February 17, 2006

U.N. Report: Close GITMO

In a statement posted to its website, the United Nations announced the release of a joint report on the treatment of foreign terror suspects held at the United States naval facility in Cuba, calling on the United States “to close immediately the detention centre in Guantánamo Bay and bring all detainees before an independent and competent tribunal or release them.”

The result of an 18 month investigation, the report’s findings were based upon interviews with former detainees, public documents, media reports, attorney interviews and a government questionnaire, the Washington Post reports. The U.N.'s five member panel concluded that detainees are entitled to (1) challenge the legality of their detention before a judicial body, and (2) obtain release if detention is found to lack a proper legal basis. Finding some of the interrogation techniques employed "meet four of the five elements in the Convention definition of torture," the report calls for the closure of the prison facility "without further delay."

While U.N. Secretary-General Kofi Annan did not agree with everything contained within the report, he did nevertheless echo the report’s conclusion that detainees could not be held in perpetuity without charge or the opportunity to defend themselves, CNN reports.

Annan likewise agreed that the prison’s closure should occur as soon as possible.

The White House summarily rejected the U.N. report's claims as “largely without merit.” While the human rights experts who authored the 54-page report were invited to Guantanamo, they declined after U.S. authorities said they would not be permitted to interview the detainees.

Responding to inquiries about the report during his daily press briefing, White House Press Secretary Scott McClellan offered, “I think that what we are seeing is a rehash of allegations that have been made by lawyers representing some of these detainees," maintaining "The military treats detainees humanely, as directed by the President of the United States.”

Also weighing in on the report, Defence Secretary Donald Rumsfeld said at the Council on Foreign Relations meeting, "There is no torture, there is no abuse...It’s being handled honorably.”

The U.N. report in its entirety may be viewed here.

February 11, 2006

DoD Announces Latest Detainee Transfer and Release

As a result of Administrative Review Board decisions - an ongoing process established to review the status of detainees - the Pentagon announced it has transferred 4 detainees from the prison facility at Guantanamo Bay, Cuba, including 3 detainees to Morocco and 1 detainee to Uganda.

Additionally, 7 detainees have been released and repatriated to Afghanistan. As the Washington Post reports, Pentagon spokesman Cmdr. J.D. Gordon said the intent of the arrangement is to shift the responsibility for holding enemy combatants from the United States to other nations.

February 10, 2006

Administrative Review Board Decisions Completed

In a press release posted to its website, the Department of Defense announced it has completed the first round of Administrative Review Board (ARB) decisions. Conducted from December 14, 2004 to December 23, 2005, the annual review process - established to assess whether those picked up in the War on Terror and detained at Guantanamo continue to pose a threat to the United States or its allies - resulted in 14 releases and 120 transfers; 329 detainees will continue to be held.

January 24, 2006

Pentagon Ordered to Release Detainee Identities

As The New York Times reports, in response to a 2005 lawsuit filed by The Associated Press, a federal judge has ordered the Pentagon to release the names and nationalities of hundreds of terror suspects picked up in the War on Terror and detained at the prison facility at Guantanamo Bay, Cuba.

In April 2005, a Freedom of Information Act (FOIA) request granted the AP access to 2,000 pages of information related to the military tribunals held at Guantanamo. While the Pentagon did in fact release transcripts of 558 tribunals, prisoners' names were blacked out, and other identifying information was altered. As a result, the news agency contends it was only able to report anecdotally on the proceedings, which it maintained were "unquestionably of great interest to the public." The organization then filed a federal lawsuit against the DoD, asking the court for the release of all transcripts and documents related to the military hearings, as well as written statements and other documentation submitted by detainees.

The Pentagon must provide the AP with unredacted copies of the transcripts by January 30. As Reuters reports, the government has until tomorrow to ask the judge to suspend the order if an appeal is to be made.

Judge Jed Rakoff's ruling rejects the Pentagon's contention that privacy issues are the raison d'etre for witholding information. The government has maintained that prisoners' identities should not be disclosed to ensure the safety of detainees as well as their families, citing the threat of retailiation should terrorist groups become displeased by something a detainee reveals during his tribunal.

However, in a six-page order issued earlier this month, Judge Rakoff wrote, "The Department of Defense has failed on this motion to establish any cognizable privacy interest on the part of the detainees Accordingly, the defendant's summary judgment motion is denied," ABC News reports.

In August, the judge ordered the Defense Department to poll the 317 detainees who had undergone enemy combatant hearings to see whether they objected to having their names published. According to a January 4th ruling, the judge said there was not a significant number of detainees in opposition to such disclosure.

January 16, 2006

Hundreds Released from Abu Ghraib

Announcing the latest in a spate of large scale detainee releases,
American Forces Press Service reports approximately 500 prisoners have been released from the U.S.-run Abu Ghraib prison facility west of Baghdad.

According to officials, the freed were not guilty of serious or violent crimes, such as bombing, torture, kidnapping, or murder, and all have admitted their crimes, renounced violence, and pledged to be good citizens of a democratic Iraq.

As Stars and Stripes reports, U.S. officials plan to close Abu Ghraib and hand it over to the Iraqis, while three other facilities -- Camp Cropper, Fort Suse and Camp Bucca -- will be the main detention facilities in Iraq.

December 13, 2005

Pentagon Invites Human Rights Specialist to Guantanamo

The Pentagon announced it has extended an invitation to a representative for the Organization for Security and Cooperation in Europe (OSCE) to visit the detention facility at the Guantanamo Bay Naval Station in Cuba.

As the DoD release explains, "Although department policy does not provide for such visits to military detention facilities, the department has determined on an exceptional basis to extend this invitation. The department strives for transparency in our operations to the extent possible in light of security and operational requirements and the need to ensure the safety of our forces."

According to the American Forces Press Service, Belgian politician and OSCE representative Anne-Marie Lizin accepted the DoD's invitation, and will be permitted to observe operations at the facilities at Guantanamo and ask questions of the command, staff and U.S. officials who would accompany her.

A DoD spokesman said he did not yet know when Lizin's visit would take place.

November 19, 2005

5 More Gitmo Detainees Formally Charged

Five more Guantanamo detainees have been formally charged with war crimes, triable by military commissions. Trial dates have not yet been set.

The latest announcement raises the number of formally accused, suspected terrorists detained at the prison facility in Cuba to nine.

In a press released posted to its website, the Department of Defense announced charges were approved for Ghassan Abdullah al Sharbi and Jabran Said bin al Qahtani of Saudi Arabia; Sufyian Barhoumi of Algeria; Binyam Ahmed Muhammad of Ethiopia; and Omar Ahmed Khadr of Canada.

Al Sharbi, al Qahtani, Barhoumi and Muhammad are charged with conspiracy to commit the following offenses: attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism.

Omar Ahmed Khadr is charged with conspiracy to commit murder by an unprivileged belligerent; attempted murder by an unprivileged belligerent; and aiding the enemy.

Transcripts of the charges for all nine suspected terrorists are available here.

November 06, 2005

4 Detainees Depart Gitmo

In a press release posted to its website, the Department of Defense announced four detainees have departed the prison facility at Guantanamo Bay, Cuba.

The latest transfer includes the release of one detainee to Saudi Arabia, and the transfer of three detainees to Bahrain.

For operational and security purposes, the names of the released and transferred have not been disclosed.

The latest transfer increases the number of detainees who have departed the US naval base in Cuba to 256.

November 03, 2005

5 Detainees Depart Guantanamo

In a release posted to its website, the Department of Defense announced the transfer of five detainees from the prison facility at Guantanamo Bay, Cuba to Kuwait.

For security purposes, neither the names nor the identities of those transferred have been disclosed.

The latest transfer raises the number of detainees who have departed Guantanamo to 252. Approximately 500 detainees remain at the prison facility.

November 01, 2005

500 Detainees Released from Abu Ghraib Prison

As Reuters reports, in a goodwill gesture marking Eid al-Fitr - the Muslim holiday ending the Holy Month of Ramadan - Coalition Forces have released 500 detainees from the Abu Ghraib prison facility west of Baghdad. The men were given $25 and a Koran upon their release.

In an American Forces Press Service article posted to the Department of Defense website, a spokesman explains,

"These detainees were selected for release following a careful and thorough review of their files by a special Iraqi-led review board, which determined they had not committed serious crimes against Iraqi forces, the citizens of Iraq or coalition forces."

He continued, "It was decided to release the detainees to allow them to be with families and loved ones on this day to help in the process of building a new Iraq."

October 06, 2005

Senate Votes to Regulate Detention & Interrogation Policy

In an attempt to codify what many consider to be the military's conflicting policies and procedures for the interrogation and treatment of those under the detention, custody, or control of the U.S. Government, the Republican-controlled Senate yesterday overwhelmingly approved a measure that would ban the use of cruel, inhumane or degrading treatment or punishment of foreign enemies, The New York Times reports.

Contained within a $440 billion Defense Department spending bill, the measure was approved by a 90-9 vote. According to the Washington Times, the nine Republican senators who voted against the proposal were Wayne Allard of Colorado, Christopher S. Bond of Missouri, Tom Coburn of Oklahoma, Thad Cochran of Mississippi, John Cornyn of Texas, James M. Inhofe of Oklahoma, Pat Roberts of Kansas, Jeff Sessions of Alabama, and Ted Stevens of Alaska. New Jersey Democrat Jon Corzine was the only senator not to vote.

As quoted by the Associated Press, Senator Stevens of Alaska opined, "This is a different war now... We're in a war against terrorists, and I don't think they're entitled to the same type of treatment that we give to prisoners of war."

Despite such sentiment, the anti-torture legislation has attracted broad, non-partisan support. Vietnam War P.O.W. Senator John McCain (R-AZ) - himself the victim of torture - is the bill's primary sponsor. As the International Herald Tribune reports, over two dozen retired senior military officers - including John Shalikashvili and Colin Powell, both former chairmen of the Joint Chiefs of Staff - have also endorsed measures that ensure detainees are treated humanely.

