An American Muslim Journal

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.

 

 

Domestic radicalization and FBI-American Muslim Relations: What is the best strategy?

Should the 5 young American Muslims picked up in Pakistan be charged with any crimes in the United States?

"Charging them and throwing them in jail is not the solution," said Nihad Awad, national head of the Council on American-Islamic Relations, which approached the FBI on behalf of the families. "The government has to show some appreciation for the actions of the parents and the community. That will encourage other families to come forward."

The men, ages 18 to 24, traveled overseas just after Thanksgiving without telling their families and were arrested near Lahore on Dec. 8. A Pakistani court this week ordered them held for up to 10 more days of interrogation, but officials say their likely return to the United States could take months. Pakistani officials say the men were in touch with a Taliban recruiter and were aiming to join up with al-Qaeda and battle U.S. troops in Afghanistan.

No one has been charged, and the men's friends and spiritual advisers say they never saw any sign of radical beliefs or activities.

Federal prosecutors in Alexandria, where any criminal case would probably be brought, declined to comment. But law enforcement sources say prosecutors are likely to consider charges that include providing material support to terrorist organizations. Prosecutors face complexities that include whether the men's reported admissions to Pakistani authorities are admissible in a U.S. court and whether any statements were coerced.

Via the Washington Post

Did these 5 guys actually commit any crimes by the time they were apprehended?  What is to be gained by not charging them?  Does a greater prospect of domestic radicalization portend an even more strained relationship between American Muslims and the FBI?

There is an argument for U.S. Attorney General Eric Holder to be lenient with these 5 young men.  There is a lot to be gained for restraining the full force of the law and instead trading leniency for a more concrete and collaborative strategy that brings together the American Muslim community and the FBI in order to curtail future radicalization within the American Muslim community and to also accelerate the weeding out of those violent extremists who now dwell amongst us.  Also, these men may be good candidates for de-programming or de-radicalization.  With that de-programming comes the opportunity to learn a great deal about what caused them to snap in the first place.

Some of the questions I would like answered include: (1) How did these 5 young men conceal their hatred for America so well?  (2) Was the radicalization an acute event with some particular event causing these young men to snap?  (3)  What kind of religious environment did they have in their home?  and (4)  What kind of involvement did they have in their mosque and how did they view that involvement (were they using the mosque as a cover or did they in fact seek and receive spiritual guidance there)?  These are some of the questions I would like to have answered, because I think answers to these questions will be helpful in understanding the thinking of these young men.

If Holder decides to prosecute them aggressively with the severest possible charges, then we run the risk of these men becoming recalcitrant and opting to use the criminal prosecution as a soapbox for their ideas.  The recent prosecution (and conviction) of Ehsanul Islam Sadequee in Atlanta, GA for terrorism related charges is an example of just such a situation.  Sadequee, a 23 year old U.S. citizen, opted to defend himself, and in so doing, he seems to have squandered his opportunity to defend himself in exchange for sermonizing and speech-making on Islam.

On the other hand, being lenient could send the wrong message to other would be hirabis.  Being lenient on these 5 young men may suggest to other would be violent extremists in our midst to continue with their schemes and plots with greater impugnity.

The one factor that may (should) tip the scale in favor of leniency is the fact that the families actively sought the help of the FBI.  That is precisely the kind of cooperation the FBI wants.  The American Muslim community in the DC area is no stranger to the sordid history of the FBI with American Muslims but they recognized that the FBI is a valuable resources in protecting American Muslims as well as the broader community and in the interest of protecting these 5 young American Muslims, the families reached out.  Thankfully, and possibly as a direct result of this early outreach, these 5 young men were scooped up in Pakistan before they could harm anyone (including themselves).

Sooner or later we will reckon with the fact that we cannot alienate and marginalize American Muslims and still expect to garner this community's support in rooting out extremism within the American Muslim community.  Partnering with the American Muslim community is the only way, short of shredding our Constitution, to combat home-grown hirabah.  This is an opportunity to begin mending fences and building some trust between the American Muslim community and the FBI.