Guantanamo Prisoner's Open Hearing Could Pose Problems, Administration Says

A Guantanamo prisoner may have his court hearing closed if the Obama administration gets its way. The hearing plans to focus on the government's treatment of a Syrian prisoner, but administration officials said that too much of the information relating to the prisoner is classified, which could pose problems to having an open hearing.

The Department of Justice said in its court filing that "an open hearing risks unauthorized disclosure of classified or protected information. The record in this case is large, with classified and protected information often inextricably intertwined with unclassified information," reported the Associated Press.

The prisoner, Abu Wa'el Dhiab, has gone on a hunger strike and is now protesting force-feeding being conducted by the U.S. military.

Dhiab was arrested in Pakistan in 2002 and was cleared for release by the U.S. government in 2009, yet he remains in Guantanamo Bay nearly a decade later, still without charge or trial, according to Reprieve, a prisoner justice program.

Because Dhiab is on hunger strike, the U.S. military forcibly removes him from his cell, restrains him in a chair, and force-feeds him, which Dhiab claims is abusive.

The Defense Department has previously said that they only force-feed to keep at risk prisoners alive.

During the Oct. 6 hearing, testimony will be introduced by three doctors regarding Dhiab's physical and mental health in relation to the force-feeding, according to Jon Eisenberg, one of the lawyers, reported the Associated Press.

Lawyers also plan to submit statements by three military officials regarding their force-feeding practices, and, according to Eisenberg, "will offer 32 videotapes showing guards forcibly removing Dhiab from his cell and strapping him into a restraining chair in preparation for force-feedings," said the Associated Press. Such videos are classified as secret.

Eisenberg also told the Associated Press that he believes the hearing will be more like a "full-blown trial," adding that the government is attempting to keep its practices secret.

Government officials are worried that releasing videos showing force-feeding and cell extraction, while supposedly lawful, could be used as anti-American propaganda.

The Deparment of Justice said in its court filing that an open hearing would require "closely monitoring every question to and every answer from each witness," to ensure that classified informaiton is protected, reported the Associated Press.

One proposal from the DoJ recommended that unclassified opening statements could be open to the public, and that a public version of the closed hearing transcript could be released.

According to June 2014 report by Defense One, 78 of the remaining 149 Guantanamo prisoners have been cleared for release, as they have been vetted to pose no national security risk.

Tags
Guantanamo, Guantanamo Bay, Department of Justice, Prison
Real Time Analytics