CCR Criticizes Announcement that GTMO Detainees Will Be Moved to Illinois Prison

CONTACT: Jen Nessel , 212.614.6449, jnessel@ccrjustice. org

David Lerner, Riptide Communications, 212.260.5000

CCR (Center for Constitutional Rights)Criticizes Announcement that GTMO Detainees Will Be Moved to Illinois Prison

December 15, 2009, New York – In response to the announcement today that the Obama administration would be transferring detainees from Guantánamo to the Thomson Correctional Center in Illinois , Center for Constitutional Rights (CCR) Executive Director Vincent Warren issued the following statement:

If President Obama is simply moving detainees from one Guantánamo to another, he has done nothing to honor his pledge to close the prison camp. The vast majority of detainees remaining at Guantánamo will never be charged with anything. Yet the president has made clear that he believes he can continue to hold these men, most of whom have already been in Guantánamo for eight years and should never have been detained in the first place, for as long as he wants without any trial whatsoever.

Moving the Guantánamo system onshore is not change. Whether in Thomson , IL , at Guantánamo, or elsewhere, the very idea that we would toss aside our founding constitutional principles and allow any executive the power of kings to imprison someone forever without a trial is anathema to democracy.

The Obama administration has already cleared for release at least 116 of the 210 men who remain at Guantánamo. Many of them have nowhere to go because they are from countries that routinely engage in torture and other human rights abuses. Will they now be subject to inhuman conditions of solitary confinement in a maximum security facility despite the fact that they will never be charged with anything and have been approved for release? For them Thomson , Illinois may be worse than Guantánamo.

While the fear-mongering over bringing any of the men to the U.S. is opportunistic and entirely political, we cannot support this latest move merely to shut down the symbol of Guantánamo without dismantling the injustice of Guantánamo. A change of scenery does nothing to restore the rule of law.

CCR has led the legal battle over Guantanamo for the last seven years – sending the first ever habeas attorney to the base and sending the first attorney to meet with a former CIA “ghost detainee” there. CCR has been responsible for organizing and coordinating more than 500 pro bono lawyers across the country in order to represent the men at Guantanamo , ensuring that nearly all have the option of legal representation. In addition, CCR has been working to resettle the approximately 60 men who remain at Guantánamo because they cannot return to their country of origin for fear of persecution and torture.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www dot ccrjustice dot org.

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Jen Nessel | Communications | Center for Constitutional Rights | 666 Broadway, 7th Floor | New York , NY 10012 | (212) 614-6449 | www.ccrjustice. org

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From: ACLU MEDIA [mailto:media@ aclu.org]
Sent: Tuesday, December 15, 2009 4:57 PM
To: Ateqah Khaki
Subject: ACLU NEWS: Obama Administration Announces Plans To Move Guantánamo Detainees To Illinois Prison

Obama Administration Announces Plans To Move Guantánamo Detainees To Illinois Prison

Creating A 'Gitmo North' An Alarming Step, Says ACLU

FOR IMMEDIATE RELEASE
December 15, 2009

CONTACT: Rachel Myers, (212) 549-2689 or 2666; media@aclu.org

NEW YORK – The Obama administration announced today that it will purchase the Thomson Correctional Center in Illinois for the purpose of holding some of the detainees currently remaining at Guantánamo. Though the administration is leaving unsaid which detainees will be moved there and for what purposes, the information it has provided indicates that some detainees might be held for military commission proceedings in Illinois while others might be held at Thomson indefinitely without charge or trial.

The administration has stated that "any detainees at Guantánamo who continue to be held, and for whom no prosecution is planned, will be held only under authority granted by Congress in 2001 under the Authorization for Use of Military Force, as informed by the law of war." However, the so-called war on terrorism is not a traditional war, having no temporal or geographical boundaries.

The following can be attributed to Anthony D. Romero, Executive Director of the ACLU:

"The creation of a 'Gitmo North' in Illinois is hardly a meaningful step forward. Shutting down Guantánamo will be nothing more than a symbolic gesture if we continue its lawless policies onshore.

"Alarmingly, all indications are that the administration plans to continue its predecessor' s policy of indefinite detention without charge or trial for some detainees, with only a change of location. Such a policy is completely at odds with our democratic commitment to due process and human rights whether it's occurring in Cuba or in Illinois . In fact, while the Obama administration inherited the Guantánamo debacle, this current move is its own affirmative adoption of those policies. It is unimaginable that the Obama administration is using the same justification as the Bush administration used to undercut centuries of legal jurisprudence and the principle of innocent until proven guilty and the right to confront one's accusers.

"It is also greatly disturbing that the administration will continue the use of military commissions, which are no more acceptable in Illinois or any other U.S. state than in Guantánamo. Despite some improvements, the commissions still fall far short of the legal standards necessary to comply with constitutional and international standards, allowing, for example, the use of coerced and hearsay evidence that would not be allowed in federal court. The proceedings will achieve neither reliable justice nor a restoration of America 's credibility around the world.

"The administration must also make very clear what category of detainee will be transferred to Thomson in the future and what kind of prison conditions will apply. Detainees not charged with a crime should not be subject to punitive conditions meant for sentenced prisoners who have been found guilty in a court of law, and all conditions must comply with the Geneva Conventions.

"The administration will no doubt be looking to Congress for legislative buy-in for this facility, and as both branches work together, we strongly urge lawmakers to legislate responsibly and not set any policies or precedents for indefinite detention on U.S. soil, or create any violation of the Geneva Conventions.

"The Obama administration' s announcement today contradicts everything the president has said about the need for America to return to leading with its values. American values do not contemplate disregarding our Constitution and skirting the criminal justice system. After detaining hundreds of individuals without the basic due process rights that define our justice system for almost eight years, it is time to charge suspects where evidence exists and repatriate and transfer the rest to countries where they won't be tortured."

American Civil Liberties Union, 125 Broad Street 18th Floor, New York , NY 10004-2400United States