| There has been much in the news recently about the | | | | individuals to date who have been convicted by the |
| intended closure of the U.S. prison at Guantanamo | | | | military tribunals. One of these convictions was |
| Bay, Cuba. This prison has held those men who the | | | | actually a guilty plea made by the prisoner after only |
| U.S. Secretary of Defense Donald Rumsfeld referred | | | | one day of trial. This is despite millions of dollars being |
| to as "the worst of the worst". A total of some 800 | | | | spent and a huge amount of time spent on reviewing |
| men have been imprisoned or, as it is much of the | | | | the evidence the government has. |
| time euphemistically termed, 'detained' at | | | | What many people don't also seem to realise is that |
| Guantanamo during the last 7½ years. In the | | | | the United States was responsible for the arrest of |
| last few years, over 500 of these prisoners have | | | | only a fraction of men held at Guantanamo Bay. |
| been released leaving approximately 229 men | | | | Released documents from the U.S. Pentagon show |
| currently held there. The focus is once again on | | | | that U.S. forces captured only about 5% of them. |
| Guantanamo Bay and its prisoners as President Barak | | | | Another 2% were captured by other coalition forces. |
| Obama seeks to close down the prison by the end | | | | This means that some 93% of the men being held at |
| of January 2010. | | | | Guantanamo Bay were delivered by other |
| The big problem for President Obama's administration | | | | governments or individuals to the U.S. authorities. |
| is what to do with these last prisoners at | | | | Following the invasion of Afghanistan and of Iraq by |
| Guantanamo Bay. Some commentators have | | | | the U.S.-led coalition forces, bounties of U.S.$5,000 |
| stressed that moving these prisoners to another U.S. | | | | were offered by the U.S. government for anyone |
| prison will not negate the mistakes of the Bush | | | | who was "al-Qaeda or Taliban murderers". Many of |
| Administration nor will it address the current negative | | | | the Guantanamo prisoners said their capture took |
| view held by many countries in the world of the | | | | place either far away from the combat zones and/or |
| United States with respect to this prison. Of these | | | | they were turned in by a neighbour or village for the |
| 229 prisoners currently held at Guantanamo, about 60 | | | | money. This is a large amount of money to people in |
| of them have been cleared of any crime and are set | | | | these countries. The per capita income in Afghanistan |
| for release. A further 20 prisoners are currently | | | | is about $420 per year. Because so few of these |
| charged with a crime by the U.S. government. In | | | | men were actually captured by U.S. or coalition |
| between these two groups are another 150 prisoners | | | | forces, the evidence and reason for their capture |
| who must be tried or released. | | | | rests with the foreign government or individual who |
| Certain individuals in the U.S. including some members | | | | turns them in. Many times there are no witnesses to |
| of Congress have stated unequivocally that "these | | | | the alleged war crime; only a report from someone |
| terrorists must not be allowed in the United States". | | | | who later disappears. |
| This is an expansive statement as it covers two | | | | All individuals who are detained in custody are entitled |
| separate situations. First, it states that no one ever | | | | to know what they are charged with and to be |
| held in the Guantanamo Bay prison will ever step foot | | | | given a fair trial. A fair trial should be timely and the |
| on U.S. soil including, obviously, being given any right | | | | defendant is considered innocent until proven guilty. |
| to reside in the United States. Second, they are | | | | The rules covering any U.S. trial of men captured |
| referring to any of Guantanamo prisoner regardless | | | | outside the U.S. should reflect the laws of the United |
| of being cleared for release (either through no | | | | States, any international treaties entered into by the |
| charges or having served their time) or of being | | | | U.S., and customary law. For all these reasons, the |
| moved to a state maximum-security prison. The | | | | public needs a more balanced perspective on these |
| mentality is one of "not in my backyard". An element | | | | men currently held in the Guantanamo Bay prison. It |
| of fear is injected by labelling any one ever held at | | | | was never going to be easy to dismantle the prison |
| Guantanamo as a terrorist. To correctly and fairly | | | | because of the complex and integral way the Bush |
| judge the situation both the public and Congress | | | | Administration set it up. In keeping with fair trials, |
| need to remember the following facts about the men | | | | every man in Guantanamo prison is innocent until |
| who have been held in the Guantanamo Bay prison. | | | | proven guilty. At the time of most of these |
| Out of the total of some 800 men ever held at | | | | prisoners' capture, many charges of terrorism did not |
| Guantanamo, over 500 of them have been cleared | | | | even exist. These men are not the worst of the |
| of being an "enemy combatant" and released. | | | | worst. Most are not terrorists at all. Instead they are |
| Another 60 men have been cleared for release but | | | | innocent men who had the misfortune of being in the |
| they remain in the prison. The reasons for not being | | | | wrong place at the wrong time. Where confessions |
| released include their home countries not wanting | | | | have been obtained by torture or even by coercion, |
| them back and the U.S. not finding another host | | | | they cannot, under law, be used in any proceedings. |
| country for them or the U.S. government being | | | | Since it is the U.S. government including members of |
| reluctant to send them back to their home country | | | | Congress who created or agreed to this quagmire, it |
| because of the possibility of them being tortured or | | | | is time that they become responsible for what |
| a fear by the U.S. government that the home | | | | happens to these men. This may include allowing |
| government won't watch and monitor them. Only 26 | | | | certain former prisoners to remain in the United |
| men have been charged by any crime by the U.S. | | | | States to live once they have been released from |
| government, out of the 800 prisoners it had in | | | | prison. It is time for most of these prisoners to get |
| custody. In addition, there have only been 3 | | | | on with their lives. |