I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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 two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.
Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”
Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »
Two days ago I posted excerpts from an interview about Guantánamo and my work that I undertook as part of The Rule of Law Oral History Project, a five-year project run by the Columbia Center for Oral History at Columbia University Library in New York, which was completed at the end of last year.
In this follow-up article I’m posting further excerpts from my interview — with Anne McClintock, Simone de Beauvoir Professor of English and Women’s and Gender Studies at the University of Wisconsin-Madison — although, as in the previous article, I also encourage anyone who is interested in the story of Guantánamo and the “war on terror” — and the struggle against the death penalty in the US — to visit the website of The Rule of Law Oral History Project, and to check out all 43 interviews, with, to name but a few, retired Justice John Paul Stevens of the Supreme Court; A. Raymond Randolph, Senior Judge in the US Court of Appeals for the D.C. Circuit; Ricardo M. Urbina and James Robertson, retired Senior Judges in the US District Court for the District of Columbia; Lawrence B. Wilkerson, Former Chief of Staff to Secretary of State Colin Powell; Joseph P. Hoar, Former Commander-in-Chief, United States Central Command (CENTCOM); former military commission prosecutor V. Stuart Couch and former chief prosecutor Morris D. Davis; Brittain Mallow, Commander, Criminal Investigation Task Force, and Mark Fallon, Deputy Commander, Criminal Investigation Task Force. Also included are interviews with former prisoners, lawyers for the men, psychologists and a psychiatrist, journalists and other relevant individuals.
In this second excerpt from the interview, I explain how, at the time Anne and I were talking (in June 2012), the situation for the Guantánamo prisoners had reached a new low point, as the Supreme Court had just failed to take up any of the appeals submitted by seven of the men still held. These all related to the men’s habeas corpus petitions, and the shameful situation whereby, for ideological reasons, primarily related to fearmongering, a handful of appeals court judges, in the D.C. Circuit Court, had effectively ordered District Court judges to stop granting habeas corpus petitions submitted by the prisoners (after the prisoners secured 38 victories), by demanding that anything that purported to be evidence submitted by the government — however risible — be given the presumption of accuracy unless it could be specifically refuted. Read the rest of this entry »
On Independence Day in the US, I’d like to direct readers to a wonderful resource, The Rule of Law Oral History Project, undertaken by the Columbia Center for Oral History at Columbia University Library in New York. The project’s website explains that The Rule of Law Oral History Project was “initiated in 2008 to explore and document the state of human and civil rights in the post-9/11 world. In its first year, the project conducted a series of interviews with attorneys in order to document legal challenges against capital punishment in the United States. Recognizing important intersections between litigation challenging the administration of capital punishment and the legal architecture of post-9/11 detention policies and practices, the Rule of Law Oral History Project expanded in 2010 to study the statutory and constitutional challenges of the use of the detention facilities at Guantánamo Bay.”
I was interviewed for this project two years ago by Anne McClintock, a delightful interviewer who is Simone de Beauvoir Professor of English and Women’s and Gender Studies at the University of Wisconsin-Madison, and who was very generous in support of my work, as this exchange shows:
Q (Anne): [D]o you know Adam Hochschild?
Q: A wonderful writer. He wrote a fabulous book called King Leopold’s Ghost. He’s a historian; he’s a journalist at [University of California] Berkeley. But he talks about the great forgettings of history, and I think U.S. history is a history that’s based on cultural amnesia. That’s why I think your work is so extraordinarily important because you’re taking this forgotten history, the great forgettings, and you’re insisting in recalling it to memory. Read the rest of this entry »
Two weeks ago, lawyers for Shaker Aamer, the last British resident in Guantánamo, submitted a motion to the District Court in Washington D.C. asking a judge to order his release because of his profound mental and physical health problems. These were confirmed in a report by an independent psychiatrist, Dr. Emily A. Keram, who had been allowed to visit Shaker for five days in December, following a request by his lawyers last October.
I wrote about the motion in an article last week, entitled, “Gravely Ill, Shaker Aamer Asks US Judge to Order His Release from Guantánamo,” and I’m following up on that article by reproducing the passages in Dr. Keram’s report in which Shaker talked about the torture and abuse to which he was subjected in US custody, primarily in the prisons in Bagram and Kandahar in Afghanistan, following his capture in Afghanistan in late 2001. Also included are passages dealing with his 12 years of torture and abuse in Guantánamo, as well as passages dealing with his torture and abuse during his initial detention in Northern Alliance custody. Please note that the sub-headings are my own.
I’d like to thank my friend and colleague Jeff Kaye for posting most of these excerpts from Shaker’s testimony last week, in a widely-read article for Firedoglake entitled, “‘You are completely destroyed': Testimony on Torture from Shaker Aamer’s Medical Report at Guantánamo,” and I hope I’m not treading on his toes by posting it again in the hope of reaching some readers who didn’t catch it the first time around. Read the rest of this entry »
I hope you have time to read my latest article for Al-Jazeera, “Guantánamo Forever,” and to like, share and tweet it if you find it useful. It covers the Periodic Review Boards (PRBs) at Guantánamo, convened to assess whether 46 prisoners designated for indefinite detention without charge or trial by the inter-agency task force that President Obama established after taking office in 2009, or 25 others designated for prosecution by the task force, should continue to be held without charge or trial, or whether they should be recommended for release — even if, ironically, that only means that they get to join the list of 76 other cleared prisoners who are still held. The review boards began in November, and have, to date, reviewed just three of the 71 cases they were set up to review. The fourth, reviewing the case of Ghaleb al-Bihani, a Yemeni, takes place on April 8.
