The Catch-22 of Closing Gitmo

President Obama’s plan to close Guantanamo – even if it could be implemented – would still leave several dozen detainees in the legal limbo as “non-releasable,” albeit inside U.S. prisons, as Helen Schietinger explains.

By Helen Schietinger

The lineup of presenters at Human Rights First’s Closing Guantanamo event earlier this month promised to provide the inside scoop on how Obama is going to close the Guantanamo Bay prison and what the key roadblocks might be. But what I heard did nothing to allay my alarm that the Obama administration will continue the policy of indefinite detention of many “war on terror” detainees and will do nothing to hold accountable those who orchestrated and oversaw the torture of Muslim men in U.S. custody.

The two administration special envoys to close Guantanamo (the Pentagon’s Paul Lewis and Lee Wolosky of the State Department) and their predecessor, State’s Clifford Sloan, laid out the President’s plan for dealing with the remaining 91 detainees. Wolosky explained that the plan’s key objective is to complete the Periodic Review Board reviews and whittle down the number of “non-releasable” prisoners to a “mere” 30 or 40, thus making the job of dealing with a smaller group much easier.

Some of the original detainees jailed at the Guantanamo Bay prison, as put on display by the U.S. military.

Some of the original detainees jailed at the Guantanamo Bay prison, as put on display by the U.S. military.

 

Sloan added that sending those 30 prisoners elsewhere won’t be a problem after all those cleared for release are expeditiously transferred to other countries. The options for the ones to be prosecuted (perhaps 14 of the 30 or 40) include transfer for prosecution in a third country, trial by Military Commissions or trial in federal courts in the U.S.

The plan for prisoners who are not released or charged is to hold them in indefinite detention inside the U.S. Wolosky asserted that under no circumstances will the detainees being held under law of war authorities be released. He insisted that they are not entitled to more or fewer legal rights than other law of war detainees and would not have more rights if transferred to the U.S. than they now enjoy in Guantanamo, including habeas corpus…

Read more