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Guantanamo Bay


Background


1The Guantanamo Bay Naval Base (GITMO), located in the Oriente Province in southern Cuba, is the oldest standing U.S. military installation outside of its territory. The 45-square mile area first came under U.S. control in 1898, towards the tail end of the Spanish-American War.

Recognizing the strategic advantage that Guantanamo Bay offers, the United States signed a 99-year lease with the newly independent Cuban government as a condition for the withdrawal of American forces from the mainland. A then princely sum of 2,000 gold coins, equivalent to a little over four thousand dollars today, was the agreed annual rent. Article VI and VII of the agreement, the Platt Amendment, stipulates that,
VI. That the Isle of Pines shall be omitted from the proposed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty.

VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States.

In 1934, the Treaty of Relations was signed between the two governments to replace the Platt Amendment. The new treaty saw significantly reduced extra-constitutional American control over the Cuban government, but in return, they were granted the use of Guantanamo Bay for perpetuity.

Excerpts from Article III of the Treaty of Relations
“… So long as the United States of America shall not abandon the said naval station of Guantanamo or the two Governments shall not agree to a modification of its present limits, the station shall continue to have the territorial area that it now has, with the limits that it has on the date of the signature of the present Treaty...”

In the aftermath of the Fidel Castro-led Revolution of 1959, the Cuban government attempted to rescind the treaty, but the United States contends that Cuba had no legal basis for such a move. When the two countries formally broke off diplomatic ties on January 4, 1961, President Dwight Eisenhower issued the following statement,
“The termination of our diplomatic and consular relations with Cuba has no effect on the status of our Naval Station at Guantanamo. The treaty rights under which we maintain the Naval Station may not be abrogated without the consent of the United States.”

2The decision proved to be a correct one at the time, as Guantanamo Bay proved to be an invaluable strategic asset during the Cuban Missile Crisis of 1962. In the words of Rear Admiral M.E. Murphy of the U.S. Navy (January 5, 1953),
“Guantanamo Bay affords a valuable operating area for the Construction Battalions of the Atlantic Fleet to a degree rivaled by no other naval installation in the world. Here, except for an occasional hurricane and a short season of rain, ideal weather permits a well-planned operating period - usually about six months in length - virtually uninterrupted.”

The United States continues to make their annual rent payment to Cuba to this day. A popular urban myth tells the story of how Cuban President, Fidel Castro, refuses to cash American rent checks for the last five decades as a matter of principle. In reality, Castro never had the chance to make such a symbolic statement as the United States Treasury has been making the rent payment to an account in the name of the Cuban people, inaccessible to the current Castro administration. The 2001 conversion of the naval base into a detention facility has led Cuba to charge the United States of breaking the terms of their lease. During a United Nations assembly on June 14, 2002, Cuba demanded that the United States return the territory to their control.

The Detention Camp


The 9/11 al-Qaeda organized jetliner attacks on the World Trade Center that claimed almost 3,000 American lives precipitated the establishment of the Guantanamo Bay detention camp. In the subsequent War On Terror, the Bush administration believed that the United States was handicapping itself as terrorist groups do not follow the norms of conventional warfare.

1As such, the only way to level the playing field was to play the game on their terms. The immediate incarceration of these terrorists and the intelligence gathered would justify the extreme measures taken. Furthermore, the expected detainees were deemed to be the “the worst of a very bad lot” and considered by some as among the most dangerous terrorists in the world. In the words of General Richard Myers, chairman of the Joint Chiefs of Staff at the time, these terrorists would “chew through a hydraulics cable to bring a C-17 down” - such were their threat.

The Guantanamo Bay detention facility, located outside of the United States territory, ensures captured terrorists receive neither the legal protection nor take advantage of the time-consuming process of the American criminal-justice system. It also protects members of the American armed forces from charges of violating the Uniform Code of Military Justice (Title 10, U.S. Code Chapter 47). The United States, in addition, did not recognize the captured terrorists as enemy combatants, and in doing so, deny them the rights accorded for prisoners of war under the Geneva Convention. The Bush administration claimed that these decisions were made with the safety of American citizens in mind.  

The conversion of the GITMO into a detention facility was completed on October 7, 2001, and operational command fell under the Southern Command Joint Task Force Guantanamo. The first batch of detainees, twenty of them, arrived on January 11, 2002. The total number of detainees incarcerated during its decade-long existence remains unclear, but WikiLeaks documents released in 2008 suggest there have been at least 780 prisoners.

