Published: January 25, 2012
United States Fails to Close Guantanamo Bay Detention Facility
By Mina Fabulous 
The United Nations human rights chief today voiced concern over the failure by the United States to close the Guantanamo Bay detention facility.
High Commissioner for Human Rights Navi Pillay urged the U.S. government to ensure accountability for serious violations - including torture - that took place there.
"It is 10 years since the US Government opened the prison at Guantanamo, and now three years since 22 January 2009, when the President ordered its closure within 12 months." -Ms. Pillay
Students campaign for the release of Shaker Aamer in March 2011. Photo: Wikimedia Commons |
The U.S. State Department earlier this month stated that the Administration has made clear that closing Guantanamo is in the interest of U.S. national security and is continuing its efforts to close the facility.
The U.S. State Department cited that Progress has been made under the issue and the previous Administration.
However, Ms Pillay said the facility continues to exist and individuals remain arbitrarily detained indefinitely which is in clear breach of international law.
Ms. Pillay voiced disappointment that instead of closing the facility, the US Government has "entrenched" a system of arbitrary detention, with the new National Defense Authorization Act. Signed into law last month, the Act now effectively codifies such indefinite military detention without charge or trial.
"This piece of legislation contravenes some of the most fundamental tenets of justice and human rights, namely the right to a fair trial and the right not to be arbitrarily detained. Nobody should ever be held for years on end without being tried and convicted, or released." -Ms. Pillay
While fully recognizing the right and duty of States to protect their people and territory from terrorist acts, she reminded the US Government of its obligation under international human rights law to ensure that individuals deprived of their liberty can have the lawfulness of their detention reviewed before a court.
She highlighted that where credible evidence exists against Guantanamo detainees, they should be charged and prosecuted. Otherwise, they must be released.
She said she was disturbed by the Government's failure to allow independent human rights monitoring of the detention conditions at Guantanamo.
Federal court cases for more than 200 other Guantánamo detainees are still pending in U.S. district courts. Many of these cases will be heard in Washington and elsewhere in the United States.
The Defense Department said that of the 779 people who have been detained at Guantánamo, at least 525 have departed for other countries and approximately 250 remain, according to The New York Times. The Pentagon has declined to release a list of the detainees currently at Guantánamo.
Mina Fabulous follows the news, especially what is going on in the US State Department. Mina turns State Department waffle into plain english. Contact Mina through NewsBlaze.
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