Guantanamo Bay detention camp

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Detainees upon arrival at Camp X-Ray, January 2002

Camp X-Ray, 2002

Camp Delta at Guantanamo Bay, 2005.

The Guantanamo Bay Detention Camp is a United States military prison located within Guantanamo Bay Naval Base,^[1] also referred to as Guantánamo, G-bay or GTMO (pronounced 'gitmo'), which fronts on Guantánamo Bay in Cuba. At the time of its establishment in January 2002, Secretary of Defense Donald H. Rumsfeld said the prison camp was established to detain extraordinarily dangerous persons, to interrogate detainees in an optimal setting, and to prosecute detainees for war crimes.^[2]

780 people captured in the War on Terror, 220 of them from Afghanistan and smaller numbers later from Iraq, the Horn of Africa and South Asia were transported to the prison. The facility is operated by the Joint Task Force Guantanamo (JTF-GTMO) of the United States government in Guantanamo Bay Naval Base.^[3] Detainment areas consisted of Camp Delta (including Camp Echo), Camp Iguana, and Camp X-Ray (which is now closed).^[4]

After Bush political appointees at the U.S. Office of Legal Counsel, Department of Justice advised the Bush administration
that the Guantanamo Bay detention camp could be considered outside U.S.
legal jurisdiction, military guards took the first twenty detainees to Guantanamo on 11 January 2002. The Bush administration asserted that detainees were not entitled to any of the protections of the Geneva Conventions. Ensuing U.S. Supreme Court decisions since 2004 have determined otherwise and that the courts have jurisdiction: it ruled in Hamdan v. Rumsfeld on 29 June 2006, that detainees were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions.^[5] Following this, on 7 July 2006, the Department of Defense issued an internal memo stating that detainees would, in the future, be entitled to protection under Common Article 3.^[6]^[7]^[8]

Current and former detainees have reported abuse and torture, which
the Bush administration denied. In a 2005 Amnesty International report,
the facility was called the "Gulag of our times."^[9] In 2006, the United Nations called unsuccessfully for the Guantanamo Bay detention camp to be closed.^[10] In January 2009, Susan J. Crawford, appointed by Bush to review DoD
practices used at Guantanamo Bay and oversee the military trials,
became the first Bush administration official to concede that torture
occurred at Guantanamo Bay on one detainee.^[11]

On 22 January 2009, President Barack Obama issued a request to suspend proceedings at Guantanamo military commission for 120 days and to shut down the detention facility that year.^[12]^[13] On 29 January 2009, a military judge at Guantanamo rejected the White House request in the case of Abd al-Rahim al-Nashiri,
creating an unexpected challenge for the administration as it reviewed
how the United States brings Guantanamo detainees to trial.^[14] On 20 May 2009, the United States Senate
passed an amendment to the Supplemental Appropriations Act of 2009
(H.R. 2346) by a 90–6 vote to block funds needed for the transfer or
release of prisoners held at the Guantanamo Bay detention camp.^[15] President Obama issued a Presidential memorandum dated 15 December 2009, ordering Thomson Correctional Center, Thomson, Illinois to be prepared to accept transferred Guantanamo prisoners.^[16]

The Final Report of the Guantanamo Review Task Force, dated 22
January 2010, published the results for the 240 detainees subject to
the Review: 36 were the subject of active cases or investigations; 30
detainees from Yemen were designated for "conditional detention" due to
the poor security environment in Yemen; 126 detainees were approved for
transfer; 48 detainees were determined "too dangerous to transfer but
not feasible for prosecution".^[17]

On 7 January 2011, President Obama signed the 2011 Defense Authorization Bill,
which, in part, placed restrictions on the transfer of Guantanamo
prisoners to the mainland or to foreign countries, thus impeding the
closure of the facility.^[18] In February 2011, U.S. Secretary of Defense Robert Gates said that Guantanamo Bay was unlikely to be closed, due to opposition in the Congress.^[19] Congress particularly opposed moving prisoners to facilities in the United States for detention or trial.^[19] In April 2011, Wikileaks began publishing 779 secret files relating to prisoners in the Guantanamo Bay detention camp.^[20] As of June 2015, 116 detainees remain at Guantanamo.^[21]

Facilities

A Camp Delta recreation and exercise area in Guantánamo Bay, Cuba. The detention block is shown with sunshades drawn on 3 December 2002

Camp Delta is a 612-unit detention center finished in April 2002. It includes detention camps 1 through 6, as well as Camp Echo, where pre-commissions are held.^[22]

Camp X-Ray was a temporary detention facility, which was closed in April 2002. Its prisoners were transferred to Camp Delta.

In 2008, the Associated Press reported Camp 7,
a separate facility on the naval base that is considered the highest
security jail on the base, and its location is classified.^[23] It is used to house high-security detainees formerly held by the CIA.

In January 2010, Scott Horton published an article in Harper's Magazine describing "Camp No", a black site
about a mile outside the main camp perimeter, which included an
interrogation center. His description was based on accounts by four
guards who had served at Guantanamo. They said prisoners were taken one
at a time to the camp, where they were believed to be interrogated. He
believes that the three detainees that DOD announced as having committed
suicide were questioned under torture the night of their deaths.

From 2003 to 2006, the CIA operated a small site, known informally as
"Penny Lane," to house prisoners whom the agency attempted to recruit
as spies against Al-Qaeda.
The housing at Penny Lane was luxurious by the standards of Guantanamo
Bay, with private kitchens, showers, televisions, and beds with
mattresses. The camp was divided into eight units. Its existence was
revealed to the Associated Press in 2013.^[24]

Detainees

Main article: List of Guantanamo Bay detainees

Muhammad Ismail Agha one of the 17 to 22 detainees under the age of 18.

Since January 2002, 779 men have been brought to Guantanamo.^[25]^[26] Nearly 200 were released by mid-2004, before there had been any CSRTs (Combatant Status Review Tribunal) to review whether individuals were rightfully held as enemy combatants.^[27]

Although the Bush administration said most of the men had been
captured in fighting in Afghanistan, a 2006 report prepared by the Center for Policy and Research, Seton Hall University Law School
reviewed DOD data for the remaining 517 men in 2005 and "established
that over 80% of the prisoners were captured not by Americans on the
battlefield but by Pakistanis and Afghans, often in exchange for bounty payments."^[28] The U.S. offered $5,000 per prisoner and distributed leaflets widely in the region. A perfect example would be Adel Noori, a Chinese Uighur and dissident who had been sold to the US by Pakistani bounty hunters.^[29]

Top Department of Defense officials often referred to these prisoners
as the "worst of the worst," but a 2003 memo by then Secretary of
Defense Donald Rumsfeld
said, "We need to stop populating Guantanamo Bay (GTMO) with low-level
enemy combatants...GTMO needs to serve as an [redacted] not a prison for
Afghanistan."^[30] The Center for Policy and Research's
2006 report based on DOD released data, found that most detainees were
low-level people who were not affiliated with organizations on U.S.
terrorist lists.

Eight men have died in the prison camp; DOD has said that six were suicides. DOD reported three men, two Saudis and a Yemeni, had committed suicide on 10 June 2006. Government accounts, including an NCIS report released with redactions
in August 2008, have been questioned by the press, the detainees'
families, the Saudi government, former detainees, and human rights
groups.^{[citation needed]}

Adnan Farhan Abd Al Latif one of the eight detainees who died in the prison camp.

An estimated 17 to 22 minors under the age of 18 were detained at Guantánamo Bay, and it has been claimed that this is in violation of international law.^[31]

In July 2005, 242 detainees were moved out of Guantanamo, including
173 who were released without charge. 69 prisoners were transferred to
the custody of governments of other countries, according to the U.S. Department of Defense.^[32]

The Center for Constitutional Rights has prepared biographies of some of the prisoners currently being held in Guantanamo Prison.^[33]

By May 2011, 600 detainees had been released.^[27]
Most of the men have been released without charges or transferred to
facilities in their home countries. According to former U.S. president Jimmy Carter, about half have been cleared for release, yet have little prospect of ever obtaining their freedom.^[34]

As of June 2013, 46 detainees (in addition to 2 who were deceased)
were designated to be detained indefinitely, because the government said
the prisoners were too dangerous to transfer and there was insufficient
admissible evidence to try them.^[35]

High-value prisoners

In September 2006, President Bush announced that fourteen "high-value detainees" were to be transferred to military custody of the Guantánamo Bay detention camp from civilian custody by the CIA. He admitted that these suspects had been held in CIA secret prisons overseas, known as black sites. These people include Khalid Sheik Mohammed, believed to be the No. 3 Al-Qaeda leader before he was captured in Pakistan in 2003; Ramzi Bin Al-Shibh, an alleged would-be 11 September 2001 hijacker; and Abu Zubaydah, who was believed to be a link between Osama Bin Laden and many Al-Qaeda cells before he was captured in Pakistan, in March 2002.^[36] Zubaydah has since been found to be a low level participant, of little value.

None of the 14 top figures transferred to Guantánamo from CIA custody had been charged with any war crime.^[37]
In 2011, human rights groups and journalists found that some of these
prisoners had been taken to other locations, including in Europe, and
interrogated under torture in the U.S. extraordinary rendition program before arriving at Guantanamo.^[38]^[39]

On 11 February 2008, The U.S. Military charged Khalid Sheikh Mohammed, Ramzi Bin Al-Shibh, Mustafa Ahmad Al-Hawsawi, Ali Abd Al-Aziz Ali and Walid Bin Attash of committing the September 11 attacks under the military commission system, as established under the Military Commissions Act of 2006.^[40] In Boumediene v. Bush (2008), the U.S. Supreme Court ruled that the MCA was unconstitutional.

