Democratic Wings: The men held without trial at Guantamamo Bay: Non-people facing non-trials to defend non-charges

March 19, 2006

The men held without trial at Guantamamo Bay: Non-people facing non-trials to defend non-charges

From Dahlia Lithwick at Slate:

It's an immutable rule of journalism that when you unearth three instances of a phenomenon, you've got a story. So, you might think three major reports on Guantanamo Bay, all released within a span of two weeks, might constitute a big story. But somehow they do not.

Guantanamo Bay currently holds over 400 prisoners. The Bush administration has repeatedly described these men as "the worst of the worst." Ten have been formally charged with crimes and will someday face military tribunals. The rest wait to learn what they have done wrong. Two major studies conclude that most of them have done very little wrong. A third says they are being tortured while they wait.

No one disputes that the real criminals at Guantanamo should be brought to justice. But now we have proof that most of the prisoners are guilty only of bad luck and that we are casually destroying their lives. The first report was written by Corine Hegland and published two weeks ago in the National Journal. Hegland scrutinized the court documents of 132 prisoners—approximately one-quarter of the detainees—who have filed habeas corpus petitions, as well as the redacted transcripts of the hearings that 314 prisoners have received in appearing before military Combatant Status Review Tribunals—the preliminary screening process that is supposed to ascertain whether they are "enemy combatants," as the Bush administration claims. Hegland's exhaustive review concludes that most of the detainees are not Afghans and that most were not picked up on the battlefield in Afghanistan. The vast majority were instead captured in Pakistan. Seventy-five of the 132 men are not accused of taking part in hostilities against the United States. The data suggests that maybe 80 percent of these detainees were never al-Qaida members, and many were never even Taliban foot soldiers.

Most detainees are being held for the crime of having "associated" with the Taliban or al-Qaida—often in the most attenuated way, including having known or lived with people assumed to be Taliban, or worked for charities with some ties to al-Qaida. Some had "combat" experience that seems to have consisted solely of being hit by U.S. bombs. Most were not picked up by U.S. forces but handed over to our military by Afghan warlords in exchange for enormous bounties and political payback.

But weren't they all proved guilty of something at their status review hearings? Calling these proceedings "hearings" does violence to that word. Detainees are assumed guilty until proven innocent, provided no lawyers, and never told what the evidence against them consists of. That evidence, according to another report by Hegland, often consists of little beyond admissions or accusations by other detainees that follow hundreds of hours of interrogations. (A single prisoner at Guantanamo, following repeated interrogation, accused over 60 of his fellow inmates—or more than 10 percent of the prison's population. Some of his accounts are factual impossibilities.) Another detainee "confessed" following an interminable interrogation, shouting: "Fine, you got me; I'm a terrorist." When the government tried to list this as a confession, his own interrogators were forced to break the outrageous game of telephone and explain it as sarcasm. A Yemeni accused of being a Bin Laden bodyguard eventually "admitted" to having seen Bin Laden five times: "Three times on Al Jazeera and twice on Yemeni news." His file: "Detainee admitted to knowing Osama Bin Laden."

Mark Denbeaux, who teaches law at Seton Hall University in New Jersey, and attorney Joshua Denbeaux published a second report several days after Hegland. They represent two detainees. Their data on the evidence amassed against the entire detainee population jibes with Hegland's. They evaluated written determinations produced by the government for the Combatant Status Review Tribunals; in other words, the government's best case against the prisoners, in the government's own words.

The Seton Hall study found that 55 percent of the detainees are not suspected of having committed any hostile acts against the United States and that 40 percent of the detainees are not affiliated with al-Qaida. Eight percent are listed as having fought for a terrorist group, and 60 percent are merely accused of being "associated with" terrorists—the lowest categorization available. They confirm that 86 percent were captured either by the Northern Alliance or by Pakistan "at a time in which the United States offered large bounties for capture of suspected enemies." They quote a flier, distributed in Afghanistan at the time of the sweeps that reads: "Get wealth and power beyond your dreams ... You can receive millions of dollars helping the anti-Taliban forces catch Al Qaida and Taliban murderers. This is enough money to take care of your family, your tribe, your village for the rest of your life. Pay for livestock and doctors and school books."

