BackgroundBackground

First created in 1898 after the United First created in 1898 after the United States took control of Cuba from Spain States took control of Cuba from Spain after the Spanish-American after the Spanish-American

On February 16,1903, leased through the On February 16,1903, leased through the Platt Amendment for 2,000 gold coins a Platt Amendment for 2,000 gold coins a year as a coaling and naval stationyear as a coaling and naval station

Lease updated on July 2, 1906 to make Lease updated on July 2, 1906 to make the annual lease amount $2,000.00. the annual lease amount $2,000.00. (checks from U.S. never cashed by Cuba)(checks from U.S. never cashed by Cuba)

Background cont.Background cont.

New lease in 1934 signed by Roosevelt New lease in 1934 signed by Roosevelt that included Fulgencio Batista along with that included Fulgencio Batista along with Bahía Honda and Guantánamo Bay Bahía Honda and Guantánamo Bay

In 1993, came under criticism for In 1993, came under criticism for segregating HIV positive Haitian refugees segregating HIV positive Haitian refugees in unsanitary and crowded Camp Bulkeleyin unsanitary and crowded Camp Bulkeley

In 1996, Operation Marathon used to In 1996, Operation Marathon used to house 120 Chinese migrants who had house 120 Chinese migrants who had attempted to illegally migrate to the attempted to illegally migrate to the United States by sea United States by sea

Background againBackground again

Approximately 800 individuals have Approximately 800 individuals have been detained over the last 7 years been detained over the last 7 years for being enemy combatantsfor being enemy combatants More than 500 have been released as of More than 500 have been released as of

nownow Most detainees have been there for Most detainees have been there for

at least 4 years with many being held at least 4 years with many being held for over 6 yearsfor over 6 years

Currently 240 detainees within the Currently 240 detainees within the detention centerdetention center

ProblemsProblems

Torture AllegationsTorture Allegations Center for Constitutional Rights published a report in 2006 Center for Constitutional Rights published a report in 2006

outlining Guantanamo torture techniquesoutlining Guantanamo torture techniques Psychological torturePsychological torture

• Solitary confinement, light and sound manipulation, temperature Solitary confinement, light and sound manipulation, temperature extremes, sleep deprivation, threats of transfer to other countries for extremes, sleep deprivation, threats of transfer to other countries for torturetorture

Physical abusePhysical abuse• Physical beatings, short shackling and stress positions, Immediate Physical beatings, short shackling and stress positions, Immediate

Reaction Force (IRF) which serves as a riot squad and disciplinary Reaction Force (IRF) which serves as a riot squad and disciplinary forceforce

• US Department of Justice memos released in April reveal that Sheikh US Department of Justice memos released in April reveal that Sheikh Mohammed was waterboarded 183 times in one month.Mohammed was waterboarded 183 times in one month.

Medical AbuseMedical Abuse• Use of doctors to tell confidential information to interrogators, Use of doctors to tell confidential information to interrogators,

withholding medical care, unnecessary medical procedures, withholding medical care, unnecessary medical procedures, Behavioral Science Consultation Team (a group of psychiatrists) Behavioral Science Consultation Team (a group of psychiatrists) developed extreme interrogation techniquesdeveloped extreme interrogation techniques

Sexual Abuse / HarassmentSexual Abuse / Harassment• Sexual provocations by female interrogators, rape, harassmentSexual provocations by female interrogators, rape, harassment

Religious AbuseReligious Abuse• Purposeful desecration of the Qur’an (the cause of a mass suicide Purposeful desecration of the Qur’an (the cause of a mass suicide

attempt in 2003), interference with religious practices (prayer), attempt in 2003), interference with religious practices (prayer), religious humiliation religious humiliation

Torture Cont.Torture Cont.

