Tuesday, May 31, 2005

The media is letting the White House again dictacte the storyline with regards to the Amnesty Internaitonal human rights report. As long as the issue continues to be the "gulag" controversy, Amnesty's actual charges get obfuscated. Here is some of what the report says

Hundreds of detainees continued to be held without charge or trial at the US naval base in Guantánamo Bay, Cuba. Thousands of people were detained during US military and security operations in Iraq and Afghanistan and routinely denied access to their families and lawyers.

Military investigations were initiated or conducted into allegations of torture and ill-treatment of detainees by US personnel in Abu Ghraib prison in Iraq and into reports of deaths in custody and ill-treatment by US forces elsewhere in Iraq, and in Afghanistan and Guantánamo. Evidence came to light that the US administration had sanctioned interrogation techniques that violated the UN Convention against Torture.

...

By the end of the year, more than 500 detainees of around 35 nationalities continued to be held without charge or trial at the US naval base in Guantánamo Bay on grounds of possible links to al-Qa’ida or the former Taleban government of Afghanistan. While at least 10 more detainees were transferred to the base from Afghanistan during the year, more than 100 others were transferred to their home countries for continued detention or release. At least three child detainees were among those released, but at least two other people who were under 18 at the time of their detention were believed to remain in Guantánamo by the end of the year. Neither the identities nor the precise numbers of detainees held in Guantánamo were provided by the Department of Defense, fuelling concern that individual detainees could be transferred to and from the base without appearing in official statistics.

In a landmark decision, the US Supreme Court ruled in June that the US federal courts had jurisdiction over the Guantánamo detainees. However, the administration tried to keep any review of the detainees’ cases as far from a judicial process as possible. The Combatant Status Review Tribunal (CSRT), an administrative review body consisting of panels of three military officers, was established to determine whether the detainees were “enemy combatants”. The detainees were not provided with lawyers to assist them in this process and secret evidence could be used against them. Many detainees boycotted the process, which by the end of the year had determined that more than 200 detainees were “enemy combatants” and two were not and could be released. The authorities also announced that all detainees confirmed as “enemy combatants” would have a yearly review of their cases before an Administrative Review Board (ARB) to determine if they should still be held. Again, detainees would not have access to legal counsel or to secret evidence. Both the CSRT and the ARB could draw on evidence extracted under torture or other coercion. In December, the Pentagon announced that it had conducted its first ARB.

The government informed the detainees that they could file habeas corpus petitions in federal court, giving them the address of the District Court in Washington DC. However, it also argued in the same court that the detainees had no basis under constitutional or international law to challenge the lawfulness of their detention. By the end of the year, six months after the Supreme Court ruling, no detainee had had the lawfulness of his detention judicially reviewed.
And don't forget this little "absurdity" reported two weeks ago in the New York Times: "In US Report, Brutal Details of 2 Afghan Inmates' Deaths."

# posted 1:50 PM