Subject: Re: New on Guantanamo
Date: May 12, 2005 @ 07:50
Author: aletheiak ("aletheiak" <aletheiak@...>)
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--- In BoundaryPoint@yahoogroups.com, "aletheiak" <aletheiak@y...> wrote:
> ahh but youve got some fine old wines in new bottles there matey
> & one piece of news
>
> indeed in terms of eating your cake & having it too
> guantanamo now seems almost a mate for serranilla & bajo nuevo
> hahaha
> or at least until we hear from bush on them
>
> but i also have to wonder how they figure they are actually coaling all those prisoners
> there
> hahahahaha
> must be like when santa leaves coals in the stockings of the children whove been bad
> hahahahahaha
> or how the navy of all people managed to catch all those buggers in afghanistan
> hahahaha
>
> but seriously why do you suppose they only claim 3nm when 12nm is normal
>
> --- In BoundaryPoint@yahoogroups.com, "L. A. Nadybal" <lnadybal@c...> wrote:
> > The U.S. Navy Public Affairs Office there has a website.
> >
> > A couple of items were new and of interest (at least to me): 1) the
> > US had two leased territories in Cuba and (2), the U.S. considers that
> > while it occupies the bay, Cuban sovereignty has ceased and that it is
> > U.S. territory" subservient to U.S. legislation. That goes against
> > the contentions of the Department of Defense which holds Al Kaida
> > prisoners without access to U.S. justice because it isn't "US
> > territory". The government is trying to have it both ways.
> >
> > Quotes below:
> >
> > "The first lease agreement... was signed by President Estrada Palma on
> > 16 February 1903, and by President Theodore Roosevelt on 23 February
> > 1903. By this instrument Cuba leased to the United States certain
> > areas of land and water in Guantanamo and Bahia Honda for the purpose
> > of "coaling and naval stations". (Bahia Honda was abandoned after nine
> > years of occupation). Concerning Guantanamo, the agreement describes
> > the leased "areas of land and water" as follows:
> >
> > "In Guantanamo (see Hydrographic Office Chart 1857), from a point on
> > the South Coast, 4.37 miles to the eastward of Windward Point Light
> > House, a line running north (true) a distance of 4.25 nautical miles;
> > from the northern extremity of this line, a line running west (true),
> > a distance of 5.87 nautical miles; from the western extremity of this
> > last line, a line running south-west (true), 3.31 nautical miles; from
> > the southwestern extremity of this last line, a line running south
> > (true) to the seacoast".
> >
> > The land area above described comprises 19,621 acres, 11,058 on the
> > windward side, and 8,563 on the leeward. The water areas, consisting
> > principally of Guantanamo Bay from the mouth of the harbor
> > (theoretical line joining Leeward and Windward Points) to the northern
> > boundary line, comprise 9,196 acres. The total naval reservation
> > contains 28,817 acres or about 45 square miles of land and water. (The
> > foregoing figures are based on the original survey).
> >
> > Furthermore, the agreement granted the United States the right to use
> > and occupy the waters adjacent to the above described areas of land
> > and water. "Adjacent waters" are interpreted to mean the water leading
> > up to the harbor entrance and the water along the seacoast out to the
> > three mile limit. The United States has the right to improve and
> > deepen the entrances to the leased areas of land and water, and to
> > improve and deepen the anchorages therein, and generally to do. any
> > and all things to fit the premises as a coaling and naval station, and
> > for no other purpose.
> >
> > Over the leased areas of land and water, comprising the Naval
> > reservation, Cuba consented that during the period of occupation, the
> > United States would exercise "complete jurisdiction and control over
> > and within said areas", including the right to acquire for the public
> > purposes of the United States any land or property therein by purchase
> > or by right of eminent domain with full compensation to the owners
> > thereof. On the other hand, the United States recognized "the
> > continuance of the ultimate sovereignty of Cuba over and above the
> > leased areas". "Ultimate", meaning final or eventual, is a key word
> > here. It is interpreted that Cuban sovereignty is interrupted during
> > the period of our occupancy, since we exercise complete jurisdiction
> > and control, but in case occupation were terminated, the area would
> > revert to the ultimate sovereignty of Cuba.
> >
> > Restrictions
> >
> > The only restrictions placed by this document on the United States are:
> >
> > (a) The area must be used only for a coaling and naval station
> > ("station" here used in the broad sense of the word.)
