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A U.S. Military Police soldier walks into a cellblock at the Guantanamo Bay Naval Base, Cuba in June 2004. (AP Photo/Andres Leighton)
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INDEPTH: GUANTANAMO
Guantanamo Bay
CBC News Online | Updated July 11, 2006
The United States outpost at the eastern tip of Cuba is officially known as Guantanamo Bay Naval Base, but for the people stationed there it's called "Gitmo."
It is in Gitmo where the "detainees" from what the United States calls the Global War on Terror are being kept.
There are reports that senior members of al-Qaeda and other "high value" suspects are kept elsewhere, including U.S. naval vessels at sea, the U.S. air base on the British Indian Ocean island of Diego Garcia, and Bagram Air Base near Kabul, Afghanistan.
The U.S. has occupied the Guantanamo base since 1898, leasing it from Cuba for some $4,000 per year. Cuban President Fidel Castro refuses to cash the rent cheques, calling the 116-sq.-km base "a dagger pointed at Cuba's heart."
The first batch of 20 "detainees" arrived in January 2002, after a 20-hour flight from Afghanistan.
The prisoners wore orange overalls and some reports said they were sedated, their heads hooded, and they were chained to their seats and to each other. The U.S. calls them "unlawful enemy combatants," rather than "prisoners of war."
In early 2002, Washington promised to abide by the Geneva Conventions governing POWs despite the men's status as detainees but since the prisoner abuse scandal at Abu Ghraib prison near Baghdad, there have been increasing questions just what the United States policy is.
The first open-air, high-security prison was known as Camp X-ray. The cells had a metal roof, but each was open to the elements. This precaution was taken in order for guards to be able to see prisoners at all times.
Camp X-ray was replaced in April 2002 by a newly-built long-term prison known as Camp Delta. The prison can accommodate up to 2,000 prisoners and features enclosed cells, each with its own flush-toilet and running water.
According to the U.S. State Department, in April 2005 there were about 520 detainees on the base from more than 40 countries. At that point, 232 detainees had left Guantanamo Bay: 149 were released and 83 were transferred to other governments.
In January 2005, the U.S. military revealed that 23 prisoners tried to hang or strangle themselves during a mass protest over several days in August 2003. There were 10 such cases on Aug. 22, 2003, alone. However, the military recorded only two of the 23 incidents as suicide attempts.
The military has reported 34 suicide attempts since January 2002.
In 2003, there were also 350 incidents of self-harm, including 130 "hanging gestures."
Releases from Camp Delta
In late October 2003, a Canadian, Abdurahman Khadr, was released from the prison, but was sent to Bosnia. From there he returned to Canada, where he told CBC News he was recruited by the U.S. as a double agent.
At least one other Canadian, Abdurahman's younger brother, Omar Khadr, 16, is being held in Cuba. Omar is suspected of killing a U.S. serviceman in Afghanistan. In February 2005, his family told reporters the boy was being abused at Guantanamo.
In November 2003, five Pakistani prisoners were released and, days later, another 20 left the prison, although their identities and nationalities were not released.
It was only in February of 2004 that the first of the Guantanamo detainees were charged. Two men Ali Hamza Ahmed Sulayman al-Bahlul of Yemen and Ibrahim Ahmed Mahmoud al-Qosi of Sudan were charged on Feb. 24, 2004, with conspiracy to commit war crimes.
They were expected to be tried by military tribunal, but those tribunals were suspended when a U.S. court ruled them unconstitutional in November 2004. The Supreme Court declared them illegal about two years later.
In March 2004, the U.S. military released five British prisoners and sent them back to the U.K. Four of the men were arrested under the Terrorism Act. The other was detained by immigration authorities. All five of the men were released without charges.
Three of the men later said they had been systematically abused while in Camp Delta. Their lawyers prepared a 115-page report based on their allegations that they were beaten, injected with drugs, deprived of sleep, hooded, and subjected to body cavity searches, and sexual and religious humiliations.
In January 2005, the Pentagon said it had built a new, 100-cell prison at Guantanamo Bay. If Congress approves the expenditure, there will be a second 200-bed prison, built at a cost of $25 million US. Both are designed to hold people defined by the Pentagon as terror suspects who no longer have intelligence value but who, for lack of evidence or other reasons, will not face military tribunals. The plans are apparently to hold those suspects indefinitely.
