Trials at Gitmo: Scarce, Ineffective, Wasteful, and Not Due Process
You are Cleared for Release — No Charges Filed
Gitmo Facts and
Figures:
- 403: Individuals tried/convicted of terrorism in 37 states; most serving life.
- 779: Detainees held at the
- 600: Roughly 600 released without charges, many after many years.
- 155: Number of detainees remaining at
- 86:
Number of the 155 detainees approved for transfer but remain at
- 15:
Number under age 18 who were imprisoned at
- 9:
Number at
- 7: Number convicted by military commissions after trial or plea bargain.
- 6: Of 155 only six: Abd al-Rahim al-Nashiri and 5 9/11 co-defendants face charges.
Note: There also is a lot of confusion and a disconnect
about the exact number of detainees released and “returned to the battlefield.”
The numbers all over the map — take look here ... The numbers range from 6 or so to a few dozen
to who knows? A: No one knows for sure … too much confusion about names,
spelling, and actual tracking since we don’t get their active duty roster or
KIA reports.
Why there are no large number of prosecutions at Gitmo: First and foremost, blame Congress... cite:
Over the past two years, Congress has enacted legislation blocking the transfer of detainees at
FYI - Since
the September 11, 2001 attacks, New York University's Center on Law and
Security reports that 578
terrorism-related cases, inspired by Jihadist ideas have been prosecuted
in US federal courts (FACTS AND FIGURES: 2001-2011). During that same period the military commissions in Guantanamo
have completed only seven cases.
Now just imagine if North
Vietnam had played by current GOP rules
regarding prisoner swaps with our POW’s? Think seriously hard about that
question. The hard data
follows.
The Detainees:
Total
number of detainees ever incarcerated at Guantánamo: 779
Detainees
released under President Bush: over 500
Detainees
at start of Obama Presidency: 242
Number of
242 detainees approved for release: 126
Detainees
transferred, repatriated or resettled under Obama: 72
Detainees
transferred to US for prosecution: 1
Detainees
who died in custody since January 2009: 4
Detainees
currently held at Guantánamo: 166
Remaining
detainees approved for release: 86
Detainees
convicted by military commission before 2009 and still held at Guantánamo: 1
Detainees
Obama designated for trial including those tried since January
2009: 36
Detainees
Obama designated for indefinite detention without charge or trial: 46
Yemenis not
included in above totals under conditional detention: 30
Number of
countries that have accepted Guantánamo detainees: 52
Financial Costs:
Yearly cost
to U.S. taxpayers of a federal prisoner: $25,000
Yearly cost
to hold each captive at Guantánamo instead of federal prison: $800,000
Annual cost
to operate Guantánamo: Approximately $150 million
Federal Courts &
Challenges to Military Commissions:
Federal court convictions since 9/11 on terrorism-related
charges: Nearly 500
Detainees convicted by GTMO military commission: 7
Detainees prosecuted in U.S. federal courts: 1 -- Ahmed
Ghailani
Detainees federal courts have determined were being held
unlawfully: 38
Detainees who have lost their Habeas Corpus petitions
challenging their detention: 21
Times military commissions have been re-vamped: 3
Cases involving detainee rights that have gone before the U.S.
Supreme Court: 4
Times Supreme Court Justices have sided with the detainees: 4
Federal Prisons
Holding Terrorists:
Convicted of terrorism-related
charges being held in U.S. prisons: 355
Convicted
of terrorism and escaped from any federal prison system: 0
Deaths in Custody:
Detainees who have died at Guantánamo: 9
Additional History:
First detainees brought to Guantánamo: January 11, 2002
Last known arrival: March 14, 2008
Last known departure: September 29, 2012
Military commissions first established:
November 13, 2001
Bounties paid by Bush to anyone handing over possible terror
suspect: $3,000 to $25,000
Original post starts here from the Washington Post one year ago: For 86 prisoners held at Gitmo, their plight is almost Kafkaesque in its cruel absurdity.
The United States believes these 86 should be released since they have been cleared for release years ago and since they have not been found guilty of any crime and are not an immediate threat. The reason: diplomatic and political hurdles are out of their control and used as roadblocks.
The Obama administration doesn't want to keep these prisoners locked up in Gitmo, which is both politically and diplomatically costly, not to mention antithetical to Obama's stated desire to close the prison. However, Congress has forbidden them from being transferred to anyplace on U.S. soil.
Although the Obama administration had searched for foreign countries to which the detainees could be released, it appears to have since given up, having closed the office responsible for finding those countries willing to take them - including their native countries.
This from a man who knows Gitmo, he asks: "Should we close Gitmo? Absolutely. It’s a blight on our history and I say this as a man who helped create it” said retired General Michael Lehnert, who 12 years ago was given orders to build cells at the naval base at Guantanamo Bay, which the United States has “leased” from Cuba for more than 100 years. Gen. Lehnert now says that in the wake of the 9/11 attacks the opening of Guantanamo was understandable, but can now be seen to be a tragic mistake.
Just imagine if this were North Vietnam and they still held American detainees there ... would we tolerate such treatment? Very doubtful. Plus, the fact that the military tribunals at Gitmo have been very ineffective vis-á-vis civilian courts.
This is a huge stain on the country that is not apt to disappear anytime soon. Whose fault - check the nearest mirror, Mr. and Mrs. Congressional Member.
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