In "Whose God Rules? The detainee screamed at the top of his lungs, began shaking, sobbing, and yanked his arms against his handcuffs. The interrogator explained to [the detainee] that he would now feel too dirty to pray and that she would have the guards turn off the water in his cell so he would not be able to wash the red substance off.
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. This Periodic Report is significant as the first official response of the U. The report denies the allegations but describes in detail several instances of misconduct, which did not rise to the level of "substantial abuse," as well as the training and punishments given to the perpetrators.
These facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of 'national security'". The page document includes procedures for identity cards and 'Muslim burial'. It is signed by Major General Geoffrey D. The chart showed the effects of "coercive management techniques" for possible use on prisoners, including " sleep deprivation ", "prolonged constraint" also known as " stress positions " , and "exposure".
Main article: Administrative Review Board. Guantanamo Bay Naval Base Cuba. United States Government Printing Office. The Center for Constitutional Rights has prepared biographies of some of the prisoners currently being held in Guantanamo Prison. Archived from the original on 26 May Thirty-eight of the detainees were found not to be enemy combatants. In April , construction of the new bed Camp Delta Camps 1, 2, 3 was completed.
Biderman, working as a sociologist for the Air Force. Biderman had interviewed American prisoners of war returning from Korea who had confessed to the "communists" of having taken part in biological warfare or to involvement in other atrocities. His article sets out that the most common interrogation method used by the Chinese was to indirectly subject a prisoner to extended periods of what would initially be minor discomfort. As an example, prisoners would be required to stand for extended periods, sometimes in a cold environment.
Prolonged standing and exposure to cold are an accepted technique used by the American military and the CIA to interrogate prisoners whom the United States classifies as " unlawful combatants " spies and saboteurs in wartime, "terrorists" in unconventional conflicts although it is classified as torture under the Geneva Conventions. The chart reflects an "extreme model" created by Biderman to help in "understanding what occurred apart from the extent to which it was realized in actuality" Biderman did not have a PhD in Sociology [usually the minimum qualification required to carry out such work] and the underlying research was not subjected to peer-review.
His chart sets out in summary bullet points the techniques allegedly used by the Chinese in Korea. Biderman himself admits that he was working from a very small sample of American prisoners who claimed to have been mistreated, and of the handful who had reported prolonged mistreatment none had become the "ideal confessor" the ultimate aim of the model. 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 trained interrogators available to the Communists too few, to permit this. Of the few Air Force prisoners who did get the full treatment, none could be made to behave in complete accordance with the Chinese Communists' ideal of the "repentant criminal". 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 "enemy", it has come to have actual application at home. In the military, the techniques outlined by the chart are commonly referred to as "Biderman's Principles" and within the intelligence community it has come to be known as "Biderman's Chart of Coercion". The chart is also often used by anti-cult web sites to describe how religious cults control their members. 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 military and it led them to develop a training program to counter the use of harsh methods used by an enemy interrogator. Almost all U. Central to this training program is the theoretical model of the "communist" interrogation methodology as presented by Mr. In , this training program was adopted as a source of interrogation techniques to be used in the newly declared " War on Terror ". The training document instructing on the use of these "coercive" methods was made public at a United States Senate Armed Services Committee hearing 17 June investigating how such tactics came to be employed.
Steven Kleinman, who was head of a team of SERE trainers, testified before the Senate committee that his team had been put under pressure to demonstrate the techniques on Iraqi prisoners and that they had been sent home after Kleinman had observed that the techniques were intended to be used as a "form of punishment for those who wouldn't cooperate", and put a stop to it. Carl Levin chairman of the Senate Armed Services Committee was quoted after reviewing the evidence as saying:.
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. Senior law enforcement agents with the Criminal Investigation Task Force told msnbc. 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.
Bybee , which would later become widely known as the " Torture Memo. General Counsel Mora led a faction of the Working Group in arguing against these standards, and argued the issues with Yoo in person. Nonetheless, Mora has maintained that detainee treatment has been consistent with the law since 15 January suspension of previously approved interrogation tactics. Randall M.
Schmidt of the Air Force, and dealing with:. The F. In June , 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. They said the recommendation was overruled by General Bantz J. Craddock , commander of U.
