp Delta, originally scheduled for December 6,
saying that the United States was not allowing them to conduct private
interviews with the prisoners. "Since the Americans have not accepted
the minimum requirements for such a visit, we must cancel [it]," Manfred Nowak, the UN envoy in charge of
investigating torture allegations around the world, told AFP. The group,
nevertheless, stated its intention to write a report on conditions at the
prison based on eyewitness accounts from released detainees, meetings with
lawyers and information from human rights groups.[203][204]
In February
2006, the UN group released its report, which called on the U.S. either to
try or release all suspected terrorists. The report, issued by the Working Group on Arbitrary Detention,
has the subtitle Situation of detainees at Guantánamo Bay.
This includes, as an appendix, the U.S. ambassador's reply to the draft
versions of the report in which he restates the U.S. government's position on
the detainees.[205]
European
leaders have also voiced their opposition to the internment center. On January 13, 2006, German Chancellor Angela Merkel criticized the U.S.
detention of prisoners at Guantánamo Bay: "An institution like
Guantánamo, in its present form, cannot and must not exist in the long
term. We must find different ways of dealing with prisoners. As far as I'm
concerned, there's no question about that," she declared in a January 9
interview to Der Spiegel.[206][dead link][207] Meanwhile in the UK, Peter Hain, the Secretary of State for Northern Ireland,
stated during a live broadcast of Question Time (February 16, 2006)
that: "I would prefer that it wasn't there and I would prefer it was
closed." His cabinet colleague and Former Prime Minister of the United Kingdom, Tony Blair, declared the following day
that the centre was "an anomaly and sooner or
later it's got to be dealt with."[208]
On March
10, 2006, a letter in The Lancet was published, signed by
more than 250 medical experts urging the United States to stop force-feeding
of detainees and close down the prison. Force-feeding is specifically
prohibited by the World Medical Association force-feeding
declarations of Tokyo and Malta, to which the American Medical Association is a
signatory. Dr David Nicholl who had initiated the
letter stated that the definition of torture as only actions that cause
"death or major organ failure" was "not a
definition anyone on the planet is using."[209][210]
There has
also been significant criticism from Arab leaders: on May 6, 2005, prominent
Kuwaiti parliamentarian Waleed Al Tabtabaie demanded that
U.S. President Bush "uncover what is going on inside
Guantánamo," allow family visits to the hundreds of Muslim
detainees there, and allow an independent investigation of detention conditions.[211]
In May
2006, the Attorney General for England and Wales Lord Goldsmith said the camp's existence
was "unacceptable" and tarnished the U.S. traditions of liberty and
justice. "The historic tradition of the United States as a beacon of
freedom, liberty and of justice deserves the removal of this symbol," he
said.[212] Also in May 2006, the UN Committee Against Torture condemned
prisoners' treatment at Guantánamo Bay, noted that indefinite detention constitutes per se
a violation of the UN Convention Against Torture, and
called on the U.S. to shut down the Guantánamo facility.[213][214] In June 2006, the European Parliament voted overwhelmingly
in support of a motion urging the United States to close the camp.[215]
In June
2006, U.S. Senator Arlen Specter stated that the arrests of
most of the roughly 500 prisoners held there were based on "the
flimsiest sort of hearsay."[216] In September 2006, the UK's Lord Chancellor, Lord Falconer, who heads the UK's legal
system, went further than previous British government statements, condemning
the existence of the camp as a "shocking affront to democracy."
Lord Falconer, who said he was expressing Government policy, made the
comments in a lecture at the Supreme Court of New South Wales.[217] According to former U.S. Secretary of State Colin Powell: "Essentially, we have
shaken the belief the world had in America's justice system by keeping a
place like Guantánamo open and creating things like the military
commission. We don't need it and it is causing us far more damage than any
good we get for it."[218]
A pair of
Canadian demonstrators in 2008.
In March
2007, a group of British Parliamentarians formed an All-party parliamentary group to
campaign against Guantánamo Bay.[219] The group is made up of Members of Parliament and peers from each of the main British
political parties, and is chaired by Sarah Teather with Des Turner and Richard Shepherd acting as Vice Chairs.
The Group was launched with an Ambassadors' Reception in the House of Commons, bringing together a
large group of lawyers, non-governmental organizations and
governments with an interest in seeing the camp closed. On April 26, 2007,
there was a debate in the United States Senate over the detainees
at Guantánamo Bay that ended in a draw, with Democrats urging action on the
prisoners' behalf but running into stiff opposition from Republicans.[220]
Some
visitors to Guantánamo have expressed more positive views on the camp.
