Gates making plans to close Gitmo; tribunals must go too

Human rights organizations and activists around the world have for years been calling for closure of the U.S. military prison at Guantanamo Bay, Cuba, which has become a symbol of abuse and injustice in the "war on terror".

And now it looks as though Obama might keep his promise to close it.

From Reuters:

The Pentagon is working on a plan to shut the U.S. military prison at Guantanamo Bay, Cuba, that would be available to President-elect Barack Obama when he takes office on Jan. 20, a defense official said on Thursday.

U.S. Defense Secretary Robert Gates has asked his staff to come up with an assessment of what it would take to shutter the prison camp that has become a blemish on the international reputation of the United States.

"If this is one of the president-elect's first orders of business, the secretary wants to be prepared to help him as soon as possible," Pentagon press secretary Geoff Morrell told reporters.

Good. But with closure of Gitmo comes the question of what to do with the detainees.

Gates and the Obama administration should not try to transfer Gitmo's unlawful detention practices and kangaroo court system along with the prisoners. We can do better. We can stand for justice again, for a change.

To that end, four leading rights organizations -- the ACLU, Amnesty International USA, Human Rights First, and Human Rights Watch -- have delivered a joint three-page letter to the presidential transition team.

Here is an excerpt:

Our groups firmly advocate an unqualified return to America’s established system of justice for detaining and prosecuting suspects. We categorically oppose the creation of any other ad-hoc illegal detention system or "third way" that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantánamo on-shore.

As you know, the Geneva Conventions allow for the detention of enemy soldiers captured on the battlefield until the cessation of international armed conflict. But what is new - and altogether radical - is the notion that a wartime detention model can be applied to something as amorphous as a "war on terror" that lacks a definable enemy, geographical boundary, or the prospect of ending anytime soon. If a conflict exists everywhere and forever, empowering the government to detain combatants until the end of hostilities takes on a whole new and deeply disturbing meaning.

We are confident that when you take office, you will immediately set a date certain for closing Guantanamo. The new Justice Department should conduct a fresh review of all detainee records to determine whether there is legitimate evidence of criminal activity. Where there is not, detainees should be repatriated to their home countries for trial or release. If there is a risk of torture or abuse in their home countries, they should be transferred to third countries that will accept them or admitted to the United States.

Where evidence of criminal activity does exist, detainees should be prosecuted in traditional federal courts. Contrary to the views of proponents of detention without trial who argue that America’s existing courts can’t handle terrorism prosecutions, the United States justice system has a long history of handling terrorism cases without compromising fundamental rights of defendants while accommodating sensitive national security issues. In fact, a recent analysis of more than 100 successfully prosecuted international terrorism cases conducted by two former federal prosecutors for Human Rights First found that "the justice system . . . continues to evolve to meet the challenge terrorism cases pose." Our courts have proven that they can handle sensitive evidence. The Classified Information Procedures Act (CIPA) outlines a comprehensive set of procedures for federal criminal cases involving classified information. Applying CIPA over the years, courts have successfully balanced the need to protect national security information, including the sources and means of intelligence gathering, with defendants' fair trial rights.

>> Read the full letter.

Fingers crossed in hopes that Obama and Gates will take these points into consideration while making their plans. Only then might we see change we can truly believe in.