In a letter read by Senator McCain on the Senate floor, former Bush White House Secretary of State Colin Powell expressed, "The world will note that America is making a clear statement with respect to the expected future behavior of our soldiers... Such a reaction will help deal with the terrible public diplomacy crisis created by Abu Ghraib," the Associated Press reports.

The following - taken from a press release posted to his website - is an excerpt of Senator McCain's statement to the Senate:

"This amendment would (1) establish the Army Field Manual as the uniform standard for the interrogation of Department of Defense detainees and (2) prohibit cruel, inhuman, and degrading treatment of persons in the detention of the U.S. government.

Mr. President, to fight terrorism we need intelligence. That much is obvious. What should also be obvious is that the intelligence we collect must be reliable and acquired humanely, under clear standards understood by all our fighting men and women. To do differently would not only offend our values as Americans, but undermine our war effort, because abuse of prisoners harms -- not helps --us in the war on terror.

First, subjecting prisoners to abuse leads to bad intelligence, because under torture a detainee will tell his interrogator anything to make the pain stop.

Second, mistreatment of our prisoners endangers U.S. troops who might be captured by the enemy -- if not in this war, then in the next. And third, prisoner abuses exact on us a terrible toll in the war of ideas, because inevitably these abuses become public. When they do, the cruel actions of a few darken the reputation of our country in the eyes of millions. American values should win against all others in any war of ideas, and we can't let prisoner abuse tarnish our image.

And yet reports of detainee abuse continue to emerge, in large part, I believe, because of confusion in the field as to what is permitted and what is not. The amendment I am proposing will go a long way toward clearing up this confusion."

As the Washington Post reported back in July, the Bush Administration has tried to quell what it views to be an incipient Republican rebellion. Lobbying to block such legislation, the White House maintains it would restrict the President's authority "to protect Americans effectively from terrorist attack and bring terrorists to justice."

The Senate is expected to vote on the overall spending bill by the end of the week.

In his daily press briefing, White House spokesman Scott McClellan said the President will most likely veto the defense budget if the amendment remains part of the spending bill.

"We have put out a Statement of Administration Policy saying that his advisors would recommend that he vetoes it if it contains such language."

October 02, 2005

Egyptian Released From Gitmo

In a release posted to its website, the Pentagon announced the release of one detainee to Egypt from the prison facility at Guantanamo.

The detainee was found no longer to be an enemy combatant by a Combatant Status Review Tribunal. For security purposes, his identity has not been disclosed.

The latest transfer raises the number of detainees who have departed Guantanamo to 247. Approximately 505 detainees remain at the prison facility.

September 28, 2005

Female Face of Abu Ghraib Scandal Sentenced to 3 Years

Following Monday's conviction of Pfc. Lynndie R. England - who was found guilty on six out of seven counts of conspiracy and maltreatment of prisoners - the Army reservist was sentenced to three years in prison for her role in the Abu Ghraib prisoner abuse scandal, and was given a dishonorable discharge, The Washington Post reports.

Pvt. England became the so-called "face of the Abu Ghraib scandal," posing alongside naked and shackled prisoners, and smirking in the now infamous "leash photograph."

As The Post reports, England apologized to the court.

"After the photos were released, I've heard that attacks were made on U.S. armed forces because of them. I apologize to coalition forces and all the families."

England also apologized to "detainees, the families, America and all the soldiers."

While the Pentagon has remained steadfast in its position that the abuses carried out in the U.S.-run prison facility in Iraq were an aberration - attributed to a few bad apples - England's defense averred their client was made a scapegoat for the Army's broader policies of abuse for intelligence-gathering purposes. England's attorneys characterized her as young and impressionable, as the 22 year-old claimed she was used by her former lover, reputed ringleader of the abuse scandal, Corp. Charles A. Graner.

Back in January, Graner - the father of England's infant son - received a 10 year sentence for his role.

England�s trial was the last of 9 courts-martial or plea-deals of reservists charged in the prisoner abuse scandal that broke in 2003.

September 21, 2005

Pentagon: Hicks Trial to Resume at Gitmo

As Reuters reports, two months after a federal appeals court reversed a ruling in the case of detained Yemeni Salim Ahmed Hamdan, finding military commission trials to be lawful, the Defense Department announced it was essentially starting from scratch on the long-delayed military trial of Australian detainee David Hicks. Officials say preliminary hearings are scheduled to begin within the next 30 days.

Accused of fighting alongside al Qaeda, Hicks was captured in Afghanistan and has been detained since late 2001. He pleaded not guilty to conspiracy, attempted murder and aiding the enemy.

Last month, responding to widespread criticism that the trials were unfair, DoD instituted a series of changes to the trial process. The changes were intended to promote more efficient trials, making the process resemble a traditional judge and jury model. As Reuters explains, "the presiding officer will now act more like a judge, deciding legal issues, while other panel members will act more like a jury, deciding on a verdict and sentence."

Notwithstanding these changes, human rights activists and military defense lawyers continue to criticize the commission process, contending it favors prosecutors, allows evidence obtained through torture and hearsay and permits no independent judicial review.

"Clearly they've decided to use Mr. Hicks as the guinea pig and the test case for the commission system," commented Marine Corps Major Michael Mori, Hicks' Pentagon-appointed attorney. He continued, "The military commission system will not provide a full and fair trial, whether it starts today, in a month or in three months. The rules are constantly changing. The system is controlled by those who have already condemned Mr. Hicks."

Nevertheless, Pentagon spokesman Major Michael Shavers maintains, "I'm very confident that David Hicks will receive a full and fair trial under the military commissions process."

Of approximately 505 men held at Guantanamo, only four have been charged. Initial trial proceedings for Australia's Hicks, Yemenis Salim Ahmed Hamdan, Ali Hamza Ahmed Sulayman al Bahlul and Sudanese Ibrahim Ahmed Mahmoud al Qosi began last August, and were halted three months later when a federal judge ruled that the trials were unfair and unlawful, and violated prisoners' rights under the Geneva Conventions. Of the four halted, the Hicks case is the only one scheduled to resume.

September 01, 2005

Critics Respond: Revisions to Commission Procedures Cosmetic; Fundamental Flaws Remain

Despite the Pentagon's latest announcement that it is changing military commission procedures, extending additional rights to terror suspects, some of the commission's earliest and staunchest critics maintain the changes are trivial, submitting the process to try Guantanamo detainees remains unfair and inherently flawed.

In a press release posted to its website, Human Rights Watch expressed concern that military commissions will continue to function entirely within the military and executive branch, in the absence of independent judicial review.

"The new rules are aimed to deflect criticism of the commissions, but fail to address their most fundamental problems. Without review by civilian courts, there is no means of ensuring that any fair trial rules are in fact respected," said Jamie Fellner, the organization's U.S. program director.

Fellner continued, "Those responsible for war crimes should be tried by real courts using real rules, not commissions created from scratch."

Amnesty International reiterated HRW's contention that many of the commission's problems remained, specifically, allowing the admission of evidence obtained through torture or hearsay, a violation of Article 15 of the Convention Against Torture.

"If the U.S. government really wanted to provide full and fair trials, the defendants would be tried in an established system of justice such as U.S. federal court or in a court martial. By insisting on going forward with these ill-conceived commissions, the administration is confirming its desire to apply sub-standard justice to foreign nationals. The announced rule changes to the military commissions amount to little more than hanging curtains on a condemned house and marketing it as renovated," said Jumana Musa, Amnesty International's observer to the military commissions.

Also weighing in on the Pentagon's announcement was the U.S. military-appointed counsel for Australian terror suspect David Hicks, who told Australia's The Age the changes were "meaningless" and a "publicity stunt."

"There are no changes at all," said Major Michael Mori.

"This is totally cosmetic. It's totally for show. It's because they realise that no one in the world accepts it as a fair system and are desperate to convince somebody.

"You can slap a new coat of paint on the outside of a house with broken foundations, but it doesn't fix the problem."

August 31, 2005

DoD Makes Procedural Changes to Commissions, Expands Trial Rights for Detainees

Criticized by legal and human rights groups - as well as military defense lawyers - for procedures that subject terror suspects to unfair disadvantages, the Defense Department announced today that it is instituting procedural changes to the controversial Military Commissions established to try terror suspects picked up in the War on Terror and detained at Guantanamo.

Following a Special Defense Department Briefing on Military Commissions, the Pentagon issued a press release explaining the changes - effective immediately - intended to promote more efficient trials, including �making the process more like a judge and jury model.�

Among the procedural changes, defendants will now be given additional rights to attend their trials and will be granted access to classified evidence against them.

While initial trial proceedings began last August at Guantanamo, the process was halted three months later, when a federal judge ruled that the trials were unfair and unlawful, and violated prisoners' rights under the Geneva Conventions.

For the Department of Defense Fact Sheet, "Changes to Military Commission Procedures," click here.

For the Department of Defense Fact Sheet, "Military Commission Procedures," click here.

August 30, 2005

Judge Requires Detainee Approval Before Identities Made Public

Yesterday in federal court, a judge ruled that Guantanamo detainees must provide consent prior to the disclosure of their identities.

As the Associated Press reports, District Judge Jed S. Rakoff instructed the government to draft a one-page document asking detainees at the U.S. run prison facility in Cuba if they want their personal information released to the news media. Back in April, a FOIA request granted the AP access to 2,000 pages of information related to the tribunals. In those documents, prisoner's names were blacked out, and other identifying information was altered. As a result, the AP contends it was only able to report anecdotally on the proceedings, which it maintains are "unquestionably of great interest to the public." The AP then filed a federal lawsuit against the DoD, asking the court for the release of all transcripts and documents related to the military hearings, as well as written statements and other documentation submitted by detainees.

