Camp Delta Four in the Guantánamo Bay Naval Station, Cuba

Photograph

By: Andres Leighton

Date: July 6, 2005

Source: AP Images.

About the Author: Andres Leighton is a frequent contributor of photographs to The Associated Press, a worldwide news agency based in New York.

INTRODUCTION

This photograph shows a prisoner spending time outside of his cell at a detention camp at the Guantánamo Bay Naval Station, Cuba. The U.S. Navy base at Guantánamo is a coastal inholding that dates to the early twentieth century. Starting in 2002, the U.S. Government began imprisoning alleged terrorists at Guantánamo. Originally, prisoners were stored at a temporary facility called Camp X-Ray, but this facility was closed in 2002 and replaced by Camp Delta, which is shown in the photograph. Camp Delta is actually a complex of seven detention camps. Six of the camps are numbered; Camp Four, shown in the photo, is for compliant prisoners. Prisoners at Camp Four are allowed to wear white clothing and enjoy amenities such as books and showers. It should be noted that journalists cannot photograph the Guantánamo facilities at will; this photograph was reviewed and approved by the U.S. military before being released by the Associated Press.

From 2002 to late 2005, over 750 prisoners had been detained at Guantánamo for some period of time; as of late 2005, over 500 were still held. About five percent of detainees were captured by U.S. forces, while eighty-six percent had been captured by Pakistani or Northern Alliance (Afghani) forces. Only a handful have been charged formally with a crime. The U.S. Government has argued that the Geneva Conventions regarding the treatment of prisoners of war do not apply to the prisoners at Guantánamo and that because they are neither U.S. citizens nor on U.S. territory, no U.S. law applies to their condition. U.S. treatment of prisoners at Guantánamo has been criticized by human rights groups, the United Nations, and the International Committee of the Red Cross. The U.S. Government maintains that its treatment of the detainees has been humane and legal.

PRIMARY SOURCE

CAMP DELTA FOUR IN THE GUANTÁ NAMO BAY NAVAL STATION, CUBA

See primary source image.

SIGNIFICANCE

The legality of the U.S. detention of alleged terrorists at Guantánamo has been repeatedly challenged, with mixed results. In Rasul v. Bush (2004), the U.S. Supreme Court ruled that foreign nationals imprisoned at Guantánamo were entitled to challenge their detention in U.S. courts. In response, the U.S. government began reviewing the status of detainees before military tribunals at Guantánamo. In Hamdi v. Rumsfeld (2004), the Supreme Court ruled that Hamdi, a U.S. citizen, could not be detained indefinitely without trial. Following Hamdi v. Rumsfeld, the government convened a series of Combatant Status Review Tribunals at Guantánamo in order to provide the required review of status. However, the tribunals were widely criticized because in them the accused could not call or cross-examine witnesses, often lacked counsel, and were not allowed to challenge the evidence against them. In February, 2005, a Federal judge ruled in Hamdan v. Rumsfeld (not to be confused with Hamdi v. Rumsfeld) that the tribunals were illegal and that the Guantánamo detainees must be allowed to challenge their detention in U.S. civilian courts, rather than before military tribunals. The decision was appealed, and a ruling was expected from the Supreme Court in June, 2006.

A number of human rights groups have accused the United States of subjecting detainees at Guantánamo to inhumane and degrading treatment, which is forbidden by treaties to which the United States is signatory. In 2005, the International Committee of the Red Cross (ICRC) concluded that some United States practices at Guantánamo were "tantamount to torture." The report, which was delivered confidentially to the U.S. Government, as are all ICRC reports on prison conditions, was leaked to the press.

In April 2005, the United Nations Committee on Legal Affairs and Human Rights released a report entitled "Lawfulness of detentions by the United States in Guantánamo Bay." The Committee concluded that "the circumstances surrounding detentions by the U.S.A. at Guantánamo Bay show unlawfulness on grounds including the torture and cruel, inhuman, or degrading treatment of detainees and violations of rights relating to prisoner-of-war status, the right to judicial review of the lawfulness of detention and the right to a fair trial." The Committee also found that "the U.S.A. has engaged in the unlawful practices of secret detention and 'rendition' (i.e. the removal of persons to other countries, without judicial supervision, for purposes such as interrogation or detention)."

In June 2004, the U.N. Commission on Human Rights appointed a task force to study the situation of Guantánamo detainees. In February 2006, the team accused the U.S. of exposing detainees at Guantánamo to excessive solitary confinement, exposure to extreme heat and cold, exposure to painfully loud noise and painfully bright light, forced shaving, and force-feeding of hunger strikers through nasal tubes. The Commission demanded that the United States close Guantánamo.

Then White House spokesman Scott McClellan replied that prisoner testimony received by the United Nations envoys was false, noting "al-Qaeda training manuals talk about ways to disseminate false information and hope to get attention." U.N. envoys had not visited Guantánamo prior to this statement. They were invited to visit but declined, according to the Commission, because the guidelines laid down by the U.S. military did not allow for confidential interviews with prisoners, which violates Commission guidelines for prison visits. McClellan said that "the military treats detainees humanely, as directed by the President of the United States" and reiterated that "we do not condone torture, and we do not engage in torture."

In May 2006, President George W. Bush said in an interview on German television that he wanted to close Guantánamo, but he was waiting for the Supreme Court's decision in Hamdan v. Rumsfeld.

It was not clear where the prisoners would be transferred to if Guantánamo was closed.

FURTHER RESOURCES

Books

Berkowitz, Peter, ed. Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases. Palo Alto: Hoover Institution Press, Stanford University, 2005.

Saar, Erik. Inside the Wire: A Military Intelligence Soldier's Eyewitness Account of Life at Guantánamo. New York: Penguin Press, 2005.

Periodicals

Farley, Maggie. "Report: U.S. Is Abusing Captives." The Los Angeles Times. February 13, 2006.

Lane, Charles. "Court Case Challenges Power of President: Military Tribunals' Legitimacy at Issue." The Washington Post. March 26, 2006.

Leonnig, Carol. "Judge Rules Detainee Tribunals Illegal." The Washington Post. February 1, 2005.

Lewis, Neil A. "Red Cross Finds Detainee Abuse in Guantánamo." The New York Times. November 30, 2004.

Web sites

CBS News. "Bush Says He Wants to Close Guantánamo." May 9, 2006. 〈http://www.cbsnews.com/stories/2006/05/08/politics/main1596464.shtml〉 (accessed May 9, 2006).

Council of Europe. "Lawfulness of detentions by the United States in Guantánamo Bay." April 8, 2005. 〈http://assembly.coe.int/Documents/WorkingDocs/Doc05/EDOC10497.htm〉 (accessed May 9, 2006).

Reuters. "UN Torture Panel Presses U.S. on Detainees." April 18, 2006. 〈http://go.reuters.com/〉 (accessed April 20, 2006).