Grappling With Gitmo

Barack Obama has said he wants to shut down Guantanamo. That's the easy part. What matters is what he does next.

Wed November 12, 2008 12:00 AM PST

On the campaign trail, Barack Obama frequently cited his desire to shutter the US military's detention and interrogation facility at Guantanamo Bay, Cuba. But with the election over and Obama set to assume the presidency in January, campaign rhetoric is giving way to hard political and legal realities. Closing Guantanamo raises a host of questions, such as whether to move detainees to the United States or repatriate them to their countries of origin; how to proceed with pending criminal prosecutions; and whether prosecutors will be able to use evidence acquired through torture. The Obama team has no clear answers as yet, but a group of human rights activists and legal scholars are arguing that simply closing Guantanamo, while a good start, will not be enough. They have called for an independent, nonpartisan commission to investigate Guantanamo and the rest of the secret archipelago of US detention and interrogation facilities created after 9/11.


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At a press conference on Wednesday, the Human Rights Center and the International Human Rights Law Clinic, both at the University of California-Berkeley, along with the New York City-based Center for Constitutional Rights, released a new report on Guantanamo's human costs. "We've heard a lot of stories about the methods of interrogation," said CCR executive director Vincent Warren. "But often missing from that discussion is how those interrogations have been experienced by these men and how they have taken the scars, literal and psychological, back into the world at large." He notes that the Gitmo experience "has had a devastating effect on human beings' ability to reconnect to their previous lives."

Between July 2007 and July 2008, researchers from the human rights groups interviewed 112 people—62 of them former detainees now living in nine countries, the rest former US government officials, NGO representatives, detainee attorneys, and former military and civilian staff at US detention facilities around the world. Over half of the detainees interviewed reported harsh treatment, such as shackling, beatings, exposure to extreme temperatures, sexual humiliation, and desecration of the Koran. Two-thirds claimed to now suffer psychological problems resulting from their detention, and virtually all complained that they've been unable to find employment since their release, thanks in large part to what the report's authors call the "Guantanamo stigma."

Twenty-four of the former detainees interviewed said they had not been mistreated. In several cases, detainees reported developing friendly relationships with their US interrogators after their captors acknowledged in private conversations that these detainees were innocent and did not belong in detention. The detention of innocent people has been a problem in Guantanamo and elsewhere, the result of hefty bounties offered by US forces in Afghanistan for Taliban and Al Qaeda fighters. Hundreds of innocents were caught up in dragnets, the victims of greed or personal vendettas. Of the 770 people imprisoned at Guantanamo since 2002, all but 255 have been released. Just 23 detainees have been charged with crimes, and of those only 2 have been convicted.

Focusing on the experiences of former detainees not only personalizes the issue but also "begins to give us the tools to talk about transition, both in the presidential transition about policy and also with respect to interrogation techniques," said Warren. Looking to rehabilitate the US justice system in the eyes of the international community, the report recommends the creation of a commission that would have access to classified documents, power to subpoena testimony from key witnesses, and the freedom to recommend criminal charges. "This is not a witch hunt," said Laurel Fletcher, director of Berkeley's International Human Rights Law Clinic. "But it is a recommendation that will lead to a serious examination of both what's gone right and what's gone wrong, and how to make it better. We believe that Guantanamo cannot be swept under the rug."

Before leaving office, President Bush could issue a blanket pardon to all those involved in the application of what his administration called "enhanced interrogation techniques." But, Fletcher contends, that would be misguided. "In order to make sure that there are enough disincentives for these types of programs to be put in place in the future, either in the next administration or in future administrations, there has to be some level of accountability," agreed Warren.

There are no signs yet how the Obama administration will handle the thorny issue of Gitmo. "Even if President Obama on his first day in office signs an executive order to close down the facility at Guantanamo, that really is the beginning of the discussion," said Warren. "The magnitude of the Bush policy has to be countered with the magnitude of the Obama policy." And that means more than simply hanging up a "closed" sign at Guantanamo.

Photo by flickr user burge5000 used under a Creative Commons license.

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Comments
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I'm sick of the Bush bashing. You liberals act like all the bad things that ever happens is the folt of this president. History will show that the Bush Era of demicracy was the best of times for America. The only way to keep this country safe is to elect a solid conservative.
As for the auto industry, the American Way is to drive what you want to drive. If Americans want SUV's then let the auto industry build SUVs. Tom Delay was right when he said that the liberals would ruin this country through the over regulation of industry. The myth of global warming will be the excuse to destroy the free market system in the name of the economy system of marxism.

