Another Legal Hero in the Struggle Against Trump’s Bigotry: Hawaii’s Judge Derrick Watson Issues Nationwide Restraining Order on Immigration Ban

Demonstrators hold signs at Hartsfield-Jackson International Airport in Atlanta on January 29, 2017 after Donald Trump issued his first Muslim ban (Photo: Branden Camp/AP).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.

 

Congratulations to District Judge Derrick K. Watson, in Hawaii, who, on Wednesday, issued what the Washington Post described as “a sweeping freeze of President Trump’s new executive order hours before it would have temporarily barred the issuance of new visas to citizens of six Muslim-majority countries and suspended the admission of new refugees.” I wrote about the original ban here, and the rulings shutting it down here and here, and wrote a follow-up about the reissued ban here, on March 7.

With some accuracy, the Post described Judge Watson’s 43-page opinion as “blistering,” adding that it “pointed to Trump’s own comments and those of his close advisers as evidence that his order was meant to discriminate against Muslims,” and noting that Judge Watson “declared there was a ‘strong likelihood of success’ that those suing would prove the directive violated the Constitution.”

In particularly damning language, Judge Watson declared that “a reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion.” Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

For Review Board, Revelations That Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before Capture

Guantanamo prisoner Mohammed al-Qahtani, in a photo taken before his capture in 2001.I wrote the following article — as “Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before His Capture” — 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, a Periodic Review Board at Guantánamo raised a number of uncomfortable questions for the US authorities: what do you do with a prisoner allegedly involved with Al-Qaeda, but who you have tortured? And what do you do if it then transpires that, before you captured and tortured this man, he already had a history of severe mental health problems?

The prisoner in question is Mohammed al-Qahtani, the 47th prisoner to face a PRB, since they were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials. Tortured for 50 days straight at the end of 2002, he was “subjected to constant interrogations marked by extreme sleep deprivation, low temperatures, stress positions and forced nudity as well as being threatened with a military dog,” and “had to be hospitalized twice with a dangerously low heart rate,” as the Washington Post described it last week.

It was also in the Washington Post, in January 2009, that, for the first, and, to date, only time, a senior Pentagon official, Susan Crawford, the convenor of Guantánamo’s military commissions, admitted that a prisoner in US custody had been tortured. “We tortured Qahtani. His treatment met the legal definition of torture,” Crawford said, adding that that was why she didn’t refer his case for prosecution, even though he had been charged in February 2008 with five other men who are still facing prosecution for the 9/11 attacks. Read the rest of this entry »

Playing Politics with the Closure of Guantánamo

A campaigner reminds President Obama of his promise to close Guantanamo on January 11, 2013, the 11th anniversary of the opening of the prison (Photo: Andy Worthington).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.

Supporters of the “Close Guantánamo” campaign have long been aware that the very existence of the “war on terror” prison at the US naval base in Guantánamo Bay, Cuba is an affront to all notions that the United States respects justice and the rule of law, and we remember that as the closure of the prison becomes, yet again, an undignified game of political football, with Congress continuing to erect obstacles to the release of prisoners and the transfer of anyone to the US mainland for any reason, and the Obama administration trying to come up with a workable plan for the prison’s closure.

Although Congress, the week after the 9/11 attacks, passed a law — the Authorization for Use of Military Force — that purports to justify the detention of prisoners without charge or trial at Guantánamo, and the Supreme Court ruled in June 2004 that the government can hold them until the end of hostilities, this thin legal veneer has persistently failed to disguise the fact that everything about Guantánamo is wrong.

The Bush administration established the prison to be beyond the reach of the US courts, and for nearly two and a half years the men — and boys — held there had no rights whatsoever. In a second decision delivered in June 2004, the Supreme Court ruled that they had habeas corpus rights, a decision that allowed lawyers into the prison, breaking the veil of secrecy that had shrouded the prison for all that time, enabling torture and other forms of abuse to take place. Even so, it was not until June 2006 that the Supreme Court, in another ruling, reminded the administration that no one can be held without rights, and that Common Article 3 of the Geneva Conventions, which prohibits torture and “humiliating and degrading treatment,” applied to everyone in US custody. Read the rest of this entry »

The Good, the Bad and the Ugly: Truth, Lies and Distortions in the Coverage of Shaker Aamer, Soon to be Freed from Guantánamo

Shaker Aamer, photographed at Guantanamo in 2012.In the week since it was announced that Shaker Aamer, the last British resident in Guantánamo, is to be released, to be returned to his family in the UK, there has been a huge sigh of relief from the many, many people who campaigned for his release — supporters of the long-standing Save Shaker Aamer Campaign, which I have been involved with for many years, attending protests and speaking at events, of We Stand With Shaker, the campaign I established with Joanne MacInnes last November, which drew huge support for photos of celebrities and MPs standing with a giant inflatable figure of Shaker, and supporters of the Shaker Aamer Parliamentary Group, established last November by John McDonnell MP, a persistent supporter of worthy causes and fighter against injustice, who, with Caroline Lucas (our sole Green MP), Jeremy Corbyn and Shaker’s constituency MP, Jane Ellison, has been the most consistent MP supporting Shaker’s cause.

