Tag: detainees

National Security Committee meeting on Gitmo detainees postponed

Today’s National Security Committee meeting regarding the transfer of Guantánamo Bay inmates to the Maldives has been rescheduled, after Speaker of Parliament Abdulla Shahid requested to cancel it.

The meeting has been postponed for next week, after a call from Shahid to the Chairman of the committee and leader of the People’s Alliance (PA), Abdulla Yameen.

He wanted to postpone the meeting until Parliament reconvenes in June and all committee members are back from leave.

Yameen said the meeting “was cancelled by the speaker,” and has been rescheduled for next Sunday. He said although he was not sure if all members of the committee would be present at the meeting, “we will have quorum.”

He did not want to comment on the issue of the detainees “as of yet.”

Independent MP for Kulhudhuffushi-South, Mohamed Nasheed, said “when the chair wants to hold a meeting, the speaker has no right to postpone it.”

He said the decision to hold a committee meeting, whether during recess or session, was completely up to the chair of the committee, “and there’s nothing the administration or the speaker’s office can do.”

Nasheed said the Majlis committees were all “very democratic institutions,” and all the powers vested in the chair were provided for in the codes.

“The only people who can object is a majority from the committee itself,” he added.

Nasheed said “the meeting will not be cancelled” and there will be “lots of hearings” with the Foreign Ministry, Police, and the Attorney General, among others.

He said the situation will be verified, details asked for and documents submitted on the matter.

“The committee will then make an assessment and then report to the Majlis.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan said Yameen had decided “all the party should be present,” and added “the Parliament should be involved” in deciding upon the issue of the detainees.

He said it was important the meeting was held with “the inclusiveness of all [11] members,” and should be postponed until all members returned from leave.

“If anything happens to Maldives, we should all be concerned about this.”

Price per head

MP Nasheed said he was “not in favour of the meeting going in a particular way,” but he believes it is “a serious issue” where law and policy must be looked at carefully.

He said the government was trying to paint the detainees as “innocent and helpless Muslims,” but, he asked, “if they don’t want them in the jurisdiction of the US, why keep them in a third country?”

Nasheed argued that the detainees’ fundamental freedoms were still being encroached on. “Their movements are still controlled. Why do all these things?”

He said although the “government’s spin” was that they were innocent, he noted that Bermuda’s government was paid US$9 million per head for each Guantánamo detainee they settled in their country.

“They ought not get into this deal just for the money,” Nasheed said, adding that there were children in Vilingili orphanage who needed families, money and staff to look after them. “Why take in Chinese or Palestinians?”

“If they’re innocent, free them,” he said. “But the government is saying they are not even capable of committing a crime. This is absurd.”

He noted the government had initially tried to transfer two Chinese nationals who had been detained at Guantánamo, until a Chinese delegation came to the Maldives protesting that the two men were terrorists.

He said the government withdrew its intention to resettle the two men “only after China issued a press release.”

Precedent

The small South Pacific island nation of Palau, a former US territory until 1994, agreed to take in 17 Muslims from China last June, according to The Times (UK).

The men, from the Xinjiang area in China’s north-west, belong to the Uighur ethnicity.

They claim to have been persecuted for decades under Beijing’s rule, and fled to neighbouring Pakistan.

They were taken to Guantánamo on the basis that they had received a small-arms training, which they claim was to defend themselves from China.

China has repeatedly asked the US government to send the men back to China, claiming they are terrorists, but their plea has met with harsh opposition. The US fears they will be killed or tortured if sent home.

China has also asked many other countries not to take the men in, leaving Palau as the sole country on the list of volunteers to resettle the Uighurs.

They were found innocent in 2004, but remained in Guantánamo until Palau’s government agreed to take them in. Palau is one of the few countries that does not recognise China, but maintains diplomatic relations with Tibet.

Additionally, the US gave Palau US$200 million in “development and budget” aid, but the White House has denied the money is tied to the transfer of the detainees. The Pentagon, on the other hand, has called it a “pay-off.”