Alain Grignard, who visited Gitmo in 2006, objected to the detainees' legal status
but declared that "it is a model prison, where people are better treated
than in Belgian prisons."[221] Grignard, then deputy head
of Brussels' federal police anti-terrorism unit, served as expert on a trip
by a group of lawmakers from the assembly of the Organisation for Security and Cooperation in Europe
(OSCE). "I know no Belgian prison where each inmate receives its Muslim
kit," Mr Grignard said.
According
to polls conducted by the Program on International Policy (PIP) attitudes,
"Large majorities in Germany and Great Britain, and pluralities in Poland and India, believe the United States has
committed violations of international law at its prison on
Guantánamo Bay in Cuba, including the use of torture in interrogations." PIP found a marked
decrease in the perception of the U.S. as a leader of human rights as a
result of the international community's opposition to the Guantánamo
prison.[222] A 2006 poll conducted by the
BBC World Service together with GlobeScan in 26 countries found that 69%
of respondents disapprove of the Guantánamo prison and the U.S.
treatment of detainees.[223] American actions in
Guantánamo, coupled with the Abu Ghraib torture and prisoner abuse
scandal, are considered major factors in the decline of the U.S.'s image
abroad.[224]
Michael Lehnert, who as a U.S. Marine Brigadier General helped
establish the center and was its first commander for 90 days, has stated that was dismayed at what happened after he was replaced
by a U.S. Army commander. Lehnert stated that he
had ensured that the detainees would be treated humanely and was disappointed
that his successors allowed harsh interrogations to take place. Said Lehnert, "I think we lost the moral high ground. For
those who do not think much of the moral high ground, that is not that
significant. But for those who think our standing in the international
community is important, we need to stand for American values. You have to
walk the walk, talk the talk."[225]
In a
foreword[226] to Amnesty International's International
Report 2005,[227] the Secretary General, Irene Khan, made a passing reference to
the Guantánamo Bay prison as "the gulag of our times," breaking an
internal AI policy on not comparing different human rights abuses. The report
reflected ongoing claims of prisoner abuse at Guantánamo and other
military prisons.[228][229][230]
In a
February 2012 poll, under President Obama's leadership, 70% of Americans (53%
liberal Democrats and 67% moderate or conservative Democrats) replied they
approve the continued operation of Guantanamo.[231]
During his
2008 Presidential campaign, Barack Obama described Guantánamo
as a "sad chapter in American history" and promised to close down
the prison in 2009. After being elected, Obama reiterated his campaign
promise on 60 Minutes and the ABC program "This Week."[232]
On January
22, 2009, President Obama stated that he ordered the government to suspend
prosecutions of Guantánamo Bay detainees for 120 days to review all
the detainees' cases to determine whether and how each detainee should be
prosecuted. A day later, Obama signed an executive order stating that
Guantánamo Detention Camp would be closed within the year.[233] His plan encountered a
setback, however, when incoming officials of his administration discovered
that there were no comprehensive files concerning many of the detainees, so
that merely assembling the available evidence about them could take weeks or
months.[234] In May, Obama announced that
the prosecutions would be revived.[235] In November 2009, President
Obama admitted that the "specific deadline" he had set for closure
of the Guantánamo Bay camp would be "missed." He said the
camp would probably be closed later in 2010, but did not set a specific
deadline.[236][237]
Carol Rosenberg, writing in The Miami Herald, reports that the
camps will not be immediately dismantled, when the captives are released or
transferred, due to ongoing cases alleging abuse of captives.[238]
In 2009 the
U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, and the Standish Maximum Correctional Facility
in Standish, Michigan, were being considered
as the United States site for more than 220 prisoners. Kansas public
officials including both of its senators and governor have objected.[239] However many in Standish
where the unemployment rate is 17% are reported to be welcoming the move.[240]
However,
President Barack Obama issued a Presidential Memorandum dated December
15, 2009, formally closing the detention center and ordering the transfer of
prisoners to the Thomson Correctional Center, Thomson, Illinois.[13] Attorney Marc Falkoff, who represents some of the Yemeni detainees, said that his clients
might prefer to remain in Guantánamo rather than move into the more
stark conditions at Thomson.[241]
The Guantanamo Review Task Force issued a
Final Report January 22, 2010,[192] but did not publicly release
it until May 28, 2010.[193] The report recommended
