Disappointment as US Judge Upholds Force-Feeding of Hunger Striking Guantánamo Prisoner Abu Wa’el Dhiab

Guantanamo prisoner Abu Wa'el Dhiab, and District Judge Gladys Kessler, who, earlier this year, ordered the government to preserve all videotapes of his force-feeding and "forcible cell extractions," and who, last month, ordered those videotapes to be publicly released. On November 7, 2014, unfortunately, she refused to order the government to change the way it force-feeds him, and to make it more humane.On Friday, in the latest twist in the legal challenge mounted by Abu Wa’el Dhiab,  a hunger striker at Guantánamo, District Judge Gladys Kessler, in Washington D.C., disappointed Mr. Dhiab, his lawyers and everyone who wants personnel at Guantánamo to be accountable for their actions by denying his request “to significantly change the manner in which the US military transfers, restrains and forcibly feeds detainees on hunger strike to protest their confinement,” as the Guardian described it.

Mr Dhiab, a father of four who is in a wheelchair because of the decline in his health during 12 years in US custody, was cleared for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed when he first took office, but he is still held because of Congressional opposition to the release of prisoners, and because he needs a third country to take him in (and although Uruguay has offered him new home, that deal has not yet materialized). Last year, he embarked on a hunger strike because of his despair that he would never be released, along with two-thirds of the remaining prisoners, and he also asked a judge to order the government to feed him in a more humane manner.

That request was turned down last summer, because of legislation passed under President Bush that was cynically designed to prevent judges from interfering in the treatment of prisoners at Guantánamo, but in February this year the court of appeals — the D.C. Circuit Court — overturned that ruling and an allied ruling, determining that hunger-striking prisoners can challenge their force-feeding in a federal court — and, more generally, as the New York Times described it, that judges have “the power to oversee complaints” by prisoners “about the conditions of their confinement,” and that “courts may oversee conditions at the prison as part of a habeas corpus lawsuit.” 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 »

Shaker Aamer’s Abuse in Guantánamo Dismissed by British Foreign Secretary

In disappointing but predictable news, the British foreign secretary Philip Hammond, who replaced William Hague on July 15 this year, has “dismissed concerns over the abuse” of Shaker Aamer, the last British prisoner in Guantánamo, in a letter to his lawyer Clive Stafford Smith, the founder and director of the legal action charity Reprieve, as described by the charity in a press release.

In August, as I explained at the time, Clive Stafford Smith wrote to Philip Hammond after he had “received a series of unclassified letters from various detainees who we represent in Guantánamo Bay,” which told “a disturbingly consistent story” — of “a new ‘standard procedure’” whereby the FCE team (the armored guards responsible for violently removing prisoners from their cells through “forcible cell extractions”) was being “used to abuse the prisoners with particular severity because of the on-going non-violent hunger strike protest against their unconscionable treatment.”

Stafford Smith also explained how one of Shaker Aamer’s fellow prisoners, Emad Hassan, a Yemeni who, like Shaker, has long been cleared for release, described how, on the Sunday before he wrote his letter, “Shaker ISN 239 was beaten when the medical people wanted to draw blood.” 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 »

The Despair of Guantánamo’s Most Prominent Hunger Striker

Guantánamo’s most prominent hunger striker is Abu Wa’el Dhiab, a 43-year old Syrian prisoner, married with four children and long cleared for release, who is in a wheelchair as a result of his treatment in US custody, and has been on a hunger strike since last spring.

