Posts on “indefinite detentions” in December 2007

2004 G'tmo Manual Restricted Chaplains

Check out Dan Matthews and Julian Assange's Wikileaks analysis of the difference between the 2003 and 2004 Guantanamo Bay manuals. Matthews and Assange note that the 2004 manual restricts detainees' access to prison chaplains -- most likely in response to the case of James Yee, an Army chaplain then suspected of espionage for al-Qaeda and since cleared of all charges. The result of the Yee Affair was, apparently, a transformation of religious-comfort services into a potential intelligence-collection operation:

In March 2003, the chaplain could access detainee areas unaccompanied, and could “speak freely with detainees”, but by March 2004, the chaplain is “assigned an escort” to visit detainee holding areas – potentially a form of surveillance. And the chaplain can “speak with detainees” - but apparently not so freely as before.

Furthermore, in other parts of the manual, the chaplain is again disempowered – from making announcements on the PA system (sections 16-3 and 16-5), from providing religious items (section 16-13). And guards are no longer encouraged to seek the chaplain's advice on religious matters (section 16-14).

Matthews and Assange also note how the manual expresses hostility for the International Committee of the Red Cross:

Edits to the manual suggest that further hurdles may have been placed in the way of the Red Cross. Sction 17-2 stipulates that the Red Cross “is restricted from all buildings without prior approval... except the Detention Clinic and the Detention Hospital.” Then, the Red Cross is required to be aware of “scheduled guard feeding times” and adjust their schedule accordingly.

The Red Cross is prohibited from passing mail between detainees in both manuals. The 2003 manual stipulates in chapter 13 that “At no time should [Red Cross] reps pass any mail between detainees”.

By 2004, the military saw fit to make the stipulation, if nothing else, louder: “AT NO TIME should ICRC reps pass any mail between detainees.”

Today's Must Read

Score another one for Wikileaks. This morning -- thanks to a source known only as "Peryton" -- the open-source website for whistleblower documents published the 2004 manual for U.S. military detention operations at Guantanamo Bay. You can read it, with commentary, here.

Last month, Wikileaks published the 2003 edition of the manual. Among other controversial provisions, the manual instructed officials to hide certain detainees from the International Committee of the Red Cross, a practice that the military repeatedly denied was in existence at Guantanamo. Spokespeople for the U.S. military's Southern Command, which oversees Guantanamo Bay, said the manual was outdated and assured that some instructions that violated the Geneva Conventions were no longer in effect.

It's unclear so far what portions of the 2004 manual remain in place. (Maybe Peryton will enlighten us in the future.) The Washington Post's Josh White quotes Guantanamo Bay spokesman as saying that "things have changed dramatically" at the camp since 2004. But Wikileaks finds that, in key areas, the 2004 manual didn't change so much from 2003:

Systematic denial of Red Cross access to prisoners remains. The use of dogs remains. Segregation and isolation are still used routinely and systematically – including an initial period of at least 4 weeks "to enhance and exploit the disorientation and disorganization felt by a newly arrived detainee", only terminated at the behest of interrogators. Both manuals assert that detainees will be treated in accordance with the "spirit" of the Geneva conventions "to the degree consistent with military needs", but never assert that the conventions are actually being followed at Guantanamo. Put into practice, neither manual complies with the Geneva conventions.

So is the past prologue? We'll find out. For now, though, dig into the 2004 manual and let us know in comments what you think is most significant.



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