Nils Melzer, UN Special Rapporteur on Torture, Accuses US of Still Using Torture at Guantánamo, Asks to Visit and Meet Prisoners Unsupervised

An undated photo of anti-torture (and anti-Guantanamo) protestors in New York City.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Last week, following Human Rights Day (on December 10), and the third anniversary of the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 torture program (on December 9), the UN Special Rapporteur on torture, Nils Melzer, “appealed to the United States to end a pervasive policy of impunity for crimes of torture committed by US officials,” as a UN press release, issued on December 13, stated.

In a statement, Mr. Melzer, who was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in November 2016, after previously working for the International Committee of the Red Cross and the Swiss government, made reference to the Senate torture report, noting how it “publicly acknowledged the systematic use of torture in US custody,” and stating, “To this day, however, the perpetrators and policymakers responsible for years of gruesome abuse have not been brought to justice, and the victims have received no compensation or rehabilitation.”

He added, “By failing to prosecute the crime of torture in CIA custody, the US is in clear violation of the Convention against Torture and is sending a dangerous message of complacency and impunity to officials in the US and around the world.” Read the rest of this entry »

Parliament and the People: Two Days of London Events About Guantánamo, Torture and the Military Commissions

Sam Raphael, Alka Pradhan, Andy Worthington and Carla Ferstman at an event about Guantanamo, torture and the military commissions at the University of Westminster on November 2, 2016 (photo via Gitmo Watch).

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So last week was an interesting week for events focused on Guantánamo, torture and the military commissions in London, as Alka Pradhan, a lawyer with the defense team for Ammar al-Baluchi (aka Ali Abd al-Aziz Ali), a “high-value detainee,” and one of five men facing a trial for his alleged involvement in the 9/11 attacks, was in town, and as a result MPs who, for the most part, had been involved in the campaign to free Shaker Aamer, the last British resident in Guantánamo, had arranged a Parliamentary meeting.

The meeting was also called to coincide with a visit from Andrew Tyrie MP (Conservative, Chichester), the chair of the long-standing All-Party Parliamentary Group on Extraordinary Rendition, and the election of officers for a new APPG on Guantánamo. It was chaired by Tom Brake MP (Liberal Democrat, Carshalton and Wallington), who held a Parliamentary meeting earlier this year for Mohamedou Ould Slahi, the torture victim and best-selling author who was recently released from Guantánamo, and attended by MPs including Chris Law (SNP, Dundee West), who will be the chair of the new APPG, and Andy Slaughter (Labour, Hammersmith), who, in 2014, visited Washington, D.C. to call for Shaker Aamer’s release with the Conservative MPs David Davis and Andrew Mitchell, and Jeremy Corbyn, before he became the leader of the Labour Party. Caroline Lucas (Green, Brighton Pavilion) and Mark Durkan (SDLP) were unable to make it to the meeting, but will also be involved in the APPG.

At the meeting, Alka briefed MPs on the story of her client, which I recently wrote about for Al-Jazeera, as he sought to persuade the US government to allow the UN Rapporteur for Torture to make an independent visit to Guantánamo to assess the conditions in which they are held, and to talk freely with them about their torture in CIA “black sites.” Unsurprisingly, no independent visit has been allowed, because the US government is determined to continue hiding evidence of the CIA’s torture program, despite the publication, nearly two years ago, of the executive summary of the Senate Intelligence Committee’s report into the CIA’s torture program, with its damning verdict on the brutality and futility of the program, and the CIA’s repeated lies about it. Read the rest of this entry »

The Messed-Up Trial of the Century: Lawdragon’s Exhaustive Report on the 9/11 Pre-Trial Hearings at Guantánamo

The co-defendants in the painfully slow-moving and contentious 9/11 trial at Guantanamo. From top to bottom: Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abd al-Aziz Ali (aka Ammar al-Baluchi) and Walid bin Attash.The military commissions at Guantánamo, as I have been reporting for ten years, are a shamefully deficient excuse for justice, a system dreamt up in the heat of America’s post-9/11 sorrow, when hysteria and vengeance trumped common sense and a respect for the law, and it was decided, by senior Bush administration officials and their lawyers, that prisoners seized in the “war on terror” and subjected to torture should be tried in a system that allowed the use of information derived through the use of torture, and swiftly found guilty and executed.

