Should Guantanamo Bay Be Shut Down or Not - Research Paper Example

GUANTANAMO BAY Zarmina Babar INT 500 Paul Medhurst April 16, Chapter Introduction For years Prisoners’ of War have played an important role in source of intelligence about plans and capabilities. Those who were captured and detainees as a result of United States war on terror that followed the attacks of September 11 are not considered Prisoner of War but unlawful enemy taking part in the war. Those detained were held in different installations around the world operated by different agencies. Some are held at United States bases in Afghanistan,but the best known facility is Guantanamo Bay, also known as GITMO or Guantanamo. In 2003 United States military prison of the detention camp was established. Most of the detainees there are from the Afghanistan and Iraq war. The Guantanamo Bay naval base was established following a 1903 agreement between Cuba and the US (The Cuban-American Treaty), and is currently operated under what is effectively an indefinite lease. Soon after the War on Terror in Afghanistan, a Joint Task Force Guantanamo was established and tasked to stand up the War on Terrorism detainee mission, with Guantanamo having been selected specifically because it was thought that it is technically Cuban territory, leased to the US military – and if the detainees are never brought to American soil, they can have no recourse to appeals under US federal law. Even according to a BBC news report, the proximity of Cuba and the strategic importance it has with respect to legal challenges the Bush Administration could have encountered if these detainees were on American soil were all a part of the decision making process involved in selection of this particular site (Afghan captives start Cuba detention, BBC News, 12 January 20021). The conflict in Afghanistan led to a considerable influx of detainees arriving at Guantanamo. The first detainees who arrived at Guantanamo in January of 2002 were housed in ‘Camp X-Ray’ under very strict security. As the war continued, the number of prisoners at Guantanamo grew so fast that “by mid-2004, over seven hundred detainees 9from forty-four nations, some as young as thirteen, would pass through Guantanamo” (Afghan captives start Cuba detention, BBC News, 12 January 20022). As a result of such influx of detainees from around the world to Guantanamo and the need to produce actionable intelligence as timely as possible, military intelligence units at Guantanamo adopted a 72-point matrix for stress and duress designed to subject detainees to rising level of pain. It was reported that: Interrogators at Guantanamo also appear to have developed techniques that went beyond the framework created by 72-point matrix for stress and duress. These reportedly included techniques that would include subjecting Arab detainees to sexual humiliation through female interrogators. Many of the sensory deprivation techniques were refined overtime and extended as detainees were subjected to in certain cases up to 160 days of isolation, extreme temperature variations and being forced into various stress positions. There is a wealth of material that can be obtained that testifies to the extent of which the detainees at Guantanamo were handled in manners that could be argued to have violated the legal regime. There is also no shortage of documentation detailing the interrogation practices at Guantanamo. Therefore, it may not be really necessary to detail or discuss every instance of perpetuation of torture in detail. Considering whether or not such treatment breached Geneva Conventions, the International Committee of Red Cross (ICRC) visited the detention facility in June of 2003. The ICRC found that: “the construction of such a system, whose stated purpose is the production of intelligence, cannot be considered other than an international system of cruel, unusual and degrading treatment and a form of torture”3. Research Question The research question for this study was “should Guantanamo bay be shut down or not” Hypothesis The hypothesis is that the research question would return a positive answer with most of the research reaching conclusions that support for the closure of the prison. However, there is the possibility that negative responses to this question will be reached. Chapter 2 Review of the Literature “Deemed the “Enemy combatants” by the U.S. Government, hundreds of detainees being held in Guantanamo Bay were considered ineligible for the legal process that U.S. prisoners are entitled to. Unprotected by the prisoner of war statutes of the Geneva Convention by virtue of being alleged combatants of a “Foreign terrorist group” rather than belonging to a standing foreign army” 4.” A U.S. Supreme Court ruling later that year blocked the tribunals and allowed prisoners to petition for habeas corpus in a federal court” (6). “Housing the remaining detainees