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Paul Merrell

We were subjected to 'meticulous, daily torture' - freed Gitmo detainee - RT News - 0 views

rt.com/...amo-torture-sudan-detainee-552

war & peace war on terror™ Gitmo torture government secrecy war-crimes

shared by Paul Merrell on 22 Dec 13 - No Cached
  • After years of being held at the US Naval Base in Cuba without trial, Ibrahim Idris, one of two Sudanese detainees released on Thursday, said US prison officials had "systematically tortured" him in the course of his 11-year imprisonment at Gitmo. Idris, who has been described by US officials as mentally ill, delivered his comments in a news conference in Khartoum, just hours after returning home courtesy of a US military plane. Appearing weak and speaking with apparent difficultly, Idris gave a brief account of his lengthy imprisonment at Gitmo. “We have been subjected to meticulous, daily torture," he said. "We were helpless…on an isolated island, surrounded by weapons." He praised the Sudanese government and human rights organizations for working to secure the release of prisoners at Gitmo, which has been called “the GULAG of our times” by Amnesty International. Closed-door military tribunals, for example, have been riddled with problems, including courtroom speakers that have a mysterious tendency for being blocked during key testimony.
  • Another released detainee, Noor Othman Muhammed, was unable to attend the conference because he was recovering in the hospital, Idris said. On Feb. 18, 2011, Muhammed pleaded guilty in a military tribunal to offenses under the Military Commissions Act of 2009, and was sentenced to 14 years confinement, according to a Defense Department news release. In exchange for his guilty plea and Muhammed's cooperation with prosecutors, the military court agreed through a pre-trial agreement to suspend all confinement in excess of 34 months. Idris, who had been designated for transfer since 2009, said some of the former prisoners had pled guilty in a bid to secure their freedom. As Barack Obama wins congressional approval to transfer some prisoners from Guantanamo Bay to their home countries, a released Sudanese inmate spoke of the torture he and others endured at the hands of their American jailers. Approval for a partial detainee release is contained in the National Defense Authorization Act, which passed the Senate by an 84-15 vote on Thursday night.
  • While the bill does not address all of the administration's concerns, its provisions ... will provide the administration additional flexibility to transfer detainees abroad consistent with our national security interests," White House spokesman Jay Carney said earlier Thursday. Of those still held in the prison, five individuals stand accused of participating in the Sept. 11, 2001 terrorist attacks. At the same time, some four dozen detainees are considered “too dangerous” to be released. About half of Gitmo's 158 detainees have been cleared to be released since 2009, yet congressional restrictions prevented that from happening.
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  • A new outbreak of hunger strikes happened in early 2013. By July, 106 of the 166 detainees were on hunger strike, with 45 of them being force-fed.
  • According to Idris, those inmates who participated in these protests were “doubly tortured.” In November, a 19-member task force concluded in a 269-page report, entitled 'Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror', that since September 11, 2001, the Department of Defense (DoD) and CIA ordered medical professionals to assist in intelligence gathering, as well as forced-feeding of hunger strikers, in a way that inflicted “severe harm.” Gitmo officials announced earlier this month that the US military will no longer disclose to the media and public whether prisoners at Guantanamo Bay are on hunger strike, explaining that "the release of this information serves no operational purpose."
Paul Merrell

Al-Qaeda might attack Guantanamo, claims US - Human Rights - Al Jazeera English - 0 views

www.aljazeera.com/...2013851618340986.html

war & peace Gitmo-detainees genital-searches government-humor

shared by Paul Merrell on 07 Aug 13 - No Cached
  • In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".
  • The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.
  • Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.
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  • Secret, or not secret? In response to the court filing, the government on Friday released a partially redacted version of Bogdan's declaration, and argued that the blacked-out passages in the document should remain secret - because they contained sensitive "operational-security information" about Guantanamo. But it appears government lawyers were unaware that another version of Bogdan's declaration - one that contained a different set of redactions - was publicly released last month, in documents filed with the federal appeals court when the government asked Lamberth's decision to be put on hold. Redacted passages that the government says needs to remain secret are unredacted in the earlier version filed on the public record as part of the government's appeal. At the same time, some unredacted passages in the declaration submitted on Friday are redacted in the public version of Bogdan's declaration filed with the appeals court last month.
  • Paul Merrell on 07 Aug 13
     
    Today's free giggle, courtesy of the U.S. Dept. of Justice and Dept. of Defense. So sensitive that it would make Gitmo more susceptible to terrorist attack, Judge. Just ignore that Google Maps view of Gitmo and think about how important it is that we be allowed to fondl ... er, probe those genitals and anuses for contraband and weapons, Judge.  What's that, you say, the intervenor already published the document? We released it last week? Judge ... :-) 
Paul Merrell