While some of the evidence against the detainees appears damning—11 percent are said to have "met with Bin Laden" (I suppose that includes the guy who saw him on TV)—most are accused of "associating with terrorists" based on having met with unnamed individuals, used a guesthouse, owned a Casio watch, or wearing olive drab clothing. Thirty-nine percent possessed a Kalashnikov rifle—almost as fashionable in that part of the world as a Casio. Many were affiliated with groups not on the Department of Homeland Security's Terrorist watch list.

The third report was released today by the U.N. Commission on Human Rights. Five rapporteurs spent 18 months investigating conditions at Guantanamo, based on information provided by released detainees or family members, lawyers, and Defense Department documents. The investigators were not scrutinizing charges. They were assessing humanitarian conditions. They declined to visit the camp itself when they were told they'd be forbidden to meet with the prisoners. Their 41-page document concludes that the government is violating numerous human rights—including the ban on torture and arbitrary detention and the right to a fair trial. The investigators were particularly bothered by reports of violent force-feeding of hunger-strikers and interrogation techniques including prolonged solitary confinement; exposure to extreme temperatures, noise, and light; and forced shaving. It concludes: "The United States government should close the Guantanamo Bay detention facilities without further delay" and recommends the detainees be released or tried.

And why doesn't the government want to put these prisoners on trial? The administration has claimed that it needs these men for their intelligence value; to interrogate them about further 9/11-like plots. But as Hegland reports, by the fall of 2002 it was already common knowledge in the government that "fewer than 10 percent of Guantanamo's prisoners were high-value terrorist operatives," according to Michael Scheuer, who headed the agency's Bin Laden unit from 1999 until he resigned in 2004. Three years later, the government's own documents reveal that hundreds of hours of ruthless questioning have produced only the quasi-comic, quasi-tragic spectacle of weary prisoners beginning to finger one another.

The government's final argument is that we are keeping them from rejoining the war against us, a war that has no end. But that is the most disingenuous claim of all: If any hardened anti-American zealots leave Guantanamo, they will be of our own creation. Nothing will radicalize a man faster than years of imprisonment based on unfounded charges; that's why Abu Ghraib has become the world's foremost crime school. A random sweep of any 500 men in the Middle East right now might turn up dozens sporting olive drab and Casio watches, and dozens more who fiercely hate the United States. Do we propose to detain them all indefinitely and without charges?

The only real justification for the continued disgrace that is Guantanamo is that the government refuses to admit it's made a mistake. Releasing hundreds of prisoners after holding them for four years without charges would be big news. Better, a Guantanamo at which nothing has happened in four years. Better to drain the camp slowly, releasing handfuls of prisoners at a time. Last week, and with little fanfare, seven more detainees were let go. That brings the total number of releasees to 180, with 76 transferred to the custody of other countries. Are these men who are quietly released the "best of the worst"? No. According to the National Journal one detainee, an Australian fundamentalist Muslim, admitted to training several of the 9/11 hijackers and intended to hijack a plane himself. He was released to his home government last year. A Briton said to have targeted 33 Jewish organizations in New York City is similarly gone. Neither faces charges at home.

Guantanamo represents a spectacular failure of every branch of government. Congress is willing to pass a bill stripping courts of habeas-corpus jurisdiction for detainees but unwilling to probe what happens to them. The Supreme Court's decision in Rasul v. Bush conferred seemingly theoretical rights enforceable in theoretical courtrooms. The right to challenge a government detention is older than this country and yet Guantanamo grinds on.

It grinds on because the Bush administration gets exactly what it pays for in that lease: Guantanamo is a not-place. It's neither America nor Cuba. It is peopled by people without names who face no charges. Non-people facing non-trials to defend non-charges are not a story. They are a headache. No wonder the prisoners went on hunger strikes. Not-eating, ironically enough, is the only way they could try to become real to us.

