奧巴馬又反口 50人未經審判拘禁在關塔那摩

50人未經審判被確定拘禁在關塔那摩
50 identified for detention without trial at Guantánamo
PETER FINN in Washington
The Irish Times - Saturday, January 23, 2010

A US justice department-led task force has concluded that almost 50 detainees at the military prison at Guantánamo Bay, Cuba, should be held indefinitely without trial under the laws of war, according to Obama administration officials.
一美國司法部領導的工作小組已結論，近50名被拘禁在古巴關塔那摩灣軍事監獄之仕，在戰爭法下應該毋須審判被無限期關押，根據奧巴馬政府官員。
The task force’s findings represent the first time that the Obama administration has clarified how many detainees it considers too dangerous to release but unprosecutable because officials fear trials could compromise intelligence-gathering and because detainees could challenge evidence obtained through coercion.
工作小組的調查結果，首次代表奧巴馬政府已分清楚，有多少拘留者被認為是太危險去釋放但又難以控告，因為官員們懼怕審判可能影響情報收集，因為被拘留者可以挑戰由通過脅迫而取得的證據。
Human rights advocates have bemoaned the administration’s failure to fulfil President Barack Obama’s promise last January to close the Guantánamo Bay facility within a year as well as its reliance on indefinite detention, a mechanism devised during George W Bush’s administration that they deem unconstitutional.
人權活動人士哀嘆政府未能履行總統奧巴馬於去年1月的承諾，在一年內關閉關塔那摩灣的設施，以及合上其對無限期拘留的依賴，他們認為在布殊政府時制定的這一個機制不符合憲法。
The task force has recommended that Guantánamo detainees be divided into three main groups: about 35 who should be prosecuted in federal or military courts; at least 110 who can be released, either immediately or eventually; and the nearly 50 who must be detained without trial.

Administration officials argue that detaining terrorism suspects under Congress’s authorisation of the use of force against al-Qaeda and the Taliban is legal and that each detainee has the right to challenge his incarceration in habeas corpus proceedings in federal court.

“The task force recommendations are based on all of the known information about each detainee, but there are variables that could change a detainee’s status, such as being ordered released by the courts or a changed security situation in a proposed transfer state,” an administration official said.

Moving a significant number of detainees to the United States remains key to the administration’s now-delayed plan to empty the military facility. The federal government plans to acquire a state prison in Thomson, Illinois, to house Guantánamo detainees, but the plan faces major hurdles.

Congress has barred the transfer of Guantánamo detainees to the US except for prosecution. And a coalition of Republicans opposed to any transfers and some Democrats critical of detention without trial could yet derail the possibility of using the Thomson facility for anything other than military commissions, according to congressional staffers.

Some European officials, who would like to see Guantánamo Bay closed without instituting indefinite detention, are advocating the creation of an internationally funded rehabilitation centre for terrorism suspects in Yemen and possibly Afghanistan. They say such a facility would gradually allow the transfer of all detainees from those countries back to their homelands, according to two sources familiar with the plan.

A clear majority of the detainees slated for prolonged detention are either Yemeni or Afghan, and European officials think the others could eventually be resettled under close supervision.

European officials hope to raise the issue at an international conference in London next week that will address the situations in Yemen and Afghanistan.

http://www.irishtimes.com/newspaper/world/2010/0123/1224262927011.html