In Historic Ruling, Case of Four Survivors of CIA Rendition and “Black Site” Torture To Be Heard By Inter-American Commission on Human Rights

Four of the men subjected to rendition and torture in the “war on terror’ that the United States declared after the terrorist attacks of September 11, 2001. From L to R: British residents Binyam Mohamed and Bisher al-Rawi, Abou Elkassim Britel, an Italian citizen, and Mohamed Farag Ahmad Bashmilah, a Yemeni.

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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.

When it comes to the crimes committed by the US government in the brutal “war on terror” declared after the terrorist attacks of September 11, 2001, the wheels of justice move so slowly that their motion is almost imperceptible.

A case in point involves four survivors of the CIA’s rendition and torture program — British residents Binyam Mohamed and Bisher al-Rawi, Abou Elkassim Britel, an Italian citizen, and Mohamed Farag Ahmad Bashmilah, a Yemeni. Also see my extensive archive about Binyam Mohamed’s case, which I covered in great detail in 2008 and 2009.

Last month, on July 8, in what the ACLU accurately described as a “historic decision,” the Inter-American Commission on Human Rights — an international human rights tribunal based in Washington, D.C., which reviews cases throughout the Americas, and whose judgments are meant to be binding on the states involved — determined that the four men, “survivors of the US secret detention and torture program,” have “the right to present their case before the regional tribunal.”

And those wheels of justice? Well, here goes. The case was only submitted to the IACHR — in November 2011 — after a long quest for justice in the US had been exhausted. The ACLU had first filed a lawsuit in May 2007 on behalf of three of the men — against Jeppesen Dataplan, Inc., a subsidiary of Boeing whose role as “The CIA’s Travel Agent” was first exposed, through statements made by a former Jeppesen employee, in an article by Jane Mayer for the New Yorker in October 2006.

As I explained in an article ten years ago:

In statements that were later submitted to the court, Sean Belcher, a former employee, said that the director of Jeppesen International Trip Planning Services, Bob Overby, had told him, “We do all the extraordinary rendition flights,” which he also referred to as “the torture flights” or “spook flights.” Belcher stated that “there were some employees who were not comfortable with that aspect of Jeppesen’s business” because they knew “some of these flights end up” with the passengers being tortured, but added that Overby had explained, “that’s just the way it is, we’re doing them” because “the rendition flights paid very well.”

In its press release last month, the ACLU explained how, “During rendition flights, victims were often stripped naked, sexually assaulted, diapered, chained, and strapped down to the floor of an airplane as part of a brutal procedure known as ‘capture shock’ treatment.”

As the ACLU explained in its page relating to the case, in February 2008 the District Court “dismisse[d] the ACLU’s case against Jeppesen after the government intervened, inappropriately invoking the ‘states secrets privilege’ to avoid legal scrutiny of an unlawful program.” The ACLU appealed, and in February 2009 a three-judge panel of the 9th Circuit Court of Appeals heard the case. Barack Obama was now president, but the Department of Justice “once again assert[ed] that the entire subject matter of the case [was] a state secret.”

In April 2009, a three-judge panel of the 9th Circuit Court of Appeals — led by Judge Michael Daly Hawkins, and also including Judges Mary M. Schroeder and William C. Canby, Jr. — reversed the District Court’s dismissal of the case, “ruling that the government cannot invoke the state secrets privilege to dismiss the entire suit, rather, the privilege can only be invoked with respect to specific evidence,” as the ACLU described it.

I wrote about it at the time, 100 days into Obama’s presidency, citing pertinent passages from the ruling, including the following:

At base, the government argues … that state secrets form the subject matter of a lawsuit, and therefore require dismissal, any time a complaint contains allegations, the truth or falsity of which has been classified as secret by a government official. The district court agreed, dismissing the case exclusively because it “involves allegations” about [secret] conduct by the CIA. This sweeping characterization of the “very subject matter” bar has no logical limit — it would apply equally to suits by US citizens, not just foreign nationals; and to secret conduct committed on US soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.

Following the April 2009 ruling, the case was remanded back to the District Court, but before that could happen the government asked the full appeals court — an 11-judge panel — to hear the case. That happened in December 2009, and in September 2010 the court reversed the April 2009 decision, as I explained in my article at the time, By One Vote, US Court OKs Torture and “Extraordinary Rendition”.

