Today the class discussion centered mainly on the issues that are of great controversy amongst the candidates that are running for the Republican Party Presidential Nomination. Although we had discussions on the major issues such as healthcare, pro-choice/abortion, and immigration, one of the topics that we hinted at was the controversy concerning Guantanamo Bay. “The majority of the men are being held either because they are considered too dangerous to release or because the U.S. authorities say they cannot find an acceptable place to transfer them (AP, Guantanamo Sentences Lighter Than Expected)”.
When running for president, Barack Obama was known to take a firm stance against the detention facility located here, and even went to the extent of promising to shut it down. But still, as his term in the presidency is coming to an end, the detention facility is in full throttle and has come nowhere near shutting down. Mr. Obama argued that he alone could not possibly achieve this but rather that he needed the cooperation of Congress. Sources also said that that he could not be dedicated to the healthcare reform and this at the same time; “During 2009 and early 2010, he is totally engaged in the struggle to get health-care reform,” a White House participant said when asked about the president’s engagement with the effort to close Guantanamo. “That occupies his mind, and his time (Washington Post, Guantanamo Bay: Why Hasn’t Obama Fulfilled his Promise to Close the Facility?”
Although Guantanamo’s doors have remained open, there have been recent reports that attempt to show that it is not as bad as people think it to be – that sometimes; the prisoners receive lighter sentences when compared to criminals who have committed similar offenses and that are tried in civil courts. Some experts note that in general, the men convicted so far seem to be faring better than detainees charged with terrorism in civilian courts. But as this is true, everything comes with a price – and generally speaking, this price usually involves helping investigators nail other criminals. Take the case of Khan. “Khan pleaded guilty to charges that included murder, attempted murder and spying for helping al-Qaida plot attacks in the U.S. and delivering money for a deadly hotel bombing in Indonesia. He will receive a sentence that cannot exceed 19 years, if he helps prosecute other prisoners, and could end up receiving less (AP)”. Another such lucky man is Omar Khadr who pleaded guilty to throwing a grenade that mortally wounded an American soldier and received a sentenced of a maximum 8 years. He is expected to be sent back to native land, Canada, where some predict he’ll be quickly released. Although he was captured at the age of 15, a civilian court in the U.S. would have likely given him a life sentence. But, as I don’t want to make it seem like things are all nice and sweet, there are always exceptions. This exception would have to be “Ali Hamza al-Bahlul, who helped al-Qaida produce propaganda and handled media relations for bin Laden and refused to participate in his trial. He was convicted in November 2008 of multiple counts of conspiracy, solicitation to commit murder and providing material support for terrorism, and is serving a life sentence at Guantanamo (AP)”. Currently, About “80 percent of the inmates are now held in a communal camp where improved conditions, including access to classes and 24 satellite TV channels, have resulted in fewer assaults on guards and less tension, according to officials who led reporters on a tour of the prison last week (AP)”.
Speaking in general terms, the military tribunals have always been criticized as being overly in favor of the prosecution. But, as time has passed, many administrations have worked towards fighting this. As of now, there are guidelines that prohibit prosecutors from using any evidence gained trough torture. And yet, even with this, many lawyers and human rights activists argue that the changes have not gone far enough. Although I partially agree here, we have to consider that progress is progress – especially since it looks like this facility is not going to be shutting down any time soon… But like any other news, we shouldn’t take them to heart as they might be simply attempts to sugar-coat the truth. What it ultimately comes down to is what the public has to say about this. If the public decides to leave this issue as is, then things will not change for the better – and the same goes for all the other issues.
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