Lost in the shuffle during a week where the NSA scandal has dominated headlines is more news coming out of Guantanamo Bay. On Monday, the government released the identity of Guantanamo’s “indefinite detainees,” or those who the government has deemed too dangerous for release regardless of whether they can be tried in a military court. The government has already announced that a number of these detainees will be held indefinitely even though they cannot be tried due to lack of evidence. The names have been kept secret since 2009 when multiple agencies investigated files on detainees in order to support President Obama’s initial effort to close the Guantanamo Bay Detention Center. Normally these detainees could not be constitutionally held without the possibility of trial, but in 2001 Congress authorized the practice with the “Authorization of Military Force” bill.
Human rights groups including Human Rights Watch and Amnesty international have condemned the idea of “indefinite detainees,” calling for the release of all prisoners that the government has no intention of trying in a court of law. Some men on the “indefinite detainees” list are actively involved in the well-documented hunger strikes. At least two, both Afghani men, are deceased, with one committing suicide and the other dying of natural causes in Camp 6. While the practice of holding detainees without the possibility of trial may be controversial, the release of their identities is a small step towards the transparency and legitimacy that human rights groups have been calling for in recent years.
In other Guantanamo-related news, pre-trial hearings for five men accused of plotting the September 11th attacks resumed on Monday, four months after CIA listening devices were discovered in conference rooms used by the detainees’ attorneys. Included in this group is Khalid Sheik Mohammed, the alleged mastermind of the attacks. The hearings included statements from defense attorneys claiming that CIA personnel tortured the detainees while they were being held in overseas prisons prior to their transfer to Guantanamo Bay. They have also filed motions to dismiss the case due to meddling by senior military officials.
Also present in the courtroom were two victims and family members of three other victims that perished in the attacks. The observers met with prosecutors and defense attorneys earlier in the week and pleaded for a quick and efficient trial. At least one victim, a firefighter who was injured by falling rubble in the aftermath of the attacks, is expected to testify on behalf of the prosecution. As one could imagine, the trials will probably not be very speedy. Detainee trials at Guantanamo have been ridiculed for many reasons, one of the biggest being that they are inefficient and often take years to complete. These particular observers have been waiting on an outcome for some twelve years. Although the trials are resuming, we may have to wait a lot longer to see a resolution.
Chris Whitten, Research Fellow
Center for Policy and Research