S. fails to consider the inmates as war prisoners, and does not allow them to defend themselves against the charges brought, is a complete breach of the Geneva Conventions. At the same time, statements such as Donald Rumsfeld's consideration that the prisoners of Afghanistan are unlawful combatants and do not enter the category of prisoners of war is simply a means of establishing a legal niche that would allow the State Department to increase the number of inmates and to limit the degree under which the practices from Guantanamo must face the international law scrutiny.
All these issues taken into account, it can be said that the matter of the legal status of Guantanamo inmates represents a human rights' issue and it must be considered the degree in which this attitude tends to affect the United States. There is in fact no legal justification or interpretation of the Geneva Conventions that would suggest the fact that the actions taking place in Guantanamo are lawful. From the perspective of the basic human rights, these are not met and they pose serious questions over the legality or justification of the actions undergone by the U.S. In Guantanamo.
Another important aspect that must be taken into consideration when trying to establish the feasibility and the obligation for the area to close down is the image of the United States. Since the early days of our history the American people and in general the American democracy have been widely viewed as one of the most important democratic countries in the world precisely because they offered the sense of equality and respect for all human beings, regardless of origin and nationality. However, at this moment the Guantanamo Bay example stands in complete contrast with the ideas promoted for more than 200 years throughout the world. In this sense, Colin Powell argued that "Guantanamo has become a major, major problem... In the way the world perceives America and if it were up to me I would close Guantanamo not tomorrow but this afternoon... And I would not let any of those people go. I would simply move them to the United States and put them into our federal legal system" (Reuters, 2007). Also, another high ranked official considered that the existence of Guantanamo may pose a threat to the image of the U.S. In this sense, he considered that "from the standpoint of how it reflects on us that it's been pretty damaging" (Al Jazeera, 2008).
Therefore aside from the legal aspects there is also the matter of the image the U.S. creates for itself. The facilities in Guantanamo represent an issue that could jeopardize the position of the U.S. As a fighter for freedom and as a supporter of the respect for human rights throughout the world.
The issues related to the legal matters concerning the Guantanamo prisoners are facts that are rather hard to understand by the public because they entangle particular matters related to international law. However, the negative image of the world in respect to the U.S. is widely determined by the constant news of the psychological problems detainees from the area suffer throughout their detention time. In this sense, there have been massive reports on the physical condition of prisoners as well as guards. Concerning the latter "the guards at the Guantanamo Bay prison camp are the "overlooked victims" of America's controversial detention facility in Cuba, according to a psychiatrist who has treated some of them. In some cases, a tour of duty at the camp has made guards suicidal and prompted a variety of psychiatric symptoms, from depression and insomnia to flashbacks." (Randerson, 2008) Therefore, it is obvious that there are more people involved in the entire situation. On the one hand, there is the matter of the guards who are not only the witnesses of the abuses that take place but are also sometimes forced to treat the inmates in an abusive manner.
In terms of the treatment of the prisoners, they are clearly treated inhumanly. There are reports suggesting that the means of interrogation are taking the physical endurance capabilities to extremes. In this sense, there are images that portray the techniques used to intimidate inmates "including a female interrogator grabbing a detainee's genitals and bending back his thumbs, another where a prisoner was gagged with duct tape and a third where a dog was used to intimidate a detainee who later was thrown into isolation and showed signs...
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