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I hate to brake it to you but the "greenhouse effect" has been confirmed even by big parts of the oil industry.
I doubt you even have the slightest of Marxism or you wouldn't be talking so much nonsense.

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re: deane

As much as I'm sure that you think terrorists hate America because of our freedom, what do you imagine is going to happen to the 515 people who were rounded up as possible terrorists, held indefinitely without charges, tortured (at least some have been tortured as backed up by our government's own employees), and then released with a "Sorry, our mistake"? Do you think they might have a reason better than "Freedom" to hate us now? Do you think they will be more dangerous than ever?

I agree that there are some things blamed on the President that he could not have avoided (like the financial crisis, which was a failure of our government as a whole), but Gitmo is a failure at the Executive level and people need to be held accountable. Even discounting our 515 new enemies, consider the danger this puts our own troops in. By deciding that our actions were ungovernable by Geneva Conventions, we have given the green light to other countries to do the same. Now we must choose between identifying those accountable for these conditions (all the way up the chain to the top if the facts support such a finding) and punishing them ourselves, or waiting for the International Court to do the same.

Also, hate to break it to you, but Americans don't want SUVs anymore. If you don't believe me, take yours to a used car dealer and find out how much he'll give you for it. At this point, you could buy a 2007 Escalade for less than you would still owe on it if you bought it new and had been making payments on a 72 mo. schedule.

Also, why are you complaining about regulation? We just made it through 8 years of deregulation and look at how well that has been turning out for everybody. Just wait until oil gets so expensive that we can't afford to ship in the goods that we've been outsourcing the production of. Then it's really gonna hurt.

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Response to deane-Being President means taking the credit or the blame for whatever happens on your watch. I don't have to wait for history as I am experiencing first hand the results of the Bush-Cheney Administration. As far as the Auto Industry-they literally begged President Bush to do something to control the rising gasoline prices that made them totally unable to compete and he did nothing. Lastly, Bush is not a Conservative, does not have Conservative Policies, and would be totally lost with Conservative Policies that would limit the use of America's Military to expand U.S. military and industrial influence into all arts of the World. He's a Hawk, plain and simple and America does not prosper under this kind of leadership!