A Gitmo Prisoner Alleges He Has Been Tortured Under Obama - Conor Friedersdorf - The At... - 0 views

www.theatlantic.com/...284369

war & peace Gitmo torture Obama

shared by Paul Merrell on 14 Mar 14 - No Cached
  • The torture began under President George W. Bush, Gitmo prisoner Imad Abdullah Hassan alleges. It left him broken. And the torture continues under President Obama. The 34-year-old Yemeni has been a prisoner for 12 years. No charges have ever been filed against him. Though cleared for release five years ago, he remains captive. And in his telling, he is tortured daily by American medical staff and guards. His lawsuit is Imad Abdullah Hassan v. Barack Obama. Be forewarned that his declaration, which comes via the sworn statement of his attorney, is extremely graphic.  Decide for yourself whether his treatment constitutes torture.
Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

america.aljazeera.com/...senate-cia-guantanamo.html

war & peace torture CIA Gitmo-detainees

shared by Paul Merrell on 03 Apr 14 - No Cached
  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
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  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
  • Paul Merrell on 03 Apr 14
     
    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Paul Merrell

Pres Karzai Refuses To Sign Security Deal With U.S. Until All Afghan Citizens Released ... - 0 views

www.youtube.com/watch

war & peace Afghanistan bilateral-security-agreement negotiations

shared by Paul Merrell on 27 Nov 13 - No Cached
  • Paul Merrell on 27 Nov 13
     
    CNN report. Karzai has two new conditions that he laid on Susan Rice: [i] release all 17 Afghan detainees currently held at Gitmo; [ii] no more U.S. troops breaking into Afghan homes, period. I can see the U.S. agreeing to the first point, but the second is probably a deal-breaker if U.S. troops are to remain. The current draft agreement has some very squishy language about the U.S. not entering Afghan homes except when absolutely necessary for military reasons. Which is the same as blank check authorization to break into Afghan homes. And so far no report that Karzai has backed off his refusal to sign, leaving it to the new Afghan President elected in 2014 to do so. So there's still hope that the U.S. will pull out. 
Gary Edwards

The Qatari Deal To Hold The Taliban - The Qataris Have Been Used Before By President Ob... - 1 views

theconservativetreehouse.com/...ama-with-horrific-consequences

Benghazi-coverup Qatar Gitmo-5 Obammunism

shared by Gary Edwards on 09 Jun 14 - No Cached
  • Three months, a naval fleet, 3,000 marines, one Billion dollars, and 450 cruise missiles later, it’s May 2011 and Obama had yet to ask for permission to engage in his offensive war from anyone but himself and the previously noted ‘club of the traveling pantsuits’. Despite the Office of Legal Council (the golfers own legal team) telling him approval is needed, he chose to violate the War Powers Act and more importantly the Constitution. It is critical to remember the political battle being waged at the time over whether President Obama had the authority to take “offensive military action”, without congressional approval,  when the threat was not against the United States. It’s critical because from that initial impetus you find the reason why arming the Libyan rebels had to be done by another method – because President Obama never consulted congress, nor sought permission.
  • Normally, in order to send arms to the rebels lawfully, President Obama would have to request approval from Congress. He did not want to do that.   Partly because he was arrogant, and partly because he did not want the politically charged fight that such a request would engage.  It would hamper his ability to take unilateral action in Libya.
  • So an alternate method of arming the rebels needed to be structured.    Enter the State Department, Hillary Clinton, and CIA David Petraeus. Weapons, specifically MANPADS or shoulder fired missiles, would be funneled to the Benghazi rebels by the State Dept, through the CIA under the auspices of ongoing NATO operations.   May, June, July, August, Sept, 2011 this covert process was taking place. It was this covert missile delivery process which later became an issue after Gaddafi was killed.    It was during the recovery of these missiles , and the redeployment/transfer to the now uprising “Syrian Rebels” when Ambassador Chris Stevens was killed on Sept. 11th 2012.
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  • [O]n July 25, 2012, Taliban fighters in Kunar province successfully targeted a US Army CH-47 helicopter with a new generation Stinger missile. They thought they had a surefire kill. But instead of bursting into flames, the Chinook just disappeared into the darkness as the American pilot recovered control of the aircraft and brought it to the ground in a hard landing. The assault team jumped out the open doors and ran clear in case it exploded. Less than 30 seconds later, the Taliban gunner and his comrade erupted into flames as an American gunship overhead locked onto their position and opened fire. The next day, an explosive ordnance disposal team arrived to pick through the wreckage and found unexploded pieces of a missile casing that could only belong to a Stinger missile. Lodged in the right nacelle, they found one fragment that contained an entire serial number. The investigation took time. Arms were twisted, noses put out of joint. But when the results came back, they were stunning: The Stinger tracked back to a lot that had been signed out by the CIA recently, not during the anti-Soviet ­jihad. Reports of the Stinger reached the highest echelons of the US command in Afghanistan and became a source of intense speculation, but no action. Everyone knew the war was winding down. Revealing that the Taliban had US-made Stingers risked demoralizing coalition troops. Because there were no coalition casualties, government officials made no public announcement of the attack. My sources in the US Special Operations community believe the Stinger fired against the Chinook was part of the same lot the CIA turned over to the ­Qataris in early 2011, weapons Hillary Rodham Clinton’s State Department intended for anti-Khadafy forces in Libya. They believe the Qataris delivered between 50 and 60 of those same Stingers to the Taliban in early 2012, and an additional 200 SA-24 Igla-S surface-to-air missiles.  (link)
  • Gary Edwards on 09 Jun 14
     