Southern Command , who referred the matter to the Army's inspector general. It stated,. The abuse of detainees in U. 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. 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 from judicial review.
Bush signed a military order titled the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism , which sought to detain and try enemy combatants by military commissions under Presidential authority alone.
On 19 February , Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention. In Al Odah v. That same day, the Supreme Court ruled against the Government in Hamdi v.
The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, G-Bay. Joint Task Force Guantanamo (JTF-GTMO) is a U.S. military joint task force based at . "Navy sending new commander to run President Trump's Guantánamo.
Leon rejected the detainees' petition because they "have no cognizable Constitutional rights" on 19 January The Combatant Status Reviews were completed in March 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, does not reveal the sources for its information and is contradicted by other evidence in the record.
Fidell , said that, the Kurnaz' dossier, "suggests the [CSRT] procedure is a sham; if a case like that can get through, then the merest scintilla of evidence against someone would carry the day for the government, even if there's a mountain of evidence on the other side. On 15 July , a panel of the D. Circuit including then-Circuit Judge John Roberts vacated all those lower rulings and threw out the detainees' petitions. On 30 December , Congress responded by passing the Detainee Treatment Act , which changed the statute to explicitly strip detainees of any right to petition courts for habeas review.
Congress responded by passing the Military Commissions Act of , which gave statutory authorization to the CSRTs and was explicit in retroactively stripping detainees of any right to petition courts for habeas review. Circuit Judge A. Raymond Randolph , joined by Judge David B. Sentelle upheld the Act and dismissed the detainees' petitions, over the dissent of Judge Judith W. On 12 June , the U. Supreme Court decided against the Government in Boumediene v. After being ordered to do so by U. District Judge Jed S.
Defense lawyers for the six men, all French nationals, accuse the French government of colluding with U. Kross scheduled new hearings for 2 May , calling the former head of counterterrorism at the French Direction de la surveillance du territoire intelligence agency [official backgrounder] to testify. In the summer of , 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. Government lawyers sought court approval to replace the court's protective order with the MOU, to enable military officials to establish and enforce their own rules about when and how detainees could have access to legal counsel.
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 visits to the base and letters. The Justice Department took the position that Guantanamo Bay detainees whose legal challenges have been dismissed do not need the same level of access to counsel as detainees who are still fighting in court.
On 6 September , U. 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. The report stated the United States violated international law, particularly the International Covenant on Civil and Political Rights , that the Bush Administration could not try such prisoners as enemy combatants in a military tribunal and could not deny them access to the evidence used against them.
There is no intermediate status; nobody in enemy hands can fall outside the law. King , Jr. 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. The Germans were deemed to be unlawful combatants and thus not entitled to POW status.
Six of the eight were executed as spies in the electric chair on the request of the U. President Franklin D. The validity of this case, as basis for denying prisoners in the War on Terrorism protection by the Geneva Conventions, has been disputed. A report by the American Bar Association commenting on this case, states that the Quirin case " A report published in April 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 legal affidavits of medical experts.
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 experimentation on prisoners. The base, which is considered legally to be leased by the Cuban government to the American navy, is on territory that is recognized by both governments to be sovereign Cuban territory. The post Cuban government has repudiated the agreement on the grounds that it was forced upon them by the United States and therefore was a not valid legal agreement.
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, and for no other purpose. The American Bar Association announced that: "In response to the unprecedented attacks of September 11 , on 13 November , 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 be, or to have been, members of the al Qaida organization or to have engaged in, aided or abetted, or conspired to commit acts of international terrorism that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States or its citizens, or to have knowingly harbored such individuals, are subject to detention by military authorities and trial before a military commission.
On 28 and 29 September , the U. Senate and House of Representatives , respectively, passed the Military Commissions Act of , 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 have fewer civil rights than in regular trials. On 2 January , the Toronto Star reporter Michelle Shephard offered an account of the security precautions that reporters go through before they can attend the hearings: .
On 1 November , David McFadden of the Associated Press stated the tents erected to hold lawyers, reporters and observers were practically deserted when he and two other reporters covered the military commission for Ali Hamza al-Bahlul in late October Two hundred detainees were released in before any Combatant Status Review Tribunals were held, including the Tipton Three , all British citizens. On 27 July , four French detainees were repatriated and remanded in custody by the French intelligence agency Direction de la Surveillance du Territoire.