In 2003 alone, the alleged torture was the In 2003 alone, the alleged torture was the cause of 350 acts of self-harm cause of 350 acts of self-harm Has caused international outrage from many Has caused international outrage from many

countries, who want the closing of countries, who want the closing of Guantanamo BayGuantanamo Bay

Human rights groups are appalled by the Human rights groups are appalled by the allegations and attempt to influence legislation allegations and attempt to influence legislation to end torture techniquesto end torture techniques

However, a recent GfK Roper Public Affairs However, a recent GfK Roper Public Affairs & Media poll found that 52 percent of & Media poll found that 52 percent of Americans believe that torture is often Americans believe that torture is often justified to obtain informationjustified to obtain information

Return of DetaineesReturn of Detainees

A recent report filed by the Pentagon A recent report filed by the Pentagon has concluded that among the more has concluded that among the more than 530 detainees released from than 530 detainees released from Guantanamo Bay, many re-engaged Guantanamo Bay, many re-engaged in terrorism or militant activitiesin terrorism or militant activities

• About one in seven (or 14%) were calculated About one in seven (or 14%) were calculated as being dangerous to international security as being dangerous to international security after being relocatedafter being relocated

• 27 were confirmed as having re-engaged in 27 were confirmed as having re-engaged in terrorist or militant activity and 47 were terrorist or militant activity and 47 were suspected of doing sosuspected of doing so

UighursUighurs

There are currently 17 Uighurs, who are There are currently 17 Uighurs, who are minority Muslims from north-western minority Muslims from north-western China, detained at Guantanamo BayChina, detained at Guantanamo Bay

• They have all been cleared of terrorism chargesThey have all been cleared of terrorism charges• Do not want to return to China for fear of torture by Do not want to return to China for fear of torture by

their countrymentheir countrymen• Are proving to be very hard to place in other Are proving to be very hard to place in other

countries since they previously attended terrorist countries since they previously attended terrorist camps in Afghanistancamps in Afghanistan

• In 2006, Albania accepted five Uighur detainees from In 2006, Albania accepted five Uighur detainees from Guantanamo but will not take more for fear of Guantanamo but will not take more for fear of diplomatic repercussions from China diplomatic repercussions from China

EuropeEurope Europe has consistently pushed the United Europe has consistently pushed the United

States to close Guantanamo BayStates to close Guantanamo Bay Obama wants European nations to take in Obama wants European nations to take in

approximately 50 to 60 current inmatesapproximately 50 to 60 current inmates• Can’t be returned to their home countries since they Can’t be returned to their home countries since they

could face torture or their governments do not want could face torture or their governments do not want them backthem back

European nations are now reluctant to take European nations are now reluctant to take in the prisoners for fear of their own national in the prisoners for fear of their own national securitysecurity

• Thomas Silberhorn, a member of the German Parliament Thomas Silberhorn, a member of the German Parliament claims, "If the U.S. refuses to take these people, why claims, "If the U.S. refuses to take these people, why should we?"should we?"

Europe cont.Europe cont.

Individual European countries are able to Individual European countries are able to decide for themselves if they want to decide for themselves if they want to accept inmates within their bordersaccept inmates within their borders

Due to the Schengen agreement, prisoners Due to the Schengen agreement, prisoners that are accepted into a country within the that are accepted into a country within the European Union can travel into any other European Union can travel into any other without problemswithout problems

• The agreement gets rid of barriers between the 27 The agreement gets rid of barriers between the 27 member countries within the European Unionmember countries within the European Union

• Entry into one country would allow easy travel into Entry into one country would allow easy travel into many othersmany others

CanadaCanada

Canada refuses to accept any Canada refuses to accept any Guantanamo Bay detainees into their Guantanamo Bay detainees into their countrycountry

A spokesman for the Prime Minister's A spokesman for the Prime Minister's Office refuses, saying "prisoners that have Office refuses, saying "prisoners that have absolutely no connection to Canada will absolutely no connection to Canada will not be brought to Canada." not be brought to Canada."

Makes one less place where Guantanamo Makes one less place where Guantanamo Bay detainees can be relocated after Bay detainees can be relocated after leaving Cubaleaving Cuba

South CarolinaSouth Carolina

Resolution passed unanimously by state House Resolution passed unanimously by state House is now off to their Senate in an attempt to block is now off to their Senate in an attempt to block detainees from being located to the U.S. Navy detainees from being located to the U.S. Navy brig at Charleston brig at Charleston

• It urges "both the president of the United States and It urges "both the president of the United States and Congress … to refrain from locating or relocating in South Congress … to refrain from locating or relocating in South Carolina individuals whom the federal government has Carolina individuals whom the federal government has classified as 'enemy combatants' … who is suspected of classified as 'enemy combatants' … who is suspected of committing, conspiring to commit or attempting to commit an committing, conspiring to commit or attempting to commit an act of terror on United States soil or abroad." act of terror on United States soil or abroad."

