Under President Obama's authority, the U.S. Department of Defense has recently released a report stating that the facility at Guantanamo complies with the Geneva Conventions and that detainees are treated humanely. Despite this report, human rights organisations remain concerned with the continued detention and treatment of detainees.

Upon the release of Binyam Mohamed, the number of detainees languishing in Guantanamo Bay now number around 2401. Despite President Obama proclaiming an end to ‘false promises’2 and a return to the rule of law, it is alleged that abuse and torture at Guantanamo Bay has continued. According to recent reports, the facility remains in violation of basic human rights principles and the Geneva Conventions. Ahmed Ghappour, a lawyer who visits detainees regularly has reported that abuse has risen significantly since Obama’s Inauguration3. The report comes after President Obama announced the closure of Guantanamo Bay on the 22nd January, 2009. As part of the executive order, President Obama also ordered a review of conditions of detainment in Guantanamo to ascertain whether they complied with the Geneva Conventions. On the 23rd of February, the Department of Defense (DoD), led by Admiral Patrick Walsh of the US Navy, released a report stating that the conditions were in conformity with Common Article Three of the Geneva Conventions and that detainees were treated humanely. On the same day, the Centre for Constitutional Rights (CCR) also released a paper outlining the current conditions and reaffirmed that the men unlawfully detained were still held in inhumane conditions. Read the full CCR report.

Amnesty International has raised concerns that the review undertaken by the DoD refused to take into consideration past violations. The DoD report also dismissed claims that detainees were subject to torture and abuse by guards including beatings and the use of excessive force. Amnesty International also raised concerns over the extreme solitary confinement, including those captured as juveniles not having access to rehabilitation, socialisation or education. As well as this, the DoD recommended a communal outdoor ‘recreation’ cage and a new weekly movie night where detainees who have earned ‘privileges’ can be chained to a table to watch a movie. Amnesty International is concerned that many detainees will not have access to these ‘privileges’ and that the distinction between those who are labelled ‘compliant’ and ‘non-compliant’ will be used as an excuse to punish detainees suffering from the long term consequences of solitary confinement.

The Injustice Continues

Col. Bruce Vargo is the current Commander of the Joint Detention Group at Guantanamo Bay. In a recent statement he declared;

“Detainees in each detention area within JTF-GTMO [the prison at Guantánamo] receive daily opportunities for recreation and regular opportunities to maintain adequate personal hygiene. There are no solitary confinement detention areas at JTF-GTMO. In all detention areas, detainees have regular contact with other detainees, guards, medical corpsmen who visit the cell block on a regular basis, and other personnel involved in the delivery of other services to detainees. Detainees typically are able to communicate with other detainees either face-to-face or by spoken word from their cells throughout the day”4

CCR describes the statement as “both deeply deceptive and a disturbing signal from the Obama administration....attempting to sanitize the conditions for the men detained in the most restrictive facilities- Camps 5, 6 and Echo.”5 Many of these men have been held for seven years without trial or access to a lawful court system. Some have been rendered from a third country as a part of the CIA’s extraordinary rendition program. The men live in constant fear of being physically assaulted and abused6. In a report entitled Broken Laws, Broken Lives compiled by Physicians for Human Rights (PHR), first hand accounts are given by former detainees outlining the treatment they endured from U.S. personnel and the subsequent impact on their lives. All of the men interviewed continue to experience trauma related to torture and ill treatment7. The trauma does not end when detainees are released, it will impact the rest of their lives. The situation remains unacceptable and must not continue.

Speaking Out

Many former Bush officials, FBI agents, prosecution and defense lawyers, interrogators, military physicians and former guards have been speaking out about violations they have witnessed. Most recently, Lawrence B. Wilkerson, former chief of staff to then secretary of state Colin Powell has publically stated on an online blog that many detainees "clearly had no connection to al-Qaida and the Taliban and were at the wrong place at the wrong time. Pakistani's turned many over for $5000 a head"8. Wilkerson also stated that U.S leadership had become aware of this very early on but to have admitted this would have "been a black mark on their leadership"9. Wilkerson did however state that there were two dozen people detained who needed to be incacerated in a maximum security prison, but admitted that they could not be tried "because we tortured them and didn't keep an evidence trail"10.

Also in the News

In the case of Mohamed et. al. vs. Jeppeson Dataplan, Inc., a lawsuit against the flight company allegedly involved in the CIA's extrodinary rendition program, the Obama administration has made the decision to continue the use of the 'State Secrets Privilege'. This, in effect means that torture victims will continue to be unable to seek redress in American courts because according to Obama officials discussing detention and treatment may threaten national security11. According to the BBC, the CIA has also admitted to destroying 92 interview tapes after a 2005 ruling ordering the preservation of all evidence regarding the alleged treatment at Guantanamo Bay. The tapes are alleged to contain evidence of waterboarding, forced standing, and other abuses which would ammount to torture, cruel and unusual treatment or punnishment.

The U.S. Justice Department has announced that 38-year-old Aymen Saeed Batarfi, a Yemeni national will be released as soon as they can find a country to take him. Mr. Batarfi was first held at Bagram Air base before being transferred to Guantanamo in April 2002. The question of where to release Guantanamo detainees has caused much debate amongst the international community.

Binyam Mohamed has confirmed in an interview with Cageprisoners that he witnessed the detention of Pakistani neuroscientist, Dr Aafia Siddiqui at the Bagram Air Base where he was held before being transferred to Guantanamo Bay. Another ex-Guantanamo detainee, Moazzam Begg, has stated that he heard the screams of a woman when he was detained at Bagram who he was led to believe was his wife. They now believe that this was Dr Aafia Siddiqui who was allegedly kidnapped with her children in 2003 from Karachi.

More to be Done

Although the commitment to close Guantanamo Bay is one to be applauded, much still remains to be done. A commitment to human rights does not mean that we are excusing or condoning terrorism, it is quite the contrary. We are setting the expected level of treatment for the other as well as ourselves. Human rights norms are there to protect all of us as human beings. To deny human rights to one person in the name of freedom and democracy, is to deny any rights we have ourselves.

References

  1. As at 19th March, 2009. JTF Guantanamo website. http://www.jtfgtmo.southcom.mil/about.html
  2. President Obama’s Inaugural Address, 20th January, 2009.
  3. Ahmed Ghappour, interview with Reuters, 25th February, 2009. “Exclusive: Lawyer says Guantanamo Abuse Worse Since Obama.” Luke Baker.
  4. Khan Tumani v. Obama, No. 05-cv-526 (D.C. Cir. Feb. 13, 2009) (Declaration of Bruce E. Vargo at ¶ 4).
  5. Centre for Constitutional Rights, Current Conditions of Confinement at Guantanamo: Still in Violation of the Law, February 23, 2009. P.14
  6. ibid. p.15.
  7. Physicians for Human Rights, Broken Laws, Broken Lives: Medical Evidence of Torture by U.S. Personnel and its Impact. Retrieved June 2008 from http://brokenlives.info/?page_id=69
  8. Andrew O. Selsky, "ex-Bush Admin Official: Many at Gitmo are Innocent". Retrieved 20th March from http://www.google.com/hostednews/ap/article/ALeqM5ie2Gewi7L3__bSzBds095stmE88QD971FBSO1. para.8.
  9. ibid. para.7.
  10. ibid.para.10.
  11. National Journal online. ACLU: Obama State Secrets Claim Sets Bad Precedent: Human Rights Lawyer Warns Of Repercussions As Obama Maintains Bush Defense In Rendition CaseThursday, March 19, 2009. Retrieved 20th March, 2009 from http://www.nationaljournal.com/njonline/ii_20090319_3839.php