Citing privacy concerns, DoD maintains that identities should be kept secret to ensure not only the safety of detainees, but the safety of their families as well, who they argue are at risk should terrorist groups become displeased by something a detainee reveals during his tribunal.

August 23, 2005

3 Detainees Transferred from GITMO

The Department of Defense announced the release of three more detainees from Guantanamo, including one detainee to Yemen, one detainee to Tajikistan, and one detainee to Iran.

Two of the detainees - the Yemeni and the Tajik - were among the 38 detainees found no longer to be enemy combatants and cleared for release by the Combatant Status Review Tribunal. Nine of those detainees still await transfer.

The third detainee was transferred to Iran following the recommendation of an annual Administrative Review Board.

Citing security concerns, the names of those released or transferred have not been disclosed.

According to the Pentagon, the latest movement raises the number of detainees who have departed Guantanamo to 245. Approximately 505 detainees remain at the prison facility.

July 20, 2005

8 Detainees Depart Guantanamo

In a release posted to its website, the Department of Defense announced the release and transfer of eight detainees from the prison facility at Guantanamo, including one to Sudan, two to Afghanistan, three to Saudi Arabia, one to Jordan and one to Spain.

For security purposes, neither the names nor the identities of those released or transferred have been disclosed.

The latest transfer raises the number of detainees who have departed Guantanamo to 242. Approximately 510 detainees remain at the prison facility.

July 18, 2005

GITMO Detainee Extradited to Spain

Reuters reports that the U.S. has extradited suspected Islamic militant and former Guantanamo detainee Lahcen Ikassrien to Spain, where he is wanted for an investigation into al Qaeda. Following the September 11th attacks, Spain issued an arrest warrant for the Moroccan nationalist, alleging he has links to an al Qaeda terrorist cell in Spain that helped plot the September 11th attacks.

July 16, 2005

Fed. Appeals Court Upholds Use of Military Tribunals at Guantanamo

Ruling unanimously that military commissions established to try enemy combatants detained at Guantanamo do not violate the Constitution, international law or American military law, the U.S. Court of Appeals for the District of Columbia has allowed war crime trials to resume at the U.S. run prison facility in Cuba, The New York Times reports.

Back in November, a federal judge in Washington ruled unfair and unlawful - and immediately halted - the military commission of Osama bin Laden�s former driver and alleged terrorist Salim Ahmed Hamdan. The 34-year old Yemeni was to be the first detainee to be tried as a war criminal by the newly constituted military commissions at Guantanamo. In Hamdan v. Rumsfeld, 04-CV-1519, Judge James Robertson of the United States District Court for the District of Columbia declared President Bush �had both overstepped his constitutional bounds and improperly brushed aside the Geneva Conventions in establishing military commissions to try detainees at the United States naval base here as war criminals."

According to the 45-page memorandum opinion, Judge Robertson found that the administration contravened Geneva Convention guidelines, disregarding a basic provision which requires the United States to treat Hamdan as a prisoner of war (P.O.W.), unless he appears before a special tribunal described in Article 5 of the Third Geneva Convention that determines he is otherwise.

Yesterday�s decision, handed down by a three-judge panel, is a victory for the White House. The Bush administration contends that Hamdan and other suspected terrorists designated as �enemy combatants� are not entitled to P.O.W status and as such, do not merit protections conferred by the Geneva Conventions - which governs the treatment of civilians and soldiers in wartime - because al Qaeda did not sign the treaty.

Responding to the ruling Attorney General Alberto R. Gonzales commented, "The president's authority under the laws of our nation to try enemy combatants is a vital part of the global war on terror...and today's decision reaffirms this critical authority."

Hamdan's attorney, Georgetown University law professor Neal K. Katyal said he would consider an appeal.

July 03, 2005

Pentagon Reaffirms Medical Policies for Detainees

Amid a storm of criticism against U.S. medical ethics at Guantanamo, the Department of Defense posted to its website a reaffirmation of its medical policies for detainees:

"The Department of Defense posted today recently issued guidance to the military services and commands reiterating policies regarding the care and handling of enemy prisoners of war, detainees, retained persons, and civilian internees.

Healthcare personnel have a duty to protect the physical and mental health of such individuals and to provide appropriate treatment for disease and injury, according to a policy memorandum released by Dr. William Winkenwerder, Jr., the assistant secretary of defense for Health Affairs.

The policy memorandum, available here details a set of principles and procedures that address the scope of healthcare personnel responsibilities and activities in which they may not participate. In all cases, healthcare personnel will be guided by applicable law and are expected to act humanely and with professionalism.

'Our policy is meant to make clear for our medical care providers that if a detainee provides information that directly bears upon a national security issue --for example, plans to commit a terrorist act that kills or harms Americans --the medical provider should, with proper documentation and approval, pass along the information to responsible security and intelligence authorities,' Winkenwerder said.

Specific guidance in the overall policy includes: direction to accurately and completely create and maintain medical records on all detainees; to ensure clear separation of duties between personnel providing healthcare to detainees and behavioral science personnel consulting with interrogators; to carefully record disclosure of all patient-specific information for lawful purposes other than treatment; to report possible violations of applicable standards for the protection of detainees; and to ensure healthcare personnel have appropriate training regarding the care and treatment of detainees.

Although detainees do not have an absolute right of confidentiality with respect to information they share with medical care providers, the general guidance is to maintain such information confidentially, except for approved and documented specific reasons. This is the same standard that would apply in U.S. federal prisons.

'Any detainee related information provided by healthcare personnel for reasons other than treatment must be for a specific purpose, documented and approved by a medical commander before it is released, Winkenwerder said. This process creates a strict set of guidelines to ensure the information is used only for appropriate purposes and is not misused.'

'To the best of my knowledge we have no credible evidence that a military physician participated in detainee abuse,' said Winkenwerder. 'The department investigates credible allegations and if substantiated, holds accountable those who are responsible. We expect military medical personnel, and all other service members, to abide by policies that require detainees be treated humanely and to report any suspected detainee mistreatment.'"

July 02, 2005

Pentagon Disputes Medical Journal Findings

During a news briefing conducted by Pentagon spokesman Lawrence Di Rita, questions were raised regarding the use of medical information during interrogations at Guantanamo, and specifically, what departmental policy is for sharing a detainee's medical information for purposes of devising interrogation strategies specific to that detainee. A partial transcript of that briefing is as follows:

Q: Larry, with regard to the controversy over the use of medical information in interrogations in Guantanamo, can you clarify, is it department policy that information provided by detainees to their medical care givers can be routinely shared with interrogators in devising strategies and tactics for those specific detainees?

MR. DI RITA: Well, I think we've briefed on this extensively. And there's a transcript available -- you haven't had a chance to look at it. But we have medical professionals down there that are there for the purposes of treating the detainees. And, you know, they've described what they do, which is medical care as you would understand it.

It is not uncommon to use behavioral science specialists, people that are known to have sort of an expertise in -- the kinds of things -- I wouldn't want to use this term to make the direct comparison, but others have -- profiling, so that as you understand what an individual is like, you might be able to affect the approaches that the interrogators would take on him. It's quite a different thing from saying we're using information out of his medical record. That's not really what, as I understand it -- and as I said, we've briefed this, so if there's -- we can maybe provide you some additional information. But it's more of a generic use of the specialty than it is specific knowledge of an individual's medical records.

Q: Actually, it's both. But the New England Journal article and its author specifically alleged that that sort of normally private medical information is funneled into that process. And my question was whether that is allowable under DOD policy.

MR. DI RITA: Well, I don't want to speak to it in terms of what DOD policy is. What it is is a matter of what the medical professionals at Guantanamo assisting the interrogators might determine might be necessary. Remember, we are talking about people who are known or suspected terrorists. So, there is a well respected and well regarded -- and it's been observed by a lot of people -- care that's being provided to these terrorists. And they are terrorists, by our assessment. On the other hand, there may be information that can be gleaned from the knowledge of who these people are that can help -- or, the knowledge of how these people are behaving that can help the interrogators. And we're -- and we try and walk that line, and we try and be careful about it. But we are talking about people like UBL's bodyguards, like somebody who would have been on an airplane on 9/11, and the balance that we strike will be toward getting more intelligence and stopping future attacks on the United States. And that's the balance that we're challenged -- that we're working on.

There is no handbook on how to do this. It's never been done before. So we're trying to be very careful about it. I think we've now had over 200 members of Congress who have observed what's going on in Guantanamo. They're observed interrogations. They've observed the medical facilities. We, as a matter of routine, try and provide exposure to the way that the medical treatments are being conducted down in Guantanamo when members of Congress go down there. There's an awful lot of oversight. But there is not a textbook on how to do this, and we're being very careful -- with the objective of gaining intelligence to stop Americans from being killed. And that's the balance we need to strike.

June 27, 2005

APA Releases Statement on Psychiatric Practices at GITMO

Weighing in on recent reports of alleged medical ethics violations at the prison facility in Cuba, the American Psychiatric Association (APA) has posted to its website a Statement on Psychiatric Practices at Guantanamo Bay.

Announcing its intentions to review psychiatry and interrogation procedure - and develop a specific policy statement in the near future - the organization released the following statement:

APA is not neutral on physician practices and clearly recommends that psychiatric physicians practice in accordance with the APA ethics guidelines, which are also in accordance with the medical code of ethics set forth in the Principles of Medical Ethics of the American Medical Association (AMA).

APA's Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry states the following:

* A physician shall be dedicated to providing competent medical care with compassion
and respect for human dignity and rights.

* A physician shall respect the law and also recognize a responsibility to seek change
in those requirements which are contrary to the best interests of the patients.

* Ethical considerations in medical practice preclude the psychiatric evaluation of any
person charged with criminal acts prior to access to, or availability of, legal counsel.
The only exception is the rendering of care to the person for the sole purpose of
medical treatment.

