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Transcript of GUANTANAMO
-description and setting (Max)
-facts and myths (Eva)
-legality and compliance with human rights (Eva)
-moral doubiousness (Max)
-future existence and demands for abolition (Eva)
-our conclusion (Max)
DESCRIPTION AND SETTING
FACTS AND MYTHS
LEGALITY AND COMPLIANCE WITH HUMAN RIGHTS
-enemy combatants, denied status of POW as well as legal advice
FUTURE EXISTENCE AND DEMANDS FOR ABOLITION
-Guantanamo detainees are treated more harshly than inmates in federal prisons
-Military commission system is most likely to convict someone of terror crimes
-Closing Guantanamo is impossible
many verified former torture methods: sleep- & water-deprievement; waterboarding; threatening by dog; taping mouth...
Detainee Treatment Act of 2005
washingtonpost.com: "past fall 130 detainees were living in communal areas, many with access to skype, television and a soccer field", hunger strikes led to harsher conditions - 3.5.13
Spiegelonline: doctor's report confirms mistreatment of 9/11-prisoner in 2003-6 - 24.10.13
"Eine Institution wie Guantanamo kann und darf auf Dauer so nicht existie-ren. Es müssen Mittel und Wege für einen anderen Umgang mit den Gefan-genen gefunden werden."
"The military commission lacks the power to proceed because its structure and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions"-Supreme Court, 6.06
Military Commission Act (17.10.06): „(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents […]“
Germany and others:
classification as unlawful combatants is not compatible with international law and human rights
Human Rights Convention (02.06) & Council of Europe (01.07) demanded abolition
"And with the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantanamo Bay – because we counter terrorism not just through intelligence and military action, but by remaining true to our Constitutional ideals, and setting an example for the rest of the world."- Obama, State of the Union speech 2014
washingtonpost.com: Commissions are well intended but trials are taking very long
accused can not choose their attorneys freely & have no access to evidence against them
acquittal on all charges by the commission is no guarantee of a release.
2009 Obama odered no new charges to be referred to a military commission under the Military Commissions Act of 2006 & all proceedings to be halted.
washingtonpost.com: several incidents of governmental improperty such as secret listening devices and hacking of defense attorney-client-Emails in the last months