Showing posts with label Guantanamo Bay. Show all posts
Showing posts with label Guantanamo Bay. Show all posts

Thursday, January 22, 2009

Back to Work

President Obama gets right back to work after Inauguration festivities signing some pretty serious executive orders. The first, a salary freeze on top executive branch officials (such as the national security adviser, press secretary, and White House counsel) earning more than $100,000 per year. Says President Obama, "Families are tightening their belts, and so should Washington."

The second act declared Guantanamo Bay and other secret prisons abroad to close within a year. The act also banned harsh interrogation methods, such as waterboarding, and directed interrogators to follow the guidelines in the Army Field manual which explicitly ban threats, coercion, waterboarding, and physical abuse.
"The message that we are sending 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 and 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," the president said.
I think little Sasha says it all.


For more information, please click here.

For information from the New York Times, please click here.


Sunday, January 11, 2009

The Problem with Bagram

"The Obama Administration is inheriting not so much a shrinking Guantánamo as an expanding Bagram."     ~Tina Foster, executive director of the International Justice Network

Bagram Air Force Base lies 40 miles north of Kabul, Afghanistan. It currently holds 670 detainees, more than 2.5 times the amount currently at Guantánamo Bay. And these detainees are being held without a trial, without any charges, and without an end.

The Bush Justice Department, in response to human rights groups bringing the case to the Federal District Court, said this in a filing for the court:

Federal courts should not thrust themselves into the extraordinary role of reviewing the military's conduct of active hostilities overseas, second-guessing the military's determination as to which captured aliens as part of such hostilities should be detained, and in practical effect, superintending the Executive's conduct in waging a war...

Given the ongoing war, there is every reason to believe that our military mission in Afghanistan would be compromised if the writ [of habeas corpus] is extended to Bagram. To provide alien enemy combatants detained in a theater of war the privilege of access to our civil courts is unthinkable both legally and practically.

Maybe the Bagram detainees don't legally have access to civilian courts, but the military mission in Afghanistan would hardly be compromised by providing them basic rights. We cannot win the "war on terror" by abandoning our democratic principles. Imagine the fear and anger we would be instilling into the very "hearts and minds" that we are supposed to be winning if we could just disappear innocent people in such an Orwellian fashion.

We must try to improve the lives, the economies, and the governments of the Middle East if we are to prevent the root causes of terrorism. We should either charge or release the detainees. Those who are charged should be tried in local courts. If there is a problem with the local courts, we should attempt to improve them or try them in military courts, preferably both.

And now, I leave you with a quote:

"Sometimes a democracy must fight with one hand tied behind its back. Nevertheless, it has the upper hand."     ~Aharon Barak, former President of the Israeli Supreme Court


Tuesday, October 7, 2008

New Precedent Could Lead to Release of More Prisoners from Gitmo

A new precedent could release more prisoners from Guantanamo Bay, and it only took 7 years to realize that you actually can't carry out a racially and prejudiced policy of holding people indefinitely and without charges, torturing them in the meanwhile. Please check out the article in its entirety from the Associated Press below.

Judge: Let Chinese Muslims from Guantanamo into US

By HOPE YEN, Associated Press Writer

WASHINGTON - A federal judge ordered the Bush administration Tuesday to immediately free 17 Chinese Muslims from Guantanamo Bay into the United States, rebuking the government in a landmark decision that could set the stage for the release of dozens other prisoners in Cuba.

U.S. District Judge Ricardo M. Urbina said it would be wrong for the government to continue holding the detainees, known as Uighurs (WEE'-gurz), who have been jailed for nearly seven years, since they are no longer considered enemy combatants. Over the objections of government lawyers who called them a security risk, Urbina ordered their release in Washington D.C. by Friday.

"Because the Constitution prohibits indefinite detentions without cause, the continued detention is unlawful," Urbina said in a ruling that brought cheers and applause from a standing-room only courtroom filled with dozens of Uighurs and human rights activists.

He also ordered a hearing for next week to decide where the Uighurs should be permanently settled. Until then, members of the Uighur community in the D.C. area have offered to take them in and will help care for them.

Justice Department attorney John C. O'Quinn said the government would consider whether to appeal the decision. O'Quinn's request to delay the decision pending a possible appeal was denied Tuesday by Urbina, who said the detainees had waited long enough.

At issue is the scope of a federal judge's power to order the release of a Guantanamo prisoner, who was unlawfully detained by the U.S. but who cannot be sent back to his homeland. The Uighurs, who are Turkic-speaking Muslims in western China, have been cleared for release from Guantanamo since 2004 and ordinarily they would be sent home.

But the Uighurs cannot be sent back to China where they are considered terrorists and could be tortured, and the Bush administration says no country is willing to accept them. Albania accepted five Uighur detainees in 2006 but has since balked on taking others due partly to fears of repercussions with China.

