San Diego Union-Tribune

CRITICS FRUSTRATED AS GITMO PRISON TURNS 20

Biden has pledged closure, but has yet to move on promise

- BY BEN FOX

Advocates for closing the Guantanamo Bay detention center were optimistic when President Joe Biden took office. And they were relieved this summer after the U.S. released a prisoner for the first time in years. Many are now increasing­ly impatient.

In the months since that release, there have been few signs of progress in closing the notorious offshore prison on the U.S. base in Cuba. That has led to increased skepticism about Biden’s approach as the administra­tion completes its first year and the detention center reaches a milestone Tuesday — the 20th anniversar­y of the first prisoners’ arrival.

“President Biden has stated his intention to close Guantanamo as a matter of policy but has not taken substantia­l steps toward closure,” said Wells Dixon, an attorney with the New Yorkbased Center for Constituti­onal Rights, which has long taken a leading role in challengin­g the indefinite confinemen­t without charge at the base.

“There’s a lot of impatience and a lot of frustratio­n among advocates and people who have been watching this,” said Daphne Eviatar, director of the security with the human rights program at Amnesty Internatio­nal USA.

Without a more concerted effort, those who want the center to close fear a repeat of what happened under President Barack Obama. Obama made closing Guantanamo a signature issue from his first days in office, but managed only to shrink it in the face of political opposition in Congress.

There are 39 prisoners left. It’s the fewest since the detention center’s earliest days, when the initial groups, suspected of having a connection to al-Qaeda or the Taliban, arrived on flights from Afghanista­n to what at the time was a sleepy U.S. outpost on the southeaste­rn coast of Cuba.

Guantanamo became the focus of internatio­nal outrage because of the mistreatme­nt and torture of prisoners and the U.S. insistence that it could hold men indefinite­ly without charge for the duration of a war against al-Qaeda that seemingly has no end. The critics grew to include Michael Lehnert,

a now-retired Marine Corps major general who was tasked with opening the detention center but came to believe that holding mostly low-level fighters without charge was counter to American values and interests.

“To me, the existence of Guantanamo is anathema to everything that we represent, and it needs to be closed for that reason,” Lehnert said.

At its peak, in 2003, the detention center held nearly 680 prisoners. President George W. Bush released more than 500 and Obama freed 197 before time ran out on his effort to whittle down the population.

President Donald Trump rescinded the Obama order to close Guantanamo, but largely ignored the place.

Of the remaining prisoners, 10 face trial by military commission in proceeding­s that have bogged down for years. They include Khalid Sheikh Mohammed, the selfprocla­imed mastermind of the Sept. 11, 2001, attacks.

There are 13 who have been cleared for release, including eight under Biden who could now be returned to their homeland or resettled elsewhere. Two dozen have not been cleared and have never been charged.

A senior Biden administra­tion official, speaking on condition of anonymity to discuss internal policy, said the National Security Council is “actively” working with the Defense, State and Justice department­s and other agencies to reduce the population within restrictio­ns imposed by Congress. The restrictio­ns include a ban on returning prisoners to certain countries, including Yemen and Somalia, or sending any to the U.S., even for further imprisonme­nt.

The official said the administra­tion is committed to closing the detention center, an effort it “jump-started” after four years of inaction under Trump.

Critics want the Biden administra­tion to get busy repatriati­ng or resettling the detainees who have been cleared and to restore a State Department unit devoted to the effort that was eliminated under Trump.

“Until I see some visible signs that the administra­tion is going to do something about it, I am not heartened,” said Lehnert. “If there is somebody in charge of closing Guantanamo, I have not talked to anybody that knows who they are.”

 ?? BEN FOX AP FILE ?? An Army captain walks outside unoccupied detainee cells at Guantanamo Bay, Cuba.
BEN FOX AP FILE An Army captain walks outside unoccupied detainee cells at Guantanamo Bay, Cuba.

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