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December 28, 2001



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Yahoo! News December 28, 2001.

Afghan prisoners to be held in Cuba

By Matt Kelley, Associated Press Writer

WASHINGTON, 28 (AP) - Taliban and al-Qaida prisoners will be held at the U.S. naval base in Cuba as the Pentagon considers whether to use military tribunals to try terrorist suspects, U.S. officials say.

The Navy base at Guantanamo Bay, Cuba, is the "least worst'' place to hold some of the prisoners after they are removed from Afghanistan (news - web sites), Defense Secretary Donald H. Rumsfeld said Thursday.

Although President Bush has authorized military tribunals to try terrorist suspects from other countries, Rumsfeld said the military has made no plans to hold such tribunals at Guantanamo. Defense officials said Thursday that Rumsfeld has not decided how, where or even if those tribunals would take place.

But officials already were considering how such tribunals would be conducted. A draft of proposed Bush administration rules for the tribunals states that a unanimous vote of a tribunal's military officers would be required to impose a death sentence on a foreign terror suspect, The Washington Post and The New York Times reported in Friday's editions.

The draft rules also would allow conviction by a two-thirds vote of the panel, the newspapers said.

In addition, the draft regulations stipulate that a defendant is presumed innocent and that the panel may find guilt only after presentation of proof beyond reasonable doubt. That is the same test applied in U.S. civilian courts.

The newspapers said the proposed rules also would allow some type of appeals process, an apparent concession to concerns voiced by civil rights groups and some members of Congress about the fairness and openness of the tribunal process.

Asked about the newspaper reports, Pentagon spokeswoman Victoria Clarke called any draft irrelevant without Rumsfeld's approval, which she said no current draft has.

The Guantanamo base, which the United States has held since 1903, is near the U.S. mainland and highly secure. The Cuban military prohibits access to areas around the base, and the U.S. military patrols its side from behind tall fences topped with razor wire.

Guantanamo Bay has drawbacks, too, including its location, surrounded on three sides by an island governed by Fidel Castro (news - web sites), an anti-American communist who has criticized the U.S. campaign in Afghanistan. But "we don't anticipate any trouble with Mr. Castro in that regard,'' Rumsfeld told a Pentagon news conference.

Rumsfeld said it will take weeks to get the Guantanamo Bay base ready to house the detainees. Although the base has been used in the past to hold Cuban and Haitian refugees, its main purpose in recent years has been to refuel and maintain Navy vessels in the Caribbean.

Chief Petty Officer Richard Evans, a base spokesman, said it now has space for about 100 prisoners.

Rumsfeld said, "I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected.''

The United States is holding 45 prisoners in and near Afghanistan, interrogating them about terrorist leader Osama bin Laden (news - web sites)'s whereabouts and trying to determine which ones should be brought to trial.

Twenty suspected al-Qaida fighters were transferred Thursday to a U.S. Marine detention center in Kandahar, Afghanistan. They were apprehended in Pakistan after fleeing the area of eastern Afghanistan where bin Laden was believed to have been hiding this month.

The Marines were already holding 17 prisoners at Kandahar and another eight, including American John Walker Lindh, were being held on the amphibious assault ship USS Peleliu in the Arabian Sea.

U.S. warplanes hit a suspected Taliban leadership compound early Thursday morning, defense officials said. The compound was near Ghazni, on the main road between the capital, Kabul, and the former Taliban stronghold of Kandahar.

The U.S. military still has no proof of whether bin Laden is alive or dead, in Afghanistan or elsewhere, Rumsfeld said. He said the Pentagon could not confirm a claim by Afghanistan's defense ministry that bin Laden was alive in neighboring Pakistan, being sheltered by Muslim radicals.

Rumsfeld said he had not seen a videotape of bin Laden aired Thursday. But he said he hoped people watching the video would not believe what bin Laden says.

"Here's a man who has killed thousands of innocent people, so using him as the oracle of all truth clearly would be a mistake,'' Rumsfeld said. "He has lied repeatedly over and over again. He has hijacked a religion. He has hidden and cowered in caves and tunnels while sending people off to die.''

Rumsfeld said he was worried that rising tensions between Pakistan and India could hamper the U.S. effort against al-Qaida. India has accused Pakistan of supporting terrorists who attacked India's parliament earlier this month, and the nuclear-armed countries traded tit-for-tat economic sanctions Thursday.

Rumsfeld said he was encouraged that Pakistan had not pulled troops away from its border with Afghanistan. He said other possible problems for the United States would be if Pakistan stopped allowing American warplanes to fly over the country on their way to targets in Afghanistan or if U.S. soldiers at Pakistani bases would require more security.

U.S. Navy base in Cuba has tradition

By Ron Kampeas, Associated Press Writer

WASHINGTON (AP) - Guantanamo Bay has a decades-old tradition of welcoming refugees from neighborhood revolutions. Now it will jail accused terrorists from far, far away.