On 4 August , the Tipton Three, ex-detainees who had been returned to the UK in March of that year and freed by the British authorities within 24 hours of their return filed a report in the US claiming persistent severe abuse at the camp, of themselves and others. They alleged that conditions deteriorated after Major General Geoffrey D.
Miller took charge of the camp, including increased periods of solitary confinement for the detainees. They claimed that the abuse took place with the knowledge of the intelligence forces. Their claims are currently being investigated by the British government.
The Board's mandate was to consider the factors for and against the continued detention of detainees, and make a recommendation either for their retention, release, or transfer to the custody of their country of origin. The first set of annual reviews considered the dossiers of detainees. The first board met between 14 December , and 23 December The Board recommended the release of 14 detainees, and repatriation of detainees to the custody of their country of origin. Of two dozen Uyghur detainees at Guantanamo Bay , The Washington Post reported on 25 August , fifteen were found not to be " enemy combatants.
US officials said that their overtures to approximately 20 countries to grant the individuals asylum had been declined, leaving the men with no destination for release. Also that week, four Uyghur detainees were resettled in Bermuda , where they were released. The detainees were flown into Bermuda under the cover of darkness. The US purposely kept the information of this transfer secret from the UK, which handles all foreign affairs and security issues for Bermuda, as it was feared that the deal would collapse.
After the story was leaked by the US media, Premier Brown gave a national address to inform the people of Bermuda. Many Bermuda residents objected, as did the UK Government. It undertook an informal review of the actions; the Bermuda opposition, UBP, made a tabled vote of no confidence in Premier Brown.
The UK government is considering whether to overrule his agreement to have the Uyghur men resettled in Bermuda. Italy agreed on 15 June , to accept three prisoners. The same day, the European Union said that its member states would accept some detainees. In December , the U. Under the Obama Administration, the Board examined 63 detainees, recommending 37 of those to be transferred. On 13 January , the Pentagon said that it had evidence that 18 former detainees have had direct involvement in terrorist activities, but declined to provide their identities to the media.
They were arrested on 27 August by Russian authorities in Moscow, for allegedly preparing a series of attacks in Russia. According to authorities, Vakhitov was using a local human rights group as cover for his activities. Abdallah Salih al-Ajmi , a Kuwaiti former detainee, committed a successful suicide attack in Mosul , on 25 March A Kuwaiti court later acquitted him of terrorism charges. They were arrested by Belgian authorities on charges of terrorism: "Moussa Zemmouri, a year-old Belgian of Moroccan origin, and an Algerian whom the prosecutor's office identified as Soufiane A".
Al Qosi was imprisoned in Guantanamo from to In , Al Qosi pleaded guilty to being bin Laden's chauffeur. Bush are confirmed to have returned to the battlefield, with 74 others suspected of doing so". It further reported that "seven out of Guantanamo prisoners who were freed since Obama took office in January have returned to fighting," with "number of former Guantanamo Bay prison inmates who are suspected of having returned to fighting for militants doubled to 12 in the six months through January". The human rights organization Human Rights Watch has criticized the Bush administration over this designation in its world report, stating: " Washington has ignored human rights standards in its own treatment of terrorism suspects.
It has refused to apply the Geneva Conventions to prisoners of war from Afghanistan, and has misused the designation of 'illegal combatant' to apply to criminal suspects on U. The military will act as interrogators, prosecutors and defense counsel, judges, and when death sentences are imposed, as executioners. The trials will be held in private.
None of the guarantees of a fair trial need be observed. Another senior British Judge, Justice Collins, said of the detention center: "America's idea of what is torture is not the same as the United Kingdom's. The Guardian newspaper from the United Kingdom  reported that a team of lawyers was dismissed after complaining that the rules for the forthcoming military commissions prohibited them from properly representing their clients. New York's Vanity Fair reported that some of the lawyers felt their ethical obligations were being violated by the process.