On 5 February 2009, charges against Abd Al-Rahim Al-Nashiri were dropped without prejudice after an order by Obama to suspend trials for 120 days.^[41] Abd Al-Rahim Al-Nashiri was accused of renting a small boat connected with the USS Cole bombing. He is one of the detainees known to have been interrogated with waterboarding prior to his transfer to Guantanamo.^{[citation needed]}

Post-Bush statements

In 2010, Colonel Lawrence Wilkerson, a former aide to Secretary of State Colin Powell, stated in an affidavit that top U.S. officials, including President George W. Bush, Vice President Dick Cheney, and Secretary of Defense Donald Rumsfeld,
had known that the majority of the detainees initially sent to
Guantánamo were innocent, but that the detainees had been kept there for
reasons of political expedience.^[42]^[43] Wilkerson's statement was submitted in connection with a lawsuit filed in federal district court by former detainee Adel Hassan Hamad against the United States government and several individual officials.^[44]
This supports numerous claims made by former detainees like Moazzam
Begg, a British citizen who had been held for three years in detention
camps in Afghanistan and Guantanamo.^[45]

Conditions

Guantanamo detainees pray in the recreation area.

A 2013 Institute on Medicine as a Profession
report concluded that health professionals working with the military
and intelligence services "designed and participated in cruel, inhumane
and degrading treatment and torture of detainees". Medical professionals
were ordered to ignore ethical standards during involvement in abusive
interrogation, including monitoring of vital signs under stress-inducing
procedures. They used medical information for interrogation purposes
and participated in force-feeding of hunger strikers, in violation of World Medical Association and American Medical Association prohibitions.^[46]^[47]^[48]^[49]^[50]

Supporters of controversial techniques have declared that certain protections of the Third Geneva Convention do not apply to Al-Qaeda or Taliban fighters, claiming that the Convention only applies to military personnel and guerrillas who are part of a chain of command, wear distinctive insignia, bear arms openly, and abide by the rules of war. Jim Phillips of The Heritage Foundation has said that "some of these terrorists who are not recognized as soldiers don't deserve to be treated as soldiers."^[51] Critics of U.S. policy, such as George Monbiot,
claimed the government had violated the Conventions in attempting to
create a distinction between "prisoners of war" and "illegal
combatants."^[52]^[53] Amnesty International has called the situation "a human rights scandal" in a series of reports.^[54]

One of the allegations of abuse at the camp is the abuse of the religion of the detainees.^[55]^[56]^[57]^[58]^[59]^[60]
The U.S. government has claimed that they respect all religious and
cultural sensitivities. Prisoners released from the camp have alleged
incidents of abuse of religion including flushing the Quran down the toilet,
defacing the Quran, writing comments and remarks on the Quran, tearing
pages out of the Quran and denying detainees a copy of the Quran. One of
the justifications offered for the continued detention of Mesut Sen, during his Administrative Review Board hearing, was:^[61]

"Emerging as a leader, the detainee has been leading the detainees around him in prayer. The detainees listen to him speak and follow his actions during prayer."

Red Cross inspectors and released detainees have alleged acts of torture,^[62]^[63] including sleep deprivation, beatings and locking in confined and cold cells.

The use of Guantánamo Bay as a military prison has drawn criticism
from human rights organizations and others, who cite reports that
detainees have been tortured^[64]
or otherwise poorly treated. Supporters of the detention argue that
trial review of detentions has never been afforded to prisoners of war,
and that it is reasonable for enemy combatants to be detained until the
cessation of hostilities.

Detainee complaints

Prisoners play soccer (undated photo taken and published by the U.S military)

Play media

Interview with Ruhal Ahmed by Laura Poitras in 2010

Three British Muslim prisoners, known in the media at the time as the "Tipton Three",
were repatriated to the United Kingdom in March 2004, where officials
immediately released them without charge. The three have alleged ongoing
torture, sexual degradation, forced drugging and religious persecution being committed by U.S. forces at Guantánamo Bay.^[65]^[66] The former Guantanamo detainee Mehdi Ghezali was freed without charge on 9 July 2004, after two and a half years internment. Ghezali has claimed that he was the victim of repeated torture. Omar Deghayes alleges he was blinded by pepper spray during his detention.^[67] Juma Al Dossary claims he was interrogated hundreds of times, beaten, tortured with broken glass, barbed wire, burning cigarettes, and sexual assaults.^[68] David Hicks also made allegations of torture^[69]^[70]^[71] and mistreatment in Guantánamo Bay, including sensory deprivation, stress positions,^[72] having his head slammed into concrete, repeated anal penetration, routine sleep deprivation^[70] and forced drug injections.^[73]^[74]^[75]^[76]

An Associated Press report claims that some detainees were turned over to the U.S. by Afghan tribesmen in return for cash bounties.^[77] The first Denbeaux study, published by Seton Hall University Law School,
reproduces copies of several leaflets, flyers and posters the U.S.
government distributed to advertise the bounty program; some of which
offered bounties of "millions of dollars."^[78]

Hunger-striking detainees claimed that guards were force feeding them
in the fall of 2005: "Detainees said large feeding tubes were forcibly
shoved up their noses and down into their stomachs, with guards using
the same tubes from one patient to another. The detainees say no
sedatives were provided during these procedures, which they allege took
place in front of U.S. physicians, including the head of the prison
hospital."^[79]^[80]
"A hunger striking detainee at Guantánamo Bay wants a judge to order
the removal of his feeding tube so he can be allowed to die, one of his
lawyers has said."^[81]
Within a few weeks, the Department of Defense "extended an invitation
to United Nations Special Rapporteurs to visit detention facilities at
Guantanamo Bay Naval Station."^[82]^[83]
This was rejected by the U.N. because of the DOD restrictions: "that
[the] three human rights officials invited to Guantánamo Bay wouldn't be
allowed to conduct private interviews" with prisoners.^[84] Simultaneously, the media reports began related to the question of prisoner treatment.^[85]^[86]^[87] "District Court Judge Gladys Kessler also ordered the U.S. government to give medical records going back a week before such feedings take place."^[88]
In early November 2005, the U.S. suddenly accelerated, for unknown
reasons, the rate of prisoner release, but this was not sustained.^[89]^[90]^[91]^[92]

In 2005, it was reported that sexual methods were allegedly used by female interrogators to break Muslim prisoners.^[93]
In a leaked 2007 cable, a State Department official requested an
interview of a released Libyan national complaining of an arm disability
and tooth loss that happened during his detainment and interrogations.^[94]

In May 2013, detainees undertook a widespread hunger strike. They are
being force fed. During the month of Ramadan that year, the US military
claimed that the amount of detainees on hunger strike had dropped from
106 to 81. However, according to defense attorney Clive Stafford Smith,
"The military are cheating on the numbers as usual. Some detainees are
taking a token amount of food as part of the traditional breaking of the
fast at the end of each day in Ramadan, so that is now conveniently
allowing them to be counted as not striking."^[95]
In 2014, the Obama administration undertook a "rebranding effort" by
referring to the hunger strikes as "long term non-religious fasting."^[96]

Suicides and suicide attempts

Main article: Guantanamo Bay detention camp suicide attempts

By May 2011 there had been at least six suicides in Guantánamo that have been reported.^[27]^[97]

During August 2003, there were 23 suicide attempts. The U.S.
officials did not say why they had not previously reported the incident.^[98]
After this event, the Pentagon reclassified suicides as "manipulative
self-injurious behaviors"; camp physicians alleged that detainees do not
genuinely wish to end their lives.^[99]^[100]
Guantanamo Bay officials have reported 41 unsuccessful suicide attempts
by 25 detainees since the U.S. began taking prisoners to the base in
January 2002.^[101] Defense lawyers contend the number of suicide attempts is higher.^[101]

Reported suicides of June 2006

Main article: Guantanamo Bay homicide accusations

On 10 June 2006 three detainees were found dead, who, according to the Pentagon, "killed themselves in an apparent suicide pact."^[102] Prison commander Rear Admiral Harry Harris claimed this was not an act of desperation, despite prisoners' pleas to the contrary, but rather "an act of asymmetric warfare committed against us."^[101]^[103]^[104] At the time, human rights groups called for an independent public inquiry into the deaths.^[105] Amnesty International
said the apparent suicides "are the tragic results of years of
arbitrary and indefinite detention" and called the prison "an
indictment" of the George W. Bush administration's human rights record.^[101]
Saudi Arabia's state-sponsored Saudi Human Rights group blamed the U.S.
for the deaths. "There are no independent monitors at the detention
camp so it is easy to pin the crime on the prisoners... it's possible
they were tortured," said Mufleh al-Qahtani, the group's deputy
director, in a statement to the local Al-Riyadh newspaper.^[101]

Main article: Saudi detainees at Guantanamo Bay

Highly disturbed about the deaths of its citizens under U.S. custody,
the Saudi government pressed the United States to release its citizens
into its custody. From June 2006 through 2007, the U.S. released 93
detainees (of an original 133 Saudis detained) to the Saudi Arabian
government. The Saudi government developed a re-integration program
including religious education, helping arrange marriages and jobs, to
bring detainees back to society.^[106]

Main article: Guantanamo Bay homicide accusations

The Center for Policy and Research published Death in Camp Delta
(2009), its analysis of the NCIS report, noting many inconsistencies in
the government account and said the conclusion of suicide by hanging in
their cells was not supported.^[107]^[108]
It suggested that camp administration officials had either been grossly
negligent or were participating in a cover-up of the deaths.^[28]

In January 2010 Scott Horton published an article in Harper's Magazine
disputing the government's findings and suggesting the three died of
accidental manslaughter following torture. His account was based on the
testimony of four members of the Military Intelligence unit assigned to
guard Camp Delta, including a decorated non-commissioned Army officer
who was on duty as sergeant of the guard the night of 9–10 June 2006.
Their account contradicts the report published by the Naval Criminal Investigative Service (NCIS). Horton said the deaths had occurred at a black site, known as "Camp No", outside the perimeter of the camp.^[109]^[110]^[111]^[112]^[113]
According to its spokeswoman Laura Sweeney, the Department of Justice
has disputed certain facts contained in the article about the soldiers'
account.^[105]

Torture

Operating procedures

Detainees are shown to their new living quarters (image taken and released by the U.S. military)

A manual called "Camp Delta Standard Operating Procedure" (SOP), dated 28 February 2003, and designated "Unclassified//For Official Use Only", was published on Wikileaks.
This is the main document for the operation of Guantánamo Bay,
including the securing and treatment of detainees. The 238-page document
includes procedures for identity cards and 'Muslim burial'. It is signed by Major General Geoffrey D. Miller. The document is the subject of an ongoing legal action by the American Civil Liberties Union (ACLU), which has been trying to obtain it from the Department of Defense.^[131]^[132]

