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Home / World

Flawed weapon in America's war on terror

By Andrew Stone
NZ Herald·
10 Oct, 2014 04:00 PM6 mins to read

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Guantanamo Bay detention centre ... rights breaches revealed. Photo / AP

Guantanamo Bay detention centre ... rights breaches revealed. Photo / AP

US keeps terror suspects locked away in ‘the gulag of our times’ ... but one day it will have to try talking to them

On the sign outside the entrance to Camp V at the Guantanamo Bay detention centre, the US military prison in Cuba holding terrorist suspects captured after 9/11 in Afghanistan, Iraq and other "war on terror" hot zones, is a motto: " Honour Bound to Defend Freedom".

This boast, reminiscent of the claim by the US Strategic Air Command, the Cold War nuclear strike force, that "Peace is Our Profession", has come under withering fire from jurists, released detainees and human rights groups who say what happens at the base is anything but honourable.

The latest blow came last Friday when the Obama Administration was compelled to declassify 28 videotapes of Syrian prisoner Abu Wa'el Dhiab - one of more than 100 inmates on a hunger strike protest at prison conditions - being force-fed after being forcibly removed from his cell.

His lawyer, Jon Eisenberg, told Associated Press, one of several media groups that requested the videos be released: "Once the truth is fully brought to light, we believe these terrible practices will come to an end."

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The declassification was ordered by US District Court Judge Gladys Kessler. Rejecting claims this would harm national security, Kessler wrote that such contentions were "unacceptably vague, speculative, lack specificity or are just plain implausible". The government will appeal.

Held at Guantanamo without charge or trial since 2002, Dhiab is confined to a wheelchair and described as "just a skeleton" by his lawyer.

Dhiab was cleared for release in 2009 and was told this year he would go to Uruguay. The hunger strikes follow delays in releasing detainees.

Others languish in the limbo of "indefinite detention"; not enough evidence exists to prosecute them, or it is tainted by torture and inadmissible.

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"First and foremost they need to transfer detainees slated for release who the US has determined are not a security threat," says Laura Pitter, senior national security counsel with Human Rights Watch in New York.

"That leaves some detainees who the US says it will prosecute. In 2006 the Bush Administration reviewed 36 cases and said they would prosecute. Most have not been prosecuted. Only seven detainees currently face trial in Guantanamo ."

Initially, Obama wanted to try detainees before military commissions or in federal courts.

The federal option was dropped in 2011 when plans to try Khalid Sheikh Mohammed and four other accused 9/11 plotters in New York ignited a political firestorm.

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In March 2011 Obama set up a periodic review board for indefinite detention detainees. By June this year, six cases had been examined, suggesting three detainees be dropped from this category.

In March, another detainee was repatriated to Algeria and in May five Taliban commanders were exchanged for US Army Sergeant Bowe Bergdahl, held by the Taliban.

Uruguay's President Jose Mujica offered to take six detainees, urging the US to move quickly as he steps down this month. No transfers have taken place.

The official line, reiterated in a letter from National Security Adviser Susan Rice to Defence Secretary Chuck Hagel in May, is that detainees "will be repatriated or resettled ... as quickly as possible, consistent with US national security interests".

And there's the rub. Where to put those deemed dangerous, given Congress's refusal to allow them to be kept on the US mainland?

Congress cites public opinion. A majority of Americans oppose closing the base, even though Obama admits its existence provides a jihadi recruitment tool.

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Worldwide, public opinion has condemned Guantanamo. Amnesty International called it "the gulag of our times". The UN demanded its closure. Detainees have limited protection under the Geneva Convention. The US insists prisoners are held "lawfully both under international law and US law".

In August the European Court of Human Rights ordered Poland to pay Zayn al-Abidin Muhammad Husayn, a Palestinian, and Abd al-Rahim al-Nashiri, a Saudi, 100,000 each in compensation after they were beaten and water-boarded at a CIA facility on Polish soil. Both men are incarcerated at Guantanamo.

Overshadowed by other events in the war on terror - drone strikes, the National Security Agency spy scandal, the Isis threat and domestic terror scares - Guantanamo is kept off the US public radar.

Journalists or groups such as Human Rights Watch cannot enter the prison or talk to detainees. Even lawyers are subject to gag orders, restricting what they say about it.

Could more captives go to Guantanamo? This seems unlikely - although political stalemate has kept Guantanamo open, at an annual cost of US$150 million - as Obama tries a different tack.

Next month, alleged al-Qaeda operative Abu Anas al-Libi, captured in Libya by US special forces on October 5 last year and transferred to civilian custody a week later, will stand trial in New York, a shift towards the criminal justice system.

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Writing in the Guardian this week, Jonathan Powell, who works to defuse armed conflicts, said that, sooner or later, governments talk with terrorists.

The chief British negotiator in talks with the IRA that produced the historic 1998 peace deal, Powell quotes 1950s UK Labour Party leader Hugh Gaitskell: "All terrorists, at the invitation of the government, end up with drinks in the Dorchester."

Short of killing every enemy fighter - an impossible goal as a decade of Middle Eastern conflict shows - talking is finally the only way out.

"At some stage, we will need to negotiate with violent Islamic extremism," writes Powell.

He says a long-term strategy involves military action and dialogue, finding a communications channel.

Avoiding a knee-jerk response to atrocities takes political courage. But whether the US is ready to talk to Islamic fighters, instead of killing them or imprisoning them, is anyone's guess.

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2002
Guantanamo opened. It has since housed 779 inmates - some dobbed in for bounties - many of them innocent men and boys.

2008
The last known arrival at Guantanamo, in March 2008 as the Bush Administration wound down. Obama inherited 242 detainees (some 500 had been released).

149
Prisoners remain despite Obama's 2008 pledge to close the prison within a year. Seventy-nine have been "cleared for transfer".

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