Correction: When stating that US$9 million was paid per detainee, MP Nasheed was referring to the case in Palau, although the government of Bermuda also accepted four Uighurs from Guantánamo Bay. Whether Bermuda’s government accepted money from the US was not made public.

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US thanks Maldives while DRP continues opposition to Gitmo decision

The US State Department has thanked the Maldivian government for agreeing to accept detainees from Guantánamo Bay, but opposition parties are still saying they were not informed of the government’s decision.

Spokesman for the US State Department, Philip Crowley, said yesterday: “The United States welcomes the Government of Maldives reaffirmation that it intends to accept detainees from Guantánamo Bay. The United States is grateful to all countries that have accepted detainees [and] for their willingness to support US efforts to close the Guantánamo Bay detention facility.”

Jeffery Anderson at the US Embassy to the Maldives in Colombo said they embassy could provide no further information on the detainees being transferred to the Maldives.

President Mohamed Nasheed said yesterday: “It was very clear back then that people were arrested [and put] in Guantánamo without proper checks. People were just taken from all over and incarcerated. Today, when the jail is being dismantled, and the Maldives is among the few 100 percent Muslim countries in the world, if we can’t care about them, where is the example we are showing to the international community and other people of the book [Jews and Christians]?”

Press Secretary for the President’s Office, Mohamed Zuhair, said he believed the detainee being transferred was a Palestinian man from the West Bank.

“According to the US Department of State, he is not capable of planning or executing a crime,” Zuhair noted.

He said the man belongs to the Tabligh sect of Islam, and added, “that is not criminal behaviour.”

Zuhair said the man was chosen because he was “the least controversial” prisoner and had not been charged with a crime. “This man will have complete records with him,” he said, adding all consultations about his past were held by the US government.

“He did not have a fair trail,” Zuhair noted. “Actually, he did not have a trial.”

He said the Maldives had chosen to take a former prisoner of the detention centre because the Maldives is “one of many interested in closing Guantánamo Bay and the repatriation of the remaining prisoners.”

Zuhair said bringing a Guantánamo detainee to the Maldives would give the country “prestige” and “honour.”

“The [Maldivian] population is devoutly Muslim and this will translate to more prestige and honour and better sentiment towards the Maldives,” he said. “It will have a positive effect all the way.”

Humanitarian action

State Minister of Foreign Affairs, Ahmed Naseem, said it was still premature to talk about how many detainees will be sent from the controversial prison, who they are or when they will be brought to the Maldives.

“It has not come to that stage yet,” he said, “but we have certain ideas of who [will be brought].”

He added that the prisoners still have to be interviewed and many legalities are still being examined.

“We also need to know why these people were arrested,” Naseem noted, emphasising that “we are not bringing any terrorists to the Maldives.”

“Not everyone who was arrested is a terrorist or a criminal,” he said, referring to the Maldivian national Ibrahim Fauzee, who was taken to Guantánamo in 2002 and brought back to the Maldives in 2005.

“His apartment happened to be formerly occupied by Palestinian terrorists and he was taken by police,” Naseem said, noting that Fauzee was later released with no charges.

Fauzee, who is president of the Maldivian religious NGO the Islamic Foundation, said he did not wish to comment on the issue.

Naseem noted that “everybody knows” there were many wrongful detentions made by the USA after the 9/11 attacks, “similar to arrests during Gayoom’s regime.”

He said the nationality of the detainees did not matter, since this is “a humanitarian issue.”

“A lot of Muslims have been affected by this,” he said, adding that as long as the resettlement was within the Constitution and laws of the country, there should be no problem in resettling former Guantánamo Bay prisoners.

Naseem said the US State Department had carefully chosen several countries around the world and had asked them to take in prisoners who were cleared of charges in their bid to close down the detention centre.

“They [USA] has confidence in the Maldives, in our human rights record, and know the [detainees] will have their rights [here].”

He noted the US “will have an obligation” to take into consideration the living expenses for any detainees sent to the Maldives.

“But those details still have to be worked out,” he added.