On 2 July 2008 the New York Times
revealed that the U.S. military trainers who came to Guantánamo Bay in
December 2002 had based an entire interrogation class on a chart copied
directly from a 1957 Air Force study of "Chinese Communist" interrogation methodology (commonly referred to as 'brainwashing') that the United States alleged were used during the Korean War
to obtain confessions. The chart showed the effects of "coercive
management techniques" for possible use on prisoners, including "sleep deprivation", "prolonged constraint" (also known as "stress positions"),
and "exposure". The chart was copied from a 1957 article (entitled
"Communist Attempts to Elicit False Confessions From Air Force Prisoners
of War") written by Albert D. Biderman, working as a sociologist for
the Air Force.
Mr. Biderman had interviewed American prisoners of war returning from
Korea who had confessed (to the "communists") of having taken part in
biological warfare or to involvement in other atrocities. Mr. Biderman's
article sets out that the most common interrogation method used by the
Chinese was to indirectly subject a prisoner to extended periods of what
would initially be minor discomfort. As an example, prisoners would be
required to stand for extended periods, sometimes in a cold environment.
Prolonged standing and exposure to cold are an accepted technique used
by the American military and the CIA to interrogate prisoners who the
United States classifies as "unlawful combatants" (spies and saboteurs in wartime, "terrorists" in unconventional conflicts) although it is classified as torture under the Geneva Conventions.
The chart reflects an "extreme model" created by Mr. Biderman to help
in "understanding what occurred apart from the extent to which it was
realized in actuality" (It should be noted that Mr. Biderman did not
have a Ph.D. in Sociology
(usually the minimum qualification required to carry out such work) and
the underlying research was not subjected to peer-review). His chart
sets out in summary bullet points the techniques allegedly used by the
Chinese in Korea. The most extreme of which include "Semi-Starvation",
"Exploitation of Wounds", and use of "Filthy, Infested Surroundings" to
make the prisoner "Dependent on Interrogator", to weaken "Mental and
Physical Ability to Resist", and to reduce the "Prisoner to 'Animal
Level'". Mr. Biderman himself admits that he was working from a very
small sample of American prisoners who claimed to have been mistreated,
and of the handful who had reported prolonged mistreatment none had
become the "ideal confessor" (the ultimate aim of the model).^[133]

It should be understood that only a few of the Air Force personnel
who encountered efforts to elicit false confessions in Korea were
subjected to really full dress, all-out attempts to make them behave in
the manner I have sketched. The time between capture and repatriation
for many was too short, and, presumably, the trained interrogators
available to the Communists too few, to permit this. Of the few Air
Force prisoners who did get the full treatment, none could be made to
behave in complete accordance with the Chinese Communists' ideal of the
"repentant criminal".^[134]

It is unclear from the article whether the "sketch" of techniques set
out in the chart are supported by evidence from prisoner interviews or
whether it simply presents "communist" methodology in idealized form in
accordance with the conventions of the time. While the chart ostensibly
presents the methodology of the "enemy", it has come to have actual
application at home. In the military, the techniques outlined by the
chart are commonly referred to as "Biderman's Principles" and within the
intelligence community it has come to be known as "Biderman’s Chart of
Coercion". The chart is also often used by anti-cult web sites to
describe how religious cults control their members.^[133]

The article was motivated by the need for the United States to deal
with prominent confessions of war crimes obtained by Chinese
interrogators during the Korean War.
It as alleged at the time that American prisoners of war who had
confessed had been "brainwashed". The allegation was taken seriously by
the American military and it led them to develop a training program to
counter the use of harsh methods used by an enemy interrogator. Almost all U.S. military personnel now receive Survival, Evasion, Resistance and Escape
(SERE) training, where they learn to resist interrogation. Central to
this training program is the theoretical model of the "communist"
interrogation methodology as presented by Mr. Biderman. In 2002, this
training program was adopted as a source of interrogation techniques to
be used in the newly declared "War on Terror".^[133]
When it was adopted for use at the Guantánamo detainment and
interrogation facility the only change that was made to Biderman's Chart
of Coercion was to change the title (originally called "Communist
Coercive Methods for Eliciting Individual Compliance"). The training
document instructing on the use of these "coercive" methods was made
public at a United States Senate Armed Services Committee
hearing (17 June 2008) investigating how such tactics came to be
employed. Colonel Steven Kleinman who was head of a team of SERE
trainers testified before the Senate committee that his team had been
put under pressure to demonstrate the techniques on Iraqi prisoners and
that they had been sent home after Kleinman had put a stop to it after
observing that the techniques were intended to be used as a "form of
punishment for those who wouldn't cooperate".^[135] Senator Carl Levin (chairman of the Senate Armed Services Committee) was quoted after reviewing the evidence as saying:

What makes this document doubly stunning is that these were
techniques to get false confessions. People say we need intelligence,
and we do. But we don't need false intelligence.^[136]^[137]

Government and military inquiries

The US Senate Report on CIA Detention Interrogation Program that details
the use of torture during CIA detention and interrogation.

Senior law enforcement agents with the Criminal Investigation Task Force
told msnbc.com in 2006 that they began to complain inside the Defense
Department in 2002 that the interrogation tactics used by a separate
team of intelligence investigators were unproductive, not likely to
produce reliable information and probably illegal. Unable to get
satisfaction from the Army commanders running the detainee camp, they
took their concerns to David Brant, director of the Naval Criminal Investigative Service (NCIS), who alerted Navy General Counsel Alberto J. Mora.^[138]

General Counsel Mora and Navy Judge Advocate General Michael Lohr
believed the detainee treatment to be unlawful and campaigned among
other top lawyers and officials in the Defense Department to
investigate, and to provide clear standards prohibiting coercive
interrogation tactics.^[139]

In response, on 15 January 2003, Donald Rumsfeld
suspended the approved interrogation tactics at Guantánamo until a new
set of guidelines could be produced by a working group headed by General
Counsel of the Air Force Mary Walker. The working group based its new guidelines on a legal memo from the Department of Justice Office of Legal Counsel written by John Yoo and signed by Jay S. Bybee, which would later become widely known as the "Torture Memo."^[140]

General Counsel Mora led a faction of the Working Group in arguing
against these standards, and argued the issues with Yoo in person. The
working group's final report, was signed and delivered to Guantánamo
without the knowledge of Mora and the others who had opposed its
content. Nonetheless, Mora has maintained that detainee treatment has
been consistent with the law since 15 January 2003 suspension of
previously approved interrogation tactics.^[140]

On 1 May 2005, The New York Times reported on a high-level
military investigation into accusations of detainee abuse at Guantánamo,
conducted by Lt. Gen. Randall M. Schmidt of the Air Force, and dealing
with:

"accounts by agents for the Federal Bureau of Investigation who
complained after witnessing detainees subjected to several forms of
harsh treatment. The F.B.I. agents wrote in memorandums that were never
meant to be disclosed publicly that they had seen female interrogators
forcibly squeeze male prisoners' genitals, and that they had witnessed
other detainees stripped and shackled low to the floor for many hours."^[141]^[142]

In June 2005, the United States House Committee on Armed Services
visited the camp and described it as a "resort" and complimented the
quality of the food. Democratic members of the committee complained that
Republicans had blocked the testimony of attorneys representing the
prisoners.^[143]
On 12 July 2005, members of a military panel told the committee that
they proposed disciplining prison commander Army Major General Geoffrey
Miller over the interrogation of Mohamed al-Kahtani.
He was forced to wear a bra and dance with another man, and was
threatened with dogs. They said the recommendation was overruled by
General Bantz J. Craddock, commander of U.S. Southern Command, who referred the matter to the Army's inspector general.^{[citation needed]}

The Senate Armed Services Committee Report on Detainee Treatment was declassified and released in 2009. It stated,

"The abuse of detainees in U.S. custody cannot simply be attributed
to the actions of "a few bad apples" acting on their own. The fact is
that senior officials in the United States government solicited
information on how to use aggressive techniques, redefined the law to
create the appearance of their legality, and authorized their use
against detainees. Those efforts damaged our ability to collect accurate
intelligence that could save lives, strengthened the hand of our
enemies, and compromised our moral authority."^[144]

Legal issues

Combatant Status Review Tribunal

Main article: Combatant Status Review Tribunal

In July 2004, following the Hamdi v. Rumsfeld
ruling by the U.S. Supreme Court, which said detainees had the right to
challenge detention before an impartial tribunal, the Bush
administration established Combatant Status Review Tribunals to determine whether individual detainees were "enemy combatants."^[145] On 8 November 2004, a federal court halted the proceeding of Salim Ahmed Hamdan of Yemen. Hamdan was to be the first Guantanamo detainee tried before a military commission. Judge James Robertson of the U.S. District Court for the District of Columbia ruled that the U.S. military had failed first to convene a competent tribunal to determine whether Hamdan was a prisoner of war under the Geneva Conventions—specifically Article 5 of the third Geneva Convention^[146] A three-judge panel overturned Judge Robertson's ruling on 15 July 2005.^[147] The panel's ruling stated that the trial by the military commission could serve alone as the necessary "competent tribunal."

Commenting on the case, Terry Gill and Elies van Sliedregt, European legal experts, wrote in the Utrecht Law Review:

"It appears... that the procedures of the Combatant Status Review
Tribunals do not qualify as status determination under the Third Geneva
Convention.... The fact that no status determination had taken place
according to the Third Geneva Convention was sufficient reason for a
judge from the District Court of Columbia dealing with a habeas
petition, to stay proceedings before a military commission. Judge
Robertson in 'Hamdan v. Rumsfeld' held that the Third Geneva Convention,
which he considered selfexecuting, had not been complied with since a
Combatant Status Review Tribunal could not be considered a "competent
tribunal" pursuant to article 5 of the Third Geneva Convention.^[148]

On 29 June 2006, the Supreme Court of the United States reversed the ruling of the Court of Appeals in Hamdan v. Rumsfeld,
and found that President Bush did not have authority to set up the war
crimes tribunals. They ruled that the commissions were illegal under
both military justice law and the Geneva Convention.^[149]^[150]
The Supreme Court reserved the question that Judge Robertson found
decisive; namely, it did not rule on whether detainees were entitled to
an Article 5 determination.

