Twenty-Two Years of Guantánamo: A Legacy of Indefinite Detention

The vast majority of the men held at Guantánamo have never been charged with a crime. Only one detainee, Ali Hamza Ahmad Suliman al-Bahlul, has faced a conviction under the military commission system. Human rights advocates argue that the prison has become a global symbol of the indefinite detention and state-sanctioned torture that defined the post-9/11 era. While the White House signaled an intent to shut the facility down upon President Biden’s inauguration, the administration has instead invested millions into expanding the site, including the construction of a new, secretive courtroom.

Legal efforts to prosecute detainees have repeatedly collapsed under the weight of the evidence regarding their treatment. Military judges have barred testimony and evidence linked to torture, and multiple prosecutors have resigned in protest, describing the commissions as fundamentally compromised. In one notable instance, jurors recommended clemency for Majid Khan after hearing his account of systematic abuse, including waterboarding and sexual violence, at CIA black sites. As the 2024 election cycle intensifies, a coalition of rights groups has issued an open letter urging the president to treat this year as the final window to dismantle the prison and address the long-standing human rights failures associated with the U.S. detention policy.