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New York Times
October 16, 2003
The American Prison Camp
The complete article may be purchased from the New York Times
archives at-- http://query.nytimes.com/gst/abstract.html?res=F30711FB3D5A0C758DDDA90994DB404482
Excerpts--
The International Committee of the Red Cross recently took the unusual step
of publicly criticizing the United States over the confinement of the roughly 660 detainees at the Guant疣amo naval
base in Cuba. ...
Why are the men still without trial, still without rights? The Bush administration
has two justifications. One is, in essence, self-defense: in the war on terrorism, in which the security of the United States
is in mortal danger, normal rules cannot apply. The other, more narrow, is about legality: the Taliban and Al Qaeda are not
combatants in traditional or legal terms, and are therefore not eligible for the protections due to prisoners of war under
the Geneva Conventions.
Both arguments miss the point. ...
That the Pentagon should be allowed to run this prison camp in total secrecy
and in utter disdain of what America stands for should be heavy on the conscience of all Americans. ...
... With Guant疣amo, the administration has gone far beyond the needs
of the moment, seeking to ensure in every way possible that the prisoners remain indefinitely beyond the reach of law or scrutiny.
Copyright
2004 The New York Times Company
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International Committee of the Red Cross
Guantanamo Bay: Overview of the ICRC's work for internees
30-01-2004 Operational update
Excerpts--
In mid-August 2003 the ICRC began a new visit to internees held at the US-run detention facility at
Guantanamo Bay. The work has been continuing since the internees began arriving there in January 2002.
The following article explains why and how the ICRC carries out these visits and why it is concerned
about the impact the seemingly open-ended detention is having on the internees:
Aim of the visits:
People held as a result of conflict or armed violence are
protected by international humanitarian law, and should be treated humanely. The US Government refused to grant any
internee in Guantanamo the status of Prisoner of War. All the same it said it would treat them "...humanely and, to the
extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Third Geneva
Convention of 1949." ( White House Fact Sheet ) ...
The role of the ICRC, as an independent, non-judgemental humanitarian organisation, is to regularly
assess the facilities, speak with the internees, and to maintain an ongoing dialogue with the US authorities in order to offer
observations and make recommendations where appropriate. While the ICRC monitors the conditions of internment at Guantanamo,
the responsibility for ensuring that persons held there are indeed treated humanely lies with the US authorities. ...
Legal concerns:
For the ICRC, the question of the legal status of the persons
held at Guantanamo Bay and the legal framework applicable to them remains unresolved.
The ICRC's main concern
today is that the US authorities have placed the internees in Guantanamo beyond the law. This means that, after more than
eighteen months of captivity, the internees still have no idea about their fate, and no means of recourse through any legal
mechanism.
Through its visits, the ICRC has been uniquely placed to witness the impact this uncertainty has had on
the internees. It has observed a worrying deterioration in the psychological health of a large number of them. This has prompted
the ICRC to ask the US authorities to institute a due legal process in accordance with the judicial guarantees stipulated
by international humanitarian law. This process should formalize and clarify the fate of each and every individual in Guantanamo
and put an end to the seemingly open-ended system of internment that currently exists. The ICRC has also asked the US authorities
to implement significant changes at Guantanamo Bay.
The US has the right to legally prosecute any internee
at Guantanamo Bay suspected of having committed war crimes or any other criminal offence punishable under US law. ...
Military Commissions:
The US had publicly announced its plans to set up military
commissions to try at least some of the internees at Guantanamo.
International humanitarian law stipulates
that any proceedings against detainees should respect fundamental judicial guarantees, such as the presumption of innocence,
the right to be tried by an impartial and independent tribunal, the right to competent legal counsel and the exclusion of
any evidence obtained as a result of torture or other cruel, inhuman or degrading treatment.
The ICRC is following
the evolution of the military commissions closely and has opened a dialogue with the US authorities to discuss the issue in
more depth and raise any concerns it may have. ...
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