Guantanamo, 14 years

Despite the announcement of new transfers, U.S. government fails to keep its promise to close the prison

GUANTANAMO BAY, Cuba – Spc. Emely Nieves from the Puerto Rico Army National Guard guards her post over the Joint Task Force Guantanamo detention facility at sunrise, Jan. 7. JTF Guantanamo provides safe, humane, legal and transparent care and custody of detainees, including those convicted by military commission and those ordered released by a court. The JTF conducts intelligence collection, analysis and dissemination for the protection of detainees and personnel working in JTF Guantanamo facilities and in support of the War on Terror. JTF Guantanamo provides support to the Office of Military Commissions, to law enforcement and to war crimes investigations. The JTF conducts planning for and, on order, responds to Caribbean mass migration operations. (JTF Guantanamo photo by U.S. Air Force Senior Airman Gino Reyes) UNCLASSIFIED – Cleared for public release. For additional information contact JTF Guantanamo PAO 011-5399-3589; DSN 660-3589 www.jtfgtmo.southcom.mil

Before a prison can be closed, its cells need to be empty. That may seem simple and obvious, but it is the barrier that has threatened the ability of U.S. President Barack Obama, before he leaves office, to keep one of his first and most important promises: to close Guantanamo, the ultimate symbol of the violations committed by the United States in the ‘war on terror’.

The prison turns 14 years old today, January 11, and its existence was the target of new and harsh criticisms by the United Nations. In an open letter released today, the UN urged the U.S. government to close the facility immediately.

The document was signed by the special rapporteurs on torture (Juan Méndez), on human rights and counterterrorism (Ben Emmerson) and on independence of the judiciary (Mónica Pinto), and by the chair-rapporteur of the working group on arbitrary detention (Seong-Phil Hong) and the director of the Office for Democratic Institutions and Human Rights of the OSCE (Organization for Security and Co-operation in Europe).

“The United States must clean up its own house – impunity only generates more abuses, as States do not feel compelled to stop engaging in illegal practices,” they said. The experts also called for everyone implicated in the violations committed at Guantanamo, including the most senior authorities, to be held accountable.

Click here to read the joint letter released by the UN.

Transfers

The anniversary of the opening of the prison coincided with a new round of prisoner transfers. Today, January 11, the Saudi Arabian Mohammed Shimrani, detained since 2002, returned to his home country. Similarly, Fayez al Kandari returned to Kuwait after spending 14 years in illegal detention. Like the vast majority of prisoners at Guantanamo, neither man was ever formally charged with a crime.

On Thursday, January 7, two Yemeni men Mahmud Umar Muhammad bin Atef and Khalid Muhammad Salih al-Dhuby arrived in Ghana with refugee status. Both men were cleared for transfer in 2010, after a long review of their cases by six government agencies (including the CIA and the FBI). This means that, since then, they have not been suspected of any crime.

In spite of this, Bin Atef and al-Dhuby remained in detention until the announcement of the humanitarian offer. The delay was caused by the impossibility of their returning to Yemen, which is going through a serious internal conflict, and because of the ban on Guantanamo detainees from entering U.S. territory (the prison is located in Cuba).

The transfer of prisoners to other countries is currently one of the main obstacles in the way of closing the facility. According to a statement from the Ministry of Defense sent to the U.S. Congress in late December, another 13 men are due to be accepted by as yet undisclosed nations by the end of January.

The news of the releases was celebrated by human rights organizations that advocate for the closure of Guantanamo, but the problem is still far from over. Despite the transfers that are scheduled for this month, there are still 90 people held at the prison. Of these, 31 could be released if a country is willing to accept them.

“Ever since its opening, Guantanamo has functioned like a legal black hole,” said Jessica Morris, executive director of Conectas. “The difficulty of releasing the people who remain there, in that unbearable limbo, is just more evidence of how the doctrine of the so-called war on terror is an affront to democracy and justice. We demand that these men be either released or formally charged and prosecuted by the United States,” she added.

See the countries that have already received people who spent time in Guantanamo:

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Involvement of Brazil

Over the past few months, pressure has mounted for Latin American countries to join the international efforts to close Guantanamo. In the last week of December, the Mercosur Social Summit published a specific item in its final declaration calling for the block to take in former prisoners.

The recommendation echoes the points made in a report published in August 2015 by the IACHR (Inter-American Commission on Human Rights) of the OAS (Organization of American States). This document was explicit in its appeal for countries in the region to reassert “the long tradition of asylum and protection of refugees” by receiving detainees from Guantanamo.

Despite pressure from Brazilian and international human rights organizations, President Dilma Rousseff has still not spoken officially about the possibility of Brazil actively contributing to the closure of the prison.

“Guantanamo was created and maintained by the United States, but it is important for all countries, especially those from our continent, to be actively involved in its closure,” said Laura Waisbich, adviser to the Foreign Policy program at Conectas. “Brazil has a tradition of accepting refugees, which was demonstrated in September with the renewal of the policy of humanitarian visas for Syrians. We hope that the Rousseff administration can view this situation as a unique opportunity to reaffirm its commitment to ending torture in the world,” she added.

In June 2015, during a visit by President Barack Obama, Conectas published five reasons why Brazil can and should receive men held at Guantanamo as refugees:

1.     It is necessary to put a stop to the violations associated with the existence of the prison, such as torture, arbitrary detention and force-feeding. But before Guantanamo can be closed and these violations can end, the complex first needs to be emptied.

2.     The origin of Guantanamo is in the United States, but its impact on human rights violations is global. Its existence undermines international law and the consensus that has been built on the prohibition of torture and mistreatment and on the right to due process and to a defense. In a country like Brazil, which has the world’s fourth largest prison population, it is imperative to reinforce the value of these guarantees.

3.     No charges are pending against the prisoners who have been cleared for release. After a careful review process, six U.S. agencies (including the CIA and the FBI) unanimously found that these people pose no threat to national security and could finally be released after spending years in prison without formal charges.

4.     The resettlement of Guantanamo detainees would be a boon for Brazilian foreign policy. A decision to join the group of countries that have already received prisoners would increase Brazil’s political clout, reasserting its prominence in global crises and setting an example for other countries in the region to follow. President Dilma Rousseff, herself a survivor of torture during the Brazilian dictatorship, has the standing to establish herself as a reference in the struggle to close Guantanamo.

5. The social and political conditions are favorable. Brazil has a tradition of receiving immigrants and refugees and it has adopted humanitarian initiatives in certain cases – like for Haitians and Syrians. Resettling Guantanamo prisoners would also be consistent with the principles of solidarity and non-indifference defended by Brazilian diplomacy.