WASHINGTON — This month marks a critical juncture in the long saga of the last detainees at Guantanamo Bay, captured following the devastating September 11, 2001, attacks orchestrated by al-Qaida.
Both court decisions and negotiations regarding these detainees will influence their futures at the U.S. naval base in Cuba, particularly for those accused of being involved in some of history’s most significant attacks.
The Biden administration is striving to resolve a large number of these cases by January 20, the date set for Donald Trump’s potential return to office.
During his previous presidency, Trump sought to maintain the facility’s operation, and his designated defense secretary has previously expressed opposition to its closure.
Currently, the administration is engaged in a final push to obstruct a plea arrangement for Khalid Sheikh Mohammed, identified as the alleged mastermind behind the 9/11 attacks, alongside two associates.
This plea deal, which would eliminate the threat of the death penalty for the accused, was initially negotiated by the Defense Department but later rejected by the administration.
At its peak, the detainee population at Guantanamo reached nearly 800 men, captured by U.S. forces or their allies across various regions, including the Middle East and Central Asia.
As the George W. Bush administration initiated its so-called “war on terror,” many of these individuals were flown to the military-operated facility under grim conditions.
Reports indicate that numerous detainees underwent torture while in CIA custody, complicating any legal resolution and negatively impacting the U.S. image globally.
According to Human Rights Watch, most of the detainees have been held without formal charges or trial.
Presently, the number of detainees has dwindled to just 15, marking a significant reduction over the years.
The circumstances leading to their being held in military detention outside U.S. jurisdiction began with the Bush administration’s decision in January 2002, following the 9/11 attacks that destabilized both the United States and international relations.
The hijackers, affiliated with al-Qaida, executed a coordinated assault, targeting the World Trade Center, the Pentagon, and even a field in Pennsylvania.
As military operations were launched in Afghanistan and Iraq, the U.S. established Guantanamo as a detention center, invoking military law from World War II.
Many of the detainees had no established connections to extremist factions.
Bush’s vice president, Dick Cheney, labeled Guantanamo detainees as “the worst of the worst,” justifying their exclusion from the rights granted by the U.S. Constitution.
In 2008, however, the Supreme Court ruled that the detainees must indeed be afforded these constitutional protections.
The military’s actions have succeeded in greatly diminishing al-Qaida’s capabilities for conducting large-scale attacks; however, the repercussions from such conflicts, alongside the human suffering of detainees subjected to torture and extended confinement, have marred the achievements.
Lawyers and experts describe the early mistreatment of prisoners as the “original sin,” casting a shadow on any subsequent legal processes.
Annual expenses for maintaining the facility exceed $540 million, averaging about $36 million for each of the 15 current detainees.
The Biden administration is also negotiating the return of three American citizens believed to be in Taliban custody in Afghanistan since 2022.
The Taliban, which regained control in Afghanistan in 2021 after being removed by U.S. forces, is engaged in talks about a potential exchange.
The Americans involved include Ryan Corbett, taken during a business visit; George Glezmann, an airline technician seized by the Taliban; and Mahmood Shah Habibi, an Afghan-American who once worked for a telecommunications company in Kabul.
One potential counterpart in these negotiations is an Afghan national who spent years at Guantanamo and played a significant role in the Senate Intelligence Committee’s report on the CIA’s torture practices.
It remains uncertain whether a resolution could be finalized before the end of the Biden administration, as the Taliban is reportedly seeking additional concessions, including the release of other detainees.
Since taking office, Biden has managed to lower Guantanamo’s population from 40, including a recent transfer of 11 men from Yemen who had been held without charges for over 20 years.
The U.S. faces challenges in identifying nations willing to accept former detainees while ensuring their safety from potential abuse or radicalization.
In a recent federal case, an Iraqi detainee with physical disabilities is contesting plans for his transfer to Iraqi custody, citing concerns about the conditions he may face, while highlighting the complexities surrounding the management of detainees.
Among the remaining detainees, six have not faced charges, and advocacy groups urge Biden to secure their release before his term concludes.
Among the charges pressed against the detainees are those linked to the 9/11 plot, a bombing in Bali in 2002, and the 2000 bombing of the USS Cole.
As the lengthy prosecution continues, military prosecutors recently informed victims’ families of a potential plea deal that could provide closure.
This agreement would require Mohammed and his associates to plead guilty to a multitude of murder charges in exchange for life sentences while addressing the victims’ families about the attacks.
In the ongoing dispute within the administration, Defense Secretary Lloyd Austin has argued for terminating the negotiated plea deal, asserting that such a grave matter should fall under the defense secretary’s jurisdiction.
The Biden administration has filed an appeal to block the plea agreement, leaving the detainees’ future in a precarious balance.
As the clock ticks down to Trump’s possible return, uncertainty lingers over how he might approach the issue of Guantanamo during a second term.
In his previous term, Trump signed an order to keep the facility open, canceling Obama’s plan to close it, a promise that was never fulfilled.
Trump’s proposed defense secretary has expressed support for maintaining the detention center, arguing that the prolonged legal processes undermine U.S. credibility and suggest that militants can leverage legal defenses effectively.
In response to the plea deals, Republican lawmakers are planning to introduce legislation to establish mandatory death-penalty trials for the detainees involved in the gravest offenses.
The proposed bill would also impose solitary confinement on the suspects and restrict their transfers to other countries.
