More Farcical Proceedings at the Military Commissions in Guantánamo

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.

Last week I published “The 9/11 Trial at Guantánamo: The Dark Farce Continues,” the first of two articles providing updates about the military commissions at Guantánamo.

The commissions were established under President George W. Bush in November 2001, were ruled illegal by the Supreme Court in June 2006, revived by Congress in the fall of 2006, suspended by President Obama in January 2009, and revived again by Congress in the fall of 2009, but they have always struggled to establish any credibility, and should not have been revived by the Obama administration.

Last week’s article, as the title indicates, covered developments — or the lack of them — in pre-trial hearings for Khalid Sheikh Mohammed and four other men accused of involvement in the 9/11 attacks, who were held and tortured in CIA “black sites” for years before their arrival in Guantánamo in September 2006. 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 »

New Report Condemns Role of Doctors, Psychologists and Psychiatrists as Torturers in Bush’s “War on Terror”

Unusually, there has been so much Guantánamo-related news lately that I haven’t had time to write about it all. A case in point is “Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror” (also available here on Scribd), a 156-page report by the Task Force on Preserving Medical Professionalism in National Security Detention Centers, an independent panel of 19 military, ethics, medical, public health, and legal experts, who spent two years working on their report, with the support of the Institute on Medicine as a Profession and the Open Society Foundations.

The report was published on November 5, and, as a press release explained, the task force of experts “charged that US military and intelligence agencies directed doctors and psychologists working in US military detention centers to violate standard ethical principles and medical standards to avoid infliction of harm.”

The task force also concluded that, “since September 11, 2001, the Department of Defense (DoD) and CIA improperly demanded that US military and intelligence agency health professionals collaborate in intelligence gathering and security practices in a way that inflicted severe harm on detainees in US custody,” which included “designing, participating in, and enabling torture and cruel, inhumane and degrading treatment” of prisoners seized in the “war on terror.” 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 »

My Exchange with Guantánamo Spokesperson Who Called Me An “Activist” and Not A “Real Journalist”

In the early morning on Saturday June 1, drawing on reports published in in the Arabic- and French-speaking media in Mauritania, I published a story based on those reports, which, in turn, drew on comments made by a human rights representative in Mauritania, who stated that the last two Mauritanian prisoners in Guantánamo had been released, along with a man held in Bagram in Afghanistan.

It turned out that the Mauritanian source was mistaken, and later that day, after Agence France-Presse (AFP) and the Associated Press had also reported the story, the Pentagon stated, “All 166 detainees who have been at the detention facility at Guantánamo Bay remain at the detention facility at Guantánamo Bay. There have been no transfers out of Guantánamo since Omar Khadr was transferred to Canada in October.”

While I was monitoring the various reports and denials relating to the story, I responded, at 7.12 pm GMT yesterday, to a comment from a reader on my website about how the US government and the US military don’t always tell the truth by writing, “It now seems clear that only the prisoner from Bagram was returned to Mauritania, but I have no time for Pentagon spokespeople smugly explaining how there are still 166 men in Guantánamo, and no one has been released since last October. There’s no reason for anyone to be even vaguely proud of that fact.”

My comment led Ron Flanders of Southcom to send me a comment at 1.54 am GMT on June 3, which I’m cross-posting below, along with my reply, as Mr. Flanders singled me out for criticism for not consulting with the authorities prior to publishing my story, and made some allegations about my status as a journalist — and some statements about the truthfulness of Pentagon spokespeople when it comes to Guantánamo that are, I believe, worth publicizing. Read the rest of this entry »

No More Drones and Close Guantánamo: Protest Photos at CIA Headquarters

Close Guantánamo, Close the CIAClose GuantánamoDrone protestorsPeace messagesWhen drones fly, children die!Code Pink's Peace Strategy
Drones are evil"… nor shall cruel and unusual punishments be inflicted"Andy Worthington outside CIA HQAndy Worthington calls for the closure of Guantánamo and an end to drone strikesSinging for peaceDebra Sweet of World Can't Wait
Debra Sweet: against drones and tortureCode PinkWitness Against Torture at CIA HQReflecting on peace and justice: Witness Against Torture at CIA HQCarmen Trotta and Witness Against TortureCarmen Trotta calls for the closure of Guantánamo
A tender momentJohn Brennan = tortureWar = millions of Sandy Hook Massacres. Abolish war!Refuse to Kill!Breaking the fast

No More Drones and Close Guantánamo: Protest at CIA Headquarters, a set on Flickr.

On January 12, 2013, during my ten-day visit to the US to campaign for the closure of the “war on terror” prison at Guantánamo on the 11th anniversary of its opening, I joined around a hundred protestors, from groups including Witness Against Torture, Code Pink, Episcopal Peace Fellowship DC, Northern Virginians for Peace & Justice, Pax Christi and World Can’t Wait to protest against the Obama administration’s use of drones in its ongoing “war on terror,” and also to protest about the ongoing existence of Guantánamo, the day after the 11th anniversary of the prison’s opening.

The protest took place outside one of the entrances to the headquarters of the CIA, in McLean, Virginia, and I was delighted to be asked to address the crowd, drawing connections between Obama’s use of drones and Bush’s use of torture, “extraordinary rendition” and the indefinite detention to which the prisoners at Guantánamo are still subjected. Before and after, I was reunited with various friends in the activist community, and also met others for the first time, as I wandered around with my camera, capturing the photos in this set. Read the rest of this entry »

Polish Senator’s Startling New Allegations About the CIA Torture Prison in Poland

In the long quest for accountability for those who ordered, authorized or were complicit in the Bush administration’s torture program, every avenue has been shut down within the US by the Obama administration, the Justice Department and the courts, and the only hope lies elsewhere in the world, and specifically Poland, one of three European countries that hosted secret CIA prisons, where “high-value detainees” were subjected to torture.

