Guantanamo Guilt and the Swiss Shame

Posted by yseult on Nov 14, 2008 in Issues, Politics/History | 2 comments

Amnesty International reports today that the request of three of the numerous – do we even know how many are there at this point? – detainees that have asked for asylum in Switzerland, have been denied (Bern rejects Asylum for Guantanamo Inmates – Swissinfo)

One of the widely awaited actions of US President Elect Obama once he is officially instated into his functions, is the closing of the law-free zone of the Guantanamo prison for terrorist suspects – infamously called Camp X-Ray or Camp Delta or even detention camp.
The name Guantanamo has become synonym with a number of things, fear of terrorism that leads to power abuse, unlawful imprisonment, governmentally ordered torture on prisoners, detention without trial only being a few of them. Throughout the world the name has become as evocative and shiver inspiring as Abu-Graib. The only real difference between the two is the status of soil: Abu Graib was in a far away country on the other side of the globe and on foreign ground, Guantanamo is – granted no around the corner from a European perspective – but factually American soil seeing that the Naval Base is extraterritorial in Cuba.
It takes a while even for the informed US American to understand that a a law-free zone has been created voluntarily and intentionally by their own government as to be at liberty to torture and hold people outside of any legal founding, given the current state of global fear that is maintained at a certain level to justify said injustice.
From a moral standpoint there are a few things that need to be raised as questions and that still have not been properly addressed as of yet either by the philosophical or ethical professional community, nor by the law professionals or even politicians: what is an unlawful combatant in the light of the system of clan wars and interaction as can be found in Afghanistan? Do the ends of saving and protecting the American people and military abroad really justify any means? To a point where the Constitution and Human Rights are flaunted so badly? Is the use of and redefinition of torture in order to make waterboarding not torture, really the way to promote the values of our modern world, as the US have written on their flag in this war on terrorism? (For more on the issue of governemental torture in the US and in Guantanamo, I point to the Documentary ‘Torturing Democracy Documentary’ which makes a shocking and sickening point on this issue. But beware, it is not for the faint of heart or the easily outraged. It’ll leave you shuddering and trembling.)

The problem however that will arise with a closure of the Camps in Guantanamo, is that these detainees cannot be sent home where they are likely to either be prosecuted, hunted, tortured or killed. Any country that knows of such danger is legally prohibited of sending them back. What the US have created here, is a Russian Doll of problems and solving them will entail much more than just a political decision to close Guantanamo. These prisoners need a safe haven and of course the American Government refuses to give them that. (Which is understandable due to their paranoia and reality – sic! – of domestic terrorism. If anything Guantanamo has created more people with terrorist intent than it set out of capture and… dispose of.) So now has started the scramble for other solutions. Other countries will have to step up and of course the EU and Switzerland are obvious candidates.

The three prisoners that have asked for asylum in Switzerland are from Algeria, Lybia and China. Now, I get that the Swiss Immigration Office cannot grant a Lybian citizen asylum in the current bras-de-fer with Gaddafi after the incident that had his son arrested in Geneva (take a look at the second paragraph) and that led to a complete diplomatic meltdown between the two countries.
I understand that France is a much clearer destination for an Algerian, but I do certainly not understand or condone the refusal of a Chinese. It doesn’t make any sense.

From these three, the Chinese prisoner is most likely to suffer prosecution and danger of death than any of the other two. It is safe to assume that the person in question is from the Uyghur tribe, who are Muslim Chinese of Turkic descent. They are a minority that has been persecuted for a long time and have turned to terrorist attacks to state their point. (On the Uighurs Problematic in China)

In my view Switzerland had the possibility to make a stand here and take the first step that would have permitted a lot of other countries to follow and help the US resolve the injustice that persists in the form of Guantanamo. My country has accepted over 40% of the overall number of refugees from the Bosnia war in the 90ies and has the highest percentage of refugees from former Jugoslavia (meaning from all the wars: First and Second Croatian War, Bosnia etc.) in the world, but we cannot find ways to accept a single Chinese prisoner that has been unlawfully kept for years without proof for suspicion of terrorist activity and has now been declared ‘not dangerous’ by the US authorities themselves?

I am ashamed.

Ashamed for a country that holds the chart of the United Nations and the Red Cross. Ashamed for a country that has been and continues to be the synonym for humanitarian action and speaking out against injustice and diplomacy.

Shame on all of us who stay silent.