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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
In reality, the military affords detainees held in
In
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
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
[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
[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
[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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