How the Law Failed at Guantánamo

The isolated prison cells of Camp 5 at Guantánamo, where the “high value detainees,” brought to the prison from CIA “black sites” in September 2006, were recently transferred, after their previous cell block, Camp 7, was judged to be unfit for purpose.

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Just five days ago, on July 11, the prison at Guantánamo Bay marked another sad and unjustifiable milestone in its long history — nineteen and a half years since it first opened on January 11, 2002.

From the beginning, Guantánamo was a project of executive overreach — of the US government, under George W. Bush, deciding, after the 9/11 attacks, that the normal rules governing the imprisonment of combatants during wartime should be swept aside. The men who arrived at Guantánamo were deprived of the protections of the Geneva Conventions, and were designated as “unlawful enemy combatants,” who, the Bush administration claimed, could be held indefinitely. For those who were to be charged with crimes, the Bush administration revived the military commission trial system, last used for German saboteurs in the Second World War, deciding that acts of terrorism — and even some actions that were a normal part of war, such as engaging in firefights — were war crimes. The result was that soldiers came to be regarded as terrorists, and alleged terrorists came to be regarded as warriors, with the former denied all notions of justice, and the latter provided only with a legal forum that was intended to lead to their execution after cursory trials.

The mess that ensued has still not been adequately addressed. Nearly two and a half years after Guantánamo opened, the Supreme Court took the unusual step of granting habeas corpus rights to wartime prisoners, having recognized that the men held had no way whatsoever to challenge the basis of their imprisonment if, as many of them claimed, they had been seized by mistake. That ruling, Rasul v. Bush, allowed lawyers into the prison, to begin preparing habeas corpus cases, but on the same day, in another ruling, Hamdi v. Rumsfeld, the Supreme Court essentially approved Guantánamo as the venue for the exercise of a parallel version of the wartime detention policies of the Geneva Conventions, ruling that prisoners could be held until the end of hostilities — an unwise move, given that the Bush administration regarded its “war on terror” as a global war that ignored geographical context, and could last for generations.

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How the US Fell for Chinese Lies Regarding the Uighurs at Guantánamo, and Why the Uighurs Need Our Support

A cross-post, with my own detailed introduction, of an article by Richard Bernstein for the Atlantic about how the Bush administration overrode its own considered assessments to support the Chinese government's false description of the Uighurs, an oppressed minority from north west China, as terrorists, in relation to 22 Uighurs who had ended up at
An undated photo of supporters of China’s oppressed Uighur people protesting outside the White House about the imprisonment of Uighurs at Guantánamo. The last of the prison’s Uighurs were freed in 2013, but nowadays the Uighurs are suffering from particularly harsh repression from the Chinese government, with at least a million Uighurs arbitrarily imprisoned in internment camps (Photo: futureatlas.com/flickr).

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. If you can help, please click on the button below to donate via PayPal.




 

Thanks to the Atlantic, and Richard Bernstein, former foreign correspondent for Time and the New York Times, for revisiting the story of Guantánamo’s Uighurs, the ethnic group in the prison who were most transparently unconnected to the anti-American activities of Al-Qaeda.

The timing of Bernstein’s article, ‘When China Convinced the U.S. That Uighurs Were Waging Jihad,’ is evidently intended — and with good reason — to highlight the terrible situation faced by the UIghurs, a Turkic group from Xinjiang province in north western China, who are currently facing the harshest clampdown by the Chinese government in a long history of oppression, with at least a million Uighurs “arbitrarily detained in internment camps in Xinjiang, where they are forced to undergo political indoctrination,” as the Guardian explained in November 2018, after the United Nations’ Human Rights Council’s Universal Periodic Review (the first to study China since 2013) had condemned China for its deteriorating human rights record. As Vox explained, Western governments “had the harshest words for China,” with the US chargé d’affaires Mark Cassayre demanding that China “abolish all forms of arbitrary detention” for Uighurs and other Muslim minorities, and calling on the government to  “release the ‘possibly millions’ of individuals detained there.”

Bernstein’s article focuses on how the Bush administration — shamefully — reversed its opinion about the Chinese government’s oppression of the Uighurs in 2002, to justify its imprisonment of 22 Uighur prisoners at Guantánamo, some of whom spent a total of 12 years in US custody, despite it having been obvious to anyone actually paying attention to their cases that, as many of the Uighurs themselves explained, they had only one enemy — the Chinese government — and had no animosity whatsoever towards the US.

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Heroes of the Resistance: Judge James Robart, Who Has Suspended Donald Trump’s Unacceptable Immigration Ban, and Washington State AG Bob Ferguson

Protestors against Donald Trump's immigration ban at Seattle-Tacoma International Airport on January 28, 2017 (Photo: Genna Martin, seattlepi.com).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning over the first two months of the Trump administration.

 

A week after Donald Trump issued his disgraceful executive order banning visitors from seven mainly Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen), District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, appointed by George W. Bush, “granted a temporary restraining order … after hearing arguments from Washington State and Minnesota that the president’s order had unlawfully discriminated against Muslims and caused unreasonable harm,” as the Guardian described it.

In a second article, the Guardian explained that Judge Robart had “declared the entire travel ban unconstitutional,” noting that, although other states are also suing the government, Washington State’s Attorney General Bob Ferguson had “argued the widest case: that the Trump order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.”

Outside the courtroom, Ferguson said, “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately — shuts it down. That relief is immediate, happens right now. That’s the bottom line.” 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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