Difference between revisions of "Guantanamo Bay Detention Camp"

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The '''Guantanamo Bay detention camp''' is a military [[prison]] of the [[United States of America]] on the southeastern tip of the island of [[Cuba]]. In this prison, suspected terrorists are held indefinitely without charge, trial or a right to counsel.<ref>http://www.foxnews.com/story/0,2933,201315,00.html Official: Gitmo Prisoners Wage 'Jihad' in Cuba</ref><ref>http://www.foxnews.com/story/0,2933,123996,00.html Mixed Rulings on Terror Detention Policies</ref>  The [[liberal]] organization Center for Constitutional Rights is organizing attorneys to file [[habeas corpus]] petitions in the Washington, D.C., federal court on behalf of the detainees at Guantanamo Bay. <ref>http://www.ccr-ny.org/v2/reports/report.asp?ObjID=pQOvjcVXXK&Content=406 First post-Supreme Court habeas petitions filed on behalf of detainees at Guantanamo Bay</ref>
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The '''Guantanamo Bay detention camp''' is a military [[prison]] of the [[United States of America]] on the southeastern tip of the island of [[Cuba]]. In this prison, suspected terrorists are held indefinitely without charge, trial or a right to counsel.<ref>[http://www.foxnews.com/story/0,2933,201315,00.html Official: Gitmo Prisoners Wage 'Jihad' in Cuba] [[Fox News]], June 28, 2006</ref><ref>[http://www.foxnews.com/story/0,2933,123996,00.html Mixed Rulings on Terror Detention Policies] [[Fox News]], June 28, 2004</ref>  The [[liberal]] organization Center for Constitutional Rights is organizing attorneys to file [[habeas corpus]] petitions in the Washington, D.C., federal court on behalf of the detainees at Guantanamo Bay. <ref>[http://www.ccr-ny.org/v2/reports/report.asp?ObjID=pQOvjcVXXK&Content=406 First post-Supreme Court habeas petitions filed on behalf of detainees at Guantanamo Bay], [[Center for Constitutional Rights]], 2004</ref>
  
 
On April 2, 2007, the U.S. Supreme Court denied appeals by a group of detainees of this camp, with the majority stating that it would be inappropriate to rule until the group had exhausted other remedies.<ref>[[Withdraw of Jurisdiction Upheld - Original Work|Supreme Court rules against detainees]]</ref><ref>Congressional Research Service Report [http://www.fas.org/sgp/crs/natsec/RL33180.pdf Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court], updated April 6, 2007.</ref>
 
On April 2, 2007, the U.S. Supreme Court denied appeals by a group of detainees of this camp, with the majority stating that it would be inappropriate to rule until the group had exhausted other remedies.<ref>[[Withdraw of Jurisdiction Upheld - Original Work|Supreme Court rules against detainees]]</ref><ref>Congressional Research Service Report [http://www.fas.org/sgp/crs/natsec/RL33180.pdf Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court], updated April 6, 2007.</ref>

Revision as of 14:40, September 11, 2007

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The Guantanamo Bay detention camp is a military prison of the United States of America on the southeastern tip of the island of Cuba. In this prison, suspected terrorists are held indefinitely without charge, trial or a right to counsel.[1][2] The liberal organization Center for Constitutional Rights is organizing attorneys to file habeas corpus petitions in the Washington, D.C., federal court on behalf of the detainees at Guantanamo Bay. [3]

On April 2, 2007, the U.S. Supreme Court denied appeals by a group of detainees of this camp, with the majority stating that it would be inappropriate to rule until the group had exhausted other remedies.[4][5]

Guantanamo Bay

Guantanamo Bay is a coastal area on southeastern Cuba occupied and controlled by the United States government pursuant to a 1903 Lease Agreement with the newly independent Republic of Cuba subsequent to the Spanish-American War. The Agreement established that:[6]

"the United States recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the [leased areas]," but "the Republic of Cuba consents that during the period of the occupation by the United States . . . the United States shall exercise complete jurisdiction and control over and within said areas."

In 1934 the United States and Cuba entered into another treaty that provided that, absent an agreement to modify or abrogate the lease, it would remain in effect "[s]o long as the United States of America shall not abandon the . . . naval station of Guantanamo."[7]

Detention Camp

Due to security concerns the media has not been given access to the detention center, and the Bush administration has said that interrogations are vital tools for winning the War on Terror[8] There have, however, been a number of accusations of the use of torture, and some detainees are believed to have been brought in via extraordinary rendition. [9][10][11] Majid Khan, a native of Pakistan is suspected of providing material support for al Qaeda terrorism, transporting people across the Afghanistan-Pakistan border, and expressing a desire to assassinate Pakistan President Pervez Musharraf by suicide attack. Khan submitted a “statement of torture" at a combatant status review tribunal hearing, claiming he was mentally tortured during his detainment. Among his complaints were that he and other detainees were given low-quality soap and other toiletries, noisy fans and deflated balls for recreation that hardly bounced. Khan testified he had refused to eat or drink, and complained that his captors responded by force-feeding intravenously. [12]

