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dev-2128-9
On 4 November 2015, President Barack Obama stated that he was preparing to unveil a plan to close the facility and move some of the terrorism suspects held there to U.S. soil. The plan would propose one or more prisons from a working list that includes facilities in Kansas, Colorado and South Carolina. Two others that ...
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Camp Delta is a 612-unit detention center finished in April 2002. It includes detention camps 1 through 6, as well as Camp Echo, where pre-commissions are held.[26]
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Camp X-Ray was a temporary detention facility, which was closed in April 2002. Its prisoners were transferred to Camp Delta.
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In 2008, the Associated Press reported Camp 7, a separate facility on the naval base that is considered the highest security jail on the base, and its location is classified.[27] It is used to house high-security detainees formerly held by the CIA.
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In January 2010, Scott Horton published an article in Harper's Magazine describing "Camp No", a black site about a mile outside the main camp perimeter, which included an interrogation center. His description was based on accounts by four guards who had served at Guantanamo. They said prisoners were taken one at a time...
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From 2003 to 2006, the CIA operated a small site, known informally as "Penny Lane," to house prisoners whom the agency attempted to recruit as spies against Al-Qaeda. The housing at Penny Lane was less sparse by the standards of Guantanamo Bay, with private kitchens, showers, televisions, and beds with mattresses. The ...
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Since January 2002, 779 men have been brought to Guantanamo.[29][30] Nearly 200 were released by mid-2004, before there had been any CSRTs (Combatant Status Review Tribunal) to review whether individuals were rightfully held as enemy combatants.[clarification needed][31] Of all detainees at Guantanamo, Afghans were the...
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Although the Bush administration said most of the men had been captured fighting in Afghanistan, a 2006 report prepared by the Center for Policy and Research at Seton Hall University Law School reviewed DoD data for the remaining 517 men in 2005 and "established that over 80% of the prisoners were captured not by Ameri...
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Top Department of Defense (DoD) officials often referred to these prisoners as the "worst of the worst", but a 2003 memo by then-Secretary of Defense Donald Rumsfeld said "We need to stop populating Guantanamo Bay (GTMO) with low-level enemy combatants... GTMO needs to serve as an [redacted] not a prison for Afghanista...
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Eight men have died in the prison camp; DoD has said that six were suicides. DoD reported three men, two Saudis and a Yemeni, had committed suicide on 10 June 2006. Government accounts, including an NCIS report released with redactions in August 2008, have been questioned by the press, the detainees' families, the Saud...
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An estimated 17 to 22 minors under the age of 18 were detained at Guantánamo Bay, and it has been claimed that this is in violation of international law. According to Chaplain Kent Svendsen who served as chaplain for the detention centers from 2004 to 2005 there were no minor detainees at the site upon starting his ass...
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In July 2005, 242 detainees were moved out of Guantanamo, including 173 who were released without charge. Sixty-nine prisoners were transferred to the custody of governments of other countries, according to the U.S. Department of Defense.[38]
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The Center for Constitutional Rights has prepared biographies of some of the prisoners currently being held in Guantanamo Prison.[39]
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By May 2011, 600 detainees had been released.[31] Most of the men were released without charges or transferred to facilities in their home countries. According to former U.S. president Jimmy Carter, about half were cleared for release, yet had little prospect of ever obtaining their freedom.[40]
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As of June 2013, 46 detainees (in addition to two who were deceased) were designated to be detained indefinitely, because the government said the prisoners were too dangerous to transfer and there was insufficient admissible evidence to try them.[41]
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It has been reported that prisoners cooperating with interrogations have been rewarded with Happy Meals from the McDonald's on base.[42]
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In September 2006, President Bush announced that fourteen "high-value detainees" were to be transferred to military custody of the Guantánamo Bay detention camp from civilian custody by the CIA. He admitted that these suspects had been held in CIA secret prisons overseas, known as black sites. These people include Kha...