• NNot ot iin n mmy y bbackackyyard attitude (NIMBY)ard attitude (NIMBY)

ProposalsProposals

Obama’s Executive OrderObama’s Executive Order

Signed by President Obama on Signed by President Obama on January 22, 2009January 22, 2009

• Will review the facilities and all inmates that Will review the facilities and all inmates that are currently being held on a rolling basisare currently being held on a rolling basis

• Orders the closure of the detention center Orders the closure of the detention center within one year from the date it was signed within one year from the date it was signed (January 22, 2010)(January 22, 2010)

• Detainees will be returned to their home Detainees will be returned to their home country, released, transferred to a third country, released, transferred to a third country, prosecuted, or transferred to country, prosecuted, or transferred to another United States detention facility another United States detention facility

Federal Court SystemFederal Court System

Ahmed Khalfan Ghailani was brought to Ahmed Khalfan Ghailani was brought to New York to be triedNew York to be tried

• Is the first Guantanamo Bay detainee to be tried in a Is the first Guantanamo Bay detainee to be tried in a United States civil courtUnited States civil court

• Pleaded not guilty on June 9, 2009 to mass murder Pleaded not guilty on June 9, 2009 to mass murder charges related to the 1998 bombings of two US charges related to the 1998 bombings of two US embassies in Africa (Tanzania and Kenya)embassies in Africa (Tanzania and Kenya)

• Helped kill 224 people, including 12 AmericansHelped kill 224 people, including 12 Americans• Also served as a bodyguard to al-Qa'ida leader Also served as a bodyguard to al-Qa'ida leader

Osama bin LadenOsama bin Laden

Could face the death penalty if convicted Could face the death penalty if convicted on the multiple murder chargeson the multiple murder charges

Revamped Military Revamped Military CommissionsCommissions

Obama plans to reinstate military tribunals Obama plans to reinstate military tribunals for Guantanamo Bay inmates, but with for Guantanamo Bay inmates, but with revisions for their protectionrevisions for their protection

Revisions will provide more rights to Revisions will provide more rights to detaineesdetainees Will ban evidence obtained through "cruel, Will ban evidence obtained through "cruel,

inhuman, or degrading" interrogation inhuman, or degrading" interrogation techniques, such as torturetechniques, such as torture

Additional restrictions on the admissibility of Additional restrictions on the admissibility of hearsay evidencehearsay evidence

Less restrictions on defendants, allowing them to Less restrictions on defendants, allowing them to choose their own counsel in trials choose their own counsel in trials

Protecting inmates from "adverse inference" if Protecting inmates from "adverse inference" if they choose not to testify at a trialthey choose not to testify at a trial

Indefinite DetentionIndefinite Detention There may be some detainees who are being There may be some detainees who are being

held that are not able to be prosecuted for held that are not able to be prosecuted for their crimes, yet still pose a considerable their crimes, yet still pose a considerable threat to the United Statesthreat to the United States

• Would include those who have received explosives Would include those who have received explosives training at al-Qaeda camps, commanded Taliban troops training at al-Qaeda camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden in battle, expressed their allegiance to Osama bin Laden or made it clear that they want to kill Americans or made it clear that they want to kill Americans

Obama said any system of detention "must Obama said any system of detention "must have a thorough process of periodic review, have a thorough process of periodic review, so that any prolonged detention is carefully so that any prolonged detention is carefully evaluated and justified.“evaluated and justified.“

• Oversight could include annual or bi-annual reviews by a Oversight could include annual or bi-annual reviews by a national security court in which the government's national security court in which the government's burden of proof to extend detention increases over timeburden of proof to extend detention increases over time

