GUANTANAMO BAY

Emptying Guantánamo camps, one deal at a time

 

Despite the determination of U.S. officials and the goodwill of some foreign nations, President Barack Obama's plan to close the Guantánamo prison camps by January still has a long way to go.

 
Oybek Jabbarov, born Feb. 1, 1974, in Uzbekistan is shown at Camp Delta at the U.S. Navy base at Guantanamo Bay, Cuba, posing for an International Committee of the Red Cross delegate in a photo of a photograph sent to his Boston attorney, Michael Mone Jr. Note thumb in lower left corner. Jabbarov is wearing an orange uniform of the non-compliant captive, signalling that he wasn't following the rules even at a time when he was cleared for release and awaiting transfer. Since then, he was released to Ireland for resettlement, and has been joined by his family.
Oybek Jabbarov, born Feb. 1, 1974, in Uzbekistan is shown at Camp Delta at the U.S. Navy base at Guantanamo Bay, Cuba, posing for an International Committee of the Red Cross delegate in a photo of a photograph sent to his Boston attorney, Michael Mone Jr. Note thumb in lower left corner. Jabbarov is wearing an orange uniform of the non-compliant captive, signalling that he wasn't following the rules even at a time when he was cleared for release and awaiting transfer. Since then, he was released to Ireland for resettlement, and has been joined by his family.
International Committee of the Red Cross

crosenberg@MiamiHerald.com

Since then, Congress has prohibited the use of federal funds for transfers and now requires detailed notification two weeks before future moves.

Bermuda provided the plane that flew the Uighurs to freedom, sparking a brief row with Britain over whether it had been properly informed. Also aboard the Gulfstream jet were White House General Counsel Gregory Craig, State Department envoy Fried and two attorneys from the Boston firm Bingham McCutchen, Sabin Willett and Susan Baker Manning.

Bingham lawyers had for years fought the Uighurs' case in the courts and media while quietly approaching what Willett described as ``dozens'' of countries to take the men.

None bit. In the process, Willett taught countless journalists how to pronounce Uighur -- wee-ghur.

But other transfer deals that simmered during the Bush years came to fruition once Obama announced plans to close the camps.

Consider Lakhdar Boumediene, an Algerian made famous because his is the first name on a landmark U.S. Supreme Court decision on Guantánamo.

Now 42, Boumediene lives in the south of France, an idea that jelled over a March 10 lunch at the French Embassy in Washington.

Attorney Rob Kirsch drank Perrier. Two diplomats drank wine. A tuxedoed waiter served veal while Kirsch told his client's story:

Captured in Sarajevo. Taken to Guantánamo by way of the U.S. base at Incirlik, Turkey. Accused and cleared of an unrealized plot to attack the U.S. embassy in Bosnia Herzegovina. Fought and won the right for all Guantánamo captives to have their cases heard by civilian courts in Boumediene v. Bush.

``In my five years on the case, it was the best working meal I ever had,'' Kirsch said.

On April 1, he got a call from a French diplomat who said that President Nicolas Sarkozy had agreed to take in Boumediene. Two days later, in Strasbourg, Sarkozy announced after a bilateral meeting with Obama that France would resettle a Guantánamo detainee.

``I was delivering an extremely low-risk, high-profile prisoner and that I thought that would be attractive to President Sarkozy,'' Kirsch said.

On its own, Boumediene's legal team lobbied France's equivalent of a CIA director, Bernard Bajolet. Bajolet was French ambassador to Sarajevo in 2002, when Boumediene was hustled off to Guantánamo, and had condemned it then.

The French and Algerian governments cooperated to get Boumediene's wife and daughters travel papers to leave Algeria, something that would usually require a husband or father to accompany them. They were in France to greet him May 15.

Kirsch and the captive worked together between Boston and the prison's Camp Iguana to write a formal request to Foreign Minister Bernard Kouchner.

It was all exchanged by computer and shuttled between Boston and Boumediene's barbed-wire encircled wooden hut by prison camp staff, so Boumediene was able to leave Guantánamo with travel papers from the French -- using a photo downloaded from Wikipedia.

``It showed what would happen if they cooperate with the lawyers,'' Kirsch said of the State Department, ``how easily they could get that place emptied.''

Earlier this month, an administration official said, a lawyer from the New York Center for Constitutional Rights met special envoy Fried's staffers at the State Department. The law group joined European and U.S. human rights groups in championing the cause of detainees during the Bush administration.

Read more Closing the Camps stories from the Miami Herald

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category