An American Muslim Journal

Recidivism rates of released GITMO detainees - not as high as U.S. gov't officials claim

The New America Foundation (NAF) reports that the recidivism rate for released GITMO detainees is not as high as U.S. government officials claim it to be.  

Where as U.S. government officials claimed that up to 1 in 4 released GITMO detainees returned to the battlefield, the NAF report suggests that the number is closer to 6% (for those whose post-release activities target the U.S. or one of our allies) and 2% (for those whose post-release activities target countries other than the U.S. or one of our allies).  

NAF also noted that the U.S. government has not been forthcoming in providing transparency in the data on recidivism.

It would be instructive to look at the records and the evidence relating to those ex-detainees who are returning to the battlefield.  What were the charges that landed them in GITMO in the first place?  What kind of evidence did our government have against these individuals?  How were these individuals treated while held at GITMO?  And why were they released?

I was not aware that GITMO detainees had finite sentences.  My understanding was that the men being released were those against whom no charges could be brought for lack of evidence.  If that is the case, then it seems disingenuous to say these men returned to the battlefield.  Is it not plausible or even probable that we drove these men to the battlefield?

Whether we drove them to terrorism or not doesn't make their acts of terrorism any less dangerous, and discussing this issue is not about excusing these men's subsequent hostile actions.  There is, however, something to be learned from looking at the possibility that our actions at GITMO are creating enemies of people who didn't harbor any animosity towards our nation or towards our people prior to their detention.

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Click here for a list of ex-detainees who are believed to have returned to the battlefield.

FoxNews.com: Gitmo Repeat Offender Rate Continues to Rise

via FoxNews.com: 

New data from the nation's top intelligence official shows that the number of Guantanamo Bay detainees returning to the battlefield continues to grow at an extraordinary rate.

The report from the director of national intelligence says that 150 of the 598 detainees who have been transferred out of Guantanamo's detention camps, about 25 percent, are now confirmed or suspected of returning to the battlefield.

I'm glad FoxNews.com brought this issue to our attention.  Too bad the reporting is so limited.  One thing I would like to know - and will try to find out from news sources that usually do some digging when they write about important events - are the circumstances surrounding the release of Guantanamo Bay detainees that are the subject of this article.  Did they complete their sentences?  Did they get paroled?  Pardoned?  Exonerated?  Transferred to other countries (and if so, on what terms and conditions)?

Recidivism is something we Americans know a lot about.  We incarcerate a lot of our own people.  And sadly, there is a fairly high rate of recidivism in most states (although I've heard that some states have instituted thoughtful reforms and are seeing positive results as a consequence).

Maybe we should apply some of what we've learned from studying recidivism in our society to the situation at the detention facilities at Guantanamo Bay.  We know that many ex-felons re-offend because, after serving their terms of imprisonment, they return to a life no better equipped to live lawfully then when they went in.  They have no job skills, their underlying addictions have gone un-treated or if treated, there are limited aftercare resources and in some instances these folks simply don't have money and housing to sustain them.  I realize that the ex-felons have a responsibility to be law-abiding citizens and that the foregoing issues do not excuse criminal behavior, but these are examples of factors that contribute to recidivism.

Is the military providing some kind rehabilitation for the prisoners at Guantanamo Bay?  I don't think they are, and in fact, I think the very poor treatment at Guantanamo Bay is likely creating or adding to a hatred of America.

I'm going to guess that the people released were people who, after years and years of languishing in this prison, were confirmed not to be terrorists.  We all know by now that there were numerous such detainees.  So, thanks to American lawyers' efforts on these detainees behalf, some of these innocent men have been set free.  If some of these men are now joining the fight against us, then I would guess that we (the U.S.) played a big role in radicalizing them.  The innocent men released came in to Guantanamo Bay without any justification, but over the years of torture and degrading conditions and generally being held without any legal recourse, they may have developed a hatred against us.  Is that so hard to believe?

The FoxNews.com article seems to suggest that the answer is to not release the people held at Guantanamo Bay.  Perhaps a more thoughtful solution would be to create some meaningful legal framework for detainees to contest their detention, to treat the detainees humanely and to put the best of American values on display to these men.  That way, when the innocent men are vetted and eventually released, they may come out with a little less bitterness against us.