Hardin, MontanaHardin, Montana

Hardin, Montana has offered to take some Hardin, Montana has offered to take some Guantanamo Bay detainees and hold them Guantanamo Bay detainees and hold them in their state of the art prisonin their state of the art prison

Their $27 million dollar prison is emptyTheir $27 million dollar prison is empty Hardin is in the poorest county in Montana, Hardin is in the poorest county in Montana,

with an unemployment rate of over 10%with an unemployment rate of over 10%• By filling their prison, they hope to create more jobs By filling their prison, they hope to create more jobs

and stimulate their faltering economyand stimulate their faltering economy

Local council voted unanimously for the ideaLocal council voted unanimously for the idea

Petros, TennesseePetros, Tennessee

Morgan County Commissioner Nicholas Morgan County Commissioner Nicholas Bishop has drafted a proposal to house Bishop has drafted a proposal to house Guantanamo Bay detainees 125 miles away Guantanamo Bay detainees 125 miles away from Chattanoogafrom Chattanooga

• Plan is to be presented on June 22Plan is to be presented on June 22

Would use Brushy Mountain PrisonWould use Brushy Mountain Prison• Was previously decommissioned by the state and is Was previously decommissioned by the state and is

sitting idle at the taxpayers’ expensesitting idle at the taxpayers’ expense

Are hoping that it would create 600 –1,000 Are hoping that it would create 600 –1,000 new jobs in the region and stimulate their new jobs in the region and stimulate their economyeconomy

EuropeEurope

Several European countries have Several European countries have offered to accept current inmates into offered to accept current inmates into their countriestheir countries

• Including Spain, Italy, Belgium, Switzerland Including Spain, Italy, Belgium, Switzerland and Portugal and Portugal

• Albania, France, Sweden and the United Albania, France, Sweden and the United Kingdom have accepted non-citizens in the Kingdom have accepted non-citizens in the pastpast

• Want to provide cleared detainees with Want to provide cleared detainees with international protection from prosecution in international protection from prosecution in their home countriestheir home countries

Palau Palau

Palau being looked at to accept 17 Uighur Palau being looked at to accept 17 Uighur detaineesdetainees

The archipelago of 20,000 citizens in the The archipelago of 20,000 citizens in the Philippines is talking with the U.S. Philippines is talking with the U.S. government and negotiating the possible government and negotiating the possible transfertransfer

U.S. is possibly offering up to $200 million U.S. is possibly offering up to $200 million in development, budget support and other in development, budget support and other assistance to the country in return for assistance to the country in return for accepting the Uighurs accepting the Uighurs

MalaysiaMalaysia

Malaysian Prime Minister Najib Razak Malaysian Prime Minister Najib Razak is looking forward to the return of is looking forward to the return of two Malaysian detaineestwo Malaysian detainees Held at Guantanamo since 2006 for Held at Guantanamo since 2006 for

assistance in terrorist actsassistance in terrorist acts Mohd Farik Bin Amin and Mohammed Mohd Farik Bin Amin and Mohammed

Nazir Bin Lep are both “high – value Nazir Bin Lep are both “high – value detainees”detainees”

TunisiaTunisia

Tunisia's justice minister, Bechir Tunisia's justice minister, Bechir Tekkari, stated that he would not Tekkari, stated that he would not turn away the 10 Tunisian detainees turn away the 10 Tunisian detainees currently held at Guantanamo Baycurrently held at Guantanamo Bay

Has not spoken with the Obama Has not spoken with the Obama administration at this point to administration at this point to negotiate their returnnegotiate their return

AfghanistanAfghanistan

Afghan President Hamid Karzai has said that his Afghan President Hamid Karzai has said that his country is ready to take back all Afghan inmates country is ready to take back all Afghan inmates and deal with their legal issuesand deal with their legal issues

The country is especially fighting for the release The country is especially fighting for the release of Mohammad Jawad, who was arrested at the of Mohammad Jawad, who was arrested at the age of 12 in 2002 after a grenade attack that age of 12 in 2002 after a grenade attack that wounded two American soldierswounded two American soldiers

• Claim his arrest was illegal due to his young ageClaim his arrest was illegal due to his young age