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None of the 14 top figures transferred to Guantánamo from CIA custody had been charged with any war crime.[44] In 2011, human rights groups and journalists found that some of these prisoners had been taken to other locations, including in Europe, and interrogated under torture in the U.S. extraordinary rendition progr...
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On 11 February 2008, The U.S. military charged Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa Ahmad al-Hawsawi, Ali Abd Al-Aziz Ali and Walid bin Attash of committing the September 11 attacks under the military commission system, as established under the Military Commissions Act of 2006 (MCA).[47] In Boumediene v....
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On 5 February 2009, charges against Abd al-Rahim al-Nashiri were dropped without prejudice after an order by Obama to suspend trials for 120 days.[48] Abd Al-Rahim Al-Nashiri was accused of renting a small boat connected with the USS Cole bombing. He is one of the detainees known to have been interrogated with waterboa...
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In 2010, Colonel Lawrence Wilkerson, a former aide to Secretary of State Colin Powell, stated in an affidavit that top U.S. officials, including President George W. Bush, Vice President Dick Cheney, and Secretary of Defense Donald Rumsfeld, had known that the majority of the detainees initially sent to Guantánamo were...
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A 2013 Institute on Medicine as a Profession (IMAP) report concluded that health professionals working with the military and intelligence services "designed and participated in cruel, inhumane and degrading treatment and torture of detainees". Medical professionals were ordered to ignore ethical standards during involv...
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Supporters of controversial techniques have declared that certain protections of the Third Geneva Convention do not apply to Al-Qaeda or Taliban fighters, claiming that the Convention only applies to military personnel and guerrillas who are part of a chain of command, wear distinctive insignia, bear arms openly, and a...
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One of the allegations of abuse at the camp is the abuse of the religion of the detainees.[62][63][64][65][66][67] The U.S. government has claimed that it respects all religious and cultural sensitivities. Prisoners released from the camp have alleged incidents of abuse of religion including flushing the Quran down the...
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Red Cross inspectors and released detainees have alleged acts of torture,[69][70] including sleep deprivation, beatings and locking in confined and cold cells.
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The use of Guantánamo Bay as a military prison has drawn criticism from human rights organizations and others, who cite reports that detainees have been tortured[71] or otherwise poorly treated. Supporters of the detention argue that trial review of detentions has never been afforded to prisoners of war, and that it i...
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Three British Muslim prisoners, known in the media at the time as the "Tipton Three", were repatriated to the United Kingdom in March 2004, where officials immediately released them without charge. The three have alleged ongoing torture, sexual degradation, forced drugging and religious persecution being committed by U...
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An Associated Press report claims that some detainees were turned over to the U.S. by Afghan tribesmen in return for cash bounties.[84] The first Denbeaux study, published by Seton Hall University Law School, reproduces copies of several leaflets, flyers and posters the U.S. government distributed to advertise the boun...
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Hunger-striking detainees claimed that guards were force feeding them in the fall of 2005: "Detainees said large feeding tubes were forcibly shoved up their noses and down into their stomachs, with guards using the same tubes from one patient to another. The detainees say no sedatives were provided during these procedu...
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In 2005, it was reported that sexual methods were allegedly used by female interrogators to break Muslim prisoners.[100] In a leaked 2007 cable, a State Department official requested an interview of a released Libyan national complaining of an arm disability and tooth loss that happened during his detention and interro...
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In May 2013, detainees undertook a widespread hunger strike; they were subsequently being force fed until the U.S. Government stopped releasing hunger strike information, due to its having "no operational purpose"[102]. During the month of Ramadan that year, the US military claimed that the amount of detainees on hunge...
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Attorney Alka Pradhan is petitioning a military judge to order the release of art made in her client's Ammar al-Baluchi's cell. She had complained that painting and drawing was made difficult, and he was not let to give his artwork to his attorneys.[105]
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By May 2011, there had been at least six suicides in Guantánamo that have been reported.[31][106]
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During August 2003, there were 23 suicide attempts. The U.S. officials did not say why they had not previously reported the incident.[107] After this event, the Pentagon reclassified alleged suicide attempts as "manipulative self-injurious behaviors"; camp physicians alleged that detainees do not genuinely wish to end ...
