Camp X-Ray was a temporary detention facility located at the Joint Task Force Guantanamo on the U.S. Naval Base in Guantánamo Bay, Cuba. It was named Camp X-Ray because various temporary camps in the station were named sequentially from the beginning and then from the end of the NATO phonetic alphabet. The legal status of detainees at the camp has been a significant source of controversy, ultimately reaching the United States Supreme Court.

Background

As of April 29, 2002, the official Camp X-Ray was closed and all prisoners were transferred to Camp Delta. However, the term "Camp X-Ray" has come to be used as a synonym for the entire facility where prisoners from the war in Afghanistan are detained.

Care of detainees at Camp X-Ray was handled by Joint Task Force 160 (JTF-160), while interrogations were conducted by Joint Task Force 170 (JTF-170).

JTF-160 was under the command of Marine Brigadier General Michael Lehnert until March 2002, when he was replaced by Brigadier General Rick Baccus. In November 2002, Baccus was replaced as commander by Major General Geoffrey Miller. He was in turn replaced by Brigadier General Jay Hood in March 2004 while Miller was sent to deal with the Abu Ghraib prisoner abuse in Iraq. U.S. Army Lieutenant Colonel Bill Cline serves as the commander for security forces. Since Camp X-Ray's closure and the subsequent opening of Camp Delta, JTF-160 and 170 have been combined into Joint Task Force Guantanamo (JTF-GTMO).

The U.S. government has classified the detainees in Camp X-Ray as "illegal combatants," rather than prisoners of war (POWs), which they claim means that they do not have to be conferred the rights granted to POWs under the Geneva Conventions (at least under that convention). The U.S. government justifies this designation by claiming that they do not have the status of either regular soldiers nor that of guerrillas, and they are not part of a regular army or militia. In July of 2003, about 680 alleged Taliban members and suspected Al-Qaeda terrorists from 42 different countries were housed there. None have been allowed to meet with attorneys.

The human rights organization Human Rights Watch has criticized the Bush administration over this designation in its 2003 world report, stating: "Washington has ignored human rights standards in its own treatment of terrorist suspects. It has refused to apply the Geneva Conventions to prisoners of war from Afghanistan, and has misused the designation of "illegal combatant" to apply to criminal suspects on U.S. soil."

On April 23, 2003, the U.S. military reported that "a handful" of the Afghan war prisoners held at Camp X-Ray had been identified as juveniles and were separated from the adult prisoners.

On July 23, 2003, U.S. Major General Geoffrey Miller said that three-quarters of the roughly 660 detainees had confessed to some involvement in terrorism. Many have informed about friends and colleagues. According to Miller, the confessions were acquired through rewards that included extended recreation time, extra food rations to keep in their cells, or a move to the prison's medium-security facility. However, some have questioned the value of the confessions, given the conditions under which they were obtained.

As of August 2003, at least 29 inmates of Camp X-Ray had attempted suicide in protest. The U.S. officials would not say why they had not previously reported the incident [1]. After this event the Pentagon reclassified suicides as "manipulative self-injurious behaviors" because it is alleged by camp physicians that detainees do not genuinely wish to end their lives. The prisoners supposedly feel that they may be able to get better treatment or release with suicide attempts. Daryl Matthews, a professor of forensic psychiatry at the University of Hawaii, who examined the prisoners stated that given the cultural differences between interrogators and prisoners such a classification was difficult if not impossible. Depression is common in Guantanamo with 1/5 of all prisoners taking antidepressants such as Prozac.[2]

In late January 2004, U.S. officials released three children aged 13 to 15 and returned them to Afghanistan. In March 2004, twenty-three adult prisoners were released to Afghanistan, five were released to the United Kingdom (the final four British detainees were released in January 2005), and three were sent to Pakistan.

On August 4, 2004, the Tipton Three, three ex-detainees who were returned to the UK (who were freed by the British authorities within 24 hours of their return home), filed a report in the U.S. claiming persistent severe abuse at the Camp, of themselves and others. (See The Guardian newspaper article.) They claimed that false confessions were extracted from them under duress, in conditions which amounted to torture. They alleged that conditions deteriorated when Major General Geoffrey Miller took charge of the camp, including increased periods of solitary confinement for the detainees. They claimed that the abuse took place with the knowledge of the intelligence forces. Their claims are currently being investigated by the British Government.

