11 June 2009
Obama on Violent Extremism, Guantanamo Bay Detention Center
Podcast reviews Obama administration’s policies toward detainees
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Narrator:
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In his speech of June 4th in Cairo, President Obama addressed the issue of violent extremism and the related issue of the U.S. detention facility at Guantanamo Bay in Cuba.
President Obama:
“And finally, just as America can never tolerate violence by extremists, we must never alter or forget our principles. Nine-eleven was an enormous trauma to our country. The fear and anger that it provoked was understandable, but in some cases, it led us to act contrary to our traditions and our ideals. We are taking concrete actions to change course. I have unequivocally prohibited the use of torture by the United States, and I have ordered the prison at Guantanamo Bay closed by early next year. “
Narrator:
In an earlier speech of May 21st, in front of about 200 people at the National Archives in Washington, President Obama said the remaining 240 detainees held at Guantánamo Bay, Cuba, will be treated according to the rule of law and American values, but none who pose a danger to American citizens and national security will be released.
The president said that this generation of Americans faces “a great test” when it comes to terrorism and how to treat detainees. Obama laid out a framework for how the United States will proceed in trying those detainees accused of acts of terrorism. The framework aims to conform to accepted U.S. legal practice in how detainees will be confined if convicted by U.S. courts or revised military commissions.
Obama said, quote: “Instead of building a durable framework for the struggle against al-Qaida that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantánamo in the first place was the misplaced notion that a prison there would be beyond the law — a proposition that the [U.S.] Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter terrorism, Guantánamo became a symbol that helped al-Qaida recruit terrorists to its cause. Indeed, the existence of Guantánamo likely created more terrorists around the world than it ever detained.” – unquote.
Right now, 240 detainees are confined at the specially designed military detention center on the U.S. naval base at Guantánamo Bay. The detention center was designated in 2001 by then-President George W. Bush as a facility for holding non-U.S. citizens who were believed to have committed acts of terrorism. It began receiving detainees in early 2002. On January 22, 2009, Obama ordered the facility holding detainees to be closed within one year.
The Obama administration is currently in the process of reviewing each of the detainee cases at Guantánamo. The goal is to determine the appropriate policy for dealing with them. The president said the cases will fall into five distinct categories.
First, when feasible, detainees who have violated U.S. criminal laws will be tried in U.S. federal district courts. Obama noted that terrorists have already been tried in federal courts with U.S. citizens sitting on juries, and those found guilty have been sentenced to U.S. federal prisons.
Second, cases involving detainees who violated internationally recognized laws of war will be tried by a revised military commission system that adheres to U.S. Supreme Court decisions and provides added safeguards for detainees’ rights.
In the third category, 21 detainees who have been ordered released by the federal courts because there is no legitimate reason to hold them further will be released.
Fourth, Obama said, some detainees whom authorities have determined can be transferred to another country, will leave as soon as arrangements can be made. The president said the review team has approved 50 detainees for transfer.
Finally, Obama said, some detainees at Guantánamo cannot be prosecuted, but continue to pose a clear danger to the American people. This is the toughest issue the United States will face, he said. Every effort will be made to prosecute those who can be tried who pose a danger to the United States, but even with that, some cannot be prosecuted for a number of legal reasons, the president said.
The administration has begun to reshape these standards to ensure they are in line with the rule of law. The standards being developed must be lawful and fair, and have a thorough process of review. The administration's goal is to construct a legitimate legal framework for Guantánamo detainees, not to avoid one.
Narrator:
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