releasing 126 current detainees to their homes or to a third country, 36 be
prosecuted in either federal court or a military commission, and 48 be held
indefinitely under the laws of war.[194] In addition, 30 Yemenis were
approved for release if security conditions in their home country improve.[193]
On January
7, 2011, President Obama signed the 2011 Defense Authorization Bill which
contains provisions that place restrictions on the transfer of
Guantánamo prisoners to the mainland or to other foreign countries,
thus impeding the closure of the detention facility. However he strongly
objected to the clauses and stated that he would work with Congress to oppose
the measures.[16] Regarding the provisions preventing
the transfer of Guantánamo prisoners to the mainland Obama wrote in a
statement that the “prosecution of terrorists in Federal court is a
powerful tool in our efforts to protect the Nation and must be among the
options available to us. Any attempt to deprive the executive branch of that
tool undermines our Nation's counterterrorism efforts and has the potential
to harm our national security.”[242] Furthermore he wrote
regarding the provisions preventing the transfer of Guantánamo
prisoners to other foreign countries that requiring “the executive
branch to certify to additional conditions would hinder the conduct of
delicate negotiations with foreign countries and therefore the effort to
conclude detainee transfers in accord with our national security.”[242] The 2011 Defense Authorization
Bill additionally prohibits “the use of funds to modify or construct
facilities in the United States to house detainees transferred from United
States Naval Station, Guantánamo Bay, Cuba.”[243][244] Obama signed the 2011
Defense Authorization Bill, but nevertheless the Obama administration
"will work with the Congress to seek repeal of these restrictions, will
seek to mitigate their effects, and will oppose any attempt to extend or
expand them in the future," the president's statement said.[245]
On March 7,
2011 President Obama has given the green light to resume military trials, conducted
by military officers, with a military judge presiding, of terror suspects
detained at Guantánamo Bay.[246] He also signed an executive
order that moved to set into law the already existing practice on
Guantánamo of holding detainees indefinitely without charge.[247][248] Comments regarding this
executive says it’s a progress regarding detainee’s rights but
the problem with the order is the president’s decision to formalize the
system of indefinite detention.[249][250][251][252] Regarding the law H.R. 1473,
the "Department of Defense and Full-Year Continuing Appropriations Act,
2011” which “bars the use of funds for the remainder of fiscal
year 2011 to transfer Guantanamo detainees into the United States” and
which “bars the use of funds for the remainder of fiscal year 2011 to
transfer detainees to the custody or effective control of foreign countries
unless specified conditions are met.” the Obama Administration stated
on April 15, 2011, that it “will work with the Congress to seek repeal
of these restrictions, will seek to mitigate their effects, and will oppose
any attempt to extend or expand them in the future.”[253]
In an
online New York Times Op Ed called “Guantánamo Forever?”,
published on December 12, 2011 by retired United States Marine Corps Generals
Charles C. Krulak and Joseph P. Hoar, both generals said that
a provision of the National Defense Authorization Act for Fiscal Year 2012
“would further extend a ban on transfers from Guantánamo,
ensuring that this morally and financially expensive symbol of detainee abuse
will remain open well into the future. Not only would this bolster Al Qaeda’s
recruiting efforts, it also would make it nearly impossible to transfer 88
men (of the 171 held there) who have been cleared for release.” Both
Generals concluded their assessment by saying that “We should be moving
to shut Guantánamo, not extend it.”[254][255] On December 31 after signing
the National Defense Authorization Act for Fiscal Year 2012 into law,
President Obama voiced his concerns regarding certain provisions and said
"My Administration will aggressively seek to mitigate those concerns
through the design of implementation procedures and other authorities
available to me as Chief Executive and Commander in Chief, will oppose any
attempt to extend or expand them in the future, and will seek the repeal of
any provisions that undermine the policies and values that have guided my Administration
throughout my time in office."[256]
·
Harold & Kumar Escape from Guantanamo Bay, 2008 comedy film
·
The Road to Guantánamo, 2006 film about the Tipton Three
·
Guantanamo - American Officer Tortures Prisoners and
Murders Investigator in an Iranian TV Drama, 2006 Iranian drama shown on Al-Kawthar TV and noted by the Middle East Media Research Institute
·
Camp Delta, Guantanamo 2006, France culture.com, April 30, 2006—a radio feature by Frank Smith.
·
Five Years
of My Life: An Innocent Man in Guantanamo, a memoir by Murat Kurnaz.