* A physician shall respect the rights of patients, colleagues, and other health
professionals, and shall safeguard patient confidences and privacy within the
constraints of the law.

To view The Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry, click here.

June 25, 2005

New England Journal of Medicine: Medical Personnel Inappropriately Involved in Interrogations

In an article posted to its website and scheduled for inclusion into the July 7 issue, The New England Journal of Medicine maintains that mounting evidence - including the Pentagon's own "Church Report" - illustrates that the medical program at Guantanamo was in violation of international medical law, and that military medical personnel were complicit in interrogation tactics the International Committee of the Red Cross (ICRC) deems 'cruel and inhuman treatment.'

The article's authors, Dr. M. Gregg Bloche of the Brookings Institution and a law professor at Georgetown and Dr. Jonathan H. Marks, a bioethics fellow at Georgetown contend stress-inducing tactics such as 'sleep deprivation, prolonged isolation, painful body positions, feigned suffocation, and beatings,' as well as alleged 'sexual provocation and displays of contempt for Islamic symbols' breach medical ethics.

"Since late 2003, psychiatrists and psychologists (at Guantanamo) have been part of a strategy that employs extreme stress, combined with behavior-shaping rewards, to extract actionable intelligence from resistant captives," the article states.

Also addressed is the rejection of (a presumption of) clinical confidentiality, as Drs. Bloche and Marks question to what extent military intelligence personnel routinely drew upon and exploited detainee's confidential health records to tailor their interrogation approach - a concern raised last year by the ICRC.

The laws of war, the article explains, "defer to medical ethics," citing,

"Additional Protocol I to the Geneva Conventions provides that medical personnel 'shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics.'

Although the protocol has not been ratified by the United States, the principle has attained the status of customary international law.

Last August, another respected medical journal - Britain's The Lancet - reported that U.S. military doctors misused detainee medical records as part of the interrogation routine at Iraq's Abu Ghraib prison, contending,

"The complicity of US military medical personnel during abuses of detainees in Iraq, Afghanistan, and Guantanamo Bay is of great importance to human rights, medical ethics, and military medicine. Government documents show that the US military medical system failed to protect detainees' human rights, sometimes collaborated with interrogators or abusive guards, and failed to properly report injuries or deaths caused by beatings."

June 20, 2005

On Extended Detentions, Clinton Admits He Was "Not Blameless"

In a transcript of the interview Bill Clinton gave to the U.K.'s Financial Times, the former President argued against holding terror suspects in perpetuity and without due process, despite an admission that his administration was "not blameless" when it came to detaining terror suspects for an extended period of time and without trial.

"We had a law on the books when I was President, that was enforced from time to time, which permitted the Justice department to hold suspected terrorists beyond the normal length of time they could them without trial, if, bringing the indictment and the trial would require the presentation of evidence which would reveal the identity of the intelligence source, compromise the life of the intelligence source, maybe risk the life of the intelligence source, but more importantly dry up what we thought we were finding out about terror networks.

"It sounds so reasonable but if you're the guy who's in prison and you're not guilty, you could be held there three, four, five years and there has to be come limit to that.

"But the more important thing and I want to make some explicit statement here because I think people in the West who feel threatened by terror may be tempted to become more tolerant of the need to be tougher with suspected terrorists."

Later in the interview, President Clinton added,

"But I still don't think you can just hold these people forever. I think sooner or later you've got to move or let them go, you can't say, 'we know' because its all secret. It is just inimical to a free society."

Former President Clinton on GITMO: Close it or Clean it Up

As did former President Jimmy Carter last week, former President Bill Clinton added his voice to the debate mounting in the U.S. and abroad over the future of the prison at Guantanamo Bay, calling for the U.S.-run facility in Cuba to "be closed down or cleaned up."

During an interview with the U.K.'s Financial Times, in addition to ethical concerns President Clinton cited practical reasons for the irreproachable treatment of detainees opining,

�If we get a reputation for abusing people it puts our own soldiers much more at risk and second, if you rough up somebody bad enough, they'll eventually tell you whatever you want to hear to get you to stop doing it."

Amid the public relations nightmare fomented by alleged and confirmed instances of detainee abuse, the White House appears to be divided over the issue of Guantanamo's future, with President George Bush hinting at the facility's possible scale-down or closure. Nevertheless, senior officials including Vice President Dick Cheney and Secretatary of Defense Donald Rumsfeld remain steadfast in their position that the prison facility is essential, no practical alternative to Guantanamo exists, and "enemy combatants" detained at the camp continue to provide valuable intelligence, crucial to winning the ;'War on Terror.'

June 17, 2005

Pentagon Releases New Guidelines for Military Medical Personnel

Responding to allegations that military doctors and medics were complicit in committing and/or concealing detainee abuses, the Pentagon has issued a new set of guidelines for military medical personnel. According to a press release posted to the Department of Defense website, the new rules are specifically aimed at defining medical personnel's role with prisoners, addressing - but not limited to - issues such as patient care, interrogations and medical-record confidentiality.

Likewise, the new guidelines require all medical personnel to report suspected cases of abuse.

As the Associated Press reports, the guidelines were issued by Dr. William Winkenwerder, the assistant secretary of defense for health affairs, and make clear the only role of medical personnel involved in treating detainees is to ''evaluate, protect or improve their physical and mental health.'' As the AP article notes, while ancillary medical staff and experts such as the psychologists, profilers and forensic pathologists who advise interrogators are not to be involved in the treatment of detainees, they too are obligated to adhere to the principles of humane treatment, despite the dual and often competing loyalties presented in a war-time environment.

While Dr. Winkenwerder did not say whether the guidelines depart from existing medical policy for dealing with detainees, he did say their intent is to prevent future instances of abuse.

Red Cross: U.S. is Improving Treatment of Terror Suspects

The International Committee of the Red Cross (ICRC) stated today that despite accusations raised by its critics, the U.S. government is in fact cooperating to improve the treatment of terror suspects detained at Guantanamo and elsewhere, the Associated Press reports.

"The US government and the ICRC have good and trustful relations," assured Jakob Kellenberger, ICRC president.

Referring to past meetings with President George Bush and Secretary of State Condoleezza Rice, Kellenberger explained, "The quality of the dialogue up the highest level enables both sides to discuss openly all issues, including those where there are differences of view, and there are."

As Reuters reports, President Kellenberger dismissed a report critical of the ICRC by the Republican Policy Committee in the Senate, which alleged the ICRC leaked confidential reports on U.S. detainees and that a delegate from the Swiss-based humanitarian agency visiting a prison in Iraq compared it to a Nazi concentration camp.

"The ICRC has never leaked to the public or the media any of the confidential reports submitted to the US authorities," Kellenberger averred, maintaining the leak was attributed to a source outside the agency.

He then added, "ICRC staff has never compared U.S. soldiers to the Nazis."

June 16, 2005

Senate Holds Hearings on Guantanamo Bay

The Senate Judiciary Committee held hearings yesterday to review the Bush administration's legal framework for detaining and interrogating terror suspects and ultimately, to determine the future of the prison facility at Guantanamo Bay, Reuters reports. The hearings come amid the most recent spate of criticism directed towards GITMO, particularly the controversial report released by Amnesty International describing the facility as "the gulag of our times," and increasing pressure by activists and lawmakers to close the U.S.-run prison in Cuba.

Several Senate Democrats, including Vermont's Patrick Leahy, reiterated concerns about the treatment of the detainees.

"Guantanamo Bay is an international embarrassment to our nation, to our ideals and it remains a festering threat to our security," Leahy argued, adding "Our great country, America, was once viewed as a leader in human rights and the rule of law, and justly so. Guantanamo has undermined our leadership, has damaged our credibility, has drained the world's goodwill for America at an alarming rate."

Pentagon officials however, continued to defend the conditions of and practices at the U.S. naval base, testifying the United States has the right to hold foreign detainees for the duration of the U.S.-led War on Terror, and that the annual reviews are both "rigorous and fair."

"I think we can hold them as long as the conflict endures,"stated Brigadier General Thomas Hemingway, who overseas the military commissions.

Deputy Attorney General Michael Wiggins echoed Hemingway's contention maintaining, "It is our position that legally they can be held in perpetuity."

Rear Admiral James McGarrah, who monitors the enemy combatant detention program likewise defended detention procedures. "The primary basis for detaining individuals, whether it be at Guantanamo or elsewhere, is their determination as enemy combatant and the authorization under the law of armed conflict and the acceptable laws of war to keep those combatants from returning to the battlefield."

Nevertheless, a perceived image problem at Guantanamo seems to be dividing the Bush administration. With members of the G.O.P. now echoing the concerns of activists, denunciation of the indefinite detention of suspected terrorists without charge is becoming increasingly bipartisan.

Currently, the U.S. holds approximately 520 detainees. While most have spent more than 3 years at the prison, only four have been charged. As such, Senator John McCain argued, "Try them or release them."

The Arizona republican continued, "I think the key to this is to move the judicial process forward so that these individuals will be brought to trial for any crime that they are accused of rather than residing in the Guantanamo facility in perpetuity."

Similarly, Chairman of the Judiciary Committee Senator Arlen Specter (R-Pa) called for legally defining the rights of terrorism suspects being held at Guantanamo Bay.

"It is a genuine crazy quilt to try to figure out where the due process rights lie." The Supreme Court says there are due process rights."

June 08, 2005

President Carter Calls for GITMO Closure

In order to demonstrate its historic commitment to promoting freedom and democracy around the world, Jimmy Carter says the United States should close the Guantanamo Bay prison facility, The New York Times reports.