"Probably, hanging onto the past brings more destruction than any other single cause. ...It's the Muslim fundamentalists who worship the past and ignore the reformist spirit with which Muhammad viewed women. It's the backward-looking Christian literalists who interpret religious teachings in a way that consolidates their power..." ~ Gloria Steinem

"'Inherent differences' between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity." ~ Ruth Bader Ginsberg

"As a woman, I have no country. As a woman, my country is the world." ~ Virginia Woolf

"...remember the ladies and be more generous and favorable to them than your ancestors... If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation." ~ Abigail Adams

"Bloody treason, murderous act
Not by women were designed.
Bells o'erthrown nor churches sacked
Speak not ill of womenkind."
~ Gearoid Iarla Fitzgerald

"We are coming down from our pedestal and up from the laundry room. We want an equal share in government and we mean to get it." ~ Bella Abzug

"Too often the great decisions are originated and given form in bodies made up wholly of men, or so completely dominated by them that whatever of special value women have to offer is shunted aside without expression." ~ Eleanor Roosevelt

"If we are to achieve a richer culture, rich in contrasting values, we must recognize the whole gamut of human potentialities, and so weave a less arbitrary social fabric, one in which each diverse gift will find a fitting place." ~ Margaret Mead

"There cannot be true democracy unless women's voices are heard. There cannot be true democracy unless women are given the opportunity to take responsibility for their own lives." ~ Hillary Rodham Clinton

"Of my two 'handicaps' being female put more obstacles in my path than being black." ~ Shirley Chisholm

"Sometimes, I feel discriminated against, but it does not make me angry. It merely astonishes me. How can any deny themselves the pleasure of my company?" ~ Zora Neale Hurston

"Eventually, all things merge into one; and a river runs through it. The river was cut by the world's great flood and runs over rocks from the basement of time. On some of the rocks are timeless raindrops. Under the rocks are the words, and some of the words are theirs..." ~ Norman Maclean

"There was a strange stillness. The birds, for example - where had they gone?... It was a spring without voices." ~ Rachel Carson

"If you have men who will exclude any of God's creatures from the shelter of compassion and pity, you will have men who will deal likewise with their fellow men." ~ St. Francis of Assisi

"I have from an early age abjured the use of meat, and the time will come when men such as I will look upon the murder of animals as they now look on the murder of men." ~ Leonardo Da Vinci

"God has cared for these trees, saved them from drought, disease, avalanches, and a thousand straining, leveling tempests and floods; but He cannot save them from fools." ~ John Muir

"The idea of wilderness needs no defense, it only needs defenders." ~ Edward Abbey

"We could never have loved the earth so well if we had had no childhood in it... Our delight in the sunshine on the deep-bladed grass to-day might be no more than the faint perception of wearied souls, if it were not for the sunshine and the grass in the far-off years which still live in us, and transform our perception into love." ~ George Eliot (Mary Anne Evans)

"Those who dwell, as scientists or laymen, among the beauties and mysteries of the earth are never alone or weary of life." ~ Rachel Carson

"When one tugs at a single thing in nature, he finds it attached to the rest of the world." ~ John Muir

"Being pro-choice is trusting the individual to make the right decision for herself and her family, and not entrusting that decision to anyone wearing the authority of government in any regard." ~ Hllary Rodham Clinton

"The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object." ~ Thomas Jefferson

"A nation that is afraid to let its people judge the truth and falsehood of ideas in an open market is a nation that is afraid of its people." ~ John F. Kennedy

"I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." ~ James Madison

"When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion." ~ C. P. Snow

"Unthinking respect for authority is the greatest enemy of truth." ~ Albert Einstein

"Necessity is the plea of every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." ~ William Pitt

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." ~ Benjamin Franklin

"Rules are not necessarily sacred, principles are." ~ Franklin D. Roosevelt

"If somebody tells you you ought to quit, it's because they're afraid you won't." ~ Bill Clinton

"The arc of the moral universe is long but it bends toward justice." ~ Martin Luther King, Jr.

"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance." ~ Robert F. Kennedy

"I believe that unarmed truth and unconditional love will have the final word in reality. That is why right, temporarily defeated, is stronger than evil triumphant." ~ Martin Luther King, Jr.