·
Frontline: The Torture Question (2005), a PBS documentary that traces the history
of how decisions made in Washington in the immediate aftermath of September
11 led to a robust interrogation policy that laid the groundwork for prisoner
abuse in Afghanistan, Guantánamo Bay,
Cuba, and Iraq's Abu Ghraib prison.[257]
·
Gitmo – The New Rules of War,
an award winning Swedish documentary by Erik Gandini and Tarik
Saleh/ATMO, raises some of the issues concerning the nature of the
interrogation processes, through interviews with previous Guantánamo
and Abu Ghraib personnel. It has won several awards including 1st
prize-Seattle International Film Festival ’06
·
Habeas Schmabeas, an episode of the radio program This American Life produced by Chicago Public Radio, discussed the
conditions at the facility, the legal justifications and arguments
surrounding the detention of prisoners there, and the history of the
principle of Habeas Corpus. It also features
interviews with two former detainees. The episode won a 2006 Peabody Award.[258]
·
Prisoner 345 (2006) details the case of Al Jazeera cameraman Sami Al Hajj, detained at the camp since
2002.
·
Taxi to the Dark Side (2007) gives an in-depth look at the torture practices, focusing on an
innocent taxi driver in Afghanistan who
was tortured and killed in 2002.
·
GITMO: Inside the Wire (2008) an
hour-long documentary by film-maker David Miller and journalist Yvonne Ridley
after the two were given unprecedented access to the camp in May 2008. It has
won several awards including a nomination at the Roma TV Festival in 2009
·
Prisonnier à Guantanamo (2008) Mollah Abdul Salam Zaeef and Jean-Michel Caradec'h. Paris. France.
EDGV/Documents. ISBN 978-2-84267-945-3. Memoirs of the
ex-ambassador of Taliban government in Pakistan.
·
New York (2009) ,an Indian movie about an American Muslim of
Indian origin being detained at the U.S.
prison.
·
Outside The Law: Stories From Guantánamo (2009) a British documentary, featuring interviews with previous Guantánamo
detainees, a former U.S. Military Chaplain at Guantánamo Bay and human
rights organisations such as Cageprisoners
Ltd.
·
A Base de
Guantanamo (The Guantánamo Bay) is the Sixth song of the 2009 album Zii e Zie by Caetano Veloso
·
Protest Against Obama Guantanamo Policy The Real News (video) - January 16, 2011
·
Paradise Camp
·
Baghdad Central Prison - 2003
·
Bagram Theater Internment Facility
·
Bagram torture and prisoner abuse
·
Belmarsh Prison—One of the UK's
maximum security prisons, which was used to hold prisoners without charge or
trial in the UK (many are wanted or convicted of terrorism in other
countries) as recently as 2006; leading it to be referred to as the
"British version of Guantánamo Bay"
·
Camp Delta Standard Operating Procedures
(.pdf file) protocol of the U.S. Army at
the Guantánamo Bay detention camp that was released by Wikileaks
·
Cellular Jail—A prison owned by
the UK that was set up in 1906 for similar purposes as Guantánamo Bay;
imprisoning Indian fighters in the Indian independence movement at that
time
·
Civilian Internee
·
Dental care of Guantanamo Bay detainees
·
Disarmed Enemy Forces
·
Guantánamo Bay files leak
·
Internment
·
Lists of released Guantanamo prisoners who allegedly
returned to battle
·
Military Police: Enemy Prisoners of War, Retained
Personnel, Civilian Internees and Other Detainees
·
Nuremberg Principles
·
Custody and the Stammheim trial (Red Army Faction)
·
Communication Management Unit so called
"little Guantánamos"
1.
^ Afghan Prisoners Going to Gray Area: Military Unsure What
Follows Transfer to U.S. Base in Cuba, Washington Post, January 9, 2002
2.
^ Guantanamo Bay prisoners plant seeds of hope in secret
garden, The Independent, April 29, 2006 -- mirror
3.
^ Alberto J. Mora (July 7, 2004). "Statement for the record: Office of General Counsel
involvement in interrogation issues". United States Navy. http://www.aclu.org/safefree/torture/29228res20040707.html. Retrieved 2007-05-27.
4.
^ "Hamdan v. Rumsfeld" (PDF).
June 29 2006. http://www.supremecourt.gov/opinions/05pdf/05-184.pdf. Retrieved 2007-02-10.
5.
^ "US detainees to get Geneva rights".
BBC. 2006-07-11. http://news.bbc.co.uk/2/hi/americas/5169600.stm. Retrieved January 5, 2010.
6. ^ "White House: Detainees entitled to Geneva Convention
protections". CNN. 2006-07-11. http://www.cnn.com/2006/POLITICS/07/11/congress.guantanamo.ap/. [dead link]
7.
^ "White House Changes Gitmo Policy".