It was reported on 5 May , that many lawyers were sent back and some detainees refuse to see their lawyers, while others decline mail from their lawyers or refuse to provide them information on their cases see also Mail privileges of Guantanamo Bay detainees. Bush to "just shut it down", calling Camp Delta " In November , a group of experts from the United Nations Commission on Human Rights called off their visit to Camp Delta, originally scheduled for 6 December, saying that the United States was not allowing them to conduct private interviews with the prisoners. The group, nevertheless, stated its intention to write a report on conditions at the prison based on eyewitness accounts from released detainees, meetings with lawyers and information from human rights groups.
In February , the UN group released its report, which called on the U. This includes, as an appendix, the U. European leaders have also voiced their opposition to the internment center.
We must find different ways of dealing with prisoners. As far as I'm concerned, there's no question about that," she declared in a 9 January interview to Der Spiegel. On 10 March , a letter in The Lancet was published, signed by more than medical experts urging the United States to stop force-feeding of detainees and close down the prison. Force-feeding is specifically prohibited by the World Medical Association force-feeding declarations of Tokyo and Malta, to which the American Medical Association is a signatory.
Dr David Nicholl who had initiated the letter stated that the definition of torture as only actions that cause "death or major organ failure " was "not a definition anyone on the planet is using. There has also been significant criticism from Arab leaders: on 6 May , prominent Kuwaiti parliamentarian Waleed Al Tabtabaie demanded that U. In June , U. Senator Arlen Specter stated that the arrests of most of the roughly prisoners held there were based on "the flimsiest sort of hearsay. We don't need it and it is causing us far more damage than any good we get for it.
The Group was launched with an Ambassadors' Reception in the House of Commons , bringing together a large group of lawyers, non-governmental organizations and governments with an interest in seeing the camp closed. Alain Grignard, who visited Gitmo in , objected to the detainees' legal status but declared that "it is a model prison, where people are better treated than in Belgian prisons.
Michael Lehnert, who as a U. Marine Brigadier General helped establish the center and was its first commander for 90 days, has stated that was dismayed at what happened after he was replaced by a U. Army commander. Lehnert stated that he had ensured that the detainees would be treated humanely and was disappointed that his successors allowed harsh interrogations to take place.
Said Lehnert, "I think we lost the moral high ground. For those who do not think much of the moral high ground, that is not that significant. But for those who think our standing in the international community is important, we need to stand for American values. You have to walk the walk, talk the talk. Morris Davis, the former chief prosecutor for the terrorism trials at Guantanamo Bay, began a Change. The e-petition has garnered over , signatures, and mentions the hunger strikes that "involves more than prisoners, including some 21 who are being force fed to keep them from starving to death.
On 12 December , retired U. Marine Major General Michael R. He characterized the Guantanamo as "our nation's most notorious prison — a prison that should never have been opened", and provided a brief summary of its history and significance:. We thought that the detainees would provide a treasure trove of information and intelligence. The first group of 20 prisoners arrived seven days after the order was given. There are currently men there, most of them cleared for transfer, but stuck by politics. They had little intelligence value, and there was insufficient evidence linking them to war crimes.
That remains the case today for many, if not most, of the detainees. In May , Carol Rosenberg , writing in The Miami Herald , reported that the camps will not be immediately dismantled when the detainees are released or transferred, due to ongoing cases alleging abuse of detainees. In August , the U. Disciplinary Barracks at Fort Leavenworth , Kansas, and the Standish Maximum Correctional Facility in Standish , Michigan, were considered as potential sites for transfers of over prisoners.
Kansas public officials, including both of its senators and governor, objected to transferring prisoners to the former. Obama issued a presidential memorandum dated 15 December , formally closing the detention center and ordering the transfer of prisoners to the Thomson Correctional Center , Thomson , Illinois. Specifically, it will be used for administrative maximum security inmates and others who have proven difficult to manage in high-security institutions," said the official, who asked not to be named.
Attorney General Eric Holder. As you know, any such transfer would violate express legal statutory prohibitions," Holder said in a letter to Representative Frank Wolf, who fought the proposal. Any attempt to deprive the executive branch of that tool undermines our Nation's counterterrorism efforts and has the potential to harm our national security. Krulak and Joseph P.
He said the communications upgrade project is meant to serve the Guantanamo naval station rather than the detention camp, which Washington still "has plans" to close. The channel also asked Obama if he planned on ever closing Guantanamo Bay, to which he replied he did. Some blamed Congress for the delay in closing the detention camp, while others blamed the president. In the same interview, however, senior ACLU attorney Zachary Katznelson argued Obama had "enough control and power that he [could have gotten those] men out today if he [had] the political will to do so.