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On 10 June 2006 three detainees were found dead, who, according to the Pentagon, "killed themselves in an apparent suicide pact."[110] Prison commander Rear Admiral Harry Harris claimed this was not an act of desperation, despite prisoners' pleas to the contrary, but rather "an act of asymmetric warfare committed again...
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Highly disturbed about the deaths of its citizens under U.S. custody, the Saudi government pressed the United States to release its citizens into its custody. From June 2006 through 2007, the U.S. released 93 detainees (of an original 133 Saudis detained) to the Saudi Arabian government. The Saudi government developed ...
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The Center for Policy and Research published Death in Camp Delta (2009), its analysis of the NCIS report, noting many inconsistencies in the government account and said the conclusion of suicide by hanging in their cells was not supported.[115][116] It suggested that camp administration officials had either been grossl...
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In January 2010 Scott Horton published an article in Harper's Magazine disputing the government's findings and suggesting the three died of accidental manslaughter following torture. His account was based on the testimony of four members of the Military Intelligence unit assigned to guard Camp Delta, including a decora...
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The International Committee of the Red Cross (ICRC) inspected the camp in June 2004. In a confidential report issued in July 2004 and leaked to The New York Times in November 2004, Red Cross inspectors accused the U.S. military of using "humiliating acts, solitary confinement, temperature extremes, and use of forced po...
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dev-2128-48
On 30 November 2004, The New York Times published excerpts from an internal memo leaked from the U.S. administration,[122] referring to a report from the International Committee of the Red Cross (ICRC). The ICRC reports of several activities that, it said, were "tantamount to torture": exposure to loud noise or music, ...
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The ICRC's access to the base was conditioned, as is normal for ICRC humanitarian operations, on the confidentiality of their report. Following leaking of the U.S. memo, some in the ICRC wanted to make their report public or confront the U.S. administration. The newspaper said the administration and the Pentagon had se...
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According to a 21 June 2005 New York Times opinion article,[127] on 29 July 2004, an FBI agent was quoted as saying, "On a couple of occasions, I entered interview rooms to find a detainee chained hand and foot in a fetal position to the floor, with no chair, food or water. Most times, they had urinated or defecated on...
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Many of the released prisoners have complained of enduring beatings, sleep deprivation, prolonged constraint in uncomfortable positions, prolonged hooding, sexual and cultural humiliation, forced injections, and other physical and psychological mistreatment during their detention in Camp Delta.
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In 2004 Army Specialist Sean Baker, a soldier posing as a prisoner during training exercises at the camp, was beaten so severely that he suffered a brain injury and seizures.[129] In June 2004, The New York Times reported that of the nearly 600 detainees, not more than two dozen were closely linked to al-Qaeda and that...
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Mohammed al-Qahtani, nicknamed the "20th hijacker of 9/11" was refused entry at Orlando International Airport, which stopped him from his plan to take part in the 9/11 attacks. During his Guantánamo interrogations, he was given 3 1/2 bags IV fluid, then he was forbidden to use the toilet, forcing him to soil himself. ...
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The Washington Post, in an 8 May 2004 article, described a set of interrogation techniques approved for use in interrogating alleged terrorists at Guantánamo Bay. Kenneth Roth, executive director of Human Rights Watch, characterized them as cruel and inhumane treatment illegal under the U.S. Constitution.[134] On 15 Ju...
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In "Whose God Rules?" David McColgin, a defense attorney for Guantanamo detainees, recounts how a female government interrogator told Muslim detainees she was menstruating, "slipped her hand into her pants and pulled it out with a red liquid smeared on it meant to look like menstrual blood. The detainee screamed at the...
