January 2, 2006

Update to "There's No Way Out of Here"

I thought of just updating the original post, but it's already a lengthy one. Let me address some of the questions and objections here, instead:

1. What were Abu Bakker Qassim and Adel Abdu Hakim doing in Afghanistan in the first place?

I haven't found a definite answer to this, but Hubris kindly offered this visual aid as a starting point:

the scientific term for this is 'geography'

As the Uyghurs* occupy the northwest part of China known as East Turkistan (commonly) or the Xinjiang Uyghur Autonomous Region of China (by the Chinese officially) it wouldn't be much of a detour for them to cross into Afghanistan on occasion, perhaps accidentally, or indeed they may have had good reasons to do so intentionally:

Many Uyghurs have fled East Turkistan to neighboring countries in order to escape persecution and in the hope of exercising fundamental human rights denied to them under Chinese rule, including freedom of religious belief and freedom of expression. However, since September 11, 2001, the Chinese authorities increasingly brand anyone fleeing East Turkistan as likely to be either a “terrorist” or “separatist”, or a religious “extremist”.

For more background on the Uyghurs and their treatment by the Chinese, the Uyghur Human Rights Project is a good resource.

Not that any of this is the point, as the government's already declared these men "No Longer Enemy Combatants." Still, for you wild-eyed kids out there just dying for a conspiracy theory . . . .

2. Why would they be tortured or killed in Afghanistan?

Um, I'm not sure they would be? But Afghanistan doesn't want them, and Afghanistan's not where they're from. China, now, China would definitely like them back:

The Chinese authorities have applied increasing pressure on neighboring governments to return these refugees to China, where they face imprisonment, torture, and even execution following trials which fall far short of international fair trial standards.

3. Why should these guys get special treatment? Also, isn't it true you're just a big ol' bleeding heart liberal?

I'll let Adel's attorney cover the issue of "special treatment:"

The military people reached this conclusion [that Adel was not an enemy combatant], and they wrote it down on a memo, and then they classified the memo and Adel went from the hearing room back to his prison cell. He is a prisoner today, eight months later. And these facts would still be a secret but for one thing: habeas corpus.

Only habeas corpus got Adel a chance to tell a federal judge what had happened. Only habeas corpus revealed that it wasn't just Adel who was innocent -- it was Abu Bakker and Ahmet and Ayoub and Zakerjain and Sadiq -- all Guantanamo "terrorists" whom the military has found innocent.

Habeas corpus is older than even our Constitution. It is the right to compel the executive to justify itself when it imprisons people. But the Senate voted to abolish it for Adel, in favor of the same "combatant status review tribunal" that has already exonerated him. That secret tribunal didn't have much impact on his life, but Graham says it is good enough.

As for the bleeding heart liberal bit: If, when weighing the consequences of unlawful imprisonment versus more paperwork for federal judges, I conclude, "Damn the paperwork," and that is your definition of a bleeding heart liberal, then certainly you are right.

It's news to me, but then, I did have this little idea that judiciously limiting the power and reach of the federal government was rather a hallmark of conservatism. Forgive me.

4. When does Ith get back?

Soon, I hope. Real, real soon.

*In the first post I spelled this "Uighurs," but "Uyghurs" seems to be the preferred and "Uighurs" the variant spelling. To-may-to, to-mah-to.

Posted by at January 2, 2006 10:19 AM | PROCURE FINE OLD WORLD ABSINTHE

If we bring those people to the US and let them go a lot of people will die.

Posted by: Daniel Upton at January 2, 2006 3:33 PM

Let me get this straight:

I write a comprehensive, coherent follow-up with multiple sources, addressing one of your specific questions from the last post directly, fairly, and thoroughly, and what I get back from you is, "If we bring those people to the US and let them go a lot of people will die?"

And that's going to happen because . . . ?

And I said that's exactly what we should do, um, where . . . ?

See, because I keep reading this comment, and I keep thinking one of us needs to put down the pipe. And I'm thinking, I'm thinking it's not me who needs to do that.

Because your comment made no sense whatsoever.

Posted by: ilyka at January 2, 2006 4:07 PM

If they are allowed to stay in the US it will become common knowledge in China that getting across the border to Afghanistan and being picked up as a suspected terrorist is a ticket to the US. If you want an idea of how many Chinese will try to make the trek to the Afghan border think about how many Cubans try to get to the US every year and multiply by 100 (that's how many more people live in China than Cuba). The Chinese will respond by stepping up patrols of the border area and will capture most of those who are trying to escape. They will be killed on the spot or sent to the Chinese GULAG where they will be worked to death on a starvation diet. Or they will make it across to Afghanistan where the Afghan authorities will pick them up and send them back to China (see the bit about the GULAG). Or maybe they'll die of starvation or dehydration on the trip like some Mexicans do trying to get into the US. Or maybe they'll find an American patrol and get shot because they do too good a job of trying to look like terrorists.

