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Guantanamo Bay: “Legal Equivalent of Space”

Guantanamo Bay: “Legal Equivalent of Space”

 How did the United States determine where suspicious “terrorists” could be detained after 9/11 without legal protection? 4,444 protesters disguised as Guantanamo Bay Detainees march past the Capitol in Capitol Hill, Washington. Protesters disguised as prisoners march past the Capitol  in Washington, DC, during a rally to the US military prison in Guantanamo

Immediately after the attack, the Bush administration sought a way to show the American people that the United States was doing everything in its power to bring the responsible person to justice.

 Military action in Afghanistan began with Operation Enduring Freedom on October 7, 2001, less than a month after September 11, 2001. The United States has hunted down those blamed for the most deadly “terrorist” attacks on its soil. Finding them was one thing, what to do with them was completely different.

US officials have denied plans to send Haitian immigrants to Guantanamo Bay

As with other so-called “war on terror” policies, including “strengthening interrogation,” as with the “war on terror” policy, lawyers were first consulted. Meanwhile, the  State Department was enthusiastic about finding a suitable place to house what then-Secretary of Defense Donald Rumsfeld described as “worst and worst.”

Many things will have to be done quietly`

Badmen: Clive Stafford Smith, a human rights lawyer and director of the judicial campaign group 3DC in Guantanamo Bay and a secret prison, talks about Newsweek’s article about State Department lawyer David Bowker discussing his work on the committee. I will report. Suspicious “terrorist” rights.

 Bowker told Newsweek that their goal was to find a “legally equivalent universe” that was beyond the scope of the US judicial system.

 It was important to find a place where detainees did not have legal rights, as non-US citizens still enjoyed constitutional rights on American lands.

In any case, al-Qaeda was considered an enemy of the global “war on terrorism”, giving the Bush administration the flexibility to deal with those who were considered prisoners of war rather than criminals.

Guantanamo Bay: “Legal Equivalent of Space”

Barbed wire and gazebo stand in the closed area of ​​the U.S. Naval Base in Guantanamo Bay, Cuba,  October 22, 2016

Rumsfeld called the suspect an “unlawful combatant” with the help of White House lawyer Alberto Gonzalez to further reduce his liability for dealing with prisoners. This effectively excluded it from the protection of the 1949 Geneva Convention.

Nevertheless, in 2013, the Open Society Justice Initiative listed 54 countries including Germany, Italy, Spain, the United Kingdom, and Poland, as well as  Arab countries such as Egypt, Syria,  United Arab Emirates, Yemen, and Jordan. We have worked with the CIA on that extraordinary production program. This included detention and torture of the suspect in the soil.

On October 3, 2002, soldiers from the  82nd Airborne Division of the United States leave a Blackhawk helicopter landing at a U.S. Army base in a private location in southeastern Afghanistan. Black page “. These included the Bagram Air Force Base and the infamous Abu Ghraib Prison, where detainees were subjected to inhumane and degrading barbaric abuse, including waterboarding and lack of sleep. Apart from the intrusive press and, worse, the intriguing gaze of horrific human rights advocates, the distant universe had other options.

“Much of what needs to be done here must be done quietly,” said then-US Vice President Dick Cheney in the days following September 11.

Your attention was directed to the Chagos Archipelago, a group of lesser-known islands in the Indian Ocean. The islands are 1,609 kilometers away from the nearest continent and have been occupied by the British as part of the British Indian Ocean Territory (BIOT) since 1814. Diego Garcia, the largest island of

became available for military use in the United States in 1966 and already had an important base.

However, the British occupation meant that it would be subject to the procedural law of the European Court of Human Rights, which could be a problem.

In addition, the British occupation of Chagos and the treatment of the Chagos Archipelago, which were brutally exiled in the 1960s and 1970s, were at least controversial, and the islanders fought for the right to return.

Then, in 2019, the case reached the United Nations when Britain was ordered to return the island to Mauritius by voting 1,166 votes at the General Assembly. Britain still refuses to obey and insists on ceding the archipelago only when it is no longer needed for defense purposes.