on the U.S. mainland to await trial is fraught with issues of its own, including a debate over what type of court would be best equipped to handle such cases, the technical aspects of repatriating and releasing any prisoners cleared of guilt and the question of how or whether to try suspects against whom evidence has been gathered through torture or classified means”(6). The first 20 prisoners arrived at Guantanamo on Jan 11,2002 from Afghanistan. They were detained under a Military Order issued by President Bush after the 9/11 attacks allowing individuals to be held without charge indefinitely. On Feb 7,2002, Bush signed a memorandum excluding them from prisoner of war status (POW) and Article 3 of the Geneva Convention; Article 3 prohibits unfair trials, torture, cruelty and outrages on human dignity. On March 14, 2008, the last known prisoner arrived at Guantanamo Bay. At its peak capacity,Guantanamo has housed about 660 prisoners (November 2003). 12 of these prisoners were children under the age of 16. Some inmates were transferred to the prison after being held for months or years in detention at so-called CIA black sites. This included 14 men in 2006 referred to as high value detainees. Of the 779 held at Guantanamo, 600 detainees have been transferred to 50 countries. Some have been repatriated to face trial in their home country and others released pending no further trial. In some cases repatriation resulted in documented human rights abuses. In other cases, where repatriation was not possible due to the threat of torture or death, US authorities have, via diplomatic means, resettled detainees in 16 countries. Two Algerians have been forcibly repatriated against their will, after petitioning to stay at Guantanamo. In the case of three juvenile prisoners released in 2004, they claimed that the conditions (including schooling) in detention were better than those available to them in their native Afghanistan. Chapter 3 Methodology and Research Strategy This study undertakes the task of determining the perception of the public on the closure or continual operation of the Guantanamo bay. Some researchers and scholars including Stjepan Mestrovic (2007) have found Durkheim’s theory of anomie to be an adequate source of explanation for the torture and human rights violations committed by the United States in its war against terrorism. This research will explore the past case studies as well as literature reviews and documented facts on the operation of the prison. Case study as a Research Method The case study is the in-depth examination of a single instance of some social phenomenon5. Here, case study was found to be the preferred method because this strategy is ideal when “how” and “why” questions are being posed. The goal here is to design a good case study and to collect, present, and analyze data fairly. Moreover, with a focus on a contemporary phenomenon such as torture in the context of war against terrorism, as a researcher, any control over events that will be studied was very limited. Therefore, case study method would be ideal to facilitate the research. The case study method allows investigators to retain the holistic and meaningful characteristics of real life events such as individual life cycles, organizational and managerial processes, neighborhood change, international relations, and the maturation of industries6. As a research strategy, the case study is also used in 34 many situations to contribute to our knowledge of individual, group, organizational, social, and political phenomenon. The case study has also been a common research strategy in psychology, sociology, political science, social work, business, and community planning. In all these realms, the need to employ case study method has mainly resulted from the desire to understand complex social phenomenon (Yin, 2003). Chapter 4 Data Analysis The following are conclusions reached upon conducting a case study of the Guantanamo Bay. Many people throughout the world believe that Guantanamo Bay is succeeding in its intended purpose. It is keeping captured terrorists suspects from harming anyone and deterring others from committing acts of terrorism. Of course, others feel it is a torturous and inhumane prison. There is no question controversy has and will continue to surround the detention facility. For the past six years, the entire world has debated the value and morality of detention operations at Guantanamo Bay. On 22 January 2009, after only two days in office, President Obama upheld isacampaign promise and ordered Guantanamo Bay closed. Specifically, he ordered the closure of the facility within one year, prohibited the CIA from using banned interrogation techniques, and suspended tribunals until a task force reviews and corrects the legal processes. In addition, President Obama has tasked his administration to examine the feasibility of moving detainees