Ni Aola'in also highlights American attempts to destroy certain parts of Guanta'namo and so functionally erase the record of what went on there. She calls instead for "the preservation and access to both prior and present detention sites," as well as medical records and digital evidence. The crimes committed at Guanta'namo, she emphasizes, need to be kept on the record and addressed, adding that "the U.S. government has an ongoing obligation to investigate the crimes committed [there], including an assessment of whether they meet the threshold of war crimes and crimes against humanity."
Worse yet, redress for the victims of the 9/11 attacks and their families remains lacking. They continue to need treatment in ways not provided for and she recommends a "comprehensive audit of existing medical support (physical and psychological) for victims and survivors" and a commitment "to comprehensive lifelong holistic support for survivors."
Succinct, measured, and profoundly disturbing, her report calls for a way forward that directly addresses the crimes of the past, including the need for public apology, compensation to former detainees, and the shutting down of that infamous prison. Her message: after all these years, even decades, the harm and the crimes associated with Guanta'namo are still unending.
Where We Are Now
While the U.N., the ICRC, the British Parliament, and various nongovernmental organizations focus on Guanta'namo's sins and its painful legacy, the United States continues to fail to close the prison, even though the need for closure was acknowledged in 2006 by no less than its "founder," President George W. Bush. On July 14th, when the House passed its version of the latest National Defense Authorization Act, it not only kept in place a prohibition on the use of funds to close Guanta'namo but extended a congressional ban on using such funds to transfer detainees to the United States or six countries in the greater Middle East, making the end of Gitmo that much harder.
With her steady hand and deployment of facts, Ni Aola'in was unsparing in her conclusions about the injustice and perpetual cruelty that still is Guanta'namo. Yes, she appreciates any movement forward, even at this late date, including "the openness and willingness" of the Biden administration to allow her to visit the prison. Still, she couldn't be clearer on what, 21 years later, is needed: accountability for the perpetrators and restitution for the victims.
Closing the prison, if it ever actually happens, will not be enough. Sadly, even such an act will not bring true closure to the sins of America's forever prison.
Copyright 2023 Karen J. Greenberg
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