Guantanamo, Cuba (dpa) – Dark splatter marks dot the hallway ceiling at Guantanamo's Camp 5. “Fecal matter,” says a green-uniform-clad, two-meter-tall US military guard, describing how detainees at times hurl excrement and urine at prison personnel through small slots in their cell doors. Ten years after it opened on January 11, 2002, the detention facility, housed in the US Guantanamo Bay naval base, operates a multi-level security regime for the 171 prisoners still there. In some areas, prisoners roam free behind a Plexiglas barrier, where they have access to classes in English, art and time management. But in the place where excrement is hurled, “non-compliant” detainees are kept locked in 29-square-metre cells with a bed, mirror and sink for up to 20 days. Much like the stains on the ceiling, critics say the prison is a blight on the US international reputation and legal system, which guarantees suspects can hear charges against them, have a speedy trial and be assumed innocent until proven guilty. Over the past decade, at least 780 suspects have been held in Guantanamo, including 12 original inmates who are still there. Only one of the 12 has been tried – and sentenced to life in prison – and only a handful of more recently detained suspects have been tried. The Guantanamo detention facility, which is operated by a joint task force of the various US military branches, was set up by the George W Bush administration to hold suspected members of al-Qaeda and others picked up on battlefields in Iraq, Afghanistan and elsewhere who were not members of a state sponsored army. That non-state quality, the Bush administration argued, exempted the US government from providing protections of prisoners of war guaranteed under the Geneva Conventions. In addition, military prosecutors also defend the need for secrecy. During his 2008 run for the presidency, Barack Obama pledged to close Guantanamo to help restore America's standing in the human rights community. Yet in the face of resistance to his ideas of moving prisoners into the domestic court system – objections came from both New York City and Congress – Obama has not only backed down from the pledge, but also in December signed into law a controversial new provision that allows the military to take into custody anyone determined to be a member of al-Qaeda or “associated forces.” It is the first time Congress has passed a mandatory military custody provision into law. Although it exempts US citizens and allows for a presidential waiver, the law has attracted a new round of criticism from human rights advocates, who say it permits the military to indefinitely detain without charge individuals determined to be members or supporters of al-Qaeda or the Taliban. The new law – part of a military spending bill – seriously undermines the ability of the civilian government to interrogate and prosecute suspected terrorists, and because of its ambiguity could lead to more indefinite intentions, Melina Milazzo, an attorney with Human Rights First, told dpa. “The provisions are pretty much designed to keep Guantanamo open,” said Milazzo, whose organization has sent observers to Guantanamo since 2004. Under Obama, no new prisoners have been brought to Guantanamo. And the president appeared to share some of those misgivings to several provisions in the new law, issuing an unusual 1800-word signing statement opposing some parts. Critics fret that even if Obama issues waivers against mandatory military custody requests, future administrations may not, Milazzo said. The new law does not specifically forbid Congress from trying foreign or domestic terrorism suspects in civilian courts, but it does prohibit the transfer of Guantanamo detainees to the United States for prosecution. It also requires the Attorney General to consult with the Secretary of Defense and Director of National Intelligence before moving forward with any terrorism-related prosecution, thereby undermining the independence of the Department of Justice, critics say. A former Bush administration official who was responsible for detainee policy, Charles Stimson, said the new law changes very little in terms of the president's options to put someone in military custody. “The law doesn't apply to Americans and it doesn't mean the military is going to be driving down main street and snatching up granny. It is meant for al-Qaeda members and its affiliates and not meant for US citizens,” Stimson, now of the Heritage Foundation think tank, told dpa. Human rights advocates argue that jailing suspects in Guantanamo does not make the United States any safer, as more than 400 domestic terrorism cases – with both domestic and foreign suspects – have been brought before federal courts without incident. Those include “shoe bomber” Richard Reid of Britain and “underwear bomber” Umar Farouk Abdulmutallab of Nigeria, who have been tried for their attempts to blow up US-bound jetliners. Critics also say Guantanamo's continuing existence has provided fodder for al-Qaeda recruiters. They say it reinforces Muslim-world conspiracy theories that the United States is waging war against Islam. November marked the arraignment of alleged USS Cole bomber Abd al-Rahim al-Nashiri in a courtroom at Guantanamo, the first time charges were brought under the Obama administration's new rules, which prohibit admission of evidence obtained by cruel, inhuman and degrading treatment such as water-boarding that has occurred at Guantanamo. The next al-Nashiri hearing is January 17 or 18, and trial is slated for November 2012. Last year, the Obama administration determined that four dozen of the remaining Guantanamo detainees can neither be prosecuted nor released, and should remain in indefinite military detention without charge or trial. BM ShortURL: http://goo.gl/ChRtJ Tags: Guantanamo Bay, Obama, Prison Section: Human Rights, Latest News, North America
