Nils Melzer, UN Special Rapporteur on Torture, Accuses US of Still Using Torture at Guantánamo, Asks to Visit and Meet Prisoners Unsupervised

An undated photo of anti-torture (and anti-Guantanamo) protestors in New York City.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.

Last week, following Human Rights Day (on December 10), and the third anniversary of the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 torture program (on December 9), the UN Special Rapporteur on torture, Nils Melzer, “appealed to the United States to end a pervasive policy of impunity for crimes of torture committed by US officials,” as a UN press release, issued on December 13, stated.

In a statement, Mr. Melzer, who was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in November 2016, after previously working for the International Committee of the Red Cross and the Swiss government, made reference to the Senate torture report, noting how it “publicly acknowledged the systematic use of torture in US custody,” and stating, “To this day, however, the perpetrators and policymakers responsible for years of gruesome abuse have not been brought to justice, and the victims have received no compensation or rehabilitation.”

He added, “By failing to prosecute the crime of torture in CIA custody, the US is in clear violation of the Convention against Torture and is sending a dangerous message of complacency and impunity to officials in the US and around the world.” Read the rest of this entry »

Guantánamo, The Torture Report and Human Rights Day: America’s Unaddressed Legacy of Torture and Arbitrary Detention

A graphic dealing with CIA torture report, whose executive summary was released in December 2014.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.

 

This time of year has always been a significant time for anyone concerned with human rights to reflect on what has or hasn’t been achieved in the last twelve months, and to make plans for the new year.

A crucial, and long established date is December 10, which the United Nations designated as Human Rights Day in 1950, on the second anniversary of the ratification by the UN of the Universal Declaration of Human Rights (UDHR), which, in a Facebook post on Human Rights Day, I described as “probably the most wonderful aspirational document in human history, born out of the soul-churning horrors of the Second World War.”

The UN, on its Human Rights Day page, says of the UDHR that it “sets out universal values and a common standard of achievement for all peoples and all nations. It establishes the equal dignity and worth of every person. Thanks to the Declaration, and States’ commitments to its principles, the dignity of millions has been uplifted and the foundation for a more just world has been laid. While its promise is yet to be fully realized, the very fact that it has stood the test of time is testament to the enduring universality of its perennial values of equality, justice and human dignity.”

Amongst the UDHR’s 30 articles are prohibitions on the use of torture and cruel, inhuman or degrading treatment or punishment, and arbitrary arrest, as well as the presumption of innocence and the right to a fair trial, all of which have long been of great significance to those like myself who have been writing about Guantánamo and working to get the prison closed. Read the rest of this entry »

Torture Accountability in Canada: After Payments to Three Men Tortured in Syria, Former Guantánamo Prisoner Djamel Ameziane Also Seeks Damages

Abdullah Almalki (center), with Muayyed Nureddin (left) and Ahmad El Maati (right) at a news conference in Ottawa in October 2007 (Photo: Reuters).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.

 

There was some very welcome news from Canada last week, when three Canadian citizens — Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin — were paid $31.25 million (around $25m US dollars, or £18.7m) by the Canadian government as compensation for the government’s key role, via the spy agency CSIS (the Canadian Security Intelligence Service) and RCMP (the Royal Canadian Mounted Police), in arranging for them to be imprisoned and tortured in Syria between 2001 and 2003, when they were wrongly suspected of having some involvement with terrorism.

As the Toronto Star explained on October 26, “The payout was kept secret until this month and is part of a legal settlement that was first reported by the Star in February and announced by the Liberal government weeks later.”

The Star added, “The resolution and accompanying government apology put an end to a nine-year court battle for compensation that has been demanded since 2008,” when then-Supreme Court justice Frank Iacobucci concluded, in a report on their cases, that “Canadian agents labelled the men Islamic extremists and shared information with other countries without proper precautions about its unreliability.” Read the rest of this entry »

Please Read My New Article for Al-Jazeera, About How Torture Victims in Guantánamo Should Be Allowed a Visit by UN Rapporteur Juan Méndez

Ali Abd al-Aziz Ali (aka Ammar al-Baluchi), photographed in Guantanamo by representatives of the International Committee of the red Cross, in a photo made available to his family and later released to the public.Yesterday, I was delighted that Al-Jazeera published my op-ed, “Guantánamo torture victims should be allowed UN visit,” the first op-ed I’ve written for Al-Jazeera for over a year a a half. You can check out my archive of Al-Jazeera articles here.

The op-ed came about as a result of my recently renewed focus on the military commissions at Guantánamo, a broken system that is incapable of delivering justice to the ten men still held who are facing — or have faced — military commission trials. For more, see my recent articles, Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan, and also my recent update of The Full List of Prisoners Charged in the Military Commissions at Guantánamo.