Urbina's decision also has broader implications for the future of the Guantanamo prison, which the Bush administration has said it would like to shut down after "working with other countries to take people back under the right circumstances." A federal judge is set later this month to hold hearings on other Guantanamo prisoners challenging their detention as so-called enemy combatants.

About 20 percent of about 250 detainees who remain at the military prison fear torture or persecution if they return to their home countries, according to the New York-based Center for Constitutional Rights, raising similar questions as to where they should go if other countries refuse to take them. The U.S. has long maintained they should stay at Guantanamo.

"How many times does the Bush administration need to be told that detainees are entitled to essential rights? All the remaining detainees in Guantanamo Bay must be either charged and tried or released immediately," said Larry Cox, executive director of Amnesty International USA.

On Tuesday, the Bush administration argued a federal judge did not have the power to order the release of a foreign-born detainee into the U.S., saying would undercut immigration laws that dictate how foreigners are brought into the country. Until a country accepts the Uighurs, they would stay in special housing that includes TVs, air-conditioning and recreational activities such as soccer, tennis and volleyball, government attorneys said.

O'Quinn also said federal judges had no power to order the detainees' release and should defer to the executive branch, who he said would be in a better position in light of the delicate relations with China. In Beijing Tuesday, before Urbina's ruling, the government demanded that all Uighurs held at Guantanamo be repatriated to China.

"The court should be circumspect because of the potential for interference with foreign relations," O'Quinn said.

Sabin Willett, an attorney for the Uighurs, countered: "I've never heard anyone argue our relations with other nations are a basis for holding someone."

The Uighurs have been at Guantanamo Bay, a naval prison in Cuba, since the U.S. military took custody of them in Pakistan and Afghanistan in 2001.

Chinese Foreign Ministry spokesman Qin Gang said before Tuesday's court hearing that the Uighurs are suspected of being members of the East Turkestan Islamic Movement, which the United States lists as a terrorist organization.

"China has urged the U.S. to repatriate these Chinese terrorist suspects to China on many occasions. We hope the U.S. will take our position seriously and repatriate these persons to China sooner rather than later," he said.

A spokesman at the Chinese Embassy in Washington did not immediately respond to a request for comment about Urbina's order.

Uighurs are from Xinjiang — an isolated region that borders Afghanistan, Pakistan and six Central Asian nations — and say they have been repressed by the Chinese government. China has long said that insurgents are leading an Islamic separatist movement in Xinjiang.

Rebia Kadeer, president of the World Uighur Congress, called the decision a victory for oppressed Uighurs in China.

"This is our destiny. This our people's win. This concerns our freedom. China accuses us of being terrorists, but we are not," she said through a translator as other Uighurs in the courtroom cried for joy.

____________________

As the saying goes, one man's terrorist is another man's freedom fighter. All in all a great ruling by the federal judge and hopefully, the United States can work out an arrangement where the detainees will no longer face the daily threat and reality of torture at the hands of any country.

Thursday, June 19, 2008

Oops. Our Bad.

Dear World and future generations,

Oops. Our bad.

<3 ,

US Government


PS: So, while the United States government felt that detaining people in Guantanamo Bay and subjecting them to interrogation methods that were unconstitutional and in violation of international law, the government did this to protect innocent people. Really? Because when one thinks of the perfect way to create enemies where none existed before, this methodology pops into mind, but such actions probably are not the best way to protect innocent lives.

According to Tom Lasseter, "Militants found recruits among Guantanamo's wrongly detained."
Mohammed Naim Farouq was a thug in the lawless Zormat district of eastern Afghanistan . He ran a kidnapping and extortion racket, and he controlled his turf with a band of gunmen who rode around in trucks with AK-47 rifles.

U.S. troops detained him in 2002, although he had no clear ties to the Taliban or al Qaida. By the time Farouq was released from Guantanamo the next year, however - after more than 12 months of what he described as abuse and humiliation at the hands of American soldiers - he'd made connections to high-level militants.

In fact, he'd become a Taliban leader. When the U.S. Defense Intelligence Agency released a stack of 20 "most wanted" playing cards in 2006 identifying militants in Afghanistan and Pakistan - with Osama bin Laden at the top - Farouq was 16 cards into the deck.

A McClatchy investigation found that instead of confining terrorists, Guantanamo often produced more of them by rounding up common criminals, conscripts, low-level foot soldiers and men with no allegiance to radical Islam - thus inspiring a deep hatred of the United States in them - and then housing them in cells next to radical Islamists.

So, instead of detaining those who were responsible for the deaths of so many people, the United States government mixes up a recipe to turn people that posed no such national security threat, the guise under which they were detained, into real threats.

Given the gravity of the situation, an "our bad" wouldn't be the appropriate response. How about an ever-patriotic bit of encouragement for such a misguided administration (and those who voted for it twice):


Way to go?




For the full article, click here.