<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta http-equiv="content-type" content="text/html; charset=ISO-8859-1">
</head>
<body bgcolor="#ffffff" text="#000000">
<div
class="articleOpinion-inner articleOpinion-inner--top js-articleWidth--captionOverlay">
<div class="articleOpinion-title--container">
<h1 class="articleOpinion-title">At Guantánamo Bay, the guilty go free,
the innocent remain</h1>
</div>
</div>
<div class="articleOpinion-inner articleOpinion-inner--bottom">
<p class="articleOpinion-standfirst opinion-standfirst">Taliban-Bergdahl
swap highlights wretched plight of Gitmo detainees cleared for release
who remain imprisoned</p>
<div class="articleOpinion-dateByline opinion-dateByline">
<div class="articleOpinion-dateTime opinion-dateTime"> <span
class="date">June 3, 2014</span> <span class="time">5:00AM ET</span> </div>
<div class="articleOpinion-containerByline"> by <span
class="articleOpinion-byline"><a
href="http://america.aljazeera.com/profiles/s/clive-stafford-smith.html"
title="Clive Stafford Smith" class="articleOpinion-byline--link">Clive
Stafford Smith</a></span> <span class="articleOpinion-contact"><span
class="articleOpinion-twitter"><a
href="http://www.twitter.com/CliveSSmith" target="_blank"
title="@CliveSSmith" class="articleOpinion-contact--link">@CliveSSmith</a><br>
<b><small><small><small><a class="moz-txt-link-freetext" href="http://america.aljazeera.com/opinions/2014/6/guantanamo-detaineestalibanbergdahlswap.html">http://america.aljazeera.com/opinions/2014/6/guantanamo-detaineestalibanbergdahlswap.html</a></small></small></small></b><br>
</span></span> </div>
</div>
</div>
<div class="parsys mainpar">
<div class="text section">
<p>Controversy has arisen over the U.S. government deal that released
five Taliban prisoners held for years in Guantánamo Bay in exchange for
Sgt. Bowe Bergdahl, an American soldier captured and held in
Afghanistan since June 2009. Critics have called the decision
hypocritical. </p>
<p>There is a case that can be made for the allegation. The five
Taliban were arguably among those who had actually committed crimes, if
fighting foreign troops who invaded their country could be deemed an
offense. At the very least, they had taken part in hostilities and
might, originally, have been legitimately detained as bona<i> </i>fide
prisoners of war — a position that would be more defensible if only the
U.S. respected the Geneva Conventions. </p>
<p>Compare those five men to the 78 detainees remaining in Guantánamo
Bay who have been held there for 12 years or more and yet have been
cleared for release for half that time. With the Taliban five headed
for freedom, the cleared prisoners now make up more than 52 percent of
the 149 detainees left there. Has there ever existed another prison
where more than half the prisoners were told they had been cleared to
leave but they could not go?</p>
<p>So, yes, it is certainly ironic that those who were purportedly
guilty should be liberated while the patently innocent should remain.</p>
<p>Rep. Mike Rogers, the Republican chairman of the House Intelligence
Committee, used a stronger word than hypocrisy. He effectively <a
href="http://www.theguardian.com/world/2014/jun/01/republicans-bergdahl-release-deal-encourages-terrorists">labeled</a>
members of Barack Obama’s administration criminals: “I think they
violated the law in two different places.” Rogers and other Republicans
think Obama’s unwise action has made America a more dangerous place.</p>
<p>The question must be asked, though: Who is the fool, and who is the
hypocrite?</p>
</div>
<div class="text section">
<p>The fool was the one who opened Guantánamo. A CIA agent said — 10
years ago now — that for every detainee held without trial in this
notorious base, we had provoked 10 others to wish America harm. If
asked today, he would probably revise his estimate up a hundredfold.
Although the day after 9/11, the U.S. had the sympathy of the world,
the experiments of the George W. Bush administration with rendition,
torture, Abu Ghraib and Guantánamo Bay drained all that goodwill away.
Such policies have made the world a far more fractured and hate-filled
place.</p>
<p>And who is the hypocrite? Under Bush, several hundred detainees were
sent home. Among these, a number had pleaded guilty to war crimes,
albeit in the discredited Guantánamo Military Commission. After Salim
Hamdan pleaded guilty to being Osama bin Laden’s driver, he was
repatriated to Yemen. The majority of the innocent prisoners who remain
are Yemeni, because the Republicans later designated the country as too
dangerous to repatriate them to. Ibrahim al-Qosi pleaded guilty to
being bin Laden’s cook; the Republican president sent him home to
Sudan, a country that the U.S. insisted was being run by an
international war criminal who had committed genocide in Darfur.</p>
<p>My Guantánamo client, the British resident Shaker Aamer, laughingly
suggested that he and the scores of other cleared prisoners should
plead guilty to being some random employee of bin Laden’s (his butcher,
his baker, his candlestick maker), since that appeared to be the only
way they could escape detention without charge or trial.</p>
<p>So if the Republicans believe that Obama is a hypocrite or a
criminal, what do they think of his predecessor in office?</p>
<p>In truth, Obama did the right thing. For America, the war in
Afghanistan is over. Not only was he entitled to set the five Taliban
free, but he was also legally obliged to do so — just as, thankfully,
the Taliban released Bergdahl, whether they recognized the law as
compelling their actions or not. It is not compliance with the law that
provokes hatred but the hypocritical pretense that one’s side is the
sole purveyor of justice and the rule of law. It was also Obama’s duty
to Bergdahl to get him home after several years of misery that may
presumably be compared to the ugly plight of detainees in Guantánamo.</p>
<p>Obama is committed to reversing the mistake that gave us Guantánamo
in the first place. Of course, he has been much too slow to fulfill his
2009 promise, but from my experience with the prison, I can attest that
his staff is now working hard toward that goal — albeit in the face of
hypocritical and unwise obstruction by congressional Republicans.</p>
</div>
<div class="text section">
<p><i>Editor's note: A previous version of this article mistakenly
claimed that Australian detainee David Hicks pled guilty to a terrorism
charge. Hicks entered an Alford plea, by which he admitted no guilt for
what he was alleged to have done.</i></p>
</div>
</div>
<div class="authorProfileBio">
<div class="authorProfileBio-box">
<p>Clive Stafford Smith is the founder and director of <a
href="http://www.reprieve.org/">Reprieve</a>.</p>
</div>
</div>
<div class="moz-signature">-- <br>
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863.9977
<a class="moz-txt-link-abbreviated" href="http://www.freedomarchives.org">www.freedomarchives.org</a>
</div>
</body>
</html>