Criticisms
In May 2005, Newsweek magazine ran a story about U.S. interrogators at Guantanamo Bay desecrating the Qur'an to get inmates to talk, including placing the holy book on a toilet and, in one case, flushing it down the toilet. The report sparked anti-American riots in Afghanistan in which 17 people died.
The magazine later retracted the story, saying it was based on a U.S. government source whose story was in doubt. In June 2005, the Pentagon confirmed a list of abuses to the Quran, calling them relatively minor.
The abuses include: splashing urine on a prisoner and his Qur'an, stepping on and kicking the Qur'an, throwing water on it, and scratching an obscenity on the inside cover.
The commander of the Guantanamo Bay detention centre said there were also 15 cases of detainees abusing their own Qur'ans, including "attempting to flush a Qur'an down the toilet and urinating on the Qur'an."
Lawyers in the United States are continuing to challenge the Bush administration policy in Guantanamo. In January 2005, one U.S. district judge ruled that the prisoners should be covered by the U.S. Constitution, noting, "the right not to be deprived of liberty without due process of law is one of the most fundamental rights of the U.S. Constitution." The administration has appealed the ruling.
Britain's third most senior judge, Judge Johan Steyn, has criticized the U.S. for holding terror suspects in Guantanamo, calling it a "monstrous failure of justice."
"By denying the prisoners the right to raise challenges in a court about their alleged status and treatment, the United States government is in breach of the minimum standards of customary international law," he said.
The International Red Cross has also condemned the prolonged detention of military prisoners at the base.
In June 2004, the U.S. Supreme Court ruled that the detainees could challenge their detention in court.
In response, the military set up the Combatant Status Review Tribunals to determine whether the prisoners are being held properly. The tribunals began in late July 2004. Lawyers for the detainees, however, have said the tribunals are a sham and are ''designed to prevent this court and other district courts from conducting the
proceedings envisioned by the Supreme Court.''
By November 2004, there had been 325 hearings. Only two tribunals recommended that detainees be released. Then the U.S. Federal Court ruled that the Bush administration was wrong when it declared detainees were not entitled to full prisoner of war status, and the hearings were stopped.
In February 2006, a United Nations human rights report called on the United States to immediately close the Guantanamo detention centre, saying that some of the treatment meted out to detainees there amounted to torture. The UN said the U.S. should release the 500 prisoners or bring them to trial. The U.S. rejected the report's findings.
In April 2006, the U.S. released a list of Guantanamo detainees, in response to a Freedom of Information request by the Associated Press. However, the list only names detainees who passed through the Combatant Status Review Tribunal process in 2004 and 2005.
In May 2006, yet another United Nations report this one from the United Nations Committee Against Torture called on the United States to stop using the prison at Guantanamo. The report recommended Washington either release all the prisoners, making sure none are turned over to countries where they will be tortured, or put them on trial.
On June 29, 2006, the U.S. Supreme Court ruled that the military tribunals arranged by the Bush administration for detainees at Guantanamo are illegal. The court said the trials do not conform to any act of Congress, and rejected the argument that the Geneva Conventions do not apply to prisoners at Guantanamo Bay.
Legal analysts say the implications of the ruling are still being examined by the Bush administration and defence lawyers.
Bush Administration relents, says prisoners protected under Geneva Conventions
Just two weeks after the U.S. Supreme Court ruling, the White House reversed its position. On July 11, 2006, a U.S. Defence department memo declared that all detainees held in U.S. military custody around the world are entitled to protections under the Geneva Conventions, which include treating detainees humanely and giving them trials with judicial guarantees. However, White House press secretary Tony Snow said the policy described in the memo did not mark a switch in the Bush administration's policy, and insisted that all U.S. detainees have been treated humanely.
There are 558 people being held at Guantanamo, from Afghanistan, Saudi Arabia and 39 other countries. Among the detainees is Omar Khadr of Canada. One hundred and thirty-two of the listed prisoners are from Saudi Arabia, 125 are from Afghanistan and 107 are from Yemen.
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