As I explained in my article, “when asked to rule on whether these five men should have their day in court, or whether the government should be allowed to dismiss their lawsuit by claiming that the exposure of any information relating to ‘extraordinary rendition’ and torture threatened the national security of the United States, American justice contemplated looking at itself squarely in the mirror, telling truth to power, and allowing these men the opportunity to address what had happened to them in a court of law, but, at the last minute, flinched and turned away. By six votes to five, the Court decided that, in the interests of national security, the men’s day in court would be denied.”

In December 2010, the ACLU “file[d] a cert petition, asking the US Supreme Court to review the lower court’s decision dismissing the lawsuit,” but in May 2011 the Supreme Court turned down the request, exhausting the legal options in the US, and leading the ACLU — with the NYU Global Justice Clinic — to approach the IACHR instead.

Meanwhile, in the US, the truth of the men’s claims was further highlighted with the publication, in December 2014, of the executive summary of the Senate Intelligence Committee’s report into the CIA torture program, which took five years to complete, and which, damningly for the CIA and the Bush administration, condemned the program for being brutal and counter-productive. 119 victims of rendition and torture were named in the report, including Binyam Mohamed, Bisher al-Rawi and Mohamed Farag Ahmad Bashmilah, although, like an untold number of other prisoners who were not held in specific CIA “black sites,” but in facilities in, for example, Morocco, Jordan, Syria or Egypt, Abou Elkassim Britel (held in Morocco) was not. Mohamed and al-Rawi were also the only two of the four to also be held at Guantánamo.

Following the recent IACHR ruling, the ACLU explained that, “In ordering the case to move forward, the Inter-American Commission found that ‘insurmountable obstacles within the US legal system’ prevent victims of US counterterrorism operations from obtaining remedies before US courts.”

Steven Watt, senior staff attorney with the ACLU’s Human Rights Program, said, “Unlike US courts, the Commission found that victims of US extraordinary rendition and torture can have their claims heard. Our clients’ decades-long pursuit of justice has finally paid off.”

The ACLU noted that the IACHR “found that the US is responsible under the American Declaration on the Rights and Duties of Man to respect the rights of everyone under US control, even when such persons are located outside the country.” Following its decision to proceed, the IACHR “will now consider the merits of the survivors’ legal claims, including any US violations of the rights enshrined in the American Declaration.”

Professor Margaret Satterthwaite, Director of the NYU Global Justice Clinic, and counsel for Mr. Bashmilah, said, “At a time when the Trump administration is doing everything in its power to thwart accountability for US torture, this decision demonstrates that the US is not above the law. President Trump has relentlessly attacked international justice institutions, most recently with an executive order authorizing sanctions against the International Criminal Court for even investigating US war crimes. The Inter-American Commission’s decision to accept this case shows that the quest for accountability will not be quashed.”

* * * * *

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and see the latest photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here, or here for the US, or you can watch it online here, via the production company Spectacle, for £2.55), and for his photo project ‘The State of London’ he publishes a photo a day from eight years of bike rides around the 120 postcodes of the capital.

In 2017, Andy became very involved in housing issues. He is the narrator of the documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June 2017 that killed over 70 people, and he also set up ‘No Social Cleansing in Lewisham’ as a focal point for resistance to estate destruction and the loss of community space in his home borough in south east London. For two months, from August to October 2018, he was part of the occupation of the Old Tidemill Wildlife Garden in Deptford, to prevent its destruction — and that of 16 structurally sound council flats next door — by Lewisham Council and Peabody. Although the garden was violently evicted by bailiffs on October 29, 2018, and the trees were cut down on February 27, 2019, the resistance continues.

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

Inter-American Commission on Human Rights’ Ground-Breaking Decision in the Case of Former Guantánamo Prisoner Djamel Ameziane

Former Guantánamo Prisoner Djamel Ameziane and his response to a a recent and important decision taken by the Inter-American Commission on Human Rights (IACHR), criticizing the US for his treatment during 12 years in US custody (Image by the Center for Justice and International Law).

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. If you can help, please click on the button below to donate via PayPal.