to military prisons in Kansas, California, and South Carolina or the civilian “Supermax” prison in Colorado. First, it is important to remember that there are roughly 250 detainees still residing at Guantanamo Bay today. If the base is closed, the U.S. will still have to house these individuals somewhere, most likely on domestic soil. Since the U.S. cannot simply release these detainees, logistics become an issue that requires open debate and discussion. Former Vice President Cheney claimed, “If we did not have that facility at Guantanamo to undertake this activity, we’d have to have it someplace else because theyare a vital source of intelligence information. It appears President Obama will not look back, but his administration should consider the legitimate arguments for keeping Guantanamo Bay open. They’ve given us useful information that has been used in pursuing our aims and objectives in the war on terror.”7 Another reason to keep Guantanamo Bay open involves the amount of resources already invested in the current facility. The U.S. has already spent a substantial amount of money to ensure Guantanamo Bay meets a high standard for detainee operations. For instance, the government spent approximately $54 million to build the high-security detention facilities. In addition, Guantanamo Bay added a new “expeditionary legal complex” for the military commission trials at a price of $10 to $12 million.36 Another $4.4 million went towards construction costs for a fence around the radio range where Joint Task Force- Guantanamo Bay (JTF-GTMO) houses their electronic monitoring equipment.37 Annually, the government spends an estimated $125 million in operating costs.38 Finally, Guantanamo Bay has a medical facility with a staff of more than 100 personnel, up to 30 inpatient beds, a physical-therapy area, pharmacy, radiology department, central sterilization area, and a single-bed operating room. Another popular argument for leaving Guantanamo Bay open is that merely closing the prison will not guarantee a change in world opinion. Most likely, criticism will follow Guantanamo Bay to its next home of record. While many claim detainee abuse and poor living conditions, the fact is that these same people are going to believe these conditions will exist anywhere. Former Vice President Cheney offered, “My own personal view is that those who are. These figures may seem extraordinary, but the key point is that it will probably cost this much or more to establish comparable new facilities in the U.S. to accommodate the remaining detainees. In addition, what expense comes with transferring them to any of these locations? Why spend this amount of money again, rather than keep the current facilities in operation? It clearly does not pass the common sense test most urgently advocating that we shut down Guantanamo Bay probably don’t agree with our policies anyway.”8 Senator Lindsey Graham also stated, “I would like every terrorist wannabe to understand that if you take up arms against us or coalition members, you do so at your own peril, because a couple of things awaiteth you, death or injury on the battlefield, or detention and accountability.” Another concern for the anti-Guantanamo Bay protesters is the legal rights and due process afforded the detainees. These people believe that in order to give detainees a fair trial using untainted evidence, all legal processed must occur in the U.S. judicial system. In actuality, Guantanamo Bay will not gain any more legal sufficiency by moving to the U.S. than it currently has. As reviewed earlier, there were errors executive decision making throughout the history of Guantanamo Bay about detainee classification and military tribunals. Those issues indeed require correction. However, correcting the legal complications does not require the detainees to move anywhere. Once revamped, the detainees can enjoy their due process in the U.S. legal system while remaining detained at Guantanamo Bay. The government can simply transport the detainee to any trial appearances on an as-needed basis. Moving the detainees will not necessarily give them more rights. These are solid perspectives surrounding the need to keep the prison open. People that hated it before will hate it as long as Guantanamo Bay or its successor exists. Moreover, by virtue of the isolated nature of Guantanamo Bay, it serves as a warning sign for those considering terrorist action against us. Housing the detainees in the U.S. may seem like a moral victory to human rights activists, but it will place suspected terrorists on the soil of the very country they intend to harm. The image of the U.S. will not change overnight with the closing of Guantanamo Bay. These are just a few of the major arguments for why Guantanamo Bay should remain open throughout the remainder of the Global War on Terror. The U.S. spends significant human and economic resources every