[Congressional Record Volume 151, Number 80 (Thursday, June 16, 2005)]
[Senate]
[Pages S6782-S6784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE TREATMENT OF PRISONERS AT GUANTANAMO
Mr. SESSIONS. Mr. President, I heard a good deal of the remarks of
the distinguished Senator from Arizona, Mr. Kyl, as he discussed the
issues surrounding the treatment of prisoners at Guantanamo and the
actions of our military. I could not agree with him more. He is one of
the Senate's finest lawyers. He is on the Judiciary Committee, where we
just had hearings, and has been involved in these issues for some time.
In fact, I serve with him on the Judiciary Committee and am also a
Member of the Armed Services Committee.
I would have to say to this body that our Congress has had a total of
29-plus hearings involving the handling of prisoners since the war on
terrorism began. I think I have been at most of them. Most of them have
been before the Armed Services Committee and Judiciary Committee. We
have had a host of these hearings. We have had witnesses and
complainants and issues brought up to us time and time again.
Yesterday, at our hearing in Judiciary, I really reached a point
where I just felt I had to speak out. It was in the morning before
Senator Durbin made his remarks. But it was something I felt deeply,
and it became more and more clear to me: that is, we in this Senate are
creating an impression around the world that wholesale violations of
human rights are occurring in our prisons, and this is absolutely not
true.
Members of our own Congress have suggested and even stated that it is
the policy of our country to abuse and violate prisoners' rights. This
is completely misstating the true facts that are occurring. Anyone who
visits the Guantanamo prison--and I believe that some 60-odd
Congressmen and Senators have been there, including my own visit to the
temporary facility several years ago--would find a new $150-million
prison right on the top of the island overlooking the water. It is a
beautiful site where they built this prison. It is a shame really that
a prison was built there, but it is part of the military base where it
is located. These prisoners are being given tremendous medical care.
They are being treated for their diseases, for the parasites with which
many of them have become infested. They have been cared for
effectively. They have gained weight. They are provided food at a
financial cost substantially exceeding that of other prisoners in
America and soldiers in the U.S. military. We have treated the Koran
with respect and the highest esteem and tried to handle these prisoners
in a way that is appropriate.
I will say a couple of things. It is important we treat these
prisoners humanely, because we have high ideals as Americans. There are
thousands of prisoners and we have thousands of soldiers involved in
this area. That someone would overstep their bounds is not something we
would not expect. It happens in American prisons every day. Prison
guards are fined, they are removed, they are fired, they are prosecuted
for abuse. We do not like to admit that, but it happens. We take care
of it in America. We do not allow this to continue.
The facts are these detainees at Guantanamo are detainees who are
being held consistent with the general principles of the Geneva
Conventions but are not covered by that convention. As Senator Kyl
noted, they are not lawful combatants, they are unlawful combatants.
They are people who sneak into a country. They do not wear a uniform.
They are not part of any state army. Their goal is to kill innocent
civilians, men and women and children not involved in a war effort at
all. The purpose of the Geneva Conventions is to help one army identify
the members of the other army and to encourage those armies not to
endanger civilians, but to focus their attention on their enemy and to
deal with them. These prisoners are entirely different. They do not
qualify for those conventions. But we provide them great protections,
anyway.
We have spent $109 million on the prison there at Guantanamo. We are
going to spend another $50 million making it even better. I don't see
that there is any basis to move those prisoners, to alter what we are
doing there and to create a new prison. How would that make us any
safer if that were to occur?
Let me share this about the 500 or so prisoners who are there. In the
course of this war on terrorism, our country has apprehended 10,000
detainees, individuals who have been captured. Each one has been
screened carefully. As a result, some 750 have been identified for
incarceration at Guantanamo, the worst of the worst. Since that time,
we have continued to monitor them. Each one of them has had a full
review. As that has occurred, another 200 have been released and we are
down now to a little more than 500 at Guantanamo. I note of the 200
released, some 12 have already been rearrested as they go about their
efforts to kill Americans and American soldiers. They have been
rearrested, because they returned to battle. This clearly suggest that
of those other 500 detainees remaining, many of those are dedicated
totally to killing American citizens. They believe in what they are
doing. They are sold on this effort. They are implacable in their goal
and intentions and should not be confused with the normal prisoners of
war where you have a soldier who was drafted into an army and they go
out and get captured and they dutifully stay in their prison until the
war is over.