My article celebrating the news of Shaker’s forthcoming release was liked and shared by over 1,500 people on Facebook. Posted on the Close Guantánamo page, it has reached over 21,000 people; on the We Stand With Shaker page it has reached over 11,000 people. Thank you to everyone who has supported the various campaigns to secure Shaker’s release, including the MPs who traveled to Washington D.C. in May to call for his release, meeting with Senators and Obama administration officials — David Davis and Andrew Mitchell of the Conservatives, and Jeremy Corbyn and Andy Slaughter of the Labour Party.

Now, of course, Jeremy is the leader of the Labour Party, and John McDonnell is the shadow chancellor — a wonderful development for those who care about tackling injustice. Jeremy was elected on an anti-austerity platform, and because of his honesty and decency, and all of the above was apparent in his speech as leader to the Labour Party Conference, when he specifically thanked Shaker’s supporters, and in particular the Save Shaker Aamer Campaign: Read the rest of this entry »

Obama to Release Ten Guantánamo Prisoners Including Shaker Aamer, Says Washington Post

Shaker Aamer's sons outside the Houses of Parliament on March 17, 2015, before a Parliamentary debate about his father's case (Photo: Andy Worthington).The media is suddenly buzzing with the suggestion, first aired in the Washington Post, that all the men approved for release in Guantánamo — 57 out of the 122 men still held — will be freed by the end of the year, and, if Congress proves obstructive, the Obama administration might close the facility before the end of Obama’s presidency by unilaterally moving the remaining prisoners to the US mainland.

Realistically, however, it might be wisest to view these suggestions as the administration stating its best-case scenario.

It is certainly true that the release of prisoners is likely to resume soon, with willingness on the part of the administration, and with the new defense secretary, Ashton Carter, imminently to be presented with a number of cases to sign off on. According to US law, implemented in the last few years, Congress must be notified of intended releases 30 days before they happen, but this is not a process that involves significant roadblocks. 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 »

Poland and Lithuania Haunted by Their Involvement in Hosting CIA Torture Prisons

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 »

African Human Rights Commission Hears Evidence About CIA Rendition and Torture Case from 2003

Last Saturday, for the first time, the African Commission on Human and Peoples’ Rights, founded in 1986, heard a case relating to the program of rendition and torture established under George W. Bush after the 9/11 attacks, with particular reference to US crimes committed on African soil.

The case was brought by the Global Justice Clinic, based at the Center for Human Rights and Justice at New York University School of Law and by the London-based INTERIGHTS (the International Centre for the Legal Protection of Human Rights), and it concerns the role played by Djibouti, in the Horn of Africa, as part of the program of rendition, secret detention and torture run by the CIA on Bush’s orders, with specific reference to the case of Mohammed al-Asad, a Yemeni citizen, who, as the Global Justice Clinic explained in a press release, “was secretly detained, tortured and interrogated in Djibouti for several weeks in 2003 and 2004 before being forcibly transferred to a CIA ‘black site.'”

As the press release also explained:

In December 2003, Mohammed al-Asad was abducted from his family home in Tanzania and taken to a secret detention site in Djibouti where he was placed in isolation in a filthy cell, interrogated, and subjected to cruel treatment. He was deprived of all contact with the outside world, and was not able to contact a lawyer, his family, or the ICRC. After two weeks, Djibouti handed al-Asad to CIA agents who assaulted him, stripped him naked, photographed him, then dressed him in a diaper, and strapped him to the floor of a CIA transport plane. He endured 16 months of secret detention before he was transferred to Yemen and eventually released without ever being charged with a terrorism-related crime. Read the rest of this entry »

Will the End of War in Afghanistan Spur Obama to Close Guantánamo?

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.

The short answer to the question, “Will the End of War in Afghanistan Spur Obama to Close Guantánamo?” is probably no, for reasons I will explain below, although it is, of course, significant to numerous interested parties that the withdrawal of US troops from Afghanistan next year provides an opportunity for new discussions about the ongoing detention of 164 prisoners at Guantánamo, and, probably, new legal challenges on their behalf.

On October 18, the Washington Post discussed these issues in an article entitled, “Afghan war’s approaching end throws legal status of Guantánamo detainees into doubt,” in which Karen DeYoung suggested, “The approaching end of the US war in Afghanistan could help President Obama move toward what he has said he wanted to do since his first day in office: close the US prison at Guantánamo Bay, Cuba.”

The article described how officials in the Obama administration were “examining whether the withdrawal of US troops at the end of 2014 could open the door” for some of the remaining 164 prisoners “to challenge the legal authority of the United States to continue to imprison them.” 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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