There are five British residents remaining: Bisher Amin Khalil Al-Rawi, Jamil al Banna, Shaker Abdur-Raheem Aamer, Jamal Abdullah and Omar Deghayes. All these men have close family members who are British citizens and have themselves lived in the UK for many years: [https://www4.indymedia.org.uk/en/2005/04/308380.html Moazzam Begg Speaks about his experience at Guantanamo]. In addition, there are 'ghost prisoners' undeclared by the State, some of whom may be British or British residents.

Many of the released prisoners have complained of enduring beatings, sleep deprivation, prolonged constraint in uncomfortable positions, prolonged hooding, sexual and cultural humiliation, forced injections, and other physical and psychological mistreatment during their detention in Camp X-Ray.

The U.S. government has denied all charges, but on May 9, the Washington Post obtained classified documents that showed Pentagon approval of using sleep deprivation, exposure to hot and cold, bright lights, and loud music during interrogations at Guantanamo [3]. In June 2004 the New York Times reported that of the nearly 600 detainees not much more than two dozens were closely linked to Al Qaida and that only very limited information could have been obtained from questionings. The only top terrorist is reportedly Mohamed al-Kahtani from Saudi Arabia, who is believed to have planned to participate in the September 11, 2001 terrorist attacks. [4]

The International Committee of the Red Cross inspected the camp in June 2004. In a confidential report issued in July 2004 and leaked to the New York Times in November 2004, Red Cross inspectors accused the U.S. military of using "humiliating acts, solitary confinement, temperature extremes, use of forced positions" against prisoners. The inspectors concluded that "the construction of such a system, whose stated purpose is the production of intelligence, cannot be considered other than an intentional system of cruel, unusual and degrading treatment and a form of torture." The United States Government has reportedly rejected the Red Cross findings. Reuter, New York Times, ICRC comments

Abdul Ghaffar, captured in Afghanistan in December 2001, was one of the twenty-three prisoners released from Camp X-Ray in late January 2004. After his release, he rejoined the remnants of the Taliban and was killed in a gunfight in late September 2004[5].

Abdullah Mehsud, also captured in Afghanistan in December 2001 after surrendering to Abdul Rashid Dostum, masterminded the kidnapping of two Chinese engineers in Pakistan's South Waziristan region as well as returning to his position as an Al-Qaeda field commander. Mehsud has also claimed responsibility for the bombing at Islamabad’s Marriott Hotel in October 2004. The blast injured seven people, including a U.S. diplomat, two Italians and the Pakistani prime minister’s chief security officer.

Airat Vakhitov and Rustam Akhmyarov, two Russian nationals captured in Afghanistan in December of 2001 and released from Guantanamo in late 2002, were arrested by Russian authorities on August 30, 2005. The two former detainees were arrested in Moscow for allegedly preparing a series of attacks in Russia. According to authorities, Vakhitov was using a local human rights group as cover for his activities. [6]

International conventions

The Hague Convention of 1907 established the following rules for recognizing legal belligerents:

The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

• To be commanded by a person responsible for his subordinates;
• To have a fixed distinctive emblem recognizable at a distance;
• To carry arms openly; and
• To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army." (Chapter I, "The Qualifications of Belligerents, Article 1)

The Third Geneva Convention: Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War revision of 12 August 1949 clarified the status of irregulars:

Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. [...]

[...]

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

Mercenaries do not have the full protection of the Third Geneva Convention.

The legal question on which the United States and many of its allies differ is the status of al-Qaida members captured in combat. Taliban members could be and were released from U.S. custody, but the U.S. does not recognize al-Qaida members as falling under this convention. According to the Conventions, a competent tribunal must determine whether the Guantanamo detainees have prisoner-of-war status or not. The U.S. has not done so as of date.