    The pieces of the puzzle are slowly coming together, and it isn't pretty. This article connects Qatar, Afghanistan and hero of Benghazi, to the fabulous five terrorist dream team Obama let out of the gitmo prison. Incredible story. excerpt: "How Our Stinger Missiles Wound Up In Afghanistan Being Used Against Our Own Troops: On February 15th 2011 a civil war erupted inside Libya.   Egyptian Islamists previously  freed from jail by the Muslim Brotherhood flooded into Eastern Libya and joined with their ideological counterparts.  al-Qaeda operatives hell bent on using the cover of the Arab Spring to finally rid themselves of their nemesis, Muammar Gaddafi. President Obama chose to ignore an outbreak of violence in Libya for 19 days.  Perhaps Obama was tentative from the criticism he and Hillary received over the mixed messaging in Egypt.  Regardless, eventually Obama was begged to engage himself by leaders from France, The United Kingdom, and Italy. The White House advisors (Emanuel, McDonough, Donolin, Jarrett, Axelrod, Plouffe) were more cautious this time.  Initially Obama ignored the EU requests and later chose to dispatch the Secretary of State, Hillary Clinton, to Europe to address their concerns. "Look, enough with the jokes shorty; you got us into this mess, now the turban heads are laughing at us"… "ah, bot of course, zeah av bullets, no? Vee ave to shoot" For the following 11 days American citizens, including State Dept. embassy officials, were trying to evacuate the country as vast swathes of the country erupted in bloodshed and violence, they became trapped in Tripoli.   A bloody national revolution was underway. The United Nations Security Council held urgent immediate emergency meetings to try to determine what to do.    However, the United States Ambassador to those meetings, Susan Rice, was not present.    She was attending a global warming summit in Africa. Without the U.S. present the United  Natio
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

www.miamiherald.com/...article4263887.html

war & peace GITMO forced-feedings litigation appeal

shared by Paul Merrell on 06 Dec 14 - No Cached
  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
  • Paul Merrell on 06 Dec 14
     
    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Case of Navy nurse who refused to force-feed could put Guantánamo hunger stri... - 0 views

www.miamiherald.com/...of-navy-nurse-who-refused.html

war & peace Gitmo force-feeding litigation

shared by Paul Merrell on 30 Aug 14 - No Cached
  • No decision has been made on whether the U.S. Navy will court-martial a nurse who refused to force-feed hunger strikers at Guantánamo during the summer, the nurse’s commander says.But those who are watching the case say a military trial could put a spotlight on both Guantánamo’s hunger-strike policy and how the military manages medical-ethics issues. Retired Navy Capt. Albert J. Shimkus Jr., who teaches at the U.S. Navy War College in Newport, R.I., calls it “an important time, not only for this individual but also an important time for military medicine and how we interact with our patient and the process by which these decisions are made.”
  • The nurse, who has been identified as a Navy lieutenant, reportedly turned conscientious objector after handling months of feedings. He was sent home early to the Naval Health Clinic New England in Newport, R.I., this month after serving with the 139-member Navy medical staff assigned to care for Guantánamo’s 149 detainees.
  • At Guantánamo, “there was an investigation done and currently it’s under review. The process has started.”
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  • As the lieutenant’s commander, it would be up to Pennington to decide what, if any, disciplinary action to pursue. Typically that starts with what is called a 15-6 investigation: a description of what happened and a recommendation of whether to order a court-martial. The captain would not say whether that was the investigation she had received. Whatever the outcome, two former senior military medical officers said the case would serve as a significant precedent in this, the 13th year of the detention center at the U.S. enclave in southeast Cuba, where an undisclosed number of the 149 captives were on a hunger strike Thursday.
  • The case is also likely to drive a review of “the process of how to recuse oneself” when a health provider in uniform navigates the “dual loyalty question” of obligation to the nation versus the obligation to the patient. Retired Army Brig Gen. Stephen Xenakis, a psychiatrist who has examined Guantánamo captives, also says a court-martial could end up putting Guantánamo hunger-strike policy on trial.During the 1980s, he notes, military doctors were allowed not only to refuse to perform abortions but also to proclaim their opposition to doing them, “and we didn’t prosecute them.” But something about medical autonomy changed during the war on terror. “The issue is that, with this war, there has been a shift in what has been the professional autonomy of clinicians. They’ve been subordinated to the combat arms, to the war-fighters,” says Xenakis.
  • Paul Merrell on 30 Aug 14
     
