11.12.08
Gitmo and “The Response”
In our previous show we reflected on several of the movies showcased at this year’s Virginia Film Festival. In today’s show, we will examine “The Response,” a short film about the Guantanamo Bay War Tribunals and the plight of Guantanamo detainees by Sig Libowitz, screened at this year’s Virginia Film Festival.
During the course of the seven years since 9-11, the United States and its elected representatives have made calculated moves to deal with the declared “War on Terror.” Because of the nature of this global war, which is based more in backrooms around the world than on battlefields, it has become increasingly difficult to have concrete ideas about whom and where we are, or should be fighting.
Because of the clandestine nature of the war, the measures to combat it have also taken a more covert form, including… Abu Ghraib… and more recently, Guantanamo Bay. These Prisoner Detentions Camps were set up in an effort to isolate suspected enemy combatants from battle regions and interrogate them so that the war in the Gulf, and on Terror could be mitigated.
In the movie, “The Response,” writer, Sig Libowitz, utilizes transcripts from Combatant Status Review Tribunals, or CSRT’s, to dramatically explore the events that lead up to and occur, during these trials.
The setting for the movie is a CSRT in Guantanamo, and examines the interactions between a detainee played by Aasif Mandvi, and his inquisitors as portayed by Kate Mulgrew, Peter Reigert and Libowitz, who plays a “King Solomon - like” character who ends up interpreting the limited protection of rights for the accused combatant, while shielding the world from a potential terrorist.
The movie is delivered in two acts. First, we are introduced to the shortened trial process, in which a detainee is brought before the tribunal and asked a series of questions about his knowledge, or lack thereof, concerning their connection to terrorists and terror activity. Libowitz characterized the experience for the detainee as a “… few minutes in front of a war tribunal…this is him defending his life.”
The process presented is antithetical to what we as American citizens expect as our basic rights in a court of law. Elements important and implicit in our court system that are not available to a detainee include: the right to counsel by a competent attorney - they are given a military advisor who is not an actual attorney; to know the identity of their accusers, which are only known by the tribunal officers, and what the charges are against them.
Finally, and potentially most important is the “writ of habeas corpus,” which states that the accused may demand a determination of the right to be held by their accuser. This element is one of the most important parts of the US justice system, and yet was not available to these detainees, who could have been held indefinitely, until a Supreme Court ruling on June 12, 2008.
After the testimony period the movie shifts to the second act, the deliberations of the tribunal judges. It is during this period that most of the moral arguments for and against the policies and ramifications of Guantanamo are explored. Col Jefferson (Peter Reigert) makes the telling comment, “Why don’t we measure our behavior against who we say we are and tell ourselves we are as a country.” To which Col. Simms (Kate Mulgrew) responds, “That’s a little simplistic after 9-11…” The detainees fate is then left in the hands of Capt. Miller (Libowitz).
(See clip of “The Response” here)
This even handed look at the Guantanamo Tribunals was lauded by two Special Forces soldiers who came to a recent Baltimore screening. They were so impressed with how the material was presented, both gentlemen expressed their thanks in a unique way. Libowitz read from one of the letters which said, “Thank you and the film for highlighting the real nexus confronting us today. The discipline in presenting a balanced treatment is most patriotic. The enclosed stone is from the World Trade Center, Tower Number 2. The razor wire is from Gitmo. They are presented to you and the film on behalf of the soldiers that are in this nexus with you.”
It will be interesting to see how this story unfolds. Just yesterday, president-Elect Obama stated that he planned on bringing charges against these detainees in US courts. This plan is speculated to require creation of a new legal system because of the classified information in the most sensitive cases.
To learn more about the movie,“The Response” please visit www.theresponsemovie.com.
You’ve been listening to the Oscar Show, I’m Jacob Canon. Join us next week when we will discuss the work of UVa Professor Paul Halliday, and his research of Habeas Corpus, the only specific right enshrined in the US constitution.