At his Atlanta-based human rights center, the former president joined human rights defenders from 14 nations, and together with representatives from major U.S. human rights organizations participated in a conference entitled "Human Rights Defenders on the Frontlines of Freedom: Advancing Security and the Rule of Law." According to a press release posted to The Carter Center website, the two-day conference proposed several recommendations:

Close down Guantanamo and the two dozen secret detention facilities run by the United States as soon as practicable;

Reaffirm the United States' commitment to fundamental principles of due process and to international law and give unequivocal assurances that all provisions of the Geneva Conventions on the treatment of prisoners and the Convention Against Torture and Cruel, Inhuman, and Degrading Treatment, including during interrogations, will be strictly enforced;

Assure that no detainees will be held incommunicado and that all will know the charges against them and be insured of international standards for fair trials;

Terminate the policy of "extraordinary rendition" (the transfer of detainees to foreign countries where torture has been reported);

Establish an independent, blue ribbon commission with authority to investigate places where terrorism suspects are held in U.S. custody and make a full report to the world, as called for by bipartisan congressional leaders, and

In its policies towards other nations, the United States should look to multilateral mechanisms when seeking to advance freedom and democracy, especially the U.N. Office of the High Commissioner for Human Rights, which is a willing partner in this endeavor.

Despite his criticism of U.S.-run prison facilities in Iraq, Afghanistan and Guantanamo Bay, Cuba and allegations of prisoner mistreatment that have caused the U.S. to suffer a "terrible embarrassment and a blow to our reputation," President Carter was careful not to confine his critique to the United States, acknowledging the existence of serious human rights violations in other nations as well, CNN reports.

"All free nations should unite in condemnation of those countries guilty of such abuses, with the Universal Declaration of Human Rights as the standard," he urged.

President Carter likewise denounced Amnesty International's recent portrayal of the prison facility at Guantanamo as "the gulag of our time," contending the alleged abuses at the U.S.-run prison in no way compare to the forced labor camps administered by the former Soviet Union.

June 07, 2005

Safety Concerns Stall Repatriation for 15 Detainees

The Washington Times reports that 15 detainees determined no longer be "enemy combatants" and slated for release from Guantanamo more than three months ago remain at the prison facility, because the United States is unable to insure the safe return to their home countries.

According to defense officials, the delay is attributed to concerns about the potential treatment the detainees face from their home governments upon repatriation. Pentagon spokesman Bryan Whitman said it is U.S. policy not to return detainees to their countries if it is believed "more likely than not that they'll be tortured or subject to persecution."

The Pentagon has declined to provide the names or nationalities of the 15 men. Likewise, it has refrained from disclosing the foreign government that has prompted the concern.

According to the Times article, Army Brigadier General Jay Hood, who heads the prison camp at Guantanamo said "most of" the men awaiting release have been separated from the general population at the maximum security prison and are detained together in a part of the camp where they are afforded comforts - such as approved videos and communal meals - not bestowed on the rest of the inmate population.

"One of the non-enemy combatants," General Hood explains, "has not complied with instructions from the security force and so we removed him from that other group and he'll be held separately until we receive orders to return him to his country of origin."

April 26, 2005

2 Detainees Transferred to Belgium

In a release posted to its website, the Department of Defense announced the transfer of 2 detainees from Guantanamo Bay, Cuba, to the control of the Belgian government.

The latest transfer raises the number of detainees who have departed Guantanamo to 234.

Per the Department of Defense, prior to this transfer 232 detainees had departed Guantanamo - 167 for release, and 65 transferred to the control of other governments (29 to Pakistan, 5 to Morocco, 7 to France, 7 to Russia, 4 to Saudi Arabia, 1 to Spain, 1 to Sweden, 1 to Kuwait, 1 to Australia and 9 to Great Britain).

In total, 234 detainees have departed Guantanamo, approximately 520 detainees remain.

April 19, 2005

17 Afghans, 1 Turk Transferred from GITMO

In a statement posted to its website, the Pentagon announced 18 detainees found to no longer be enemy combatants by a Combatant Status Review Tribunal, were transferred from the detention center at Guantanamo Bay, Cuba, to authorities in their home countries.

The largest known detainee release since 2004, 17 detainees were transferred to Afghanistan, while one detainee was repatriated to Turkey.

For security purposes, neither the names nor the identities of those transferred have been released.

The latest transfer raises the number of detainees who have departed Guantanamo to 232. Approximately 520 detainees remain at Guantanamo.

April 14, 2005

NPR Report on the Future of GITMO and its Detainees

In her continuing coverage of Guantanamo, NPR's Justice Department reporter Jackie Northam explores the government's long-term plans for hundreds of suspected terrorists detained at the naval facility in Cuba, and considers what the future holds for the prison itself.

When the United States first leased the Cuban territory over 100 years ago, its intended function was to serve as a refueling base for American ships and aircraft. By the mid 1990s it assumed a new role, housing Cuban and Haitian refugees. The base began to downsize, buildings were razed and personnel was cut.

Following the September 11th attacks and the ensuing "War on Terror," the government was faced with the challenge of how to detain enemy combatants possessing intelligence value.

Accompanied by intelligence officers and military police, hundreds of suspected terrorists captured in Afghanistan descended upon the base in Cuba. Three years have passed since the facility was transformed, and the immediacy of the months following the terrorist attacks has since diminished.

Operations at Guantanamo - Northam submits - are now at a crossroads.

Former air-force attorney and military law expert Professor Scott Silliman of Duke University observes several factors necessitating a reevaluation of operations at Guantanamo, among them:

- the administration's frustration at its inability to extract significant amounts of accurate information from interrogations;

- the type of the intelligence being gathered proving inadequate to frame a specific criminal charge of the violation of the law of war;

- continued complaints regarding both the legality of holding the detainees and internal investigations; and

- the maelstrom of publicity over detainee abuse.

Any goal of reducing detainees by more than half, a US Central Command (CENTCOM) spokesman reveals, is not as straightforward as it sounds. Particularly as in excess of 30 detainees deemed eligible to leave the base are yet unable.

"There are difficulties returning them to country of origins because those countries can't guarantee their safety. Those are issues that the State Department and other agencies in our government are working on.'

Still other detainees should never be released, avers Marvin C. Ott Professor of National Security Policy at the National War College, whose argument for indefinite detentions further illustrates the complexities of downsizing the detainee population at Guantanamo.

As Ott explains, there are detainees who have emphatically declared that upon their release, they will try to kill Americans.

Their world view is absolutely black and white, fanatically devoted to a Jihadist vision, Ott says.

'The idea that these people would adopt peaceful pursuits in many, many cases is utter fantasy - they will not do it. What do you do with them?'

Despite plans to reduce the number of detainees at Guantanamo, several recent construction projects on the base belie any suggestion that the operation is temporary. Last year saw the completion of the high-tech Camp V, modeled after a maximum-security facility. While able to accommodate upwards of 100 detainees, much of the prison can be run from a central control center. More efficient than the neighboring Camp Delta, the new prison requires fewer guards, adding to the effort to streamline manpower at Guantanamo.

Other large-scale additions to the base include a hospital for the detainees, complete with a state of the art psychiatric wing, 4 huge wind turbines erected hillside to supply approximately one quarter of the electricity used at the base, and a high-security intelligence building capable of incorporating information from the CIA, the FBI and other intelligence agencies.

It is the drive for intelligence, Northam explains, that remains intrinsic to the future of Guantanamo.

April 07, 2005

White House Wants Ruling on Detainee Rights Reversed

In federal appeals court today, the Justice Department defended the Bush Administration�s prosecution of foreign terror suspects at Guantanamo Bay, and sought to overturn a federal ruling that deems unlawful military commission trials that do not afford foreign terror suspects the same legal protections as Americans, The New York Times reports.

Representing the government, assistant attorney general Peter D. Keisler said the trials that were halted �send a message that if you commit terrible crimes, we will capture you, we will give you a fair trial, and if you're convicted, we will impose a just sentence,� reports the Chicago Tribune.

Back in November, a U.S. District Judge ruled unfair and unlawful - and immediately halted - the military commission of Osama bin Laden�s former driver and alleged terrorist Salim Ahmed Hamdan. The Yemeni was to be the first detainee to be tried by a special military commission. In Hamdan v. Rumsfeld, 04-CV-1519, Judge James Robertson of the United States District Court for the District of Columbia declared President Bush �had both overstepped his constitutional bounds and improperly brushed aside the Geneva Conventions in establishing military commissions to try detainees at the United States naval base here as war criminals.�

According to the 45-page memorandum opinion, Judge Robertson found that the administration contravened Geneva Convention guidelines, disregarding a basic provision which requires the United States to treat Hamdan as a prisoner of war (P.O.W.), unless he appears before a special tribunal described in Article 5 of the Third Geneva Convention that determines he is otherwise.

The Bush administration contends that Hamdan and other suspected terrorists designated as �enemy combatants� are not entitled to P.O.W status and do not merit protections conferred by the Geneva Conventions - which governs the treatment of civilians and soldiers in wartime - because al Qaeda did not sign the treaty.

Among the points of contention: in military commission cases, the government cites national security concerns for classifying evidence. While legal counsel has access to this information, it may nevertheless be withheld from the defendant. Also, a defendant need not be present for all parts of the military commission trial.

�It makes no sense to say that we adhere to international law and the first thing we do at the beginning of a trial is violate a canon of international law,� said Navy Lt. Cmdr. Charles Swift, Hamdan�s Pentagon-appointed attorney.

�This is the law in Rwanda,� but not in the United States, Swift retorted.

Out of approximately 550 detainees at Guantanamo, 15 have been designated for military commission trials. Only four have been charged.

March 31, 2005

ACLU: Declassified Memo Suggests Abuse Sanctioned by Top Brass

In a statement posted to its website, the American Civil Liberties Union contends that a recently declassified 2003 Army memo signed by Lt. Gen. Ricardo A. Sanchez - commander of U.S. ground forces from June 2003 to July 2004 - raises concerns that Sanchez perjured himself during his May 19th testimony to Congress on Iraq prison abuse, during which he denied authorizing highly coercive interrogation methods in violation of both the Geneva Conventions and Army standards.