Of course the Chinese may pull a Castro on us and empty out their maximum security prisons and insane asylums and cattle prod them to the border.

But hey, what's the difference as long as we can do the "compassionate" thing and feel good about ourselves. Consequences come in the future, that warm glow of self-righteousness is something we can feel right now.

BTY, it will do no good to say that these will be let in to the US and no other. People the world over are used to governments saying one thing and doing another. People will read our deeds, not our words. The fact is that the publicity that this is getting might just have a lot of folks in China thinking that Gitmo is better than were they are. We might wind up having to give them back just to prove that the Afghan border isn’t the magic portal to freedom.

Now I have to go. I scored some primo rocks earlier and I want to get high while I watch the House rerun.

Posted by: Daniel Upton at January 2, 2006 6:30 PM

Oh, and if you don't want them to stay at Camp X-Ray and you don't want to send them back to China and no other country in the world will take them, just what do you want to do with them? Every physical object, even a person, has to BE somewhere. Where do you want them to BE?

Posted by: Daniel Upton at January 2, 2006 6:34 PM

I dunno, Daniel. Cuba is a whole lot closer to the US than the western border of China is. There are a lot of easier ways to get into the US than through the western border of China, which goes through some rather difficult terrain, is the the middle of the world's largest landmass, is on the other side of the world from America, and so on. All Cubans have to do is float across 90 miles of tropical water and they're in Key West.

As for what we should do with the two Uyghur fellows, I say we send them to Daniel's house. He can keep an eye on those boys, make sure they don't get into trouble, etc. It's okay, we trust you Daniel.

Posted by: Andrea Harris at January 2, 2006 7:21 PM

For the record re: what I want to do--well, if this dots all the legal i's and crosses all the legal t's:

The proper response, given the courts' appropriate deference to the political branches here, would be for Congress to pass and the President to sign a private bill granting these two at least temporary conditional residency in the US. It's not common but nor is it hardly unheard-of.

--from the last post, by a commenter named "Dave J." Thank you, Dave J.! Voice of reason that thou art.

Failing that, ideally some other country would agree to grant them asylum. Then again, maybe that's not ideal. Maybe that's just making someone else clean up our mess, because we're the ones who picked them up in the first place.

I don't pretend to have a quick fail-safe solution on this, at all. I just wasn't seeing where we were going from two innocent locked-up guys to "a lot of people would die."

And I do think Andrea's right that there have to be easier ways out of China than that. Sheesh.

Posted by: ilyka at January 2, 2006 8:01 PM

If we show the Chinese people that crossing the Afghan border will get them a trip to the US (on a nice warm US Air Force plane, much more comfortable than a leaky boat) more will try. It will not matter even a microscopic amount if the law says "those two and no more" all some persecuted minority in China will see is that it is possible to turn detention by the US military in Afghanistan into a life in freedom in the US and more will try.

If you want them in the US then grease two terrorists in Iraq who are about the same size as the two in Gitmo. Then claim that the innocent two committed suicide. Ship their effects (but not the bodies) back to China and put the real guys in the witness protection program after telling them that if word of who they really are gets out that they'll be sent back.

Posted by: Daniel Upton at January 2, 2006 10:32 PM

The chance that the Chinese government would allow the story to get out and about in China in the first place is negligible. These are persecuted provincial minorities - not tech savvy urban students. It's not like they're going to be reading about the story online and it will never see print in the state newspapers.

For those tech savvy urban students who may know about this story...well, they most definitely have easier ways to get to the US than to cross mountains, impersonate terrorists and spend a few years in prison.

Posted by: Jim at January 3, 2006 3:11 AM

"The chance that the Chinese government would allow the story to get out and about in China in the first place is negligible."

Do you not realise that even the smallest Chinese farming village has internet connections? Do you not realise that even the smallest Chinese farming village has children away at school, in the military, working in the larger cities. The communication between families in the rural areas and their city kin is constant. That is how people in the cities get fresh produce and how people in the country get electronic gizmos like computers.

This does not even take in to account the fact that short wave radios are common in the rural areas and there are plenty of Chinese expat groups who will be only too glad to trumpet the information.

The days when even the most totalliarian government could keep the lid on information are long over.

Posted by: Daniel Upton at January 3, 2006 6:29 AM

Ilyka, I'm glad you're here. You're covering my guest-blogging slack AND giving me interesting info to read (like what habeas corpus really means)! ;-)

Posted by: Princess Jami at January 3, 2006 3:14 PM