U.S. War Prisons Legal Vacuum for 14,000

A detainee in an outdoor solitary confinement cell talks with a military policeman at the Abu Ghraib prison on the outskirts of Baghdad, Iraq in this June 22, 2004 file photo. When the Americans formally turned over Abu Ghraib prison to Iraqi control on Sept. 2,2006 it was empty but its 3,000 prisoners remained in U.S. custody, shifted to Camp Cropper. (AP Photo/John Moore, File) (John Moore - AP)

Whatever the progress, small or significant, grim realities persist.

Human rights groups count dozens of detainee deaths for which no one has been punished or that were never explained. The secret prisons _ unknown in number and location _ remain available for future detainees. The new manual banning torture doesn't cover CIA interrogators. And thousands of people still languish in a limbo, deprived of one of common law's oldest rights, habeas corpus, the right to know why you are imprisoned.

"If you, God forbid, are an innocent Afghan who gets sold down the river by some warlord rival, you can end up at Bagram and you have absolutely no way of clearing your name," said John Sifton of Human Rights Watch in New York. "You can't have a lawyer present evidence, or do anything organized to get yourself out of there."

The U.S. government has contended it can hold detainees until the "war on terror" ends _ as it determines.

"I don't think we've gotten to the question of how long," said retired admiral John D. Hutson, former top lawyer for the U.S. Navy. "When we get up to 'forever,' I think it will be tested" in court, he said.

The Navy is planning long-term at Guantanamo. This fall it expects to open a new, $30-million maximum-security wing at its prison complex there, a concrete-and-steel structure replacing more temporary camps.

In Iraq, Army jailers are a step ahead. Last month they opened a $60-million, state-of-the-art detention center at Camp Cropper, near Baghdad's airport. The Army oversees about 13,000 prisoners in Iraq at Cropper, Camp Bucca in the southern desert, and Fort Suse in the Kurdish north.

Neither prisoners of war nor criminal defendants, they are just "security detainees" held "for imperative reasons of security," spokesman Curry said, using language from an annex to a U.N. Security Council resolution authorizing the U.S. presence here.

Questions of Law, Sovereignty

President Bush laid out the U.S. position in a speech Sept. 6.

"These are enemy combatants who are waging war on our nation," he said. "We have a right under the laws of war, and we have an obligation to the American people, to detain these enemies and stop them from rejoining the battle."

But others say there's no need to hold these thousands outside of the rules for prisoners of war established by the Geneva Conventions.