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Pentagon Misinforms Public on Released Gitmo Detainees

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January 26, 2009

Amidst the welcome news of towards restoring the rule of law by ending torture and closing Guant谩namo, emerged a news report of a .鈥

Aside from the curiously coincidental timing of the report, it鈥檚 worth examining the facts (and lack of facts) surrounding the notion of detainees allegedly returning to terrorism.

Al-Shihri was released by the Bush administration in 2007 鈥 without trial or judicial review even though there may have been actual evidence pertaining to his involvement with militant groups. Instead, he was turned over to the Saudis, who eventually released him. This doesn鈥檛 exactly fit in well with the Bush administration narrative that they needed to keep Gitmo open as a part of the so-called 鈥渨ar on terror鈥 鈥 and brings up questions of how evidence was handled and how decisions were made to release detainees.

Recently, the Seton Hall Center for Policy and Research released (PDF) that rebuts and debunks the Department of Defense鈥檚 latest claim that 鈥61, in all, former Guant谩namo detainees are confirmed or suspected of returning to the fight.鈥 points out that the Department of Defense has 鈥淸o]nce again鈥ailed to identify names, numbers, dates, times, places, or acts upon which their report relies.鈥 And, upon examining the information that does exist, Denbeaux finds that the ever-changing number of people who have left Gitmo and returned to the battlefield includes:

  • The 鈥淭ipton Three鈥 鈥 because of their participation in a documentary called The Road to Guant谩namo
  • Five Uighurs (who the DoD has conceded were never enemies of the United States) who were held in an Albanian village after leaving Guant谩namo 鈥 because their lawyer wrote an editorial criticizing detention policies at Gitmo

The report includes a chart of publicly cited numbers of released Gitmo detainees who allegedly returned to the battlefield or were killed in combat (below).

From Released Guant谩namo Detainees and the Department of Defense: Propaganda by the Numbers? (Seton Hall University School of Law)

The bottom line: the actual number of people who would meet an objective definition of 鈥渞eturning to the battlefield鈥 is tiny.

Even more troubling, the Pentagon's widespread misinformation campaign has led to media reports that propogate the back-to-the-battlefield myth.

A number of important questions need to be asked about the Bush administration鈥檚 incoherent record keeping on the matter 鈥 and such contradictory and inconsistent attempts to spin DoD data regarding those who remain at Gitmo should not stand in the way of restoring the rule of law and continuing ahead on the long road to get to an America we can be proud of again.

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