Unit 6

Guantanamo Bay

Don't Close Guantanamo | The New York Times 
Current Conditions at Guantanamo Bay | Amnesty International
Despair at Guantanamo | The New York Times
A Brief History of Gitmo | TIME Magazine

Located on the southeastern tip of Cuba, Guantanamo Bay has been a US military base since 1903. Since early 2002, however, the space has been used as a military detention facility for those suspected of terrorist activity. Hundreds of people have been held at the prison, known as Gitmo, and have been considered ineligible for the regular legal processes of United States’ prisoners. They are also considered ineligible for the protections of the Geneva Convention as they are labeled members of “foreign terrorist groups” and not members of a standing foreign army. Major controversy over the legality of the prison began to arise in 2006 when President Bush approved the Military Commissions Act, which allowed the use of military tribunals instead of regular federal courts to try the inmates as well as permitting certain forms of physical coercion in interrogations. Human rights groups such as Amnesty International and the United Nations have argued that this allows Guantanamo Bay to become a torture camp.

What is it like at Guantanamo Bay? A report released on February 23rd, 2009, by the Center for Constitutional Rights highlighted some of the indecencies that go on at the prison. First, there is the solitary confinement aspect, which keeps prisoners from seeing sunlight or engaging in basic human interaction. Long-term solitary confinement can lead to severe mental issues such as hallucinations and extreme anxiety. Additionally, lights are kept on 24 hours a day in the prison, making it very difficult for prisoners to sleep. Several physical attacks have been reported at the prison when guards brutally attack the prisoners. Many of the detainees are afraid to leave their cells, even to see their lawyers, due to these attacks. This fear also prevents many of the prisoners from leaving their cells to pray communally as prescribed by Islam. To further add to the psychological abuse, prisoners are kept separated from their family members and only allowed one phone call a year. It’s difficult to imagine living like that every day, never knowing when you will be able to leave or even get a trial.

United States President Barack Obama promised to close Guantanamo Bay during his 2008 campaign, however, Congress has not always cooperated and to this day the prison remains open and operating.

Despite all of this, many still do not feel that Guantanamo Bay’s prison should close. A major argument is that these men are still dangerous threats to the welfare of the United States, and releasing them could lead to serious consequences.

Perhaps the most viable argument against the closure of Guantanamo Bay comes from Jennifer Daskal, who served as counsel to the assistant attorney general for national security at the Department of Justice. Daskal argues that if closed, Guantanamo’s prisoners would not see an improvement in their quality of life. They would not simply be released back to their homes like many think, instead they would simply be transferred to other prisons within the United States where they would remain imprisoned. Additionally, it would set a disturbing precedent of detaining terrorism suspects without charge on US soil, a system that could easily be exploited by future presidents. Instead, Daskal feels that our war against al-Qaeda is on the close, and the best solution is to wait it out until there is no longer a reason to hold these prisoners.

Personally, I feel that Guantanamo needs to close. It is a stain on basic American principles of freedom and justice to hold people in prison without a trial. Additionally, the conditions within the prison are appalling. No human being, no matter what organizations they may be associated with, deserves to live like that. A nation that prides itself on being a land of the free should not permit these human rights violations under its watch. The best solution, in my opinion, is to bring these men to fair trials. If our government can’t prove why we need to keep these men behind bars, then we shouldn’t be allowed to keep them imprisoned. Additionally, prison conditions need to continue to be improved. The United States should not admit any other prisoners into Guantanamo Bay and continue to phase out the remaining prisoners.