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TechnoratiOur Shameful Guantánamo Anniversary
Today, America's Guantánamo era enters its seventh shameful year. If we are ever to regain our standing as a nation committed to the rule of law and fundamental human rights, we must close the detention facility at Guantánamo Bay now, reaffirm our commitment to international treaties and our own Constitution, and either release or prosecute fairly the men who have been held so long in a legal and moral black hole.
Six long years ago, the first orange-clad, shackled and blindfolded prisoners arrived at Guantánamo's Camp X-Ray. The Bush administration's plan was to fashion Guantánamo quite literally as an island outside the law -- a place with no lawyers, no rights and, above all, no public scrutiny. The administration labeled the men imprisoned at Guantánamo "illegal enemy combatants" who were to be held until the "cessation of hostilities" in the "war on terror" -- in other words, forever. Such "quaint" notions as the Geneva Conventions and the constitutional "Great Writ" of habeas corpus were swiftly discarded because the men at Guantánamo were uniformly, in former Defense Secretary Donald Rumsfeld's words, "among the most dangerous, best trained vicious killers on the face of the earth." President Bush, somewhat more prosaically, assured the world that the Guantánamo prisoners were "bad people."
Make no mistake: There were, and are, innocent people imprisoned at Guantánamo. Brig. Gen. Jay Hood, who was Guantánamo's commander for several years, candidly acknowledged in the Wall Street Journal: "Sometimes, we just didn't get the right folks." And we now know that only a small percentage of the many hundreds of men and boys who have been held at Guantánamo were captured on a battlefield fighting against Americans; far more were sold into captivity by tribal warlords for substantial bounties.
But the appalling fact that innocent men have been imprisoned and abused at Guantánamo is not the only reason why its closure is of such urgent importance. The most profound and enduring stain of Guantánamo is its corrosive effect on America's reputation and standing, and on respect for the rule of law worldwide. Repressive regimes have cited America's example to defend their abysmal human rights practices; for instance, Malaysia's law minister insisted that his country's practice of detaining suspects without trial was "just like Guantánamo Bay." Will future enemies make the same claim to defend the detention and torture of our own men and women in uniform? Such concerns have led former Secretary of State Colin Powell and other former military officers to call for Guantánamo's closure. "Not tomorrow, but this afternoon. I'd close it," Powell has said.
In truth, Guantánamo has demolished America's moral standing because the government chose to abandon our time-tested criminal justice system. In its place, they've erected a new regime of military commissions that permits -- according to recent congressional testimony by the Pentagon general who oversees it -- evidence obtained through torture, including the brutal practice of waterboarding.
I traveled to Guantánamo Bay to witness the very first military commission proceedings in August of 2004. More than three years later, this system has produced a single conviction: a guilty plea by Australian David Hicks that resulted in a nine-month incarceration in Australia, where Hicks is now a free man. Meanwhile, several terrorism suspects who were prosecuted in U.S. courts have received lengthy prison sentences. It is small wonder that the chief prosecutor for the commissions recently resigned in disgust, disparaging the system as "deeply politicized."
There is no reason why the prison at Guantánamo Bay should remain open even one day longer. The men who are held there should either be prosecuted in fair proceedings that accord with our own values and legal traditions, or sent to their home countries or countries that will accept them as refugees where they will be safe from torture and abuse. Although long overdue, the first step in restoring the rule of law is clear -- close Guantánamo now.
--Anthony D. Romero
Copyright ©2008 Salon Media Group, Inc.
17 Comments so far
Show AllI am ashamed.
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1st Shirt January 12th, 2008 4:21 pm
No matter how you try to avoid it, it is still wrong to lock up people with no recourse to defend themselves on the simple say so of someone who is turning them over for a substantial cash reward. The opportunity for abuse of the system should be obvious to anyone. Again I will repeat myself and reiterate the fact that that is why we have a Constitution and a Bill of Rights. To keep that type of thing from happening, although it hasn't even for American citizens such as Jose Padilla who was locked up for 3 and 1/2 years in a Navy brig. Held for that time in isolation, with no charges filed, and no access to the legal system. In the end he never was tried on the charges that the Government initially locked him up for.
Lobo Gris
Lobo Gris writes "There is a reason why we have a Constitution, and guaranteed civil liberties through the Bill of Rights in this country. To prevent the exact or simular scenario from happening here."
That is the problem, granting our Constitutional protections to illegal combatants. . . sorry doesn't work for legitimate combatants nor does it work for these animals. I know the ACLU is all hot and bothered, but the last time I checked they never stood to defend the Second Amendment Case going before the Supreme Court. . . but then again, communist sympathizers and murdering terrorists prefer unarmed citizens.
