President Biden rejects plea deal for Guantanamo prisoners, denying medical treatment and solitary confinement
In a controversial move, President Joe Biden has rejected the plea deal proposed by lawyers representing five prisoners held in the Guantanamo Bay prison camp. These prisoners, who were initially held at CIA black sites before being transferred to Guantanamo, have requested medical treatment for the physical and psychological damage they suffered as a result of years of torture.
The detainees, accused of conspiring to carry out the September 11, 2001 terror attacks, have also requested that they not be placed in solitary confinement if they agree to plead guilty in exchange for a life sentence. However, Biden has reportedly turned down both of these requests.
The five men, including Khalid Shaikh Mohammed, who is alleged to be the mastermind behind the 9/11 attacks, were captured shortly after the attacks and have been held without formal charges or a trial. They were subjected to enhanced interrogation techniques, which have been widely condemned as torture.
Currently, 30 prisoners remain in legal limbo at Guantanamo, outside of any constitutional judicial system. They are subject to the rules of military commissions, where the prosecutor, judge, and jury are all military officers. These prisoners include Abd al-Rahim al-Nashiri, who is accused of organizing the suicide bombing of the USS Cole in 2000.
The US government has been trying to resolve the cases of the 9/11 defendants without going to trial, as the proceedings could expose the government-sanctioned torture they endured. The use of torture in obtaining confessions would undermine the legitimacy of the prosecutions and could even result in the release of the detainees under international law.
Military prosecutors and the lawyers for the prisoners have been seeking a plea deal that would avoid trials and potential death sentences. However, Biden’s rejection of the proposed plea deal conditions indicates a significant setback for these efforts. The President’s decision is reportedly in line with the recommendation of Secretary of Defense Lloyd Austin.
The prisoners, including Khalid Shaikh Mohammed, have been held by the US for over two decades. In 2007, military prosecutors brought clean teams of interrogators to Guantanamo to obtain confessions that were supposedly free from coercion. However, these methods of torture, including waterboarding and prolonged isolation, have been deemed as war crimes under international law.
In an exceptional ruling, the presiding judge in the case against al-Nashiri found a confession obtained without coercion inadmissible, stating that it was tainted by years of torture. This ruling has added further complications to the military commission proceedings.
Meanwhile, selected families of 9/11 victims were alerted by the Pentagon about discussions on a potential plea bargain that would forgo a trial and result in lifetime prison sentences for the accused. However, more than 2,000 family members of the victims signed a letter urging Biden to oppose any plea agreement, arguing for the death penalty instead.
This development highlights the lack of accountability for the torture carried out under successive administrations. The rejection of the plea deal demonstrates the complicity of the entire US political establishment in war crimes and police state methods.
The future of the Guantanamo detainees remains uncertain, as their cases continue to be marred by controversy and legal challenges. The decision to reject the proposed plea deal brings them no closer to resolution and leaves many questions unanswered about their fate and the US government’s commitment to justice and human rights.