The Bush administration had contended that the laws and customs of war did not apply to the U.S. armed conflict with Al Qaeda fighters during the 2001 U.S. invasion of Taliban-controlled Afghanistan. In Hamdan v. Rumsfeld
(2006), the U.S. Supreme Court ruled that Article 3 is common to all
the Geneva Conventions applied in such a situation. And, it requires
fair trials for prisoners. Common Article 3 applies in "wars not of an
international character" (i.e., civil wars) in a signatory to the Geneva
Conventions, and in this case, the civil war was in signatory
Afghanistan.

A dispute continued over whether (and how) detainees may be incarcerated and tried. The attorneys David B. Rivkin Jr. and Lee A. Casey suggested that the Supreme Court's Hamdan
ruling affirms that the United States is engaged in a legally
cognizable armed conflict to which the laws of war apply. It may hold
captured al Qaeda and Taliban operatives throughout that conflict,
without granting them a criminal trial, and is also entitled to try them
in the military justice system—including by military commission.^[151] The Supreme Court in Hamdan v. Rumsfeld did not require that members of al Qaeda or their allies, including members of the Taliban, must be granted POW status.^[152] The Supreme Court stated that the Geneva Conventions, most notably the Third Geneva Convention and Article 3 of the Fourth Geneva Convention (requiring humane treatment), applies to all detainees in the War on Terror.

On 31 January 2005, Joyce Hens Green, the federal district judge for the District of Columbia who was coordinating the many habeas corpus cases before the U.S. district court after Hamdi v. Rumsfeld, ruled that the Combatant Status Review Tribunals
(CSRT), held to determine whether prisoners in Guantánamo were "enemy
combatants," were "unconstitutional." She held that the detainees were
entitled to the rights granted by the U.S. Constitution, which included
access to counsel and the right to see evidence used against them.^[153]

The CSRT process was criticized for the following reasons:^[154]^[155]

The CSRT conducted rudimentary proceedings;
CSRT afforded detainees few basic constitutional protections;
Many detainees lacked counsel;
The CSRT informed detainees only of general charges against them,
while the details on which the CSRT based its enemy combatant status
decisions were classified; and
Detainees had no right to present witnesses or to cross-examine government witnesses.

The Combatant Status Reviews were completed in March 2005.
Thirty-eight of the detainees were found not to be enemy combatants. On
29 March 2005, the dossier of Murat Kurnaz was accidentally declassified. Kurnaz was one of the 500-plus detainees whom the reviews had determined was
an enemy combatant. Journalists reported that his dossier contained
more than 100 pages of reports of investigations that had found no ties
to terrorists or terrorism whatsoever. It contained one brief memo that
said Kurnaz had a tie to a suicide bomber. Judge Green said this memo
"fails to provide significant details to support its conclusory
allegations, does not reveal the sources for its information and is
contradicted by other evidence in the record."^[156] Eugene R. Fidell,
a Washington-based expert in military law, said that, based on the
material in Kurnaz' dossier, "It suggests the [CSRT] procedure is a
sham; if a case like that can get through, then the merest scintilla of
evidence against someone would carry the day for the government, even if
there's a mountain of evidence on the other side."^[156]

In November 2005, Amnesty International reported that the detainee, Fawaz Mahdi, was determined by a CSRT to be an enemy combatant although the CSRT (and Fawaz' lawyer) observed that he suffers a form of mental illness, and that the only evidence for determining his status was his own statement.^[157]

The Washington Post included the following cases as among those showing the problems with the CSRT process: Mustafa Ait Idir, Moazzam Begg, Murat Kurnaz, Feroz Abbasi, and Martin Mubanga.^[153]^[156]

Main article: Administrative Review Board

Besides convening Combatant Status Review Tribunals, the Department
of Defense initiated a similar, annual review. Like the CSRT, the Board
did not have a mandate to review whether detainees qualified for POW
status under the Geneva Conventions. The Board's mandate was to consider
the factors for and against the continued detention of detainees, and
make a recommendation either for their retention, release, or transfer
to the custody of their country of origin. The first set of annual
reviews considered the dossiers of 463 detainees. The first board met
between 14 December 2004, and 23 December 2005. The Board recommended
the release of 14 detainees, and repatriation of 120 detainees to the
custody of their country of origin.

Habeas corpus

Other court rulings

As a result of a court challenge by the media, on 23 February 2006, U.S. District Court Judge Jed S. Rakoff for the Southern District of New York
ordered the Defense Department to release uncensored transcripts of
detainee hearings that contained identifying information for detainees
in custody, as well as the names of those who have been held and
released. At that time, the U.S. military had never officially released
the names of any detainees except the ten who have been charged. The
U.S. Defense Department said it would obey the judge's order.^[168]
On 3 March 2006, DOD released the names of 317 of the about 500 alleged
enemy combatants being held in Guantánamo Bay. Pentagon spokesman Bryan
Whitman justified withholding the additional names out of a concern for
the detainees' privacy, although Judge Rakoff had already dismissed this argument.^[169]^[170]^[171]

French judge Jean-Claude Kross 27 September 2006, postponed a verdict
in the trial of six former Guantánamo Bay detainees accused of
attending combat training at an al Qaeda camp in Afghanistan, saying the
court needs more information on French intelligence missions to
Guantánamo. Defense lawyers for the six men, all French nationals,
accuse the French government of colluding with U.S. authorities over
their detentions; they say the government seeks to use inadmissible
evidence, as it was obtained through secret service
interviews with the detainees without their lawyers present. Kross
scheduled new hearings for 2 May 2007, calling the former head of
counterterrorism at the French Direction de la surveillance du territoire intelligence agency [official backgrounder] to testify.^[172]

On 5 December 2007, the U.S. Supreme Court heard oral arguments on the case of Boumediene v. Bush. Plaintiffs in the case argue that Guantánamo detainees deserve the right to habeas corpus and that the U.S. court system, not the military CSRT system, should have jurisdiction in such cases. On 12 June 2008, the Supreme Court ruled in Boumediene v. Bush (2008) that detainees do have the right to challenge their detention in civilian courts, overturning the Military Commissions Act of 2006, which abridged such rights.^[173] It said the act was unconstitutional for trying to restrict use of habeas corpus.

Starting 16 November 2009, as enabled by the Supreme Court ruling in Boumediene, dozens of detainees began to use habeas corpus
petitions in U.S. courts to seek freedom from the Guantánamo Bay
prison. In some cases, they testified by video from the U.S. naval base
in Cuba. Fifteen Federal judges
have found the government's evidence against 30 detainees wanting and
ordered their release. That number was expected to rise as the judges
were scheduled to hear challenges from dozens more prisoners.^[174]^{[dated info]}

In the summer of 2012, the government instituted a new protocol for
civilian attorneys representing Guantanamo prisoners. It required
lawyers to sign a Memorandum of Understanding, in which they agreed to
certain restrictions, in order to continue to see their clients.^[175]
For years, a federal court order has governed lawyers' access to their
detainee clients and classified information related to their capture and
confinement. Government lawyers had sought court approval to replace
the court's protective order with the MOU, to enable military officials
to establish and enforce their own rules about when and how detainees
could have access to legal counsel.^[176]

Under the rules of the MOU, lawyers' access was restricted for those
detainees who no longer have legal challenges pending. The new
government rules tightened access to classified information and gave the
commander of the Guantanamo Bay Joint Task Force
complete discretion over lawyers' access to the detainees, including
visits to the base and letters. The Justice Department took the position
that Guantanamo Bay detainees whose legal challenges have been
dismissed do not need the same level of access to counsel as detainees
who are still fighting in court.^[175]

Six detainees challenged the Memorandum of Understanding (MOU)
requirement, which covers those who no longer have an active or pending
habeas petitions.^[177] On 5 September 2012, Chief U.S. District Judge Royce C. Lamberth
said the government has no right to deny counsel access to detainees.
Writing that the federal government is confusing "the roles of the
jailer and the judiciary," Judge Lamberth struck down the military's
assertion that it could veto meetings between lawyers and detainees.^[175]^[178]
Judge Lamberth ruled that access by lawyers to their detainee-clients
at Guantánamo must continue under the terms of a long-standing
protective order issued by federal judges in Washington.^[176]

The judge said that the MOU would give the government

"final, unreviewable power to delay, hinder, or prevent access to the courts."^[176] He went on, "The government actions thus far demonstrate that it cannot be trusted with such power."^[176]
The MOU, Lamberth noted, strips counsel of their "need to know"
designations, and explicitly denies counsel access to all classified
documents or information which counsel had "previously obtained or
created" in pursuit of a detainee's habeas petition.

Counsel can obtain access to their own classified work product only if they can justify their need for such information.

Lamberth wrote,

"At its heart, this case is about whether the Executive or the Court
is charged with protecting habeas petitioners' right to access their
counsel."^[177]
Further, "It is clear that the government had no legal authority to
unilaterally impose a counsel-access regime, let alone one that would
render detainees' access to counsel illusory," Lamberth declared.^[177]

Lamberth concluded:

If the separation-of-powers means anything, it is that this country
is not one ruled by Executive fiat. Such blanket, unreviewable power
over counsel-access by the Executive does not comport with our
constitutional system of government. Therefore, it is the opinion of
this Court that the Protective Order continues to govern
detainee-counsel access for the purpose of bringing habeas petitions so
long as detainees can bring habeas petitions before the Court.^[179]

Judge Lamberth said the government has the right to run the facility
at Guantanamo, but that the courts have authority to make sure prisoners
have access to the courts, and that cannot happen unless they have
access to their lawyers.^[175]
Justice Department spokesman Dean Boyd said: "We have no comment on
whether the Department plans to appeal the Lamberth decision on counsel
access to GTMO detainees."^[175]

International law

In April 2004, Cuban diplomats tabled a United Nations resolution calling for a UN investigation of Guantánamo Bay.^[180]

