PUBLIC PRESSURE IS finally building on President Obama to fulfill his promise to close the Guantanamo prison, which still houses 166 miserable leftovers from the Bush-Cheney “war on terror.” That pressure is well-placed. Gitmo has been a disaster from the beginning. Christians and other people of faith must join in calling for its closure.
Detainees were originally shipped to Gitmo in the vain hope of avoiding the reach of the U.S. judiciary. In this sense Gitmo was conceived in Constitution-evading sin. The Supreme Court rejected the evasion in 2006, but the damage was already done.
Some of the detainees brought to Gitmo were tortured. This has been confirmed by numerous sources, including a leaked 2006 Red Cross report and the 577-page report of a bipartisan blue-ribbon detainee panel organized by The Constitution Project, on which I served.
More than half of the remaining detainees have been cleared for release, but for domestic and geopolitical reasons they continue to be held. More than 100 of them are currently on a hunger strike, with dozens being force-fed, a practice that violates both American Medical Association and World Medical Association standards and which our Detainee Task Force condemned unequivocally.
Some detainees cannot be tried because the evidence against them was obtained by brutal or torturous means and is tainted or would be embarrassing to the U.S. Others are slated for trials in novel military commissions whose legal problems are so severe that they have not proceeded. Civilian trials on U.S. soil were blocked in 2009 by a fearful, recalcitrant Congress. So 166 men are held in limbo indefinitely, without trial and without foreseeable prospect of release. This is unconstitutional and a violation of the most basic legal and human rights.
There are many lessons to be learned from this debacle, especially if one searches deeply into its origins.