US Supreme Court Supports Lifelong Imprisonment Without Charge or Trial at Guantánamo; Only Justice Breyer Dissents

Guantánamo prisoner and Yemeni citizen Moath al-Alwi, in a photo from Guantánamo included in his classified military file, dated March 2008, and released by WikiLeaks in April 2011, after being leaked by Chelsea Manning. Al-Alwi has been held without charge or trial for over 17 years, but last week had his request for a Supreme Court review of his case turned down.

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 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.

Remember when the US courts used to guarantee the rights of any individual not to be imprisoned indefinitely without charge or trial, in defiance of all accepted domestic and international laws and treaties?

Yes, so do we, but unfortunately all that changed nearly 15 years ago, when the Supreme Court, in a case called Hamdi v. Rumsfeld, dealing with the sole US citizen held at Guantánamo, Yasser Hamdi, born in Baton Rouge, Louisiana in 1980, but living in Saudi Arabia since he was a child, ruled that foreign prisoners held at Guantánamo could be — yes, you guessed it — imprisoned indefinitely without charge or trial.

Hamdi, seized in Afghanistan in December 2001, had been held at Guantánamo until the US authorities realized that he was a US citizen, at which point he was moved to a military brig on the mainland, where he became one of three US citizens or residents held as “enemy combatants” and subjected to torture (the others being US citizen Jose Padilla, and legal resident Ali al-Marri).

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A New Low for Guantánamo’s Credibility: The Brief But Absurd Imprisonment of the Military Commissions’ Chief Defense Counsel

A collage of Brig. Gen. John Baker and Camp 6 at Guantanamo, produced by the Daily Beast.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.





 

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.

In the “you couldn’t make it up” department of Guantánamo absurdity, the prison last week secured its first new prisoner since March 2008 — not an ISIS- or al-Qaeda-related prisoner sent there by Donald Trump, as he persistently threatens to do — but Brig. Gen. John Baker, the Chief Defense Counsel of the troubled military commission trial system.

Writing in Slate, Philip Carter, a senior fellow at the Center for a New American Security and adjunct professor of law at Georgetown University, who briefly served as Deputy Assistant Secretary of Defense for Detainee Policy under President Obama, correctly identified Brig. Gen. Baker’s only offence as having been to “stand[] up for the rule of law and being held in contempt by a judge overseeing the military tribunals at Guantánamo.”

Carter proceeded to explain that the US has two legal systems: the best, “on display every week in federal courthouses, where processes unfold neatly and along well-worn lines established by centuries of statute and precedent,” and the worst, “on display at Guantánamo, where a dispute over government surveillance of defense counsel has resulted in a Marine general being detained (and released two days later) and civilian counsel being threatened with the same fate.” 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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