Detainee Transfer Announced

The Department of Defense announced today the transfer of Saiid Farhi from the detention facility at Guantanamo Bay to the Government of Algeria. Farhi was ordered released by the U.S. District Court for the District of Columbia on Nov. 19, 2009.

As directed by the President’s Jan. 22, 2009, executive order, the interagency Guantanamo Review Task Force conducted a comprehensive review of this case.  As a result of that review, which examined a number of factors, including security issues, Farhi was approved for transfer by unanimous consent among all six agencies on the task force.  In accordance with Congressionally-mandated reporting requirements, the administration informed Congress of its intent to transfer this individual.

The United States is grateful to the Government of Algeria for its willingness to support U.S. efforts to close the Guantanamo Bay detention facility.  The United States coordinated with the Government of Algeria to ensure the transfer took place under appropriate security and humane treatment measures.

Today, 173 detainees remain at Guantanamo Bay.

Detainee Transfer Announced

The Department of Defense announced today the transfer of two detainees from the detention facility at Guantanamo Bay to the government of Germany.

As directed by the President’s Jan. 22, 2009 executive order, the interagency Guantanamo Review Task Force conducted a comprehensive review of these cases.  As a result of that review, which examined a number of factors, including security issues, the two detainees were approved for transfer by unanimous consent among all the agencies involved in the task force.  In accordance with Congressionally-mandated reporting requirements, the administration informed Congress of its intent to transfer these individuals at least 15 days before their transfer.

The two detainees were transferred to the government of Germany for resettlement in the states of Hamburg and Rheinland-Pfalz.  Their identities are being withheld at the request of the German government for privacy reasons.  The United States is grateful to the government of Germany for its willingness to support U.S. efforts to close the Guantanamo Bay detention facility.  The United States coordinated with the government of Germany to ensure the transfer took place under appropriate security measures.

Since 2002, more than 600 detainees have departed Guantanamo Bay for other destinations, including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Bermuda, Cape Verde, Chad, Denmark, Egypt, Georgia, France, Hungary, Iran, Iraq, Ireland, Italy, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Palau, Portugal, Russia, Saudi Arabia, Slovakia, Somalia, Spain, Sweden, Switzerland, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

Today, 174 detainees remain at Guantanamo Bay.

Closing Guantanamo Bay

The Boston Review website now features a forum on the prospects and problems of closing Guantánamo Bay. In the lead article, David Cole, Nation legal affairs correspondent and Georgetown law professor, argues for a surprisingly middle of the road position, acknowledging both the need to stop ongoing abuses and maintain flexibility in the fight against al Qaeda and other threats. Cole's approach permits preventive detention, but restricts it to a limited class of enemy fighters—not extending it to "suspected terrorists." This policy is, he says, "sensitive to both security and liberty."

The forum also features three responses to Cole's proposal. Joanne Mariner, director of Human Rights Watch's Terrorism and Counterterrorism Program, rejects preventive detention and suggests some alternatives. Eric Posner, professor of law at the University of Chicago, criticizes the limited scope of Cole's approach to detention and attempts to justify the restriction on civil liberties by the Bush administration. Finally, Robert Chesney, professor of law at Wake Forest University, agrees philosophically with that Cole proposes but criticizes Cole's legal method for tackling the issue.

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