GITMO Constitutionality Essay-1170 Words - Essay Prowess

GITMO Constitutionality Essay-1170 Words


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GITMO Constitutionality Essay

In the contemporary world, the security status of a nation plays a fundamental role in ensuring that the overall goal of achieving economic development is achieved. Precisely, when a nation is safe from terrorists attacks, most investors are deemed to launch a myriad of businesses in the area, and this contributes to economic development. This is the core reason why most nations, both the developed and the developing nations are allocating sufficient funds to the security sector, including the incorporation of technological devices, sniffer dogs and increased security personnel. In addition, some nations, especially the developed ones have established specific areas for detaining and interrogating criminal propagators and suspects in order to gain extensive security intelligence concerned planned attacks as well as individuals who are deemed to be of a higher threat to the welfare of the citizens. One of the most common of these facilities is the Guantanamo Bay detention camp in Cuba, which has stimulated a myriad of discussions all over the world. Some sources claim that the Guantanamo Bay detention camp subjects its detainees to severe punishments such as force feeding, indefinite detention, hunger strikes, lashing and others. Others claim that the camp is effective in interrogating and detaining high ranked terrorists. This paper pays high attention to the analysis of whether or not Guantanamo Bay detention camp is constitutional.

There are a myriad of factors that makes the Guantanamo Bay detention camp be hailed as unconstitutional. For example, most detainees in this camp embrace a number of ways that would enable them to end the extensive and severe torture both their seniors (guards who are responsible in monitoring and interrogating the detainees), and from the detainees themselves (those who have been detained for a longer period tends to terrorize or bully the fresh detainees in various ways including sodomizing them). One of these ways is subjecting themselves to hunger strikes so that they can die sooner rather than continue living under the severe harsh and punishable conditions.

However, the interrogating officers tends to adopt combating measures of ensure that the detainees who are on a hunger strike to feed (Source C). Precisely, force feeding strategy is used by the U.S Navy in order to force detainees to eat. According to the revelations of the Guantanamo Bay camp spokesman Samuel House to the New York Times reporters, “We will not allow a detainee to starve themselves to death, and we will continue to treat each detainee humanly.” (Source C). Apparently, this is not the case, especially due to the fact that the introduction of force feeding the detainees is equivalent to the violation of human rights. This practice has been strongly condemned by the American Human Rights group as well as the American Medical association. The American Medical Association president, Jeremy Lazarus composed a letter to the Secretary of Defense Chuck Hagel informing him that every competent patient has the right to accept or refuse treatment intervention, including the life-threatening interventions (Source C).  According to him, the aspect of force feeding detainees is equivalent to administrating force treatment to a patient, and this is absolute violation of his or her rights.

In addition, some detainees in Guantanamo Camp have been cleared for release but they are still in the camp. According to the law, anyone is innocent until he or she is proven guilty by the courts of law. Currently, the Guantanamo camp has approximately 171 detainees, out of which more than half of them have been cleared for release but they are still serving in the hellish prison camp (Source B). To worsen the situation, some of these detainees who have been clear for release are still attempting to go for a hunger strike. If he or she manages to commit suicide while in the prison, his life will be lost yet he never had further questions to answer to the interrogating officers in that camp. Close sources reveal that the last lot of detainees to be released was on September 2012, after which the U.S government put the release efforts on hold (Source C). A good example is Shaker Aamer, a Saudi Arabian 45-year old man, and a father of four who had been detained in this camp after being suspect to have a leading lights with the Osama bin Laden`s al-Qaeda (Source D). After extensive interrogation and investigations, there was no substantial evident that linked Aamer with the terrorist group, and was cleared for release five years ago, but he is still serving in the prison.

The worst situation of all is the extensive torture that the detainees are subjected to while in the Guantanamo camp. Though the U.S government, especially the Bush and Obama administrations gave the military force the legal autonomy of using any means possible in extracting information from the terrorists, the national and international standards, including the common article three of the Genera Conventions stipulates that the conditions for detentions should be secure, safe and humane (Source B). In addition, though the law of war allows law enforcers to engage with terrorists in with all means possible, including arresting the enemy or shooting to kill, it stands to be different with treating terrorists who have been already arrested, such as the detainees who are serving the Guantanamo Bay camp. Apparently, the detainees are in chains, covered on their eyes, and forced fed of a tube on the nose, but despite the fact that they are defenseless; they are subjected to extreme torture, no hope, no trial and no charge (Source A). The Guantanamo camp detainee`s experience reveals the nature that the detainees are subjected to while in prison. According to him, he was terrified when he heard guards carting heavy chains and shouting at his door, since he always expected the worst as usual. The extent of torture goes to the extent of detainees being deprived from light and sunlight, but instead forced to bear the extreme cold, which may risk them from suffering from cold related health conditions such as pneumonia.

Despite that the Guantanamo Bay camp being criticized by some parties, the camp is as well supported by individuals in the world. For example, some argue that the camp helps in detaining high ranked terrorists such as the Khalid Sheikh Mohammed, who was one of the architect of September 11 attack that claimed almost 3000 lives (Source B). They argue that the detainees have valuable information which can help the security detail to unearth other planned terrorists attacks across the globe. Consecutively, most depict that in order to defeat Al Qaeda and other terrorist groups, the intelligence service must have the information concerning what these terrorist groups have on the planned attacks, and this cannot be achieved if lawful detention facilities such as the Guantanamo bay detention camp are not in place.

Works Cited

Source A (political Cartoon on GITMO)

Source B (Below determines why GITMO is a good thing)

Source C (Below are facts about GITMO)

Source D (Below is a exerpt from a journalists experience in GITMO)