Main article: Guantanamo Detention Center
See also: secret detention center of the CIA
In the last quarter of the twentieth century, the base was used as detention center for Cuban and Haitian refugees intercepted at sea. However, beginning in 2002, a small portion of the base was used to house inside the camps X-Ray (X-ray), Delta and Echo (Echo), prisoners suspected of links with Al-Qaeda and the Taliban army that were captured in Afghanistan. The most recent public reports the transfer of prisoners, September 22, 2004 when 10 prisoners were brought from Afghanistan. Finally, were imprisoned at the base at no charge.
The peculiar legal status of Guantanamo Bay was chosen as a factor in detention centers. Because of the sovereignty resides in Guantanamo Bay Cuba, the U.S. argument that the people detained at Guantanamo were legally outside their country and had no constitutional rights to detainees if they were on. During 2004, the Supreme Court rejected this argument in the Rasul case against Bush, with the majority decision, and ruled that prisoners in Guantanamo have access to U.S. courts, citing the fact that United States has exclusive control over the Bay of Guantanamo.
United States classifies the prisoners locked up in Camp Delta and Echo as unlawful enemy combatants, but not covered with Article 5 of the court is required by international law to vouch. This gives the prisoners the rights of the Fourth Geneva Convention (GCIV), as opposed to the Third Geneva Convention (GCIII), which deals exclusively with prisoners of war. On November 9, 2004, Judge James Robertson of the District Court ruled that the United States administration of George W. Bush surpassed his authority in dealing with such prisoners as enemy combatants in a military court and deny access to evidence used against them.
A soldier watches a group of prisoners at Guant namo Bay.
On November 30, 2004, the New York Times published excerpts from an internal memorandum of the Bush administration (2), which refers to a report from the International Committee of the Red Cross (ICRC). The report indicates several activities that were said were “tantamount to torture”: exhibition of music or annoying noises, extreme temperatures or prolonged beatings. It was also reported the existence of a behavioral scientist (BSCT), also called Biscuit, and communicating health information to the interrogation by teams of doctors from the base (weaknesses, phobias, etc..), Giving result in the loss of confidence by the doctors of the prisoners at the base.
ICRC access to the base was determined, as is normal for the humanitarian operations of the ICRC reports are confidential, some sources reported on discussions held at the headquarters of the ICRC, as some of those involved were willing to publish the report, or face the United States administration. The newspaper that published the Pentagon and the administration saw the ICRC report in July 2004, but rejected its findings (). The story originally appeared in several newspapers, including The Guardian, the United Kingdom (), the ICRC and reactions to the article when this filter is in May ().
On May 31, 2005, the U.S. president, George W. Bush denounced a new human rights report reflecting the situation on the allegations of abuse of prisoners at GITMO and other military prisons, the report label “absurd,” according to an Associated Press report (). On the same day of Bush’s comments, new allegations of prisoners in Guantanamo, in an interview separate from the agencies themselves, which states that members of Afghan tribes had ulterior motives to testify against suspected terrorists.
On February 14, 2006 a draft report by five UN experts call for closing the detention facility after concluding that forced feeding practices and various interrogation techniques tantamount to torture. While in Washington, the State Department spokesman, Sean McCormack criticized the draft UN report identified as rumors. “Anyone who chose not to accept the offer of the United States government to go to Guantanamo Bay does not automatically give them the right to publish a report that is simply based on hearsay and not facts,” said McCormack.
The Washington Post Supreme Court Year in Review 2009: The Major Cases and Decisions of 2008 (Washington Post’s Supreme Court Year in Review) by The Washington Post (Hardcover – Nov 25, 2008)