Under international law, POWs can be held until the armed conflict has ended. The US claims to be applying the same duration to the people it is detaining. Once the war on terrorism has ended, the U.S. is obliged to return them to their countries of origin or charge them with crimes. Since the "War on Terror" is not a declared war against a specific state, it is unknown when that would be, and leaves open the possibility of detainees being held indefinitely.

Several international concerns have been involved in the building of Camp X-Ray, such as the Norwegian company "Aker Kværner".

International concern about the conditions in the camp

On May 25, 2005, Amnesty International released a report calling the facility the "gulag of our times."[7] Physical conditions for detainees at Camp X-Ray are claimed to meet basic standards for maintaining health, but the prisoners are held in small, mesh-sided cells with little privacy, and lights are kept on day and night. Detainees are said to have rations similar to American forces, with consideration for Muslim dietary needs. James Yee, a Muslim chaplain from the U.S. Navy, provided religious services, but has now resigned after unproven allegations were brought against him by the United States, following his tour of duty at Guantanamo Bay. These charges include sedition, aiding the enemy, spying (though it was never declared on whose behalf), espionage, and failure to obey a general order. He was arrested by U.S. forces on unsubstantial grounds to be transferred to a United States Navy containment center in Charleston, South Carolina. Later, the charges were quietly dropped. He states that he resigned because no apology was given, nor was there an acknowledgement of error by the US.

Detainees are kept in isolation most of the day, are blindfolded when moving into Camp X-Ray and from place to place within the camp, and forbidden to talk in groups of more than three. American doctrine in dealing with prisoners of war state that isolation and silence are effective means in breaking down the will to resist interrogation. There have been allegations of torture, including sleep deprivation, the use of so-called truth drugs, beatings, locking in confined and cold cells, and being forced to maintain uncomfortable postures.

Member states of the European Union and the Organization of American States, as well as non-governmental organizations such as Amnesty International have strenuously protested the legal status and physical condition of detainees at Guantanamo. In addition, British and American courts have been approached by relatives and friends of detainees to request a legal determination favorable to detainees.

Lord Steyn, a prominent British judge, was quoted in the British newspaper The Independent on November 26 2003 regarding the planned trial of the prisoners by military tribunal:

As a lawyer brought up to admire the ideals of American democracy and justice, I would have to say that I regard this a monstrous failure of justice. The military will act as interrogators, prosecutors and defence counsel, judges, and when death sentences are imposed, as executioners. The trials will be held in private. None of the guarantees of a fair trial need be observed.

At the beginning of December 2003, there were media reports that military lawyers appointed to defend alleged terrorists being held by the US at Guantanamo Bay had expressed concern about the legal process for military commissions. The UK's Guardian newspaper [8] reported that a team of lawyers was dismissed after complaining that the rules for the forthcoming military commissions prohibited them from properly representing their clients. New York's Vanity Fair magazine reported that some of the lawyers felt their ethical obligations were being violated by the process. The Pentagon strongly denied the claims in these media reports.

The Washington Post in a May 8, 2004 article describes a set of interrogation techniques approved for use in interrogating alleged terrorists at Guantanamo Bay which are said by Kenneth Roth, executive director of Human Rights Watch, to be cruel and inhumane treatment illegal under the US Constitution.

On June 15 Brigadier General Janis Karpinski at the centre of the Abu Ghraib prisoner abuse in Iraq said she was told by her superiors to treat detainees like dogs "as it is done in Guantanamo". The former commander of Camp X-Ray, Geoffrey Miller, was the person brought in to deal with the inquiry into the alleged abuses at Abu Ghraib in Iraq during the Allied occupation. Ex-detainees of the Camp have made serious allegations, including alleging Geoffrey Miller's complicity in abuse at Camp X-Ray.

New York Times columnist Thomas Friedman urged George W. Bush to "just shut it down":

[The Camp X-Ray] has become worse than an embarrassment. I am convinced that more Americans are dying and will die if we keep the Gitmo prison open than if we shut it down. So, please, Mr. President, just shut it down.