Map of Diego Garcia, Britain’s main strategic asset in the Indian Ocean. Placing prisoners on offshore vessels may have been another option for the Bush administration so as not to confuse Britain.

Diego Garcia is a narrow border that surrounds a large lagoon 10.5 kilometers wide and 21 kilometers long. Under the United Nations Convention on the Law of the Sea, inland waters are considered the territory of the land-owning country, with a standard offshore territorial boundary of 12 nautical miles.

  Peter Sand, a lecturer and legal adviser to the United Nations Environmental Program, wrote in his 2009 book “The United States and the United Kingdom of Diego Garcia: The Future of  Controversial Bases” in the UK’s BIOT “Unlicensed Ships.” Except for Diego Garcia, who was excluded from being closer than the usual 12 nautical miles (22.2 kilometers).

This effectively created a military exclusion zone where the United States could moor ships without being disturbed by outside interference. In addition, according to the British Foreign, Commonwealth Office, US warships moored off Diego Garcia enjoyed “state exemptions and therefore outside the jurisdiction and control of the United Kingdom” in 2000. The fact that the British ratification of 1984 torture and other cruel, inhuman or degrading treatments or punishments targeted most of the foreign territories, but not  BIOT, was “at sea. It constitutes a “legal black hole”. These maritime operations may sound complicated, but the proposal that Britain could promote the torture of a ship that disappeared in a secret prison on its territory was as if it had been discovered as an accomplice. , Can drag them into the political mud. Or “black sites” are intended to operate in that territory.

In 2008, it was revealed that at least two refueling rendition flights were stopped in Diego Garcia in 2002. It is reported that one detainee was on board each flight. Following this discovery, then British Foreign Minister David Miliband apologized to the House of Commons, reporting that “a previous US investigation conducted at the request of the United Kingdom mistakenly overlooked  the flight.”

trapped in suspension`

The United States already had an ace on its sleeve when looking for accommodation for those arrested in the “war on terrorism.” The US Navy base in Guantanamo Bay, Cuba, had all the advantages but did not take into account the shortcomings and complexity of other places. Not only is it offshore and therefore meets the requirements of a “legal black hole”, but it was also previously a reception camp.

President George HW Bush used it in the early 1990s to accept Haitian refugees who fled their country after the coup. Thousands of Haitian migrants passed through the facility, and most worrisomely, those who tested positive for HIV remained the longest in permanent detention.

George Bush Jr.’s realization of Guantanamo’s “offshore” potential according to his father’s example is certainly not a big surprise but will be repeated in the devastating aggression and war in Iraq.

Like the  Chagos Islands in Britain, Guantanamo’s history of American “ownership” dates back  to a time when the United States helped Cubans send Spanish colonial rulers. The Spanish-American War of 1898  finally saw the decolonization of Cuba,  and the Spaniards withdrew and moved under temporary American control until Cuba became independent in 1903.

Cubans reluctantly agreed to unite the United States in exchange for independence. Guantanamo Bay station. Expansion to a detention center may be considered technically illegal, as the terms of the lease clearly provided that the land was “used only as a coal or naval base and not for any other purpose”. There is. Although Cuba hasn’t cashed checks since 1959, when Fidel Castro came to power, the United States still pays only $ 4,087 a year for leases.

Guantanamo is selected as the long-term “legal equivalent of the universe” and the infamous Camp XRay is restored after an eternal home for eternal prisoners was imprisoned for pending suspension without charge or trial. And prepared for the arrival of the first inmate group. January  2002.

20 Years later, 39 men are still trapped in their  universe, far beyond federal or international law. Twelve of these men have given up on release but are still waiting to be released. Seventeen of them are considered “high quality” and include Khalid Sheikh Mohammed, the alleged architect of 9/11. And 10 of them are so-called “eternal prisoners”. They are free, with no trials or reaction from ground control, and are forever floating in space.