year to operate and maintain Guantanamo Bay at the highest standards. The facilities are second to none among maximum-security prisons and detention centers across the globe. Detainees can enjoy a more robust legal process while housed at Guantanamo Bay. Any detention of these detainees at Guantanamo Bay or elsewhere will still invite criticism and accusations. To think otherwise is obtuse. What is the opinion of the American public? How do they feel about terror suspects moving to their country? According to a Rasmussen telephone survey conducted in mid-November of 2008, 49% percent of U.S. voters said the U.S. should not close Guantanamo Bay, 32% said to close it down, and 19% of the voters were undecided9. It appears that while the country felt Barack Obama was the best candidate for President, they were not as excited about closing Guantanamo Bay. Perhaps they fear having these suspected terrorists right in their backyard. Perhaps they fear the possibility of detainees getting released in the U.S. and committing acts of terrorism as soon as they are set free. They have reason for their concern. According to the Pentagon, 61 former detainees from Guantanamo Bay allegedly returned to terrorism after their release10. The Pentagon confirmed that 18 detainees returned to the fight while they suspect 43 other have as well11. Given these statistics, the American public may feel it is too risky to bring detainees to our soil. If America suffered an attack from suspected terrorists set free in the U.S. after moving here from Guantanamo Bay, repairing our image in the world will be the least of our worries. Closing it Down Like any controversial issue, there are also arguments on the side of the opposition. Guantanamo Bay is the proverbial elephant in the room. Many activist and human rights groups around the world spent the last six years protesting the Bush administration’s policy and actions regarding detainee operations. Some argue simply to do so, and others have reasonable arguments. While there are countless areas of concern according to these different groups, there are three common arguments around the world for closing down the operation. The first main argument comes from the legal black hole that exists at Guantanamo Bay. As mentioned earlier, the Bush administration began this detention operation without a thorough understanding of how to treat detainees under the Geneva Conventions and about legal due process. Originally, the U.S. did not recognize the Taliban or al Qaida as falling under the protection of the Geneva Conventions. Eventually, Bush declared that Taliban fighters were eligible for these protections, but still withheld them from al Qaida. Subsequently, the Deputy Secretary of Defense issued a memorandum in July 2006 declaring al Qaida eligible for the application of the Geneva conventions. Up until these accommodations, detainees were without POW status. Although the U.S. eventually resolved these issues, there remained a legal vacuum for the detainees. As mentioned earlier, the Bush administration faced legal battles on behalf of certain detainees. The results of these Supreme Court decisions finally allowed detainees the right to habeas corpus. While Boumediene v. Bush gave detainees more due process power, there remains a misguided military commissions process that President Obama must correct. These, along with the CSRTs and ARBs portray a mockery of the American judicial system, military or civilian. The U.S. incarcerated these detainees without charge. According to the Armed Services Committee report, Guantanamo Bay offered a place where the U.S. could benefit without the 16 detainees having the opportunity to contest. Many believe that the U.S. criminal justice system has a better track record of prosecuting terrorists than the military commissions. In fact, as of September 2008 the military commissions produced only two convictions while the U.S. criminal justice system stands at 145 terrorist convictions since 2001 out of 107 jihadist terrorist cases. Another strong argument for closing Guantanamo Bay relates to the abuse suffered by detainees. Amnesty International sees Guantanamo Bay as a “symbol of injustice and abuse." Ultimately, the U.S. fell short by ineffectively applying the Geneva Conventions and by its botched legal processes afforded to detainees. Many throughout the world feel the same way. Detainee abuse is alleged by the detainees themselves and documented in lawyer’s notes, FBI memos, and court affidavits.51 Accusations of detainee abuse stretch all the way back to the Camp X-RAY-Ray days of Guantanamo Bay. No one will forget those horrible and degrading pictures. According to the Physicians for Human Rights advocacy group, detainees suffered from sleep deprivation, beatings, forced nakedness, electric shocks, and sexual assault. This group also found evidence that detainees were subjected to