Whereas the other two countries — Romania and Lithuania — have either refused to accept that a secret prison existed, or have opened and then prematurely shut an investigation, Poland has an ongoing official investigation, which began four years ago and shows no sign of being dismissed, even if numerous obstacles to justice have been erected along the way.

Last week, two US news outlets — the Los Angeles Times and ABC News — reported the latest claim by Senator Jozef Pinior, who, as ABC News explained, told the Polish newspaper Gazeta Wyborcza that prosecutors “have a document that shows a local contractor was asked to build a cage at Stare Kiekuty,” the Polish army base that was used by the CIA as its main prison for “high-value detainees” from December 2002 (when the previous prison in Thailand was closed down) until September 2003, when, for six months, the main “high-value detainees” were held in a secret prison within Guantánamo, before being transferred back to facilities in Europe and Morocco. 14 “high-value detainees” were eventually returned to Guantánamo, as military prisoners, in September 2006. Read the rest of this entry »

John Yoo: A Fugitive from Justice, With the Help of the US Courts, in the Torture of Jose Padilla

Three weeks ago, Jose Padilla, a US citizen and a notorious victim of torture by representatives of his own government, had a courtroom door shut firmly in his face, when the Ninth Circuit Court of Appeals, in California, reversed a lower court decision (PDF) allowing Padilla — held as an “enemy combatant” in a military brig on the US mainland from 2002 to 2005, and isolated and tortured so severely that he lost his mind — to pursue a lawsuit against John Yoo.

A law professor at UC Berkeley, Yoo worked for the Justice Department’s Office of Legal Counsel (OLC) in the early years of the “war on terror,” as part of Dick Cheney’s inner circle of lawyers pushing to eradicate existing laws preventing arbitary detention and torture, and it was for the OLC — which is supposed to provide impartial legal advice to the executive branch — that he wrote a notorious series of memos — the “torture memos” — in which he cynically attempted to redefine torture so that it could be used by the CIA. This was a decision that not only led to the CIA torturing prisoners in its own secret prisons, in Thailand, Poland, Romania, Lithuania and Morocco, but also infected the whole of the US military. Not uncoincidentally, Yoo’s boss at the OLC was Jay S. Bybee, who signed off on the “torture memos,” and is now a judge on — wait for it! — the Ninth Circuit Court of Appeals.

Analyzing this scandalous denial of justice (and also the D.C. Circuit Court’s equally unjust interventions to gut habeas corpus of all meaning for the Guantanamo prisoners, most recently in the case of Adnan Farhan Abdul Latif, a Yemeni whose story I covered here), Scott Horton of Harper’s Magazine wrote a powerful article in which, after noting that “one of the lasting challenges to America’s federal judiciary will be addressing American complicity in the tortures and disappearances of the past ten years,” he explained that Padilla v. Yoo and Latif v. Obama “show us how judicial panels are tackling these issues: by shielding federal officials and their contractors from liability, and even by glorifying the fruits of their dark arts. In the process, legal prohibitions on torture are being destroyed through secrecy and legal sleight of hand, and our justice system is being distorted and undermined.” Read the rest of this entry »

US Government Turns Down Request for Trial by Guantánamo Prisoner and CIA Torture Victim Abu Zubaydah

Last week, lawyers for Abu Zubaydah, an alleged “high-value detainee” in the “war on terror,” who was held in secret CIA prisons for four and a half years until his transfer to Guantánamo in September 2006, submitted a letter to the Convening Authority for the military commissions at Guantánamo, Retired Vice Admiral Bruce MacDonald, asking for their client to be charged, after more than ten years in US custody. I followed up on this by writing an article pointing out that seven other “high-value detainees” held at Guantánamo — mostly since September 2006, but in two cases since 2007 and 2008 — have also not been charged, and asked, with regard to these eight men, “Are there any plans to try them? Or is the Obama administration happy for them to be held for the rest of their lives without charge or trial — a confirmation, if any were needed, that indefinite detention without charge or trial has, through Guantánamo, become normalized?”

Today, I had planned to publish the letter that Joe Margulies and the other lawyers for Abu Zubaydah wrote to Bruce MacDonald, which Marcy Wheeler made available on her website Empty Wheel, and I am proceeding with that plan, as the letter contains an important summary of the Bush administration’s disgraceful and illegal torture program, for which no one in authority has yet been held accountable, as well as summarizing the scandalous treatment of Abu Zubaydah, and how the claims about his significance have melted away with the passage of time. It also is an indictment of the Obama administration’s unwillingness to deal adequately with the toxic inheritance left by the Bush administration.

In addition, however, I am also publishing the response to the letter that Bruce MacDonald wrote on May 17, in which he pointed out that the decision on whether or not to prosecute lies with the Office of the Chief Prosecutor — and that therefore, by inference, it is a decision that also involves defense secretary Leon Panetta and President Obama as the Commander in Chief — and also pointed out that  Abu Zubaydah can “challenge the legality of his detention by seeking a writ of habeas corpus.” Read the rest of this entry »

Torture: The Bush Administration on Trial

Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.

Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.

All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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