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Closing Guantanamo

It is the most potent symbol of the abuses of the Bush era: Obama's swift decision to shut down Guan

Before the place closes, I might have a couple more opportunities to get down to Guantanamo Bay. Nothing very much has changed. Some of the ­soldiers have become disillusioned, knowing that their orders place them on the wrong side of history. They talk more, they try to make life a little easier on the prisoners. Their commanders have become more dogmatic, if that were possible, like terriers who refuse to give up a bone.

In a way, I am going to miss Guantanamo. It's an odd ­notion, but I've been there more than 20 times, more than six months in all. Sometimes, the true joy of tilting at windmills comes when there is an ogre in the White House. Now they are gone, George W Bush, Dick Cheney and Donald Rumsfeld, the entire Axis of Evil.

Only a few days ago, on 20 January, Americans welcomed in the new year with the inauguration of Barack Obama. The new president immediately demonstrated that he means business, taking a break between dances at his ten inaugural balls to start issuing executive orders. The first 24 hours saw four decrees: the closure of Guantanamo Bay (within a year), a review of US detention policies (including the closure of CIA "black sites"), a review of US "transfer" policies (the euphemism for extraordinary rendition), and an evaluation of what position the administration should take in the case of Ali al-Marri, the only person held in extrajudicial detention on US soil for more than seven years in the "war on terror". Obama did more for the rule of law in one day than George W Bush did in eight years.

However, while this may herald a new dawn, we are very far from the end of the day. If there is one lesson that must be learned from Bush's catalogue of mistakes it is that we should not go hanging up the "Mission Accomplished" banner in too much of a hurry. Bush made his infamous announcement on the USS Abraham Lincoln on 1 May 2003, only 41 days after the invasion of Iraq. Almost six years later, it is sobering to note that more than 96 per cent of the US and coalition casualties came after Bush claimed that it was all over.

The battle for human rights is no more easily won. It is folly to think that Obama can sign four orders and fix an entire era of human rights abuses. A president, no matter how well-intentioned, can only achieve his goals if he has the necessary information and political support. In terms of information, Obama's limited sources have to be a concern. With each policy review that he has ordered, he has named the players who will issue the report: the attorney general, the secretary of defence, the secretary of state, the secretary of homeland security, the director of national intelligence and the chairman of the joint chiefs of staff. For the most part, these are the very institutions that created the problem in the first place. Nowhere does this take into account those who have struggled for change. There are plenty of interest groups opposed to a close analysis of the recent past; others remain convinced that al-Qaeda presents a different paradigm to anything previously encountered, one where the rule of law must give way.

Closing Guantanamo Bay will be a challenge, not least in terms of determining what will be done with the 240 prisoners detained there. The first group is the easiest – the 140 or so prisoners who can just be repatriated. Ninety-seven are from Yemen, and they would be home already if only the Bush administration had talked to President Saleh.

The second group are refugees who need resettlement: there are around 60, most of whom were picked up in Pakistan for bounties. Here, Obama needs help from his allies to offer them sanctuary, and it is sad that the British Foreign Secretary, David Miliband, announced a few days ago that Britain felt it had done enough already. A country that played so integral a part in supporting the mess created by Bush might feel a greater obligation to clean it up.

Last, there is the group of prisoners who will be tried, perhaps 40 of them. President Obama has ordered that the Guantanamo military commissions be suspended. Now looms the struggle over the formulation of a process to replace them. Even liberals in the US are talking about a security court, a ­notion that would sound Orwellian were it not for the fact that Britain already has such a body - SIAC, the Special Immigration Appeals Commission, with all its secrecy and its special advocates, all beyond the public eye.

Obama has also ordered the closure of CIA prisons. This is an interesting comment on his predecessor's candour, since Bush assured us in September 2006 that there were no more prisoners in CIA detention. Indeed, there is no definition of what a CIA prison is: none has ever been designated as such. The overwhelming majority (more than 99 per cent) of the, roughly, 20,000 prisoners still held in US custody, beyond the rule of law, have never been in a "CIA prison". Guantanamo is not a CIA prison. Bagram air base is not a CIA prison, yet the US military continues to hold 680 prisoners without any due process.