 

I’ve had a busy few weeks, and haven’t been able, until now, to address a recent and important decision taken by the Inter-American Commission on Human Rights (IACHR) in the case of Djamel Ameziane, an ethnic Berber from Algeria who was imprisoned at Guantánamo for nearly 12 years, from February 2002 to December 2013, after an initial two month’s imprisonment at Kandahar air base in Afghanistan. The IACHR is a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

As his lawyers at the Center for Constitutional Rights (CCR) explained in a press release on May 28, the IACHR’s decision (available here) determined that the United States was “responsible for Mr. Ameziane’s torture, abuse, and decade-long confinement without charge,” and issued a series of recommendations — namely, that “the United States should provide ‘adequate material and moral reparations’ for the human rights violations suffered by Mr. Ameziane for his 12 years of confinement.”

As CCR added, “Some of these measures include the continuance of criminal investigations for the torture of Mr. Ameziane at Kandahar Airbase and Guantánamo Bay detention center; compensation for his years spent in arbitrary detention to address any lasting physical and psychological effects; medical and psychological care for his rehabilitation; and the issuance of a public apology by the United States president or any other high-ranking official to establish Mr. Ameziane’s innocence.”

Read the rest of this entry »

“Guantánamo Was Created to Destroy People, to Destroy Muslims”: Ex-Prisoner Djamel Ameziane’s Powerful Statement to the Inter-American Commission on Human Rights

Djamel Ameziane, photographed after his release from Guantanamo by Debi Cornwall.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.





 

Three days ago, I published an article about former Guantánamo prisoner Djamel Ameziane, and specifically about a hearing of the Inter-American Commission on Human Rights (IACHR), in Mexico City, at which, via his lawyers, and via a statement he had written, he asked the Commission members: “Please issue a merits decision and decide my case. I ask you to order reparations and other relief so that I can get the assistance that I need and move forward with my life, and put Guantánamo behind me forever. I also want an apology. I ask the representatives of the US: Will you say on behalf of your government that you are sorry for what the US Government did to me?”

The IACHR is a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state, although the US, of course, has little regard for anyone trying to tell it what to do.

As CCR described it, Ameziane also “urged OAS member states to remain involved in the issue given the current context in the US, and assist in the transfer of Guantánamo detainees and supporting efforts to close the detention center, among others.”

Below, I’m taking the opportunity to cross-post the whole of Djamel Ameziane’s statement, because it provides a powerful indictment of the manner in which the US, after 9/11, abandoned all adherence to the rule of law, setting up a global network of prisons — including at Guantánamo Bay, where Muslim men and boys, largely rounded up without any sense or any application of intelligence, were horribly abused and deprived of hope. Read the rest of this entry »

At Inter-American Commission on Human Rights, Former Guantánamo Prisoner Djamel Ameziane Asks US to Apologize, and Calls for Prison’s Closure

Former Guantanamo prisoner Djamel Ameziane, in an infographic put together by his lawyers at the Center for Constitutional Rights.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.





 

Last week, in Mexico City, a symbolically powerful blow was dealt to the United States’ notion of itself as a nation founded on the rule of law, which respects the rule of law and also respects human rights.

The occasion was a hearing of the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

The hearing last Wednesday was for Djamel Ameziane, an Algerian citizen, and an ethnic Berber, who was held at Guantánamo for nearly 12 years.

In the hearing last week, at which Ameziane was represented by the Center for Justice and International Law (CEJIL) and the Center for Constitutional Rights (CCR), the lawyers representing him urged the IACHR to “hold the US accountable for the abuse” of Ameziane and the “discrimination” against him. CCR explained, in a press release, that it was “a landmark hearing,” and the following brief explanation of his story: Read the rest of this entry »

US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo

Mohammad Rahim, an Afghan prisoner at Guantanamo, regarded as a "high-value detainee," in photo taken by representatives of the International Committee of the Red Cross, who made it available to his family, who, in turn, made it publicly available.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.





 

In trying to catch up on a few stories I’ve missed out on reporting about recently, I’d like to draw readers’ attention to a petition submitted to the Inter-American Commission on Human Rights on behalf of Mohammad Rahim, a CIA torture victim held at Guantánamo, who was, in fact, the last prisoner to arrive at the prison in March 2008.

