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LINK: RESTORING THE RULE OF LAW: STOP RISKING SOLDIER SAFETY IN GUANTANAMO BAY

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On Tuesday, September 16, 2008, I was honored to testify before Congress (Senate Judiciary Committee) in Washington D.C.  The topic was Restoring the Rule of Law.   Many critics claim that Guantanamo Bay is a legal black hole, and they seek to close the detention camp.  I’ve served in Guantanamo Bay, and I disagree. 

In reality, the military affords detainees held in Guantanamo Bay more rights than POWs would receive under the Geneva Conventions; while adopting rules that tie the hands of soldiers running the detention camp and put them at risk for serious harm.  I think – and I told Congress – that the U.S. should restore the rule of law, to protect the troops, by doing several things – including allowing U.S. prison guards to search detainees’ qu’rans for weapons.   

            In Guantanamo Bay, the U.S. Military requires religious accommodation in a way that risks the safety of soldiers.  Without any legal obligation to do so, it issues various religious items to each detainee, including a copy of the Qu’ran.  But, incredibly, it forbids military prison guards in charge of the facility from even touching the Qu’rans for any reason. [1]  Not surprisingly, detainees have figured this out and use the Qu’ran to hide weapons, which they use to viciously attack military prison guards.  Attacks against prison guards have risen to eight a day.  In one year, detainees stabbed military troops with homemade knives 90 times, including attacking a doctor administering aid. (Incidentally, now doctors wear body armor when they treat detainees.)[2] 

According to one military police officer who served in Guantanamo Bay, detainees brandish their home-made shanks to threaten U.S. troops, and then quickly shove them back into the Qu’ran, where they know are “off limits” to guards.  Even in this situation, the guard may not touch the Qu’ran to confiscate the weapon.

            A similar incident occurred at Camp Bucca, another U.S. run detention camp that is located in Southern Iraq.  At Camp Bucca, the military erected a tent as a mosque for the detainees and designated it off-limits to U.S. prison guards running Camp Bucca.  The detainees were doing more than praying in their “mosque.”  They used their makeshift mosque as a weapons cache, where they stashed concrete-shards that they had dug from the concrete around tent poles, and home-made bombs that they had made using things the U.S. had given to them.  The prisoners attacked Camp Bucca from the inside out and the U.S. military had to call for back-up to gain control of its own prison camp!   

What does the law say about religious accommodation in prisons?  The Geneva Conventions say that POWs must follow the military disciplinary routine of their captors in order to preserve their right to religious latitude.[3  This is similar to the standard applied In U.S. prisons.  In O’Lone v. Estate of Shabazz,[4] the Supreme Court said that prison officials could impinge on prisoners’ right to exercise their religion for reasons related to legitimate prison management. 

The U.S. should restore the rule of law in Guantanamo Bay, and other U.S. operated detention camps by following the Geneva Conventions and allowing U.S. prison guards to search all items in detainee cells, including the Qu’ran.  No place, or item, within our own prison camps should be off-limits to our guards.  Doing so is extremely dangerous; neither International nor U.S. law require or authorize this unusual accommodation. 

 


[1] Third Geneva Convention, Relative to the Treatment of Prisoners of War Chapter V, Article 34, August 12, 1949, stating, “Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.  Adequate premises shall be provided where religious services may be held.” 

[2] O’Lone v. Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987), on remand 829 F.2d 32 (3d Cir. 1987).


[3 Army Command Sergeant Major confirmed this fact in June 2005, when he testified before Congress.  He stated that certain items remain “off-limits” to guards in Guantanamo Bay.  He stated, “The rule of thumb for the guards is that you will not touch the Qu’ran. . . that’s the bottom line.”  Kyndra Rotunda, Honor Bound Inside the Guantanamo Trials (Carolina Academic Press, 2008), citing Donna Miles, Joint Task Force Respects Detainees Religious Practices, Department of Defense, American Forces press Service, June 29, 2005. 