CBS News. 2006-07-11. http://www.cbsnews.com/stories/2006/07/11/politics/main1790470.shtml.
8.
^ Bob Woodward (January 14, 2009). "Guantanamo Detainee Was Tortured, Says Official
Overseeing Military Trials". The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011303372.html?hpid=topnews.
9.
^ Mazzetti, Mark; Glaberson, William (2009-01-21). "Obama Issues Directive to Shut Down
Guantánamo". NY Times. http://www.nytimes.com/2009/01/22/us/politics/22gitmo.html. Retrieved May 4, 2010.
10.
^ "Closure Of Guantanamo Detention Facilities".
Whitehouse.gov. 2009-01-22. http://www.whitehouse.gov/the_press_office/ClosureOfGuantanamoDetentionFacilities/. Retrieved 2009-01-27.
11. ^ "Judge rejects Obama bid to stall trial".
NZ Herald - AP. 2009-01-29. http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10554318. Retrieved 2009-02-07. [dead link]
12. ^ Taylor, Andrew (2009-05-20). "Senate votes to block funds for Guantanamo
closure". Associated Press. Archived from the original on 2009-08-30. http://www.webcitation.org/5jPWyaCDq. Retrieved 2009-08-30.
13.
^ a b "Presidential Memorandum-Closure of Dentention
Facilities at the Guantanamo Bay Naval Base".
Whitehouse.gov. 2009-12-15. http://www.whitehouse.gov/the-press-office/presidential-memorandum-closure-dentention-facilities-guantanamo-bay-naval-base. Retrieved 2011-12-20.
14.
^ "Final Report of the Guantanamo Review Task Force (vid.
p.ii.)". United States Department of Justice. http://www.justice.gov/ag/guantanamo-review-final-report.pdf. Retrieved 13 January 2011.
15.
^ Elsea, JK (2010). "Enemy Combatant Detainees: Habeas Corpus Challenges
in Federal Court". Federation of American Scientists. http://www.fas.org/sgp/crs/natsec/RL33180.pdf. Retrieved 13 January 2011.
16.
^ a b "Obama signs Defense authorization bill".
Federal News Radio. Jan 7, 2011. http://federalnewsradio.com/?sid=2226350&nid=35. Retrieved 2011-01-10.
17.
^ Stewart, Phil (2011-02-17). "Chances of closing Guantanamo jail very low".
Reuters. http://www.reuters.com/article/2011/02/17/us-usa-guantanamo-idUSTRE71G4NG20110217. Retrieved 2011-02-19.
18.
^ Norton-Taylor, Richard; Goldenberg, Suzanne (17 February
2006). "Judge's anger at US torture".
The Guardian (London). http://www.guardian.co.uk/uk/2006/feb/17/politics.world. Retrieved 26 January 2011.
19.
^ Leigh, David; Ball, James; Burke, Jason (25 April 2011). "Guantánamo files lift lid on world's most
controversial prison". The Guardian (UK). http://www.guardian.co.uk/world/2011/apr/25/guantanamo-files-lift-lid-prison. Retrieved 25 April 2011.
20.
^ Rosenberg, Carol (2012-02-02). "Defenders seek 9/11 trial delay, blame Guantánamo
legal mail dispute". Miami Herald. http://www.miamiherald.com/2012/02/02/2621667/defenders-seek-another-911-trial.html. Retrieved 2012-02-05.
21.
^ Stafford Smith, Clive (2008). Bad Men. United Kingdom:
Phoenix. ISBN 978-0-7538-2352-1.
22. ^ AP confirms secret camp inside Gitmo - Yahoo! News[dead link]
23. ^ "About - The Guantánamo Docket".
The New York Times. http://projects.nytimes.com/guantanamo/about.
24.
^ Gray, Kevin (May 19, 2011). "Afghan prisoner at Guantanamo dies in apparent
suicide". Reuters.
http://www.reuters.com/article/2011/05/19/us-usa-guantanamo-death-idUSTRE74I04I20110519.
25.
^ Stein, Jeff (2011-03-03). "Rumsfeld complained of 'low level' GTMO prisoners,
memo reveals". The Washington Post (The Washington Post Company). http://voices.washingtonpost.com/spy-talk/2011/03/rumsfeld_complained_of_low_lev.html. Retrieved 2011-03-05.
26. ^ "The war on teen terror: The Bush administration's
treatment of juvenile prisoners shipped to Guantánamo Bay defies logic
as well as international law.", by Jo Becker, Human Rights Watch, Salon.com, June 24, 2008
27. ^ "Eight More Guantánamo Detainees Released or
Transferred". International Information Programs. July
20 2005. http://www.america.gov/st/washfile-english/2005/July/20050720174600adynned0.488476.html. Retrieved 2006-03-15.
