Guantánamo Bay detainment camp serves as a joint military prison and interrogation camp under the leadership of Joint Task Force Guantanamo (JTF-GTMO) and has occupied a portion of the United States Navy's base at Guantanamo Bay, Cuba since 2002.[1] The prison holds people suspected by the executive branch of the U.S. government of being al-Qaeda and Taliban operatives, but with some people no longer considered suspects who are being held pending relocation elsewhere. The prisoners were captured in Afghanistan and elsewhere around the world.
The detainment areas consist of three camps in the base: Camp Delta (which includes Camp Echo), Camp Iguana, and the now-closed Camp X-Ray. The facility is often referred to as Guantanamo, Gitmo (derived from the abbreviation "GTMO" ), or Camp X-Ray.[2]
The camp has drawn strong criticism both in the U.S. and world-wide for its detainment of prisoners without trial, and allegations of torture. The detainees held by the United States were classified as "enemy combatants". The U.S. administration had claimed that they were not entitled to the protections of the Geneva Conventions, but the U.S. Supreme Court ruled against this interpretation on June 19, 2006. Following this, on July 7, 2006 the Department of Defense issued an internal memo stating that prisoners will in the future be entitled to protection under the Geneva Conventions.[3][4][5]
Most of the detainees still at Guantanamo are not scheduled for trial. As of November 2006, according to MSNBC.com, out of 775 detainees who have been brought to Guantanamo, approximately 340 have been released, leaving 435 detainees. Of those 435, 110 have been labeled as ready for release. Of the other 325, only "more than 70" will face trial, the Pentagon says. That leaves about 250 who may be held indefinitely.[6]
Pentagon sources have said that some detainees who were deemed to no longer pose a threat and were released have since been recaptured or killed while fighting US and coalition forces in Afghanistan and Pakistan.[7]
History
In the last quarter of the 20th century, the Guantanamo Bay Naval Base was used to house Cuban and Haitian refugees intercepted on the high seas. In the early 1990s, it held refugees who fled Haiti after military forces overthrew democratically elected President Jean-Bertrand Aristide. These refugees were held in a detainment area called Camp Bulkeley until United States District Court Judge Sterling Johnson Jr. declared the camp unconstitutional on June 8, 1993. The last Haitian migrants departed Guantánamo on November 1, 1995.
The Migrant Operations Center on Guantánamo typically keeps fewer than 30 people interdicted at sea in the Caribbean region.
On June 16, 2005, the United States Department of Defense announced that a unit of defense contractor Halliburton will build a new $30 million detention facility and security perimeter around the base.
Detainees
On September 22, 2004 ten prisoners were brought from Afghanistan. A total of 242 detainees had been moved out of Guantánamo as of July 20, 2005, including 173 that were released, and 69 transferred to the governments of other countries, according to the United States Department of Defense.[8]
As of November 7, 2005, 358 of the 505 detainees then held at Guantánamo Bay have had Administrative Review Board hearings, according to a November 12, 2005, report by the Wall Street Journal. Of these, 3 percent were granted and awaiting release, 20 percent were to be transferred, 37 percent were to be further detained at Guantánamo, and no decision had been made in 40 percent of the cases. Of the 505 detainees, 100 or more are from Saudi Arabia, about 80 from Yemen, about 65 from Pakistan, about 50 from Afghanistan, two from Syria and one from Australia.
A Camp Delta recreation and exercise area at Guantánamo Bay, Cuba. The detention block is shown with sunshades drawn on December 3, 2002.
Controversy
Actions of the U.S. government
The status of this prison is not clear. U.S. courts have partially accepted the status of the prison as existing outside many of the U.S. laws, with the caveat that additional rights be provided regarding due process. [citation needed]In June 2006, the U.S. Supreme Court further restricted the Bush administration's use of military tribunals to try the detainees.[citation needed]
The Executive branch of the U.S. government has classified the detainees in Camp X-Ray as "enemy combatants," rather than prisoners of war (POWs).[citation needed] The administration cites Article 4 of the Geneva Convention as authority for their position that these enemy combatants are not POWs. Article 4 of the Geneva Convention defines a POW as:
"Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war."
[11]
The U.S. government justifies this designation by claiming that they do not have the status of either regular soldiers nor that of guerrillas, and they are not part of a regular army or militia.
In July 2003, about 680 alleged Taliban members and suspected Al-Qaeda terrorists from 42 different countries were incarcerated there. Some prisoners have been allowed to meet with attorneys .[12] [13].
On April 23, 2003, the U.S. military reported that three of the Afghan war prisoners held at Camp Delta had been identified as juveniles, were separated from the adult prisoners, and moved to markedly better conditions at Camp Iguana. Civil rights lawyer Clive Stafford Smith wrote an article where he cited reports of a further dozen minors detained in the adult portion of the prison. Smith asserted that there were twenty or more minors detained in Guantanamo. When the DoD released what it called its final list of all the detainees who had been held in military custody at Guantanamo there were dozens of detainess who would have been minors when captured, who were housed in the adult portion of the prison, in violation of international law.
Main article: minors detained in the global war on terror
On July 23, 2003, U.S. Major General Geoffrey Miller said that three-quarters of the roughly 660 detainees had confessed to some involvement in terrorism. Many have informed about friends and colleagues. According to Miller, the confessions were acquired through rewards that included extended recreation time, extra food rations to keep in their cells, or a move to the prison's medium-security facility.
On September 6, 2006, President Bush announced that fourteen suspected terrorists are to be transferred to the Guantanamo Bay detainment camp and admitted that these suspects have been held in CIA black sites. These people include Khalid Sheik Mohammed, believed to be the No. 3 al-Qaeda leader before he was captured in Pakistan in 2003; Ramzi Binalshibh, an alleged would-be Sept. 11, 2001, hijacker; and Abu Zubaydah, who was believed to be a link between Osama bin Laden and many al-Qaeda cells before he was also captured in Pakistan, in March 2002.[14]None of the 14 top figures transferred to Guantanamo from CIA custody had been charged until September 11, 2006.[15]
From 2002 to 2006 there have been several hunger strikes at Guantánamo Bay, with up to 200 participants according to some reports.[9] Numerous participants were being force-fed through a feeding tube when their health and lives became in danger. The Australian reports that as of May 30, 2006, the number of detainees on hunger strike is 75.[10]
The Center for Constitutional Rights has prepared a biography of some of the prisoners currently being held in Guantanamo Prison. [1]
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