An excerpt from the ACLU statement:

"The memorandum, dated September 14, 2003, was signed by Lt. Gen. Sanchez and laid out specific interrogation techniques, modeled on those used against detainees at Guantanamo Bay, Cuba, for use by coalition forces in Iraq. These include sleep "management," the inducement of fear at two levels of severity, loud music and sensory agitation, and the use of canine units to "exploit [the] Arab fear of dogs."

During sworn testimony before the Senate Armed Services Committee, Lt. Gen. Sanchez flatly denied approving any such techniques in Iraq, and said that a news article reporting otherwise was false.

Specifically, Senator Jack Reed (D-RI) asked Sanchez, "today's USA Today, sir, reported that you ordered or approved the use of sleep deprivation, intimidation by guard dogs, excessive noise and inducing fear as an interrogation method for a prisoner in Abu Ghraib prison." To which Sanchez replied, using the acronym for Coalition Joint Task Force-7, "Sir, that may be correct that it's in a news article, but I never approved any of those measures to be used within CJTF-7 at any time in the last year."

"We deserve to know if our military commanders are being honest when reporting to Congress and the American people what's been done in our country's name," said Christopher E. Anders, an ACLU Legislative Counsel. "The attorney general clearly has to bring us those answers by appointing an independent investigator, and possible perjury is a good place to start."

As such, the ACLU submitted a request to Attorney General Alberto Gonzales asking him to open an investigation into Sanchez's possible perjury.

As Stars and Stripes reports, Pentagon officials defend the general, as Defense Department spokesman Lt. Col. John Skinner offered, "There have now been 10 major lines of inquiry, to include one done by an independent panel, that have found there was no policy that condoned or encouraged abuse of any type."

March 30, 2005

DoD: Combatant Status Review Tribunals for all GITMO Detainees Completed

During the 9th and most recent Defense Department Special Briefing on Combatant Status Review Tribunals (CSRTs) Secretary of the Navy Gordon England, Secretary Rumsfeld�s designated civilian official for the Detainee Administrative Review Processes at Guantanamo, announced that the CSRTs for all of the DoD detainees at Guantanamo - 558 in total - have been completed.

Secretary England explained the process:

�Once the hearing is completed, the record of the tribunal is compiled and forwarded to the convening authority, Admiral McGarrah, for sufficient review and for final action. Of the 558 CSRT hearings conducted, the enemy combatant status of 520 detainees was confirmed. The tribunals also concluded that 38 detainees were found to no longer meet the criteria to be designated as enemy combatants. So 520 enemy combatants, 38 non-enemy-combatants.�

�The Department of State has been notified of all of these determinations, and State is coordinating the return of the 38 non- enemy-combatants to their home countries. As of today, five of those 38 persons have returned to their home countries, and the Department of State is working to coordinate the return of the remaining 33 as expeditiously as possible.�

�As you know, we do not discuss individual cases, but I can share with you some of the common features of those cases to give you a sense of their complexity. Each case is different, and each case is difficult. Even for the detainees who have been determined by our CSRTs to be no longer to be designated as enemy combatants, the files on those detainees often contain information that suggests that they could be classified as enemy combatants. There is often conflicting information that has to be sorted through very carefully by the CSRT members.�

�It should be emphasized that a CSRT determination that a detainee no longer meets the criteria for classification as an enemy combatant does not necessarily mean that the prior classification as EC was wrong.�

March 20, 2005

C.I.A.: Approved Interrogation Techniques - Past & Present - Are Lawful

In response to The New York Times March 18th article on testimony given by C.I.A. director Porter J. Goss - which the C.I.A. contends "creates the false impression that U.S. intelligence may have had a policy in the past of using torture against terrorists captured in the war on terror" - the agency released a statement assuring, "All approved interrogation techniques, both past and present, are lawful and do not constitute torture."

In a written statement, the agency's director of public affairs Jennifer Millerwise maintained, "C.I.A. policies on interrogation have always followed legal guidance from the Department of Justice."

Millerwise continued, "If an individual violates the policy, then he or she will be held accountable."

March 13, 2005

3 More Detainees to be Released from Guantanamo

In a release posted to its website,the Pentagon announced that 3 detainees found no longer to be �enemy combatants� by Combatant Status Review Tribunals will be transferred from Guantanamo Bay, Cuba to Afghanistan, Maldives and Pakistan.

Neither the names nor the identities of those released have been confirmed.

Prior to the most recent transfer 211 detainees had departed Guantanamo: 146 for release, and 65 transferred to the control of other governments (29 to Pakistan, 5 to Morocco, 7 to France, 7 to Russia, 4 to Saudi Arabia, 1 to Spain, 1 to Sweden, 1 to Kuwait, 1 to Australia and 9 to Great Britain).

In total, 214 detainees have departed Guantanamo, while approximately 540 detainees remain at the prison facility.

March 12, 2005

Abu Ghraib Commander Given Letter of Reprimand

Quoting Army and congressional sources, Stars and Stripes reports Janis Karpinski - the Army Reserve Brigadier General in charge of the U.S. run prison - was "quietly handed a letter of reprimand."

Karpinski was suspended from her duties as Commander of the 800th Military Police Brigade following the 60 Minutes broadcast that alerted the world to the prisoner abuse scandal. She denied involvement in, and prior knowledge of the abuses, telling the BBC she was a 'convenient scapegoat' for abuse ordered by others.

Officials say a decision has not yet been made as to whether Karpinski would receive additional punishment.

March 11, 2005

Latest Pentagon Report: Detainee Abuses Not Sanctioned by Civilian or Military Policy

Echoing the findings of previous DoD-commissioned investigations, the Pentagon's latest probe into detention operations concluded that neither civilian defense officials nor military leadership sanctioned or encouraged prisoner abuse, finding "no single overarching explanation" for the numerous cases of prisoner mistreatment that have come to light since the notorious Abu Ghraib scandal.

As the Washington Post reports, unlike previous inquiries, the latest investigation did not focus solely on interrogation practices at the U.S.-run Abu Ghraib prison facility in Iraq but rather, extended its scope to include the treatment of detained suspects dispersed throughout the various theaters of the War on Terrorism.

Ordered by Defense Secretary Donald Rumsfeld and headed by former Navy Inspector General Vice Admiral Albert T. Church III, the latest investigation traced the evolution of U.S. military interrogation policies between 2002 and 2004. During this period, the Bush administration determined the Geneva Conventions were neither applicable to the U.S.-led war in Afghanistan nor to the U.S.-run detention facility at Guantanamo Bay, Cuba - but that they were in fact, applicable to the war in Iraq. According to the Post, while the Church investigation found no linkage between sanctioned interrogation techniques and detainee abuse - and that "for the most part" military personnel complied with U.S. and international standards for treating detainees humanely - interrogators that transferred from one battlefield setting to another carried with them procedures from previous assignments. When directives were vague the article explains, interrogators improvised, often resulting in confusion insofar as what was - and was not - permissible conduct when dealing with detainees.

Released yesterday, the resulting 368-page report concludes that there was never a deliberate policy that allowed interrogators to torture detained suspects and that when required, the military investigated allegations of mistreatment, and subsequently punished offending soldiers when appropriate.

Briefing congressional leaders, Admiral Church told the Senate Armed Services Committee that a lack of guidelines and oversight, bad planning and a slow response to Red Cross warnings of abuse contributed to the mistreatment of prisoners in Afghanistan and Iraq.

An executive summary of the results of the Department of Defense review of detention operations and interrogation techniques can be found here.

February 16, 2005

Armed Forces Press Service on Current Conditions at GITMO

Reporter Kathleen T. Rhem of the American Forces Press Service provides a glimpse into the conditions under which terror suspects are currently being held. In an article posted to the Department of Defense website, the tarnished image of a scandalized Guantanamo is replaced by a detention facility in compliance with correctional, legal and humanitarian standards; a detention facility that embodies the mission of the Joint Task Force, ensuring "the safe, secure, humane custody of the detainees."

As Rhem reports, at the base's detention camps prisoners are divided into 4 levels. The levels are unrelated to detainee's intelligence value but rather, they are based on how well detainees comply with camp rules and cooperate with guards instructions.

Typically, level 1 detainees are obedient, and are inclined to follow camp rules. They occupy communal living quarters, and wear uniforms that are white - a culturally respected color that serves as an incentive to detainees in other camps.

In contrast, level 4 detainees often have a history of offenses, ranging from threatening guards and other detainees, to hurling bodily fluids, to refusing to exit their cell when ordered. Level 4 detainees wear orange, hospital type uniforms, and are granted fewer privileges than level 1 detainees.

For detainees who cooperate, privileges may include extended access (7-9 hours per day) to an outside exercise area, which features picnic and ping-pong tables, a soccer area and volleyball court. Games, books and other reading material, as well as electric fans and ice water may also be made available.

With regard to the camp's physical structure, the article illustrates how the concrete and open-air chain-link enclosures of the crude and hastily built Camp X-Ray have been replaced by more modern and permanent structures. Construction of Camp Delta began in 2002, eventually replacing the make-shift Camp X-Ray, which had never been intended for long-term detentions. Then in spring of 2004, a state-of-the-art $16 million detention facility was completed. Camp 5 was composed of four wings consisting of 12 to 14 individual cells each.

Last month, plans for a new prison - Camp 6 - were announced. The $25 million, 200 bed, medium-security facility will be restructured with an improved medical facility, including a $1.7 million psychiatric wing.

Together Camps 5 and 6 are said to represent 'the future of Guantanamo Bay,' which is being revamped to house those prisoners found to pose a continuing security threat.

Despite official pronouncements of its intentions to reduce prisoner population - as well as the contention held by many that GITMO will probably not become a fully-functional detention facility - the millions spent and earmarked for the construction of state of the art facilities suggests that the Department of Defense does in fact, have long-term plans for the U.S.- run prison in Cuba.

