http://www.ft.com/cms/s/00a5fe3e-a8e6-11dc-ad9e-0000779fd2ac,dwp_uuid=5aedc8
04-2f7b-11da-8b51-00000e2511c8,print=yes.html
 

Hopes dim for closure of Guantánamo


By Demetri Sevastopulo in Washington 

 

The prospects of closing Guantánamo Bay before the end of the Bush
administration are dimming as the Pentagon struggles to find a solution on
shutting the controversial prison, according to former and current
­officials.

Robert Gates, the defence secretary, told Congress in September that his
push to close Guantánamo had run into “obstacles” from administration
lawyers. But he assured senators the Pentagon was drafting a proposal that
he hoped the administration would approve and then send to Capitol Hill.

But three months on, the lawyers have made little headway. In addition to
facing complex legal issues involved in closing the prison and transferring
detainees to the US, they are running into opposition from other parts of
the administration, including Dick Cheney, the vice-president. 

Asked by the Financial Times whether the Pentagon was making progress, Mr
Gates replied that the process was moving, but “slowly”. 

One former senior official said the push to close Guantánamo had lost the
intensity needed to have a realistic chance of closing the prison during the
Bush administration. One problem was that officials across government
agencies who want to reform the legal processing of detainees captured in
the “war on terror” could not even agree on whether closing Guantánamo was
the solution. 

Some argue that simply improving the legal procedures at Guantánamo used to
determine whether a detainee is an “enemy combatant”, for example, by
including more independent judicial oversight, would suffice. But others say
that only closing Guantánamo will repair the damage it has done to the US
image.

The Pentagon has cut the Guantánamo population to about 300 detainees. It
plans to bring about 80 detainees before military commissions, although that
process has been fraught with legal obstacles and procedural delays. It
wants to release another 70 but is having trouble getting other countries,
including European countries who frequently call for the closure of the
prison, to accept them. 

Most administration lawyers agree that closing Guantánamo would require some
kind of administrative detention system to permit the indefinite detention
of the roughly 150 prisoners who will not face military tribunals but are
considered too dangerous for release. 

But Mr Cheney opposes bringing detainees to the US under such a system,
because they would receive greater legal rights. Some officials also argue
that closing Guan­t­ánamo would be redundant at this point since the US will
come under criticism regardless of where it holds detainees. 

Officials also disagree over strategy in dealing with the Supreme Court,
which last week heard two cases testing whether foreigners at Guantánamo
have the right to challenge their detention, a right that Congress last year
explicitly stripped from the detainees.

Some officials advocate holding off on any proposal until the court rules.
Others argue that a serious proposal with congressional backing would reduce
the possibility of a ruling against the administration. 

 



[Non-text portions of this message have been removed]



--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/osint/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[EMAIL PROTECTED] 
    mailto:[EMAIL PROTECTED]

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 

Reply via email to