FBI/CIA

An important update from the military commissions at Guantánamo, normally a ‘Groundhog Day’ of broken justice, where a judge has ruled that Majid Khan, a “high-value detainee” who agreed to a plea deal in 2012, should be allowed to have his sentence reduced because of the torture he was subjected to in CIA “black sites.” This is the first time such a decision has been taken, and it is to be hoped that Khan will now be released before the previously agreed date of 2031.

My report on today’s great news that the Appeals Chamber of the International Criminal Court (ICC) has approved an investigation into war crimes and crimes against humanity committed in Afghanistan since May 2003 by US armed forces and members of the CIA, the Taliban and affiliated armed groups, and Afghan government forces, reversing a decision last year not to proceed with the investigation, which was widely perceived to have come about in response to pressure exerted by the Trump administration. Interestingly, although the US is not a party to the ICC Statute, the Court has jurisdiction over crimes committed by US actors in the territories of other State Parties to the ICC, and the investigation is, therefore, also empowered to look at crimes committed since July 2002 outside Afghanistan – at, for example, “black sites” in Poland, Romania and Lithuania.

My report about the questioning, in pre-trial military commission hearings at Guantánamo, of CIA torture architect James Mitchell, and my hope that those paying attention to the hearings don’t forget that 40 men are still held at Guantánamo, and that all of them are fundamentally deprived of justice, and will be until the prison is closed for good.

With “The Report,” about the Senate report into the CIA torture program, released on Amazon Prime on November 29, here’s a cross-post, with my own commentary, of an op-ed in USA Today by torture victim and Guantánamo prisoner Ahmed Rabbani.

In the week that “The Report” – the film about the Senate report into the CIA’s post-9/11 torture program – is released, I cross-post, with my own introduction, a revealing interview conducted by Vice News with the report’s main author, former Senate staffer Daniel J. Jones.

My report about an application for a judicial review, submitted by the NGO Reprieve and the MPs Dan Jarvis and David Davis, regarding the British government’s refusal to hold a judge-led inquiry into the UK’s post-9/11 complicity in torture, first promised by David Cameron over nine years ago, but not delivered.

My report about a little-noticed ruling by the Ninth Circuit Court of Appeals in the case of Abu Zubaydah, for whom the CIA’s post-9/11 torture program was developed, in which, for the first time, an appellate court has stated that he was tortured, and has also recognized that the Bush administration’s description of him as a member of Al-Qaeda was mistaken. My article also includes a cross-post of an article about the case by Joseph Margulies, who was one of Abu Zubaydah’s lawyers for over ten years.

Marking the 17th anniversary of the “torture memos,” written by John Yoo and approved by Jay S. Bybee, I look at how the US’s decision to embark on a torture program continues to undermine justice, as defense lawyers for the men accused of involvement in the 9/11 attacks are taking exception to claims that the use of torture on their clients can be sidestepped because “clean teams” of FBI agents later interrogated them non-coercively. The lawyers claim – and have evidence to back it up – that actually the “clean teams” were working quite closely with the CIA throughout the whole process.

My report about the publication of “CIA Torture Unredacted,” a 400-page report by Sam Raphael, Crofton Black and Ruth Blakeley, drawing on their nine years of research into the US’s post-9/11 torture program, and, over the last four years, their efforts to “unredact” key information concealed in the executive summary of the Senate Intelligence Committee’s report about the program, released in December 2014.

A cross-post, with my own introduction, of a compelling and very detailed New Yorker article by Ben Taub about former Guantánamo prisoner, torture victim and best-selling author Mohamedou Ould Salahi and his guard Steve Wood.