The Senate voted 79-19 on Tuesday to continue to allow inmates of the detention facility at Guantanamo Bay in Cuba to be tried for their alleged crimes on U.S. soil.
In accordance with current regulations, in the event of any inmates being cleared of charges at the end of their trial, they will not be permitted to remain in the U.S. Overseas territories such as Guam and Puerto Rico are included in the definition of the U.S. as far as prisoner releases are concerned.
There are currently an estimated 220 prisoners still being held at Guantanamo and
AFP states that 80 of those being held are due to be released, with a further 60 inmates expected to stand trial.
It is not certain that all trials will be held in the U.S., the
BBC noting that detainees may be sent abroad for trial or alternatively face a military tribunal.
And there are strict procedures to follow before clearance will be given for an inmate to be transported to the U.S. for trial.
A detailed risk assessment must be carried out on an inmate 45 days before they can be moved to U.S. soil, the level of danger involved in moving the detainee to the U.S. and the steps being taken to reduce any threat that may exist being two key elements of that assessment.
The bill containing details of the procedures to be followed to allow Guantanamo detainees on to U.S. soil for their trials was principally concerned with the funding for the Department of Homeland Security in 2010 and expenditure of $42.7 billion was approved for that purpose for next year.
If the President wants to send a Guantanamo detainee to another country he must first provide Congress with similar details to those which are required before a detainee can be moved to the U.S., the proposed destination for the transfer being perhaps the most important piece of additional information that must be provided.
The passing of the bill will doubtless frustrate the American Civil Liberties Union (ACLU) as it allows the Pentagon to prevent the publication of photos showing suspected terrorists being abused whilst in the custody of the U.S.
President Obama is opposed to the photos' publication, whilst the ACLU has launched a bid in court to secure their publication.
Certain aspects of the manner in which Guantanamo inmates are to be treated remain unclear. For example, reports
AFP, it is not known whether prisoners can be held indefinitely without charge. Nor did the bill make clear what may happen to a detainee if they are acquitted after going on trial.
And the commitment to closing the facility at Guantanamo by January 22 2010, made by President Obama on only his second day in office, is being undermined by difficulties that include finding countries to take some of the detainees.
However the bill passed in the Senate on Tuesday, it received House approval last week, is considered to be beneficial to the closure plans.
Although there are already convicted terrorists serving sentences in U.S. prisons some Republicans are still opposed to Guantanamo detainees being held in prisons on U.S. soil, partly because they believe the terror suspects should not receive the protections which the country's law normally offers to those who have not been convicted of a crime.
Since the facility was opened by the administration of former President George W. Bush in 2002, nearly 800 detainees have found their way to Guantanamo, which is located at the Southeastern tip of Cuba.
