Five years on, US holds firm to stance on prison

Jan 12, 2007, 2:35 GMT

Washington - The 20 captives, their faces covered by hoods, their bodies stooped over moved across the airfield at Kandahar.

They look like a row of ghosts, but are chained together, barely able to move. Another image of the men later shows them behind bars kneeling on the floor in pyjama-like clothing, their heads hanging so low they nearly touch the floor.

These are images that aren't easily forgotten, even five years later.

The 20 prisoners were the first brought to Guantanamo Bay in Cuba from Afghanistan as part in the US war on terror. The number of prisoners held as suspected Taliban and al-Qaeda members quickly swelled. That number is now nearly 400.

Since the first prisoners arrived five years ago this week (on January 11, 2002) international criticism has also grown over the legal vacuum for prisoners created by the US government. The Bush administration has defended its actions, saying the prison has made the country and the world safer after the September 11, 2001, terrorist attacks.

Reports of abuse and humiliation at the prison, which is located on a US Marine base on the western tip of Cuba, have raised the level of concern in the international community. Early this month one such report was issued by the US Federal Bureau of Investigation, which said its employees had witnessed such incidents of cruelty.

In one example, prisoners were left on the floor of the interrogation room bound in the fetal position for more than a day without food or water.

Though a large segment of the international community considers such methods torture and views the prison, in which most prisoners are waiting without the prospect of a trial, as a blot in the US handling of its war on terror, the complaints have fallen on deaf ears.

Demands from foreign leaders, including German Chancellor Angela Merkel, for the prison to be closed have been rebuffed. US President George W Bush reiterated a few months ago that the US would like to close the prison, but that it remained necessary to protect the country.

The most dangerous prisoners are being held at Guantanamo, Bush said.

Indeed there is no end in sight to the detention of most Guantanamo prisoners. A new high security prison has gone into operation on the grounds.

Meanwhile, millions of dollars will be spent on meeting the logistical requirements for planned military tribunals. These will be the first court cases heard at Guantanamo in the course of the anti- terror campaign.

But the proceedings apply only to a few dozen prisoners who are to be tried as war criminals. The US has claimed the right to treat the remaining majority of prisoners as enemy combatants, who have no right to a trial, and plans to hold them indefinitely.

As Human Rights Watch noted sarcastically, some of the prisoners could celebrate January 11 as a five-year anniversary. They've been at Guantanamo that long with dwindling chances even to see a lawyer. The US Congress passed and Bush signed a law in October that denies the prisoners who are classified as enemy combatants the writ of habeas corpus, a centuries old legal right saying a prisoner has a right to contest illegal imprisonment.

The US government never misses a chance to emphasize that the prisoners in Guantanamo are being humanely treated. To substantiate this, it is running a public relations campaign. In addition to members of Congress and representatives of various international organizations, journalists also have been invited to visit the prison.

The facility is different from five years ago when the first prisoners arrived at Camp X-Ray, a quickly constructed set of cages like those used to hold zoo animals. Now, prisoners are protected from the glaring sun and sleep on mattresses. Those with 'good behaviour' are given a copy of the Koran along with toilet paper, toothpaste and other toiletries.

Especially compliant prisoners are allowed to sleep in group cells. These prisoners are given a selection of meals and books. Access to medical procedures from colonoscopies to cancer treatment and behavioural therapy for prisoners with mental illness also is available.

But critics say the most important 'therapy' is not offered: a perspective on their future.

In light of the criticism, the US has increased efforts to repatriate prisoners. But US officials have discovered some of the prisoners' home countries don't want them back, including some countries that have criticized the prison.