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SUERTE Diamars 1 December 2020

Biden's win means some Guantanamo prisoners may be released

(AP) — The oldest pris- tegic mistake that undercut
oner at the Guantanamo what had been a bipartisan
Bay detention center went issue.
to his latest review board
hearing with a degree of “I think it’s more likely to
hope, something that has close if it doesn’t become a
been scarce during his 16 huge press issue,” said An-
years locked up without drea Prasow, deputy Wash-
charges at the U.S. base in ington director at Human
Cuba. Rights Watch.

Saifullah Paracha, a 73-year- The detention center opened
old Pakistani with diabetes in 2002. President George
and a heart condition, had W. Bush's administration
two things going for him that transformed what had been
he didn't have at previous a sleepy Navy outpost on
hearings: a favorable legal de- Cuba's southeastern tip into
velopment and the election a place to interrogate and im-
of Joe Biden. prison people suspected of
links to al-Qaida and the Tal-
President Donald Trump had iban after the Sept. 11, 2001
effectively ended the Obama attacks.
administration's practice of
reviewing the cases of men U.S. authorities maintain
held at Guantanamo and re- the men can be held as “law
leasing them if imprisonment of war” detainees, remaining
was no longer deemed neces- in custody for the duration
sary. Now there's hope that of hostilities, an open-ended
will resume under Biden. prospect.

“I am more hopeful now At its peak in 2003 — the
simply because we have an year Paracha was captured in
administration to look for- Thailand because of suspect-
ward to that isn’t dead set on ed ties to al-Qaida — Guanta-
ignoring the existing review namo held about 700 prison-
process," Paracha's attorney, ers from nearly 50 countries.
Shelby Sullivan-Bennis, said Bush announced his inten-
by phone from the base on tion to close it, though 242
Nov. 19 after the hearing. were still held there when his prisoners who were convict- commission and is awaiting secure teleconference with
“The simple existence of that presidency ended. ed by commission and three sentencing. U.S. security and defense
on the horizon I think is hope facing potential prosecution agencies.
for all of us." The Obama administration, for the 2002 Bali bombing. The remaining detainees
seeking to allay concerns that include five who had been She also raised an important
Guantanamo was once a some of those released had Commission proceedings, cleared for release before legal development. Paracha,
source of global outrage and “returned to the fight,” set up including death penalty cases Trump took office and have who lived in the U.S. and
a symbol of U.S. excess in a process to ensure those re- related to the Sept. 11 at- languished since. Advocates owned property in New York
response to terrorism. But it patriated or resettled in third tacks, have bogged down as want the Biden administra- City, was a wealthy business-
largely faded from the head- countries no longer posed a the defense fights to exclude tion to review the rest, not- man in Pakistan. Authori-
lines after President Barack threat. It also planned to try evidence that resulted from ing that many, had they been ties say he was an al-Qaida
Obama failed to close it, even some of the men in federal torture. Trials are likely far in convicted in federal court, “facilitator” who helped two
as 40 men continue to be de- court. the future and would inevi- would have served their sen- of the Sept. 11 conspirators
tained there. tably be followed by years of tences and been released at with a financial transaction.
But his closure effort was appeals. this point. He says he didn't know they
Those pushing for its clo- thwarted when Congress “Whittle it down to the folks were al-Qaida and denies any
sure now see a window of barred the transfer of prison- Defense attorneys say the in- who are being prosecuted involvement in terrorism.
opportunity, hoping Biden's ers from Guantanamo to the coming administration could and either prosecute them or
administration will find a U.S., including for prosecu- authorize more military don’t, but don’t just hang on Uzair Paracha, his son, was
way to prosecute those who tion or medical care. Obama commission plea deals. Some to them,” said Joseph Mar- convicted in 2005 in federal
can be prosecuted and release ended up releasing 197 pris- have also suggested Guanta- gulies, a Cornell Law School court in New York of pro-
the rest, extricating the U.S. oners, leaving 41 for Trump. namo detainees could plead professor who has represent- viding support to terrorism,
from a detention center that guilty in federal court by vid- ed one prisoner. “At great ex- based in part on the same wit-
costs more than $445 million Trump in his 2016 campaign eo and serve any remaining pense, we walk around with nesses held at Guantanamo
per year. promised to “load” Guanta- sentence in other countries, this thing around our necks. that the U.S. has relied on to
namo with “some bad dudes,” so they wouldn't enter the It does no good. It has no role justify holding his father. In
Biden's precise intentions but largely ignored the is- United States. for national security. It’s just March, after a judge threw
for Guantanamo remain un- sue after rescinding Obama's a big black stain that provides out those witness accounts
clear. Transition spokesman policies. His administration Detainee advocates also say no benefit whatsoever.” and the government decided
Ned Price said the president- approved a single release, a Biden could defy Congress not to seek a new trial, Uzair
elect supports closing it, but Saudi who pleaded guilty be- and bring prisoners to the Over the years, nine prison- Paracha was released and sent
it would be inappropriate to fore a military commission. U.S., arguing that the ban ers have died at Guantanamo: back to Pakistan.
discuss his plans in detail be- wouldn't stand up in court. seven from apparent suicide,
fore he's in office. Of those 40 remaining, seven one from cancer and one Had his father been convict-
men have cases pending be- “It’s either do something from a heart attack. ed in the U.S., his fate might
His reticence is actually wel- fore a military commission. about it or they die there have been the same. Instead,
come to those who have They include five men ac- without charge,” said Wells Paracha's attorney raised his it will likely be in Biden's
pressed to close Guantana- cused of planning and sup- Dixon, a lawyer for two pris- health issues, which include hands and, Sullivan-Bennis
mo. Obama's early pledge to porting the Sept. 11 attacks. oners, including one who has a heart attack in 2006, at his said, time is of the essence. “It
close it is now seen as a stra- Additionally, there are two pleaded guilty in the military review board, speaking by could be a death sentence.”