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Obama orders Guantanamo prison closed within a year

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] US President Barack Obama issued an executive order Thursday directing that the Guantanamo Bay military prison be closed "as soon as practicable, and no later than 1 year from the date of this order." The order also instructed Secretary of Defense Robert Gates to immediately halt military commission proceedings pending a comprehensive review of all Guantanamo detentions under the supervision of the Attorney General. Thde instrument stressed the link between closure and review:Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.The order did not specify where detainees would go upon release, but it did call for diplomatic efforts with foreign states in order to facilitate the closure of the facility. Obama also promised conformity with human rights standards in detainee treatment, including Article 3 of the Geneva Conventions. On Tuesday, his first day in office, Obama directed military prosecutors to pursue a 120-day continuance in military commission proceedings at Guantanamo against five alleged 9/11 co-conspirators, including Khalid Sheikh Mohammed. Military judges granted Obama's motion on Wednesday, suspending the proceedings against the 9/11 co-conspirators and against Canadian detainee Omar Khadr. Also Wednesday, Defense Secretary Robert Gates ordered a suspension of all active military commission processes.

Full post as published by JURIST - The Paper Chase on January 22, 2009 (boomark / email).