Guantanamo prisoners can expect indefinite stay

Pentagon says new panel will review cases annually

February 13, 2004|By NEW YORK TIMES NEWS SERVICE

WASHINGTON - Senior Defense Department officials said yesterday that they were planning to keep a large portion of the detainees at Guantanamo Bay, Cuba, there for many years, perhaps indefinitely.

The officials said they would soon set up a panel to review the long-term prisoners' situation annually to determine whether they are a threat to the United States or could be released.

The officials described the panel as a "quasi-parole board" of three members before whom prisoners could personally plead their cases for release. At the same time, the officials said, in the coming months they will continue to release to their home governments many other prisoners they have deemed not to be a continuing danger.

The officials spoke as part of a Pentagon effort to counter sharp criticism by members of human rights groups and foreign governments about the situation at Guantanamo, where about 650 people are being held under maximum security, some as long as two years without being charged with any offense. Defense Secretary Donald H. Rumsfeld is scheduled to discuss the matter in a speech in Miami today.

One senior Defense Department official who spoke on the condition of anonymity said that critics in the United States and abroad don't understood the situation at Guantanamo and the need to detain so many people without charging them.

"We feel very much like we are in an active war," said the official, asserting that the civilian law enforcement model in which people are prosecuted for crimes or set free did not apply: "What we're doing at Guantanamo is more understandable in the war context."

The argument that the detentions at Guantanamo should be seen in a wartime context is, however, unlikely to satisfy many critics. Michael Ratner, the president of the Center for Constitutional Rights, said that "the idea that you could theoretically keep someone locked up forever under these circumstances is reprehensible."

"It's nothing to do with law as any person should understand it, at least since the Magna Carta," he said. "How do you know without a trial that these people are even dangerous? It all depends on the military's word."

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