Guantánamo Prisoner Force-Fed Since 2007 Launches Historic Legal Challenge

Emad Hassan, in a photograph included in the classified military files released by WikiLeaks in April 2011.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 month, the court of appeals in Washington D.C. (the D.C. Circuit Court) delivered an important ruling regarding Guantánamo prisoners’ right to challenge their force-feeding, and, more generally, other aspects of their detention. The force-feeding is the authorities’ response to prisoners undertaking long-term hunger strikes — or, as Jason Leopold discovered on March 11 through a FOIA request, what is now being referred to by the authorities as “long-term non-religious fasts.”

The court overturned rulings in the District Court last summer, in which two judges — one reluctantly, one less so — turned down the prisoners’ request for them to stop their force-feeding because of a precedent relating to Guantánamo, dating back to 2009.

As Dorothy J. Samuels  explained in a column in the New York Times on March 11, revisiting that ruling: Read the rest of this entry »

The Guantánamo Experiment: A Harrowing Letter by Yemeni Prisoner Emad Hassan

Emad Hassan, in a photograph included in the classified military files released by WikiLeaks in April 2011.155 men are still held at Guantánamo, and yet, despite the fact that most of these prisoners have been held for 12 years without charge or trial, many of them are completely unknown to the general public.

A case in point is Emad Hassan, a Yemeni prisoner whose representation has recently been taken on by Reprieve, the London-based legal action charity whose founder and director is Clive Stafford Smith. Reprieve recently received a letter from  Emad, after it was unclassified by the Pentagon censorship board that evaluates all correspondence between prisoners and their lawyers — and the hand-written notes of any meetings that take place — and decides whether it can be made available to the public.

When the cleared letter was released, Reprieve secured publication of it in the Middle East Monitor, where it was published to mark the 12th opening of the prison on January 11. In the hope of securing a wider audience for Emad’s words, I’m cross-posting it below, not only to let people know about Emad’s particular story — to humanize another of the men so cynically dismissed as “the worst of the worst” by the Bush administration — but also because of his detailed description of how hunger strikers at Guantánamo are being abused by the authorities. Read the rest of this entry »

US Appeals Court Rules that Guantánamo Prisoners Can Challenge Force-Feeding, and Their Conditions of Detention

In the latest news from Guantánamo, the court of appeals in Washington D.C. ruled yesterday that hunger-striking prisoners can challenge their force-feeding in a federal court — and, more generally, ruled that judges have “the power to oversee complaints” by prisoners “about the conditions of their confinement,” as the New York Times described it, further explaining that the judges ruled that “courts may oversee conditions at the prison as part of a habeas corpus lawsuit,” and adding that the ruling “was a defeat for the Obama administration and may open the door to new lawsuits by the remaining 155 Guantánamo inmates.”

In summer, four prisoners, all cleared for release since at least January 2010 — Shaker Aamer, the last British resident in the prison, Ahmed Belbacha, an Algerian, Abu Wa’el Dhiab, a Syrian and Nabil Hadjarab, another Algerian, who was later releasedasked federal court judges to stop the government from force-feeding them, but the judges ruled (see here and here) that an existing precedent relating to Guantánamo prevented them from intervening. The prisoners then appealed, and reports at the time of the hearing in the D.C. Circuit Court indicated that the judges appeared to be inclined to look favorably on the prisoners’ complaints.

As was explained in a press release by Reprieve, the London-based legal action charity whose lawyers represent the men involved in the appeal, along with Jon B. Eisenberg in California, the D.C. Circuit Court “held that the detainees should be allowed a ‘meaningful opportunity’ back in District Court to show that the Guantánamo force-feeding was illegal.” They also “invited the detainees to challenge other aspects of the protocol.” 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 (The State of London).
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