President Obama Tries to Pass Guantanamo Closure Buck to Congress

Cross-posted from the People’s Blog for the Constitution.

GuantanamoAs the hunger strike at Guantánamo has widened to include all of the men held there, President Obama recently announced that he would renew a push on Congress to close the prison and examine his administrative options. However, the implication that Congress is preventing the closure of Guantánamo is at best disingenuous.

Obama has the power to transfer prisoners from Guantánamo right now. The president himself has placed a uniform ban on transferring any prisoners to Yemen, a collective punishment policy that he could reverse immediately. He could also release prisoners by issuing a certification through the Department of Defense and State that the administration has steps to assure the secure release and monitoring of the prisoners.

Moreover, President Obama’s seemingly newfound rhetorical opposition to indefinite detention runs counter to the policies of his administration. While he may have tried to move the prisoners to the United States, he still wanted them indefinitely detained, in violation of the Constitution and International Law. This has left even supporters of his detention policy befuddled.

The Guantánamo hunger strike can only be ended by the administration taking meaningful steps to close the prison. Those steps can begin immediately by releasing the 86 men who have been cleared for release by the government itself. The remaining men should either be given a speedy and fair trial or released as well.

The men at Guantánamo are resolute to peacefully protest through a hunger strike until they receive justice. One of them, Moath Hamza Ahmed al-Alwi put it this way:

I do not want to kill myself. My religion prohibits suicide. But I will not eat or drink until I die, if necessary, to protest the injustice of this place. We want to get out of this place. It is as though this government wishes to smother us in this injustice, to kill us slowly here, indirectly, without trying us or executing us.

Currently, 21 of the men, including Mr. al-Alwi, are being force-fed in violation of medical ethics. The force-feeding process is brutal, as was described by one prisoner in an New York Times op-ed and can constitute torture, if undertaken as a form of punishment.

As the hunger strike continues, people across the world are pushing for the closure of Guantánamo and an end to indefinite detention. A change.org petition started by a former Guantánamo prosecutor, calling for the prison’s closure, has gained over 100,000 signers in less that two days. From May 17-19, people of conscience will stand together to demand that President Obama close the United States’ forever prison.

Michael Figura is a legal fellow for the Bill of Rights Defense Committee.