Gets them out of U.S. hands before Congress and the courts step in
because of the scandals arising from violent and abusive interrogation
techniques.  With such interventions looming, every prisoner sent to
another nation is one less who can be called to testify in legal
proceedings.  That could be important for some U.S. officials and
personnel from the military and CIA.

David Bier

http://www.washingtonpost.com/wp-dyn/content/article/2005/08/04/AR2005080402125_pf.html

washingtonpost.com

Afghanistan Agrees To Accept Detainees

U.S. Negotiating Guantanamo Transfers

By Josh White and Robin Wright
Washington Post Staff Writers
Friday, August 5, 2005; A01

The Bush administration is negotiating the transfer of nearly 70
percent of the detainees at the U.S. detention facility in Guantanamo
Bay, Cuba, to three countries as part of a plan, officials said, to
share the burden of keeping suspected terrorists behind bars.

U.S. officials announced yesterday that they have reached an agreement
with the government of Afghanistan to transfer most of its nationals
to Kabul's "exclusive" control and custody. There are 110 Afghan
detainees at Guantanamo and 350 more at the Bagram airfield near
Kabul. Their transfers could begin in the next six months.

Pierre-Richard Prosper, ambassador at large for war crimes, who led a
U.S. delegation to the Middle East this week, said similar agreements
are being pursued with Saudi Arabia and Yemen, whose nationals make up
a significant percentage of the Guantanamo population. Prosper held
talks in Saudi Arabia on Sunday and Monday, but negotiations were cut
off after the announcement of King Fahd's death.

The decision to move more than 20 percent of the detainees at
Guantanamo to Afghanistan and to largely clear out the detention
center at Bagram is part of a broader plan to significantly reduce the
population of "enemy combatants" in U.S. custody. Senior U.S.
officials said yesterday's agreement is the first major step toward
whittling down the Guantanamo population to a core group of people the
United States expects to hold indefinitely.

"This is not an effort to shut down Guantanamo. Rather, the
arrangement we have reached with the government of Afghanistan is the
latest step in what has long been our policy -- that we need to keep
dangerous enemy combatants off the battlefield," Matthew Waxman,
deputy assistant secretary of defense for detainee affairs, said
shortly after leaving Kabul with Prosper. "We, the U.S., don't want to
be the world's jailer. We think a more prudent course is to shift that
burden onto our coalition partners."

The negotiations come amid intense international and domestic pressure
on U.S. detention operations, with allegations of mistreatment and
abuse as well as concern that detainees have been held for years
without being prosecuted for their alleged crimes. Legal problems have
also plagued the prosecutorial process at Guantanamo, which has been
blocked for months as detainees' attorneys present challenges in U.S.
federal courts.

"The Guantanamo issue is clearly a liability for the Bush
administration, and emptying it has become a priority," said John
Sifton, a specialist on Afghanistan and detainee issues at Human
Rights Watch, an international monitoring group. "It's not a victory
for human rights if a whole set of people deprived of their liberty
are then moved to another place and continued to be deprived of their
liberty unlawfully."

The agreement with Afghanistan is the largest of its kind so far.
Prosper said yesterday that the U.S. government is working to send 129
Saudis and 107 Yemenis from Guantanamo to the custody of their home
countries. If the U.S. government is able to arrange the transfer of
detainees who came from all three countries, the population at the
U.S. facility will drop by 68 percent, from 510 to 164.

Because the United States could hold on to those detainees who are
considered by officials to pose the greatest terrorist threat, the
numbers could change slightly. Negotiations depend on the cooperation
of the other nations.

"We're now engaging the countries with the largest populations, so we
expect to see the largest potential movement from Guantanamo," Prosper
said in an interview from Dubai. "So if we can reach an understanding
with these countries that will allow us to return them with the
greatest assurances, then this will be the biggest movement yet out of
Guantanamo."

Prosper and Waxman said that before such transfers can occur, the
detainees' home countries must commit to taking steps that will
prevent enemy combatants from re-engaging in hostile activity, and
commit to treating the detainees humanely.

A major obstacle to the transfer of detainees to Afghanistan is
infrastructure. U.S. officials have agreed to help Afghanistan build
an appropriate prison and to train its guards.

One possible interim solution under consideration is that Afghan
detainees at Guantanamo could be transferred to Bagram until permanent
facilities are built. Prosper said such facilities could allow a
gradual transfer over the next six months.

The United States considers all the remaining detainees to be medium-
or high-risk and therefore not eligible for release once handed over,
as has happened with about 70 detainees released earlier to about a
dozen countries.

Over the past year, U.S. military authorities have released several
dozen Afghans that have been determined as not posing a threat. But
President Hamid Karzai has repeatedly called on the United States to
hand over all Afghan citizens. He raised the issue during a meeting
with President Bush in May.

"I don't expect it will be too long before the actual transfer of
detainees will start. It should be a matter of months to build the
facilities," said Karim Rahimi, a spokesman for Karzai.

Senior military officials and members of Congress have said in recent
days that the goal is to reduce the population at Guantanamo to a
point at which the detainees who are the highest security risks can be
held at the modern prison buildings there, while the rest of the
facility could be "mothballed" for possible future use. Guantanamo's
Camp V and the future Camp VI are modeled after U.S. domestic prisons.

In a military fact sheet about "the future" of Guantanamo, developed
in early July, defense officials indicated that the operational
priority of the facility is to shift from intelligence gathering to
long-term detention.

The document noted that "the significant majority of detainees are no
longer regularly interrogated" and that officials expect the
population to decrease.

"The way that we've looked at it is that in waging the war against al
Qaeda and the Taliban, we will continue to capture enemy fighters and
need to prevent them from returning to the battlefield," Waxman said.
"But it need not be the U.S. who detains them for the long term."

Correspondent N.C. Aizenman in Kabul and researcher Julie Tate in
Washington contributed to this report.




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