What do you do with prisoners of war or these kind of prisoners?
Prisoners of
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war are held until the war is over. You do not turn them loose so they
can then re-engage in killing your soldiers. That is the crisis.
When will the war end? I am not sure. So we have people say, they
have to all be released. You cannot hold them because this war might go
on forever.
Might, might, might. We are talking about now. It has not been going
on that long. Most have only been held 1, 2, 3 years. This is not the
time to be wholesale releasing these people. This battle is tough and
hot right now. If you do not believe it, look at what is happening in
Iraq and how many are killed by these attacks, surreptitious sneak
attacks by roadside bombs in that country. This war is not over. It is
ongoing.
We are lucky and have been fortunate that because we were aggressive,
we as a nation have not had another attack on our homeland since
September 11. But we know they would like to do that. We know they are
attacking places all over the globe.
A number of Supreme Court decisions has impacted how these prisoners
are to be held. The Department of Defense created, therefore, as a
result of the court rulings what is called the combatant status review
tribunal. Every prisoner in Guantanamo has been reviewed by the
combatant status review tribunal. Annually, each prisoner there goes
before the ARB, which is an annual review board, sort of like a parole
board. If they can justify letting these prisoners go on that annual
review, they let them go because the last thing we need is to be
housing a bunch of prisoners that do not amount to a threat to our
people.
I will share this. I will not continue too long tonight. I want to
share a few facts that are important. We are committed as a nation to
high standards of duty in handling those we capture. Since this war has
begun, there have been 10 major commissions and investigations
empaneled to review allegations of misconduct. We have had commission
after commission, review after review and, as I said, 29 plus
congressional hearings. We have been alert to ensuring that prisoners
are not abused in any systematic way and that those who violate the law
are prosecuted for it.
Let me carry on. There have been 1,700 interviews as a part of these
investigations; 16,000 pages of documents delivered to Congress.
Detention operation enhancements to improve our detention operations
range from increased oversight to expanded training of the guards to
improved facilities and new doctrines.
When we have had a problem, we have dealt with it, we have confronted
it, and we have improved the situation.
Mr. President, 390-plus criminal investigations of American soldiers
and Guards have been completed or are ongoing. More than 40 staff
briefings have been given to the staff members of the Congress. People
are being held accountable. They are really being held accountable. One
general officer has been removed from command, received a general
officer memorandum of reprimand. Thirty-five soldiers have been
referred to trial by court-martial--35. Sixty-eight soldiers have
received nonjudicial punishment, which is a career ender. Twenty-two
memoranda of reprimand have been issued. Eighteen soldiers have been
administratively separated from the Army. The Navy has had nine receive
nonjudicial punishment. Fifteen marines have been convicted by court-
martial. Seven received nonjudicial punishment, and four have been
reprimanded.
We know in Abu Ghraib there was this uproar. This story had been
broken by the media, one Senator said yesterday at our hearing. But if
you remember, it was the general who made the briefing every day to the
news media who announced, days before the media had any report of these
abuses in Abu Ghraib, he had reports of abuses in Abu Ghraib prison and
investigations were being commenced. And they commenced immediately.
People were removed from command immediately and no more abuses took
place in that prison from that date onward.
We know since then, because we have had hearings and newspaper
articles and investigative reports on TV, that these people who
violated the rights of those prisoners were tried and convicted and are
being sent to jail for long periods of time.
Although none were seriously physically injured, as I recall, they
were humiliated and handled in a way unbecoming of an American soldier.
Those soldiers have been disciplined severely for their errors, and
rightly so. I think it is something we should be proud of.
Do you remember the colonel whose soldiers were under attack? He
needed information from an Iraqi, and to get it, he fired a gun near
the Iraqi's head. He did not hurt him in any way. And this terrorist
gave information that helped save soldiers' lives. And they cashiered
him out of the Army because he was not allowed to use that kind of
action. We had a marine officer--who after 9/11 gave up his stock
brokerage job to go and serve his country--be prosecuted, it now
appears falsely, by a lower ranking soldier who made complaints against
him, a soldier he had referred for disciplinary action. After full
review, they dismissed all charges.