28. ^ Faces of GuantanamoPDF (409 KB)
29.
^ These people
include Khalid Sheik Mohammed, believed to be
the No. 3 al-Qaeda leader before he was captured
in Pakistan in 2003; Ramzi bin al-Shibh, an alleged would-be
September 11, 2001, hijacker; and Abu Zubaydah, who was believed to be a
link between Osama bin Laden and many al-Qaeda cells
before he was also captured in Pakistan, in March 2002.
30. ^ "Bush admits to CIA secret prisons".
BBC. September 7, 2006. http://news.bbc.co.uk/2/hi/americas/5321606.stm. Retrieved 2007-08-17.
31. ^ Sen. Frist: Trials for Gitmo Terror Suspects,
NewsMax Media, September 11, 2006]
32. ^ "Open Secret: Mounting Evidence of Europe’s
complicity in Rendition and secret detention". Amnesty International. http://www.amnesty.org.uk/uploads/documents/doc_21023.pdf. Retrieved 19 January 2011.
33.
^ Tran, Mark (17 January 2011). "WikiLeaks cables: Turkey let US use airbase for
rendition flights". The Guardian (London). http://www.guardian.co.uk/world/2011/jan/17/wikileaks-cables-turkey-rendition-flights. Retrieved 19 January 2011.
34.
^ "Guantánamo 9/11 suspects on trial".
BBC News (BBC). June 8, 2008. http://news.bbc.co.uk/2/hi/americas/7437164.stm. Retrieved 2008-12-14.
35.
^ "U.S. drops Guantanamo charges per Obama order".
Reuters. February 6, 2009. http://www.reuters.com/article/domesticNews/idUSTRE5150IL20090206.
36.
^ Sutton, Jane (August 2, 2008). "U.S. mulls what to do with any Guantánamo
convict". Uk.reuters.com.
http://uk.reuters.com/article/topNews/idUKNASU8020120080802?sp=true. Retrieved 2011-12-20.
37.
^ "Guilty plea deal could allow David Hicks to come
straight home - National". Smh.com.au. March 3, 2007. http://www.smh.com.au/news/national/guilty-plea-deal-could-allow-david-hicks-to-come-straight-home/2007/03/02/1172338885123.html?page=2. Retrieved 2009-01-27.
38. ^ Bin Laden's Driver Released from Guantánamo Bay
39. ^ Reid, Tim (April 9, 2010). "George W. Bush 'knew Guantánamo prisoners
were innocent'". The Times (London). http://www.timesonline.co.uk/tol/news/world/us_and_americas/article7092435.ece. Retrieved 2010-04-11
40.
^ Wilkerson, Lawrence (March 24, 2010). "DECLARATION OF COLONEL LAWRENCE B. WILKERSON
(RET.)" (PDF). Truthout. http://www.truthout.org/files/Wilkerson.pdf.
41.
^ "Geneva Convention relative to the Treatment of
Prisoners of War". October 21, 1950. http://www.unhchr.ch/html/menu3/b/91.htm.
42.
^ "Washington Debates Application Of Geneva
Conventions". http://www.rferl.org/featuresarticle/2006/07/5c0f1759-9bd0-4cdb-92c4-afb306a870dc.html.
43.
^ Monbiot, George (March 24, 2003). One rule for them. http://www.guardian.co.uk/world/2003/mar/25/usa.comment.
44. ^ a b In re Guantanamo
Detainee Cases, 355 F.Supp.2d 443 (D.D.C. 2005).
45. ^ "Guantánamo Bay - a human rights scandal".
Amnesty International. Archived from the original on February 6, 2006. http://web.archive.org/web/20060206065717/http://web.amnesty.org/pages/guantanamobay-index-eng. Retrieved 2006-03-15.
46.
^ Dan Eggen, Josh White (May 26, 2005). "Inmates Alleged Koran Abuse: FBI Papers Cite
Complaints as Early as 2002". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2005/05/25/AR2005052501395.html. Retrieved 2007-04-16.
47.
^ Dan Eggen (January 3, 2007). "FBI Reports Duct-Taping, 'Baptizing' at
Guantanamo". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2007/01/02/AR2007010201219.html?nav=rss_nation/nationalsecurity. Retrieved 2007-04-16.
48.
^ Betty Ann Bowser (June 3, 2005). "Allegations of abuse". PBS Newshour. http://www.pbs.org/newshour/bb/military/jan-june05/gitmo_6-3.html. Retrieved 2007-04-16.