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“Delilah therefore took new ropes and bound him therewith and said unto him, ‘The Philistines be upon thee, Samson.’” [Judges 16:12] It was a lie but so what. She only pretended to love him, then used both him and the Philistines to enrich herself. Not caring that he be humiliated in the world. Not caring that the Philistines be destroyed. Not caring how much of his blood would be shed, even unto his blindness and death, as long as she got what she wanted.
If our country, these United States of America, is a Samson in the world, then our own Republican Party has in July, 2006, proclaimed their love for our very own Delilah. She has changed her name to “Neo-con” and she speaks in the four forked tongues of men like Wolfowitz and Perle, Kristol and Krauthammer. These are men of the “New American Century”, who believe that nothing matters more than Israel’s territorial ambitions. Not our good name in the world. Not the blood of our brave men and women.
They have co-opted the once proud party of Lincoln and Neo-conned it into believing in an “Axis of Evil”; that this “Axis of Evil” helped Al Qaida bring down the Twin Towers; that it bought Yellow Cake Uranium from Niger; that it had weapons of mass destruction aimed at US. But when we look past these lies and ask, “What is this Axis of Evil?”, we see Iraq which supported Hamas against Israel, Iran which supported Hezbolah against Israel, and North Korea which supplied weapons used against Israel. None of this “Axis of Evil” has ever been any more of a threat to US than Pakistan or China. Yet we are to believe the “Axis of Evil” must be destroyed at all costs, NOW, before they destroy US? Where does this paranoia come from? I believe these Neo-cons generate it for their own ends. I believe that, to the Neo-cons, “US” means “Israel”. Like Delilah, these Neo-cons only pretend to care for US.
After Israel attacked Lebanon, because Hamas and Hezbolah kidnapped three soldiers, because Israel kidnapped two civilians in Gaza a few days before that, Ken Mehlman, head of the Republican National Committee, said, “Today we are all Israelis!”
Really?
Because, personally, I’ve always considered myself an American. And I would expect any citizen of this country to be an American. Sure, we should support our allies, but not when they act like spoiled children.
If two children are fighting, what do you do? An adult would sit them both down and ask, “What’s this about?” If one says, “He took my soldiers!” and the other one says, “He stole my civilians first!”, an adult would try to get them to immediately stop fighting and talk through a solution. If they just can’t stop hitting each other, the adult would stand up and say to both of them, “The next one to throw a punch is going to answer to me!” and mean it. That would end the fighting real quick.
But adults seem to have been in short supply in the Bush White House. Instead, they acted like big kids themselves, taking sides, and handing one kid a club to beat up the other kid, only jumping in to stop the fight when it looked like their kid might lose. This behavior would not have been allowed in the ‘90‘s.
Israel has a right to defend its people, but not to drag US into its every paranoid fantasy. Every time it bullies the Palestinians and takes their land, it creates more enemies in the Muslim world. That’s why it’s attacked. As we stand by and let Israel act out, it creates more hatred for US, more suicide bombers willing to attack US. There was a time when we were not so hated.
After radical Arabs responded to the first Gulf War by bombing the WTC in ‘93, Clinton countered by engaging Arab public opinion. Through the Mid-East peace process, Clinton’s America was generally seen by the Arab world as an honest peace broker, listening to both sides. This respect for US by ordinary Arabs allowed moderate Arab leaders to keep the religious radicals marginalized. The radicals soon realized they could attack US in Muslim countries, where most Arabs thought we didn’t belong, but not in our homeland, not without being betrayed. It didn’t matter that we didn’t get a peace accord. For the rest of Clinton’s presidency, for those seven years, our homeland was not attacked again, and our children were not living in fear of another attack. Things were also better for average Israelis.
As he took office, Bush declared disengagement from the peace process, then sided with Sharon as he pushed Palestinians out of their West Bank homes. The result of this policy? The moderate Arabs were disgraced in their communities for trusting US, and the religious radicals were handed authority politically to attack US at home militarily. And so Al Qaida, not the “Axis of Evil”, attacked US on 9/11/01, with a plan experts say they’d harbored for years, just waiting for Washington to give them an excuse to use it.
This war with terror is not like other wars. It will not be won on the battlefield. It will be won in the hearts and minds of moderate Muslims. Let’s remember that it was a tip from someone in the Muslim community to a British policeman in 2005 that led to the investigation and arrest of the plane-bomb plotters in August, 2006. Not NSA spying. Not Gitmo torture. But a relationship of trust and respect between a Muslim citizen and a Christian policeman.
Jesus said, “…Love your enemies, bless those that curse you…” [Mathew 5:44] He didn’t say this because He was weak but because He was wise. He understood that the first step toward peace is to love just enough to listen so as to understand other peoples and so gain their respect. But thanks to the Neo-cons whispering in Bush’s ear, the U.S. doesn’t talk with Syria or Iran or Korea or Palestine, it talks at them, with sound bites designed to demonize them on the evening news. So how then can we possibly do as Jesus taught, and have real peace?
Now I don’t expect these Neo-cons to understand Jesus; it’s not in their culture. But I do expect Americans to understand Him. Certainly those Americans we’ve sent to Washington.

These observations are presented by Gary AndrewS, author of “No Gods Before Me, the First of the Commandment Mysteries.” May God enlighten us all.

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..Mr. Bush will get the blame he so richly deserves....Two Wars, while I believe going after Bin Laden in Afganistan was justified.-. IRAQ was with "faulty intellignece" lies, innuendo - smoking gun / mushroom cloud / mobile gas laboratories / mid-range missles was not / and is not justified (except to get Saddam for revenge for the plot to kill BUSH Sen.
.TORTURE...Wiretaps against the citizens of the United States - usurpation of the Constitution - HIS ABUSE OF THE SECRECY ACT -.-WE SHOULD FORGET THAT HE HAD THE CONGRESS GRANT HIM IMMUNITY (RETRO-ACTIVELY in the matter of torture) Granting the TeleCom Executives Immunity did more to cover for President Bush than the executives...
And Again We Should Forget The Ongoing Investigation in Europe For The War-Crimes Tribunial in the Hague...
YES We should forget - the $700 billion dollars to bailout Wall Street, while declaring it our greatest crisis since the depression - The WASHINGTON TRAITORS TACKED ON AN ADDITIONAL $110 BILLION FOR PORK (approved by President Bush) Or the fact that there is "NO-ACCOUNTING FOR THE MONIES SPENT" TOO BIG TO FAIL -.- Code-Word S E L L O U T

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You need to read the bill again, youre sadly mistaken. The Pork is nearly every thing the Dems tried to push through the last 2 years solidified in a single document they refused to ratify until the pork was added. Read the bill and who supported what pork. Your claim makes you look ignorant.
Last I checked, in our Federal system, the Congress holds the purse strings, not the Whitehouse.

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