What we do know is that, while in US custody, prisoners disappear. Reprieve, together with other human rights organisations, drafted a report called Off the Recordwhich featured 39 people who have vanished in US custody. Only two have surfaced; 37 remain ghosts. The story of Ibn Sheikh al-Libi is an example of how the osmotic pressure of politics can result in prisoners being shuffled quietly off to a terrible fate. Al-Libi was seized in November 2001 and soon rendered by the CIA to Egypt, where torture elicited the "fact" that al-Qaeda and Saddam Hussein were in league over weapons of mass destruction (WMD). Bush cited this as a reason to invade Iraq; the then secretary of state Colin Powell repeated it in the UN. When 14 "high-value detainees" appeared in Guantanamo Bay in September 2006, Ibn al-Libi was not among them; what he might say to a lawyer was just too embarrassing for the administration. So he was rendered to disappear in Libya, where Reprieve has now tracked him down. His story must be told - both to expose the consequences of torture and how Libya is being used to spare Bush's blushes.

Notwithstanding such important individual stories, the directive to close CIA prisons is only of passing relevance. There is also the question of the proxy prisons. The outsourcing of torture and imprisonment was one of the greatest horrors of the Bush years, and there are proxy prisons that have never been part of the public debate, including a particularly unpleasant one in Uzbekistan. Other countries – most notably Jordan and Egypt – continue to serve secret American interests.

It would also be unwise to assume that Obama's policy review is going to eliminate the practice of rendition. This was not a Bush brainchild; as far back as Ronald Reagan, suspects had been "snatched" - the preferred term - from abroad. There was enthusiasm for rendition during the Clinton era. Richard Clarke, counter-terrorism tsar to both Democrats and Republicans, relates an infamous story in his book Against All Enemies:

The first time I had proposed a snatch, in 1993, the White House counsel, Lloyd Cutler, demanded a meeting with the president to explain how it violated international law. Clinton seemed to be siding with Cutler until Al Gore belatedly joined the meeting, having just flown overnight from South Africa. Clinton recapped the argument on both sides for Gore: Lloyd says this. Dick says that. Gore laughed and said, "That's a no-brainer. Of course it's a violation of international law, that's why it's a covert action. The guy is a terrorist. Go grab his ass."

The euphemisms - "rendition to justice" is a favourite one, when someone is "snatched" and brought to face trial in the US - cannot disguise the fact that there is no legal distinction that sets it apart from kidnapping.

President Obama has ordered an end to torture, requiring that all interrogations abide by the Army Field Manual. Yet the ink was barely dry on his directive before talk of adding more coercive techniques to the manual began to surface even from within the Obama administration itself, possibly as a sop to right-wing critics. Obama also said nothing about accountability. With a wink and a nod, before his inauguration, there were signs that he had already come under pressure from both sides of the aisle not to look too carefully at the criminal practices of the Bush administration. Nobody in Congress seems to have the stomach for a bloody inquest, and I believe the Senate leadership have indicated that inquiries are not on their list of priorities. Obama's reticence is understandable enough. He is embarking on a daunting mission, and he must seek allies where he can find them. Digging up the skeletons of the past might have suited the Democrats in the run-up to the election, but if they want Republican co-operation now, the prospect is less appealing.

The setting up of a Truth and Reconciliation Commission, to ensure that the truth comes to light, both for the peace of mind of the victims and so that history can record the mistakes, would be one option open to the new president, and there is no legitimate argument against it. But such a commission will not easily be born. A systematic structure of secrecy - couched in national security terms - may be the most dangerous and long-lasting legacy of Bush and Tony Blair. I have a US security clearance, and while I obviously cannot reveal classified material, I can state without hesitation that the overwhelming majority of it would not remain hidden in a sane world.

Looking to the future, it is enormously exciting to have a US president who is so powerfully in favour of human rights. But it is unclear whether he could sustain his approach in the face of (for example) a further terror attack on US soil. Unfortunately we should not discount the possibility of such an attack. Al- Qaeda must realise that a decent president is a danger to their cause, just as Bush's policies provided the most effective recruiting sergeant to their banner that they could imagine.

Clive Stafford Smith is the director of Reprieve, the UK legal action charity that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. For more information, see www.reprieve.org.uk, or contact Reprieve, PO Box 52742, London EC4P 4WS. Tel: 020 7353 4640

Road to closure

2002, January First group of 20 prisoners arrive at Guantanamo, deemed not entitled to habeas corpus.
President Bush rules that their standing as "enemy combatants" disqualifies them from PoW status
February Detainees go on hunger strike to protest the ban on turbans
2004, March UK prisoners dubbed the "Tipton Three" are released without charge
June Supreme Court rules that prisoners can use federal courts to challenge their imprisonment
July In response, the Pentagon creates special military commissions to determine detainees "enemy combatant" status
2005, May Riots erupt around the world after allegations of abuse of the Koran at Guantanamo
2006, June US Supreme Court rules that military commissions used to try prisoners are illegal and that the Geneva Conventions apply to detainees
2008, June Supreme Court rules that prisoners are entitled to habeas corpus
July Reports that US military based an interrogation class on study of Chinese torture techniques
July Guantanamo war crimes trial begins against Osama Bin Laden's former driver
2009, January Barack Obama announces Guantanamo to close within a year and suspends all ongoing military tribunals

Kate Ferguson

Inside guantanamo/Bisher Al-Rawi

was arrested in November 2002 during a business trip to the Gambia, along with a colleague. He was first taken to Bagram air base, then on to Guantanamo.

