Netherlands should not accept Guantanamo detainees

America has the obligation to rectify the excesses of Guantanamo. Bart Fleuren is of the opinion that if the Netherlands does this, it would not be in a position to disapprove of human rights violations.

In his inaugural speech, president Obama emphasized that the US alone cannot solve the world’s problems. Completely in line with his speech in Berlin last year, he appealed to the rest of the world: Do not ask what the United States can do for you, but what you can do for the United States.

This principle was previously employed by the Bush administration when it requested co-operation from the Netherlands and 70 other countries to accept Guantanamo Bay detainees who were eligible for release, but could not be repatriated. The Netherlands has thus far rejected this request.

According to the Pentagon, there are currently well over 250 prisoners in Guantanamo Bay. There are: 80 people against whom the US believes to have sufficient evidence for trial; 60 people who have been cleared for release but cannot be repatriated because they run the risk of being tortured in their own native countries; and 120 detainees for whom it is not clear what needs to be done.

The US request concerns the 60 “acquitted” detainees. The Dutch government’s argument in denying the request is that the trial and repatriation of these detainees is America’s responsibility. Dutch foreign affairs minister Maxime Verhagen (Christian Democratic party, CDA) is prepared, together with the EU Council [organisation of EU member states' foreign ministers], to consider “the possibility of facilitating the acceptance of ex-prisoners by countries of origin or by third party countries."

Critics, including the opposition party WD [right-wing liberal party], D66 [left-wing liberal party] and GroenLinks [green party] argue that the Netherlands must take in these 60 “acquitted” detainees because the Netherlands has always maintained a high-horse attitude towards the closing of the prison. “Someone like Verhagen, who is always talking about human rights, should really be able to show something on this point,” said D66’s Pechtold.

This reasoning, however, falls short. First of all, the responsibility for the trial, repatriation and acceptance of Guantanamo Bay detainees is primarily that of the US. According to international law, a country that has taken prisoners is itself responsible for safeguarding their rights. Rectifying abuses in Guantanamo Bay is legally and politically very complex and America itself needs to take on this responsibility. Were the Netherlands to do this, it would send the message that America can not only fail to recognize the International Criminal Court, but can also get away with violating human rights. Moreover, the question remains of why America itself cannot offer the prisoners asylum. According to a 2008 report by Human Rights Watch that is the structural reason why the request is being rejected.

A striking example pertains to the 18 Uyghurs amongst the group, whom China regards as terrorists. In October 2008 an American court ordered that the US had to offer them asylum, but the American government lodged an appeal. Albania was ready to offer asylum to five Uighurs and in December Portugal openly declared readiness to take in this category of prisoners.

Second, acceptance is associated with security risks. According to the Pentagon, 61 of the already released prisoners are active within terrorist groups. This represents 11 percent “recidivism.” Ultimately, risk needs to be determined on a case-by-case basis. But, if their own analysis is correct, the US cannot expect ministers Verhagen and Dutch justice minister Ernst Hirsch Ballin (CDA) to take these risks upon themselves.

The decision by Obama to suspend the current processes for 120 days seems like a big step. But, it is worrying that the US plans to bring to trial only 80 suspects, while according to the Pentagon 110 will never be released. This would mean that at least 30 people will remain imprisoned without a fair trial. The international community needs to therefore advocate that all Guantanamo Bay prisoners are given a fair trial.