February 15, 2005

CSRTs: 6 More GITMO Detainees to Be Sent Home

The Pentagon has announced that a military review panel at Guantanamo Bay, Cuba has found six more detainees should no longer be classified as �enemy combatants.� While a spokesperson declined to identify the prisoners or their nationalities, they said the State Department was arranging their repatriations.

The Combatant Status Review Tribunals (CSRTs) consider whether detainees belonged to - or were associated with - the Taliban or al Qaeda, and whether they fought against or pose a threat to the United States and its allies. The target of myriad criticisms, the much-maligned CSRTs have also been deemed �overly vague.�

When asked if the panel�s findings did not suggest the men - some captured and held without charge for in excess of 3 years - were detained in error, Navy spokesperson Captain Beci Brenton explained, �The finding of the (tribunals) is that they no longer meet the criteria," Reuters reports.

While the panels have thus far ruled that 410 Guantanamo prisoners were "enemy combatants," only four have been charged with crimes since the U.S. began sending suspected terrorists to the U.S. naval facility in Cuba more than three years ago.

As of the latest announcement, 12 Guantanamo detainees have been designated for release.

February 03, 2005

CSRTs: 3 More GITMO Detainees No Longer Classified as "Enemy Combatants"

As reflected in the Pentagon�s updated summary of tribunal statistics, the Combatant Status Review Tribunals (CSRTs) have found 3 more Guantanamo detainees should no longer be classified as �enemy combatants.�

Since they began back in July, the CSRTs have found 387 Guantanamo detainees were correctly classified as enemy combatants, while 6 detainees were determined not to be enemy combatants.

While a Pentagon spokesman would not identify the 3 men or their nationalities, he did indicate that the State Department would arrange for their respective repatriations, Reuters reports.

January 31, 2005

District Judge: Pentagon Fails to Provide Due Process for GITMO Detainees

Rejecting the Bush administration�s request to dismiss lawsuits filed on behalf of 54 foreign-born terror suspects protesting their detentions at Guantanamo, a district judge ruled today that the U.S. government has improperly prevented non-U.S. citizens picked up during the "War on Terror" from contesting their imprisonments, deeming the Pentagon's procedure to determine whether they are in fact �enemy combatants� fundamentally unfair and unconstitutional.

By failing to satisfy several due process requirements, U.S. District Judge Joyce Hens-Green found the Combatant Status Review Tribunals (CSRTs) violate the Fifth Amendment of the U.S. Constitution and in some cases, the Geneva Convention treaties on treatment of prisoners of war.

Judge Hens-Green noted that because the men distinguished as �enemy combatants� are not provided legal counsel, and because the government withholds some evidence as classified, detainees at Guantanamo do not have access to all the pertinent material that might buttress their cases.

As The New York Times and Washington Times report, Judge Hens-Green ruled that under June's Supreme Court decision, the detainees were entitled to challenge the basis for their detentions, despite the executive branch�s entrenched arguments to the contrary.

�Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over 200 years,� Judge Hens-Green noted.

Judge Hens-Green found the military greatly depended on detainee confessions in their determination of whether they are correctly identified as �enemy combatants.� As the Washington Post explains, the judge called into question the efficacy of such confessions because of allegations and evidence of abusive conditions during the interrogation process.

Despite the latest ruling, the Bush Administration remains steadfast in its position that the CSRTs are in fact, constitutional. During today�s White House press briefing, spokesman Scott McClellan stated, �we respectfully disagree with the decision. The Department of Justice will be looking at what the appropriate next steps are to take in this matter, so they'll be reviewing the matter.�

To be sure, Judge Hens-Green said nothing in her opinion �should be interpreted to require the immediate release of any detainee.� Nevertheless, she said the present system - deemed by many of its critics to have been hastily set up by the Pentagon - and in which a detainee who has not yet been charged with a specific crime could in fact be held in captivity longer than a criminal defendant who has been tried and convicted - can not continue without substantial changes.

As could be expected, civil liberties groups celebrated the latest ruling. In a statement posted to its website, Center for Constitutional Rights (CCR) President Michael Ratner commented,

�Judge Green�s decision is extraordinary. It reaffirms that the Guant�namo detainees cannot be imprisoned outside the law, that they have a constitutional right to a fair hearing and that evidence resulting from torture and coercion cannot be used to continue their imprisonments. The judge also found that it was illegal for the President to unilaterally determine that an entire group of the Guant�namo prisoners were not POW�s protected by the Geneva conventions. This ruling has the potential to bring the U.S. back into the fold of nations under law. It is about time.�

Judge Hens-Green�s decision conflicts with an earlier ruling. On January 19th, Judge Richard J. Leon - a Bush appointee - threw out 7 suspected terrorists� requests for court review of their detention. Judge Leon said he found �no viable legal theory exists�' for a court to order the detainees� release.

Legal experts expect the issue to be resolved either by the U.S. Court of Appeals for the District of Columbia or possibly, the Supreme Court.

January 24, 2005

Mass Suicide Attempt at Guantanamo Revealed

The AP reports that during August 2003, 23 terror suspects detained at Guantanamo attempted a mass suicide.

The military has confirmed that nearly two dozen detainees tried to simultaneously hang or strangle themselves during a mass protest. In a statement posted to the NPR website, U.S. Southern Command describes the attempt as �a coordinated effort to disrupt camp operations and challenge a new group of security guards from the just-completed unit rotation.�

An excerpt:

� Of the 23 detainees involved, two required treatment in the Detention Hospital. Each of these detainees was treated for minor injuries, remained in the Detention Hospital for less than 48 hours for observation, and subsequently were transferred to the Behavioral Health Services Unit.

� The JTF medical staff evaluated the other 21 detainees at the Detention Hospital and then sent them to the Behavioral Health Services Unit for evaluation and monitoring.

� The JTF chain of command was notified of these incidents and reported them as required to SOUTHCOM.

� Of the 23 detainees who participated in this incident, 16 remain in the camps. Seven detainees have been transferred from Guantanamo Bay.

� The Joint Detention Operations Group continually assesses the camp's population for whom the informal leaders are, the mood of the detainees, and their ability to communicate with each other.

� That assessment has enabled the leadership to take numerous measures to reduce the opportunity for detainees to communicate a coordinated self-harm incident, or strike out at another detainee or the guard force.

� There have been no successful suicide attempts at GTMO. This is because of a vigilant, well-trained guard force, charged with the safe, humane custody of the detainees and because of that force's ability to rapidly and properly respond.

As reported by the AP, Alistair Hodgett of Amnesty International was critical of the delay in reporting the incident.

�When you have suicide attempts or so-called self-harm incidents, it shows the type of impact indefinite detention can have, but it also points to the extreme measures the Pentagon is taking to cover up things that have happened in Guantanamo,� he said.

Mission commander of Guantanamo Army General Jay Hood said that since the military set up a psychiatric ward at the facility, the number of incidents has decreased.

January 23, 2005

Update - Combatant Status Review Tribunals

On Saturday, the U.S. military held the last of the Combatant Status Review Tribunals (CSRT) at Guantanamo. A 30-year-old detainee was the last of 558 men who had their cases considered by the CSRT, convened to determine whether detainees are properly held as �enemy combatants.�

As per a statement issued by the Pentagon, the Office for the Administrative Review of the Detention of Enemy Combatants has conducted 550 tribunals since July 2004. The convening authority has reviewed and finalized 330 tribunals, of which 327 have remained classified as enemy combatants, and three have been determined to no longer be enemy combatants.

January 16, 2005

Kuwaiti Detainee Transferred from Guantanamo

The Pentagon announced it has transferred a detainee from Guantanamo to Kuwait for prosecution.

As the Washington Post reports, the detainee is identified as Nasser al-Mutairi, 26, who was captured in Afghanistan during the U.S.-led War on Terror. Designated an �enemy combatant,� he remained in custody at Guantanamo for the past three years ago.

Upon his return to the gulf nation, al-Mutairi was taken into government custody.

According to Voice of America, the detainee is the first of 12 Kuwaitis said to be doing charity work when captured by U.S. forces in Afghanistan.

As per DoD, prior to the latest transfer 202 detainees departed the naval prison facility at Guantanamo - 146 were released, while 56 were transferred to the control of other governments (29 to Pakistan, 5 to Morocco, 4 to France, 7 to Russia, 4 to Saudi Arabia, 1 to Spain, 1 to Sweden and 5 to Great Britain). In total, 203 detainees have departed Guantanamo, while approximately 550 detainees remain currently detained.

Abu Ghraib�s Graner Sentenced to 10 Years for Prisoner Abuses

In addition to a dishonorable discharge from the army, Reuters reports Specialist Charles A. Graner Jr. was sentenced yesterday to 10 years behind bars for his involvement in the detainee abuse scandal at the U.S.-run Abu Ghraib prison facility in Iraq.

While Graner claimed he was carrying out orders, and that he complained to superiors about the treatment he claims he was forced to mete out to detainees, he nevertheless admitted, �I didn�t enjoy anything I did there. A lot of it was wrong, a lot of it was criminal.�

January 15, 2005

Abu Ghraib �Ringleader� Convicted of Prisoner Abuses

Following a 4� day trial in Fort Hood, Texas, the reputed �ringleader� of the Abu Ghraib prisoner abuse scandal was found guilty on all charges.

Within 5 hours of deliberation, the 10-member military jury convicted Army Reserve Specialist Charles A. Graner Jr. on charges including conspiracy, dereliction of duty, maltreatment of prisoners, aggravated assault and indecent acts at the U.S.-run prison west of Baghdad, the Los Angeles Times reports.

For his actions Graner - a former corrections officer - faces a possible 15-year prison sentence.

