Legal Commentary

A Dark Symbol

By TChris

Barry Wingard represents Fayiz Mohammed Ahmed al-Kandari, a Kuwaiti who has been detained at Guantanamo for seven years. While Kandari is no longer subjected to "enhanced interrogation techniques," his life hasn't otherwise improved since President Obama ordered Gitmo's closing. It has, in fact, worsened in some respects.

Fayiz reports that a small number of military guards have begun to punish any detainee resistance or infraction, even minor ones such as talking back or hanging towels in the wrong location. The special unit of guards known as the Immediate Reaction Force — whom the cell-block guards call for assistance — has increased its number of bruising “cell extractions,” he says; almost every day, a detainee is forcibly removed from his cell as the guards show the prisoners who is in charge. Fayiz was extracted from his cell three times in a 10-day period this spring.

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Meanwhile, pictures, videos and even Fayiz’s prayer rug and cap have been taken recently (though since returned) because Fayiz refused to shower in front of guards.

If Gitmo actually closes, detainees fear that the more aggressive military guards will make good on their threat to give them "a farewell to remember."

President Obama can't micromanage the behavior of guards at Gitmo, but he can and should make clear to military leaders that they are accountable for the guards' conduct. As importantly, he can and should disavow any intent to "reassert presidential authority to incarcerate terrorism suspects indefinitely."

As Wingard states, "Gitmo has become a dark symbol of American injustice." It's time to bring due process to detainees like Kandari while assuring their humane treatment until they are tried or released.

Full post as published by TalkLeft on July 05, 2009 (boomark / email).