New statistics from the Saudi Ministry of Interior... show that the overwhelming majority of individuals detained at Guantánamo not only were not terrorists, but were likely innocent of any crime.
When a federal judge ordered the release of 17 Guantánamo Bay
detainees earlier this month, it was the first real chance in the seven-year
history of the prison camp that any of the prisoners might be transferred to
the United States.
In making his ruling, the judge categorically rejected the Bush
administration's claim that any of the released prisoners, who are all Chinese
Muslims, were "enemy combatants" or posed a risk to U.S. security. The decision was
temporarily suspended by the appeals court, but the judge was on solid ground.
Controversy over the Bush administration's policy to detain
enemy combatants at Guantánamo has raged since the facility opened in 2002--fueled
primarily by the lack of legal protections afforded the detainees and
allegations of their mistreatment. Often overlooked, however, is the fact that
most of these detainees have never posed any real risk to America, for
the simple reason that the vast majority of them were never "enemy combatants"
in the first place. Indeed, striking new data we have obtained show that, if
anything, the 17 innocent Chinese men are far from exceptional.
Before we get to the new statistics corroborating this
startling fact, a quick review of how the detainees got to Guantánamo in the
first place is helpful. Given the fog of propaganda surrounding the Guantánamo
prisoners--whom former Secretary of Defense Donald Rumsfeld once famously
described as "the worst of the worst"--you might be surprised to learn that,
according to the Pentagon itself, only 5 percent of detainees at the prison
were ever apprehended by U.S.
forces to begin with. And only another 4 percent were ever alleged to have
actually been fighting at all.
Why is that? Almost all of the detainees were turned over to
U.S.
forces by foreigners, either with an ax to grind or, more often, for a hefty
bounty or reward. After U.S.
forces invaded Afghanistan
in late 2001, they doled out rewards of about $5,000 or more to Pakistanis and
Afghans for each detainee turned over. Contrary to standard law enforcement
practice, the U.S.
military accepted the uncorroborated allegations of the award claimants with
little independent investigation.
Now, under much pressure, the Pentagon has released more
than 500 detainees over the past three years, while some 270 remain. Based on
statistics about the fate of other released prisoners in other contexts, it
would not have been surprising if many of these men had resumed their lives of
terrorist crimes and illegal warfare. In the United States, more than two thirds
of state prisoners are rearrested for serious new crimes within three years,
according to the Department of Justice.
Terrorists are criminals too--indeed, ideologically
committed ones. Every reasonable expectation would lead to the conclusion that
the rate of recidivism for terrorists should be as high as, if not higher than,
it is for other criminals. But guess what happened to the more than 500
terrorist detainees that the United
States has released during the last three
years? Only a handful has gone back to terrorism or the battlefield.
Almost a quarter of the Guantánamo detainees who have been
released have been sent back to Saudi
Arabia. Facing a substantial threat from
terrorism in their own country, the Saudi authorities have been rigorous--some
might say harsh--in imprisoning and punishing any terrorist deemed a danger.
Yet in new statistics provided to us by the Ministry of Interior in Riyadh, zero of the 121
Guantánamo detainees received by the Saudis were deemed dangerous and
ineligible for release.
It gets worse. Of those detainees returned to Saudi Arabia from
Guantánamo, more than half have been released and are now free, most after
spending a period of time in a halfway house designed to promote a smooth
return to society. Only six former Guantánamo detainees have been rearrested in
Saudi Arabia
for any reason--an astonishingly low recidivism rate of less than 9 percent
among those released.
Although the Saudi efforts to reintegrate these prisoners
into society are certainly commendable, the only reasonable explanation for
such a low recidivism rate is that the detainees were never guilty of terrorist
acts in the first place. For years, Pentagon officials have claimed that the
recidivism rate for prisoners released from Guantánamo is about 7 percent.
Information released in May by the Department of Defense further buttresses the
Saudi findings of a very low recidivism rate. The department's list of named
released detainees who have subsequently engaged in militant or terrorist
activities anywhere in the world shows that 12 have done so, a recidivism rate
of just 2 percent. In fact, the Pentagon can cite only six instances in which
an inmate released from Guantánamo actually took up arms against the United States.
When recidivism rates for criminals typically run in the
more than 60 percent range, and when at Guantánamo you have a rate in only the
single digits, you don't have much of a criminal (or in this case terrorist)
population to begin with. We are hardly saying there are no terrorists at
Guantánamo. Khalid Sheikh Mohammed, the operational commander of the 9/11
attacks, and others who were transferred there from secret overseas Central
Intelligence Agency prisons in 2006 are certainly members of al Qaeda's hard
core.
What we are saying is that new statistics from the Saudi
Ministry of Interior, corroborated by the Pentagon's own findings, show that
the overwhelming majority of individuals detained at Guantánamo not only were
not terrorists, but were likely innocent of any crime. Given the sad history of
detaining men without charges or proof, proven instances of harsh confinement,
and now, persuasive evidence to indicate that most detainees were innocent of
any terrorist activity, it should be among the highest priorities of the next U.S. president
to close Guantánamo promptly.
Guantánamo has been a powerful recruitment tool for
extremists and a stain on the reputation of the United States. Now we can say, with
little doubt, that it did not even serve to remove terrorists or insurgents
from the battlefield.
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