The petition was submitted by Major James Valentine, Rahim’s military defence attorney, and the researcher Arnaud Mafille, and it follows previous submissions to the IACHR on behalf of Djamel Ameziane, whose release was requested in April 2012 (and who was eventually released, but not as a direct result of the IACHR ruling), and Moath al-Alwi, whose lawyers submitted a petition on his behalf in February 2015, which led to the IACHR issuing a resolution on March 31, 2015 calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Al-Alwi was, at the time, a hunger striker, and in the petition his lawyers stated that, “During his detainment at Guantánamo, Mr. al-Alwi has been systematically tortured and isolated. He has been denied contact with his family, slandered and stigmatized around the globe. He has been denied an opportunity to develop a trade or skill, to meet a partner or start a family. He has been physically abused, only to have medical treatment withheld.” Read the rest of this entry »

Guantánamo “An Endless Horror Movie”: Hunger Striker Appeals for Help to Inter-American Commission on Human Rights

Muaz al-Alawi (aka Moath al-Alwi), in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.In the long struggle for justice at Guantánamo — a prison intended at its founding, 13 years ago, to be beyond the law — there have been few occasions when any outside body has been able to exert any meaningful pressure on the US regarding the imprisonment, mostly without charge or trial, of the men held there.

One exception is the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

The IACHR has long taken an interest in Guantánamo (as this page on their website explains), and three years ago delivered a powerful ruling in the case of Djamel Ameziane, an Algerian who was still held despite being approved for release (a situation currently faced by 56 of the 122 men still held). Read the rest of this entry »

“No Indefinite Detention at Guantánamo,” US Claims, Defying Reality

We live in surreal times. President Obama, who promised “hope and change,” has, instead, proven to be a worthy successor to George W. Bush as a warmonger and a defender of those in positions of power and authority who authorized the use of torture.

In addition, when it comes to another hallmark of Bush-era crimes — indefinite detention without charge or trial, for those that the Bush administration identified as “enemy combatants” — President Obama has gone further than his predecessor.

After the sustained paranoia of the first few years after the 9/11 attacks, President Bush found his policies challenged by the Supreme Court, and subjected to international criticism, and began to back down. Obama, however, having promised to close Guantánamo, but then having discovered that it was politically difficult to do so, has contented himself with finding justifications for continuing to hold the 166 men still at Guantánamo, possibly for the rest of their lives.

This is in spite of the fact that over half of them (86 men in total) were cleared for release by an inter-agency Guantánamo Review Task Force established in 2009 by President Obama himself, consisting of around 60 officials from the main government departments and the intelligence agencies, who met every week to examine the prisoners’ cases, and to decide who should be released, who should be tried, and — shockingly — who should continue to be held without charge or trial, on the basis that they were too dangerous to release, even though insufficient evidence existed to put them on trial. Read the rest of this entry »

Inter-American Commission on Human Rights Calls for Release of Djamel Ameziane, an Algerian in Guantánamo

As published on the “Close Guantánamo” website. Please join us — just an email address required.

On March 30, the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), issued what was described as “a landmark admissibility report” in the case of Djamel Ameziane, an Algerian held at Guantánamo, who, like the majority of the 171 men still held, has been detained for over ten years without charge or trial. The IACHR is one of the principal autonomous bodies of the OAS, whose mission is “to promote and protect human rights in the American hemisphere.” Its resolutions are binding on the US, which is a member state. As Djamel’s lawyers at the New York-based Center for Constitutional Rights (CCR) explained in a press release:

This ruling marks the first time the IACHR has accepted jurisdiction over the case of a man detained at Guantánamo, and underscores the fact that there has been no effective domestic remedy available to victims of unjust detentions and other abuses at the base. The IACHR will now move to gather more information on the substantive human rights law violations suffered by Djamel Ameziane — including the harsh conditions of confinement he has endured, the abuses inflicted on him, and the illegality of his detention.

The IACHR will specifically review the US government’s failure to transfer Djamel Ameziane or any man detained at Guantánamo for more than a year — the longest period of time without a transfer since the prison opened in January 2002. This failure has moved the United States further out of compliance with international human rights law and the precautionary measures issued by the IACHR to Djamel Ameziane (2008) and other detained men (2002). 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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