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The BBC published a leaked FBI email from December 2003, which said that the Defense Department interrogators at Guantánamo had impersonated FBI agents while using "torture techniques" on a detainee.[136]
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In an interview with CNN's Wolf Blitzer in June 2005, Dick Cheney defended the treatment of prisoners at Guantánamo:
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There isn't any other nation in the world that would treat people who were determined to kill Americans the way we're treating these people. They're living in the tropics. They're well fed. They've got everything they could possibly want.[137]
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The United States government, through the State Department, makes periodic reports to the United Nations Committee Against Torture. In October 2005, the report covered pretrial detention of suspects in the "War on Terrorism", including those held in Guantánamo Bay. This Periodic Report is significant as the first offic...
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Writing in The New York Times on 24 June 2012, former President Jimmy Carter criticized the methods used to obtain confessions: "...some of the few being tried (only in military courts) have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually...
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A manual called "Camp Delta Standard Operating Procedure" (SOP), dated 28 February 2003, and designated "Unclassified//For Official Use Only", was published on Wikileaks. This is the main document for the operation of Guantánamo Bay, including the securing and treatment of detainees. The 238-page document includes pro...
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On 2 July 2008, The New York Times revealed that the U.S. military trainers who came to Guantánamo Bay in December 2002 had based an entire interrogation class on a chart copied directly from a 1957 Air Force study of "Chinese Communist" interrogation methodology (commonly referred to as 'brainwashing') that the Unite...
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It should be understood that only a few of the Air Force personnel who encountered efforts to elicit false confessions in Korea were subjected to really full dress, all-out attempts to make them behave in the manner I have sketched. The time between capture and repatriation for many was too short, and, presumably, the ...
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It is unclear from the article whether the "sketch" of techniques set out in the chart are supported by evidence from prisoner interviews or whether it simply presents "communist" methodology in idealized form in accordance with the conventions of the time. While the chart ostensibly presents the methodology of the "en...
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The article was motivated by the need for the United States to deal with prominent confessions of war crimes obtained by Chinese interrogators during the Korean War. It was alleged at the time that American prisoners of war who had confessed had been "brainwashed". The allegation was taken seriously by the American mil...
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What makes this document doubly stunning is that these were techniques to get false confessions. People say we need intelligence, and we do. But we don't need false intelligence.[143][144]
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Senior law enforcement agents with the Criminal Investigation Task Force told msnbc.com in 2006 that they began to complain inside the Defense Department in 2002 that the interrogation tactics used by a separate team of intelligence investigators were unproductive, not likely to produce reliable information and probabl...
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General Counsel Mora and Navy Judge Advocate General Michael Lohr believed the detainee treatment to be unlawful and campaigned among other top lawyers and officials in the Defense Department to investigate, and to provide clear standards prohibiting coercive interrogation tactics.[146]
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In response, on 15 January 2003, Donald Rumsfeld suspended the approved interrogation tactics at Guantánamo until a new set of guidelines could be produced by a working group headed by General Counsel of the Air Force Mary Walker. The working group based its new guidelines on a legal memo from the Department of Justic...
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General Counsel Mora led a faction of the Working Group in arguing against these standards, and argued the issues with Yoo in person. The working group's final report, was signed and delivered to Guantánamo without the knowledge of Mora and the others who had opposed its content. Nonetheless, Mora has maintained that ...
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On 1 May 2005, The New York Times reported on a high-level military investigation into accusations of detainee abuse at Guantánamo, conducted by Lt. Gen. Randall M. Schmidt of the Air Force, and dealing with:
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accounts by agents for the Federal Bureau of Investigation who complained after witnessing detainees subjected to several forms of harsh treatment. The F.B.I. agents wrote in memorandums that were never meant to be disclosed publicly that they had seen female interrogators forcibly squeeze male prisoners' genitals, and...
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In June 2005, the United States House Committee on Armed Services visited the camp and described it as a "resort" and complimented the quality of the food. Democratic members of the committee complained that Republicans had blocked the testimony of attorneys representing the prisoners.[150] On 12 July 2005, members of ...
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The Senate Armed Services Committee Report on Detainee Treatment was declassified and released in 2009. It stated,
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The abuse of detainees in U.S. custody cannot simply be attributed to the actions of "a few bad apples" acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and auth...
