Jason Everson
Criminal Justice Department
University of Cincinnati
INTRODUCTION
Guantanamo Bay is the oldest and most infamous American overseas detention facility. In 2002, the facility started housing enemy combatants and terrorist, even after being declared unconstitutional in 1993. The detention center underwent many Supreme Court decisions and created many case laws. Eventually, in January, 2009 President Obama issued an executive order declaring the closure of the Guantanamo Bay detention center within one year. Many conservatives feel that Guantanamo Bay should remain open, and closing the facility will have a negative impact on national security.
However, an analysis of the Combatant Status Review Tribunal’s report on Guantanamo Bay Prison shown that treatment programs and conditions have no impact on reducing recidivism for enemy combatants. However, an implementation of effective rehabilitation programs would reduce recidivism.
THE HISTORY OF GUANTANAMO BAY Guantanamo Bay is the oldest American overseas base and is located on the southeast corner of communist Cuba. Guantanamo Bay was created in 1903, when the United States leased 45 square miles of land and water from Cuba. This arrangement was renewed in 1934, when Cuba and the United States agreed to a payment of $2,000 per year for the lease of the land. This lease requires that both countries agree to terminate the lease in order for the contract to become void. The base continued to exist exclusively as a naval base until the late 20th century, when a detention center was established for Haitian and Cuban refugees. The detention center was declared unconstitutional by a United States District Court judge in 1993 (Steyn, 2004).
THE SOCIAL AND LEGAL SHAPING OF GUANTANAMO BAY
The Guantanamo Bay detention center remained closed until January 2002, when 20 detainees from Afghanistan were placed in
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