61 men are still held at Guantánamo, and while 20 have been approved for release, and will hopefully be freed soon, and 23 others continue to be held without charge or trial, those men are, at least, subject to periodic reviews of their cases, whereas those facing trials are caught in a system that is proceeding with such glacial slowness that it is uncertain if a date for their trials can be set with any kind of certainty, and this, of course, is a profound failure of justice considering that they have been in US custody for up to 14 years. Read the rest of this entry »

My Photos of the Refugees Welcome March in London, Sept. 17, 2016

Refugees Welcome Here: the march in London on September 17, 2016 (Photo: Andy Worthington).See my photos on Flickr here – and, to show solidarity, join the more than 1.3m people who have signed the petition to the UN endorsing the UN Refugee Agency’s belief that all refugees deserve to live in safety.

Yesterday (September 17), a “Refugees Welcome Here” march and rally took place in London, following up on a massive march in support of refugees that took place in March, which I photographed and wrote about here. Organised by Solidarity with Refugees, the event (on Facebook here) had the support of dozens of organisations, including Action Aid, Amnesty International UK, Freedom From Torture, Friends of the Earth, Help Refugees UK (the main provider of support in Calais), Hope Not Hate, Oxfam and Stand Up to Racism.

There were many thousands of people on the march, which was colourful, noisy and positive, with numerous passionate and poignant handwritten placards and banners, as well as placards produced by some of the many organisations supporting the march.

However, it was impossible not to be disappointed that there were not many more people marching, as the largest humanitarian crisis in the lifetimes of anyone born after the Second World War continues. The statistics are sobering and horrific. As the Observer reported today, in an article entitled, “Why won’t the world tackle the refugee crisis?”: Read the rest of this entry »

Julian Assange: 600+ Rights Groups and Individuals Condemn UK and Sweden for Failing to Recognize UN Arbitrary Detention Finding

A campaigner calling for the release of Julian Assange from his asylum in the Ecuadorian Embassy, June 19, 2014 (Photo: Andy Worthington).Yesterday, March 1, over 600 rights groups and prominent individuals — including Ai Weiwei, Pussy Riot, Naomi Klein, Arundhati Roy, Brian Eno, Ken Loach, Noam Chomsky, John Pilger, the former Greek finance minister Yanis Varoufakis, and the Northern Irish peace activist Mairead Maguire — delivered an open letter to the British and Swedish governments (via the EU reformist group DiEM25), at the 31st United Nations Human Rights Council meeting in Geneva, urging the two governments to respect the finding last month by the United Nations Working Group on Arbitrary Detention that Assange — the WikiLeaks founder, who, in 2010 and 2011, released the Iraq and Afghan war logs, a trove of US diplomatic cables from around the world, and the Guantánamo files, all originally leaked by Chelsea Manning — has been subjected to arbitrary detention. This was “partially,” as the Guardian explained, “on the grounds that Swedish prosecutors used disproportionate methods, including a European arrest warrant, rather than initially interviewing him in the UK.” The statement was delivered to the Swedish and UK Permanent Representatives to the United Nations.

Noam Chomsky said, “Julian Assange should have been freed a long time ago.  The judgment of the UN Working Group is welcome, and should be implemented forthwith.” Mads Andenas, professor of international law at Oxford All Souls, and the UN Special Rapporteur on Arbitrary Detention, said, “UK politicians [have] aimed at weakening the authority of the UN body for short-term opportunistic gain.”

Assange has been living for over three and a half years in the Ecuadorian Embassy, behind Harrod’s, in Knightsbridge, in London, where he first sought asylum in June 2012 to avoid extradition to Sweden to face questioning over rape and sexual assault allegations, which he has always denied. Read the rest of this entry »

On Human Rights Day, A Call for the US to Close Guantánamo, and for the UK to Defend the Human Rights Act

Eleanor Roosevelt holds up a copy of the Universal Declaration of Human Rights in 1948. Roosevelt, the wife of the former US president, who had a deep interest in the rights of refugees, was chosen to chair the UN Human Rights Commission, when it was established on February 16, 1946 to draft a Declaration of Human Rights.

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Over 60 years ago, in the wake of the horrors of World War II, when people with power and influence were determined to do whatever they could to prevent such barbarity from taking place again, the United Nations was established, the Geneva Conventions were rewritten, and representatives of 17 countries drafted the Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly exactly 67 years ago, on December 10, 1948. Human Rights Day itself was established 65 years ago, on December 10, 1950.

