This is not an anti-American book. What it is against is torture, injustice, false imprisonment, inhumanity, and the betrayal of American core values and fundamental beliefs.
This book (previously published in the UK as "Bad Men") discloses that a considerable number of the prisoners at Guantánamo Bay were at the time of their capture, and of course still are, totally innocent, but being in the wrong place at the wrong time were sold into captivity by locals greedy for the bounty offered by the US. Amnesty International has published a finding that "hundreds of people" were arbitrarily detained, after the US offered cash payments, in leaflets dropped by American aircraft, for information on Taliban and al-Qaeda fighters. This "rewards programme" resulted in a frenetic market in abductees. It is the reason for the false imprisonment of uncounted men and boys in American secret prisons, in secret locations around the world, and at Guantánamo Bay. In an earlier article [in Index on Censorship, "The Archipelago of Gulags," February 2006] Stafford Smith wrote: "The majority of prisoners I represent were not seized in Afghanistan, but purchased in Pakistan for the bounties offered by the US - starting at $5,000." In Pakistan, the per capita annual income is $720.
Torture by US proxies, the book shows, was carried out to obtain confirmation of the alleged status of these purchased captives as terrorists or enemy combatants. One victim of rendition was the 16-years-old Hassan bin Attash, who was rendered to Jordan "for sixteen months of torture" because the US government wanted information about his older brother. He is still imprisoned at Guantánamo.
On the basis of the evidence in this book, when Secretary of State Condoleezza Rice denied, in December 2005, that the US had sent so-called enemy combatants to countries where they would be interrogated under torture, she was lying - a lie to which Prime Minister Tony Blair and the British Foreign Secretary of the day repeatedly lent their support at the time.
Guantánamo is "the mother of all mistakes." Fifty-five per cent of those in captivity at Guantánamo Bay are not even alleged to have ever taken part in hostilities; 95 per cent of them were not taken into custody by US troops, but were turned over by Pakistanis or Afghans - usually in exchange for cash; 92 per cent were not even accused of being al-Qaeda fighters. In answer to the question, why are patently innocent non-combatants still being held as prisoners by the Bush administration? it seems the answer is, in effect, moral cowardice. No one wants, or is able, to take responsibility for making the decision and signing the release order.
There are quite a few prisoners in US mainland prisons being held in solitary for life, and their being driven insane as a result of prolonged confinement is an expected outcome. Whether such cruel punishment is constitutional is a good question. Indefinite imprisonment in solitary confinement is undeniably cruel, and in Guantánamo, according to Stafford Smith, it is driving prisoners insane.
Guantánamo Bay is a prison where the US has disallowed constitutional rights (to which non-US citizens are, under US law, not entitled) and infringed or withheld habeas corpus and other fundamental human rights without fear of judicial oversight - but it is not the only one. There are secret prisons in scattered locations worldwide, and there are fourteen thousand prisoners of the US in them - the largest number in Iraq. Locations have been deliberately selected so that there can be no recourse to judicial process for those incarcerated without limit of time. Meanwhile, the US is still taking prisoners. If the Guantánamo Bay prison is ever closed, Clive Stafford Smith will have done more than anyone to achieve that result. The secret prisons around the world are a more difficult and sinister matter.
Stafford Smith writes well and with humour, but his narrative is consistently depressing. The bravery and spirit shown by some of the wronged prisoners in the face of adversity is an occasional upbeat note. The charges against the US now amount to an overwhelming tally of incompetence, arrogance and overkill. The British government, too, is guilty of having betrayed important principles, and of callously abandoning individuals entitled to government help. "Bush and Blair", the author believes, "have contrived to make the lives of every person on this planet vastly less secure."
As a consequence of the War on Terror, and to give itself a free hand, the US decided to put aside the rule of law in dealings with its supposed enemies. Thereby, arguably, it forfeited its claim to stand as the world's primary upholder of freedom and justice. This policy decision must go some way to explaining the significant growth of anti-Americanism during the presidency of George W Bush, as the administration over-reacted to the events of 9/11.
This book is more than a chronicle of fantastic injustice. Its final inference is that the War on Terror has resulted in a defeat for traditional western values. "We ceded our claim to the moral high ground," Stafford Smith concludes. Led by people deficient in good sense and decency, the US and Britain have betrayed the standards of justice and freedom which enabled our nations to occupy the moral heights as defenders of humanity's claim to believe in its own goodness.
