CCR Calls Republican Report on GTMO “Recidivism” Politically Motivated Cherry-Picking Re-Hash

February 9, 2012, New York – Today, the Center for Constitutional Rights issued the following statement in response to the release of a report on detainees released from Guantánamo by the Republican members of the Oversight and Investigation Subcommittee of the House Armed Services Committee. Democratic members refused to sign because, as committee member Jim Cooper stated, “the public report uses a highly problematic ‘methodology’ in order to write ghost stories designed to scare voters.”

Despite the obvious political points this rehash of a report tries to score it merely confirms that, other than one or two sensationalistic stories, the overwhelming majority of transfers out of Guantánamo have resulted in no harm, let alone harm to the United States. And nothing in the partisan report suggests that the 89 men who have been cleared for release by unanimous agreement of the Defense Department, FBI and intelligence agencies should not be released.
In fact, the report underscores what advocates for the detained men have been saying for a long time, that recidivism rates are low and the cleared men can be safely transferred out of Guantánamo.
The committee met with experts in the field who provided large amounts of additional data that the committee chose to ignore because it did not fit its narrative; instead it cherry-picked anecdotes designed to alarm the public. As Democratic committee members explained, the GOP committee members engaged in a deeply flawed and partisan process and failed to give the Defense Department or State Department sufficient time to review its findings.
This is another in a long string of discredited reports on hazily defined recidivism that provide no names or concrete allegations. In the past, when names were made public they turned out to include men whose “return to the battlefield” consisted of participating in documentaries about Guantánamo or complaining of their abuse to New York Times reporters. The government’s record on these matters has shown that we cannot accept these kinds of claims at face value.
If this report is the best the GOP can do after a year-long investigation, then the recidivism myth is conclusively debunked— this report is the nail in that coffin.
The report seeks to prevent any further transfers out of the prison camp despite the findings of the interagency task force that cleared 89 of the remaining 171 men at the base. Not only can these men can be transferred out, but after 10 long years they must be.  
The fact remains that the vast majority of the men at Guantanamo should never have been detained in the first place and a great injustice has been done to them. Hundreds of men have now been released and are peacefully rebuilding their lives. Rather than fueling fear, the government should be making sure the remaining men who have been wrongfully detained are quickly repatriated or resettled, and, notwithstanding poll numbers or focus groups, that Guantánamo is closed.
CCR has led the legal battle over Guantanamo for the last 10 years – representing clients in two Supreme Court cases and organizing and coordinating hundreds of pro bono lawyers across the country to represent the men at Guantanamo, ensuring that nearly all have the option of legal representation. Among other Guantánamo cases, the Center represents the families of men who died at Guantánamo, and men who have been released and are seeking justice in international courts. In addition, CCR has been working through diplomatic channels to resettle men who remain at Guantánamo because they cannot return to their country of origin for fear of persecution and torture.

The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at


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February 9, 2012