    The case may well put the Gitmo hunger-strike policy on trial. All U.S. military officers are under a general order to disobey unlawful commands. Therefore, it is conceivable to me that the nurse's best defense may well be that the order to force-feed the prisoners was unlawful.
Paul Merrell

9/11 judge 'pulls plug' on trial over Pentagon order | Miami Herald Miami Herald - 0 views

www.miamiherald.com/...article11135684.html

war & peace Gitmo-detainees trial undue-influence ruling

shared by Paul Merrell on 27 Feb 15 - No Cached
  • The 9/11 trial judge on Wednesday froze pretrial hearings in a death-penalty case over a controversial Pentagon order requiring the judges to move permanently to this remote outpost until their cases are over.In a 10-page order, Army Col. James L. Pohl abated the prosecution of alleged 9/11 mastermind Khalid Sheik Mohammed and four accused accomplices until the Pentagon rescinds its move-in order.He ruled that the circumstances surrounding the controversial Jan. 7 relocation order “raise the issue of Unlawful Influence by creating the appearance of improper pressure on the military judge to adjust the pace of the litigation.”Defense lawyers in both the Sept. 11 and USS Cole death-penalty cases have alleged the move is an attempt to illegally rush justice, describing it as a pressure play designed to exile the military judges to Cuba, cut short pretrial hearings and move straight to trial. Unlawful Command Influence, or commanders meddling in the judicial function, is a crime in the U.S. military.
  • Prosecutors have defended the order, designed by a retired Marine general functioning as a war court overseer, as part of an effort to improve resourcing at the crude compound here called Camp Justice.Deputy Secretary of Defense Robert Work signed it within a month of getting a recommendation from the overseer, retired Marine Maj. Gen. Vaughn A. Ary. It stripped military judges hearing Guantánamo cases of their other duties, including presiding at U.S. service members’ courts martial, without consultation with the top lawyers of the Army, Navy and Air Force.So far none of the judges has obeyed it pending clarifications from their overall commanders, called The Judge Advocates General.
  • One 9/11 defense attorney, Jay Connell, said that Pohl “was right to pull the plug on the case” — and recited what he saw as a pattern of government interference.“The FBI has infiltrated a defense team, a former CIA contractor became a defense interpreter, and the Deputy Secretary of Defense has unlawfully attempted to influence the military judge,” said Connell, the death-penalty defender of Mohammed’s nephew, Ammar al Baluchi.
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  • The development came as defense lawyers for the alleged USS Cole bombing mastermind, Abd al Rahim al Nashiri, a Saudi, were questioning the war court overseer, Ary, on what he meant when he proposed the rule change Dec. 9, saying “the status quo does not support the pace of litigation necessary to bring these cases to their just conclusion.”Ary, testifying from his Pentagon headquarters, said that he believed the order to move the war court judges to Guantánamo and strip them of their court martial duties was “influence neutral.”He said he didn’t anticipate the order sidelining progress in the hearings. “Knowing what I knew then, I didn’t believe that it would have this effect, no,” he said, adding, “I stand by that recommendation.”
  • Paul Merrell on 27 Feb 15
     
    Nice. The judge ordered the proceedings be halted until the order for the judges to move to GITMO is rescinded. If not rescinded promptly, the judge will cosider other relief, i.e., dismissing the charges. 
Paul Merrell

