indefinite detention

Close Guantánamo, But Close it the Right Way

Friday marked the one-year anniversary of President Obama signing an executive order to close the detention center at Guantánamo Bay. We were all cheered and encouraged by this bold move on the president’s second full day in office — it signaled he was ready to make a clean break from the Bush administration's unlawful and shameful detention policies.

But when the Obama administration finally does close Guantánamo, it's vital that the administration also puts an end to the policy of detaining prisoners without charge or trial. Indefinite detention is one of the practices that's made Gitmo a disgrace in the eyes of the rest of the world.

Late last year, we debuted a video that included interviews with five former Guantánamo detainees.

Last week we released four break-out videos featuring the same five men telling their stories in more depth: They talk about their lives before ending up in U.S. custody, their experiences at Guantánamo and other U.S.-run detention facilities, and how they've pieced their lives back together after Gitmo. All of the men featured in our video series, like hundreds of others who were held for years at Guantánamo, were eventually released without any charge.

British citizen Moazzam Begg was in Afghanistan, working to open a school for girls, when he was captured. He says in the video: "My experience of America prior to this was everything I had seen in the films: the concept of the good guys, the concept of people trying to do the right thing. And that was shattered."

Bisher al-Rawi was captured in Gambia, where he hoped to open a peanut factory with his brother.

Omar Deghayes was detained at Guantánamo for six years. He was blinded in his right eye after a Gitmo prison guard jabbed him in the face with his fingers.

Childhood friends Shafiq Rasul and Ruhal Ahmed are two of the "Tipton Three," the subjects of the documentary Road to Guantánamo. They traveled to Afghanistan after attending a friend’s wedding in Pakistan, and were captured there. They both spent 2 ½ years detained by the U.S.

More than 700 men have been detained at Guantánamo since it opened eight years ago; 198 remain. Most of them could tell similar stories about their years-long detention.

To close Gitmo properly, the remaining detainees must either be released, or charged and tried in federal courts, which are better-equipped to handle these cases than the unconstitutional military commissions. Consider the military commissions' track record: A grand total of three cases have been completed since Guantánamo opened as a detention facility in January 2002. Federal courts, on the other hand, have successfully tried more than 200 terrorism cases, including those of the “Blind Sheik” Omar Abdel-Rahman for his role in the 1993 bombing of the World Trade Center, “shoe-bomber” Richard Reid, and Zacarias Moussoui for conspiring in the 9/11 attacks. The so-called underwear bomber, Abdul Farouk Abdulmutallab, was arraigned in federal court on terrorism charges 14 days after he tried to blow up an airplane. In contrast, most detainees at Guantánamo have languished there for years, without charges brought against them and no end to their detention in sight.

Of those detainees who remain at Guantánamo, Bisher al-Rawi says: "If the U.S. thinks somebody is a criminal, that’s fine. Take him to court and let him have his day in court…either you release people or give them justice, true justice, with no deception, no lies."



gitmo_a1564.jpeg

Maybe this sinking feeling in my gut would go away if anyone in the Obama administration bothered to explain the specifics of why they believe indefinite detention is necessary. How can you be so sure someone is too dangerous to release, and yet not have enough evidence to prosecute them?

The Obama administration, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, is drafting an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.

Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.

After months of internal debate over how to close the facility in Cuba, White House officials are increasingly worried that reaching quick agreement with Congress on a new detention system may be impossible. Several officials said there is concern in the White House that the administration may not be able to close the facility by the president's January deadline.

White House spokesman Ben LaBolt said there is no executive order and that the administration has not decided whether to issue one. But one administration official suggested that the White House was already trying to build support.

"Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order," the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.

Big Tent Democrat and Glenn Greenwald reactions here.


Deja Vu: Obama Considers Holding Terror Suspects 'Indefinitely'

Haven't we already seen this movie? Didn't we already reject this policy with Obama's election? I didn't vote for him because I wanted him to embrace Bush's policies, and if he does, I want a damned good legal explanation:

WASHINGTON -- The Obama administration is weighing plans to detain some terror suspects on U.S. soil -- indefinitely and without trial -- as part of a plan to retool military commission trials that were conducted for prisoners held in Guantanamo Bay, Cuba.

The proposal being floated with members of Congress is another indication of President Barack Obama's struggles to establish his counter-terrorism policies, balancing security concerns against attempts to alter Bush-administration practices he has harshly criticized.

On Wednesday, the president reversed a recent administration decision to release photos showing purported abuse of prisoners at U.S. military facilities in Iraq and Afghanistan. Mr. Obama cited concern that releasing the pictures could endanger U.S. troops. Mr. Obama ordered government lawyers to pull back an earlier court filing promising to release hundreds of photos by month's end as part a lawsuit brought by the American Civil Liberties Union.

[...] Sen. Lindsey Graham (R., S.C.), who met this week with White House Counsel Greg Craig to discuss the administration's plans, said among the proposals being studied is seeking authority for indefinite detentions, with the imprimatur of some type of national-security court.

Sen. Graham said he wants to work with the administration to pass legislation to increase judicial oversight of military commissions, but noted the legal difficulties that would arise.

"This is a difficult question. How do you hold someone in prison without a trial indefinitely?" Sen. Graham said.