Guantanamo is one of the key policy and national security headache for the president, because he came into office pledged to close the prison within a year, a deadline that came and went without ever setting a new one.
Obama made the change with clear reluctance, bowing to reality, the fierce resistance of Congress to try detainees at the U.S. leaves them with nowhere to go. The President stressed that the preference for trials in federal civilian courts, and his administration accused congressional intervention to close that Avenue.
"I firmly believe that the American system of justice is a key element in our arsenal in the war against al-Qaeda and its affiliates, and we will continue to use all aspects of our judicial system - including the (federal) courts - to ensure that our security and our values are stronger, "Obama said in a statement.
This decision by such a process had been expected for some time and has been criticized by human rights groups. Tom Parker, Policy Director at Amnesty International, condemned the new procedure for restoring a lot of Obama's discredited system of commission, which will rely on periodic surveys similar to what was done during the Bush administration.
Reviews, he said, "do not meet the offering detainees to mount a strong defense and to challenge the government's position with regard to their detention."
Gates' order also does little to solve the dilemma associated with many Yemeni prisoners who for years have been cleared for release. Their country is a hotbed of terrorism, and the U.S. does not trust the government to monitor ex-prisoners. The order allows the U.S. to hold these people indefinitely, as long as the security situation improves in Yemen or the United States can be found elsewhere, to move them.
The administration also announced support for additional international agreements on humane treatment of detainees. The White House said he would like to emphasize to the world about its commitment to fair treatment and will help protect against mistreatment of American troops, they should be captured.
Congress hardened its opposition is trying to detainees on U.S. territory by including language in the legislation signed by Obama in January, which will block the Ministry of Defence to spend the money transfer of Guantanamo detainees to the U.S. for trial. The legislation also create new rules to move the detainees elsewhere, and as a result of Gates told lawmakers that it was very difficult for the government to release the detainees to other countries, because he now has to prove they pose no danger. Officials said that about a quarter of those released so far back into the fray.
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