49.
^ "'Religious abuse' at Guantanamo".
BBC. February 10, 2005. http://news.bbc.co.uk/2/hi/americas/4255559.stm. Retrieved 2007-04-16.
50.
^ "US Guantanamo guard kicked Koran".
BBC. June 4, 2005. http://news.bbc.co.uk/2/hi/americas/4608949.stm. Retrieved 2007-04-16.
51.
^ "RECENT NEWS: "guantanamo bay detainees
abuse"". The Jurist.
http://jurist.law.pitt.edu/jurist_search.php?q=guantanamo%20bay%20detainees%20abuse. Retrieved 2007-04-16.
52. ^ Factors for and against the continued detention (.pdf),
of Mesut Sen Administrative Review Board, January
25, 2005 - page 1
53.
^ In court
filings made public in January 2007, Federal Bureau of Investigation (FBI)
agents reported that they observed a few detainees at Guantanamo Bay who
were: chained in a fetal position on the floor; subjected
to extremes of temperature; one was gagged with duct tape; one was rubbing his legs a
possible result of being held in a stress position while shackled; one was
shackled in a baseball catcher's position; and subjected to loud music and
flashing floodlights for more than twenty four hours in a bare six foot by
eight foot cell. One Boston agent reported that she observed two incidents
that she described as, "personally very upsetting to me," of two
detainees chained in a fetal position between 18 to 24 hours that had
urinated and defecated on themselves. Former Turkish-German Guantanamo bay prisoner Murat Kurnaz reports about systematic
torture there in his book "Five years of my life." (available in German language).
54.
^ FBI, FOIA documentPDF (5.25 MB)
55.
^ "Folter in Guantánamo?".
Frankfurter Allgemeine Zeitung. October 17 2004. http://www.faz.net/s/Rub28FC768942F34C5B8297CC6E16FFC8B4/Doc~E20DBFDA9778949E2A428464736F03979~ATpl~Ecommon~Scontent.html. [dead link]
56. ^ "Tipton three complain of beatings".
BBC News. March 14, 2004. http://news.bbc.co.uk/1/hi/uk/3509750.stm.
57.
^ Hyland, Julie (August 6 2004). "Britons release devastating account of torture and
abuse by U.S. forces at Guantanamo". World Socialist
Web Site. http://www.wsws.org/articles/2004/aug2004/guan-a06.shtml. Retrieved 2006-03-18.
58.
^ "UK: Medics condemn government over Guantánamo
in new letter". Amnesty.org.uk. 2006-09-18. http://www.amnesty.org.uk/news_details.asp?NewsID=17102. Retrieved 2011-12-20.
59.
^ "'Days of adverse hardship in U.S. detention camps -
Testimony of Guantánamo detainee Jumah al-Dossari'".
Amnesty International. December 6 2005. Archived from the original on February 22, 2006. http://web.archive.org/web/20060222212124/http://web.amnesty.org/library/index/ENGAMR511072005. Retrieved 2006-06-05.
60.
^ Leopold, Jason. "David Hicks' first interview details US torture
allegations". www.truthout.org. Independent
Australia. http://www.independentaustralia.net/2011/international/david-hicks-first-interview-details-us-torture-allegations/. Retrieved 12 Jan 2012.
61.
^ The allegations
were in transcripts the U.S. government released in compliance with a Freedom of Information lawsuit filed by
AP."404 error". The Guardian
(London). Archived from the original on December 30, 2005. http://web.archive.org/web/20051230045311/http://www.guardian.co.uk/worldlatest/story/0,1280,-5043187,00.html. Retrieved 2006-03-18.
62. ^ Mark Denbeaux et al., Report on Guantanamo detainees: A Profile of 517 DetaineesPDF (467 KB), Seton Hall University, February 8, 2006
63. ^ "Headlines for October 20, 2005".
Democracy Now!. http://www.democracynow.org/article.pl?sid=05/10/20/1410254. Retrieved 2006-03-18.
64.
^ "Guantanamo hunger strikers say U.S. misuses feeding
tubes". Xinhua.net. October 21 2005. http://news.xinhuanet.com/english/2005-10/21/content_3659142.htm. Retrieved 2006-03-18.
65.
^ "Guantanamo detainee pleads to die".
Aljazeera.net. October 26 2005. http://english.aljazeera.net/NR/exeres/236E5000-43EB-4DC3-9BC0-6C521563E5AC.htm. Retrieved 2006-03-18.
66.
