Guantánamo Judge Bans So-Called “Clean Team” Evidence in 9/11 Trial, Then Resigns

Col. James Pohl, the 9/11 trial judge, who has just announced his resignation, and the five Guantanamo prisoners (and former CIA "black site" prisoners) accused of involved in the 9/11 attacks.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 Friday, August 17, a ruling of potentially huge significance took place at Guantánamo in pre-trial hearings for the proposed trial by military commission of the five men accused of involvement in the terrorist attacks of September 11, 2001, who include Khalid Sheikh Mohammed. All five men have been held at Guantánamo since September 2006, and, before that, were held and tortured in CIA “black sites” for up to three and a half years. 

Yesterday, just ten days later, the judge, Army Col. James L. Pohl, 67, who has been the judge on the case since the men were arraigned in May 2012, announced that he will retire on September 30 and named Marine Col. Keith A. Parrella, 44, to replace him. Giving notice of his intention, he stated, “I will leave active duty after 38 years. To be clear, this was my decision and not impacted by any outside influence from any source.”

Astonishingly, it is ten and half years since the US government first filed charges against the five men accused of involvement in the 9/11 attacks in the military commission trial system, which had been ill-advisedly dragged from the history books by Dick Cheney and his lawyer David Addington in November 2001, but had been ruled illegal by the Supreme Court in June 2006, in Hamdan v. Rumsfeld. The commissions were subsequently revived with Congressional backing, but struggled to establish any legitimacy throughout the rest of Bush’s presidency. Read the rest of this entry »

Ex-Guantánamo Prisoner Discusses Prison Artwork with the BBC, While Lawyers for “High-Value Detainee” Demand His Right to Continue Making Art

Untitled (aka Crying eye) by Mohammed al-Ansi, who was released from Guantanamo to Oman in January 2017, just before President Obama left office (Photo: Andy Worthington).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 October, an exhibition opened in the President’s Gallery, in John Jay College of Criminal Justice in New York, that might have attracted little attention had the Pentagon not decided to make a big song and dance about it.

The exhibition, ‘Ode to the Sea: Art from Guantánamo Bay,’ featured artwork by eight former and current Guantánamo prisoners — four freed, and four still held — which was given by the prisoners to their lawyers and their families, and it was not until November that the Pentagon got upset, apparently because the promotional material for the exhibition provided an email address for anyone “interested in purchasing art from these artists.” The obvious conclusion should have been that “these artists” meant the released prisoners, who should be free to do what they want with their own artwork, but the Pentagon didn’t see it that way.

On November 15, as I explained in my first article about the controversy, a spokesman, Air Force Maj. Ben Sakrisson, said that “all Guantánamo detainee art is ‘property of the US government’ and ‘questions remain on where the money for the sales was going,’” while, at the prison itself, Navy Cmdr. Anne Leanos said in a statement that “transfers of detainee made artwork have been suspended pending a policy review.” Read the rest of this entry »

A Devastating Condemnation of Guantánamo’s Military Commissions by Palestinian-American Journalist P. Leila Barghouty

An illustration by Hokyoung Kim for The Outline showing defense lawyers for Ammar al-Baluchi arriving at the home of Guantanamo's military commissions.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.

Six years and three months since Tom Wilner and I launched the Close Guantánamo campaign, we are becalmed in horribly unjust waters, with Donald Trump resolute that no one should leave the prison under any circumstances, and, as a result, 41 men held in what must appear to be a never-ending limbo, even though five of them were approved for release by high-level government review processes under President Obama, and another man, Ahmed al-Darbi, continues to be held despite being promised his release — to be re-imprisoned in Saudi Arabia — four years ago in a plea deal in his military commission trial.

Twenty-six other men are held indefinitely — and lawyers for some of them submitted a habeas corpus petition on their behalf on January 11, the 16th anniversary of the opening of the prison, on the basis that, as the New York-based Center for Constitutional Rights explained, “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

The other men still held — nine in total — have been through the military commission process, or are facing trials, and this latter category of Guantánamo prisoner came under the spotlight recently in an article written for a new website, The Outline, by P. Leila Barghouty, a journalist and filmmaker based in New York City, whose work has appeared on Al Arabiya, National Geographic, Slate, CNN, Vice News and Netflix. Read the rest of this entry »

UN Working Group on Arbitrary Detention Condemns US Treatment of Ammar Al-Baluchi at Guantánamo, Says All Prisoners Arbitrarily Detained

Guantanamo prisoner Ammar al-Baluchi photographed at Guantanamo, and the logo of the United Nations.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 (as “U.N. Working Group on Arbitrary Detention Condemns U.S. Treatment of ‘High-Value Detainee’ Ammar Al-Baluchi at Guantánamo”) 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.

In a strongly-worded press release, the United Nations Working Group on Arbitrary Detention declared on Sunday evening their finding that “detention conditions at Guantánamo [and the] military commission procedures violate international law.”