Defense Secretary Donald H. Rumsfeld said Thursday that the U.S. Navy base in Cuba would be used to hold Taliban and al-Qaida fighters. U.S. forces now hold 45 prisoners in the Afghan fighting, in Afghanistan and on a ship off the coast of Pakistan.

Base spokesman Chief Petty Officer Richard Evans noted that Guantanamo has detention facilities for about 100 people, dating from the mid-1990s, when it housed thousands of Cuban and Haitian refugees.

The flood of refugees created new military terminology, "migrant surge ops,'' one of Guantanamo's four declared missions today. The others are to refuel and repair patrol boats; maintain the port and airfield; and support anti-drug operations in the Caribbean.

The oldest U.S. overseas outpost has repelled enemies and welcomed refugees since 1898, when U.S. Marines fighting the Spanish-American War set up camp at the natural harbor on Cuba's southeast coast.

It was the base for several U.S. interventions during Cuba's turbulent history, and was a refuge for Cubans fleeing revolution in 1917 and 1933.

Besides its impressive security, the base would offer advantages should it ever host the type of military tribunal President Bush authorized on Nov. 13, although Rumsfeld says there are no plans for it to do so at the moment.

The base is close enough to the United States - two-hour flights depart regularly from Jacksonville, Fla. - to quickly ferry in and out legal teams, and yet its offshore status makes any verdict virtually appeal free. A landmark 1950 Supreme Court decision established, in unusually direct language, that nonresident enemy aliens have "no access to our courts in wartime.''

Bush and Attorney General John Ashcroft have said they prefer military tribunals because they better protect U.S. secrets, and because they believe enemy aliens are not entitled to constitutional guarantees.

"The Bush administration appears to intentionally be following a pattern of making sure there is no judicial review,'' said Scott Silliman, a former Air Force lawyer and Duke University law professor who recently expressed his concerns about the tribunals in testimony to the Senate.

Most of the time, life for the 2,700 people on the 45-square-mile base is bucolic. During the 1962 Cuban Missile Crisis, a senior Naval officer described the base in a memo as "a community with overtones of suburbia.''

Not much has changed: Three quarters of the residents are civilians - family to the sailors and Marines posted there, and maintenance staff from Jamaica and the Philippines.

This Christmas, residents - whose affectionate term for the base is "Gitmo'' - organized a boat parade and tour of some of the homes on base. They enjoy a view from John Paul Jones Hill that takes in the bay and the surrounding mountains.

Kids attend the airy W.T. Sampson school, run recycling drives and take tae kwan do. There are yoga and fishing expeditions for the adults.

The latest issue of the Guantanamo Bay Gazette frets about a couple of "invasions'' of the decidedly unarmed kind: "Weight Control During the Holidays'' is one headline; "Screwworm: a Threat to You and your Pets'' is another.

Such determination to create a home away from the American hearth masks the fortress that would keep the detainees secure.

The base does not have any entrances from the main island, frustrating any attacks or attempts to help prisoners escape - and hampering protesters and journalists.

It is secure, in part, because of obstacles Cuban leader Fidel Castro ordered placed to stop his people from seeking refuge there - among them a ring of cactus plants. The Cuban military controls an area of about 20 miles on the Cuban side around the base and prohibits all access.

U.S. forces stand ready to assume high alert, and have done so during the island's various revolutions, as well as during the missile crisis in 1962 and after Castro's order to cut off the base's water in 1964.

The "water crisis'' led to the building of a desalination plant and now the base is fully self-sufficient. Recently declassified Pentagon documents suggest that the base has stored nuclear weapons - probably submarine-seeking depth charges - since the 1962 crisis.

President Theodore Roosevelt leased the land from Cuba in 1903, and his nephew Franklin Delano Roosevelt ordered the base expanded in 1939. FDR anticipated the need for submarine patrols should the United States enter World War II, which it did two years later.

History of Guantanamo Bay, Cuba

By The Associated Press,

Some dates in the history of Guantanamo Bay, where the United States maintains a Naval Station, the oldest U.S. overseas military post.

-April 30, 1494: Christopher Columbus stays overnight in Guantanamo Bay during his second voyage to the Americas. He calls the natural harbor "Puerto Grande.''

-1741: British troops occupy Guantanamo Bay for four months during their war against Spanish trade interests in the colonies.

-June 10, 1898: A battalion of Marines camps at Guantanamo Bay, the first U.S. troops to land in Cuba in the Spanish-American war. Spanish guerrillas - signaling to each other with dove-like coos - close in on the outpost a day later and kill two marines, the first U.S. casualties in the war.

-Feb. 23, 1903: President Theodore Roosevelt signs an agreement with Cuba, leasing Guantanamo Bay for 2,000 gold coins a year, now valued at $4,085. Washington continues to pay the lease every year, but Castro's government refuses to cash the checks.