> >
> > (b) Vessels engaged in Cuban trade shall have free passage through the
> > waters included in the grant.
> >
> > Pursuant to the agreement of February 1903, the Naval reservation was
> > surveyed and marked out by a joint United States-Cuban Board
> > (Commission). The first meeting of this body took place on board the
> > USS Olympia anchored in Guantanamo Bay on 27 May 1903, and the general
> > plans of the operations were agreed upon. On the next day the work of
> > survey and marking out of the Naval Station was begun, and was
> > continued without interruption on working days until its termination
> > on 8 July 1903.
> >
> > In the years since this survey there has been occasional
> > misunderstanding of what constitutes the water areas of the Naval
> > Reservation. There was no misunderstanding in the minds of the joint
> > United States-Cuban body which made the above survey. Their thinking
> > was crystal-clear. The last part of their report, which must be
> > considered ancillary to the original lease agreement, is quoted in
> > evidence on this point:
> >
> > "G-Area of the Naval Station
> > The area of water and land, obtained analytically, included within the
> > limits of the Naval Station, closing the perimeter across the entrance
> > to the harbor by a line joining Leeward and Windward Points, was found
> > to be 11661.9832 hectares, equal to 28817.360 acres.
> >
> > "To determine the proportion of land and water in the area, it would
> > be necessary to survey the interior coast lines of the bay and the
> > Guantanamo River, a work which on account of its nature and extent,
> > would have required about three months to do.
> >
> > Surveying the land
> >
> > "Considering that in the year 1899, the officers of the gunboat Eagle
> > of the United States Navy were several months on the ground doing
> > precisely this work, together with soundings of the bay, and that the
> > accuracy of their work was well checked by the present survey, the
> > notes and original plans of work were asked for and received from
> > Washington. With these data, the interior coast lines of the
> > accompanying plan were plotted, using the same scale, 1 to 10,000, of
> > the original plans. By planimeter measurements the following result
> > was obtained.
> >
> > "Area of Land
> > Seven thousand nine hundred forty and 2832/10,000 hectares equals
> > Nineteen thousand six hundred twenty and 848/1000 acres.
> >
> > "Area of Water of Public Domain
> > Three thousand seven hundred twenty-one and 7000/10,000 hectares equal
> > Nine thousand one hundred ninety-six and 512/1000 acres.
> >
> > "Total Area of the Naval Station
> > Eleven thousand six hundred and sixty-one and 9832/10,000 hectares
> > equals twenty-eight thousand eight hundred seventeen and 360/1000 acres".
> >
> > The above report was signed for Cuba by José Primelles, Director
> > General of Public Works, President of Cuban Commission, and by
> > Augustine Gordillo, Engineer in Charge; and for the United States, by
> > Captain H. W. Lyon, Senior Member of the U. S. Board, and by LCDR
> > Warren McLean and LT H. K. Benham, all of the U.S. Navy. The place and
> > date of signature was on board the "U. S. Flagship Olympia" in
> > Guantanamo Bay, 8 July 1903.
> >
> > Supplementary Agreement
> >
> > In the meantime, a supplementary agreement concerning the Naval
> > reservation had been reached between the United States and Cuba. This
> > agreement which was signed at Havana on 2 July 1903, and approved by
> > President Theodore Roosevelt on 2 October 1903, is appended for
> > reference. The salient points of this agreement are as follows:
> >
> > (a) The United States contracted to pay Cuba the annual sum of two
> > thousand dollars in gold.
> >
> > (b) All private lands or other real property were to be acquired by
> > Cuba with funds to be provided by the United States, such funds to be
> > accepted as advance payment on the annual rental of $2000. (This
> > clause was obviously for the purpose of acquiring land and property
> > from property owners in order that Cuba could lease the area with no
> > private encumbrances).
> >
> > (c) The areas were to be surveyed and the boundaries distinctly marked
> > by permanent fences or enclosures-the United States to bear the
> > expense of construction and maintenance of such fences or enclosures.
> >
> > (d) The Unites States agreed that no person, partnership, or
> > corporation would be permitted to establish a commercial, industrial,
> > or other enterprise within the reservation.