"It is only with the heart that one can see rightly; what is essential is invisible to the eye." ~ Antoine de Saint-Exupery

"No matter how big a nation is, it is no stronger than its weakest people, and as long as you keep a person down, some part of you has to be down there to hold him down, so it means you cannot soar as you might otherwise." ~ Marian Anderson

"The first question which the priest and the Levite asked was: If I stop to help this man, what will happen to me? But the good Samaritan reversed the question: If I do not stop to help this man, what will happen to him?" ~ Martin Luther King, Jr.

"We can have democracy in this country or we can have great wealth in a few hands, but we can't have both." ~ Louis Brandeis

"O, it is excellent to have a giant's strength; But it is tyrannous to use it like a giant." ~ William Shakespeare

"I hope our wisdom will grow with our power, and teach us, that the less we use our power the greater it will be." ~ Thomas Jefferson

"The ultimate weakness of violence is that it is a descending spiral begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it." ~ Martin Luther King, Jr.

"When men talk about defense, they always claim to be protecting women and children, but they never ask the women and children what they think." ~ Patricia Schroeder

"I hate war as only a soldier who has lived it can, only as one who has seen its brutality, its futility, its stupidity." ~ Dwight D. Eisenhower

"What difference does it make to the dead whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~ Mohandas Gandhi

"One is left with the horrible feeling now that war settles nothing; that to win a war is as disastrous as to lose one." ~ Agatha Christie

"Mankind must put an end to war, or war will put an end to mankind... War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." ~ John F. Kennedy

"Blessed are the peacemakers: for they shall be called the children of God." ~ Jesus

"Every gun that is fired, every warship launched, every rocket fired, signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed. The world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children." ~ Dwight D. Eisenhower

"When will our consciences grow so tender that we will act to prevent human misery rather than avenge it?" ~ Eleanor Roosevelt

"I object to violence because when it appears to do good, the good is only temporary; the evil it does is permanent." ~ Mohandas Gandhi

"The old law of an eye for an eye leaves everyone blind. It is immoral because it seeks to humiliate the opponent rather than win his understanding; it seeks to annihilate rather than convert. Violence is immoral because it thrives on hatred rather than love. It destroys community and makes brotherhood impossible. It leaves society in monologue rather than dialogue. Violence ends by defeating itself. It creates bitterness in the survivors and brutality in the destroyers." ~ Martin Luther King, Jr.

"And thus I clothe my naked villany with odd old ends stol'n forth of holy writ, and seem a saint when most I play the devil." ~ William Shakespeare

"And when thou prayest, thou shalt not be as the hypocrites are: for they love to pray standing... in the corners of the streets, that they may be seen of men... But thou, when thou prayest, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret..." ~ Jesus

"Believing with you that religion is a matter which lies solely between man & his god, ... legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state." ~ Thomas Jefferson

"Persecution is not an original feature in any religion, but it is always the strongly marked feature of all religions established by law." ~ Thomas Paine

"Heroism on command, senseless violence, and all the loathsome nonsense that goes by the name of patriotism - how passionately I hate them!" ~ Albert Einstein

"True patriotism hates injustice in its own land more than anywhere else." ~ Clarence Darrow

"When a whole nation is roaring Patriotism at the top of its voice, I am fain to explore the cleanness of its hands and purity of its heart." ~ Ralph Waldo Emerson

"Guard against the impostures of pretended patriotism." ~ George Washington

"The nationalist not only does not disapprove of atrocities committed by his own side, he has a remarkable capacity for not even hearing about them." ~ George Orwell

"To (say) that we are to stand by the president right or wrong is not only unpatriotic and servile, but it's morally treasonable to the American public." ~ Theodore Roosevelt

"In America, anybody can be president. That's one of the risks you take." ~ Adlai Stevenson

"On some great and glorious day the plain folks of the land will reach their heart's desire at last and the White House will be adorned by a downright moron." ~ H.L. Mencken

"All political movements are like this - we are in the right, everyone else is in the wrong. The people on our own side who disagree with us are heretics, and they start becoming enemies. With it comes an absolute conviction of your own moral superiority. There's oversimplification in everything, and a terror of flexibility." ~ Doris Lessing

"I don't give 'em hell. I just tell the truth, and they think it's hell." ~ Harry Truman

"I never was surer of my position that no self-respecting woman should wish or work for the success of a party that ignores her political rights." ~ Susan B. Anthony