We were flown to Guantanamo shackled, cuffed, blindfolded. We had protectors on our ears. It was extremely uncomfortable. If you wanted to use the toilet, someone had to pull your trousers down for you. It was extremely degrading.
When we got there we were put in solitary confinement. To be thrown into a dimly lit cell, just a small box, life is really very alien. You feel hopeless, like this is your grave. We stayed in solitary confinement for a month, then went out into the general population [of the camp]. You were still in individual cells but you could see people. Really, the day was full of nothingness. It revolved around when they brought us food and the nothingness in between. The leisure time was a big thing - to be let outside - but even when you were there you were just by yourself in a fenced area, 10ft by 15ft. There really was no information about what was going on - there was just interrogation.
Something happened which made me realise it was a game to people. Before my lawyer had visited, he sent me a letter explaining I was not to take part in the tribunal process, because it was illegal. Before I received the letter, they came to us. We were told a couple of weeks before that we'd have a tribunal. We had to prepare our own defence - but without access to pen and paper.
Then the day after my tribunal I received my lawyer's letter saying not to take part. The letter had been postmarked two months before. That's when I knew they were not trying to do the right thing, and then I lost faith.

Inside Guantanamo/Moazzam Begg

Moazzam Begg was detained by Pakistani police and CIA officers in January 2002 while he was living in Islamabad.

I was never arrested, I was kidnapped at gunpoint. Nobody ever questioned me until I was handed over into custody. It happened because the US offered bounties of thousands of pounds for each person. There was no justice system, absolutely none. They didn't even pretend there was. You were simply in custody and that's it.
I was held for three years - 11 months in Bagram and two years, one month in Guantanamo. Most of my time was in solitary confinement - it was monotonous and dreary, with nothing to look forward to. There was no window in my cell, and it was impossible to take more than three steps in any direction. They had recreation three times a day in a caged area that was about three times the size of my cell. By the end, they had increased each time to an hour.
We welcome news of the closure - it's seven years too late, but it's better late than never. But we're still concerned about the ghost prisons, where conditions are even worse than in Guantanamo. Obama has said that he's going to shut Guantanamo but he's also said that he's going to increase the numbers of troops in Afghanistan. So there are likely to be more people imprisoned there. I'm particularly concerned because I was held in Bagram myself for almost a year, and I saw some people killed there.

Clive Stafford Smith is legal director of the charity Reprieve and has spent more than 20 years representing prisoners on Death Row in the United States. More recently he has represented many of the prisoners in Guantanamo Bay.

This article first appeared in the 02 February 2009 issue of the New Statesman, Interview: Alistair Darling

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The dustman and the doctor: fairness and the student fees debate

The idea that education – all education – should be free is intoxicating and liberating. But there's a problem.

The most toxic political imagery of the student fees debate dates from 2010. First, there was Nick Clegg brandishing a sheet of paper bearing his election pledge that the Liberal Democrats would vote against “any increase” in tuition fees. Then, a few months later, there was the sight of protesters scrawling graffiti and urinating on the statue of Winston Churchill in Parliament Square. Churchill was rapidly restored, but Clegg – who, I am told, did not believe in the pledge when he signed it but could not resist the prospect of those student voters in university towns – never properly recovered.

The issue of how to fund English universities had been febrile for years – long before the 2008 financial crisis, the ballooning of the Budget deficit that followed and the 2010 Lib Dem vote for the vertiginous increase in English tuition fees. (University funding is a devolved matter, with the Scots going their own way.)

In 2004, Tony Blair, enfeebled by the absence of weapons of mass destruction in Iraq, had almost been knocked off his prime ministerial perch when he, too, trebled fees, albeit to a mere £3,000, to be paid back after graduation. Gordon Brown’s allies, smelling post-Iraq weakness, hovered over the Labour leader before allowing him – by a sliver – to survive.

The Conservatives have historically been less troubled by the matter. Students largely have not voted in high enough numbers – certainly not for them – to impinge on their chances of electoral success. Meanwhile, the centre left has had lumps kicked out of it while wrestling with the problem of how best to fund higher education. Jeremy Corbyn’s 2017 manifesto significantly changed Labour’s position, promising to abolish fees altogether; he would also, he told the NME, “deal with” student debt. That half-pledge has now become a vague “ambition” because of its estimated £100bn price tag.