Later, another New York Times editorial [9] supported Friedman's proposal:

What makes Amnesty's gulag metaphor apt is that Guantánamo is merely one of a chain of shadowy detention camps that also includes Abu Ghraib in Iraq, the military prison at Bagram Air Base in Afghanistan and other, secret locations run by the intelligence agencies. Each has produced its own stories of abuse, torture and criminal homicide. These are not isolated incidents, but part of a tightly linked global detention system with no accountability in law. Prisoners have been transferred from camp to camp. So have commanding officers. And perhaps not coincidentally, so have specific methods of mistreatment.

Relevance of location

Guantanamo Bay is leased from Cuba and is nominally subject to Cuban sovereignty. United States courts have ruled that persons detained in Guantanamo Bay do not have the access to American courts that a person detained within the United States has. The original rulings were made for Cuban and Haitian refugees found on the high seas and sent to Guantanamo where they attempted unsuccessfully to apply for asylum and administrative hearings to avoid repatriation, but the rulings are applicable to other prisoners in Camp X-Ray according to legal precedent.

People with American citizenship are currently not detained at Camp X-Ray and have been kept away from Camp X-Ray.

Legal proceedings

United States Supreme Court

On November 10, 2003, the United States Supreme Court announced that it would decide on appeals by Afghan war detainees who challenge their continued incarceration at the Camp as being unlawful.

On 10 January 2004, 175 members of both houses of Parliament in the UK had filed an amicus curiae brief to support the detainees' access to USA jurisdiction.

On June 28, 2004 the Supreme Court ruled that "illegal combatants" such as those held in Guantánamo can challenge detentions but can also be held without charges or trial.

On June 29, 2006, in Hamdan v. Rumsfeld, the Supreme Court essentially ruled-out the entire concept of enemy combatants being tried by special military tribunals, ruling that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees. [10]

Further proceedings

The trials by Military Commission

On November 8, 2004, a federal court halted the proceeding of Salim Ahmed Hamdan, 34, of Yemen. Hamdan was to be the first Guantanamo detainee tried before a military commission.

Judge James Robertson of the U.S. District Court for the District of Columbia ruled that the US military had failed to convene a competent tribunal to determine that Hamdan was not a prisoner of war under the Geneva Conventions -- specifically Article 5 of the Third Geneva Convention, which reads:

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in , such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

However, a three judge panel overturned Judge Robertson's ruling on Friday July 15, 2005 [11]. The panel's ruling stated that the trial by military commission could, in and of itself, serve as the necessary "competent tribunal".

That panel included John Roberts. The panel made the ruling one business day before President Bush nominated Roberts to fill the vacant post on the US Supreme Court.

Competent tribunals for the other detainees

In July 2004, in response to legal challenges, the United States started conducting Combatant Status Review Tribunals. The US judicial branch agreed with critics of the US executive branch, that the USA did have a treaty obligation to convene competent tribunals to determine whether their prisoners were or weren't "lawful combatants".

On 31 January, Washington federal judge Joyce Hens Green ruled that the Combatant Status Review Tribunals held to acertain the status of the prisoners in Guantanamo as "illegal combatants" were "unconstitutional", and that they were entitled to the rights granted by the Constitution of the United States of America.

The Combantant Status Reviews were completed in March 2005. 38 of the detainees who had been imprisoned, for years, without charge, and subjected to years of abusive interrogation, were determined to have been innocent civilians all along.

Then on March 29 2005 the dossier of Murat Kurnaz was accidentally declassified. Kurnaz was one of the 500-plus detainees the reviews had determined was an "unlawful combatant". Critics found that his dossier contained over a hundred pages of reports of investigations, which had found no ties to terrorists or terrorism whatsoever. It contained one memo that said Kurnaz had a tie to a suicide bomber. Judge Green said this memo:

"fails to provide significant details to support its conclusory allegations, does not reveal the sources for its information and is contradicted by other evidence in the record."

Eugene R. Fidell, who the Washington Post called a Washington-based expert in military law, said:

"It suggests the procedure is a sham, If a case like that can get through, what it means is that the merest scintilla of evidence against someone would carry the day for the government, even if there's a mountain of evidence on the other side."

