PRISONER RIGHTS BEHIND THE DARK WALLS OF GUANTANAMO BAY: HUMAN RIGHTS PERSPECTIVE

Abstract

The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay.

The United States acquired a perpetual lease of territorial control over Guantanamo Bay from the 1903 Cuban-American Treaty. Under the 1934 treaty, the lease of Guantanamo Bay is permanent unless both Cuba and the United States agree to its termination or the United States abandons the property altogether.

The first prison camp in Guantanamo Bay was established in January 2002. Some 660 prisoners (among them children, as young as 13) from 42 countries were being held in the camp. The detainees were suspected Al-Qaeda and Taliban fighters, who were taken into United States custody in Afghanistan and elsewhere and later transferred to Guantanamo. They are held on the basis that they are 'enemy' or 'unlawful' combatants. Their detention has often become subject of international controversy as international law and standards have been violated.