Others have been on a hunger strike for longer — one man has been refusing food since 2005, and others have been starving themselves since 2007 — but Mr. Dhiab is particularly well-known because, in May, 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), when 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, and, after seeing them, one of his legal team, Cori Crider of the legal action charity Reprieve, said that she “had trouble sleeping after viewing them.” Read the rest of this entry »

Guantánamo Violence: Prisoners Report Shaker Aamer “Beaten,” Another Man Assaulted “For Nearly Two Hours”

In a recent letter to the British foreign secretary Philip Hammond, Clive Stafford Smith, the founder and director of the legal action charity Reprieve, described how he has “just received a series of unclassified letters from various detainees who we represent in Guantánamo Bay,” which “tell a disturbingly consistent story” — of “a new ‘standard procedure’ where the FCE team [the armored guards responsible for violently removing prisoners from their cells through 'forcible cell extractions'] is being used to abuse the prisoners with particular severity because of the on-going non-violent hunger strike protest against their unconscionable treatment.”

With particular reference to Shaker Aamer, the last British resident in the prison, who is still held despite being cleared for release since 2007, Stafford Smith noted in his letter, dated August 22,  “I have not received a recent letter from Shaker Aamer as I understand that he is seriously depressed — which is not surprising given all that he has been through.”

He added, “However, our other clients have reported that ‘[o]n Sunday, Shaker ISN 239 was beaten when the medical people wanted to draw blood.'”

In a press release, Reprieve noted that Mr. Aamer “has previously described being beaten by the FCE team up to eight times a day,” and added that he “has been held for long periods of solitary confinement since 2005 and is in extremely poor health.” Read the rest of this entry »

“Most of the Hunger Strikers Are Vomiting on the Torture Chairs”: Emad Hassan’s Latest Harrowing Letter from Guantánamo

In the long-running struggle by prisoners at Guantánamo to get US judges to order the prison authorities to stop force-feeding them when they are on a hunger strike to protest about their indefinite imprisonment without charge or trial, the focus in the last few months has been on Abu Wa’el Dhiab, a Syrian prisoner, cleared for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office, but still held, like 78 other prisoners cleared for release.

In May, in Washington D.C., District Judge Gladys Kessler delivered a powerful and unprecedented ruling in Mr. Dhiab’s case, ordering the government to stop force-feeding him, and also ordering the release, to his lawyers, of videotapes showing his force-feeding and “forcible cell extractions” (FCEs), where prisoners are violently extracted from their cells by a group of armored guards and taken for force-feeding after refusing to voluntarily drink the liquid nutritional supplements given to hunger strikers.

The order regarding Mr. Dhiab’s force-feeding was withdrawn by Judge Kessler shortly after it was issued, as she feared that otherwise Mr. Dhiab would die, but the videotapes have been seen by his lawyers, who described them as profoundly shocking — and 16 US media organizations are currently engaged in trying to get the videotapes released to the public. Read the rest of this entry »

US Judge Orders Guantánamo Authorities to Allow Independent Doctors to Assess Health of Hunger Striker Abu Wa’el Dhiab

Last week there was some good news regarding Guantánamo in the US courts in the long-running case of Abu Wa’el Dhiab, a hunger striker who has spent the last 14 months attempting to get the US courts to stop him being force-fed, and who, in the last three months, briefly secured an order stopping his force-feeding, and also secured access for his lawyers to videotapes of his force-feeding and the “forcible cell extractions” used to remove him from his cell. In response, the authorities have now taken to confiscating his wheelchair, and, as Reprieve put it, “manhandling him to be force-fed.”

On August 12, District Judge Gladys 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 “has 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.”

Mr. Dhiab is one of 75 men still held (out of the remaining 149 prisoners) who were cleared for release by the high-level, inter-agency Guantánamo Review Task Force  appointed by President Obama shortly after taking office in January 2009. He has not been released because he cannot be safely repatriated and a third country must be found that will take him. Read the rest of this entry »

Back to home page

Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
Email Andy Worthington

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans Al-Qaeda Andy Worthington Bagram British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Guantanamo Habeas corpus Hunger strikes Lewisham London Military Commission NHS NHS privatisation Photos President Obama Reprieve Save Lewisham A&E Shaker Aamer Taliban Torture UK austerity UK protest US Congress US courts WikiLeaks Yemenis