Drone memo should reverse Gitmo convictions, attorneys claim - RT USA - 0 views

rt.com/...170260-drone-memo-omar-khadr

war & peace Gitmo-detainees drone-memo DoJ

shared by Paul Merrell on 04 Jul 14 - No Cached
  • Attorneys for a Canadian man who spent a decade detained by the United States military at Guantanamo Bay say details in the Obama administration’s recently released “drone memo” exonerates their client of war crimes.
  • But in a recent court filing [PDF], lawyers for Khadr, now 27, say a just-published US Department of Justice memorandum contains information that directly challenges the American government’s case against their client. Khadr’s attorneys wrote this week that the secret “drone memo” released by the White House last month — the DOJ document that the government relied on to justify the 2010 drone strike in Yemen that killed American citizen and suspected AL-Qaeda member Anwar Al-Awlaki — suggests prosecutors had no place to charge the Canadian teenager with murder in violation of the laws of war after he allegedly killed an American soldier during a firefight in Afghanistan. The DOJ memo itself was a penned by the department’s Office of Legal Counsel in response to the question of whether Central Intelligence Agency officers — who are not members of the US military — can be blamed for war crimes by launching drone strikes. The memo was written in July 2010, and justified the strike that later that year killed Al-Awlaki.
  • "The whole purpose...was to evaluate whether the CIA agents were violating the law," Morison said. "The only reasonable interpretation of that analysis is that there is no such thing (as the common law of war)." On Monday this week, Morrison and the rest of Khadr’s legal counsel, filed a motion in Guantanamo’s appeals court asking that the conviction against their client be vacated.
  • ...2 more annotations...
  • According to a footnote within the memo, released June 24 of this year due to a Freedom of Information Act lawsuit, “lethal activities conducted in accordance with the laws of war, and undertaken in the course of lawfully authorized hostilities, do not violate the laws of war by virtue of the fact that they are carried out in part by government actors who are not entitled to the combatant’s privilege.” "That completely blows away one of the major prongs of the government's theory in all these Guantanamo cases," Sam Morison, Khadr's Pentagon-based lawyer, told The Canadian Press during an interview on Wednesday this week. Although Khadr was charged with violating the “US common law of war” that dates back centuries, his attorneys say the memo concerning CIA drone strikes suggest such legislation simply doesn’t exist.
  • Should Khadr’s attorneys succeed, then a number of cases pertaining to current or former Guantanamo detainees accused of war crimes could be called into question. According to Human Rights Watch, however, only six of the 149 detainees at Gitmo face any formal charges — fewer than the number of prisoners who have died while held there in military custody.
Paul Merrell

Deferential D.C. Circuit Upholds Genital Searches at Guantánamo | Just Security - 0 views

justsecurity.org/...ds-genital-searches-guantanamo

war & peace Gitmo-detainees genital-searches litigation

shared by Paul Merrell on 05 Aug 14 - No Cached
  • I’ve written before about the potential significance of the Guantánamo “counsel access” case–Hatim v. Obama–which raised the question of whether new and especially invasive search procedures at Guantánamo were invalid insofar as they interfered with the detainees’ right of access to counsel. Today, a three-judge panel of the D.C. Circuit upheld the procedures, while claiming to duck the far larger and more important constitutional question the district court had reached, i.e., whether the right of access to counsel in these cases is protected by the Suspension Clause. In the process, the Court of Appeals held that the deferential Turner v. Safley test does apply to challenges to conditions of confinement at Guantánamo–a very big win for the government, and a big setback for the detainees.
  • Paul Merrell on 05 Aug 14
     
    So according to a D.C. Circuit Court of Appeals panel of three judges, if a Gitmo detainee wants to speak with his lawyer, even by telephone, it's okay to search his genitals, before and after the conversation, to prevent smuggling of contraband. This one is begging for reconsideration by all judges in the Circuit, and if upheld, by the Supreme Court.
Paul Merrell

Navy nurse rejects force-feed of Gitmo prisoners - Yahoo News - 0 views

news.yahoo.com/gitmo-prisoners-004533301.html

war & peace Gitmo-detainees Navy-nurse conscientious-objector

shared by Paul Merrell on 17 Jul 14 - No Cached
  • SAN JUAN, Puerto Rico (AP) — A rights lawyer and a U.S. official say a Navy nurse has refused to participate in force-feeding of prisoners who are on an extended hunger strike at Guantanamo Bay.An attorney for the British legal rights group Reprieve said Tuesday in a phone interview from London that the nurse decided against being a participant after deciding the practice was criminal.Attorney Cori Crider says she learned about the case from a 42-year-old Syrian prisoner she represents who is on a hunger strike.Southern Command spokesman Army Col. Greg Julian confirms the report. He says it is the first time a Navy nurse has refused to tube-feed a hunger-striking prisoner. He says the nurse is a lieutenant and has been assigned to other duties at Guantanamo.
  • Paul Merrell on 17 Jul 14
     
