After Four-Year Legal Struggle, Judges Support Government Claims That Videotapes of Force-Feeding at Guantánamo Must Remain Secret

A restraint chair at Guantanamo, used to force-feed prisoners (Photo by Jason Leopold).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.

 

On Friday, in the appeals court in Washington, D.C., judges appear to have brought to an unsatisfactory end a four-year struggle to make public videotapes of prisoners at Guantánamo — and specifically Jihad Dhiab (aka Diyab), a Syrian, also known as Abu Wa’el Dhiab — being force-fed and violently extracted from their cells.

The case, as explained in a detailed timeline on the website of Reprieve, began in June 2013, during the prison-wide hunger strike that year, which attracted international opposition to President Obama’s lack of activity in releasing prisoners and working towards fulfilling the promise to close the prison that he made on his second day in office in January 2009.

I also covered the case extensively at the time — see my archive here, here, here and here (which included Dhiab’s release to Uruguay and subsequent struggle to adapt to his new life), ending with an appeal court ruling in May 2015, when the D.C. Circuit Court refused to accept an appeal by the government arguing against the release of the videotapes, and a rebuke to the government in July 2015, by Judge Gladys Kessler in the federal court, who had initially ordered the release of the tapes, and who “ordered the government to stop wasting time with ‘frivolous’ appeals against her rulings,” and to release the tapes. Read the rest of this entry »

Judge Grants Government a Month’s Delay in Release of Guantánamo Force-Feeding Videotapes

Last Thursday, in the latest development in Guantánamo prisoner Abu Wa’el Dhiab’s quest to stop his force-feeding, District Judge Gladys Kessler gave the US government a one-month delay in complying with her recent order for videotapes of Mr. Dhiab’s force-feeding and his “forcible cell extractions” — in which armored guards violently remove prisoners from their cells — to be publicly released.

The challenge by Mr. Dhiab — one of 80 prisoners approved for release but still held — has been putting pressure on the Guantánamo authorities, and on the Obama administration, for many months, as I explained at the time of the ruling about releasing the videotapes, three weeks ago, when I wrote:

This ruling is the latest in a string of powerful rulings by Judge Kessler, who, in May, briefly ordered the government to stop force-feeding Mr. Dhiab. This order was swiftly rescinded, as Judge Kessler feared for his life, but she also ordered videotapes of his “forcible cell extractions” (FCEs) and his force-feeding to be made available to his lawyers, who had to travel to the Pentagon’s secure facility outside Washington D.C. to see them. After viewing them, Cori Crider, his lawyer at Reprieve, said, “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them,” and added, “I have no doubt that if President Obama forced himself to watch them, he would release my client tomorrow.” Read the rest of this entry »

Experts Deliver Damning Testimony at Guantánamo Force-Feeding Trial

For an update on October 9, see below.

This week, a historic and unprecedented trial has been taking place in Washington D.C., as lawyers for Abu Wa’el Dhiab, a Syrian prisoner at Guantánamo, have been challenging the government’s claimed legality for force-feeding prisoners.

Mr. Dhiab has been a frequent hunger striker for the last seven years, and weighs just 152 pounds, despite being six feet five inches tall. Last February, he took part in a hunger strike that involved up to two-thirds of the remaining prisoners, who were in despair at ever being released or given justice, and he has continued his hunger strike, even though throughout this period he has been subjected to painful force-feeding. He is one of 75 of the remaining 149 prisoners who were approved for release by a government task force in 2009 — and four others have had their release approved this year through another review process, the Periodic Review Boards. He is also in a wheelchair as a result of his physical decline during his 12 years in US custody.

Last summer, Mr. Dhiab challenged the legality of his force-feeding in court, and, as I explained in an article on Sunday, in May, after some to-ing and fro-ing, Judge Gladys Kessler, in the District Court in Washington D.C., “briefly ordered the government to stop force-feeding Mr. Dhiab. This order was swiftly rescinded, as Judge Kessler feared for his life, but she also ordered videotapes of his ‘forcible cell extractions’ (FCEs) and his force-feeding to be made available to his lawyers.” Read the rest of this entry »

In Ground-Breaking Ruling, US Judge Gladys Kessler Orders Guantánamo Force-Feeding Videos to be Made Public

Congratulations to Judge Gladys Kessler of the District Court in Washington D.C., who, yesterday, followed up on a powerful order prohibiting the government from holding a secret hearing in the case of Guantánamo hunger striker Abu Wa’el Dhiab, which I wrote about here, with an even more powerful order calling on the government to prepare for public release eleven hours of videotapes showing Mr. Dhiab being dragged from his cell and force-fed.

This ruling is the latest in a string of powerful rulings by Judge Kessler, who, in May, briefly ordered the government to stop force-feeding Mr. Dhiab. This order was swiftly rescinded, as Judge Kessler feared for his life, but she also ordered videotapes of his “forcible cell extractions” (FCEs) and his force-feeding to be made available to his lawyers, who had to travel to the Pentagon’s secure facility outside Washington D.C. to see them. After viewing them, Cori Crider, his lawyer at Reprieve, said, “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them,” and added, “I have no doubt that if President Obama forced himself to watch them, he would release my client tomorrow.”