^ "Invitation to UN Special Rapporteurs to Visit
Guantanamo Bay Detention Facilities". United States
Department of State. October 28 2005. Archived from the original on January 23, 2006. http://web.archive.org/web/20060123221300/http://www.state.gov/r/pa/prs/ps/2005/55756.htm. Retrieved 2006-03-18.
67.
^ wire services (October 29 2005). "U.S. invites U.N. experts to Guantanamo camp".
St. Petersburg Times. http://www.sptimes.com/2005/10/29/Worldandnation/US_invites_UN_experts.shtml. Retrieved 2006-03-18.
68.
^ "Guantanamo Visit Rules Set by U.S. Called
Unacceptable by UN". Bloomberg. October 31,
2005. http://www.bloomberg.com/apps/news?pid=10000103&sid=aUv39b7X7ToI&refer=us. Retrieved 2006-03-19.
69.
^ Colgan, Jill (October 30 2005). "Former army chaplain breaks silence over
Guantanamo". http://www.abc.net.au/correspondents/content/2005/s1493651.htm. Retrieved 2006-03-19.
70.
^ Preston, Julia (October 30, 2005). "Prisoner Says Abuse of His Islamic Books Preceded
Beating in '01". The New York Times. http://www.nytimes.com/2005/10/30/nyregion/30side.html. Retrieved 2006-03-19.
71.
^ "Doctors urge UK to intervene against Guantanamo
force-feeding". Archived from the original on January 16, 2006. http://web.archive.org/web/20060116135208/http://www.irna.ir/en/news/view/line-20/0510255203134342.htm. Retrieved 2006-03-19.
72.
^ "Judge rules on Guantanamo strike".
BBC News. October 27, 2005. http://news.bbc.co.uk/2/hi/americas/4380642.stm. Retrieved 2006-03-19.
73.
^ Akeel, Maha. "40 Saudis Likely to Be Freed From Guantanamo
Soon". Arab News. http://www.arabnews.com/?page=4§ion=0&article=72779&d=6&m=11&y=2005. Retrieved 2006-03-19.
74.
^ "Five Kuwaitis return from Guantanamo Bay".
People's Daily Online. http://english.people.com.cn/200511/05/eng20051105_219282.html. Retrieved 2006-03-19.
75.
^ "Three Bahrainees released from Guantanamo
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·
Esquire magazine (UK): Inside Guantanamo
·
Closing Guantanamo?, Council on Foreign Relations
·
Jenner and Block: U.S. Supreme Court Guantánamo Bay Cases:
Brief amici curiae of 175 Members of Both Houses of
Parliament of the United Kingdom of Great Britain and Northern IrelandPDF (1.59 MB)
·
The Guantanamo Files: The Stories of the 774 Detainees in
America's Illegal Prison by Andy Worthington (Pluto Press, 2007)
·
Adel's Anniversary: A Guantanamo Tale, JURIST
·
The Prisoner, NOW on PBS
·
Bill Dedman, Gitmo interrogations spark battle over tactics: The inside
story of criminal investigators who tried to stop abuse, msnbc.com
·
Fate of Prisoners From Afghan War Remains Uncertain,
Neil Lewis, New York Times, April 24, 2003
·
American Civil Liberties Union: Federal Court Decision
Granting Guantánamo Bay Detainees Judicial Review Caps Red-Letter Day
for Checks and Balances
·
Canada puts U.S. on torture watch list: CTV,
CTV News, January 17, 2008
·
supremecourt.gov, BOUMEDIENE ET AL. v. BUSH, PRESIDENT OF
THE UNITED STATES, ET AL., No. 06–1195, June 12, 2008
·
A Contrario:
Guantánamo Bay and Torture in the United States--A
modest collection of government documents, NGO reports, and news articles
pertaining to the Guantánamo detention system and the human rights
issues surrounding it
·
-- McClatchy Newspapers Guantanamo Detainees project with
video, interviews, court martial documents and database of names
·
The Evolution of Guantanamo Bay by
William L. Pfeifer, Jr.
·
Death in Camp Delta
·
Summary and Full Text of Executive Order 13492 from the
Global Legal Information Network
·
Human Rights First; Arbitrary Justice: Trial of Guantánamo and Bagram
Detainees in Afghanistan
·
Human
Rights First; Guantánamo by the Numbers (2010)
·
Talk by Liz Sevcenko "A Guantánamo Site of
Conscience? Remembering "Gitmo" long before—and long
after—9-11"
Coordinates: 19°54′8″N 75°5′56″W / 19.90222°N 75.09889°W / 19.90222;
-75.09889
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