As a piece of campaigning, it worked. By contrast, Ed Miliband got nowhere in 2015 with his promise to reduce fees by a third to £6,000. It was too little, too late to mobilise student voters or their concerned parents, but more than enough for George Osborne, an unrepentant Vince Cable and a nervous higher education sector (sotto voce) to raise questions about Labour’s fiscal rectitude and/or the financial security of universities.

The Institute for Fiscal Studies (IFS), in its disinterested and peskily rigorous way, joined in – and with a more subtle point, suggesting that cutting fees would benefit higher-earning graduates the most. Those who earned less over their lifetime would, in any event, not have to pay all of the money back.

Until Corbyn’s swashbuckling manifesto simplified matters, or oversimplified them, the left had been tied in knots on the fairness point from the moment that tuition fees were introduced, relatively quietly, in the peak-Blair year of 1998.

The idea that education – all education – should be free is intoxicating and liberating. It is intoxicating because one’s Enlightenment reflexes are happily triggered: the pursuit of knowledge is wonderful; knowledge leads to individual self-fulfilment and should be made available to the largest possible number. We all benefit from a better-educated population, not least by the spread of liberal values. Utilitarians rejoice – the country becomes economically more prosperous, though the evidence for this is irritatingly murky.

It is liberating because it is a beautifully simple proposition, and thus the complexity of nasty trade-offs – between those who go to university and those who don’t, between generations, between different sorts of universities, between disciplines and courses, between funding higher education and funding a zillion other priorities – is washed away by the dazzling premise. Free.

Alas, there is a problem. Once upon a time, a British university education was for the very few. The state, in the form of the general taxpayer, footed the bill. Now, around 40 per cent of 18- to 19-year-olds are at university and nobody in front-line politics is keen on hauling down the number, notwithstanding the occasional hyperventilating headline about useless degrees in golf course management or surfing studies.

The Liberal Democrats’ ill-fated 2010 manifesto had a little-noticed passage that called for scrapping the participation target of 50 per cent – alongside the now ritual aspiration to improve vocational training and apprenticeship schemes, a promise that is yet another reminder of a long-established and debilitating British weakness that nobody seems to know how to reverse. But mass higher education is here to stay – and it’s a good thing, too.

We could have chosen (and could still choose) both to fund increasing numbers of people going to university and to pay for all of their tuition, but that would not have been a self-funding investment – at least, not for a very long time. Other European countries with decent universities have indeed managed without asking graduates to contribute anywhere near as much as ours. The Swedes pay nothing for tuition. Dutch students pay a quarter of their English counterparts. The Germans have proportionately fewer students in tertiary education (though their vocational education is widely known to be heaps better), but their students are at university for longer and they pay very little for the pleasure. You get the picture.

It would require a lot of extra taxation if we were to go down that route – and there are many other competing demands beyond deficit reduction. Yet the issue is not only framed by tax priorities. We can’t easily afford to have the state picking up the tab because – an ugly fact – we are less well off than most northern European countries that charge less. Yes, we are the fifth-largest economy in the world – how could any of us, since the Brexit vote, not know that? – but we are far from being the fifth most economically prosperous country in the EU, once you allow for the intrusion of vulgar reality in the form of GDP per head. On that measure, we sit somewhere in the middle of the pack.

So who pays? Asking students to pay something is not in itself an outrage. The massive social and economic privileges that my generation accrued from our gloriously free university education may now be spread more widely but that has not eliminated the personal advantages that, on average, follow a degree. Graduates are more likely to get jobs, more likely to get better jobs and more likely to keep their jobs in a recession. The Department for Education puts the graduate premium on average at £250,000 before tax over a lifetime for women and £170,000 for men. These figures may be overstated and might not be sustained, but it is overwhelmingly likely that most graduates will still benefit materially from their degrees.

From the starting point in 2004 – long before the deficit soared – Blair and his then education secretary, Charles Clarke, decided that graduates should pay more once they began to earn sufficient money. I remember Blair at the time doing a BBC Newsnight special with an angry audience, packed with students telling him that he was wrecking their lives and had insufficient respect for their contribution to the greater good. A very articulate trainee doctor told Blair that she faced a mountain of debt (those were the days – that would now be several mountains). Blair responded with a range of left-wing arguments – at least, if you are of a redistributive frame of mind. Here are some highlights of the exchange:

Blair: I think it is unfair to ask general taxpayers – 80 per cent of whom have not been to university – when you have got an adult who perhaps wants to get an additional skill and they have to pay for it if they don’t go to university, to say to those people: we are not giving you education for free. And to say to under-fives, where we are desperately short of investment, to say to primary schools, where again we need more money, that we are going to give an even bigger subsidy to university students. Believe me, if I could say to you, “You can have it all for free,” I would love to.