In May 2007, Martin Scheinin, a United Nations rapporteur on rights
in countering terrorism, released a preliminary report for the United
Nations Human Rights Council. The report stated the United States
violated international law, particularly the International Covenant on Civil and Political Rights,
that the Bush Administration could not try such prisoners as enemy
combatants in a military tribunal and could not deny them access to the
evidence used against them.^[181] Prisoners have been labeled "illegal" or "unlawful enemy combatants," but several observers such as the Center for Constitutional Rights and Human Rights Watch maintain that the United States has not held the Article 5 tribunals required by the Geneva Conventions.^[182]
The International Committee of the Red Cross has stated that, "Every
person in enemy hands must have some status under international law: he
is either a prisoner of war and, as such, covered by the Third
Convention, a civilian covered by the Fourth Convention, [or] a member
of the medical personnel of the armed forces who is covered by the First
Convention. There is no intermediate status; nobody in enemy hands can
fall outside the law." Thus, if the detainees are not classified as
prisoners of war, this would still grant them the rights of the Fourth
Geneva Convention, as opposed to the more common Third Geneva
Convention, which deals exclusively with prisoners of war. A U.S. court
has rejected this argument, as it applies to detainees from al Qaeda.^[53] Henry T. King, Jr., a prosecutor for the Nuremberg Trials, has argued that the type of tribunals at Guantánamo Bay "violates the Nuremberg principles" and that they are against "the spirit of the Geneva Conventions of 1949."^[183]

Some have argued in favor of a summary execution of all unlawful combatants, using Ex parte Quirin as the precedent, a case during World War II that upheld the use of military tribunals for eight German saboteurs
caught on U.S. soil while wearing civilian clothes. The Germans were
deemed to be unlawful combatants and thus not entitled to POW status.
Six of the eight were executed as spies in the electric chair on the request of the U.S. President Franklin D. Roosevelt.
The validity of this case, as basis for denying prisoners in the War on
Terrorism protection by the Geneva Conventions, has been disputed.^[184]^[185]^[186]

A report by the American Bar Association
commenting on this case, states that the Quirin case "... does not
stand for the proposition that detainees may be held incommunicado and
denied access to counsel." The report notes that the Quirin defendants
could seek review and were represented by counsel.^[187]

A report published in April 2011 in the PLoS Medicine
journal looked at the cases of nine individuals for evidence of torture
and ill treatment and documentation by medical personnel at the base by
reviewing medical records and relevant legal case files (client
affidavits, attorney–client notes and summaries, and legal affidavits of
medical experts). The findings in these nine cases from the base
indicate that medical doctors and mental health personnel assigned to
the DoD neglected and/or concealed medical evidence of intentional harm,
and the detainees complained of "abusive interrogation methods that are
consistent with torture as defined by the UN Convention Against Torture as well as the more restrictive US definition of torture that was operational at the time".^[188]

The group Physicians for Human Rights has claimed that health
professionals were active participants in the development and
implementation of the interrogation sessions, and monitored prisoners to
determine the effectiveness of the methods used, a possible violation
of the Nuremberg Code, which bans human experimentation on prisoners.^[189]

Guantanamo military commission

Main article: Guantanamo military commission

The American Bar Association announced that: "In response to the unprecedented attacks of September 11, on November 13, 2001, the President announced that certain non-citizens
[of the US] would be subject to detention and trial by military
authorities. The order provides that non-citizens whom the government
deems to be, or to have been, members of the al Qaida organization or to
have engaged in, aided or abetted, or conspired to commit acts of
international terrorism that have caused, threaten to cause, or have as
their aim to cause, injury to or adverse effects on the United States or
its citizens, or to have knowingly harbored such individuals, are
subject to detention by military authorities and trial before a military
commission."^[190]

On 28 and 29 September 2006, the U.S. Senate and House of Representatives, respectively, passed the Military Commissions Act of 2006, a controversial bill that allows the President to designate certain people with the status of "unlawful enemy combatants" thus making them subject to military commissions, where they have fewer civil rights than in regular trials.

"Camp Justice"

Tents where visiting lawyers, human rights observers, and reporters were
to stay when watching or participating in the Military Commissions.

In 2007, Camp Justice was the informal name granted to the complex where Guantánamo detainees would face charges before the Guantanamo military commissions, as authorized by the Military Commissions Act of 2006. It was named by Sgt Neil Felver of the 122 Civil Engineering Squadron in a name the camp contest.^[191]^[192]^[193] Initially the complex was to be a permanent facility, costing over $100 million. The United States Congress overruled the Bush Presidency's plans. The camp was redesigned as a portable, temporary facility, costing approximately $10 million.

On 2 January 2008, the Toronto Star reporter Michelle Shephard offered an account of the security precautions that reporters go through before they can attend the hearings:^[194]

Reporters were not allowed to bring in more than one pen;
Female reporters were frisked if they wore underwire bras;
Reporters were not allowed to bring in their traditional coil-ring notepads;
The bus bringing reporters to the hearing room is checked for explosives before it leaves;
200 meters from the hearing room, reporters dismount, pass through
metal detectors, and are sniffed by chemical detectors for signs of
exposure to explosives;
Eight reporters are allowed into the hearing room—the remainder watch over closed circuit television.

On 1 November 2008, David McFadden of the Associated Press
stated the 100 tents erected to hold lawyers, reporters and observers
were practically deserted when he and two other reporters covered the
military commission for Ali Hamza al-Bahlul in late October 2008.^[195]

Three detainees have been convicted by military court of various charges:

David Hicks, an Australian citizen, was found guilty in a plea bargain, of providing material support for terrorism in 2001, according to his military lawyer under retrospective legislation introduced in 2006.^[196]^[197]
On 18 February 2015, David Hicks' appeal against his conviction was
upheld by the United States Military Commission Review and his
conviction was overturned.^[198]
Salim Hamdan was convicted of being Osama Bin Laden's chauffeur.^[199] After his release, he appealed his case. On 16 October 2012, the United States Court of Appeals for the District of Columbia Circuit vacated Hamdan's conviction, on the grounds that the acts he was charged with under the Military Commissions Act of 2006 were not, in fact, crimes at the time he committed them, rendering it an ex post facto prosecution.^[200]
Ali al-Bahlul was convicted of making a video celebrating the attack on the USS Cole (DDG-67).

Release of prisoners

Two hundred detainees were released in 2004 before any Combatant Status Review Tribunals were held, including the Tipton Three, all British citizens.

On 27 July 2004, four French detainees were repatriated and remanded in custody by the French intelligence agency Direction de la Surveillance du Territoire.^[201] The remaining three French detainees were released in March 2005.^[202]

On 4 August 2004, the Tipton Three, ex-detainees who had been
returned to the UK in March of that year (and freed by the British
authorities within 24 hours of their return) filed a report in the US
claiming persistent severe abuse at the camp, of themselves and others.^[203]
They claimed that false confessions were extracted from them under
duress, in conditions that amounted to torture. They alleged that
conditions deteriorated after Major General Geoffrey D. Miller took charge of the camp, including increased periods of solitary confinement
for the detainees. They claimed that the abuse took place with the
knowledge of the intelligence forces. Their claims are currently being
investigated by the British government. At the time, five British residents remained as detainees: Bisher Amin Khalil Al-Rawi, Jamil al Banna, Shaker Abdur-Raheem Aamer, Jamal Abdullah and Omar Deghayes.^[204]

By November 2005, 358 of the then-505 detainees held at Guantanamo Bay had Administrative Review Board hearings.^[205]
Of these, 3% were granted and were awaiting release, 20% were to be
transferred, 37% were to be further detained at Guantanamo, and no
decision had been made in 40% of the cases.

Of two dozen Uyghur detainees at Guantanamo Bay, The Washington Post reported on 25 August 2005, fifteen were found not to be "enemy combatants."^[206]
Although cleared of terrorism, these Uyghurs remained in detention at
Guantanamo because the United States refused to return them to China,
fearing that China would "imprison, persecute or torture them" because
of internal political issues. US officials said that their overtures to
approximately 20 countries to grant the individuals asylum had been
declined, leaving the men with no destination for release.^[206] On 5 May 2006, five Uyghurs were transported to refugee camps in Albania, and the Department of Justice filed an "Emergency Motion to Dismiss as Moot" on the same day.^[207]^[208]
One of the Uyghurs' lawyers characterized the sudden transfer as an
attempt "to avoid having to answer in court for keeping innocent men in
jail."^[209]^[210]

In August 2006, Murat Kurnaz, a German legal resident born in Germany, was released from Guantánamo, with no charges after having been held for five years.^[211]

As of 15 June 2009, Guantánamo held more than 220 detainees.^[212]

The United States was negotiating with Palau to accept a group of
innocent Chinese Uyghur Muslims who have been held at the Guantánamo
Bay.^[213] The Department of Justice announced on 12 June 2009, that Saudi Arabia had accepted three Uyghurs.^[212] The same week, one detainee was released to Iraq, and one to Chad.^[212]

Also that week, four Uyghur detainees were resettled in Bermuda, where they were released.^[212] On 11 June 2009, the US Government negotiated a deal in secret with the Bermudian Premier, Doctor Ewart Brown
to release 4 Uyghur detainees to Bermuda, an overseas territory of the
UK. The detainees were flown into Bermuda under the cover of darkness.
The US purposely kept the information of this transfer secret from the
UK, which handles all foreign affairs and security issues for Bermuda,
as it was feared that the deal would collapse. After the story was
leaked by the US media, Premier Brown gave a national address to inform
the people of Bermuda. Many Bermuda residents objected, as did the UK
Government. It undertook an informal review of the actions; the Bermuda
opposition, UBP, made a tabled vote of no confidence in Premier Brown.
The UK government is considering whether to overrule his agreement to
have the Uyghur men resettled in Bermuda.^[214]^{[needs update]}

Italy agreed on 15 June 2009, to accept three prisoners.^[212] Ireland agreed on 29 July 2009, to accept two prisoners. The same day, the European Union said that its member states would accept some detainees.^[212] In January 2011, WikiLeaks revealed that Switzerland accepted several Guantanamo detainees as a quid pro quo with the U.S. to limit a multibillion tax probe against Swiss banking group UBS.^[215]

In December 2009, the U.S. reported that, since 2002, more than 550
detainees had departed Guantánamo Bay for other destinations, including
Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium,
Bermuda, Chad, Denmark, Egypt, France, Hungary, Iran, Iraq, Ireland,
Italy, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan,
Palau, Portugal, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan,
Turkey, Uganda, United Kingdom, Canada and Yemen. The Guantanamo Review Task Force issued a Final Report 22 January 2010,^[216] but did not publicly release it until 28 May of that year.^[217]
The report recommended releasing 126 current detainees to their homes
or to a third country, prosecuting 36 in either federal court or by a
military commission, and holding 48 indefinitely under the laws of war.^[218] In addition, 30 Yemenis were approved for release if security conditions in their home country improve.^[217]

