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Problem of Guantánamo Detainees Returns to Haunt Barack Obama
President Obama is on the verge of breaking two key campaign promises in his troubled attempt to shut Guantánamo Bay - with plans to revive the military tribunal system set up by George Bush and to continue the indefinite detention of up to 100 inmates.
Demonstrators in orange jail jumpsuits and black hoods hold a vigil outside the White House to mark the 100th day of President Barack Obama's administration and his promise to close the military prison facility in Guantanamo Bay, Cuba, in Washington, April 29, 2009. (REUTERS/Mike Theiler) The moves, which have not yet been signed off by Mr Obama but look increasingly likely, are a result of his promise on his second day in office to shut the Guantánamo Bay prison within a year.
Since then, officials charged with working out how to shut down the prison concede that up to 100 of the 241 detainees remaining are either too dangerous to release or cannot be tried in a military or civilian court. The evidence against many of them is tainted because they were tortured, or involves sensitive issues of national security that cannot be revealed.
The latest Administration thinking has been decried by human rights groups who point out that as a presidential candidate, Mr Obama called the military tribunal system an enormous failure and condemned the indefinite detention of detainees as a gross breach of the US Constitution.
In addition to his pledge to shut Guantánamo, Mr Obama ordered a 120-day suspension of the military tribunal system, pending a review. Officials say that they now want a three-month extension, and have indicated that the hearings are likely to be restarted, with some modifications.
On the campaign trail, Mr Obama criticised the military tribunals because they drastically reduced the rights of defendants, with hearsay evidence permitted and even testimony produced under the harsh interrogation techniques the new Administration says amounted to torture.
Now Mr Obama's lawyers are worried that they will struggle to try many detainees in federal court because a civilian judge could throw out much of the evidence, allowing allegedly dangerous men to walk free. Plans being worked on are to modify the tribunal system to increase the rights of defendants, but without giving them the full protections provided by the American legal system.
At a recent House hearing, Eric Holder, Mr Obama's Attorney General, said that military tribunals could still be used but "would be different from those previously in place".
Robert Gates, the Defence Secretary, who was asked last week if the Administration would abandon the Guantánamo tribunal system, said: "Not at all." He added: "The commissions are still very much on the table."
Jameel Jaffer, a lawyer for the American Civil Liberties Union (ACLU), said: "To revive a fatally flawed system that was designed to evade due process and the rule of law would be a grave error and a huge step backward." Just as dismaying for such groups is the admission by Mr Gates to Congress last week that up to 100 detainees will probably have to be detained without trial, possibly in facilities on the US mainland.
Mr Gates said that 50 to 100 inmates "who we cannot release and cannot try" could end up being held without trial, probably on US soil. When asked about Mr Obama's pledge to shut Guantánamo by January, Mr Gates said: "I think that question is still open." Mr Gates did not specify whether such detentions would be temporary or indefinite, but acknowledged that congressmen and senators in all 50 states would oppose taking such detainees into their regions.
Anthony Romero, the executive director of the ACLU, said: "President Obama's decision to close Guantánamo will be betrayed if we simply replace it with another detention centre on US soil that disregards the law."
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9 Comments so far
Show AllThe same people are in the background of Obama's administration as in Bush's. Hell Gates is still the Secretary of War..I mean Defense. That should never have been changed. War is Peace; freedom is slavery; ignorance is strength; I keep forgetting. I digress. In a revolution, all the cronies of the previous leader are taken out and shot, so that no vestige of the previous administration remain; "sufficient unto the day is the evil thereof". I'm not saying to shoot everyone from Bush's administration(prosecution would be fine). But, keeping them on board just prolongs that administration. Like the quote says, Obama is bringing enough problems with him. Of course, it is widely known that no matter who runs for President, NO MATTER WHICH PARTY, the real power never leaves Washington, stretches from one administration to the next, and cannot be voted out. That power is us. We allow all of this to happen. There can't be a civil war on every issue, so there are always at least 49% disgruntled citizens, and everybody reaps the benefits of corporate greed one way or another, as we all, too suffer from it. If that purported "saviour" of Amerika Ralph Nader were elected, there would be no REAL change. That would be only one man. He didn't make the laws and he wouldn't make the laws. That branch is always going to be Congress, and that branch will always be controlled by corporations with our aquiesence or at least 51% of us.
as suggested several weeks ago, barackstar, be careful of the slippery slopes of deception. now, you find yourself on them, sliding out of control on your skinny but, while those you've surrounded yourself with stand back in the corners, hands over their mouths, snickering.
where are your leadership skills and your intellect when you're beginning to need them most? either enjoy that all too quick ride to the bottom of the hill, or apply the brakes before it's too late.
The indefinite holding of prisoners without trial or with a kangaroo trial will not go down well in European countries that were occupied by Nazi Germany during WW2. Among the countries that were part of the "Axis" during that war there will be revulsion at least in Germany, Italy, and Spain. I am not so sure of Austria, Hungary, and Romania. Middle- and South American countries which have recently merged from rule by dictators will be appalled because that was exactly what their vile rulers did.
Within a short time much of the international adulation of "JFK-reborn" and good-will for our country will evaporate. "Mending fences" by only painting over rotten planks is stupid.
I think the real problem with Guantanamo is not so much that the US government is trying to punish terrorist there. It is that the US govt is doing so OUTSIDE the framework of the legal system, with innocents being interred alongside the guilty with no legal basis to distinguish between the two.
So now we keep human beings in jail forever because of" sensitive issues of national security that cannot be revealed." Give me a break, who gets to determine the sensitivity? The government, of course. We certainly do live in an Orwellian time and it is getting worse by the day.
BS! If we can't try them in a public and accountable process, then we can never know, even vaguely, whether they are/were "terrorists" or "too dangerous" to release.
Anyway, what a steaming load of crap. The US justice system has put untold numbers of gangland murderers on the street in exchange for incriminating evidence against "leaders", "King-pins", etc. We've been dong this for decades.
Further, using their completely unConstitutional and utterly ineffective process, the military has already released two Guantanamo prisoners who turned around and waged war on the US upon their release. We know this because our soldiers killed them in battle after their release. So much for a "thorough" prisoner vetting process. Others who are still there (and at Bagram), are just unfortunates who were in the wrong place at the wrong time and have given up 7 years of their lives for nothing more than making Bush, Cheney and now Obama look "tough".
People, tell President Obama your views and your sentiments. He has to battle the establishment and he needs every last one of us behind him to counter the enormous tsunami of the old darkness Bush and partners brought in. This is one of the most difficult presidencies if not the most difficult presidency since the Civil War. Let's work for a new and better United States and help our man, Obama. United, we will help Obama usher in an era we will be proud to call our country once again.
Another hundred days of torture and crimes against humanity? All of the Bush/Cheney hostages should have been pardened and released in our new president's first heartbeat. What is it that attracts our government to sadistic atrocities and international criminality? AIPAC?
Remember, as you read of the necessity of holding people indefinitely without trial because they represent a "danger," the concentration camps built by KBR. We, too, who write and demonstrate in protest of abhorent government policies may someday find ourselves spending the remainder of our lives looking out through razor wire, or through a hood because we, too, represent a "danger" to the government. The danger of freedom of speech and freedom of conscience which is becoming increasingly abhorrent to the government.
To those who say, "It can't happen here," look about you. It already has.