-1906: Opposition forces stage a revolution in Cuba; U.S. steps in and declares a provisional government, the first of several such interventions. Troops in Guantanamo patrol U.S.-owned plantations to protect them from insurgents.

-1916-1917: Disputed elections launch another civil war in Cuba. Cuban government gunboats seek refuge in Guantanamo Bay after revolutionaries take nearby Santiago. U.S. authorities once again intervene and restore order.

-1933: U.S. forces based in Guantanamo protect U.S. interests during another period of turmoil and revolution.

-1934: Under a renegotiated lease, the United States and Cuba agree that the land would revert to Cuban control only if abandoned or by mutual consent.

-1939: Anticipating U.S. participation in World War II, President Franklin Delano Roosevelt visits Guantanamo Bay and orders major expansions that will allow it to operate as a port for air and sea patrols.

-June 27, 1958: Rebel forces led by Fidel Castro (news - web sites)'s brother, Raul, kidnap 29 sailors and Marines returning from leave inside Cuba. They are released on July 18.

-Jan. 1, 1959: With revolutionary forces led by Fidel Castro making advances, U.S. bans its servicemen from entering Cuban territory.

-Jan. 4, 1961: The formal break between the United States and Cuba takes effect. President Eisenhower declares that this "has no effect on the status of our Naval Station at Guantanamo.''

-April 17, 1961: Abortive U.S.-backed Bay of Pigs invasion ends in a fiasco for anti-Castro forces. Guantanamo is on high alert, although far from the action.

-Fall 1961: Castro plants a "cactus curtain'' around the U.S. base to frustrate attempts by Cubans to seek refuge there.

-Oct. 21-22, 1962: Dependents and other civilians are evacuated during Cuban Missile Crisis, when the Kennedy administration blockaded Cuba to force the withdrawal of Soviet nuclear missiles. Reinforcements arrive to man the base's front lines. Civilians return on Dec. 7.

-Feb. 6, 1964: Castro cuts water to the base in retaliation for fines imposed on Cuban fisherman fishing in Florida waters. In response, the United States severs the pipes to the base, imports water, orders rationing, and builds a desalination plant.

-October 1979: Carter administration stages major Marine reinforcement exercise at Guantanamo, a show of force to counter the recently established presence of a Soviet brigade in Cuba.

-November 1991: Pentagon starts building housing for flood of refugees arriving in Guantanamo from Haiti. Hundreds are refused onward passage to the United States because they are HIV (news - web sites)-infected. Bleak conditions in Guantanamo inspire several uprisings through the 1990s.

-August 1994: Riots in Havana prompt Castro to declare that he will not block attempts by Cubans to leave by sea, and thousands of Cuban refugees join the Haitians already living in Guantanamo. The United States evacuates civilians on the base to make room for the refugees.

-January 1996: The United States closes the tent cities, resettling most of the Cubans on U.S. soil.

-April 1999: The Clinton administration considers, then abandons, plans to house thousands of Kosovo refugees in Guantanamo.

Source: Official U.S. Naval Station, Guantanamo Bay history.

On the Net: U.S. Naval Station, Guantanamo Bay:

http://www.nsgtmo.navy.mil

http://www.nsgtmo.navy.mil/History/HISIDX.HTM

Cuban agent given life sentence

By Catherine Wilson, Associated Press Writer

MIAMI (AP) - A Cuban spy was sentenced to life in prison for trying to infiltrate U.S. military bases and exile groups in south Florida.

Antonio Guerrero was one of 14 secret agents allegedly assigned by Havana to warn the communist island about signs of a U.S. invasion of Cuba.

Although none of the agents got any U.S. secrets, U.S. District Judge Joan Lenard said Guerrero's "illegal activities were for the sole purpose of obtaining national security information.''

Guerrero, 43, dug ditches and fixed vents for six years while counting planes at Key West Naval Air Navy base in the Florida Keys. He also reported on military flights, aircraft and changes of command at the Navy base.

In a 15-minute speech before sentencing Thursday, Guerrero, a U.S. citizen who was born in Miami, rejected the verdict as "sacrilege'' from "a jury incapable of handing down justice.''

Guerrero is the last of five agents to be sentenced following a six-month trial. The others received prison terms ranging from 10 years to life for espionage conspiracy and lesser counts. The remaining accused spies have entered pleas or are believed to have fled to Cuba.

In speeches at their sentencing hearings, the other agents have defended their espionage as a fight against terrorist attacks they claim have been committed by Miami exiles in Havana.

Guerrero "is a patriot, a patriot for a country that we don't agree with,'' said his attorney, Jack Blumenfeld. "He served his people.''

But prosecutor Caroline Miller said the case "is not about people having the right to love Cuba.''

"He is firmly committed to the interests of a foreign nation, no matter what it takes, no matter what laws of the United States he breaks,'' she said.

In Cuba, the government has organized marches in the agents' honor. President Fidel Castro called the agents "heroes'' this month and denied that they threatened U.S. security.

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