Since Obama’s victory, human rights groups have pressured the President-elect to make good on his campaign promise to shut down Guantánamo Bay.
Guantánamo has long been under fire for its violation of constitutional rights, such as the indefinite detention of suspects without cause. Over 750 detainees have been held at Guantánamo since 2002. Currently 255 prisoners remain, 60 of which have been cleared for release but cannot return home because they are unwelcome or face torture.
Obama advisers are trying to make his campaign promise a reality. The Obama team proposes to bring detainees back to U.S. soil and try them under a new hybrid court system, combining aspects of military commissions and the U.S. criminal trial system. The new court system would afford fewer rights to detainees than the current criminal justice system.
This proposal has generated controversy. Critics have argued that bringing detainees to U.S. soil would pose a major security risk. Those who are acquitted may be able to stay in the U.S., making some observers uncomfortable. The CIA fears that evidence introduced during trials— specifically witness accounts of terrorist activities—could be too sensitive for public courts. Undercover agents could be called to the stand, thus placed at risk.
There are legal difficulties as well. Government agencies fear that evidence obtained through questionable means—military interrogation or intelligence sources—might be rendered useless in the face of due process. Even human rights groups are voicing complaints about the new court system, claiming that the system does not guarantee enough rights for detainees.
With criticism coming from all sides, one wonders how Obama will manage to please all those concerned. Guantánamo has undoubtedly been one of the most controversial parts of President Bush’s legacy. Getting rid of it would not only boost Obama’s popularity, it would help rebuild the country’s reputation. Unfortunately, implementing the new court system will be difficult at best. The Obama camp has yet to consider the full implications of the proposed system: if transfer difficulties are insurmountable due to the possibility of torture, detainees might stay in the U.S. indefinitely. And the U.S. could be forced to atone for human rights abuses if detainees who have suffered wrongfully sue the government.
While Obama has shown initiative, he has yet to find the ideal solution. He and his advisers must tread carefully, as the Guantánamo question could make or break his political career.