stress positions, often for prolonged periods. These are but a few accounts from one of many organizations across the globe that believe detainees suffered abuse routinely throughout their internment. Unfortunately, the former Vice President recently substantiated these arguments by claiming that waterboarding is an acceptable interrogation technique to coerce information from detainees. He specifically mentioned his approval of this method on Khalid Sheikh Mohammed, mastermind behind the September 11th attacks against the U.S12. This statement only preaches to the choir of individuals outraged at the thought of the U.S. abusing and torturing detainees. For detainees entering their seventh year of detention, there is little or no chance that they still possess any intelligence value so what is the U.S. gaining? One can only imagine that these practices have been employed from the time of capture through today. Factor in the isolated location and “legal free” atmosphere of Guantanamo Bay and it becomes easy to believe the legitimacy of this argument contributing to the need for its closure. Finally, the issue of America’s reputation drives another rationale for ending operations at Guantanamo Bay. Perhaps an unintended consequence, Guantanamo Bay has driven the image of American in a downward spiral. Once thought of as the unequivocal leaders of freedom and democracy, the U.S. continues to suffer from a tarnished image within the international community and here at home. Some fear Guantanamo Bay creates new threats and alienates our friends and allies. Based on how the U.S. treated detainees, terrorist groups and anti-American extremists may strengthen their fight against us. Others argue that Guantanamo Bay constantly drives a wedge in the U.S.’s ability to integrate moderate Muslims across the world. It leads to more anger and resentment towards the U.S. Many feel the actions taken by the U.S. during the Global War on Terror are setting an unacceptable precedent for the future. By failing to take the moral high road, the U.S. is weakening its influence and effectiveness throughout the international community. President Obama shared this sentiment and made the closing of Guantanamo Bay one of his top priorities. He considered the impression that the U.S. currently has in the world and addressed it in his executive order to close Guantanamo Bay. The order stated that, in view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantanamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Perhaps Obama’s swift action to close Guantanamo Bay within one week of his presidency will send a positive message to those around the world that America can right its perceived wrong and find its way back to the top of the international community. Torture The methods that have been identified by those who would be confined at the detention camp and during the interrogation the techniques used on them including water boarding, long time standing and cold cell. Those techniques have been highly controversial. So far eight men have died in the detention camp,and six of them were suicides. In 2003,there were at least 23 attempts of suicide. “By May 2011 there had been at least six suicides in Guantanamo that have been reported” 13. According to the New York Times detainees at Guantanamo,abused. An investigation conducted by Lt Gen Randell M. Schmidt of the Air Force: “Accounts by the agents for the Federal Bureau Investigations who complained after witnessing detainees subjected to several forms of hard treatment. The F.B.I agent wrote in memorandums that were never meant to be disclosed publicly that they had seen female interrogators forcibly squeeze male prisoners genitals and that they had witness other detainees stripped and shackled low to the floor for many hours”14. In 2009 the senate Armed Services committee released a declassified report of the treatment of detainee which stated that “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 authorized their use against detainees. Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority”15. Conclusion Caroline Fredrickson, JD, Director of the American Civil Liberties Unions (ACLU) Washington Legislative Office, stated in a July 12, 2007 article titled "ACLU Applauds Amendment to Close Guantanamo Bay Detention Center" on the ACLU website: "For over five years now, Guantanamo Bay has tarnished Americas image and diminished our ideals. Its closure is long overdue and welcomed by the ACLU. The establishment of suchdetention facility for the sole purpose of indefinitely holding individuals was inexcusable policy to begin with. Every day Guantanamo stays open, the United States is being led further away from the founding principles of our great nation - liberty, freedom and justice for all”(9). July 12, 2007 - Caroline Fredrickson, JD The United Nations wrote in its Feb. 15, 2006 report titled "Situation