Subsequent terrorist actions of released detainees

Airat Vakhitov (a Tajikistan national) and Rustam Akhmyarov
(a Russian national) were captured in Afghanistan in December 2001 and
released from Guantánamo in 2004. They were arrested on 27 August 2005
by Russian authorities in Moscow, for allegedly preparing a series of
attacks in Russia. According to authorities, Vakhitov was using a local
human rights group as cover for his activities.^[219] The men were released on 2 September 2005, and no charges were pressed.^[220]

US officials have claimed that some of the released detainees have returned to the battlefield. According to Dick Cheney,
such men tricked their interrogators about their true identities,
posing as harmless villagers. They were released and "return[ed] to the
battlefield."^[221]

Abdallah Salih al-Ajmi, a Kuwaiti former detainee, committed a successful suicide attack in Mosul,
on 25 March 2008. Al-Ajmi had been repatriated from Guantánamo in 2005,
and transferred to Kuwaiti custody. A Kuwaiti court later acquitted him
of terrorism charges.^[222]^[223]^[224]

On 13 January 2009, the Pentagon said that it had evidence that 18
former detainees have had direct involvement in terrorist activities.^[225]
The Pentagon said that another 43 former detainees have "a plausible
link with terrorist activities," according to its intelligence sources.^[225] Peter Bergen, a CNN
analyst, claims that DOD has classified some former detainees of the
latter category as suspected of having returned to terrorism because
they made statements against the United States; Bergen noted "that's not
surprising if you've been locked up in a U.S. prison camp for several
years."^[226]

On 24 July 2015, Belgium arrested on charges of terrorism two people
released from Guantánamo Bay: "Moussa Zemmouri, a 37-year-old Belgian of
Moroccan origin, and an Algerian whom the prosecutor's office
identified as Soufiane A".^[227]

Criticism and condemnation

Amnesty International protests the detentions using a mock cell and prison outfits

European Union members and the Organization of American States, as well as non-governmental organizations such as Amnesty International and Human Rights Watch, have protested the legal status and physical condition of detainees at Guantánamo. The human rights organization Human Rights Watch has criticized the Bush administration over this designation in its 2003 world report, stating: "Washington
has ignored human rights standards in its own treatment of terrorism
suspects. It has refused to apply the Geneva Conventions to prisoners of
war from Afghanistan, and has misused the designation of 'illegal
combatant' to apply to criminal suspects on U.S. soil." On 25 May 2005,
Amnesty International released its annual report calling the facility
the "gulag of our times."^[9]^[228] Lord Steyn
called it "a monstrous failure of justice," because "... The military
will act as interrogators, prosecutors and defense counsel, judges, and
when death sentences are imposed, as executioners. The trials will be
held in private. None of the guarantees of a fair trial need be
observed."^[229]

Another senior British Judge, Justice Collins, said of the detention
center: "America's idea of what is torture is not the same as the United
Kingdom's."^[230]
At the beginning of December 2003, there were media reports that
military lawyers appointed to defend alleged terrorists being held by
the United States at Guantánamo Bay had expressed concern about the
legal process for military commissions. The Guardian newspaper from the United Kingdom^[231]
reported that a team of lawyers was dismissed after complaining that
the rules for the forthcoming military commissions prohibited them from
properly representing their clients. New York's Vanity Fair reported that some of the lawyers felt their ethical obligations were being violated by the process.^[232]
The Pentagon strongly denied the claims in these media reports. It was
reported on 5 May 2007, that many lawyers were sent back and some
detainees refuse to see their lawyers, while others decline mail from
their lawyers or refuse to provide them information on their cases (see
also Mail privileges of Guantanamo Bay detainees).^[233]

The New York Times and other newspapers are critical of the camp; columnist Thomas Friedman urged George W. Bush to "just shut it down", calling Camp Delta "... worse than an embarrassment."^[234] Another New York Times
editorial supported Friedman's proposal, arguing that Guantánamo is
part of "... a chain of shadowy detention camps that includes Abu Ghraib in Iraq, the military prison at Bagram Air Base
in Afghanistan and other secret locations run by the intelligence
agencies" that are "part of a tightly linked global detention system
with no accountability in law."^[235]

In November 2005, a group of experts from the United Nations Commission on Human Rights
called off their visit to Camp Delta, originally scheduled for 6
December, saying that the United States was not allowing them to conduct
private interviews with the prisoners. "Since the Americans have not
accepted the minimum requirements for such a visit, we must cancel
[it]," Manfred Nowak,
the UN envoy in charge of investigating torture allegations around the
world, told AFP. The group, nevertheless, stated its intention to write a
report on conditions at the prison based on eyewitness accounts from
released detainees, meetings with lawyers and information from human
rights groups.^[236]^[237]

Captive being escorted

In February 2006, the UN group released its report, which called on
the U.S. either to try or release all suspected terrorists. The report,
issued by the Working Group on Arbitrary Detention, has the subtitle Situation of detainees at Guantánamo Bay.
This includes, as an appendix, the U.S. ambassador's reply to the draft
versions of the report in which he restates the U.S. government's
position on the detainees.^[238]

European leaders have also voiced their opposition to the internment center. On 13 January 2006, German Chancellor Angela Merkel
criticized the U.S. detention of prisoners at Guantánamo Bay: "An
institution like Guantánamo, in its present form, cannot and must not
exist in the long term. We must find different ways of dealing with
prisoners. As far as I'm concerned, there's no question about that," she
declared in a 9 January interview to Der Spiegel.^[239]^[240] Meanwhile, in the UK, Peter Hain, the Secretary of State for Northern Ireland, stated during a live broadcast of Question Time
(16 February 2006) that: "I would prefer that it wasn't there and I
would prefer it was closed." His cabinet colleague and Former Prime Minister of the United Kingdom, Tony Blair, declared the following day that the center was "an anomaly and sooner or later it's got to be dealt with."^[241]

On 10 March 2006, a letter in The Lancet
was published, signed by more than 250 medical experts urging the
United States to stop force-feeding of detainees and close down the
prison. Force-feeding is specifically prohibited by the World Medical Association force-feeding declarations of Tokyo and Malta, to which the American Medical Association is a signatory. Dr David Nicholl who had initiated the letter stated that the definition of torture as only actions that cause "death or major organ failure" was "not a definition anyone on the planet is using."^[242]^[243]

There has also been significant criticism from Arab leaders: on 6 May 2005, prominent Kuwaiti parliamentarian Waleed Al Tabtabaie
demanded that U.S. President Bush "uncover what is going on inside
Guantánamo," allow family visits to the hundreds of Muslim detainees
there, and allow an independent investigation of detention conditions.^[244]

In May 2006, the Attorney General for England and Wales Lord Goldsmith
said the camp's existence was "unacceptable" and tarnished the U.S.
traditions of liberty and justice. "The historic tradition of the United
States as a beacon of freedom, liberty and of justice deserves the
removal of this symbol," he said.^[245] Also in May 2006, the UN Committee Against Torture condemned prisoners' treatment at Guantánamo Bay, noted that indefinite detention constitutes per se a violation of the UN Convention Against Torture, and called on the U.S. to shut down the Guantánamo facility.^[246]^[247] In June 2006, the European Parliament voted overwhelmingly in support of a motion urging the United States to close the camp.^[248]

In June 2006, U.S. Senator Arlen Specter stated that the arrests of most of the roughly 500 prisoners held there were based on "the flimsiest sort of hearsay."^[249] In September 2006, the UK's Lord Chancellor, Lord Falconer,
who heads the UK's legal system, went further than previous British
government statements, condemning the existence of the camp as a
"shocking affront to democracy." Lord Falconer, who said he was
expressing Government policy, made the comments in a lecture at the Supreme Court of New South Wales.^[250] According to former U.S. Secretary of State Colin Powell:
"Essentially, we have shaken the belief the world had in America's
justice system by keeping a place like Guantánamo open and creating
things like the military commission. We don't need it and it is causing
us far more damage than any good we get for it."^[251]

A pair of Canadian demonstrators in 2008.

In March 2007, a group of British Parliamentarians formed an All-party parliamentary group to campaign against Guantánamo Bay.^[252] The group is made up of members of parliament and peers from each of the main British political parties, and is chaired by Sarah Teather with Des Turner and Richard Shepherd acting as Vice Chairs. The Group was launched with an Ambassadors' Reception in the House of Commons,
bringing together a large group of lawyers, non-governmental
organizations and governments with an interest in seeing the camp
closed. On 26 April 2007, there was a debate in the United States Senate over the detainees at Guantánamo Bay that ended in a draw, with Democrats urging action on the prisoners' behalf but running into stiff opposition from Republicans.^[253]

Some visitors to Guantánamo have expressed more positive views on the
camp. Alain Grignard, who visited Gitmo in 2006, objected to the
detainees' legal status but declared that "it is a model prison, where
people are better treated than in Belgian prisons."^[254]
Grignard, then deputy head of Brussels' federal police anti-terrorism
unit, served as expert on a trip by a group of lawmakers from the
assembly of the Organisation for Security and Cooperation in Europe (OSCE). "I know no Belgian prison where each inmate receives its Muslim kit," Mr Grignard said.