The Working Group, which consists of “international legal experts mandated to investigate arbitrary deprivations of liberty,” issued its press release following the release last month of Opinion 89/2017, “a comprehensive condemnation of the United States’ continuing commission of torture and due process violations at Guantánamo Bay,” specifically focusing on the case of “high-value detainee” Ammar al Baluchi (aka Ali Abd al-Aziz Ali).

The press release explained that the Working Group’s Opinion “was issued in January 2018 following substantive briefings to the Working Group by the United States government and counsel for Mr. al Baluchi.” Alka Pradhan, civilian counsel for Mr. al Baluchi, declared, “This is a major public denunciation of the United States’ illegal prison and military commissions at Guantánamo Bay, and a specific call to change Mr. al Baluchi’s circumstances immediately.” Read the rest of this entry »

Reviewing the Guantánamo Art Show in New York That Dared to Show Prisoners As Human Beings, and Led to a Pentagon Clampdown

Artwork by former Guantanamo prisoner Mohammed al-Ansi, shown in 'Ode to the Sea: Art from Guantanamo Bay', an exhibition in New York. This is a screenshot of the home page of the website.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.

Back in November, a disturbing story emerged from Guantánamo — of how a ten-year policy of allowing prisoners to give away art they have made at the prison to their lawyers and, via them, to family members had been stopped by the authorities, in response to an exhibition of prisoners’ artwork at the John Jay College of Criminal Justice, part of the City University of New York, which is known for its criminal justice, forensic science, forensic psychology, and public affairs programs.

The Pentagon had taken exception to an email address provided for people who were “interested in purchasing art” from the artists featured in the show. A Pentagon spokesman, Air Force Maj. Ben Sakrisson, said on November 15 that “all Guantánamo detainee art is ‘property of the US government’ and ‘questions remain on where the money for the sales was going.’”

One problem with this position was that some of the art was by prisoners who are no longer at the prison,which surely raises questions about the extent of the Pentagon’s claimed “ownership” of their work, but the Department of Defense wasn’t interested in having that pointed out. Instead, a spokeswoman at the prison, Navy Cmdr. Anne Leanos, said in a statement that “transfers of detainee made artwork have been suspended pending a policy review,” and Ramzi Kassem, a professor at City University of New York School of Law whose legal clinic represents Guantánamo prisoners, said that one particular prisoner had been told that, if any prisoner were to be allowed to leave Guantánamo (which, crucially, has not happened under Donald Trump), “their art would not even be allowed out with them and would be incinerated instead.” Read the rest of this entry »

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 »

Persistent Dehumanization at Guantánamo: US Claims It Owns Prisoners’ Art, Just As It Claims to Own Their Memories of Torture

"Empty glassware" (2015) by Guantanamo prisoner Ahmed Rabbani.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 (as “The Persistent Abuse of Guantánamo Prisoners: Pentagon Claims It Owns Their Art and May Destroy It, But U.S. Has Long Claimed It Even Owns Their Memories of Torture“) 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.

After years of letting Guantánamo prisoners keep the artwork they have made at the prison, subject to security screening, the Pentagon has suddenly secured widespread condemnation for banning its release, and, it is alleged by one of prisoners’ attorneys, for planning to burn it.

The story was first reported on November 16 by Carol Rosenberg of the Miami Herald, and updated on November 20. Rosenberg explained how, for years, prisoners’ art had been released “after inspection by prison workers schooled in studying material for secret messages under the rubric of Operational Security.”

However, as Rosenberg explained, “Ode to the Sea: Art from Guantánamo Bay,” an exhibition in the President’s Gallery of New York’s John Jay College of Criminal Justice until January 16, 2018, which features “paintings and other works by current and former captives” — and “which garnered international press coverage” — “apparently caught the attention of the Department of Defense,” because of an email address provided for people “interested in purchasing art from these artists.” Read the rest of this entry »

Donald Trump’s Stumbling Efforts to Revive Guantánamo

A collage of images of Donald Trump and Guantanamo on its first day back in January 2002.Please support my work! 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.

On Guantánamo, Donald Trump has, essentially, done nothing since he took office, despite promising, on the campaign trail, to fill the prison “with bad dudes,” and to revive the use of torture. Shortly after he took office, a draft executive order was leaked, which saw him proposing to set up new “black sites,” and to send new prisoners to Guantánamo, but on the former he was shut down immediately by critics from across the political spectrum, and even from some of his own appointees, and on the latter we presumed that silence meant that he had been advised that it was not worth sending new prisoners to Guantánamo.

There are a number of reasons why this advice was to be expected: because the federal courts have such a good track record of dealing successfully with terrorism-related cases, and because the legislation authorizing imprisonment at Guantánamo — the Authorization for Use of Military Force, passed just days after the 9/11 attacks — focuses on 9/11, al-Qaeda, the Taliban and related forces, and not on newer threats — like Islamic State, for example, for which new legislation would be required.

As a result, although Guantánamo has almost entirely slipped off the radar, with the impression given that the men still held are trapped in a place that Trump has largely chosen to ignore, it has at least been reassuring that he has gone quiet on his previously-promised notions of reviving the prison. 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).

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

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 »

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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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