- The Washington Times - Saturday, February 21, 2009

The Pentagon says the Guantanamo Bay prison meets the standard for humane treatment laid out in the Geneva Conventions, according to a report for President Obama, who has ordered the terrorist detention center closed within a year.

The report recommended some changes, including an increase in group recreation for some of the camp’s more dangerous or less compliant prisoners, according to a government official familiar with the study. The report also suggested allowing those prisoners to gather in groups of three or more, said the official, who spoke on the condition of anonymity because the report has not been released officially.

Some of the hard-core prisoners are not allowed to meet with other prisoners for prayer or socialization and are kept in their cells for 23 hours a day. Alleged Sept. 11 mastermind Khalid Shaikh Mohammed is among the prisoners who could be affected by the change. Prolonged social isolation has been known to harm mental health among prisoners.

The 85-page report by Adm. Patrick M. Walsh, the Navy’s second in command, was written in response to Mr. Obama’s Jan. 22 executive order to close the facility at the U.S. naval base in Cuba.

Attorney General Eric H. Holder Jr., meanwhile, named a top federal prosecutor, Matthew Olsen, as executive director of Mr. Obama’s Guantanamo Detainee Review Task Force, which will recommend where to send each detainee. Mr. Obama has ordered the task force to consider whether to transfer, release or prosecute the detainees, or figure out some other “lawful means for disposition” if none of those options is available.

As a presidential candidate, Mr. Obama criticized the detention center that human-rights groups and many in the international community widely condemned for harsh treatment of prisoners during the Bush administration. The military has defended its actions, saying prisoners have been treated humanely since the center was set up after the Sept. 11, 2001, terrorist attacks.

The report found the camp to be in compliance with the Geneva Conventions Common Article 3, the international rules that require the humane treatment of prisoners taken in unconventional armed conflicts, such as the war on terrorism. The camp’s controversial force-feeding of prisoners on hunger strikes was also found to be compliant with the Geneva guidelines, a second government official confirmed.

Last month, the military judge in charge of deciding whether to charge Guantanamo detainees with crimes told The Washington Post at least one of the prisoners was tortured in 2002 and 2003 - alleged Sept. 11 conspirator Mohammed al-Qahtani.

About 800 prisoners have been held there, many for years and nearly all without criminal charges. There are now around 250, including 17 from China whom the United States wants to set free but cannot return to China for fear they will be tortured by the government.

Guantanamo was selected for legal reasons: As a military base, it is sovereign U.S. territory but, according to Bush administration lawyers, was outside the scope of the Constitution. That would allow prisoners to be prosecuted for war crimes using evidence that would be difficult to use in the U.S. civilian court system.

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