Military prosecutors, however, soon turned against the system and pointedly resigned, and in 2006 the Supreme Court ruled the whole system illegal. Nevertheless, the Bush administration, with the enthusiastic support of Congress, revived the commissions in the fall of 2006, followed by further resignations (see here and here), and a third version of the commissions ill-advisedly emerged under President Obama in his first year in office (see here and here). The commissions have been tweaked to be less unjust, but they are still a Frankenstein’s Monster facsimile of a working trial system, full of so many holes that it is difficult for them to function at all, and at their heart is the specter of torture, which the government endlessly tries to hide, while the prisoners’ defence teams, of course, try constantly to expose it, as no fair trial can take place without it being discussed.

In recent years, my coverage of the commissions has been less thorough than it was between 2007 and the summer of 2014, largely because it seemed to me that the commissions were so broken and were going round and round in circles so pointlessly that it was no longer even worth trying to follow what was — or, more often, what wasn’t — happening. In one way, this was a fair reflection of the futility of the commissions’ efforts to secure anything resembling justice, but the more fundamental reality was that, however broken the proceedings may have been, pre-trial hearings were still taking place, however little they were being reported, which, one day, would constitute a damning indictment of America’s post-9/11 flight from justice and the law, and its embrace of torture and indefinite imprisonment without charge or trial. As a result, the commissions really ought not to be allowed to drop off the radar. Read the rest of this entry »

Please Read My New Article for Al-Jazeera, About How Torture Victims in Guantánamo Should Be Allowed a Visit by UN Rapporteur Juan Méndez

Ali Abd al-Aziz Ali (aka Ammar al-Baluchi), photographed in Guantanamo by representatives of the International Committee of the red Cross, in a photo made available to his family and later released to the public.Yesterday, I was delighted that Al-Jazeera published my op-ed, “Guantánamo torture victims should be allowed UN visit,” the first op-ed I’ve written for Al-Jazeera for over a year a a half. You can check out my archive of Al-Jazeera articles here.

The op-ed came about as a result of my recently renewed focus on the military commissions at Guantánamo, a broken system that is incapable of delivering justice to the ten men still held who are facing — or have faced — military commission trials. For more, see my recent articles, Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan, and also my recent update of The Full List of Prisoners Charged in the Military Commissions at Guantánamo.

61 men are still held at Guantánamo, and while 20 have been approved for release, and will hopefully be freed soon, and 23 others continue to be held without charge or trial, those men are, at least, subject to periodic reviews of their cases, whereas those facing trials are caught in a system that is proceeding with such glacial slowness that it is uncertain if a date for their trials can be set with any kind of certainty, and this, of course, is a profound failure of justice considering that they have been in US custody for up to 14 years. Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

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In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

Video: RT America’s One-Hour Special on Guantánamo Featuring Andy Worthington, Joe Hickman, Nancy Hollander and Tom Wilner

Gitmo 2016: a screen shot from RT America's one-hour special on Guantanamo in June 2016.Last week, I was delighted to take part in an hour-long Guantánamo special on RT America, presented by Simone del Rosario, who had recently visited the prison. Simone began by noting that it was the tenth anniversary of three deaths at Guantánamo — 22-year old Yasser Talal al-Zahrani, a Saudi, who was just 17 years old when he was seized in Afghanistan at the end of 2001, 37-year old Salah Ahmed al-Salami (aka Ali al-Salami), a Yemeni, and 30-year old Mani Shaman al-Utaybi, another Saudi.

The deaths were described by the authorities as a triple suicide, but there have always been doubts about that being feasible — doubts that were particularly highlighted in 2010, when the law professor and journalist Scott Horton wrote an alternative account for Harper’s Magazine, “The Guantánamo Suicides,” that drew in particular on a compelling counter-narrative presented by Staff Sgt. Joseph Hickman, who had been in the prison at the time of the men’s deaths, monitoring activities from the guard towers. Hickman’s book Murder in Camp Delta was published in January 2015, and he was also a contributor to RT America’s show.