According to polls conducted by the Program on International Policy
(PIP) attitudes, "Large majorities in Germany and Great Britain, and
pluralities in Poland and India, believe the United States has committed
violations of international law at its prison on Guantánamo Bay in Cuba, including the use of torture in interrogations."
PIP found a marked decrease in the perception of the U.S. as a leader
of human rights as a result of the international community's opposition
to the Guantánamo prison.^[255] A 2006 poll conducted by the BBC World Service together with GlobeScan in 26 countries found that 69% of respondents disapprove of the Guantánamo prison and the U.S. treatment of detainees.^[256] American actions in Guantánamo, coupled with the Abu Ghraib torture and prisoner abuse scandal, are considered major factors in the decline of the U.S.'s image abroad.^[257]

Michael Lehnert, who as a U.S. Marine Brigadier General helped
establish the center and was its first commander for 90 days, has stated
that was dismayed at what happened after he was replaced by a U.S. Army
commander. Lehnert stated that he had ensured that the detainees would
be treated humanely and was disappointed that his successors allowed
harsh interrogations to take place. Said Lehnert, "I think we lost the
moral high ground. For those who do not think much of the moral high
ground, that is not that significant. But for those who think our
standing in the international community is important, we need to stand
for American values. You have to walk the walk, talk the talk."^[258]

In a foreword^[259] to Amnesty International's International Report 2005,^[260] the Secretary General, Irene Khan, made a passing reference to the Guantánamo Bay prison as "the gulag
of our times," breaking an internal AI policy on not comparing
different human rights abuses. The report reflected ongoing claims of
prisoner abuse at Guantánamo and other military prisons.^[261]^[262]^[263] The comparison between the Gulag and Guantanamo Bay has been criticized by a number of people, including John Podhoretz,
who on the difference between Guantanamo and a Soviet gulag, said,
"Maybe the people who work at Amnesty International really do think that
the imprisonment of 600 certain or suspected terrorists is tantamount
to the imprisonment of 25 million slaves."^[264] Former Soviet-era "gulag" prisoner, Pavel Litvinov,
also criticized the analogy saying, "By any standard, Guantanamo and
similar American-run prisons elsewhere do not resemble, in their
conditions of detention or their scale, the concentration camp system
that was at the core of a totalitarian communist system."^[265] The comparison has been praised by some including Edmund McWilliams,^[266] and William F. Schulz.

In a February 2012 poll 70% of Americans (including 53% of
self-described liberal Democrats and 67% of moderate or conservative
Democrats) replied they approve the continued operation of Guantanamo.^[267]

It was noted in the Pittsburgh Post Gazette though President Barack
Obama came into office saying he would shut the facility down, in the
end his administration has taken much the same stance as that of the
Bush administration regarding the need for the facility and the practice
of indefinite detention for prisoners.^[175]
The Obama Administration "has vigorously defended a raft of legal
challenges. Although detainees won a number of them – gaining the right
to make habeas challenges in U.S. courts – the practical effect has been
negligible. Only four men charged have been tried. Men cleared for
release remain imprisoned. And the group of men the government says it
doesn't plan to charge have no clear path to trial or release."^[175]
A federal judge in Washington on 6 September 2012 rejected a government
effort to sharply limit access between private lawyers and security
detainees at the U.S. base at Guantánamo Bay. Chief U.S. District Judge
Royce Lamberth ruled that access by lawyers to their detainee-clients at
Guantánamo must continue under the terms of a long-standing protective
order issued by federal judges in Washington. He pointedly stated: "Had,
for example, the Obama administration closed the Guantánamo Bay
detention facility as it promised, the court's protective order would no
longer have any effect."^[176]

Morris Davis, the former chief prosecutor for the terrorism trials at Guantanamo Bay, began a Change.org e-petition to close Guantanamo. The e-petition
has garnered over 220,000 signatures, and mentions the hunger strikes
that "involves more than 100 prisoners, including some 21 who are being
force fed to keep them from starving to death." ^[268]^[269]^[270]

On 12 December 2013, retired U.S. Marine Major General Michael R. Lehnert, who oversaw the construction of the Guantánamo detention facility, published an op-ed piece in the Detroit Free Press.
He characterized the Guantanamo as "our nation’s most notorious prison —
a prison that should never have been opened", and provided a brief
summary of its history and significance:

Our nation created Guantánamo because we were legitimately angry and
frightened by an unprovoked attack on our soil on Sept. 11, 2001. We
thought that the detainees would provide a treasure trove of information
and intelligence.

I was ordered to construct the first 100 cells at Guantánamo within
96 hours. The first group of 20 prisoners arrived seven days after the
order was given. We were told that the prisoners were the "worst of the
worst," a common refrain for every set of detainees sent to Guantánamo.
The U.S. has held 779 men at the detention facility over the past 12
years. There are currently 162 men there, most of them cleared for
transfer, but stuck by politics.

Even in the earliest days of Guantánamo, I became more and more
convinced that many of the detainees should never have been sent in the
first place. They had little intelligence value, and there was
insufficient evidence linking them to war crimes. That remains the case
today for many, if not most, of the detainees.^[271]

Obama's attempt to close the camp

During his 2008 presidential campaign, Barack Obama
described Guantánamo as a "sad chapter in American history" and
promised to close down the prison in 2009. After being elected, Obama
reiterated his campaign promise on 60 Minutes and the ABC program This Week.^[272]

On 22 January 2009, President Obama stated that he ordered the
government to suspend prosecutions of Guantánamo Bay detainees for 120
days to review all the detainees' cases to determine whether and how
each detainee should be prosecuted. A day later, Obama signed an executive order stating that Guantánamo Detention Camp would be closed within the year.^[273]
His plan encountered a setback when incoming officials of his
administration discovered that there were no comprehensive files
concerning many of the detainees, so that merely assembling the
available evidence about them could take weeks or months.^[274] In May, Obama announced that the prosecutions would be revived.^[275] On 20 May 2009, the United States Senate
passed an amendment to the Supplemental Appropriations Act of 2009
(H.R. 2346) by a 90–6 vote to block funds needed for the transfer or
release of prisoners held at the Guantánamo Bay detention camp.^[15]
In November 2009, President Obama admitted that the "specific deadline"
he had set for closure of the Guantánamo Bay camp would be "missed." He
said the camp would probably be closed later in 2010, but did not set a
specific deadline.^[276]^[277]

In May 2009 Carol Rosenberg, writing in The Miami Herald,
reported that the camps will not be immediately dismantled when the
detainees are released or transferred, due to ongoing cases alleging
abuse of detainees.^[278]

In 2009, the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, and the Standish Maximum Correctional Facility in Standish, Michigan,
were considered as potential sites for transfers of over 220 prisoners.
Kansas public officials, including both of its senators and governor,
objected to transferring prisoners to the former.^[279] Many in Standish, however, welcomed the move to the latter.^[280]

Obama issued a presidential memorandum dated 15 December 2009, formally closing the detention center and ordering the transfer of prisoners to the Thomson Correctional Center, Thomson, Illinois.^[16] Attorney Marc Falkoff, who represents some of the Yemeni detainees, said that his clients might prefer to remain in Guantánamo rather than move into the more stark conditions at Thomson.^[281] Illinois Senator Dick Durbin's office announced on 2 October 2012 that the Obama administration and Federal Bureau of Prisons is buying the Thomson Correctional Center from Illinois for $165 million.^[282]^[283]^[284]
An administration official said the deal was to address overcrowding
issues, and Thomson would not be used to house any Guantánamo detainees,
which the official noted was prohibited by law. "The entire facility
will house only [Bureau of Prison] inmates (up to 2,800) and be operated
solely by BOP. Specifically, it will be used for administrative maximum
security inmates and others who have proven difficult to manage in
high-security institutions," said the official, who asked not to be
named.^[285] This statement was echoed in letter from U.S. Attorney General Eric Holder.
"I have committed that no Guantanamo detainees will be transferred to
Thomson. As you know, any such transfer would violate express legal
statutory prohibitions," Holder said in a letter to Representative Frank
Wolf, who fought the proposal.^[286]

The Guantanamo Review Task Force issued a final report on 22 January 2010,^[216] but did not publicly release it until 28 May 2010.^[217]
The report recommended releasing 126 current detainees to their homes
or to a third country, 36 be prosecuted in either federal court or a
military commission, and 48 be held indefinitely under the laws of war.^[218] In addition, 30 Yemenis were approved for release if security conditions in their home country improve.^[217]

On 7 January 2011, President Obama signed the 2011 Defense Authorization Bill
which contains provisions that place restrictions on the transfer of
Guantánamo prisoners to the mainland or to other foreign countries, thus
impeding the closure of the detention facility. The bill prohibits the
use of funds to "modify or construct facilities in the United States to
house detainees transferred from" Guantánamo Bay.^[287]^[288] He strongly objected to the clauses and stated that he would work with Congress to oppose the measures.^[18]
Regarding the provisions preventing the transfer of Guantánamo
prisoners to the mainland, Obama wrote in a statement that the
"prosecution of terrorists in Federal court is a powerful tool in our
efforts to protect the Nation and must be among the options available to
us. Any attempt to deprive the executive branch of that tool undermines
our Nation's counterterrorism efforts and has the potential to harm our
national security."^[289]
Obama's order included provisions preventing the transfer of Guantánamo
prisoners to other foreign countries, writing that requiring the
executive branch to "certify to additional conditions would hinder the
conduct of delicate negotiations with foreign countries and therefore
the effort to conclude detainee transfers in accord with our national
security."^[289]
Obama signed the 2011 Defense Authorization Bill, but nevertheless the
Obama administration "will work with the Congress to seek repeal of
these restrictions, will seek to mitigate their effects, and will oppose
any attempt to extend or expand them in the future," the president's
statement said.^[290]^[291]

On 7 March 2011, Obama gave the green light to resume military
trials, conducted by military officers, with a military judge presiding,
of terror suspects detained at Guantánamo Bay.^[292]
He also signed an executive order that requires a review of detainees'
status "within a year and every four years after that to determine
whether they remain a threat... [and] scheduled for a military trial or
should be released."^[293]^[294] The order required compliance with the Geneva Conventions and the international treaty banning torture and inhumane treatment.^[293]^[294]^[295]^[296]^[297]^[298]

The delay of Guantánamo Bay's closing resulted in some controversy among the public. On 12 December 2011, The New York Times published an op-ed written by retired United States Marine Corps Generals Charles C. Krulak and Joseph P. Hoar. The two criticized how a provision of the National Defense Authorization Act for Fiscal Year 2012
would extend a ban on transfers from Guantánamo, "ensuring that this
morally and financially expensive symbol of detainee abuse [would]
remain open well into the future." Both argued the move would bolster Al
Qaeda's recruiting efforts and make it "nearly impossible" to transfer
88 men (of the 171 held there) who had been cleared for release.^[299]

