Last week there was some good news from Bagram, in Afghanistan, bringing one of the many long injustices of the “war on terror” to an end, when Amin al-Bakri and Fadi al-Maqaleh, two Yemenis held without charge or trial since 2002 and 2003 respectively, were repatriated.
Al-Bakri, who is 44 or 45 years old and has three children, was a shrimp merchant and gemstone dealer, and was seized in Thailand on a business trip. Al-Maqaleh, who is 30 years old, was held at Abu Ghraib prison in Iraq before being transferred to Bagram. The site of America’s main prison in Afghanistan from 2002 until its handover to the Afghan authorities in March 2013, Bagram (renamed the Parwan Detention Facility in 2009) also housed a secret CIA prison where al-Bakri and al-Maqaleh were held, and they continued to be held in a secretive US facility that was part of the Bagram/Parwan complex after the handover of Bagram to the Afghan government. According to the International Justice Network, which represents both men, they were also held in other “black sites” prior to their arrival at Bagram.
The men’s release follows years of legal wrangling. Despite official silence regarding the stories of the men held in Bagram’s “black site,” lawyers managed to find out about a number of the men held, including al-Bakri and al-Maqaleh, in part drawing on research I had undertaken in 2006 for my book The Guantánamo Files. Habeas corpus petitions were then submitted, for the two Yemenis, and for a Tunisian named Redha al-Najar, seized in Karachi, Pakistan in 2002, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates, also in 2002. Read the rest of this entry »
As I spend Christmas with family, I recall that, on this Christian holiday, which commemorates the birth of Jesus — drawing on an older tradition of celebrating the winter solstice, and the beginning of the sun’s rebirth after the shortest day of the year — there are other people who are unable to be with their families, including the men in Guantánamo who have been the focus of my work for the last eight years.
In the lull between opening presents and enjoying Christmas dinner, I’m pleased to have the opportunity to make available a recent article from the Huffington Post by Clive Stafford Smith, the director of the London-based legal action charity Reprieve, whose lawyers represent 15 prisoners still held at Guantánamo, including Shaker Aamer, the last British resident in the prison.
I have been writing about Shaker’s case for the last eight years, and will continue to do so until he is freed, as his ongoing imprisonment is a disgrace that ought to disturb the Christmas dinners of the most senior representatives of two governments — the US and the UK — because there is, simply put, no good reason why he is still held, and is not back in London with his family.
The only reason he is still held is because, as an eloquent, forthright and intelligent man, and the foremost defender of the prisoners’ rights since they were first seized, mostly in Afghanistan and Pakistan 12 years ago, he has come to know more than most of the prisoners about the crimes committed by US officials, operatives and military personnel, and the complicity in these crimes of other countries’ representatives, including, of course, the UK. Read the rest of this entry »
As today is the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I’d like to take this opportunity to promote a newly released half-hour documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch, and Stephen Rohde of the ACLU.
The film, the first of a two-part documentary (with the second part to follow later in the year) was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.
Dealing with the illegal invasion of Iraq, the establishment of Guantánamo, “extraordinary rendition,” CIA “black sites,” America’s secret torture program, and the guilt of those responsible for initiating the war, the arbitrary detention and the torture — including George W. Bush, Dick Cheney, Donald Rumsfeld and Condoleezza Rice — the film also covers the case of Ibn al-Shaykh al-Libi, who I spoke about. Read the rest of this entry »
“It is indisputable that the United States engaged in the practise of torture.” These powerful words are from “The Report of the Constitution Project’s Task Force on Detainee Treatment,” a 600-page report involving a detailed analysis of the treatment of prisoners following the terrorist attacks of September 11, 2001. The project took two years to complete, and its conclusions are difficult to dismiss, as the eleven-member panel constitutes a cross-section of the US establishment.
The co-chairs are Asa Hutchinson, who, as the Atlantic described it, “served in the Bush Administration as a Department of Homeland Security undersecretary from 2003 to 2005, and as the administrator of the Drug Enforcement Administration before that,” and James R. Jones, “a former US ambassador to Mexico and a Democratic member of the House of Representatives for seven terms.”
Other members of the panel include “Talbot D’Alemberte, a former president of the American Bar Association; legal scholar Richard Epstein; David Gushee, a professor of Christian ethics; David Irvine, a former Republican state legislator and retired brigadier general; Claudia Kennedy, ‘the first woman to receive the rank of three-star general in the United States army'; naval veteran and career diplomat Thomas Pickering; [and] William Sessions, director of the FBI in three presidential administrations.”
