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The Honolulu Advertiser
Posted on: Wednesday, November 28, 2001

The September 11th attack
Guam possible site for military tribunal

By Dan Nakaso and Susan Roth
Advertiser Staff Writers

U.S. territories in the Pacific could be the site of a detention center for prisoners from the Afghan war and the possible focus of a military tribunal for suspected terrorists in the al-Qaida network.

"It could be Johnston Island, it could be Midway, it could be Wake Island, it could be Kwajalein," said Bill Phillips, special assistant to Guam Gov. Carl T. C. Gutierrez. "At this point, all we've been advised is that Guam is on the list for housing or imprisoning the suspected terrorists and could be the site of a military tribunal."

But Guam Delegate Robert Underwood yesterday said he believes that U.S. territories would be less favorable sites than foreign countries because all American legal protections would apply in the territories.

The United States does not yet hold any prisoners in the Afghanistan conflict. Taliban and al-Qaida fighters who have surrendered are in custody of Northern Alliance and other tribal warlords.

Underwood said he did not know when decisions about housing prisoners and conducting military trials would be made.

"They want an area that is not so encumbered with questions about civil authority," he said. "If you conduct a military tribunal in a foreign country, you don't have to be so much concerned with the habeas corpus and all of the legal protections you would normally have in a civil court."

Pacific region military officials have said they are "conducting planning for a number of contingencies in support of Operation Enduring Freedom and the global war on terrorism." Underwood said it was not surprising that Guam would come up in the process.

"They're exploring all the options. They put out a call to all commands," he said, noting that Guam, some 3,800 miles from Hawai'i, is not necessarily a stronger candidate than any other place. "When they round up all the usual suspects, Guam is a suspect because of the imagery — it is seen as a military base."

Military officials on Guam would not discuss their plans and referred inquiries to Lt. Col. Stephen Barger at the military's Pacific Command at Camp Smith on O'ahu.

"We're not going to discuss potential operations or potential movement of detainees to the Pacific Command's AOR (area of responsibility)," Barger said. "Here at the Pacific Command, we're looking at a number of courses of action for future operations. But we're not specifically addressing the relocation of detainees."

The Department of the Interior shares responsibility with the military for many of the U.S. territories in the Pacific. But a department spokesman in Washington, D.C., said he was unaware of any plans or preparations to detain prisoners from the Afghan war.

Researchers with the National Oceanic and Atmospheric Administration who have worked on some of the smaller islands said their isolation and relative lack of civilians would make them good places for security. But many of them, like Wake Island, about 2,300 miles from Hawai'i, lack proper buildings to hold prisoners, they said.

Underwood said an Air Force commander in Guam told him yesterday that there has been no activity on Wake Island to prepare for prisoners or trials but he also said no final decision had been made.

Phillips agreed that "of the American Pacific Territories, Guam is by far the most developed."

Vietnamese refugees found temporary homes throughout Guam at the end of the Vietnam War. In 1996, some 2,500 Iraqi Kurds who had ties to U.S. aid programs were airlifted to Andersen Air Force Base in Yigo, on the northern end of Guam. They were assisted by about 200 soldiers from the 25th Infantry Division at Schofield Barracks.

But the possibility that Guam, a U.S. territory, could temporarily hold accused terrorists has divided its people. Some of the 150,000 residents, such as Gov. Gutierrez, believe they should support the U.S. government in any way, Phillips said.

Others worry that housing suspected terrorists will damage Guam's reputation as a prime Japanese vacation spot at a time when tourism — the island's major industry — fell 49 percent overall in September.

Japanese tourism alone dropped off by 56 percent, a direct result of the U.S. military assault on Afghanistan following the Sept. 11 terrorist attacks, according to a Guam government report.

Before Sept. 11, Guam typically saw more than 1 million tourists per year.

If they decide to send military prisoners to Guam, U.S. officials "would probably notify the governor out of courtesy," Phillips said. "But we really don't know what happens on the bases all of the time."

Underwood said that in all his conversations with military officials, he has discussed Guam's fears that its use to harbor suspected terrorists could severely damage the already suffering tourism industry and the island's economy as a whole.

"People here in Washington ought to know about these concerns, and it's something they ought to consider when making their decisions," he said. "But if the secretary of defense asks Guam to play this role, people will support it, so that's not an issue."

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com or 525-8085.