Eleven years ago, on January 11, 2002, the Bush administration proudly presented to the world one of its major responses to the terrorist attacks of September 11, 2001 — a prison on the grounds of the US naval base in Guantánamo Bay, Cuba, designed to hold hundreds of men and boys seized in the “war on terror” that was declared in the wake of the attacks, where the prisoners were to be neither criminals not soldiers, but “enemy combatants” without any rights whatsoever.
The base was chosen because it was presumed to be beyond the reach of the US courts, and when the prisoners were deliberately excluded from the protections of the Geneva Conventions, in a directive issued by President Bush on February 7, 2002, it became a genuinely evil experiment, devoted to torture and other forms of coercion, indefinite detention without charge or trial, and the extraction of false statements from the prisoners that were then dressed up as evidence to justify holding them.
This was in spite of the fact that, for the most part, the prisoners knew nothing about Al-Qaeda or international terrorism, and were sold to US forces for bounty payments by their Afghan and Pakistani allies, or seized as a result of inept US intelligence. Many of the prisoners were living in Pakistan or visiting Pakistan, or were visiting Afghanistan as missionaries, humanitarian aid workers, refugees or economic migrants. Read the rest of this entry »
On Friday, as part of a court case, the Justice Department released the names of 55 of the 86 prisoners cleared for release from Guantánamo in 2009 by President Obama’s Guantánamo Review Task Force, which consisted of officials from key government departments and the intelligence agencies. The Task Force’s final report was issued in January 2010.
Until now, the government has always refused to release the names, hindering efforts by the prisoners’ lawyers — and other interested parties — to publicize their plight.
The rationale for this was explained by Ambassador Daniel Fried, the State Department’s Special Envoy for the Closure of the Guantánamo Bay Detention Facility, in June 2009, when he stated that “indiscriminate public disclosure of the decisions resulting from reviews by Guantánamo Review Task Force will impair the US Government’s ability effectively to repatriate and resettle Guantánamo detainees” under the executive order establishing a review of the prisoners’ cases, which was issued on President Obama’s second day in office in January 2009, at the same time that he promised to close Guantánamo within a year. Read the rest of this entry »
Getting out of Guantánamo is such a feat these days (with just three men released in the last 18 months) that it is remarkable that Ibrahim al-Qosi, a Sudanese prisoner who agreed to a plea deal at his war crimes trial in Guantánamo in July 2010, guaranteeing that he would be freed after two years, has been repatriated as promised. 168 prisoners now remain in Guantánamo.
With a typical disregard for the principle that a prisoner — any prisoner — must be freed when their sentence comes to an end, the US has maintained, since the “war on terror” began nearly 11 years ago, that prisoners at Guantánamo can continue to be held after their sentence has come to an end, and be returned to the general population as “enemy combatants,” even though President Bush failed to do this when he had the opportunity — with Salim Hamdan, a driver for Osama bin Laden who was freed after serving a five-month sentence handed down after his military trial in 2008.
A source with knowledge of al-Qosi’s case, who does not wish to be identified, told me that the Obama administration was unwilling to detain al-Qosi after his sentence came to an end, and I believe that one of the reasons that the President negotiated a waiver to the provisions in the National Defense Authorization Act, allowing him to bypass restrictions on releasing prisoners that were imposed by Congress, was to prevent Republicans from trying to force him to continue holding al-Qosi. Read the rest of this entry »
Last week, a major article in the New York Times painted a grim portrait of how President Obama has taken over from George W. Bush as the “commander in chief” of a “war on terror” that seems to have no end, and that not only appears to be counter-productive, but also, at heart, illegal.
Understandably, critics have been alarmed by the article’s revelations about a President who holds regular meetings to decide who should be on a “kill list” for drone strikes — in Pakistan, Yemen and Somalia — and who insists on approving the targets of drone raids, which is his primary method of dealing with the perceived terrorist threat, by “poring over terrorist suspects’ biographies on what one official calls the macabre ‘baseball cards’ of an unconventional war.”
As well as claiming the right to kill people (including US citizens) in drone attacks that seem very clearly to do away with notions of national sovereignty — and which therefore play into George W. Bush’s dreadful notion of the entire world as an endless battlefield — the Times article also noted that President Obama has also “embraced a disputed method for counting civilian casualties,” which “in effect counts all military-age males in a strike zone as combatants … unless there is explicit intelligence posthumously proving them innocent.” Read the rest of this entry »
Last Thursday, February 16, Umar Farouk Abdulmutallab, the so-called “underwear bomber,” received a life sentence in a courtroom in Detroit. Abdulmutallab, a Nigerian, had tried and failed to blow up a plane bound for Detroit on Christmas Day 2009, receiving serious burns when the bomb failed to detonate.
After he was apprehended, he was read his Miranda rights, and interrogated non-coercively by the FBI, but this was not acceptable to supporters of torture, who proceeded to demonstrate that a new phase of fearmongering and paranoia was opening up in what should, by then, have been the dying days of the “war on terror.”
In this new spirit of hysteria, the discovery that he had been recruited for his failed mission in Yemen led to a chorus of demands that no more Guantánamo prisoners should be released to Yemen — from Sen. Joe Lieberman (I-CT), Rep. Peter Hoekstra (R-Mich.), Rep. Peter King (R-NY), and even Bennie Thompson (D-Miss.), the Chairman of the House Homeland Security Committee, who told Politico, “In terms of sending more of them to return to Yemen, it would be a bit of a reach. I’d, at a minimum, say that whatever we were about to do we’d at least have to scrub it again from top to bottom.” Read the rest of this entry »
Before the terrorist attacks on September 11, 2001, there were only two ways of holding prisoners — either they were prisoners of war, protected by the Geneva Conventions, or they were criminal suspects, to be charged and subjected to federal court trials.
That all changed when the Bush administration threw out the Geneva Conventions, equated the Taliban with al-Qaeda, and decided to hold both soldiers and terror suspects as “illegal enemy combatants,” who could be imprisoned indefinitely without charge or trial, and with no rights whatsoever.
The Bush administration’s legal black hole lasted for two and a half years at Guantánamo, until, in Rasul v. Bush in June 2004, the Supreme Court took the unprecedented step of granting habeas corpus rights to prisoners seized in wartime, recognizing — and being appalled by — the fact that the administration had created a system of arbitrary, indefinite detention, and that there was no way out for anyone who, like many of the prisoners, said that they had been seized by mistake. Read the rest of this entry »
“Some issues,” the New York Times declared in an editorial on June 25, “require an unwavering stand. Preserving the role of law enforcement agencies in stopping and punishing terrorists is one of them. This country is not and should never be a place where the military dispenses justice, other than to its own.”
Fine words, indeed, although the Times itself has, over the last ten years, in common with most, if not all of the American establishment, failed to thoroughly and repeatedly condemn efforts, first by George W. Bush, and then by the Obama administration, to hold military trials for the mixed bag of soldiers and terrorist suspects held at Guantánamo.
This is where the rot set in, for which everyone in a position of authority, whether in politics or the media, bears responsibility. However, the failure to stem the poison flowing from this wound to the established order — in which terrorists are criminals, and soldiers are not terrorists — has led to an outrageous situation in which lawmakers (both Republicans and Democrats) have decided that the aberrations introduced by the Bush administration, which should, by now, have been thoroughly discredited, were, instead, just the first steps in the creation of an all-encompassing military state.
In this dystopian future, coming to America within months, if lawmakers are successful, anyone regarded as a terrorist must be held in military detention, where, it is planned, they may be subjected to abuse with impunity, and, if required, held forever without a trial and without any rights. Read the rest of this entry »
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