Naseem said this is “purely based on human rights” and the only reason it was becoming such a big issue locally was because the opposition Dhivehi Rayyithunge Party (DRP) had obtained official papers “and are having a field day with this.”

He added that the decision to resettle the detainees been public knowledge since December last year when President Nasheed announced his intention to bring in detainees during his radio address.

Opposition

The Dhivehi Qaumy Party (DQP) has been especially vocal in its opposition to the resettlement of Guantánamo prisoners.

They wrote in their website: “There is no reason that a small country like the Maldives with limited resources should accept such convicts when a country like America won’t accept them.”

DQP believes the president does not have the Constitutional authority to “transfer convicts” into the country, adding that such an actions would “make expatriates working in the country as well as visiting tourists more unsettled.”

They are planning on filing a case at court and a bill at the next session of Parliament prohibiting the transfer of foreign prisoners to the Maldives.

The party added the government was “not making any effort” to repatriate Maldivians in foreign jails.

DRP MP Ahmed Nihan said he thought the move would be dangerous to the country, claiming, “I do not believe this will make any betterment to the country. It is putting our country in danger.”

He said DRP MP Ali Waheed had sent a letter to the Majlis’ National Security Committee on the issue, but the sitting has been postponed. He said it would hopefully take place in the “coming weeks.”

“We are asking to get more details. No one knows what the government is trying to do,” Nihan said. “We’re totally in a dark place.”

He said his party had an issue with the lack of transparency, noting that they knew nothing about it until “some papers between the President’s Office and some ministries were leaked.”

“The government has already made a binding agreement. Members of the Majlis hope to know about serious matters like this.”

He said resettling Guantánamo convicts in the country is “a serious issue” and could have “serious consequences. If anything happens in the wrong direction, we’re in a serious situation,” he said, referring to the geographic location of the Maldives and the 2008 Mumbai attacks.

“If the government is genuine about this,” he said, “we would already have had negotiations between the government and the Majlis.”

Nihan added that President Nasheed’s remarks to the media yesterday, particularly his dismissal of the opposition’s outcry, was “total rudeness. It was like a comment from George Bush.”

He said he could not speak for his entire party, but said that regardless of whether the government was careful about who they were bringing into the country, “I cannot agree on this.”

History of Guantánamo

Land in Cuba’s Guantánamo Bay in the Oriente Province, the south-east of the island, was rented out by the United States in 1903 to set up a naval base. It was originally used for monitoring illegal migrants trying to enter the United States through Florida and other ports in the Caribbean.

Starting in 2002, prisoners accused of terrorism were sent to a detention centre in the base, after George W. Bush’s administration began capturing “enemy combatants” from around the world following the September 11 2001 attacks.

From its inception the detention centre has been surrounded by accusations of torture and of withholding the rights of prisoners under the Geneva Convention, which would guarantee them a fair trial.

Since 2002, many detainees have been released without charge after years of imprisonment, like Britain’s “Tipton Three,” who were repatriated to England in 2004 after two years of wrongful imprisonment.

In 2009 the White House reported that since 2002, approximately 800 individuals were imprisoned as ‘enemy combatants’ and detained at Guantánamo. Around 500 of those prisoners were either transferred or released, whether to their home countries or to a third country.

Additionally, they note “the Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.”

In January 2009, US President Barack Obama ordered the closing of the Guantánamo detention centre within a year, and assigned a special task force to “consider policy options for apprehension, detention, trial, transfer or release of detainees.” He also banned the use of “harsh interrogations”.

The order states that all prisoners not eligible for transfer must be prosecuted, or the state must “select lawful means…for the disposition of such individuals.”

On the transfer of prisoners, the president’s order reads: “[The Special Task Force] will also look at rendition and other policies for transferring individuals to third countries to be sure that our policies and practices comply with all obligations and are sufficient to ensure that individuals do not face torture and cruel treatment if transferred.”

Crowley added yesterday that “since 2009, the United States has transferred 59 detainees to 24 different destinations; 35 of these have been transfers to third countries.”

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