[4] Kyndra Rotunda, Honor Bound: Inside the Guantanamo Trials (Carolina Academic Press, June 2008), discussing and citing Richard Miniter, Deadly Kindness, New York Post, September 15, 2006. 

 

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I have managed to avoid Gitmo. I did do some time at Abu Ghraib. This is one issue I heatedly disagree with John McCain on. First, these terrorists are not citizens of a country that signed the Geneva Convention. Plain and simple. If you are caught engaging our troops, making bombs, drawing up plans, spotting, recording the IEDs, whatever, you should have no rights except what we allow you to have. The CIA, not operating under the DoD has different rules. I have to abide by ridiculous idiocy. Our entire Field Manual on interrogation is available online on non-secure sites. No mystery, no problem. McCain or I or you will almost certainly have differing views on what constitutes torture. There are many ways to torture that do not cause physical agony. When is the last time an American(s) hijacked an airplane and flew it into another country's skyscraper? When is the last time an American went to another country and set explosives in the basement of an iconic symbol and tried to blow it up? When is the last time an American floated out on a small boat to another country's naval vessel and blow a hole in it? When is the last time an American decapitated someone on the internet? Do not come at me with the argument that harsh methods make us just like them. That dog won't hunt. We have no mystery anymore. Even if we are not using harsher methods, we need to at least plant the thought in their minds "what will they do?". The Manchester Document ensured they know our playbook. The hands of the interrogator are tied. I know, I've done hundreds. These terrorists do not deserve rights. They deserve to be milked for information and executed. Instead, they have their comfort items and attornies to make a mockery of the sacrifice of America's finest. John McCain did break. I greatly admire his service and his courage. But he eventually broke as 99.9% will. We have to have the tools available to us to protect our country. Glad-handing these miscreants only encourages them and gives them the perception that we are weak and lack the courage of our convictions. America does not need to know what methods are used. Regular folks probably agree that the little angels are treated a little too fairly. They would slaughter us all if they had the chance. It is time to start treating them that way. Jack Nicholson said it best in A Few Good Men. "You sleep under the blanket of freedom I provide and question the manner in which I provide it. I'd prefer you just said thank you and went on your way". Let us handle it, keep you safe and let you live your lives without fear. The gloves have to come off. There must be a deterrent besides 3 hots and a cot and a Koran and a prayer rug and a mosque. Wake up McCain.
>> Andy G
This user is an premium member.
Thursday, October 23, 2008, 3:15 pm
Thank you for your insight. It never ceases to amaze me that the left and center do not really understand that we are fighting an enemy that will not play by a set of rules, which also shows the god that they are serving....
>> Bill Voelp
This user is an premium member.
Monday, November 10, 2008, 11:49 pm
The bottom line is that we are at war because we have not had the homeland attacked few think about the risks we face. The latest tragedies in India and elsewhere should reminds us all that the risk is still high. What do we do if we lose a city, at least economically as almost happened in New York. Yet many of our fellow citizen do not believe that we are facing a ruthless enemy at all, but some conglomeration of downtrodden victims. We are at war against a very evil, ruthless and patient enemy. We should not underestimate them in the slightest. They are fighting an asymmetrical, insurgent war against the USA. Insurgency warfare was difficult for us to accept during Vietnam. Many totally lack enough imagination to understand we are now fighting a world wide war of insurgency. The first trap we slowly fell in after Vietnam was the dismantling and the political correction of our intelligence services in and outside the military. Human intel programs were all but eliminate. This latest appointment to run CIA by President-elect Obama is a step back in time and the first huge mistake of his pending presidency. If you do not understand asymmetrical and insurgency warfare you must take the time to read several good works that have been published. Then imagine such a war on an international scale funded by petrol dollars. Remember that if 90% of the 1.3 billion Muslims in the world are peace loving and desire only to be left alone, that still leaves a huge base from which our enemies can recruit.
>> edirby
This user is an regular folk member.
Tuesday, January 6, 2009, 12:01 pm

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