The project was undertaken because, as the Task Force explained, “the Obama administration declined, as a matter of policy, to undertake or commission an official study of what happened, saying it was unproductive to ‘look backwards’ rather than forward.” Read the rest of this entry »
As the world’s media marked the 10th anniversary of the invasion of Iraq on Tuesday, I was honoured to be asked to speak to Dennis Bernstein, the veteran progressive radio host at KPFA in Berkeley.
Dennis and I have spoken before, and it’s always a pleasure to talk with him, but I was particularly pleased that I was asked to speak about Guantánamo as part of a program about Iraq, as far too few people in the media make the connections between the invasion of Iraq, the invasion of Afghanistan, Guantánamo, Abu Ghraib, the use of torture and “black sites.”
At the start of the show, Dennis spoke to Raed Jarrar, an Iraqi exile who works for the American-Arab Anti-Discrimination Committee, and who delivered a searing indictment of the apologist for the Iraq war, ten years on, who pretend that it was, on an level, worthwhile, when, as he pointed out, it led to “one million dead, five million displaced, and the country in a shambles.”
My segment starts at 28 minutes in and last for a quarter of an hour, and began with Dennis asking me to recap how I researched the story of Guantánamo, and got to know about the stories of the men held there (through an analysis of 8,000 pages released by the Pentagon as the result of an FOIA lawsuit), and why the lies told about them — that they were “the worst of the worst” — were so outrageous: primarily, because the majority of the prisoners were bought for bounty payments from their Afghan and Pakistani allies, and because most of what purports to be evidence against them consists of dubious or patently false statements made by the prisoners themselves, or by their fellow prisoners, through the use of torture, abuse, or bribery (the promise of better living conditions). Read the rest of this entry »
Back in March 2009, three foreign prisoners seized in other countries and rendered to the main US prison in Afghanistan, at Bagram airbase, where they had been held for up to seven years, secured a legal victory in the District Court in Washington D.C., when Judge John D. Bates ruled that they had habeas corpus rights; in other words, the right to challenge the basis of their imprisonment under the “Great Writ” that prevents arbitrary detention.
The men — amongst dozens of foreigners held in Afghanistan — secured their legal victory because Judge Bates recognized that their circumstances were essentially the same as the prisoners at Guantánamo, who had been granted habeas corpus rights by the Supreme Court in June 2008.
Unfortunately, the Obama administration appealed Judge Bates’ careful and logical ruling, and the judges of the D.C. Circuit Court agreed, overturning the ruling in May 2010, and returning the three men to their legal black hole.
In April 2011, the Associated Press reported that the three men — Redha al-Najar, a Tunisian seized in Karachi, Pakistan in May 2002; Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand in late 2002; and Fadi al-Maqaleh, a Yemeni seized in 2004 and sent to Abu Ghraib before Bagram — had all been cleared for release by review boards at Bagram, or, as it is now known, the Parwan Detention Facility. Read the rest of this entry »
In a new film for Al-Jazeera, “Songs of War: Music as a Weapon,” the filmmaker Tristan Chytroschek follows “Sesame Street” composer Christopher Cerf on a journey to discover how his music came to be used as a weapon in the Bush administration’s “war on terror” — and also to investigate the history of music as torture.
As the production company, Java Films, explained:
[Christopher Cerf] always wanted his music to be fun and entertaining. But then he learned that his songs had been used to torture prisoners in Guantánamo and Abu Ghraib. He is stunned by this abuse of his work and wants to find out how this could happen. Cerf embarks on a journey to learn what makes music such a powerful stimulant. In the process, he speaks to soldiers, psychologists and prisoners tortured with his music at Guantánamo and find out how the military has been employing music as a potent weapon for hundreds of years.
Last November, a war crimes tribunal established in Malaysia “found George Bush and Tony Blair guilty of ‘crimes against peace’ and other war crimes for their 2003 aggressive attack on Iraq, as well as fabricating pretexts used to justify the attack,” as Glenn Greenwald explained at the time. The seven-member Kuala Lumpur War Crimes Tribunal, established in 2007 by Mahathir bin Mohamad, the Prime Minister of Malaysia from 1981 to 2003, “has no formal enforcement power,” as Greenwald also explained, “but was modeled after a 1967 tribunal in Sweden and Denmark that found the US guilty of a war of aggression in Vietnam, and, even more so, after the US-led Nuremberg Tribunal held after World War II.”
