US: Detainee Transfer Ban Will Hinder Terror Fight (Human Rights Watch)

[ProSense]

US: Detainee Transfer Ban Will Hinder Terror Fight

Action Delays Trial of 9/11 Suspects and Guantanamo Closing

(Washington, DC) - The US Senate's passage on December 22, 2010, of a ban on the use of government funds for the transfer of Guantanamo detainees to the US, even for prosecution, will severely undermine US efforts to fight terrorism, Human Rights Watch said today.

"The Senate vote banning the transfer of Guantanamo detainees is a reckless and irresponsible affront to the rule of law and efforts to protect the US from terrorism," said Tom Malinowski, Washington director at Human Rights Watch. "By hindering the prosecution of Guantanamo detainees in federal court, Congress has denied the president the only legally sustainable and globally legitimate means to incarcerate terrorists."

The provision in the National Defense Authorization Act changes a prior funding ban that blocked the transfer of Guantanamo detainees to the US except for prosecution, thereby preserving the Obama administration's option of trying Guantanamo detainees in US federal courts. The new provision completely strips the government of the federal court option until September 2011 or until a new authorization bill is passed, effectively blocking closure of the Guantanamo detention facilities in the near future. The House of Representatives passed a similar provision on December 17, 2010. The Senate made unrelated changes to the bill, requiring it to be sent back to the House where it is expected to be passed immediately.

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"There is simply no justification for continuing to hold detainees already slated for release," Malinowski said. "As long as Guantanamo remains open, terrorists will continue to use it as a recruiting tool. Congress should be helping President Obama close Guantanamo, not making that task more difficult."

[montanacowboy]

1. Contuining the "terror" fight

is what it's all about - what would we do without boogey men?