I still have faith in President Barack Obama but there are some things that cannot just be ignored. His executive order in January was to close the disgrace that is Guantanamo Bay within one year – the holding pen of America’s hypocrisy. He had inherited two wars, a wrecked economy, a huge national debt and a slew of other nasty issues – like health care reform. Inside America’s holding pen were 21 men – waiting for justice.
But the fact is that Guantanamo, or Gitmo for the military types, continues even after seven years of operation to undermine some of the more flattering elements that make up the US Constitution.
Aside from the obvious human rights violations (“evidence” obtained through torture) that occur under US watch, detaining individuals without charge tosses out liberty and due process of law. What’s more, detaining someone without charge creates the potential for widespread abuse by those who administer this supposed authority.
The military commissions before Obama were a disaster and were essentially rigged to make sure those who went through them would either end up strapped to a chair or live the remainder of their lives behind bars. Only three ever came to term and none implicated in the 9-11 attacks were ever tried. So when Obama reinstated the commissions in May, he caved in and essentially threw out the rule of law in favor of fear and the what ifs.
Perhaps just as a sad is that the US federal court system is perfectly well equipped, competent, and adequate to deal with these detainees. Terrorism suspects Zacarias Moussaoui, Ahmed Ressam, Abdel Rahman, and Jose Padilla all went through the federal court system – so why not the detainees?
Those who argue against using the federal court system cite the danger of possibly disclosing classified information in a public hearing. But the Classified Information Procedures Act (CIPA) outlines a comprehensive set of procedures for federal criminal cases involving classified information.
For more information check out Human Rights First here.