This record is clear. This Government, our Nation, does not tolerate
abuse. We have taken strong actions to see that it is not allowed and
does not continue. But we have a duty to protect the people of our
Nation. These detainees, these terrorists, who are being held, these
unlawful combatants present a risk to us.
Some say, well, somehow we have made this all happen by being
aggressive militarily. But I would remind my colleagues that for almost
20 years al-Qaida, and groups like that, have been attacking our
embassies, our marines, our soldiers--our warships, the USS Cole--
around the globe. We had been in a constant state of combat with Saddam
Hussein truthfully since the gulf war in 1991. Up until the actual
commencement of these hostilities, we were flying missions to enforce
the no-fly zone under the U.N. resolutions. He was firing missiles at
our aircraft, and we were dropping bombs on him.
This is a dangerous part of the globe. That is why the Congress, when
President Clinton was President, passed a resolution setting the policy
of this Government to effect a regime change in Iraq.
So this is what it is all about. It is a dangerous world out there. I
want to call on my colleagues, with the greatest sincerity, to be
careful what we say. Do not be telling the media, the world, speaking
out in ways that suggest it is a policy in the actions of our military
routinely to abuse prisoners. If prisoners are unlawfully treated, the
guards are prosecuted. And the people who did it are prosecuted. It is
not our policy to abuse prisoners. It does not happen on a regular
basis. We do not tolerate it. We will not tolerate it. We will comply
with the law and treat people appropriately.
But when Senators come in hearings and to this floor and make
statements in the news media--and when the news media writes reports,
as was done about the Koran, saying it was flushed down the toilet--
they had to retract that story, bad things happen. After the false
Koran incident a riot occurred because people in the Middle East
believed that was true. They believed what they read in our national
news, that we were unfairly or disrespectfully treating the Koran.
Whereas in Guantanamo, our guards use gloves. They hold the Koran with
both hands, in every way try to treat it in a respectful manner and
make sure that every prisoner there is provided a copy, if they desire.
So this is bad when we create a climate in this body that falsely
characterizes our people. Yes, we make mistakes. Yes, if we do, they
need to be fixed, and people ought to be punished. And I have shown we
are punishing them. But it is wrong and irresponsible, and it places
our soldiers whom we have sent in harm's way at greater risk when we
suggest to that entire region of the world that we do not respect the
faith of Islamic peoples, that we do not treat respectfully the
prisoners who we apprehend, and that we are irresponsible, maybe even
carrying on activities that are so bad as to be compared with Hitler,
Pol Pot, or the Soviet Union. Those irresponsible comments can cost
soldiers' lives. We need to be careful about it. If someone has proof
of an individual act that amounts to a crime, let's see them bring it
forward. Let's have an investigation. If somebody deserves to be
prosecuted, let's prosecute them. But if not, quit making these
statements. I think we
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have had enough hearings. As far as I am concerned, 29-plus is enough.
The military has demonstrated, with all clarity, that they are
prepared and willing to honestly and aggressively prosecute wrongdoers.
They are also committed to protecting our citizens. They have given
their lives, many of them, in that effort. They volunteered to serve in
our military. They are the finest military this world has ever known.
In the heat of combat they have shown restraint. They have not used
heavy weapons, and they have held back in order to be sure innocent
civilians are not injured. They do everything they can on a daily basis
to reach out to the people of Iraq and Afghanistan, to appeal to their
hearts and minds, to encourage them on the road to building a new and
better life for themselves and their families. They do the things that
Americans have no idea of on a daily basis to try to reach out and
reconcile and improve our relationship with the people in that area of
the globe.
It is positively damaging to that effort when Members of Congress
make the kinds of statements that have been made, when news media
outlets, great organs of information, make mistakes, twist, exaggerate,
misrepresent things that have occurred. It is not right. We need to
show more responsibility. We need to show more discipline. It is not
justified. No matter how strongly one feels politically and wants to
try to blame the President for all these things, it is not just being
heard in this body, it is not just the American people who are hearing
criticisms of the President. These comments are being heard throughout
the globe. It is not helpful to our efforts to build a better and more
peaceful world.
I thank the Chair for the opportunity to say these words, late at
night though it is. I believe we are at a point where our Congress
needs to improve its behavior. We need to show more restraint. If we do
so, this will allow our soldiers to have a better chance to succeed at
the difficult mission they have and the one they are working at so ably
and so courageously.
I yield the floor.
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