Owing to ongoing operations, actual counter terrorism success using intelligence obtained from GITMO prisoners remains a closely held secret. Nevertheless, supporters of GITMO assert that it is a crucial tool in the ongoing War On Terror (or Overseas Contingency Operation). Former Vice President Dick Cheney recently claimed that the death of Osama Bin Laden should be credited to intelligence obtained from Guantanamo.

Some have pointed out the high rate of recidivism among released detainees as another reason for the facility, citing Abdullah Mehsud as a prime example. Mehsud was the purported mastermind of a 2007 bomb blast in Pakistan that took 31 lives - four years after his release from the GITMO facility.

Critics, however, charge that the Guantanamo Bay detention facility has done irreparable harm to America’s international standing and moral authority in the eyes of the world, and in the process, damaged the country’s leadership in human rights causes and heightened anti-American sentiments, especially among Islamic countries.

It began in the wake of the controversial 2004 case of Rasul vs. Bush (542 U.S. 466). The Supreme Court judged in favor of the petitioners, who had alleged that they were bystanders caught in an indiscriminate dragnet by U.S. Forces in Afghanistan and were subsequently denied legal counsel, the right to habeas corpus and contact with their family and friends. In the immediate aftermath of the Supreme Court judgment, there was a marked increase in the contact between inmates and legal counsels, triggering an avalanche of first hand stories about the facility into the ears of a disbelieving American public.

This coincided with the resignation of the former chief prosecutor of Guantánamo’s Military Commission, Colonel Morris Davis, and its lead prosecutor, Lieutenant Darrel Vandeveld, who left their position under duress after being gradually sidelined for refusing to use evidence obtained through ‘enhanced interrogation techniques’. It also came in the wake of revelations of CIA- supervised prisoner abuse in the Baghdad Correctional Facility in Abu Ghraib, Iraq.

The enhanced interrogation techniques used in the GITMO camp includes,
  • Sensory deprivation and overload

  • Sleep deprivation

  • Electrocution

  • Induced hypothermia

  • Sexual degradation

  • Indiscriminate beatings

  • Religious Persecution (Interrogation conducted by a female contractor wearing bra, miniskirt and thongs; threats of smearing prisoners with fake menstrual blood; groping)

The extent of the abuse prevented an open trial for Mohammed al-Qahtani, a Saudi national and al-Qaeda operative who is believed to be the 20th hijacker for 9/11 (he was turned away by immigration officials at the Orlando International Airport five weeks before 9/11). The Convening Authority of the Guantanamo Military Commission, former judge Susan J. Crawford, ordered the charges against al-Qahtani to be dropped in May 2008, fearing the furor it would generate, as well as the inadmissibility of his confession should his torture became public. Al-Qahtani’s torture took place over a period of several months, sometimes stretching to 20 hours a day. It includes forced administration of an enema, leashing, beatings and enforced self-urination; all which eventually landed him in the hospital.

2The same WikiLeaks documents revealed that 150 released prisoners were ordinary civilians, with absolutely no ties whatsoever to any terrorist groups. Some of them were captured because they were wearing fake Casio watches, thought to be the watch of choice for al-Qaeda operatives.

A number of the remaining detainees were tribal soldiers, farmers and herdsmen who were sent to U.S. garrisons in return for a $5,000 bounty. A few were handed to Pakistani and Afghani authorities as punishment for personal or tribal disputes, sweetened by the same $5,000 reward.

The GITMO camp detainees also included an 89-year old man suffering from dementia and a 14-year old kidnap victim who was initially detained to provide intelligence on his captors’ modus operandi, only to be imprisoned along with the other prisoners.  Also detained was Sami al-Hajj, a reporter with Qatar-based broadcaster, Al-Jazeera, which drew furious reactions of journalists worldwide. All three were eventually released without charges being brought.

These allegations were corroborated in a sworn affidavit filed by Colonel Lawrence Wilkerson, the Chief of Staff for former Secretary of State Colin Powell, in support of a suit brought by former GITMO camp detainee Adel Hassan Hamad against the U.S. government.

Excerpts from Colonel Wilkerson affidavit:
  • “The people who ended up in Guantanamo were mostly turned over to the US by Afghan warlords and others who received bounties of up to $5000 per head for each person they turned in. The majority of the 742 detainees had never seen a U.S. soldier in the process of their initial detention.”

  • “… that the likelihood was high that some of the Guantanamo detainees had been turned in to U.S. forces in order to settle local scores, for tribal reasons, or just as a method of making money...”

