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Indefinite detention of suspects in terror cases under US review

WASHINGTON -- Administration officials are preparing long-range plans for indefinitely imprisoning suspected terrorists whom they do not want to set free or turn over to courts in the United States or other countries, according to intelligence, defense, and diplomatic officials.

The Pentagon and the CIA have asked the White House to decide on a more permanent approach for potentially lifetime detentions, including for hundreds of people in military and CIA custody whom the government does not have enough evidence to charge in courts. The outcome of the review, which involves the State Department as well, would also affect those expected to be captured in the course of future counterterrorism operations.

"We've been operating in the moment because that's what has been required," said a senior administration official involved in the discussions, who added that the current detention system has strained relations between the United States and other countries. "Now we can take a breath. We have the ability and need to look at long-term solutions."

One proposal under review is the transfer of large numbers of Afghan, Saudi, and Yemeni detainees from the military's Guantanamo Bay, Cuba, detention center into new US-built prisons in their home countries. The prisons would be operated by those countries, but the State Department, where the idea originated, would ask them to abide by recognized human rights standards and would monitor compliance, the senior administration official said.

As part of a solution, the Defense Department, which holds 500 prisoners at Guantanamo Bay, plans to ask Congress for $25 million to build a 200-bed prison to hold detainees who are unlikely to ever go through a military tribunal because of lack of evidence, according to defense officials. The new prison, dubbed Camp 6, would allow inmates more comfort and freedom than they have now and would be designed for prisoners the government believes have no more intelligence to share, the officials said. It would be modeled on a US prison and would allow socializing among inmates.

"Since global war on terror is a long-term effort it makes sense for us to be looking at solutions for long-term problems," said Bryan Whitman, a Pentagon spokesman. "This has been evolutionary, but we are at a point in time where we have to say, 'How do you deal with them in the long term?' "

The administration considers its toughest detention problem to involve the prisoners held by the CIA. The CIA has been scurrying since Sept. 11, 2001, to find secure locations abroad where it could detain and interrogate captives without risk of discovery, and without having to give them access to legal proceedings.

Little is known about the CIA's captives -- the conditions under which they are kept or the procedures used to decide how long they are held or when they may be freed. That has prompted criticism from human rights groups, and from some in Congress and the administration, who say the lack of scrutiny or oversight creates an unacceptable risk of abuse.

Representative Jane Harman, Democrat of California and vice chairwoman of the House Intelligence Committee who has received classified briefings on the CIA's detainees and interrogation methods, said that given the long-term nature of the detention situation, "I think there should be a public debate about whether the entire system should be secret.

"The details about the system may need to remain secret," Harman said. At the least, she said, each detainee should be registered so that their treatment can be tracked and monitored within the government. "This is complicated. We don't want to set up a bureaucracy that ends up making it impossible to protect sources and informants who operate within the groups we want to penetrate."

The CIA is thought to be holding fewer than three dozen Al Qaeda leaders in prison. The agency holds most, if not all, of the top captured Al Qaeda leaders, including Khalid Shaikh Mohammed, Ramzi Binalshibh, Abu Zubaydah, and the lead Southeast Asia terrorist, Nurjaman Riduan Isamuddin, known as Hambali.

CIA detention facilities have been located on an off-limits corner of Bagram Air Base in Afghanistan, on ships at sea, and on Britain's Diego Garcia island in the Indian Ocean. The Washington Post reported earlier last month that the CIA has also maintained its own facility within the Pentagon's Guantanamo Bay complex, although it is unclear whether it is still in use.

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