A powerful attempt to establish “a common standard of achievements for all peoples and all nations,” the UDHR set out, for the first time, and in 30 articles, fundamental human rights that were to be universally protected.

These include protection from torture and “cruel, inhuman or degrading treatment or punishment,” protection from “arbitrary arrest,” and the right to “a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” The UDHR also stated, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.” Read the rest of this entry »

Six Months After the CIA Torture Report, We’re Still Waiting for Accountability

An excerpt from the executive summary of the Senate Intelligence Committee's report into the CIA's post-9/11 torture program, showing some of the redactions.I’m sure many of us remember where we were on December 9, 2014, when, two years after it was completed, the 500-page executive summary of the Senate Intelligence Committee’s five-year, 6,700-page, $40m report into the CIA’s post-9/11 torture report was released, which I wrote about here and here.

It was a momentous occasion, for which Sen. Dianne Feinstein, and everyone who worked with her to compile the report and and to publish it (or its executive summary, at least), deserve profound thanks. In dark times, in which the US system of checks and balances has gone awry, this was a bright light in the darkness. It also caused British commentators like myself to reflect on the fact that it was something that would never happen in the UK.

That said, however, the widespread sense of horror that greeted the publication of the executive summary, with its profoundly disturbing details that were unknown before — like the “rectal feeding” of prisoners for example — has not, in the six months since, led to firm action to hold accountable those who authorized and implemented the program, which is, of course, unacceptable. As I wrote at the time in my article for Al-Jazeera: Read the rest of this entry »

Former Hunger Striker Abu Wa’el Dhiab and Other Guantánamo Prisoners Freed in Uruguay Discuss Their Problems

Abu Wa'el Dhiab (aka Jihad Dhiab) photographed for the Washington Post by Joshua Partlow in March 2015, four months after his release from Guantanamo.

To donate to support the six men released in Uruguay, please follow this link to a Just Giving page set up by Cage for Reprieve.

A month ago, I wrote a well-received article, “Guantánamo Prisoners Released in Uruguay Struggle to Adapt to Freedom,” looking at the problems faced by the six former Guantánamo prisoners given new homes in Uruguay in December. The six men, long cleared for release, couldn’t be safely repatriated, as four are from war-torn Syria, one is from Tunisia, where, it appears, the US is now concerned about the security situation, and the sixth is Palestinian, and the Israeli government has always prevented Palestinians held in Guantánamo from being returned home.

As I pointed out in my article, and in a follow-up interview with a Uruguayan journalist, “Strangers in a Strange Land: My Interview About the Struggles of the Six Men Freed from Guantánamo in Uruguay,” the former prisoners are struggling to adapt to a new country, in which they don’t speak the language and there is no Muslim community, and in which they are still separated from their families, over 13 years since they were first seized in Afghanistan or Pakistan by or on behalf of US forces.

Most of all, however, I believe that, while there have been murmurings in Uruguay about the men’s apparent unwillingness to work, those complaining are overlooking the fact that all six men are evidently grappling with post-traumatic stress disorder (PTSD) after their long ordeal in a experimental prison where abusive indefinite detention without charge or trial is the norm. Read the rest of this entry »

Why Guantánamo Mustn’t Be Forgotten in the Fallout from the CIA Torture Report

Anti-torture protestors outside the White House in May 2009, after President Obama's first 100 days in office.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.

It’s a week now since the 500-page executive summary of the Senate Intelligence Committee’s 6,700-page report into the post-9/11 CIA torture program was published, and here at “Close Guantánamo,” we are concerned that (a) the necessary calls for accountability will fall silent as the days and weeks pass; and (b) that people will not be aware that the use of torture was not confined solely to the CIA’s “black sites,” and the specific program investigated by the Senate Committee, and that it was a key element of the Bush administration’s post-9/11 detention program — in Afghanistan, in Iraq, and in Guantánamo, where elements of the current operations can still be defined as torture.

The Senate Committee report contains new information, of course — much of it genuinely harrowing — but journalists and researchers uncovered much of the program over the last ten years, and that body of work — some of which I referred to in my article about the torture report for Al-Jazeera last week — will continue to be of great relevance as the executive summary is analyzed, and, hopefully, as the full report is eventually made public.

Mainly, though, as I mentioned in the introduction to this article, it is crucial that the news cycle is not allowed to move on without an insistence that there be accountability. The Senate report chronicles crimes, authorized at the highest levels of the Bush administration, implemented by the CIA and two outside contractors, James Mitchell and Bruce Jessen, who had worked for a military program designed to train soldiers how to resist torture if captured, but who had no real-life experience of interrogations, or any knowledge of Al-Qaeda or the individuals involved (see Vice News’ extraordinary interview with Mitchell here). 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.
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