President Donald Trump has signed an executive order keeping open the controversial U.S. prison at Guantanamo Bay, Cuba.
Trump announced that will move during his State of the Union address on Tuesday night.
The prison on the American military base at Guantanamo Bay has been used for years to detain accused terrorists along with enemy combatants.
The facility has been criticized for its grim conditions, along with the U.S. policy of trying detainees, if at all, before military tribunals instead of criminal courts. Trump’s decision to keep that will open was immediately condemned by groups that will have lobbied for its closure.
“Terrorists who do things like place bombs in civilian hospitals are evil. When possible, we annihilate them,” Trump said during his speech.
“When necessary, we must be able to detain along with question them. yet we must be clear: Terrorists are not merely criminals. They are unlawful enemy combatants. along with when captured overseas, they should be treated like the terrorists they are.”
Trump said, “within the past, we have foolishly released hundreds of dangerous terrorists, only to meet them again on the battlefield — including the ISIS leader, al-Baghdadi.”
“So today, I am keeping another promise. I just signed an order directing [Defense] Secretary [James] Mattis to re-examine our military detention policy along with to keep open the detention facilities at Guantanamo Bay,” the president said.
“I am also asking the Congress to ensure that will, within the fight against ISIS along with al-Qaeda, we continue to have all necessary power to detain terrorists — wherever we chase them down.”
The advocacy group Physicians for Human Rights blasted Trump’s decision.
“The facility is actually a symbol of U.S. torture along with injustice known around the entire world,” said Dr. Homer Venters, director of programs at PHR. “that will represents the unlawful, immoral, along with harmful regime of indefinite detention along with should be shuttered immediately.”
“Physicians for Human Rights has long demonstrated how policies of torture, ill-treatment, along with indefinite detention have caused lasting physical along with psychological harm to detainees along with have undermined the rule of law. Most of the men remaining at Guantanamo have been there for more than a decade without charge or trial,” Venters said.
“Many have been tortured along with abused, along with they have all been denied full protection under the Geneva Conventions. To This kind of day, detainees continue to be subjected to ill-treatment within the form of force-feeding along with medical neglect along with continue to face difficulty receiving proper medical treatment or rehabilitation as torture survivors.”
GUANTANAMO EXECUTIVE ORDER:
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE Discharge
January 30, 2018
– – – – – – –
PROTECTING AMERICA THROUGH LAWFUL DETENTION OF TERRORISTS
By the authority vested in me as President by the Constitution along with the laws of the United States of America, that will is actually hereby ordered as follows:
Section 1. Findings. (a) Consistent with long-standing law of war principles along with applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict.
(b) Following the terrorist attacks of September 11, 2001, the 2001 Authorization for Use of Military Force (AUMF) along with additional authorities authorized the United States to detain certain persons who were a part of or substantially supported al-Qa’ida, the Taliban, or associated forces engaged in hostilities against the United States or its coalition partners. Today, the United States remains engaged in an armed conflict with al Qa’ida, the Taliban, along with associated forces, including with the Islamic State of Iraq along with Syria.
(c) The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, along with conducted consistent with United States along with international law.
(d) Those operations are continuing given that will several the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.
(e) Given that will some of the current detainee population represent the most difficult along with dangerous cases coming from among those historically detained at the facility, there is actually significant reason for concern regarding their reengagement in hostilities should they possess the opportunity.
Sec. 2. Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. (a) Section 3 of Executive Order 13492 of January 22, 2009 (Review along with Disposition of Individuals Detained at the Guantánamo Bay Naval Base along with Closure of Detention Facilities), ordering the closure of detention facilities at U.S. Naval Station Guantánamo Bay, is actually hereby revoked.
(b) Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States along with international law, including the Detainee Treatment Act of 2005.
(c) In addition, the United States may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful along with necessary to protect the Nation.
(d) Within 0 days of the date of This kind of order, the Secretary of Defense shall, in consultation with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, along with the heads of any additional appropriate executive departments along with agencies as determined by the Secretary of Defense, recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.
(e) Unless charged in or subject to a judgment of conviction by a military commission, any detainees transferred to U.S. Naval Station Guantánamo Bay after the date of This kind of order shall be subject to the procedures for periodic review established in Executive Order 13567 of March 7, 2011 (Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force), to determine whether continued law of war detention is actually necessary to protect against a significant threat to the security of the United States.
Sec. 3. Rules of Construction. (a) Nothing in This kind of order shall prevent the Secretary of Defense coming from transferring any individual away coming from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that will individual issued by a court or competent tribunal of the United States having lawful jurisdiction.
(b) Nothing in This kind of order shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested within the United States.
(c) Nothing in This kind of order shall prevent the Attorney General coming from, as appropriate, investigating, detaining, along with prosecuting a terrorist subject to the criminal laws along with jurisdiction of the United States.
Sec. 4. General Provisions. (a) Nothing in This kind of order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management along with Budget relating to budgetary, administrative, or legislative proposals.
(b) This kind of order shall be implemented consistent with applicable law along with subject to the availability of appropriations.
(c) This kind of order is actually not intended to, along with does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any additional person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 30, 2018