Death Row DetaineesDeath Row Detainees Are considering allowing death row detainees Are considering allowing death row detainees

to plead guilty without a full trialto plead guilty without a full trial• Could allow the five detainees who were involved in the Could allow the five detainees who were involved in the

Sept. 11, 2001, attacks to plead guiltySept. 11, 2001, attacks to plead guilty

Would allow military prosecutors to avoid Would allow military prosecutors to avoid airing the details of interrogation techniquesairing the details of interrogation techniques

According to Air Force Maj. David J. R. Frakt, a According to Air Force Maj. David J. R. Frakt, a Guantanamo Bay defense lawyer, "They are Guantanamo Bay defense lawyer, "They are trying to give the 9/11 guys what they want: trying to give the 9/11 guys what they want: Let them plead guilty and get the death Let them plead guilty and get the death penalty and not have to have a trial.”penalty and not have to have a trial.”

PoliticsPolitics

Public OpinionPublic Opinion USA TODAY/Gallup Poll found that USA TODAY/Gallup Poll found that

Americans are overwhelmingly against Americans are overwhelmingly against closing Guantanamo Bayclosing Guantanamo Bay

By 40%-18%, they said the prison had By 40%-18%, they said the prison had strengthened national security rather than strengthened national security rather than weakened it weakened it

A 54% majority of those polled say the A 54% majority of those polled say the prison should remain open prison should remain open

By more than 3-1, they oppose moving By more than 3-1, they oppose moving some of the accused terrorists to prisons some of the accused terrorists to prisons in their own states in their own states

• ““Not In My Back Yard” opinionNot In My Back Yard” opinion

SenateSenate

On May 20, a Senate vote of 90 – 6 On May 20, a Senate vote of 90 – 6 rejected President Obama’s proposal of rejected President Obama’s proposal of the transfer of Guantanamo detainees the transfer of Guantanamo detainees to the United States and his $80 million to the United States and his $80 million budget to close the detention centerbudget to close the detention center

• Bipartisan rejection of the planBipartisan rejection of the plan Insist on a concise plan that outlines Insist on a concise plan that outlines

what will be done with prisoners once what will be done with prisoners once they are releasedthey are released

• Concerned about national security issuesConcerned about national security issues

Human Rights GroupsHuman Rights Groups Consistently urge Obama and legislature to Consistently urge Obama and legislature to

stop Guantanamo Bay proceedings, stop Guantanamo Bay proceedings, influence legislation and to close the camp influence legislation and to close the camp as soon as possibleas soon as possible

• Are keeping a close watch on the progress surrounding Are keeping a close watch on the progress surrounding Guantanamo BayGuantanamo Bay

Human Rights Watch, an independent Human Rights Watch, an independent agency, attempts to influence Guantanamo agency, attempts to influence Guantanamo Bay decisionsBay decisions

• Their “objective investigations and strategic, targeted Their “objective investigations and strategic, targeted advocacy build intense pressure for action and raise the advocacy build intense pressure for action and raise the cost of human rights abuse” cost of human rights abuse”

Guantanamo Human Rights CommissionGuantanamo Human Rights Commission• Human rights group committed to defending Islamic Human rights group committed to defending Islamic

jihadists captured in battle in Afghanistan and being jihadists captured in battle in Afghanistan and being detained at Guantanamo Bay detained at Guantanamo Bay

Policy Window?Policy Window?

I believe that there is a policy I believe that there is a policy window open for issues surrounding window open for issues surrounding Guantanamo BayGuantanamo Bay

• President Obama has declared that it must President Obama has declared that it must be closed by January 2010, but no one be closed by January 2010, but no one knows what to do with the current detaineesknows what to do with the current detainees

• Plans need to be formed that outline the Plans need to be formed that outline the release policy of inmates, including how and release policy of inmates, including how and where they will be tried, and how the closing where they will be tried, and how the closing of the detention center will be carried outof the detention center will be carried out

• Need bipartisan support, as the Senate Need bipartisan support, as the Senate showed their power over an unpopular and showed their power over an unpopular and hasty bill hasty bill