In another case, some 22 Chinese Muslim detainees have been cleared of all wrong doing, but have been held in the prison camp for more than five years. The Bush administration fears they will face persecution if they are returned home, so they continue to stay in prison, having committed no crime. [13][14]

  • The Australian David Hicks has been held in the camp for over five years. He was originally charged with "conspiracy, attempted murder by an unprivileged belligerent and aiding the enemy." [15] but these charges were dropped "after the US Supreme Court ruled the original military commissions system established by President Bush unconstitutional without Congressional authorization." [16] He was later charged with "providing material support of terrorism" and "attempted murder in violation of the law of war" - the latter charge was also dropped. [17] [18]. On March 26, 2007 David Hicks pleaded guilty to the charge. "A prisoner exchange agreement between Australia and the US means Hicks will be allowed to serve out any remaining prison time in Australia, Foreign Minister Alexander Downer said today."[19] News reports after the trial stated that "Hicks has pleaded guilty to only one of two counts under the charge. It says that, in Afghanistan during 2000 and 2001, he provided material support for al-Qaeda, which was engaged in terrorism against the US. He pleaded not guilty to a second count that said he provided material support or resources "to be used in preparation for, or in carrying out, an act of terrorism". [20]

Hicks was sentenced to another seven years in prison by the Military Commision panel but a pre-trial plea bargain drastically cut that sentence. He will spend the last seven months of his sentence in an Australian prison, Yatala Labour Prison. Hicks arrived back in Australia on May 20, 2007. He is due for release from prison in Adelaide, South Australia, in late December, 2007.[21] He is not permitted, under the terms of his plea bargain, to speak with any media for 12 months. [22]

References

  1. ↑ Official: Gitmo Prisoners Wage 'Jihad' in Cuba Fox News, June 28, 2006
  2. ↑ Mixed Rulings on Terror Detention Policies Fox News, June 28, 2004
  3. ↑ First post-Supreme Court habeas petitions filed on behalf of detainees at Guantanamo Bay, Center for Constitutional Rights, 2004
  4. ↑ Supreme Court rules against detainees
  5. ↑ Congressional Research Service Report Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, updated April 6, 2007.
  6. ↑ Rasul v. Bush, 542 U.S. 466 (2004) (quoting lease).
  7. ↑ Id.
  8. ↑ "The president said the legislation must allow the CIA’s interrogation program to continue. "The information the Central Intelligence Agency has obtained by questioning men like Khalid Sheikh Mohammed has helped disrupt terrorist plots, including planned strikes inside the United States and on a U.S. Marine base in East Africa, an American consulate in Pakistan, and Britain's Heathrow Airport," Bush said "This CIA program has saved American lives, and the lives of people in other countries.”" [1]
  9. ↑ [2]
  10. ↑ [3]
  11. ↑ [4]
  12. ↑ Evidence Links ‘High-Value’ Detainee to Al Qaeda, By Donna Miles, American Forces Press Service, May 15, 2007.
  13. ↑ Taipei Times http://www.taipeitimes.com/News/world/archives/2004/05/30/2003157526
  14. ↑ Jurist http://jurist.law.pitt.edu/paperchase/2006/04/us-asks-germany-to-take-chinese.php
  15. ↑ http://www.defenselink.mil/news/Jun2004/d20040610cs.pdf Hicks' original charge sheet
  16. ↑ http://jurist.law.pitt.edu/paperchase/2007/02/us-re-charging-guantanamo-detainees.php Some background on the charge process
  17. ↑ http://www.defenselink.mil/news/d20070301hicks.pdf The Hicks Charge Sheet
  18. ↑ http://www.theage.com.au/news/world/hicks-knew-fight-was-wrong/2007/03/26/1174761313462.html
  19. ↑ http://www.theage.com.au/news/world/hicks-pleads-guilty/2007/03/27/1174761414531.html
  20. ↑ http://www.theage.com.au/news/national/short-jail-term-tipped-for-hicks/2007/03/28/1174761567951.html Short Jail Term Tipped For Hicks
  21. ↑ http://www.theage.com.au/news/national/hicks-elated-after-long-journey-home/2007/05/20/1179601242787.html Elated to be in solitary confinement
  22. ↑ http://www.theage.com.au/news/national/hicks-will-be-free-by-new-year/2007/03/30/1174761754698.html Hicks Will Be Free By New Year

External links

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