The number of prisoners cleared for release (76) includes the first prisoner to have his case reviewed by a Periodic Review Board, which recommended his release in January, although my Al-Jazeera article is my response to the most recent activity by the review boards — the decision taken on March 5 to continue holding, without charge or trial, a Yemeni prisoner, Abdel Malik al-Rahabi, who has been at Guantánamo for over 12 years, and the review of Ali Ahmad al-Razihi, the third prisoner to have his ongoing detention reviewed, which took place at the end of March.
In the article I explain that the decision to continue holding Abdel Malik al-Rahabi, taken by representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, is a disgrace. Read the rest of this entry »
Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.
As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.
The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »
Last week, I wrote an article, “Guantánamo Prisoner Force-Fed Since 2007 Launches Historic Legal Challenge,” about Emad Hassan, a Yemeni prisoner who is challenging the US authorities’ self-declared right to force-feed him, following a ruling in February by the appeals court in Washington D.C., allowing legal challenges to go ahead and reversing rulings made by lower court judges last summer, who believed that their hands were tied by Bush-era legislation preventing any legal challenges to the running of Guantánamo.
Emad Hassan is one of the most persistent hunger strikers at Guantánamo, and has been on a permanent hunger strike — which has also involved him being force-fed — since 2007. The irony is that, throughout most of this whole period he could have been a free man, as he — along with 74 other men, out of the 154 still held — was cleared for release from Guantánamo by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in January 2009.
That he is held at all is a disgrace, but Yemenis make up 55 of the 75 cleared prisoners, and are held because of concerns about the security situation in their homeland. This is bad enough, given that this is a form of “guilt by nationality” that makes a mockery of establishing a task force review process that is supposed to lead to the release of prisoners, but when it also transpires that some of these men — like Emad — are being force-fed instead of being freed, we are in a place of such dark and surreal injustice that it appears to have no parallel. Read the rest of this entry »
A few days ago, I was delighted to be interviewed by Scott Horton for his radio show. Scott and I first spoke about six and a half years ago, and have spoken numerous times since. Our latest half-hour interview is here, and I hope you have time to listen to it, and to share it if you find it useful.
This time around, Scott was interested in hearing the latest news from Guantánamo, but had also picked up on my recent article highlighting the fact that, on February 7, it was 12 years since President Bush issued a memo explaining that the Geneva Conventions didn’t apply to Taliban and al-Qaeda prisoners seized in the “war on terror,” a memo that opened the floodgates to the use of torture.
This only officially came to an end after the Supreme Court reminded the Bush administration, in Hamdan v. Rumsfeld in June 2006, that all prisoners — with no exceptions — are entitled to the protections of Common Article 3 of the Geneva Conventions, which prohibit “cruel treatment and torture,” and “outrages upon personal dignity, in particular humiliating and degrading treatment.” Even then, although the CIA’s torture program came to an end, torture techniques migrated immediately to the Army Field Manual, which was reissued with the addition of Appendix M, containing those techniques. Read the rest of this entry »
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.
This is a grim time of year for anniversaries relating to Guantánamo. Two days ago, February 6, was the first anniversary of the start of last year’s prison-wide hunger strike, which woke the world up to the ongoing plight of the prisoners — over half of whom were cleared for release by a Presidential task force over four years ago but are still held.
The hunger strike — which, it should be noted, resumed at the end of last year, and currently involves dozens of prisoners — forced President Obama to promise to resume releasing prisoners, after a three-year period in which the release of prisoners had almost ground to a halt, because of opposition in Congress, and President Obama’s unwillingness to overcome that opposition, even though he had the power to do so.
To mark the anniversary, a number of NGOs — the ACLU, Amnesty International, the Center for Constitutional Rights, Human Rights First and Human Rights Watch — launched a campaign on Thursday, “Take a Stand for Justice,” encouraging people to call the White House (on 202-456-1111) to declare their support for President Obama’s recent call for Guantánamo to be closed for good (in his State of the Union address, he said, “With the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantánamo Bay”). Please call the White House if you can, and share the page via social media. Read the rest of this entry »
In the long search for accountability for the torturers of the Bush administration, which has largely been shut down by President Obama, lawyers and human rights activists have either had to try shaming the US through the Inter-American Commission on Human Rights, or have had to focus on other countries, particularly those that hosted secret CIA torture prisons, or had explicit involvement in extraordinary rendition.
Successes have been rare, but hugely important — the conviction of CIA officials and operatives in Italy, for the blatant daylight kidnap of Abu Omar, a cleric, on a street in Milan in February 2003, and the court victory in Macedonia of Khaled El-Masri, a German citizen kidnapped in Macedonia, where he had gone on a holiday, and sent to a CIA “black site” in 2003 until the US realized that his was a case of mistaken identity. In the UK, the whiff of complicity in torture at the highest levels of the Blair government led to pay-offs for the British nationals and residents sent to Guantánamo.
Court cases were also launched in Spain, although they were suppressed, in part because of US involvement (under President Obama), and currently there are efforts to hold the US accountable before the African Commission on Human and Peoples’ Rights for its use of Djibouti in a number of cases involving “extraordinary rendition” and “black sites.” Read the rest of this entry »
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