President outlines steps for transfer of detainees from controversial Cuban detention centre in national security speech
Barack Obama on Thursday moved to restart the release of detainees from Guantánamo Bay in a move designed to defuse an ongoing hunger strike and to take a step towards the president's stated aim of shutting the controversial prison camp.
Giving a major speech on national security, Obama said that any failure to close the prison would be judged by history as having been morally wrong and that he was committed to resolving the problem.
"History will cast a harsh judgment on this aspect of our fight against terrorism and those of us who fail to end it," Obama said. "Imagine a future – 10 years from now, or 20 years from now – when the United States of America is still holding people who have been charged with no crime on a piece of land that is not a part of our country."
Obama said a series of steps would be taken, including lifting a moratorium on releasing Yemeni prisoners who had already been deemed safe to transfer back to that country. Out of 166 men kept in Guantánamo, 86 have been cleared to leave but American officials have previously cited security concerns in effectively suspending any releases.
Some 56 Yemenis have been cleared for release, including around 30 who can only be transferred back to their native land if certain security requirements are met. The administration has also reportedly been talking to Afghanistan about whether it could offer guarantees that released prisoners would not be a threat.
Officials said that detainees would have their cases dealt with on an individual basis, raising the prospect of a few prisoners being freed from Guantánamo one-by-one in the next few weeks rather than any wholesale transfer.
In a statement, the government of Yemen welcomed the move and pledged to "ensure the safe return of its detainees and ... their gradual rehabilitation and integration back into society".
Obama said that he would appoint a senior envoy at the State Department and the Defense Department whose sole responsibility would be to examine ways of transferring detainees to other countries. He had also asked Pentagon officials to come up with another site where military tribunals could take place to prosecute alleged terrorists.
Finally, he said that those detainees who had yet to be charged in those tribunals could be dealt with by the US civilian justice system – as several recent high-profile terrorism cases have been. "Where appropriate, we will bring terrorists to justice in our courts and military justice system. And we will insist that judicial review be available for every detainee," he said.
However, he admitted that even after all these steps some detainees considered a real threat, or believed guilty of crimes, would likely still be held, perhaps because evidence against them is inadmissable in a court of law. Obama said he was convinced this problem too could be solved, though he offered no path forwards. "I am confident that this legacy problem can be resolved, consistent with our commitment to the rule of law," he said.
Obama's shift represents a remarkable about-face for an administration that had seemed content to ignore the plight of Guantánamo Bay prisoners until they started a hunger strike several months ago. What was at first a limited protest gradually spread to involve more than a hundred detainees, with several dozen being force-fed, and generated headlines and condemnation around the world.
The hunger strike has evolved into a public relations disaster for the Obama administration, especially as it highlighted the president's failure to fulfil a 2008 campaign promise to close the base. Obama referenced the hunger strike in his speech in what many will likely regard as a tacit acknowledgment of the impact that it has had.
"Look at the current situation where we are force-feeding detainees who are holding a hunger strike. Is that who we are? Is that something that our founders foresaw? Is that the America we want to leave to our children? Our sense of justice is stronger than that," he said.
There was criticism for Obama's action among lawyers who work with some of the detainees. Carlos Warner, who represents several Guantanamo detainees, said that appointing an envoy to look into transfers would likely duplicate the work of already existing – and currently ineffective – officials. "Lifting the moratorium on Yemeni transfers is important, but without a powerful individual charged with transferring individuals, I expect more of the same –innocent men stuck in Guantanamo," Warner told The Guardian.
Omar Farah, a lawyer with the Center for Constitutional Rights, agreed, saying that Obama's words needed to be matched with action. Farah accused the president of over-relying on the good will of Congress to agree to help close the base. "Many of [the detainees] can be released starting tomorrow without Congressional assistance. In light of the tragedy unfolding at the prison, swift action is imperative. Until we see that, the president's speech is just that – a speech," Farah said.
Republicans appeared divided on Obama's plans. In a press conference. former Republican presidential candidate, Senator John McCain said he was committed to working with Obama to close the base but stressed that he wanted a clear plan of action.
Speaking on the same podium, Georgia senator Saxby Chambliss called all the detainees still at the base "the meanest, nastiest killers in the world" and said the base should remain open, including for all the Yemenis. "If we were to transfer these individuals to Yemen it would be just like turning them loose. I don't think that is the right thing to do," Chambliss said.