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On 14 September 2001, Congress passed the Authorization for Use of Military Force Against Terrorists, giving the President of the United States broad powers to prosecute a War on Terror in response to the September 11 attacks.[152] Secretary of State Colin Powell and State Department Legal Advisor William Howard Taft I...
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However, Assistant Attorney General for the Office of Legal Counsel Jay Bybee, relying on the unitary executive theory developed by Deputy Assistant Attorney General John Yoo, advised the President in a series of memos that he could hold enemy combatants abroad, indefinitely, without Congressional oversight, and free f...
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On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention. U.S. District Judge Colleen Kollar-Kotelly denied the detainees' petitions on 30 July 2002, finding that aliens in Cuba had no access to U.S. courts.[155]
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In Al Odah v. United States, a panel of the United States Court of Appeals for the District of Columbia Circuit including Judge Merrick Garland affirmed on 11 March 2003.[156]
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On 28 June 2004, the Supreme Court of the United States decided against the Government in Rasul v. Bush.[157] Justice John Paul Stevens, writing for a five-justice majority, held that the detainees had a statutory right to petition federal courts for habeas review.[158]
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That same day, the Supreme Court ruled against the Government in Hamdi v. Rumsfeld.[159] Justice Sandra Day O'Connor wrote the four-justice plurality opinion finding that an American citizen detained in Guantanamo had a constitutional right to petition federal courts for habeas review under the Due Process Clause.[158]
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Deputy Defense Secretary Paul Wolfowitz responded by creating "Combatant Status Review Tribunals" (CSRTs) to determine if detainees were unlawful combatants.[160][161] Detainees' habeas petitions to the United States District Court for the District of Columbia were consolidated into two cases.[162] In one, Judge Richar...
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The Combatant Status Reviews were completed in March 2005. Thirty-eight of the detainees were found not to be enemy combatants. After the dossier of determined enemy combatant Murat Kurnaz was accidentally declassified Judge Green wrote it "fails to provide significant details to support its conclusory allegations, doe...
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The Washington Post included the following cases as among those showing the problems with the CSRT process: Mustafa Ait Idir, Moazzam Begg, Murat Kurnaz, Feroz Abbasi, and Martin Mubanga.[168][167]
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On 15 July 2005, a panel of the D.C. Circuit including then-Circuit Judge John Roberts vacated all those lower rulings and threw out the detainees' petitions.[169] On 7 November 2005, the Supreme Court agreed to review that judgment. On 30 December 2005, Congress responded by passing the Detainee Treatment Act, which c...
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On 29 June 2006, the Supreme Court decided against the Government in Hamdan v. Rumsfeld.[170] Justice Stevens, writing for a five-justice majority, found that courts had jurisdiction to hear those detainees' petitions which had been filed before Congress enacted the DTA and that the CSRTs violated the Geneva Convention...
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Congress responded by passing the Military Commissions Act of 2006, which gave statutory authorization to the CSRTs and was explicit in retroactively stripping detainees of any right to petition courts for habeas review.[172] On 20 February 2007, D.C. Circuit Judge A. Raymond Randolph, joined by Judge David B. Sentelle...
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On 12 June 2008, the U.S. Supreme Court decided against the Government in Boumediene v. Bush.[174] Justice Anthony Kennedy, writing for a five-justice majority, held that the detainees had a right to petition federal courts for writs of habeas corpus under the United States Constitution.[152] Justice Antonin Scalia str...
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After being ordered to do so by U.S. District Judge Jed S. Rakoff, on 3 March 2006, the Department of Defense released the names of 317 of the about 500 alleged enemy combatants being held in Guantánamo Bay, citing again privacy concerns as reason to withhold some names.[175][176]
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French judge Jean-Claude Kross 27 September 2006, postponed a verdict in the trial of six former Guantánamo Bay detainees accused of attending combat training at an al Qaeda camp in Afghanistan, saying the court needs more information on French intelligence missions to Guantánamo. Defense lawyers for the six men, all F...