> >
> > (e) It was agreed that fugitives from justice charged with crimes and
> > misdemeanors amenable to Cuban law, taking refuge in the reservation,
> > should be delivered to Cuban authorities, on demand; and likewise that
> > fugitives from justice charged with crimes or misdemeanors amenable to
> > United States law, committed within the reservation, taking refuge in
> > Cuban territory, should be delivered on demand.
> >
> > (f) It was agreed that materials of all kinds, merchandise, stores,
> > and munitions of war imported into the reservation, for exclusive use
> > and consumption therein, should not be subject to payment of customs
> > duties nor any other fees or charges, and the vessels which might
> > carry the same would not be subject to payment of port, tonnage,
> > anchorage, or other fees. This in effect, made Guantanamo Bay a
> > "duty-free port". It was further agreed, however, that such materials,
> > merchandise, stores, and munitions of war should not be transported
> > from the reservation into Cuban territory.
> >
> > (g) The United States agreed, except in case of war, to place no
> > obstacle in the way of vessels entering or departing from Guantanamo
> > Bay en route to or from Cuban ports (e.g., Caimanera); such vessels
> > within the limits of Cuban territory to be subject exclusively to
> > Cuban laws and authorities.
> >
> > Treaty of 1934
> >
> > In all provisions regarding the Guantanamo area, the original
> > agreement (February 1903) and the supplementary agreement were later
> > confirmed by the Treaty of 1934 between the United States and Cuba,
> > signed at Washington on 29 May 1934. A copy is appended for reference.
> > This treaty has the effect of giving the United States a perpetual
> > lease on this reservation, capable of being voided only by our
> > abandoning the area or by mutual agreement between the two countries.
> > The so-called "Platt Amendment," which gave the United States the
> > right to intervene in Cuba, died with this treaty. Bahia Honda was not
> > mentioned, having long since been abandoned.
> >
> > Thus it is clear that at Guantanamo Bay we have a Naval reservation
> > which, for all practical purposes, is American territory. Under the
> > foregoing agreements, the United States has for approximately fifty
> > years exercised the essential elements of sovereignty over this
> > territory, without actually owning it. Unless we abandon the area or
> > agree to a modification of the terms of our occupancy, we can continue
> > in the present status as long as we like. Persons on the reservation
> > are amenable only to United States legislative enactments. There are a
> > few restrictions on our freedom of action, but they present no serious
> > problem. We may not use the reservation for other than a naval
> > station; we have agreed not to interfere with the passage of vessels
> > engaged in Cuban trade; private enterprise is forbidden on the
> > reservation; and we are obligated to prevent the smuggling of
> > materials and merchandise into Cuban territory.
> >
> > Images of GTMO in 1920sThe prosecution of Cuban Nationals and other
> > aliens who commit crimes and misdemeanors on the reservation presents
> > a subject that should be mentioned. Until the advent of the Uniform
> > Code of Military Justice on 31 May 1951, the United States has had no
> > peacetime legal machinery for trying such offenders. Accordingly, we
> > have habitually requested local Cuban courts to exercise concurrent
> > jurisdiction and handle such cases. Because essential witnesses,
> > usually U. S. military personnel, are oftentimes transferred before
> > offenders are brought to trial, this procedure has its shortcomings.
> > However, it will likely be continued. In a reciprocal manner, U. S.
> > military personnel, charged with offenses in Cuba, are habitually
> > turned over to U. S. jurisdiction for legal action.
> >
> > Closed Port
> >
> > While this chapter is designed to cover the terms of our lease, and
> > what they mean in a legal sense, no outline of the reservation's legal
> > status would be complete and up-to-date without mention of the
> > executive order which made Guantanamo Bay a "closed port". This order,
> > signed by the President on 1 May 1941 and currently found in General
> > Order No. 13, establishes Guantanamo Bay as a "Naval Defensive Sea
> > Area" and a "Naval Air Space Reservation". By its terms no vessel or
> > other craft, other than public vessels of the United States and
> > vessels engaged in Cuban trade, may be navigated into the area, unless
> > similarly authorized, no aircraft, except other than public aircraft
> > of the United States, may be flown into the reservation. In other
> > words, Guantanamo Bay is closed to commercial shipping and aircraft,
> > except vessels engaged in Cuban trade, and also to foreign warships
> > and aircraft. Vessels and aircraft in distress can be the only
> > exceptions to this regulation."