The Department of Defense announced in a press relase dated August 26, 2008, “the transfer of two detainees from Guantanamo Bay, Cuba, to Algeria”:
No. 721-08
August 26, 2008
Detainee Transfer Announced
The Department of Defense announced today the transfer of two detainees from Guantanamo Bay, Cuba, to Algeria. These detainees were determined to be eligible for transfer following a comprehensive series of review processes.
The transfer is a demonstration of the United Statesâ desire not to hold detainees any longer than necessary. It also underscores the processes put in place to assess each individual and make a determination about their detention while hostilities are ongoing â an unprecedented step in the history of warfare.
The Department of Defense has determined â through its comprehensive review processes - that more than 65 detainees at Guantanamo are eligible for transfer or release. Departure of these detainees is subject to ongoing discussions between the United States and other nations.
Since 2002, more than 500 detainees have departed Guantanamo for other countries including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.
There are approximately 260 detainees currently at Guantanamo.
In early July, 2008, The DOD announced another 2 Guantanamo detainees had been released:. (No. 561-08 - July 02, 2008)
Consider Article 3 of the U.N. Convention against Torture, which the United States is a signatory of:
Article 3
1. No State Party shall expel, return (”refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Amnesty International and Human Rights Watch consider Algeria to be a state which regularly tortures:
Torture and other ill-treatment continue to be perpetrated with impunity in Algeria in cases of individuals who are thought to have information about terrorism.
The Department for Information and Security (DRS), widely known as Military Security, an intelligence agency within the military that specializes in counter-terrorism, operates with great secrecy.
The DRS systematically holds suspects in secret places of detention, and their families receive no information about their whereabouts, sometimes for months. While held by the DRS, detainees have no contact with the outside world and there are persistent reports of torture and other ill-treatment.
Statements established by the DRS are regularly used in court to obtain convictions for terrorism related offences, while allegations of torture or other ill-treatment in DRS custody are never investigated.
Methods of torture include beatings, electric shocks, the forced ingestion of dirty water, urine or chemicals, and the suspension of detainees from the ceiling. Most detainees do not have access to a lawyer when they are first brought before a judge.
Algeria: Persistent torture by the Military Security in secret locations, Amnesty International, June 10, 2007
Beatings, electric shocks and the forced ingestion of dirty water, urine and or chemicals are just some of the methods that continue to be used by Algeria’s security forces with systematic impunity, Amnesty International revealed in a report published today.
Based on a series of case studies collected between 2002 and 2006, the report shows how the “war on terror” is serving as an excuse to perpetuate torture and ill-treatment by Algeria’s “Military Security” intelligence agency, officially known as the Department for Information and Security (DĂ©partement du renseignement et de la sĂ©curitĂ©, DRS).
Algeria: Evidence of persistent torture by the Military Security in secret locations, Amnesty International, July 10, 2006
The United Kingdom cannot deport security suspects at risk of torture to Algeria without violating international law, Human Rights Watch said today. British Foreign Secretary Jack Straw said after official talks in Algiers on February 16 that âgood progressâ had been made on a deportation agreement and that both countries wanted to sign âas soon as possible,â according to Reuters news agency.
The proposed agreement reportedly resembles the memoranda of understanding (MOUs) that the U.K. has already reached with Jordan, Lebanon, and Libya. Under these memoranda, the receiving governments provide âdiplomatic assurancesâ that they will not mistreat persons that the other country transfers to their territory.
âThese MOUs will not prevent torture,â said Sarah Leah Whitson, executive director of Human Rights Watchâs Middle East and North Africa division. âOn the contrary, they are tacit admissions that torture is practiced and that these individuals are at risk.â
U.K.-Algeria Deal to Deport Suspects Is Fig-Leaf for Torture, Human rights Watch, March 8, 2006
From the DOD Press Released cited above:
“more than 500 detainees have departed Guantanamo for other countries” - “There are approximately 260 detainees currently at Guantanamo.” A conservative estimate of the total number of humans who have been detained as
“unlawful combatants” is more than 800, but only 21 detainees have been charged by the United States Government. That is less than 2.7%.
Now add into this mix:
United States Constitution; Article. VI.; Clause 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Irony of Two Georges
Why have the American Citizenry forgotten Our Dreamtime?
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.
He has made judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended legislation:
For depriving us, in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: