Guantanamo lawyers

The significance of an appeals court ruling, written by Trump appointee Neomi Rao, claiming that the Guantánamo prisoners do not have due process rights, contrary to Boumediene v. Bush, the 2008 Supreme Court ruling affirming their habeas corpus rights, and a ruling last year, Qassim v. Trump, establishing their due process rights, in direction contravention of this latest ruling.

Some rare good news on the Guantánamo front, as the Inter-American Commission on Human Rights (IACHR), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state, has determined that the US was responsible for the “torture, abuse, and decade-long confinement without charge” of Djamel Ameziane, held for nearly 12 years at Guantánamo, from 2002-13, and has recommended that the US should provide “adequate material and moral reparations” for the human rights violations that he suffered.

For these lockdown days, have a listen to the six-part, four-hour Radiolab series from New York’s WNYC Studios, ‘The Other Latif’, a detailed exploration of the story of Guantánamo prisoner Abdul Latif Nasser, approved for release but still held, by his namesake, Radiolab’s Latif Nasser.

Following the news that a sailor stationed at Guantánamo has been diagnosed with the coronavirus, and is in isolation, here’s a cross-post, with my own introduction, of reflections on the news by Asadullah Haroon Gul, an Afghan “forever prisoner,” who is still held despite there being no compelling reason for his ongoing imprisonment, and who fears for the health of more vulnerable prisoners, like Saifullah Paracha, Guantánamo’s oldest prisoner, who has had a number of heart attacks.

As the coronavirus spreads around the globe with alarming speed, there are fears for the prisoners held at Guantánamo, especially after a US sailor tested positive for the virus last week. Along with my own thoughts, I cross-post an article published on Just Security by Scott Roehm, the Washington Director of the Center for Victims of Torture, pointing out that a number of the prisoners have serious underlying health problems, and calling for a number of appropriate responses from the Trump administration, beginning with letting the prisoners and their lawyers know what policies are in place to deal with the virus, and also including a call for Congress to allow prisoners to be transferred to the US mainland if they need urgent medical care.

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.

A second article about the launch of – and significance of – “Guantánamo [Un]Censored: Art from Inside the Prison,” an exhibition of Guantánamo prisoners’ artwork at CUNY School of Law in New York.

My report about a powerful new exhibition of Guantánamo prisoners’ artwork that has just opened at CUNY School of Law in New York, featuring the work of eleven current and former prisoners, including Khalid Qasim, whose work I saw at a earlier version of the exhibition last month, during my annual US trip to call for the closure of the prison on the anniversary of its opening.

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.

Here’s the video of the panel discussion about Guantánamo that I undertook at the New America think-tank in Washington, D.C. on Jan. 13, with the attorney Tom Wilner. I co-founded the “Close Guantánamo” campaign with Tom in 2012, and we’re grateful that New America has been hosting panel discussions about Guantánamo every year for many years. This year there was a real urgency and anger to our call for the prison to be closed, brought about by three years of Donald Trump effectively sealing the prison shut, even though holding people indefinitely without charge or trial is profoundly unacceptable.