Abdullah Mehsud, a former Guantanamo Bay prisoner released by the U.S., turned right around and kidnapped two Chinese engineers in Pakistan:
The former prisoners include Abdullah Mehsud, accused by Pakistani authorities of overseeing the recent kidnapping of two Chinese engineers, one of whom was killed. On Friday, Pakistani soldiers began a massive search for Mehsud, 28, who returned to Pakistan in March after about two years’ detention at Guantanamo. Pakistan officials said he has forged ties with al Qaeda since then.
This blunder reminds me of the 1999 incident when India released three Kashmiri militants in exchange for hostages on a hijacked Indian Airlines jet, IC-814. One of the men released, Maulana Masood Azhar, then masterminded the 2001 attack on the Indian Parliament which brought India and Pakistan to the brink of war.
I’m curious what the Terrorist recidivism rate is vs. the general criminal one (62%). The nature of terrorism vs. your normal street crime does imply that we should err more on the side of locking ’em up & throwing away the key…
The Indian Airlines hijacking also resulting in India releasing the terrorist who would later go on to kill Daniel Pearl. So, can we expect an “Ooops, we did it again” from the anti-Gitmo crowd?
I’m finishing up law school – it’s an understatement to say that I look at the American criminal justice system with an incredibly jaundiced eye.
Gitmo is not analogous to the American legal system (not that I’m any less cynical.) They rounded up a bunch of people – some of whom are terrorists, and others who happen to have incredibly common names, be in the wrong place at the wrong time. Now, they are sorting them out. The people who are being released are not done serving their time or out on parole, etc. – they are people who the U.S. has decided, apparently incorrectly at times, are not terrorists.
Deepa – the analogy w/ criminal justice / detention was supposed to be a very limited one.
Specifically – given all the “advantages” we have in criminal prosecution (willingness to prosecute after the crime, CSI, detailed records, etc.), the system still ‘suffers’ from a very high recidivism rate (>60%).
BUT, in the “crime war”, we accept the social cost of erring on the side of the rights of the accused / convicted and let folks out “early” (in a sense) despite knowing that 60% of the time, a crime could be prevented by simply keeping the guy locked up for longer.
Now given the adverse aspects of War on Terror (no records on people in foreign countries, the intrinsic difficulty of trying to catch people BEFORE the crime (e.g. the next 9/11), etc.), what sort of recidivism would you expect of folks thrown into & later released from Gitmo?
10%? 20%? 50%?
In lieu of crystal balls & given the intrinsic difficulties, in the terror war, we’re probably going to err on the side of locking up for longer in order to reduce the risk of recidivism.
Vinod:
I remember something from Crim Law! “Specific deterrence” – by keeping a specific criminal incarcerated, he can not commit more crimes v. “general deterrence” – locking up a criminal will deter others from committing crimes.
My issue was with the word “recidivism” because many who have been detained have never done anything wrong.
Among known/proven/however you want to put it terrorists, I doubt the US will ever release them.
Deepa
Actually, this administration has released many of them like Yaser Hamdi just recently.
Woops, sorry about that Yaser! Just don’t sue us ok, buddy..
In terms of recidivism who knows? I mean the justice department gathered several thousand men after 9/11 who appartently didn’t have any ties to terrorisism. And then tricked iranians in California. What would be the percentage of men that would consider joining terrorist groups from these incidents? Or from fall out’s like Abu Gharib?
In today’s Slate, Phillip Carter discusses the legal position the US finds itself in vis a vis it’s angle on the Geneva Convention, detainees who have become terrorists, and those who just lied to get out.
To Fight Another Day: The real reason Guantanamo detainees have returned to the battlefield.
Interesting article Deepa. Here’s one that corroborates it’s some more.
I don’t get it. How did the “officials” bypass federal law? I thought that we were at war
Kill the detainees, who cares what people say, and laugh in there lawyers face if they want to sue, and rip up there paperwork.