Lobo Gris writes, "Don't think it can happen to you? Study what happened in WWII with the Stasi and Hitlers Brownshirts." I did, my bachelors is in Modern European History, emphasis on German, Russian and Soviet. In addition for three years I patrolled the interzonal border between Communist East and West Germany. Later traveled and visited communist East Germany, Poland and the Soviet Union. I know too well the tactics of the Gestapo, Checka, GPU, OGPU, NKVD, KGB, Stasi et al. The ACLU has it's tactics down pat . . . instill fear and intimidation through bogus legal action and once a precedent is established run over every other Civil Liberty! Again, refer to above comment on the peoples right to keep and bear arms.
Lobo Gris writes, "There is a reason why we have a Constitution, and guaranteed civil liberties through the Bill of Rights in this country. To prevent the exact or simular scenario from happening here."
Sorry, it is already happening, look at the tactics employed by the animal liberation front, environmentalists whose alter is "man-made global warming," the rabid homosexual activists and their desire to destroy one's religious freedom to conscientiously object to having something one may find immoral and repulsive, literally shoved down their throats under the guise of "hate crimes legislation."
Try and tell the IRS they cannot do a "life-style" audit . . . so much for the Fourth Amendment. How about the desire to close gun shows, so much for the First Amendment right to peaceably assemble amongst a very nice group of people, very seldom will you hear a vulgar word.
Unfortunately, we are experiencing a clash of civilizations (I had the topic of Samuel Huntington's writings during my orals) and the ACLU would like ours destroyed, at all costs. Again, I emphasize how our enemies view our culture:
http://www.americansagainsthate.org/islamonlinefatwas.htm
Veritas vos Liberabit!
1st Shirt January 12th, 2008 4:56 am
""Lobo Gris, real simple, you don't conduct trials for illegal combatants. Although they are worthy sources of intelligence, in order to thwart further attacks on this country, etc. Some of these fine fellows' own home countries don't want them. . . this is world war. Wake-up! They want to slit your throat and dance in your blood!""
BTW I'll repeat myself, if you have legitimate evidence that they want to slit my throat and dance in my blood produce evidence to that effect, try them and lock them away with my blessing.
Lobo Gris
1st Shirt January 12th, 2008 4:56 am
"Lobo Gris, real simple, you don't conduct trials for illegal combatants. Although they are worthy sources of intelligence, in order to thwart further attacks on this country, etc. Some of these fine fellows' own home countries don't want them. . . this is world war. Wake-up! They want to slit your throat and dance in your blood!"
Simply not acceptable in a country of laws. Example. Let's say I'm a well placed executive with homeland security and you have a very attractive wife that I admire greatly and that I would like to bed. If I'm unethical I simply report that you are in league with the bad guys that want to slit our throats. On my word only you are arrested and shipped off to Guantanamo with no charges filed, no ability to to contact a lawyer, no ability to present any evidence, plus I make sure that you are subjected to "enhanced" interrogation techniques which I guarantee will get a confession from you. Evidence produced by torture that can be presented to the military commission that will review your case. Get the picture?
Don't think it can happen to you? Study what happened in WWII with the Stasi and Hitlers Brownshirts.
There is a reason why we have a Constitution, and guaranteed civil liberties through the Bill of Rights in this country. To prevent the exact or simular scenario from happening here.
Lobo Gris
Lobo Gris, real simple, you don't conduct trials for illegal combatants. Although they are worthy sources of intelligence, in order to thwart further attacks on this country, etc. Some of these fine fellows' own home countries don't want them. . . this is world war. Wake-up! They want to slit your throat and dance in your blood!
The Clinton administration always pursued the legal angle to no avail, and the one 9-11 hijacker we had in custody made a mockery of our court proceedings along with a pliable press willing to do al Qaeda's bidding.
Plus, the clowns in congress (both parties and the two independents) still have yet to fill vacant federal court positions. . . like we need to clog our already back-logged federal courts with these charming guys. Get real!
1st Shirt January 11th, 2008 8:58 pm
"Those little darlings in Gitmo are there for your safety, as each and everyone of them swears their life's goal is to kill Americans and Jews."
Nobody is against imprisoning the bad guys. The trouble is if they are that bad why haven't they been tried and the evidence of their crimes been presented?
Lobo Gris
Mike Corbeil you didn't answer the questions . . . how does the ACLU justify it's anti-American stance in light of how our Islamic enemies butcher American troops?
I am amazed at how factual statements just puts the "pc" crowd into a tizzy. . . No wonder Ann Coulter has fun with you all!
Veritas vos Liberabit!
