Obama suspends military commissions, may close Guantanamo

January 21, 12:56 PMCivil Liberties ExaminerJ.D. Tuccille

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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.

Contact J.D.: civilliberties (at) tuccille.com