On his first day at the new job, President Barack Obama intervened in the trials of Guantanamo detainees -- accused members of al Qaeda -- suspending the use of controversial military commissions until at least May. The new president's team is also, reportedly, preparing an order to close the much-criticized detention center at Guantanamo Bay. If Obama follows through on both counts, it would be a major step toward fulfilling a key civil liberties promise of his campaign.
Guantanamo Bay has been a lightning rod for allegations of abuse of detainees, including the torture of some young inmates who have spent close to one-third of their lives behind bars without trial.
Torture, failure to organize evidence and ethical lapses have led some prosecutors -- including the facility's former chief prosecutor, Col. Morris D. Davis -- to resign in disgust or refuse to bring prosecutions. At least two of those prosecutors, including Davis, later testified for the defense.
The poor quality of justice provided by the military commissions, and the abuse of prisoners, have severely compromised the U.S. government's ability to make credible cases against detainees.
The Obama administration now has several options for dealing with the detainees: It could remake the military commissions, though they would remain suspect; it could try the detainees in military courts-martial; or it could try them in federal courts. Military courts-martial and federal courts both have proven track records, including protections for defendants.
Where those detainees will be held after the closure of Guantanamo is another question. The new facility -- or facilities -- will have to function under closer public scrutiny and protections of individual rights in order to satisfy critics.
The American Civil Liberties Union proposes (PDF) that most detainees be repatriated to their home countries or released overseas. Those prisoners against whom there is credible evidence, the ACLU says, should be transferred to civilian custody, tried in federal courts, and, if convicted, sentenced to facilities in the existing prison system that are already equipped to handle terrorists.
Whatever Obama and company decide on will almost certainly be an improvement over the mess of human rights violations and due process transgressions left by the last administration.
You might also enjoy these:
- A look at the youngest prisoners detained and tortured at Guantanamo
- Former Guantanamo prosecutor, ACLU support detainee's bid for freedom
- Plans in place to close Guantanamo -- eventually
- More evidence that torture is ineffective in war on terrorism
- Trials the only reasonable step for Guantanamo detainees
- Guantanamo Bay detainees require new president's quick attention
- Courts torn over Guantanamo torture
- Prosecutor Darrel Vandeveld resigns over fairness of Guantanamo trials
- Hamdan proceeding rotten to the core
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Comments
I hope Obama follows through on this. Guantanamo is a giant stain on our national Image. That place needs to be closed.
I just saw a clip of the bigot who hates the rednecks in his district say this.
“Sure I would take them. We only have a medium security prison in my district but they are no more dangerous here than in Guantanamo.”
Regarding the closing of Guantanamo.
www.murtha.house.gov/
I am now afraid.
The real mess was 911, and thanks to Bush, we haven't had another. Obama says, and I repeat "says" he is going to limit interrogations to measures allowed under the Army Field Manuel. This is a gift to terrorists.
But I do note that Obama is also considering a secret exec order to allow him to authorize stronger measures in limited circumstances.
Bush used waterboarding on 3 al qaeda leaders. Sounds pretty limited.
Obama is a lot of feel good talk. Yet he said that getting OBL wasn't as vital as he once said; doesn't want CIA officials looking over their shoulders; has said it would be a failure if he didn't close Gitmo before the end of his first term; agrees with the domestic surveillance as do courts; and leaves an out to exceed the AFM.
All while he now denies the Gitmo terrorists their day in court.
CINCs don't give up power. Libs talk a game of weakness that invites aggression.
Sorry I have been so silent here and in dueling columns of late. Been so busy with other columns and legal work.
Hope we can get that separate debate section soon.
Later Bro and as usual you make good points. I just can't agree on some conclusions.
Obama in - fascism out. Good move!!
I HAVE AN IDEA, A CAUSE FOR EVERY PERSON IN AMERICA. IT IS TIME TO END SEGREGATED COMMUNITIES. CALL THE PRESIDENT NOW AND TELL HIM NOW YOU ARE TIRED OF ALL WHITE COMMUNITIES WHEN A WHITE PERSON SELLS A HOUSE IN YOUR COMMUNITY IT SHOULD BE GIVEN TO SOMEONE WHO IS BLACK OR HISPANIC LEGAL OR NOT?
THE PRESIDENT'S NUMBER IS 2024561414 TELL BARACK OBAMA THAT THE TOWNS WHERE WHITES MAKE UP THE MAJORITY like Des Peres, Missouri or BRONXVILLE New York should have at least 30% black and hispanic living in them. NO MATTER WHAT POVERTY LEVEL.
LETS END SEGRATED COMMUNITIES STOP ALL WHITE COMMUNITIES PUT SOME COLOR IN THEM AREAS.
WE MUST ENACT CHANGE.
Larry Marcus, We should just GIVE blacks and latinos houses in white neighborhoods right? That way maybe they can learn how to maintain and upkeep their homes like the rest of responsible homeowners.
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