  • “… there was no real method of knowing why the prisoner had been detained in the first place…”

  • “… there was no meaningful way to determine whether they were terrorists, Taliban, or simply innocent civilians picked up on a very confused battlefield or in the territory of another state such as Pakistan...”

GITMO camp critics contend that the United States should not condone these blatant transgressions that go against everything the country stands for and the government should immediately charge the remaining prisoners for war crimes in an open court of law or return them to their country of origin.



Current President of the United States

Barack Obama

Presidential Candidate Barack Obama
Obama Position on Guantanamo

General Policy On Guantanamo

Despite President Obama’s campaign pledge of closing the Guantanamo Bay detention facility, and his Executive Order to that effect issued two days after his inauguration, it is increasingly apparent that GITMO is here to stay. However, his promise of halting ‘enhanced interrogation techniques’ in the camp has been fulfilled courtesy of his Executive Order issued on January 22, 2009.
“Section 3: Closure of Detention Facilities at Guantánamo
The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.”
January 22, 2009; Executive Order No: 13492, Signed by President Barack Obama

President Obama continues to face strong resistance in Congress on the subject of GITMO’s closure. The scheduled withdrawal of troops from Afghanistan and Iraq signals the imminent closure of several Army and CIA detention facilities in those countries, which raises an increasing demand for an alternate detention facility for the prisoners held there– a further obstacle to Obama’s plan. He appeared to have accepted the inevitable with the signing of a new Executive Order on March 7, 2011, which extended the shelf-life of GITMO indefinitely.
“… in order to ensure that military detention of individuals now held at the U.S. Naval Station, Guantánamo Bay, Cuba (Guantánamo), who were subject to the interagency review under section 4 of Executive Order 13492 of January 22, 2009, continues to be carefully evaluated and justified, consistent with the national security…

Section 1: Scope and Purpose.
(a) The periodic review described in section 3 of this order applies only to those detainees held at Guantánamo on the date of this order, whom the interagency review established by Executive Order 13492 has (i) designated for continued law of war detention; or (ii) referred for prosecution, except for those detainees against whom charges are pending or a judgment of conviction has been entered.
(b) This order is intended solely to establish, as a discretionary matter, a process to review on a periodic basis the executive branch's continued, discretionary exercise of existing detention authority in individual cases…

Section 2: Standard for Continued Detention.
Continued law of war detention is warranted for a detainee subject to the periodic review in Section 3 of this order if it is necessary to protect against a significant threat to the security of the United States.

Section 3: Periodic Review
The Secretary of Defense shall coordinate a process of periodic review of continued law of war detention for each detainee described in section 1(a) of this order. In consultation with the Attorney General, the Secretary of Defense shall issue implementing guidelines governing the process…”
March 7, 2011; Executive Order No: 13567, Signed by President Barack Obama

On Enhanced Interrogation Techniques

Oppose
“Waterboarding is torture. It’s contrary to America’s traditions, it’s contrary to our ideals, that’s not who we are, that’s not how we operate. We don’t need it in order to prosecute the war on terrorism. We did the right thing by ending that practice. If we want to lead around the world, part of our leadership is setting a good example… And anybody who has actually read about and understands the practice of waterboarding would say that that is torture and that’s not something we do. Period.”
November 15, 2011; President Obama responding to a question on waterboarding in a press conference during the Asia-Pacific Economic Cooperation Summit in Kapolei, Hawaii.



“Section 6: Humane Standards of Confinement
No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.”
January 22, 2009; Executive Order No: 13492, Signed by President Barack Obama

“Section 1.Revocation.Executive Order 13440 of July 20, 2007, is revoked. All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order...

Sec. 3.Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts.
(a)Common Article 3 Standards as a Minimum Baseline.Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340–2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such individuals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States.
(b)Interrogation Techniques and Interrogation-Related Treatment.Effective immediately, an individual in the custody or under the effective control of an officer, employee, or other agent of the United States Government, or detained within a facility owned, operated, or controlled by a department or agency of the United States, in any armed conflict, shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2–22.3 (Manual)… Nothing in this section shall preclude the Federal Bureau of Investigation, or other Federal law enforcement agencies, from continuing to use authorized, non-coercive techniques of interrogation that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises.

Sec. 4.Prohibition of Certain Detention Facilities, and Red Cross Access to Detained Individuals.
(a)CIA Detention.The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.”
January 22, 2009; Executive Order No: 13491, Signed by President Barack Obama

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