By Maya Rosen
“ By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice.”
On January 22, 2009, newly inaugurated President Barack Obama signed an executive order to close Guantanamo Bay, a United States detention center in Cuba, by January 2010. The order also ends the use of military commissions, and institutes policy for the government to review the cases of individual detainees in the coming months. Although many believe that Guantanamo has violated human rights laws these past eight years under former President Bush, questions still remain as to how President Obama plans to deal with terror suspects currently being held at Guantanamo Bay.
With the orders for Guantanamo’s closing issued less than forty-eight hours after Barak Obama assumed the presidency, it is clear that our new President places the issue of Guantanamo high on the list of priorities. Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, was thrilled with Obama’s hasty decision to close the prison. “With the stroke of a pen, President Obama will make great progress toward restoring America’s moral authority…The executive order will allow the Obama administration to begin a thorough and sensible process to close Guantanamo…We hope and expect that by January 2010 every detainee will either be facing criminal charges in a fair process or be released,” she said.
Supporters of President Obama’s order have long argued that Guantanamo is detrimental to the United States’ goal of eliminating terror. “Over the past seven years, the US government’s consistent disregard for human rights in fighting terrorism has diminished America’s moral authority, set a negative example for other governments, and undermined the goal of reducing anti-American militancy around the world. The use of torture, unlawful rendition, secret prisons, unfair trials, and long-term, arbitrary detention without charge has been both morally wrong and counterproductive,” the organization Human Rights Watch says. Between 225 and 300 prisoners are currently detained at Guantanamo Bay, even though most of these people have never been charged of a crime. Detainees are confined to a tiny cell for 22 hours a day. There is neither light nor fresh air in the prisoners’ cells. Many prisoners have been confined for years. No prisoner has ever been allowed visitors, and most have never been allowed to phone home. No educational or rehabilitation services are provided. Human Rights Watch suggests that “such extreme and prolonged isolation violates international legal obligations, and can aggravate desperate behavior, potentially creating worse security problems over time. Should detainee mental health problems mount, as the limited available evidence suggests is already happening, the practice will also complicate ongoing efforts to resettle or repatriate many of these men.”
President Obama’s order also reverses many of the Bush-Cheney policies regarding torture. Jennifer Daskal explained the implications of Obama’s new policy. “For years, the Bush administration claimed, ‘We do not torture,’ yet approved methods like water-boarding, sleep deprivation, and prolonged exposure to cold…President Obama’s order rejecting such practices is a major step toward restoring America’s moral authority around the world.” The Obama administration will set standards to be used during interrogations and make sure that the International Committee of the Red Cross has access to all prisoners. It will also end CIA “black sites”, secretive prisons often outside of the United States where interrogations are conducted. Ms. Daskal continued, “This executive order makes meaningful the US commitment not to torture detainees…President Obama has rejected the abusive practices of the last seven and a half years.” The Attorney General will lead a team that will examine the Army field manual and develop any additions or stipulations in regards to interrogation policy. Barack Obama insists that “we can abide by a rule that says we don’t torture.”
One issue that President Obama’s order does not deal with is the Chinese Uighurs, a group of seventeen men being held at Guantanamo. They were officially determined not to be enemy combatants over four years ago but are unable to return home due to fears that they will be tortured by the Chinese government. A federal court ruled that these men should be admitted to the United States in October 2008. However, former President Bush appealed the court’s decision. These innocent men are still being held Guantanamo. “President Obama has laid out a long-overdue plan for closing Guantanamo…He should jump-start the process by agreeing to resettle the Uighurs in the United States,” Daskal said. “In 2004 and 2005 we were told that we were innocent, however, we are being incarcerated in jail for the past 6 years until present. We fail to know why we are still in jail here….Being away from family, away from our homeland, and also away from the outside world and losing any contact with anyone, also being forbidden from the natural sunlight, natural air, being surrounded with a metal box all around is not suitable for a human being,” an Uighur man, Abdulghappar Turkistani, wrote in a letter in December 2007.
More questions remain concerning how the Obama administration plans to implement the closing of Guantanamo. Vice-president Joe Biden, attempting to assuage the fears of many Americans, said, “We won’t release people inside the United States because all but one I believe is not an American citizen, an American national…We’re going one prisoner at a time. We’re trying to figure out exactly what we inherited.” However, critics of Obama’s order don’t seem willing to give Obama time to work out the details of the order. Senator John McCain, whom Obama defeated in the November presidential election, told Fox News, “Where are you going to send them? That decision I would have made before I’d announced the closure, because I don’t know of a state in America that wants them in their state.” Republican Senator Lindsay Graham viewed Obama’s decision as a security threat. “Enemy combatants need to be held off the battlefield as long as they are a threat. The worse thing we could do is criminalize this war,” he said. “We’re not fighting a bunch of criminals, we are fighting warriors committed our destruction and we need to get this right.” Other critics of Guantanamos closure include some of the families of 9/11 victims. Three families of firefighters killed in the 9/11 attacks have requested a meeting with President Obama to urge him to revoke his order.
There will probably be three categories in which current detainees will fall. The first group is being held with no evidence against them. Pending their trials, these people will most likely be released to their home countries. The second group will be prosecuted, using evidence the government has acquired. The third group is the most ambiguous and will be the hardest to deal with. These prisoners will be the ones whom the government determines are too dangerous to release, but there is either insufficient evidence to convict them or evidence was obtained through torture. It remains unclear what will happen to those in the third category. Regardless, President Obama remains optimistic with his decision. “The message that we are sending around the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly, we are going to do so effectively, and we are going to do so in a manner that is consistent with our values and our ideals.”
Sources:
“AM – Obama to shut Guantanamo Bay.” ABC.net.au. 28 Jan. 2009 <http://www.abc.net.au/am/content/2008/s2472857.htm>.
“Fighting Terrorism Fairly and Effectively | Human Rights Watch.” Human Rights Watch. 16 Nov. 2008. 28 Jan. 2009 <http://www.hrw.org/en/reports/2008/11/16/fighting-terrorism-fairly-and-effectively-0>.
France-Presse, Agence. “Closing Guantanamo to test Obama, US justice system |.” ABS-CBN News Online Beta. 26 Jan. 2009. 28 Jan. 2009 <http://www.abs-cbnnews.com/world/01/25/09/closing-guantanamo-test-obama-us-justice-system>.
“Locked Up Alone | Human Rights Watch.” Human Rights Watch. 9 June 2008. 28 Jan. 2009 <http://www.hrw.org/en/node/62183/section/2>.
Schuck, Glenn S. “9-11 families upset over Obama Guantanamo decision (OneNewsNow.com).” 26 Jan. 2009. 28 Jan. 2009 <http://www.onenewsnow.com/Politics/Default.aspx?id=398516>.
3 C.F.R. 1 (2009).
“US: Obama Expected to Order Guantanamo’s Closure | Human Rights Watch.” Human Rights Watch. 21 Jan. 2009. 28 Jan. 2009 <http://www.hrw.org/en/news/2009/01/21/us-obama-expected-order-guantanamo-s-closure>.
“US: Steps to End Torture Set a New Course.” Human Rights Watch. 22 Jan. 2009. 28 Jan. 2009 <http://www.hrw.org/en/news/2009/01/22/us-steps-end-torture-set-new-course>.