Center for International Policy

As printed in
The South Florida Sun-Sentinel
October 9, 2007

Close Guantanamo Bay prison, in interest of justice

By Jennifer Schuett

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It was not long ago that the issue of closing the prison at Guantanamo Bay was a hot topic. Secretary of Defense Robert Gates and Colin Powell called for the closing of the prison. Even President Bush supported the idea, and rightfully so.

Since its conception, the prison has defied international law and sidestepped justice. But neither the president nor Congress have done anything effective about the problem. In fact, instead of moving to close the prison, prisoners continue to be transferred in and approximately 340 remain confined at Guantanamo.

With election campaigns and visiting Iranians, it has been easy to put the issue on the back burner. Yet it warrants just as much, if not more, attention today as the United States continues to roll back justice. Though not many are vocalizing it these days, the prison at Guantanamo must be closed.

In June, those in support of closing the prison saw a surprising victory, as military judges rejected two detainees' cases. The classification as unlawful held great importance - enough to prevent yet another flawed military commission like that of Australian David Hicks, where gag orders were exchanged for a five-year sentence, evidence of the flaws inherent in the military commission process.

The transfer of Hicks in May was the just the beginning. Shortly after the Supreme Court announced it would consider hearing detainees' cases, legislation was proposed to close the prison, hearings were held in Congress and U.S. Lt. Col. Stephen Abraham publicly criticized the process. In short, the issue of closing the prison at Guantanamo was gaining momentum.

But now, the momentum has not only slowed, it is moving backward. The Senate rejected proposals to allow detainees to be heard in U.S. courts, another detainee was transferred into the prison and most recently, a U.S. military appeals court reinstated charges against the now-21-year-old Omar Khadr.

This backward direction of the U.S. government must be changed. If the detainees are genuine terrorists, they should be tried and held in secure locations in compliance with U.S. law and international agreements. If the detainees are to be released without trial (as has been the case with the overwhelming majority) this should be done soon.

In short, steps should be taken to close the prison at Guantanamo and the rolling back of justice must be stopped.