See also

Topic perspective

• Timeline of the history of Afghanistan
• Platt Amendment - Document that Guarantees U.S. Navy use in Cuba
• Combatant Status Review Tribunal

Prisoners

• Feroz Abbasi (released January 2005)
• Muhammad Ismail Agha (released January 2004)
• Moazzam Begg (released January 2005)
• Mehdi Muhammed Ghezali (released July 2004)
• Mamdouh Habib (released January 2005)
• Yaser Esam Hamdi (transferred April 2002)
• David Matthew Hicks (released to Australian authorities 19 May 2007)
• Mohamed al-Kahtani
• Abdurahman Khadr (released 2003)
• Ridouane Khalid (released March 2005)
• Murat Kurnaz
• Khaled Ben Mustapha (released March 2005)
• Mustaq Ali Patel (released March 2005)
• Asadullah Abdul Rahman (released January 2004)
• Shafiq Rasul (released March 2004)
• Mullah Abdul Salam Zaeef
• Omar Deghayes

There are also an unknown number of 'ghost prisoners', prisoners whose identies and number are not declared by the US government both in Camp X-Ray and in US prisons around the world: CIA's 'ghost prisoners' spark rights concerns.

General principles

• Victor's justice

Controversies

• Qur'an desecration controversy of 2005

External links and references

U.S. sources

• The Prisoner, NOW on PBS
• Ruling saying Hamdan needs competent tribunal to determine his POW status (PDF file)
• GlobalSecurity.org: Profile of Camp X-Ray
• Website campaigning for an end of the detention of several inmates
• Guantánamo detainees mostly young foot soldiers Carol Rosenberg, The Miami Herald, 25 March 2002
• Fate of Prisoners From Afghan War Remains Uncertain, Neil Lewis, New York Times, 24 April 2003
• Do Unto Others: Neil Lewis, from Guantanamo to Plattsburgh, by Matt Taibbi, NYPress, 30 April 2003 - Taibbi takes NYT reporter Lewis to account for coverage of detainees
• American Civil Liberties Union: Federal Court Decision Granting Guantanamo Bay Detainees Judicial Review Caps Red-Letter Day for Checks and Balances
• Guantanamo Human Rights Commission
• Maybe None of Them are Terrorists
• Dana Priest and Joe Stephens. Pentagon Approved Tougher Interrogations, Washington Post. (9 May 2004)
• U.S. Said to Overstate Value of Guantánamo Detainees, NYT 21 June 2004

Miscellaneous sources

• Kuwaiti Family Committee is a site with details about the Kuwaiti detainees.
• Human Rights Watch report
• Amnesty International seeks assurances on Guantanamo
• Amnesty International delivers dossier of concerns
• Amnesty International 2004 report (USA section)
• BBC: Three youths under the age of 16 are being held...
• Daily Mirror: My Hell In Camp X-Ray (12 March 2004)
• Observer: Revealed: the full story of the Guantanamo Britons (14 March 2004)
• The Guardian: continued concerns about torture in the camp (December 2004)
• BBC: Tipton three complain of beatings (14 March 2004)
• "Cuba? It was great, say boys freed from US prison camp, James Astill meets teenagers released from Guantanamo Bay who recall the place fondly". The Guardian. 6 March 2004.
• Schema- root.org: Guantanamo detaineesNews feeds for known Guantanamo detainees
• Guantanamo Human Rights Commission

Supreme Court case and UK parliamentarians' amici curiæ

• Guardian: MPs and peers in Camp Delta plea, January 10, 2004.
• Jenner and Block: U.S. Supreme Court Guantanamo Bay Cases: Brief amici curiae of 175 Members of Both Houses of Parliament of the United Kingdom of Great Britain and Northern Ireland
• FindLaw: Shafiq Rasul, et al. v. George W. Bush, President of the United States, et al. etc.
• Supreme Court of the United States of America: Docket for 03-334 (Rasul v Bush)
• 'They tied me up like a beast and began kicking me' The Observer, Sunday 16 May] 2004] Account of prisoner treatment in Camp X-Ray.
• Q&A: US Supreme Court Guantanamo ruling BBC News. (8 July 2004)