All of the names publicized were those of prisoners that Obama's inter-agency Guantanamo Bay Review Task Force had approved for release from the prison. Previously, the government had maintained the names of prisoners cleared could not be made public because it would interfere with diplomatic efforts to repatriate or resettle prisoners in their home country or other countries. In November , the Senate voted 54—41 to prevent detainees from being transferred to the US.
On 4 November , Barack Obama stated that he was preparing to unveil a plan to shutter the facility and move some of the terrorism suspects held there to US soil. The plan will propose one or more prisons from a working list that includes facilities in Kansas, Colorado and South Carolina. Two others that were on the list, in California and Washington state, don't appear to have made the preliminary cut, according to a senior administration official familiar with the proposal. On 23 February , Obama stated that years after Congress disagreed to [ vague ] close the camp, it has come to a conclusion of closing the camp.
The exact time frame of the camp closing was not revealed. From these 91 prisoners 35 were recommended for transfer if security conditions could be met. The remaining prisoners were expected to be brought to U. On 15 August , President Obama transferred another 15 prisoners from the prison. This brought the total number of prisoners down to 61 with 20 more cleared for transfer.
Obama did not close the prison before leaving office but was able to further reduce the population to President Donald Trump has vowed to keep the prison open and to use it to detain "bad dudes," potentially including American supporters of ISIS. From Wikipedia, the free encyclopedia. Main article: List of Guantanamo Bay detainees. Play media. Main article: Guantanamo Bay detention camp suicide attempts. Main article: Guantanamo Bay homicide accusations.
Main article: List of Saudi detainees at Guantanamo Bay. See also: Enhanced interrogation. Main article: Combatant Status Review Tribunal. Main article: Guantanamo military commission. See also: Timeline of the release and transfer of Guantanamo Bay detainees. Main article: Administrative Review Board. See also: Lists of former Guantanamo Bay detainees alleged to have returned to terrorism. Center for Constitutional Rights.
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Former Turkish-German Guantanamo bay prisoner Murat Kurnaz reports about systematic torture there in his book "Five years of my life. Archived from the original PDF on 6 January Frankfurter Allgemeine Zeitung. World Socialist Web Site. Retrieved 18 March Archived from the original on 19 January Retrieved 5 June The Age. Retrieved 10 February Herald Sun. The Sydney Morning Herald. Archived from the original on 30 December Democracy Now!. Archived from the original on 18 March There is only indefinite incarceration, possibly until death.
The entire naval base, bay and all, is a near rectangle about nine miles by five miles, almost the size of Washington, D. From my position atop the hill I can see a guard tower along the fence, and I wonder if a pair of binoculars there are fixed on me right now. I resume my afternoon jog on trails that are as perfect as one can find for running: firm soil with bits of shell.
I pass an old ranch-style house with broken windows and a rusty swing set in the yard. This could be the set of a post-apocalyptic TV show. I get the feeling that I am not supposed to be here. Everywhere there are Humvee tracks, old trailers, and unidentifiable objects in various stages of decay.
I jog as far into this uncharted area as I can, toward the mouth of the river. A soldier emerges from some reeds, and then a dozen more. Guns are pointing at me. I have accidentally run into a squad on patrol in full gear. An officer waves me through. I lock eyes with the soldiers as I pass, wanting to salute to show my respect, but as a lawyer representing a detainee, I am not a welcome presence.
I look down and quicken my pace. In our U. One was guilty of nothing but charity and let go after five years of confinement under horrendous conditions. Our remaining detainee is a Muslim from Russia, a ballet dancer by profession. He is now in his eleventh year of imprisonment. He discovered Islam as an adult while in the Russian Army, which is rife with discrimination against Muslims. When the authorities would not even permit him to name his son Yusef instead of Josef, his family decided to leave.
He emigrated ahead of his wife and son and made it as far as Pakistan, where in early he was arrested by Pakistani police, turned over to U. The most satisfying moment in the case was the day the hearing ended, before the decision was released. Our achievement? There had been a process. We won the weeklong hearing. If it is, he will be the only one freed out of the dozens who won their hearings in