On 31 December, after signing the National Defense Authorization Act
for Fiscal Year 2012 into law, President Obama voiced his concerns
regarding certain provisions of the act including Section 1027, which
"renews the bar against using appropriated funds for fiscal year 2012 to
transfer Guantánamo detainees into the United States for any purpose."
He continued to state opposition to the provision, which he argued
"intrudes upon critical executive branch authority to determine when and
where to prosecute Guantánamo detainees, based on the facts and the
circumstances of each case and our national security interests. [...]
Moreover, this intrusion would, under certain circumstances, violate
constitutional separation of powers principles."^[300]
Obama closed his concerns by stating his administration would
"aggressively seek to mitigate those concerns through the design of
implementation procedures and other authorities available to me as chief
executive and Commander in Chief, will oppose any attempt to extend or
expand them in the future, and will seek the repeal of any provisions
that undermine the policies and values that have guided my
Administration throughout my time in office."^[300]

In early July 2012, reports surfaced saying Guantánamo Bay was
getting an estimated $40 million communications upgrade because the
outdated satellite communications system was overburdened with the
military court hearing the cases of war-on-terrorism suspects, as well
as by the ongoing detention operations. These reports therefore
indicated the U.S. military is preparing for long-term operations at
Guantánamo,^[301]^[302]
but they were denied by Army Lt. Col. Todd Breasseale, a spokesman for
the Guantánamo military commissions. He said the communications upgrade
project is meant to serve the Guantanamo naval station rather than the
detention camp, which Washington still "has plans" to close.^[302]
On 3 July 2012, ABC News reported setbacks in Congress, as well as a
need to focus on a stagnant economy in the United States, have made the
issue of closing the detention camp a lesser priority. The channel also
asked Obama if he planned on ever closing Guantanamo Bay, to which he
replied he did.

Some blamed Congress for the delay in closing the detention camp,
while others blamed the president. National Security Council spokesman
Tommy Vietor said in a statement, "Obviously Congress has taken a number
of steps to prevent the closure of the prison at Guantánamo Bay, but
the President still believes it's in our national security interest and
will keep trying". In the same interview, however, senior ACLU attorney Zachary Katznelson
argued Obama had "enough control and power that he [could have gotten
those] men out today if he [had] the political will to do so."^[303]

On 21 September 2012, the U.S. government disclosed the names of 55
of the 86 prisoners cleared for transfer from Guantánamo Bay prison. All
of the names publicized were those of prisoners that Obama's
inter-agency Guantanamo Bay Review Task Force had approved for release
from the prison. Previously, the U.S. government had maintained the
names of prisoners cleared could not be made public because it would
interfere with diplomatic efforts to repatriate or resettle prisoners in
their home country or other countries.^[304]

In November 2012, the Senate voted 54–41 to prevent detainees from being transferred to the United States.^[305]
At the end of December 2013 President Obama stated he has not given up
the idea of trying terrorist suspects now housed at Guantanamo Bay,
Cuba, in United States courts. "The executive branch must have the
authority to determine when and where to prosecute Guantanamo detainees,
based on the facts and circumstances of each case and our national
security interests," Obama wrote in a signing statement attached to a
new defense authorization bill^[306]
called the National Defense Authorization Act for fiscal 2014 which
relaxed restrictions on transferring detainees from the U.S. prison at
Guantanamo Bay, Cuba, to the custody of foreign governments.^[307]

On 20 January 2015, during the 2015 State of the Union
address, Obama stated Guantánamo Bay "is not who we are" and that it
was "time to close Gitmo". A little less than a week later, The Huffington Post published an article by Tom Hayden
arguing Guantánamo Bay would be best closed by returning the base to
Cuban sovereignty, arguing it is "where [Guantánamo Bay] belongs
historically."^[308]

Media representations

Film, television specials, and videos

Frontline: "The Torture Question" (2005),^[309] a PBS
documentary that traces the history of how decisions made in
Washington, D.C. in the immediate aftermath of 11 September 2001 led to a
robust interrogation policy that laid the groundwork for prisoner abuse
in Afghanistan, Guantánamo Bay, Cuba, and Iraq's Abu Ghraib prison^[310]
Gitmo – The New Rules of War (2006), a Swedish documentary by Erik Gandini
and Tarik Saleh/ATMO that raises some of the issues concerning the
nature of the interrogation processes, through interviews with previous
Guantánamo and Abu Ghraib personnel; it has won several awards including
1st prize at the 2006 Seattle International Film Festival
Guantanamo – American Officer Tortures Prisoners and Murders Investigator in an Iranian TV Drama (2006), Iranian drama shown on Al-Kawthar TV and noted by the Middle East Media Research Institute^[311]
Prisoner 345 (2006) details the case of Al Jazeera cameraman Sami Al Hajj, detained at the camp since 2002
Guantanamo – unplugged (2006), a first-hand view of the
prison facilities by Stephan Bachenheimer, Winner of the International
Video Journalism Award 2006, English/German^[312]
The Road to Guantánamo (2006), a film about the Tipton Three
Taxi to the Dark Side (2007), an in-depth look at the torture practices, focusing on Dilwar, an innocent taxi driver in Afghanistan who was tortured and killed in 2002
GITMO: Inside the Wire (2008), an hour-long documentary by
filmmaker David Miller and journalist Yvonne Ridley after the two were
given unprecedented access to the camp in May 2008; it has won several
awards including a nomination at the Roma TV Festival in 2009^[313]
Harold & Kumar Escape from Guantanamo Bay (2008), comedy film
Witness to Guantanamo (2009), an ongoing project filming
in-depth interviews with former detainees and other voices of
Guantanamo, and creating a free archive of these stories for future
generations.^[314]
Inside Guantanamo (2009), a National Geographic film of what it is like inside Guantanamo Bay
New York (2009), an Indian movie about an American Muslim of Indian origin being detained at the U.S. prison
Outside the Law: Stories From Guantanamo (2009), a British
documentary, featuring interviews with previous Guantánamo detainees, a
former U.S. Military Chaplain at Guantánamo Bay and human rights
organisations such as Cageprisoners Ltd.^[315]
The Real News: "Protest Against Obama Guantanamo Policy"(16 January 2011)^[316]
Shaker Aamer: A Decade of Injustice (2012), a short film by Spectacle to mark the 10th anniversary of the detention of Shaker Aamer at Guantanamo Bay^[317]
Camp X-Ray (2014), a film starring Kristen Stewart and Peyman Moaadi

Games

Tom Clancy's Splinter Cell: Blacklist (2013), video game wherein the player is tasked with infiltrating and escaping from Guantanamo Bay
Metal Gear Solid V: Ground Zeroes (2014), video game wherein the player's mission is to extract two prisoners from a fictional "Camp Omega" in early 1975

Literature

Five Years of My Life: An Innocent Man in Guantanamo (2008), a memoir by Murat Kurnaz
Prisonnier à Guantanamo (2008), by Mollah Abdul Salam Zaeef and Jean-Michel Caradec'h, memoirs of the ex-ambassador of Taliban government in Pakistan.^[318]
Guantanamo Diary: Mohamedou Ould Slahi edited by ( Larry Siems)(2015), a memoir by a Guantanamo detainee

Music

"A Base de Guantanamo (The Guantánamo Bay)", the sixth song of Caetano Veloso's album Zii e Zie (2009)

Radio

Camp Delta, Guantanamo (30 April 2006), a radio feature by Frank Smith^[319]
This American Life: "Habeas Schmabeas", an episode of the radio program This American Life produced by Chicago Public Radio,
which discusses the conditions at the facility, the legal
justifications and arguments surrounding the detention of prisoners
there, and the history of the principle of habeas corpus; it also features interviews with two former detainees and won a 2006 Peabody Award^[320]

Theater

Good Morning Gitmo (2014), a one-act comedy play written by Mishu Hilmy and Eric Simon and originally produced by The Annoyance Theater in Chicago, Illinois

Artistic responses

Banksy's Guantanamo Sculpture (2006), the graffiti artist Banksy placed a life-size replica of one of Guantanamo's detainees in a Disneyland attraction^[321]
Gone Gitmo (2009), a virtual reproduction of the Guantanamo Bay Prison built in Second Life by the artists Nonny de la Peña and Peggy Weil^[322]
Guantanamo Bay Museum of Art and History (2012), a fictional museum created by the artist Ian Alan Paul that is premised on the idea that the museum has replaced the shuttered prison facility^[323]^[324]
Guantanamo Bay Illustrations (2013), in 2013 the artist Molly Crabapple
visited the Guantanamo Bay Detention Facilities and did a series of
portraits and sketches of the detainees and the prison complex^[325]

References

Guantanamo Bay prisoners plant seeds of hope in secret garden, The Independent, 29 April 2006

"It Don't Gitmo Better Than This". Vice. 2013.

Further viewing

"Yasiin Bey (aka Mos Def) force fed under standard Guantánamo Bay procedure." The Guardian. Monday 8 July 2013. via YouTube—Video created by human rights organization Reprieve & directed by Asif Kapadia, shows Mos Def force fed according to procedure at Guantanamo Bay detention camp.

Declassified documents

Office of the Secretary of Defense & Joint Staff FOIA Requester Service Center
- Declassified Detainee & Other Related Documents
- Additional Declassified Detainee & Related Documents
FBI
- 2004 Guantanamo Bay Special Inquiry
DOD Inspector General
- Intelligence and Special Program Assessments Reports (several reports are still classified)
DIA FOIA
- All Detainee Documents (1 file, 22mb)
FOIA.gov
- All related pdf files indexed by FOIA.gov

External links

Wikisource has original text related to this article:

Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism

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Statement of Alberto J Mora on interrogation abuse, 7 July 2004

Wikimedia Commons has media related to Guantanamo Bay detainment camp.

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Categories:

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while shackled; one was shackled in a baseball catcher's position; and
subjected to loud music and flashing floodlights for more than twenty
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The prisoners supposedly feel that they may be able to get better treatment or release with suicide attempts. Daryl Matthews, a professor of forensic psychiatry at the University of Hawaii
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Senin, 10 Agustus 2015

The Guantanamo Bay Detention Camp is a United States military prison located within Guantanamo Bay Naval Base,[1] also referred to as Guantánamo, G-bay or GTMO (pronounced 'gitmo'), which fronts on Guantánamo Bay in Cuba. At the time of its establishment in January 2002,