The student, more than matching the prime minister’s passion, was spectacularly unimpressed.

Student: It really infuriates me that you say, “Why should the dustman fund the doctor?” When he has [a] heart attack, he will be pleased that I went to university and graduated as a doctor. Therefore he should contribute towards the cost of my degree.

Blair: But surely there should be a fair balance. He is contributing to the cost of your degree. Five-sixths of the cost of any degree, even after our proposals come in, will be contributed by the general taxpayer.

Not bad for a prime minister who was not often associated with causes dear to the dustmen part of his Labour flock – nor associated with redistribution in general. Of course, the figure of five-sixths paid for by the state is now, since the introduction of £9,000 tuition fees, a great deal smaller. The trainee doctor of 2017 is expected, over the course of their lifetime, to fork out much more. The average student debt is getting on for £50,000.

The current numbers are the result of decisions taken by Vince Cable of the Liberal Democrats and David Willetts of the Conservative Party. Unlike Blair, these two men were on the left of their parties, with a firm belief in the importance of education and its positive impact on social mobility. The hike in fees led to protests and occupations but also to universities getting much of the extra money that they needed, even if they were markedly reluctant to say so, doubtless for fear of stirring up their students.

There has been no drop in the participation rate of students from poorer family backgrounds. Quite the reverse – despite Jeremy Corbyn’s personal refusal to believe the evidence. But the repayment of fees means that, in effect, recent graduates pay income tax at a rate of 29 per cent once they earn more than £21,000. (The Department for Education cheerily call this “a contribution”, as if it were voluntary.)

The repayment point could have risen with inflation to ease the load but it hasn’t. That allows the Treasury to recoup more money. Why hasn’t the £21,000 limit been raised? The reason is that, under the current IFS estimates, three-quarters of graduates will not pay back all of their debt after 30 years, at which point it is forgiven. Worse, interest rates on this fee debt are 3 per cent above inflation – and thus nearly 6 per cent above the base rate. That is not quite at Wonga levels but it is patently demoralising and much too steep.

That is far from the end of the matter. Until last September, poorer students received a maintenance grant of up to £3,400 to help with their living costs. For better- off students, the state’s supposition has always been that their parents should and would contribute financially to ensure that their offspring could lead a reasonable life while at university. No government has chosen to make this very explicit: there are only so many enemies you want at any one time on any one issue.

But as the number of students rose, so did the number entitled to the grant, and as part of the strategy to reduce the country’s Budget deficit, those grants were turned into loans, too.

The Labour Party, before Jeremy Corbyn became leader, opposed the change when it was announced but not with much elan. From my Oxford eyrie, I was astonished at how little excitement this generated. Perhaps everyone was exhausted by the failed protests five years earlier.

There is mitigation. It is worth remembering that nobody pays anything for their tuition up front (part of the Blair package, too) and some universities, including mine, have good and reliable schemes to help those from poorer backgrounds and hardship funds for those whose circumstances – normally their parents’ circumstances – change while they are studying.

But I know from direct experience that many students worry a great deal about the debt that awaits them. And if graduates were feather-bedded before 1998 (and that includes me), it is hard not to sympathise now. The debt is too much for too many.

Blair defined the problem correctly – the question of who pays is about striking a fair balance – even if Corbyn seems uninterested in the pain involved in thinking it through and has opted for the easiest answer. But what should that balance be? A graduate tax for those of us who went to university when it was both a much scarcer resource and cheap would offend people who want as little retrospection as possible in the tax system. However, it would do something to deal with generational injustice, a subject on which Corbyn’s credentials are sullied by his fondness for the “triple lock” on pensions.

Labour’s policy of telling English students that they will pay nothing for their tuition is nowhere near as left-wing as it sounds, but it was far too successful a piece of retail politics for anyone in his team to consider going back to the drawing board. So now it is the Tories, facing an energised student vote, who have to engage with the issues for the first time since the tumult of 2010. The least they can do – and they should do it fast – is cut the interest rate. They won’t want to do any of it but, as the man said, the times they are a-changing.

Mark Damazer is master of St Peter’s College, Oxford

This article first appeared in the 02 February 2009 issue of the New Statesman, Interview: Alistair Darling