It was the first court-martial resulting from the Abu Ghraib prisoner abuse scandal that embarrassed the nation, incited international outrage and drew the ire of the Arab world. As The New York Times points out, the verdict was returned a year to the day after the Pentagon began its investigation into the scandal. Thousands of damning photographs captured on a CD-ROM documenting the abuses prompted the military investigations, subsequently alerting the world last spring of the abuse.

As the LA Times explains, the abuses occurred from October to December 2003, as U.S.-led forces in Iraq were gathering intelligence in hope of averting the rising insurgency and finding Saddam Hussein. Against this backdrop, Graner�s attorneys argued that their client and his fellow military police were subject to extreme pressure from intelligence agents to employ physical violence to prepare detainees for questioning.

His civilian lawyer rationalized, �And the more aggressive you are, the better intelligence results you get.�

Despite arguments that Graner and his fellow MPs were the proverbial �fall guys� for their superior officers - with culpability ostensibly ascending the Defense Department�s chain of command - witnesses for the defense testified there had in fact, been no orders for the behavior depicted in the photographs. Such admission buttresses both the Bush Administration�s and the Pentagon�s contention that prisoner abuse was neither ordered nor condoned; rather than being endemic prisoner abuses were attributable to the actions of a handful of rogue soldiers, a few �bad apples.�

As the Washington Post reports, Graner had been a corporal but has since been demoted to the rank of specialist. To date, no officer at Abu Ghraib faces criminal charges.

Among the evidence introduced by the prosecution were previously unreleased emails sent to friends and family in which Graner appeared to pride himself on his brutal treatment of inmates.

The prosecution averred Graner�s actions were unjustified, that they were �for sport, for laughs.�

In total, seven soldiers have been charged in the scandal - three have pleaded guilty, three face court-martial. Sergeant Ivan Frederick was given a dishonorable discharge and sentenced to 8 years in prison. Private Lynndie R. England, who is also pictured in the sadistic photographs, infamously smiling and giving a thumbs-up in front of naked, hooded prisoners, is said to be Graner�s girlfriend.

While he chose not to testify on his behalf, Graner plans to address the jury during the sentencing phase, scheduled to begin later today.

January 11, 2005

Last 4 Britons, 1 Australian to be Transferred from Guantanamo

In a press release posted to its website, the Department of Defense announced it will be transferring 5 terror suspects - 4 Britons and 1 Australian - from Guantanamo. The announcement comes on the third anniversary of the U.S.-run prison facility in Cuba.

The Britons are identified as Moazzam Begg, Feroz Abbasi, Martin Mubanga and Jamaal Belmar. The Australian national is identified as Egyptian-born Mamdouh Habib. While the men have been held without charge or trial, their distinction as �enemy combatants� remains. As such, the governments of the United Kingdom and Australia have accepted responsibility for the men and upon their respective repatriations have provided assurance to the United States that they will �will work to prevent them from engaging in or otherwise supporting terrorist activities in the future,� The New York Times reports.

British Foreign Secretary Jack Straw said the plan to release the 4 remaining Britons follows �intensive and complex� discussions with the United States. Upon their return, Straw said �the police will decide whether to arrest them� on terrorism laws.

Australia�s attorney general Phillip Ruddock and Foreign Minister Alexander Downer said the United States believed that �Mr. Habib had prior knowledge of the terrorist attacks on or before 11 September 2001. Mr. Habib has acknowledged he spent time in Afghanistan, and others there at that time claim he trained with Al Qaeda.�

The Times reports however, that according to the officials' statement, it seems unlikely Habib will face prosecution under Australian law.

Another Australian terror suspect, David Hicks, remains detained at Guantanamo. Among the first terror suspects to be charged, Hicks is scheduled for trial in March

The latest transfer is expected to occur within the next few weeks.

January 10, 2005

Long-Term Prison Planned for Guantanamo

On the eve of the prison's third year in operation, The Washington Times reports that in an effort to allow for the construction of a larger, more permanent facility, the United States is planning to release or transfer many of the 549 terror suspects detained at Guantanamo.

According to Britain�s Financial Times, the new prison - which will be called Camp Six - will be able to accommodate the 200 detainees that the United States considers of intelligence value and as such, does not yet want released. As CNN reports, the $25 million facility will be restructured with an improved medical facility, including a $1.7 million psychiatric wing, and a permanent guard force.

December 23, 2004

Rights Group Submits FOIA Request on Behalf of �Ghost Detainees�

In a press release posted to its website, the Center for Constitutional Rights (CCR) announces it has submitted a FOIA request on behalf of �ghost detainees.�

Dedicated to "protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights," the rights group says the request was made in response to recent media reports suggesting the CIA has been secretly operating a holding and interrogation center at Guantanamo, as well as at various �undisclosed locations� around the world.

As the press release explains, the CCR �seeks records relating to the identity, location, authority over, and treatment of all Unregistered, CIA, and �Ghost� Detainees and all other individuals interdicted, interrogated, and detained by any agency or department of the United States.�

CCR deputy legal director Barbara Olshansky avers, �The use of secret detentions centers not only violates international and U.S. law�it undermines the critical pillars of our Democracy � justice and liberty -- and tosses aside the Framers concerns about the dangers of an overreaching executive.�

Olshansky continues, �How can we hold ourselves up as an example as the world�s preeminent democracy when we are violating the founding principles of our own?�

December 21, 2004

2nd Detainee to be Freed from GITMO; Tribunals Determine Improper Designation as "Enemy Combatant"

A Combatant Status Review Tribunal (CSRT) has determined a Guantanamo detainee was mis-classified as an �enemy combatant� by the Pentagon and as such, the State Department will arrange for his repatriation, the Associated Press reports.

For security reasons neither the detainee�s name/nationality, nor circumstances under which he was captured have been released.

The unnamed detainee is the second to be exonerated under the military process established in response to June's Supreme Court ruling, which found detainees at Guantanamo could challenge their designation through the U.S. courts. In September, the three-man panel determined a detainee was improperly designated as an �enemy combatant.� The detainee was later released and repatriated to Pakistan.

As per the AP article, Navy Secretary Gordon England - who oversees the detainee administrative review processes at Guantanamo - refrained from admitting the latest prisoner was wrongly held.

�I don�t think there�s a right or wrong answer to this. I think this is a gray area.�

According to the latest Special Defense Department Briefing on Status of Military Tribunals, the military has conducted 507 tribunals. Approximately 50 tribunals remain and are expected to be completed next month.

December 18, 2004

C.I.A.'s "Prison w/in a Prison," Reports Washington Post

The Washington Post reports that the C.I.A. operated a covert holding and interrogation facility for suspected senior al Qaeda operatives within the larger American military-run prison facility at Guantanamo.

As the article explains, the buildings used by the C.I.A. were off-limits to most personnel on the base, �shrouded by high fences covered with thick green mesh plastic and ringed with floodlights� within the larger Camp Echo complex, which was constructed to house the DoD�s high-value detainees, as well as those awaiting military trials.

Those picked up during the U.S.-led �War on Terrorism� and detained at Guantanamo are technically held not by the C.I.A. but by the Defense Department. They are guaranteed access to the International Committee of the Red Cross (ICRC) and, as a result of June�s landmark Supreme Court ruling, may challenge their detentions through the U.S. courts.

C.I.A. detainees - by contrast - are governed by distinct rules, and with far greater secrecy.

�Under a presidential directive and authorities approved by administration lawyers,� the article explains, �the CIA is allowed to capture and hold certain classes of suspects without accounting for them in any public way and without revealing the rules for their treatment. The roster of CIA prisoners is not public, but current and former U.S. intelligence officials say the agency holds the most valuable al Qaeda leaders and many mid-level members with knowledge of the group's logistics, financing and regional operations.�

Officials from neither the C.I.A. nor the DoD were willing to discuss any aspect of the operation. When questioned about the arrangement between the C.I.A. and the U.S. military at Guantanamo, Pentagon spokesman Bryan Whitman said he was not at liberty to comment on operations of other agencies.

�As we have stated since the beginning of detention operations at Guantanamo, the ICRC has access to detainees at Guantanamo and is permitted to meet with them, consistent with military necessity.�

Whitman added, �all [Defense] detainees, including those at Guantanamo, are treated humanely, and in accordance with applicable law.�

While ICRC officials declined to divulge where - or with whom - they had been permitted to visit, a spokesman submitted �We have been granted broad access to the camp.�

He continued, �We are confident we have visited all of the people detained at Guantanamo, in all of the places they are being detained.�

Yet the Post article points out that the ICRC has not, in fact, been granted access to high-value detainees held at secret locations around the world.

It is unclear whether the facility is still in operation today.

December 02, 2004

Detainee Status Debated in Federal Court

In what is expected to be a protracted second phase of the legal battle over the government�s efforts to assign the fate of Guantanamo detainees to the U.S. military rather than the federal courts, the Defense Department continued to defend its Guantanamo prison policy before a federal court in Washington on Wednesday, The New York Times reports.

In the landmark June 29th ruling, the Supreme Court entered the first phase of the battle, issuing a blow to the Bush administration when it ruled that foreign terror suspects held at Guantanamo could in fact use the American legal system to challenge their detentions.

Arguments heard yesterday concerned the government�s motion to dismiss Habeas Corpus petitions filed on behalf of 54 Guantanamo detainees who have asked the courts to require government justification of its detentions. Lawyers for the detainees argue their clients have the right to a fair trial and should be given the proper opportunity to defend themselves.

Government lawyers however, remain steadfast in their position that the U.S. military can hold foreign terror suspects picked up in the �War on �Terror� as �enemy combatants� - a broadly defined classification that suggests they are not entitled to protections generally given to prisoners of war and as such, do not possess the constitutional rights to contest their detentions in court.

Of the Pentagon�s decision to detain suspected Taliban and al Qaeda fighters - some for 3 years - deputy associate attorney general Brian Boyle explained, �The military has an interest in holding people who pose a risk.�

�We're not detaining these people just because there's some enjoyment in it.�

Addressing the hotly debated and