In a press release, Reprieve explained that the eleven hours of video footage — consisting of 28 tapes in total — “is to be redacted for ‘all identifiers of individuals’ other than Mr. Dhiab,” and further explained how Judge Kessler’s ruling came in response to a motion submitted in June by 16 major US media organizations, including the New York Times, the Washington Post, McClatchy, the Guardian, the Associated Press and others, seeking to have the videotapes unsealed. Read the rest of this entry »

Judge in Guantánamo Force-Feeding Case Rejects Government’s Call for Secret Hearing

Sometimes, when it comes to Guantánamo, the shamelessness of the US government know no bounds.

The most recent example is in the case of Abu Wa’el Dhiab, a Syrian prisoner, long cleared for release and confined to a wheelchair as a result of his treatment over the last 12 years. In despair at ever being released, Mr. Dhiab embarked on a hunger strike last year, as part of the prison-wide hunger strike that reminded many people of the existence of Guantánamo — and in May he won an unprecedented court victory, when, as I described it recently, a US judge — District Judge Gladys Kessler, in  Washington D.C. — ordered the government to stop force-feeding him, and to preserve videotaped evidence of his force-feeding, and his “forcible cell extractions” (FCEs), whereby a team of armored guards drags him out of his cell to take him to be force-fed.

Soon after, Judge Kessler reluctantly dropped her ban on Mr. Dhiab’s force-feeding, fearing that otherwise he would die. However, she also ordered the government to release the videotapes to Mr. Dhiab’s lawyers, which was another unprecedented decision.

On August 12, as I explained in another article, Judge Kessler ordered the authorities at Guantánamo to allow two independent doctors to visit the prison to evaluate Mr. Dhiab’s health. As his lawyers at the legal action charity Reprieve explained in a press release, his health had “deteriorated so much that there are now concerns for his life.” As Reprieve also explained, the doctors will “also testify, along with a force-feeding expert, at a hearing scheduled for October 6, about the medical effects of the force-feedings on Mr Dhiab.” Read the rest of this entry »

“I Had Trouble Sleeping,” Lawyer Says After Viewing Guantánamo Force-Feeding Videos

On the weekend of June 14/15, as I explained in an article last week, lawyers for Abu Wa’el Dhiab, a Syrian prisoner at Guantánamo who is on a hunger strike and being force-fed, began watching videos of their client’s force-feeding and “forcible cell extractions” — when prisoners are violently removed from their cells by a riot squad — which a US judge, District Judge Gladys Kessler, had ordered to be released to the lawyers a month ago. It is important to note that, previously, no lawyer for the prisoners has ever been allowed to view videotapes of force-feeding or violent cell extractions.

Prior to viewing the videos — at a “secure facility” run by the Pentagon in Virginia, where lawyers have to go to view any classified documentation related to their clients — Cori Crider of Reprieve, the legal action charity whose lawyers represent Dhiab, along with Jon B. Eisenberg in the US, described how she expected the content of the tapes “to be upsetting.”

After viewing them, Crider delivered a powerful statement about how disturbing the tapes are. “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them,” she said, adding, “I have no doubt that if President Obama forced himself to watch them, he would release my client tomorrow.” Read the rest of this entry »

Photos: Shaker Aamer Protest in London, and His Latest Message from Guantánamo

Free Shaker Aamer from Guantanamo, Parliament Square, July 18, 2013Bring home Shaker AamerShut Guantanamo: End 11 years of shameStand up for Shaker AamerDavid Harrold says, "Free Shaker Aamer"Ray Silk addresses Shaker Aamer protest
Shaker Aamer protestFree Shaker AamerAndy Worthington at Free Shaker Aamer protest

Shaker Aamer Protest in London, July 18, 2013, a set on Flickr.

Now that many people have been wakened to the plight of Shaker Aamer, the last British resident in Guantánamo, through P.J. Harvey writing a song about him that has sent ripples through the music world, I hope that ongoing efforts to secure his release will attract more support in the months to come. After all, what excuse is there for people not to be outraged that he is one of 86 men cleared for release under President Bush and Obama who are still held, and that he is part of a prison-wide hunger strike to which the authorities are responding with force-feeding?

On July 18, as Parliament shut up shop for the summer, I joined campaigners from the Save Shaker Aamer Campaign and the London Guantánamo Campaign in Parliament Square, outside the Houses of Parliament, for a last vigil before the summer recess began. I have already posted a video of an interview I undertook on the day with a representative of the PCS union (the Public and Commercial Services union), but art the time I didn’t have the opportunity to make the photos I took available, and I was then derailed by a week away.

I’m posting them now to try to help keep Shaker’s story in the public eye, and also to thank the Save Shaker Aamer Campaign and the London Guantánamo Campaign for their tireless work to try and secure the closure of Guantánamo and the release of Shaker Aamer. 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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