UPDATED ON:
Tuesday, November 18, 2008
03:27 Mecca time, 00:27 GMT
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Obama vows to close Guantanamo
Obama, left, says he wants to 'stamp out al-Qaeda' once he takes office [AFP]

Barack Obama, the US president-elect, has promised to shut down the Guantanamo Bay detention camp, as human rights lawyers warn such a move would face a number of legal difficulties.

Obama told the CBS programme 60 Minutes on Sunday: "I have said repeatedly that I intend to close Guantanamo, and I will follow through on that.

"I have said repeatedly that America doesn't torture.

"And I'm going to make sure that we don't torture. Those are part and parcel of an effort to regain America's moral stature in the world."

Obama had originally promised to shut the US prison in Cuba while on the campaign trail, but his comments on Sunday were the first confirmation of his intentions since the November 4 election.

He did not, however, elaborate on where the Guantanamo detainees would be sent or whether they would be put on trial, or released.

Obama's comments come as he prepares later on Monday to meet John McCain - his former Republican presidential rival - for their first meeting since the US elections, to discuss possible bipartisan action on political issues.

Detainees stranded

"Guantanamo is only a small part of the problem...the huge majority of [detainees] are in other places like Iraq, Diego Garcia, Ethiopia...this is a much more difficult issue"

Clive Stafford Smith, human rights lawyer

Clive Stafford Smith, a human rights lawyer who has represented some of the Guantanamo detainees, warned that closing the prison was only the first step and that major hurdles still face the president-elect in dealing with the fall-out from the so-called "war on terror".

One of the difficulties will be placing ex-detainees whose home countries are unwilling to take them back.

"The most difficult dilemma facing Obama is what to do with the 50-odd refugees and stateless people - people from Palestine, from various countries - who have been cleared for release but will have nowhere to go," he told Al Jazeera.

"The biggest favour any country can do President-elect Obama right now is to offer to take some of these stateless people."

Stafford Smith said the US estimates that it will put between 40 and 80 people on trial, while around 160 others should be released.

Yemeni issue

"Of these, about 90 are Yemenis. It is a big problem and America needs to find a way of reaching an agreement with Yemen to take them back," he said.

In addition, Stafford Smith, who is also director of the human rights charity Reprieve, said Obama would have to deal with the thousands of detainees held in other countries.

"Guantanamo is only a small part of the problem ... the huge majority of [detainees] are in other places like Iraq, Diego Garcia, Ethiopia ... this is a much more difficult issue."

He also warned it would be difficult to ensure that former Guantanamo prisoners would receive a fair trial even if their cases were heard within the mainstream US judicial system.

The US still holds about 250 people
at the Guantanamo camp
[EPA]
Tim McCormack, professor of international humanitarian law at the University of Melbourne and adviser to former-Guantanamo detainee David Hicks, says the quality of evidence appeared not to support the type and number of arrests.

"[If you look] at the way in which the UK dealt with its nationals, the UK brought them back to the UK, they were interrogated by the UK authorities and on the basis of finding insufficient evidence, they were all released," he said.

Louise Christian, a British human rights lawyer who represented UK detainees released in 2004, cautioned the closure of the Cuba-based camp would not amount to a "real move" unless everyone is released.

She also said the US had a "clear responsibility" to ex-detainees who cannot return home and urged the new administration to find a solution, noting US-based refugee groups had said they were prepared to look after them.

Juvenile detainees

Obama's comments also came as the US revealed that it had held a dozen juveniles at Guantanamo, four more than it had reported to the UN in May.

The admission came after a study released by the Centre for the Study of Human Rights in the Americas last week said the US has held at least a dozen juveniles at Guantanamo, including a Saudi who committed suicide in 2006.

The study said eight of them had been released.

About 250 prisoners are still being held at the US naval camp in Cuba on suspicion of "terrorism" or links to al-Qaeda or the Taliban.

The US president-elect, in a television interview aired on Sunday, also pledged to withdraw troops from Iraq as part of rebuilding "America's moral stature".

 Source: Agencies
 
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Feedback Number of comments : 7
 
Hopeful
United States
19/11/2008
Moral Stature
To put the comment above in context, each step towards moral stature must be embraced, and closing of Guantanamo is a cause for celebration. Love is the Law.

Thomas1993
Canada
18/11/2008
To regain America's moral stature in the world?
Just to put this "event" in the proper context: if Nazi Germany had voluntarily closed concentration camps before the end of the war, would it have erased all that had taken place inside them? Would it have allowed Germany "to regain moral stature in the world"? These words simply do not make any sense to me. What planet do you have to live on to actually say these things, or even agree with them?

Matt
United States
19/11/2008
Guantanamo Bay
Is Nazi Germany really the "proper context" here? Are you serious? Obviously, one could write a book about the unending hypocrisy and human rights abuses associated with the operation of Gitmo, among other things. But the US as Nazi Germany? Have you ever been to the states?

john
Afghanistan
20/11/2008
Torture
A siginificant violation of human rights is that of australia David Hicks. The Australian Prime Minister John Howard behaved disgustingly towards a citizen of Australia. It is no wonder that people are determined to blow all Americans to pieces. Thank god that idiot Bush is going out. He is a murderer and thief far in excess of anything that Al Quaeda have done. Shame on you America,England ,Australia.....

Glen
United States
21/11/2008
Guantanamo
Government, by it's very nature, is amoral, regardless of form. The best we can hope for is that the actions carried out on our behalf are things of which we can be proud. Sadly, like other instances in our history, this is not one of them. For the innocent (which appears to be most of them) we do have a responsibility to make them whole. We can only hope that our government does the right thing by acknowledging and honoring this responsibility.

Isa H. Isa
Nigeria
30/12/2008
Good4that
If the Human Right activist will talk about the problem faced by human beings in Guantanamo, the please Obama take a look on the maltreatment of human beings in other part of the world. please Obama take note and try to stop that.

zain
United States
27/01/2009
guant. closeure
For the most part, it is responsibilty of the united states govt. followed by brit's and others to relocate detainees. When you participate in such inhuman. measures against geneva conv. POW procedure/policies, morally you are required/responsible to ammed/regain confidence from nations. In conclusion, Obama has taken a positive step towards reconciliation with global muslim states and others.

 
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