The tribunal “ruled that Bush and Blair’s name should be entered in a register of war criminals, urged that they be recognized as such under the Rome Statute, and also petitioned the International Criminal Court “to proceed with binding charges.” Though symbolic, the purpose was hugely important, as a Malaysian lawyer explained at the time, saying, “For these people who have been immune from prosecution, we want to put them on trial in this forum to prove that they committed war crimes.” In other words, as Greenwald stated, “because their own nations refuse to hold them accountable and can use their power to prevent international bodies from doing so, the tribunal wanted at least formal legal recognition of these war crimes to be recorded and the evidence of their guilt assembled.”
Greenwald also noted, “That’s the same reason a separate panel of this tribunal will hold hearings later this year on charges of torture” against senior US officials, and last week this second tribunal convened, hearing from three witnesses — former Guantánamo prisoner Moazzam Begg, and Abbas Abid and Jameela Abbas, both victims of US torture in Iraq, as well as receiving written submissions from other victims. Read the rest of this entry »
In an extraordinary ruling in the UK yesterday (PDF), the Court of Appeal ordered the British government to secure the release of a prisoner, Yunus Rahmatullah, who is 29 years old, and has been held in the US prison at Bagram airbase in Afghanistan since March 2004. Born in Pakistan but raised in the Gulf States, Yunus was seized by British forces nearly eight years ago, in February 2004, and was then “handed to the US and illegally rendered to Afghanistan,” as the London-based legal action charity Reprieve, whose lawyers represent him, along with lawyers from Leigh Day & Co., explained in a press release.
Despite being held for nearly eight years, Yunus, also known as “Saleh Huddin,” was held incommunicado, unable even to contact his family, for six years, and has only recently been allowed to establish telephone contact with his relatives. Reprieve noted its lawyers and investigators had been “told by multiple sources that, as a result of his abuse in UK and US custody, he is in catastrophic mental and physical shape, and now spends most of his time in the mental health cells at Bagram.”
As Reprieve explained, this “historic decision” also “marks the first time any civilian legal system has penetrated Bagram, a legal black hole where nearly three thousand prisoners — many rendered from all over the world — have been unlawfully held by the US military for up to a decade.” Unlike at Guantánamo, itself an opaque and unjust facility, but one where civilian lawyers have had access since the Supreme Court granted the prisoners habeas corpus rights in June 2004, no civilian lawyer has ever been allowed into Bagram, which, as Reprieve described it, “is notorious for torture and homicides and has been called ‘Guantánamo’s Evil Twin.'” Read the rest of this entry »
Every day, for the last seven months, I have had cause to reflect on the bravery of the whistleblower — Pfc. Bradley Manning, according to the US authorities — who, two years ago, released, to WikiLeaks, a trove of classified US documents — the “Collateral Murder” video, showing US soldiers killing civilians in Iraq in 2007, hundreds of thousands of pages of war logs from Afghanistan and Iraq, over 250,000 diplomatic cables, whose selective release, beginning almost exactly a year ago, drove the news agenda globally for many weeks (and also see my reflections on what they revealed about Guantánamo and US torture), and the military files on the Guantánamo prisoners, released last April.
It is, of course, the Guantánamo files that have encouraged me to think every day about the whistleblower responsible for providing them to WikiLeaks, as we all owe a great debt to whoever it was who leaked them. I worked with WikILeaks as a media partner for the release of these documents, liaising with nine media organisations (including McClatchy, the Washington Post, the Daily Telegraph, Der Spiegel, Le Monde and El Pais), and although their impact was overshadowed — rather conveniently, it seems — after just a week, when Osama bin Laden was killed by US forces in Pakistan, I have continued analyzing them ever since, creating a 70-part, million-word series, “The Complete Guantánamo Files,” which will be complete by spring 2012.
The documents — Detainee Assessment briefs prepared by the Pentagon’s Joint Task Force at Guantánamo — profile all but three of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002, and provide details of what was ascertained about the prisoners, and who provided that information. The documents clarify that many prisoners were completely innocent, detained because the Bush administration arrogantly disregarded the Geneva Conventions, and its tried and tested methods for screening prisoners seized in wartime to make sure that civilians had not been swept up with soldiers. Read the rest of this entry »
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