    That's probably the end of a military career but I salute the courage of this wo/man.
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

www.miamiherald.com/...article9705209.html

war & peace 9-11 GITMO litigation CIA torture translator

shared by Paul Merrell on 12 Feb 15 - No Cached
  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
  • ...1 more annotation...
  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
  • Paul Merrell on 12 Feb 15
     
    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Gary Edwards

Boston And More Government Lies : Personal Liberty Digest™ - 0 views

personalliberty.com/...oston-and-more-government-lies

Boston Government-Lies False-Flag

shared by Gary Edwards on 02 May 13 - No Cached
  • Gary Edwards on 02 May 13
     
    "However, now we - at least those of us who pay attention - know, thanks to Glenn Beck, the Saudi person of interest is not just some innocent bystander after all. Just hours after the April 15 bombing, Abdul Rahman Ali Alharbi was put on a terror watch list and had an event file created that indicated he was armed and dangerous; and actions began that would lead to his deportation. Alharbi, who is related to a number of terrorists now residing in Gitmo and/or listed as part of al-Qaida, was admitted to the United States under a "special advisory opinion," indicating someone pulled some strings for him. His strings go a long way - all the way to the White House, where Alharbi was a frequent visitor (seven times since 2009). His file contained one prior event, indicating he was already in the terrorism watch list system. Yet even though he's marked as a terrorist, he was allowed in. Perhaps that explains Michelle Obama's hospital visit. Alharbi and the Obamas are friends. After news of his possible deportation leaked, government officials backtracked. Homeland Security Secretary Janet Napolitano refused to answer questions from a Congressman about Alharbi. An Immigration and Customs Enforcement official told Beck a different Saudi was in custody but not connected to the bombing. Someone altered Alharbi's file on April 17 in a way that disassociated him from the bombing, according to Beck, but an original had been printed out and saved. The change happened around the time that first Secretary of State John Kerry and then President Barack Obama met with the Saudi foreign minister - a meeting that wasn't on Obama's schedule. There are photographs on the Internet that purport to show Alharbi with two other Saudis near the bomb site. If the government will lie about who Alharbi is and whether his is a suspect, what else about the official narrative is a lie? Despite initial claims by the FBI that included a request to help identify the two men
Paul Merrell

The Strange Case of the Forgotten Gitmo Detainee - Raymond Bonner - POLITICO Magazine - 0 views

www.politico.com/...t-court-guantanamo-117833.html

war & peace GITMO CIA Zubaydah habeas litigation delay

shared by Paul Merrell on 14 May 15 - No Cached
  • ince being seized in a raid in Pakistan in 2002, Abu Zubaydah has had his life controlled by American officials, first at secret sites where he was tortured, and since 2006 in a small cell in Guantanamo Bay, Cuba. And, thanks to one of the strangest—and perhaps most troubling—legal cases to grow out of the War on Terror, it appears he’s not going to be leaving anytime soon, which was exactly what the CIA always intended. Today, not even his lawyers understand what’s transpired behind closed doors in a Washington, D.C., courtroom. In June 2008, the Supreme Court ruled that detainees at Guantanamo had the right to challenge their imprisonment in federal court and that their cases should be handled “promptly” by the judicial system. The next month, lawyers for Abu Zubaydah, a detainee whose torture and waterboarding in secret prisons was among the most notorious of the Bush years, filed a lawsuit in federal court challenging his detention. The progress of that case has been anything but prompt. While more than 100 Guantanamo detainees have been released since then, and the military tribunals of even more high-profile detainees like 9/11 mastermind Khalid Sheikh Mohammed are moving forward in Guantanamo’s courtrooms, the federal judge hearing Zubaydah’s case has failed to rule on even the preliminary motions.
  • The seemingly intentional inaction has left even experienced court observers baffled. Richard W. Roberts, the U.S. District Court judge handling the suit, is not a particularly slow-moving jurist. His median time for resolving entire cases is slightly over two years; Zubaydah’s case has already been pending 6 years 9 months and 13 days. Because almost the entire file has been kept secret, it’s not possible to know why Roberts, who is the chief judge of the D.C. circuit, has let Zubaydah’s case languish. But this much is clear: Keeping Zubaydah from telling his story is exactly what the CIA wanted from the moment it began to torture him. And it’s exactly what they promised they’d do in 2002 during one of the darkest chapters of the War on Terror. Abu Zubaydah was one of the first al Qaeda suspects to face the harsh new regime implemented by the CIA following 9/11—a regime that FBI agents at the scene tried to prevent.
  • Soon after the agency’s contractors began their program of “enhanced interrogation” at the secret black site in Thailand—placing him in a coffin-size box, slamming him against wall, depriving him of sleep, bombarding him with loud music, as well as waterboarding—they sent an encrypted cable to Washington. The CIA interrogators said that if Zubaydah died during questioning, his body would be cremated. And if he survived the ordeal, the interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life.” Senior officials gave the assurances. Zubaydah, a Saudi citizen, “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released,” the head of the CIA’s ALEC Station, the code name of the Washington-based unit hunting Osama bin Laden, replied. “All major players are in concurrence,” the cable said, that he “should remain incommunicado for the remainder of his life.”
  • ...1 more annotation...
  • The decision to hold Zubaydah “incommunicado” was disclosed by the Senate report on torture, which was released last December. But the judicial inaction on his case has received virtually no public attention. In all, Roberts has failed to rule on 16 motions, 13 of which have been filed by Zubaydah’s lawyers. Several of those allege misconduct by the government.
  • Paul Merrell on 14 May 15
     