My initial point of posting is with respect to the title, "Our Shameful Guantánamo Anniversary", and only to say that we must never forget the ever worse GWoT wars on Afghanistan and Iraq, as well as covert-op. warring of the U.S., directly and via proxy govts, on other countries, such as certainly in Africa.
I'm totally against this Guantanamo Bay, Abu Ghuraib, and other prisons of U.S. wars of totally criminal aggression; am totally against the mistreatment of the detainees, most of whom, in these GWoT wars, are INNOCENT and never did anything to merit being even questioned to begin with. Etc.
But there seems to be a lot more reporting and activism about these prisons and abused detainees than there is for substantial activism against these damn and totally criminal wars; of which we must not forget the covert-op. kind that humanitarian agencies and organisations help, wittingly and not, to cover up the real criminals, the U.S. govt and its real ruling elites, as well as other govts and ruling elites there.
1st Shirt says, ..., bla bla bla.
Yes, as 1st Shirt illustrates, Americans, many of them, will never accept to give up their LYING, conniving, scheming, etc. ways. Why should the ACLU be focusing on the human rights of U.S. troops who accepted to serve out these totally criminal wars of aggression, never justified and never justifiable, etc., and whose rights are only abused by YOUR, USA GOVT!!
Heh, BUTThead? Why not give your yourself a little opportunity of thinking about real or reality-based questions for once in your life, before dying and finally freeing this world from the presence of warmongering, racist, xenophobic, and so on people like yourself, f.e.?
IT IS THE USA and its allies that are the COMPLETE CRIMINALS IN [ALL] OF THIS!
And the soldiers' sworn OATH is to the CONSTITUTION, NOT the person who sits in his comfy ivory tower White House and pretends to be c-in-c; all while rarely working FOR, OF, AND BY THE PEOPLE, instead treating them the way the real ruling elites of the U.S. govt think of them, which [is], and as Henry Kissinger himself disclosed, 'DUMB ANIMALS'!
Wanna cry about their human rights now; do ya really wanna do that, sincerely? Then take your cries where they belong; on the front steps of these real ruling elites of what you call your govt and to which you have rendered yourself an intellectually, morally, and spiritually SLAVE.
Heh, no one can say that Americans aren't prepared to give up everything they possess in their so-called and falacious, i.e., false, honour of country; they even make themselves SLAVES, intellectually, etc., to and for their real and hidden ruling elites.
They love puppets or puppet stooges like this. They RELISH, lick their lips or chomp(ers) too, in just thinking about all of these slavish puppet stooges who pretend that they're human beings while illustrating no awareness of what it means to be a real human being. Real individuality is a requirement, and these slaves evidently give up every possible trace of this essential quality that they possibly may have once-upon-a-time possessed a little of.
We need to be real individuals in order to be able to think critically and honestly; not a bunch of completely slavish idiots.
A Voice Apart writes - "One has to wonder how the American people would react to seeing an American GI with a leash around his/her neck, mostly naked being waterboarded?"
Sorry A Voice Apart, you couldn't stomach the pictures of our soldiers butchered like animals, castrated alive, disemboweled alive, and beheaded by Mohammad's murderous monsters. Those little darlings in Gitmo are there for your safety, as each and everyone of them swears their life's goal is to kill Americans and Jews.
Why isn't the ACLU in Iraq or Afghanistan bleeding over the human rights of our troops? Or is Mr. Romero fighting so-called "warrentless wiretapping" fearing his gay brethren could be caught in some sick internet child-sex photo swapping session?
Perhaps the ACLU should focus on the fatwas directed at homosexuals. Visit if you dare . . .
http://www.americansagainsthate.org/islamonlinefatwas.htm
One has to wonder how the American people would react to seeing an American GI with a leash around his/her neck, mostly naked being waterboarded? Your country must do one great leap to ever be considered moral again. The rest of the world may have a longer memory than your backers of torture and non-humane, violent treatment of others around the globe. It will take a lot more than putting an Obama in the president's office to consider the US as other than a bully let loose.
GOD - sends us links to his best music for this occasion.
Seven years of Bush. Seven years of torture. Seven years of disgrace.
Yeah, or like "child abuse"-- very different from torture, don't cha know?
Rumsfeld deserves to be thrown in Guantanamo, not to mention Bush, Cheney, Gonzales, Pelosi...
Donald Rumsfeld said it best:
"What has been charged so far is abuse, which I believe technically is different from torture. I'm not going to address the 'torture' word." (quoted in "What's in a Word? Torture," by Adam Hochschild, New York Times, May 23, 2004).
It's sort of like "drug abuse," or "self-abuse," or "abuse of language" or "abuse of language abuse" or...
Whatever.
It's time to drag out my old orange raincoat and send nastygrams to my congressman and senators.