of Detainees at Guantanamo Bay": "The United States Government should close the Guantanamo Bay detention facilities without further delay. Until the closure, and possible transfer of detainees to pre-trial detention facilities on United States territory, the Government should refrain from any practice amounting to torture or cruel, inhuman or degrading treatment or punishment, discrimination on the basis of religion, and violations of the rights to health and freedom of religion. In particular, all special interrogation techniques authorized by the Department of Defense should immediately be revoked." (9). Feb. 15, 2006 - United Nations (UN) Amnesty International, stated in a July 4, 2007 press release titled "2000 Days of Guantanamo," that: "Approximately 375 detainees remain held in Guantanamo, many in conditions that amount to cruel, inhuman or degrading treatment. US authorities have asserted that between 60 and 80 of these detainees will eventually face trial by military commission, a substandard and discriminatory system of justice that Amnesty International is calling on the USA to abandon. At least 15 high value detainees have been transferred to Guantanamo in the past year from secret CIA custody, affirming Guantánamos central role in the USAs network of unlawful detentions in the war on terror. Each day that Guantánamo stays open is one day too long." (9) July 4, 2007 - Amnesty International (AI) Mitt Romney, JD, MBA, former 2008 Republican Presidential Candidate and former Governor of Massachusetts, made the following statement about Guantanamo Bay in response to a question during the second 2008 Republican Candidates Debate on May 15, 2007 at the University of South Carolina: "Now you said the person [captured terrorist] was going to be in Guantanamo. Iam glad theyare at Guantanamo. I do not want them on our soil. I want them on Guantanamo, where they do not get the access to lawyers that they get when theyare on our soil. I do not want them in our prisons. I want them there. Some people have said we ought to close Guantanamo. My view is we ought to double Guantanamo." (9) May 15, 2007 - Mitt Romney, JD, MBA Dick Cheney, MA, US Vice President at the time of the quote, stated in a June 13, 2005 interview with CNN journalist Wolf Blitzer: "Q: Should GITMO -- Guantanamo Bays detention center be shut down, the detainees moved elsewhere? The Vice President: No...Because its a vital facility. The people that are there are people we picked up on the battlefield primarily in Afghanistan. Theyre terrorists. Theyre bomb-makers. Theyre facilitators of terror. Theyre members of al Qaeda and the Taliban... For the most part, if you let them out, theyll go back to trying to kill Americans... Theyre very well treated down there. Theyre living in the tropics. Theyre well fed. Theyve got everything they could possibly want. There isnt any other nation in the world that would treat people who were determined to kill Americans the way were treating these people." (9) [Editors Note: The New York Times reported in a Mar. 23, 2007 article titled "New to Pentagon, Gates Argued for Closing Guantanamo Prison," that Vice President Cheney and Attorney General Alberto Gonzalez (during a closed, off the record meeting with administration officials) "overruled" Secretary of Defense Gates attempt to convince the Bush Administration to close down Guantanamo Bay. As of July 23 2007, Vice President Cheney has made no public comments refuting or verifying this information.] June 13, 2005 - Dick Cheney, MA Bibliography A Brief History of GITMO. Fetini, Alyssa. Wed, Nov 12, 2006 www.content.time.com Afghan prisoner at Guantanamo die in apparent suicide. Gray, Kevin. May 19, 2011. (Reuters). Babbie, E. (2007). The practice of social research. Belmont: Thomson Wadsworth. BBC News. (2002). Afghan captives start Cuba detention. 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Red cross finds detainee abuse in Guantanamo. Retrieved July 4, 2009, from http://www.nytimes.com/2004/11/30/politics/30gitmo .html?ei=5088&en=825flaa04c65241f&ex=1259470800&patrner=rssnyt&pagewante ll&positions. MSNBC.com, “Ex-Gitmo Detainee Reportedly Gets al Qaida Role,” http://www.msnbc.msn.com/id/28800516 (accessed 23 January 2009). Obama: Gitmo Likely Wont Close in First 100 Days. ABC News. Bruce, Mary. 11 January 2009. Rasmussenreports.com, “49% Say U.S. Should Keep Guantanamo Prison Open,” http://www.rasmussenreports.com/public_content/politics/obama_administration/november_2008/49_say_u_s_shou ld_keep_guantanamo_prison_open (accessed 25 January 2009). Report Gives New Detail on Approval of Brutal Techniques. The New York Times. Knowlton, Brian. 22 April 2009. Senate votes to block funds for Guantanamo closure. Taylor, Andrew. 20 May 2009. Associated Press. Archived from the original on 30 August 2009. Retrieved 30 August 2009. 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