    There's an old saying in the Anglo legal tradition, "justice delayed is justice denied." To delay a habeas corpus proceeding is the antithesis of what that writ is all about; promptly freeing those unlawfully held. 
Paul Merrell

Obama's Lawyers: Let's Extend the 9/11 Wars Forever - The Daily Beast - 0 views

www.thedailybeast.com/...end-the-9-11-wars-forever.html

war & peace Obama Afghan-War Gitmo-detainees

shared by Paul Merrell on 23 Apr 15 - No Cached
  • President Obama has said the United States’ combat mission in Afghanistan is over, and that the 13-year-long war there has come to an end. Top lawyers in his administration have a different message: Not so fast. Obama stated unconditionally in his State of the Union address in January that “our combat mission in Afghanistan is over.” But in a recent speech to the annual meeting of the American Society of International Law, an often-used venue for Obama administration officials to make extensive remarks on national security policy, the Defense Department’s general counsel seemed to reinterpret the president’s earlier statements. The lawyer appeared to walk back his more emphatic pronouncements about the end of America’s longest war.
  • “Although our presence in [Afghanistan] has been reduced and our mission there is more limited, the fact is that active hostilities continue,” Stephen Preston, the Pentagon’s top lawyer, said in a speech April 10. And, he added, “There is no doubt that we remain in a state of armed conflict against the Taliban, al Qaeda, and associated forces as a matter of international law.” Preston’s observations were supported by facts:
  • Justice Department lawyers are likely being put in the awkward position of having to argue against the president’s own statements. On Friday, U.S. attorneys filed a motion opposing an argument by an accused Taliban member held at Guantanamo Bay, Mukhtar al Warafi, that he should be released because Obama has said the war in Afghanistan is over, erasing any legal grounds to continue holding him. The government's response is classified. But legal experts told The Daily Beast that to counter Warafi’s claims, U.S. lawyers will almost certainly have to argue that despite what Obama has said, there is still a state of armed conflict against the Taliban, meaning the U.S. may continue to hold Warafi.
  • ...1 more annotation...
  • For how long? While not commenting on Warafi’s case, Preston predicted that the conflict may outlast Obama’s time in office. “Active hostilities will continue in Afghanistan (and elsewhere) at least through 2015 and perhaps beyond,” he said. Warafi may have kicked off a trend. Lawyers working with other Guantanamo detainees told The Daily Beast that another man held on the island prison, Faiz Mohammed Ahmed Al Kandari, is also petitioning the government to release him, using the same argument as Warafi. The legal briefs in his case haven’t been made public and the government has yet to file its response.
Paul Merrell

Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

www.miamiherald.com/...article11100089.html

war & peace Gitmo-detainees trials pressuring-judges civil-liberties fair-trial

shared by Paul Merrell on 26 Feb 15 - No Cached
  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
  • ...2 more annotations...
  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
Paul Merrell

