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Article 2 October 2008 edition.

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"MY GUANTANAMO DIARY"
by Mahvish Rukhsana Khan :     Review by Jessica Kuzmier

copyright 2008 John B.      The war on terror is an ephemeral, free flowing concept. People are instructed to keep their eyes and ears open for any clues that will unearth a sleeper cell, much like the ones that were embedded in the United States before the events of September 11, 2001. And this concept works, it seems. Plots have been foiled this way, such as the 2006 plot to blow up planes in transatlantic flights. A person reported suspicious activity, and British intelligence was able to thwart this attack.

     This is an example of informants working at their best. That was the intention when the Americans offered rewards for any intel leading to the apprehension of al-Qaeda and Taliban acquaintances. People motivated by tribal rivalry and sheer monetary motivations handed over personal enemies, many who had nothing to do with anything related to terrorism. In this vein began America's historical journey to what is now the prison at Guantanamo Bay.

     Many atrocities have alleged to have occurred at this place. Amnesty International has called for the closing of the facility. Both John McCain and Barack Obama have concurred with this battle cry, which if it is anything more than a campaign rally will be an interesting step in this war on terror. Many of those who were rounded up on Pakistan have made their way here, to spend many years without any convictions or trials. Certainly, many who were terrorists were amongst these people. But the only way that one can determine this is through trying these people, and it has become more and more obvious that many detainees, innocent and guilty, have been languishing in this place without being tried for any crimes.

     Mahvish Rukhsana Khan was a law student at the University of Miami when she decided that she needed to do something about what was going on in Guantanamo Bay. An American who was the child of Afghani immigrants to the United States, studying law, Khan was offended by the atrocities at Guantanamo on several fronts. As an American, she was upset that the country she was born in could be so guilty on these charges. As an Afghani, she realized how easily people of her heritage could have fallen into this black whole of Guantanamo Bay. As a future lawyer, she was appalled that a country that lived by the rule of law was so blatantly violating its statutes.

     So when her fiancé challenged her to do something about her outrage, Khan Googled Guantanamo. Fluent in Pashto, the native language of Afghanistan, she applied to be a translator in the camp. In this fashion, after numerous checks and balances, Khan found herself in a unique niche that needed to be filled. In her capacity as translator for habeas lawyers, she was able to visit what was known as the monstrosity of Guantanamo Bay. It was here that she saw for herself that all that she thought was wrong with the place was true, and more.

     "My Guantanamo Diary" is the account of her travels to the famous detention center. Khan bears witness to the struggles of many of the people whom have been remanded to this place. Instead of violent offenders, she meets many men who could seem like her grandfather, a brother, or a schoolteacher. Defying all stereotype of being the most evil of the evil, the imprisonment of these people stands out as a symbol to her what has gone wrong with her country. Even more abhorrent are the accounts of torture which have allegedly been perpetrated against these people by the American military. Her hands on experience with the place exemplifies all that she sees is wrong with the place.

     Khan's perspective of what is going on with the detainees may seem naive to some. The fact that she seems to sympathize whole-heartedly with the detainees she meets may seem like Stockholm Syndrome, where one sympathizes with one's captors, or in this case, one's clients. To some, it may seem that the detainees are just manipulating Khan's compassion to make themselves seem less guilty than they are. After all, if al-Qaeda are made up of people who are capable of going years underground in sleeper cells, of course they can seem like the guy next door. Of course, a terrorist has to live somewhere, and the guy next door is not always such a nice guy. These so-called nice guys may just be playing a game to look more sympathetic, and Khan is buying it.

     Perhaps, to some extent, this may be true. But a significant amount of detainees have been held and subsequently released without being convicted of any terrorist activities. Amnesty International has followed many cases where innocent people were part of some roundup and sent to Guantanamo, only to languish there for years, many times victims of torture. Murat Kumaz was a Turkish national, born in Germany, who languished in the prison for years before his release. And the American Supreme Court has questioned the constitutionality of what goes on there, most recently rendering a 5-4 judgement in favor of restoring habeas corpus to those in the prison camp.

     Whatever one thinks about the residents of Guantanamo Bay, the reality is that the United States calls itself a nation based on rule of law. No matter what one thinks about terrorists, even if it is the worst of the worst, the fact of the matter is that the court of law exists to protect us from ourselves. The reason why the courts exist is to be the impartial judge where emotion will be too strong. This impartiality will enable a more objective result rather than vigilante justice. Allowing the rule of law to lapse because some people of evil is an egregious breach in the principles that the United States founded itself on.

     The firsthand account of Mahvish Khan of what is happening in Guantanamo sheds some light on what is going on in the shadows. It gives more shape to the ephemeral accusations of torture and ill-treatment that have allegedly taken place at this facility. Amnesty International has called for its closing, and as a victim of torture himself, so has Senator John McCain along with Senator Barack Obama. It is a bigger issue than appearing more concerned about criminals than innocent victims.

     The war on terror is as much about ideals as actual military theater. One can say these people are not American citizens, or are evil people, and rationalize deterrence from the rule of law as much as they want to, because this is their right to freedom of speech. But the reality is that the American Constitution does extend beyond citizenry, and that the principles of human dignity and habeas corpus is a right to be enjoyed by all. To win the war on terrorism, the United States should maintain the dignity of all human beings, regardless of accusation or country of origin.

     "My Guantanamo Diary" is a potent argument agitating for the rights of all people. Regardless of the status of the people, Khan does a good job in portraying them as people. As it states on the back of her book, it is easy to mistreat Prisoner No. 1154. It is quite another thing when you see this individual as a person with a name and an identity. Habeas corpus does not exist just for when it is convenient. In fact it exists just because sometimes it is inconvenient to treat certain people with dignity. Habeas corpus exists to remind us all that no matter what, we are still all human.

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