The deadline sat by President Obama has now passed, and the doors of Guantanamo bay remain open. Of the 799 prisoners who have languished within its walls, 574 have been released and roughly 110 have been cleared for release but remain illegally detained.

A presidential taskforce was established upon the election of President Obama to decide which detainees should be released, who should be prosecuted and whether there was sufficient or untainted evidence. The reports findings have been released only to a handful of journalists, and it is no wonder the secrecy considering its contents.

The report concluded that of the approximatley 192 detainees that remain, ‘roughly’ 50 will spend the rest of their lives detained indefinitely without charge. An administration official commented that "they are too difficult to prosecute but too dangerous to release"1. Although the administration official did not elaborate on what those 'difficulites' may be, the lack of evidence and the techniques employed to gain confessions remain a likely contributing factor. Evidence obtained through the use of torture, cruel, inhuman and degrading treatment cannot be used in civilian trials.

The report also concluded that out of nearly 800 men, only 35 should face trial. This is a minute number compared to the 60 or 70 that the Pentagon announced would be prosecuted by Military Commissions previously. Of the 35 men to face trial, the use of Military Commissions will not be ruled out. Amnesty International has repeatedly raised its concerns about these trials as they do not meet international standards for fair trials and should be abandoned altogether2.

Amnesty International remains concerned for the 110 men who have been cleared for release. Nearly half of all detainees at Guantanamo are from Yemen. In reaction to the alleged bombing attempt on Christmas day, President Obama ordered that no more detainees be repatriated to Yemen, even if they had already been cleared for release3. Amnesty International believes those detainees who have been cleared for release should be immediately repatriated to their home countries, or a third country if they are at risk of torture or persecution. All detainees should be afforded fair and transparent trials in U.S. federal courts, of if there is no evidence or if evidence has been tainted, they must be released in accordance with the rule of law and principles of justice.

References

  1. Charlie Savage, ‘Detainees Will Still be Held, but Not Tried, Official Says’, New York Times, 20th January, 2010. Available at; http://www.nytimes.com/2010/01/22/us/22gitmo.html

  2. See Amnesty International, 'Trials in Error: Military Commissions', 12th October, 2009. Available at, http://www.amnesty.org.au/hrs/comments/21836/

  3. Jaclyn Belczyk, 'US Suspending Detainee Transfers to Yemen', Jurist Legal News and Research, 5th January, 2010. Available at; http://jurist.law.pitt.edu/paperchase/2010/01/us-to-suspend-guantanamo-detainee.php