In this occasional feature, the National Post tells you everything you need to know about a complicated issue. Today: Katherine Laidlaw on Guantanamo Bay.
Q: What’s happening with Guantanamo Bay right now?
A: Cases at Guantanamo Bay are on hold for the roughly 230 detainees left in the prison, as the U.S. government reviews each prisoner to decide if they are eligible for transfer or prosecution either by military commission process or federal court. Twelve detainees have been tranferred from the Cuba prison to foreign countries, including Saudi Arabia, France, Afghanistan, Chad and the United Kingdom, since the review began in January. More than 540 prisoners have been transferred from Guantanamo Bay since 2002. The cases will be paused until September 16, when a court-granted continuance runs out.
Q: What role has government lobbying played in the release of other prisoners from Guantanamo Bay? Who is lobbying who? The United States to other countries, or vice versa?
A: The task force overseeing Guantanamo Bay’s review is looking at each detainee’s eligibility for transfer to another country or prosecution on a rolling basis. If the task force decides a prisoner is eligible for release, the United States employs a “very aggressive effort” to speak with different countries regarding detainees, said Dean Boyd, spokesperson for the U.S. Department of Justice. “We certainly welcome the assistance of the international community.”
Q: How does Omar Khadr differ from the other foreign prisoners released from Guantanamo Bay? Is he still being held there because his case is pending?
A: Mr. Khadr is being held because he still faces charges according to the U.S. military commission, and Ottawa has not intervened to bring him home for a Canadian trial. Now 22, the Toronto-born Mr. Khadr has been held at Guantanamo for 7 years, since the age of 15. He faces charges of allegedly murdering American soldier Christopher Speer, along with charges of attempted murder, conspiracy, spying and providing material support for terrorism. Because the U.S. government is reviewing each case, his case is now on hold. “The government said ‘OK, let’s just pause while the government sorts through exactly what it wants to do while this review is continuing,” said Joe DellaVedova, spokesperson for the military commission. “Nothing has been rescheduled in the Khadr case yet.”
Q: What happens to Guantanamo Bay after September 16?
A: “We will let you know when we get there,” Mr. Boyd said. Dates for mental competency proceedings of some detainees have been scheduled for late September, according to the Department of Defense.
Q: What does that mean for Omar Khadr?
A: That depends. The Canadian government has said they will wait for a decision from the White House on the Guantanamo tribunals before proceeding, although on Tuesday it filed an appeal to the Supreme Court of Canada against a decision made by the federal appeal court ordering the government to try to repatriate Mr. Khadr. Yesterday, the Canadian foreign affairs office said President Barack Obama had not indicated to Canada what the U.S.’s plans are for Mr. Khadr. The Canadian government has said because of the seriousness of Mr. Khadr’s charges, he should face military justice in the U.S.
