Assurances Sought Before Guantanamo Inmates Go

Team Infidel

Forum Spin Doctor
Wall Street Journal
September 16, 2008
Pg. 20

U.S. Fears Detainees Returning to Yemen Will Still Pose Threat
By Mariam Fam
SANA'A, Yemen -- U.S. Defense Secretary Robert Gates -- and both presidential candidates -- have said they want to shut down the Guantanamo Bay detention facility. Before that happens they will need to overcome U.S. concerns that members of the biggest block of terrorism suspects there, Yemeni nationals, won't be properly monitored if they are sent home.
In a visit to Yemen over the weekend, U.S. Assistant Secretary of Defense Michael Vickers discussed cooperation with the Yemeni government to establish a "facility" to receive released detainees, according to a news release on the Web site of the U.S. Embassy in Sana'a.
Since the prison was established in 2002, more than 500 detainees have been released, but only about a dozen Yemenis have been let go because U.S. officials have been wary about what they might do next. About 100 Yemenis are currently detained at the U.S. installation in Cuba, out of about 255 inmates. Some Yemenis are among a group of detainees who have already been cleared for release.
The U.S. returns detainees "when we are satisfied that the receiving country will both take adequate steps to prevent the individual from returning to the fight and will treat him humanely," said Navy Cmdr. J.D. Gordon, a Pentagon spokesman. "We have had concerns that the Yemeni [authorities] won't take the appropriate steps to mitigate the threats the detainees pose to the international community," he said. Cmdr. Gordon added in a subsequent email that the Pentagon was "optimistic" about reaching an agreement with Yemen on returning detainees.
A rehabilitation scheme in Saudi Arabia, which includes religious reeducation and psychological counseling, has won U.S. praise. More than 100 Saudis have been sent home so far.
Mohammed Albasha, a spokesman for the Yemeni Embassy in Washington, said in recent days the Yemeni and U.S. sides have made progress toward an agreement on a rehabilitation program. The Pentagon said "constructive dialogue" is continuing.
The U.S. has been demanding Yemen lock up or keep under close surveillance some of the Yemenis that Washington returns home, according to Yemeni Foreign Minister Abu-Bakr al-Qirbi. Mr. al-Qirbi said returnees will be put on trial if there is evidence that warrants it.
The impoverished country is seen by many as a fertile ground for militancy, and al Qaeda is active here. Yemen's government has sought to stamp out militants and declared itself a U.S. ally in the war on terrorism. The U.S. Embassy's Web posting said Mr. Vickers praised some recent Yemeni counterterrorism operations but said more measures were needed to "deny safe-haven in Yemen for international terrorists."
Washington is seeking the extradition of two men wanted in the U.S. on terrorism charges, but Yemen has refused.
Some of the Yemenis at Guantanamo could eventually be tried in front of military tribunals. In Guantanamo's first such trial, Salim Hamdan, a Yemeni who was Osama bin Laden's driver, was convicted of providing material support for terrorism and sentenced in August to 66 months in prison. With time served taken into account, his sentence will be up in January.
A U.S. Supreme Court ruling in June gave Guantanamo inmates the right to challenge their detention in federal courts, putting more pressure on U.S. officials to come up with solid cases against inmates or move them out. "The U.S. should not continue to warehouse...men from Yemen, simply because it doesn't fully trust [the country's] government," said Jennifer Daskal, senior counterterrorism counsel for Human Rights Watch.
U.S. and Yemeni officials say they have been discussing a possible Yemeni rehabilitation program. A Yemeni cleric and judge tried a similar idea from 2002-05 with militants in Yemeni jails. Hamoud Al-Hitar, now the country's minister of endowment and guidance, used the Quran, sayings of the Prophet Mohammed and the Yemeni constitution to try to convince inmates that a radical, violence-espousing understanding of Islam was wrong. "Jihad in Islam is there for defense and not for offensive attacks" he said he reasoned with them. He said more than 360 militants were released after going through the program, but said he doesn't follow up with all of them on "a regular basis."
U.S. officials met with Mr. Al-Hitar in July as part of discussions about how Yemen might handle Guantanamo prisoners if they are repatriated. Yemeni officials said they could incorporate Mr. Al-Hitar's program, which was touted by Yemen as a success, into a larger rehabilitation scheme.
 
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