After this opening, the show dealt in detail with the case of Mohamedou Ould Slahi, Mauritanian national, torture victim and best-selling author (of Guantánamo Diary). Slahi is one of the prisoners still held who were designated for prosecution by the Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009, until the basis for prosecutions largely collapsed after a number of critical appeals court rulings and he was, instead, put forward for a Periodic Review Board, the latest review process, which began at the end of 2013. Slahi’s PRB took place on June 2, and, in discussing his case, Simone del Rosario also spoke to one of his attorneys, Nancy Hollander. Read the rest of this entry »

The 9/11 Trial at Guantánamo: The Dark Farce Continues

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

In two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.

Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”

Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »

Torture: The Elephant in the Room at Guantánamo’s Military Commissions

For seven and a half years now, I have watched as the United States has tried and failed to make its trial system at Guantánamo — the military commissions — function in a way that has any kind of legitimacy.

That, however, is impossible, because the trials involve made-up war crimes, invented by Congress, and, as we see on a regular basis when pre-trial hearings are held in the cases of Khalid Sheikh Mohammed (KSM) and four other men accused of involvement in the 9/11 attacks, because there is an unresolvable tension at the heart of the most serious trials — those involving the “high-value detainees,” like KSM and his co-defendants, and also Abd al-Rahim al-Nashiri, another “high-value detainee” charged with involvement in the bombing of the USS Cole in 2000, all of whom were held — and tortured — in secret “black sites” run by the CIA in countries including Thailand and Poland.

This tension was highlighted in “You Can’t Gag Somebody and Then Want to Kill Them,” an article for the Huffington Post last week by Katherine Hawkins, a researcher and lawyer who recently worked as the Investigator for the Constitution Project’s Task Force on Detainee Treatment, whose powerful report I discussed here. Read the rest of this entry »

The 9/11 Trial: Torturing Justice

The last time the US government wheeled out Khalid Sheikh Mohammed and the four other men accused of initiating and being involved in the terrorist attacks on September 11, 2001 was in May this year, and, as is usual, the mainstream media turned out in force. That occasion was the formal arraignment of the men, and it was tempestuous, as the defendants largely refused to cooperate. This week, as pre-trial hearings resumed, the mainstream media also returned in force, for proceedings that largely focused on issues of secrecy and transparency.

The rest of the time, sadly, most of the mainstream media doesn’t care much about Guantánamo, even though the prison remains a national disgrace, a place where, beyond the handful of men accused of genuine involvement with terrorism, over half of the remaining 166 prisoners have been cleared for release but are still held, and 46 others are regarded as too dangerous to release, even though insufficient evidence exists to put them on trial.

In other contexts, this would mean that the so-called evidence is actually hearsay, or innuendo — and in fact even the most cursory investigation by serious reporters would reveal that most of what passes for evidence consists of dubious statements made by the prisoners about themselves and their fellow prisoners as a result of torture, other forms of abuse, and bribery. Read the rest of this entry »

Chaos at Guantánamo as the 9/11 Trial Begins

On Saturday, the eyes of the world were on Guantánamo, as Khalid Sheikh Mohammed and four other men accused of planning and facilitating the terrorist attacks of September 11, 2001 — Ramzi bin al-Shibh, Ali Abd al-Aziz Ali, Mustafa Ahmed al-Hawsawi and Walid bin Attash — appeared in a courtroom for the first time since December 2008. All were dressed in white, apparently at the insistence of the authorities at Guantánamo, and most observers made a point of noting that Mohammed’s long gray beard was streaked red with henna.

For the Obama administration and the Pentagon, the five men’s appearance — for their arraignment prior to their planned trial by military commission — was supposed to show that the commissions are a competent and legitimate alternative to the federal court trial that the Obama administration announced for the men in November 2009, but then abandoned after caving in to pressure from Republicans. The five defendants face 2,976 counts of murder — one for each of the victims of the 9/11 attacks — as well as charges of terrorism, hijacking, conspiracy and destruction of property, and the prosecution is seeking the death penalty.

Unfortunately for the administration, the omens were not good. The military commissions have been condemned as an inadequate trial system ever since the Bush administration first resurrected them in November 2001, intending, in the heat of post-9/11 vengeance, to use them to swiftly try and execute those it regarded as terrorists. However, after long delays and chaotic hearings, this first reincarnation of the commissions was struck down as illegal by the Supreme Court in June 2006. The commissions were then revived by Congress a few months later, and were then tweaked and revived by President Obama in the summer of 2009, despite criticism from legal experts. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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