Posted on 06/15/2005 3:35:00 PM PDT by AgThorn
WASHINGTON (Reuters) - Republican senators called on Wednesday for the rights of foreign terrorism suspects at Guantanamo Bay prison to be legally defined even as the Bush administration said the inmates could be jailed there "in perpetuity."
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The prison, currently holding roughly 520 inmates, opened on the U.S. naval base at Guantanamo Bay, Cuba, in January 2002 in the aftermath of the Sept. 11, 2001 attacks on the United States. Many of the detainees have been held for more than three years, and only four have been charged.
At a U.S. Senate Judiciary Committee hearing, Republican Chairman Arlen Specter of Pennsylvania said Congress should help to define the legal rights of the inmates at the prison, which the panel's top Democrat called "an international embarrassment."
Delaware Democratic Sen. Joseph Biden (news, bio, voting record) asked Deputy Associate Attorney General J. Michael Wiggins whether the Justice Department had "defined when there is the end of conflict."
"No, sir," Wiggins responded.
"If there is no definition as to when the conflict ends, that means forever, forever, forever these folks get held at Guantanamo Bay," Biden said.
"It's our position that, legally, they can be held in perpetuity," Wiggins said.
Earlier, the committee's top Democrat, Sen. Patrick Leahy (news, bio, voting record) of Vermont, said the United States may face terrorism "as long as you and I live." He asked Brig. Gen. Thomas Hemingway, who oversees military trials of Guantanamo prisoners, if that means America can hold prisoners that long without charges.
"I think that we can hold them as long as the conflict endures," Hemingway responded.
"Guantanamo Bay is an international embarrassment to our nation, to our ideals, and it remains a festering threat to our security," Leahy said.
"Our great country, America, was once viewed as a leader in human rights and the rule of law, and justly so. Guantanamo has undermined our leadership, has damaged our credibility, has drained the world's goodwill for America at an alarming rate," Leahy added.
Critics have decried the indefinite detention of Guantanamo prisoners, whom the United States has denied rights accorded under the Geneva Conventions to prisoners of war. The prison, was called "the gulag of our times" in a recent Amnesty International report.
Hemingway said the military commissions created by the Pentagon were the appropriate forum for trying Guantanamo prisoners. Human and legal rights groups have said the rules created by the administration are heavily biased toward the prosecution. The trials have been held up amid legal fights.
Navy Rear Adm. James McGarrah called "rigorous and fair" the Pentagon's annual review of the status of Guantanamo prisoners -- a process that can lead to their release. In those proceedings, detainees are prohibited from having lawyers and cannot see all the government's evidence relating to them.
Lawyers representing Guantanamo prisoners criticized their treatment and the government's system for trying them.
"The (reviews) are a sham," said Joseph Margulies, one of the lawyers. "They mock this nation's commitment to due process, and it is past time for this mockery to end."
Republican Sen. Jeff Sessions (news, bio, voting record) of Alabama said: "This country is not systematically abusing prisoners. We have no policy to do so. And it's wrong to suggest that. And it puts our soldiers at risk who are in this battle because we sent them there."
Referring to detainees, Sessions added, "Some of them need to be executed."
Republican Sen. Lindsey Graham (news, bio, voting record) of South Carolina joined Specter and others who said Congress needed to get involved to better define the process at Guantanamo.
"I think it would be tremendously helpful if the Congress and the administration came together with some general statutory language to help define what's going on at Guantanamo Bay, to better define what an enemy combatant is, to make sure that due process is affordable," Graham said.
Specter noted that legislation he introduced in 2002 on legal rights of detainees had gone nowhere.
"It may be that it's too hot to handle for Congress, may be that it's too complex to handle for Congress, or it may be that Congress wants to sit back, as we customarily do, awaiting some action with the court no matter how long it takes," he said.
The U.S. Supreme Court ruled a year ago that Guantanamo prisoners had the right to seek their release in federal court. But decisions in the lower court have been contradictory, creating what Specter called a "crazy quilt" of rulings.
If only the solution were that easy.
-PJ
Last I heard all these Moozelum terrorists were going to commit Holy Suicide?
Guess they really must be enjoying their stay among the infidels ..but then who wants to go back to snowy winters in A-Stan when you can winter in Gitmo and eyeball the pretty infidel female attendants
Schuster also had a snippy reporting also
They chose not to play by the rules of war, so they're not entitled to the protections of the rules of war.
Some Senators hate the Administration more than they hate terrorists.
LOL. And likely employed an an Iraqi Baby Milk Factory.
I have little doubt one already exists. Gitmo is only for the survivors...
You are 100% correct as far as the justified shooting goes; however, I suspect that their internment has (or had) at least as much to do with their suspected intelligence value as it does charity. Nevertheless, it is safe to say that given the circumstances they are probably the best treated prisoners of war in all of history (except maybe for Hogan's Heroes).
This guy that is on now (Mike S) is a radio guy from Philly .. he is also a lawyer too
First of all, I am not a bit surprised that Chrissy is having this show...when Abu Ghraib was first "discovered", he had every show for a month about it....
Second, I almost dislike that Shuster guy, more than I dislike Chrissy....a little teeny bit...but I really dislike both of them a whole lot!!!
Why not how the Grand Council of Krypton held that Rabid General, his duffus muscle, and his sadistic wench?
Typical lunch or dinner............lemon chicken, rice pilaf, salad ,fresh fruit, milk, juice, tea ,cookies, apple pie, ice cream, seconds or thirds if they want [vegetarian meals are available if reguested].......................
I'm very uneasy about keeping these guys forever without charges. My take is they should be brought up on charges. Some should be executed, some should have lengthy jail time and the truly innocent should be sent free.
What scares me is Saddam, hitler stalin and other tinpot dictators did the same thing to their own people and we railed against it.
This is more big brother and will probbaly start the slippery slope of eroding of our rights as citizens. .
The founding fathers would be appaled.
Shoot them, jail them or set them free.
I think they should all be charged, given a speedy trial by the military and summarily shot.
That's just me though.
FMCDH(BITS)
They eat better than I do most days!!
Just how many tears can we shed for the poor babies?
If they are released they will have to kill them somewhere else.
Just do it now.
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