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On 21 October 2008, United States district court Judge Richard J. Leon ordered the release of the five Algerians held at Guantánamo Bay, Cuba, and the continued detention of a sixth, Bensayah Belkacem.[178]
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In the summer of 2012, the government instituted a new protocol for civilian attorneys representing Guantanamo prisoners. It required lawyers to sign a Memorandum of Understanding, in which they agreed to certain restrictions, in order to continue to see their clients.[179] A federal court order had governed lawyers' a...
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Under the rules of the MOU, lawyers' access was restricted for those detainees who no longer have legal challenges pending. The new government rules tightened access to classified information and gave the commander of the Joint Task Force Guantanamo complete discretion over lawyers' access to the detainees, including v...
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On 6 September 2012, U.S. District Chief Judge Royce C. Lamberth rejected the government's arguments. Writing that the government was confusing "the roles of the jailer and the judiciary," Judge Lamberth rejected the military's assertion that it could veto meetings between lawyers and detainees.[180] Judge Lamberth rul...
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In April 2004, Cuban diplomats tabled a United Nations resolution calling for a UN investigation of Guantánamo Bay.[181]
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In May 2007, Martin Scheinin, a United Nations rapporteur on rights in countering terrorism, released a preliminary report for the United Nations Human Rights Council. The report stated the United States violated international law, particularly the International Covenant on Civil and Political Rights, that the Bush Adm...
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Some have argued in favor of a summary execution of all unlawful combatants, using Ex parte Quirin as the precedent, a case during World War II that upheld the use of military tribunals for eight German saboteurs caught on U.S. soil while wearing civilian clothes. The Germans were deemed to be unlawful combatants and t...
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A report by the American Bar Association commenting on this case, states that the Quirin case "... does not stand for the proposition that detainees may be held incommunicado and denied access to counsel." The report notes that the Quirin defendants could seek review and were represented by counsel.[188]
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A report published in April 2011 in the PLoS Medicine journal looked at the cases of nine individuals for evidence of torture and ill treatment and documentation by medical personnel at the base by reviewing medical records and relevant legal case files (client affidavits, attorney–client notes and summaries, and leg...
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The group Physicians for Human Rights has claimed that health professionals were active participants in the development and implementation of the interrogation sessions, and monitored prisoners to determine the effectiveness of the methods used, a possible violation of the Nuremberg Code, which bans human experimentati...
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The actual base itself, which is considered legally to be only leased by the Cuban government to the American navy, resides on territory that is recognized by both governments to be sovereign Cuban territory. The actual legality of the base and the prison itself has been called into question.
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Guantanamo bay was leased by Cuba to the American government through the "Agreement Between the United States and Cuba for the Lease of Lands for Coaling and Naval stations", signed by the President of Cuba and the President of the United States on 23 February 1903. The post-1959 Cuban government has repudiated the agr...
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Furthermore, the actual lease agreement from 1903 specifically wrote in the text under article 2:
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The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, an...
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The wording that states 'for use as coaling or naval stations only, and for no other purpose' could imply that it was illegal for the United States to operate a prison for terror suspects on the leased land.
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The American Bar Association announced that: "In response to the unprecedented attacks of September 11, on November 13, 2001, the President announced that certain non-citizens [of the US] would be subject to detention and trial by military authorities. The order provides that non-citizens whom the government deems to b...
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On 28 and 29 September 2006, the U.S. Senate and House of Representatives, respectively, passed the Military Commissions Act of 2006, a controversial bill that allows the President to designate certain people with the status of "unlawful enemy combatants" thus making them subject to military commissions, where they hav...
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In 2007, Camp Justice was the informal name granted to the complex where Guantánamo detainees would face charges before the Guantanamo military commissions, as authorized by the Military Commissions Act of 2006. It was named by Sgt Neil Felver of the 122 Civil Engineering Squadron in a name the camp contest.[193][194][...
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