Marco Rubio Would Reopen Gitmo, Reverse Obama Foreign Policy - ABC News - 0 views

abcnews.go.com/...story

Auction 2016 Rubio foreign policy neocons war & peace

shared by Paul Merrell on 15 Apr 15 - No Cached
  • Sen. Marco Rubio's foreign-policy platform has a theme: undoing some of President Obama's biggest decisions. That would include reopening the military prison at Guantanamo Bay, Cuba, if Obama succeeds in closing it as the president promised at the outset of his first term in the White House. "Absolutely," the Florida Republican said when asked whether he would reopen the prison in an exclusive interview with ABC's George Stephanopoulos, his first as a presidential candidate.
  • "Here's why," Rubio continued. "We no longer, on an ongoing basis, detain terrorists, and so we're not getting interrogation. They're killed by a drone, or they're targeted in some other way, but there's tremendous value in capturing people that are enemy combatants and, from them, being able to gather actionable intelligence that can not only prevent attacks against the homeland and abroad, but allow us to disrupt their cells that they've created in different parts of the world." Rubio, who publicly announced his 2016 run for president in the exclusive ABC interview, had previously supported keeping the prison open. Home to military detainees from the U.S. "Global War on Terror" from the George W. Bush presidency, Obama has sought to transfer detainees out of the prison but has struggled to close it despite his pledge to do so. Rubio also vowed to reverse course on Obama's recent diplomatic endeavors with Iran, with which the United States is working to finalize a nuclear pact, and Cuba, with which Obama has opened diplomatic relations.
  • "I think from a national-security perspective, this deal with Iran is an extremely dangerous one," Rubio said when asked what he would do on his first day as president. "I think the next president of the United States is going to have to deal with that on day number one." Of the diplomatic opening with Cuba, Rubio said, "I would reverse every single one of the decisions that [Obama] made."
  • Paul Merrell on 15 Apr 15
     
    Rubio goes full neocon.
Paul Merrell

Prison Dispatches from the War on Terror: Gitmo Detainee's Life an "Endless Horror Movi... - 0 views

firstlook.org/...inee-life-endless-horror-movie

war & peace civil-liberties Gitmo-detainees al-Alwi IACHR-petition

shared by Paul Merrell on 27 Mar 15 - No Cached
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view.
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view
  • Al-Alwi, who has described his strike as “a form of peaceful protest against injustice,” has said that he will not resume eating until there is some sort of legal resolution to his case. Prison officials have responded to his hunger strike by placing him in solitary confinement, denying him access to prescribed medical items and subjecting him to extreme temperatures in his cell. 
  • ...4 more annotations...
  • According to the petition, al-Alwi’s nostril passages have now swelled shut due to the extra large tubes prison authorities have repeatedly forced down his nasal cavity during this feeding process. He also maintains that the force-feeding sessions have led to heavy vomiting and daily blood loss. Shackled to a chair for hours each day during the force-feeding sessions, al-Alwi now suffers severe back pain and other debilitating physical injuries. In his petition, al-Alwi describes his life in Guantánamo as “an endless horror story.” In April 2013, a delegation from the International Committee of the Red Cross conducted a visit to Guantánamo to meet with detainees and assess conditions there. On the day immediately following their departure, armed guards raided a cellblock housing al-Alwi and several other hunger-striking detainees while they prepared for communal prayers.
  • The complaint further alleges that prisoners were physically assaulted by guards during this raid, some of whom fired rubber-coated steel bullets at them. Al-Alwi was among those wounded, with bullets hitting him in his thigh, elbow and back as he tried to flee from guards firing at him; those shots were allegedly fired from the other side of a chain-link fence. Al-Alwi says that he has never received adequate medical treatment for these wounds; he was handcuffed and left to bleed for 20 minutes by guards before a doctor arrived. A few of his wounds were rubbed with anti-infection cream while the remainder have remained wholly untreated to this day. As a result, al-Alwi says that he suffers chronic and debilitating pain and swelling from these injuries.
  • The circumstances leading to al-Alwi’s detention at Guantánamo are obscure. One of hundreds of young Arab men who were captured by Pakistani bounty hunters following the Sept. 11 attacks, al-Alwi was not a known or wanted terrorist, but was nonetheless turned over to U.S. troops by locals in Pakistan for a cash reward later that year. On Jan. 16, 2002, he arrived at Guantánamo Bay where he has remained ever since. A 2006 report by Amnesty International found that cash bounties offered for turning over “terrorists” to U.S. forces had effectively created a lucrative cash market for capturing young Arab men in Pakistan and Afghanistan. Fliers distributed by the U.S. government in the region offered “millions of dollars” in exchange for turning over purported Al-Qaeda and Taliban members, promising those who were able to render suspects to American custody “enough money to take care of your family, your village, your tribe for the rest of your life.”
  • Al-Alwi says that American interrogators tortured him until he made false confessions about his involvement in terrorism. Despite having now spent over a decade in custody, with no foreseeable prospect of release, he has not been charged with any crime. