Guantanamo unlikely to close before Obama's term ends

A sign that Guantanamo Bay is not set to close anytime soon are new construction contracts to build new facilities and repair old buildings at the naval base in Cuba.

There has been $240 million budgeted for improvements and repairs to buildings used by personnel assigned to work on the base. Contracts awarded to five different firms stretch over five years.

One contract awarded to Munilla Construction Management of Miami is for $63 million to build a new school for children of civilians and military working on the island. Even though there are already two schools for those at the base, U.S. officials claim that the facilities are not enough for the 6,000 people at the base.

Base Commander Captain David Culpepper said: "The quality of life for our residents and their families is of the utmost importance and the new school will provide a great opportunity for our children for many years," Construction at the base would indicate that the prison is not to be closed soon or there would not be the need to build a new school. If the base were being closed soon one would think that the present two schools would be more than enough for those who remained working at the base. Cuba has repeatedly asked for the return of the territory as part of normalizing relations between the two countries but there is no sign of that happening. Obama promised to close the base during his 2008 presidential campaign but has yet to do so.

Donald Trump has condemned Obama's plan to close the base and claimed he would keep it open. In February Obama outlined his plans to Congress for closing the base but it immediately was criticized by many Republicans and even some Democrats mostly because it involves bringing some of those held to the continental United States. Congress is vehemently against such a move even though as Obama points out on the appended video, there are a number of convicted terrorists already held in the continental United States without any problems. However, Senate Majority Leader Mitch McConnell said he was not willing to accept bringing suspected terrorists to the US. He said: “The bipartisan will of congress has already been expressed against that proposal.” The plan does not set out exactly where the prisoners might go but even the suggestion to where they might go brought rejections and outcry from the areas named.

Hillary Clinton, who claims to support the closing of Guantanamo, said that she backed Obama's effort to close the prison but also stressed that terrorist suspects would not necessarily be transferred to a military jail here. She is obviously trying to avoid the fact that Obama is intending to relocate some prisoners to the continental U.S.

Senator John McCain, who has been generally supportive of Obama in his attempt to close Guantanamo, was nevertheless critical of his plan. “What we received today is a vague menu of options, not a credible plan for closing Guantanamo, let alone a coherent policy to deal with future terrorist detainees. The president has missed a major chance to convince the Congress and the American people that he has a responsible plan to close the Guantanamo Bay detention facility.”

Some have pointed out that Obama could simply use his executive power to close the base and transfer the prisoners to the U.S. However, such a move is too politically dangerous for him to try. It could damage the chances of Hillary Clinton to be elected president and create a huge outcry in Congress, and even give rise to court challenges. An article earlier this year in Time,goes through the reasons why Obama will not be able to close Guantanamo and concludes:... expect the President and his Team to publicly anguish over closing Guantanamo unilaterally; expect them to decide in the end that the rule of law — which the President holds dear and will play up in his memoirs — forbids it; and expect fifty or so dangerous terrorists to be locked up in indefinite military detention in Guantanamo when the next President assumes office on January 20, 2017.

In the appended video, Obama speaks of Guantanamo violating American values. However moving the suspects to the US and closing down the facility does not change the fact that he is still violating the basic right to be charged if you commit a crime and be able to defend yourself in a court of law. Obama's plan continues the scheme of indefinite detention of those thought a danger to the US with no charge being brought against them and no way for those accused to prove their innocence. If you are a terror suspect you are guilty until those who arrested you think you are no longer a danger and can be released.

Pentagon seeks funding for new facility at Guantanamo

The US Southern Command wants $69 million for a new facility where high-value detainees will be kept. The money is included in an appropriation for the 2017 portion of a four-year plan according to Rear Adm. Kyle Cozad commander of Guantanamo Bay.

At present, high value prisoners are kept at Camp 7, a camp that reporters have not been allowed to visit. Marine General John Kelly told the US Congress last February that Camp 7 had become "increasingly unsustainable due to drainage and foundation issues". However, on a recent interview last Friday, Cozad insisted to reporters: “Quite frankly, there’s no operational issue with that facility today.Otherwise we wouldn’t have folks in there.”
The $69 million was included in an omnibus defense bill earlier this year but was rejected by the Senate that was then controlled by the Democrats and was rejected also by the Defense Department. Cozad would not speculate as to whether the new Republican-controlled Senate would be more likely to grant approval for the funding. Given his position, it is not surprising that Cozad would not express an opinion on the issue, but it seems to me much more likely for the funding to go through now.
 The fiscal year 2017 actually begins on Oct. 1, 2016. The new building and enclosures are clearly intended to house detainees after Obama leaves office in January of 2017. There is obviously no plan for the facility to be closed by then. Cozad claimed it would not be possible to move the 14 or 15 high value captives being held at present to a segregated wing of another camp "based on higher level policy" although he did not explain that reason further. He also said such a move would not be "space prudent".
 The commander of the prison itself Colonel David Heath confirmed that the facility would be unlikely to close during Obama's term of office. Heath's term runs out in mid 2016. Heath told reporters closing the facility before he left was an unrealistic hope. Amnesty International has described Guantanamo as a " symbol of injustice and abuse in the US administration's war on terror" and added "it must be closed down". UN head Ban Ki-Moon also urged closure of the facility.
Yet the US public has never been in favor of closing the facility if it means transferring some detainees to the US. In 2007 51 per cent of Americans polled were in favor of keeping Guantanamo open. By 2009 the number had risen to 65 per cent and that figure now is roughly 66 per cent still. One Kuwaiti cleared for release recently has been returned to his home country However, there are 79 detainees cleared for release still being held. A US Department of Defense official claimed that a dozen more could be released in the coming few months. But there are 148 prisoners left in the facility. Their fate still appears to be that of indefinite detention although a few may eventually face charges before military tribunals.

Guantanamo to get 40 million dollar upgrade

      One of Obama's early promises was to close Guantanamo. Of course it never happened. Now it seems that the facility is being renovated. This is surely a sign that there are no plans to close Guantanamo in the near future.
    A 40 million dollar fiber optic cable system is to be installed to replace a single satellite that works poorly during bad weather. Navy Capt. Kirk Hibbert said: . "It only makes sense to do if we're going to be here for any period of time,"  However an Army official said that the upgrade is meant to serve the naval station to bring it up to par with other bases. He said the U.S. still plans to close the prison facility. Of course he neglected to mention when it would close!
  The project will require congressional approval. Although Cuban authorities have been notified of the project they have no say in the matter. The U.S. has a lease in perpetuity which can be ended only with the agreement of both governments. Of course the U.S. would not agree to vacate the base.
   The Cuban government refuses to recognize the validity of the lease and does not cash the checks provided annually by the U.S. American lawyer Eric Montalvo noted: “... Cuba has requested that the US leave on a number of occasions,”“And if you look at the terms of the agreement, they do not conform to real estate law because there is this rule against perpetuities. You just can’t have something that goes on forever in a lease, there has to be a defined beginning and a defined end.”Might makes right and in this case it is the U.S. not Cuba that has the might. For more see this article.

UN Human Right's Chief criticizes Obama

   Navi Pillay is the chief of Human Rights for the UN. She criticized Obama for not following through on his promise to close Guantanamo three years ago.
    In a statement Pillay said:  “It is ten years since the US Government opened the prison at Guantanamo, and now three years since 22 January 2009, when the President ordered its closure within twelve months,”“Yet the facility continues to exist and individuals remain arbitrarily detained – indefinitely – in clear breach of international law.”  The U.S. considers that the detainees are unprivileged combatants in hostilities between the U.S. and Islamic terrorists and it is legal to hold them indefinitely. However many legal analysts would side with the UN position that holding people indefinitely with no charges is against international law.
   Certainly the practice entails that anyone suspected of terrorism has no right of habeas corpus and can be detained indefinitely without charge. A considerable number of detainees have been released. However in many cases the U.S. cannot find countries willing to receive those who are released. Only six trials have been held so far. Obama has said that some of those detained will probably spend the rest of their lives in custody without trial.
    Eight people detained died in custody. Six of those committed suicide. Advisers to Obama claim he is still committed to closing Guantanamo. I doubt it will be a prominent issue in the upcoming election campaign as the Republicans for the most part are quite happy that the facility remains open. For more see this article.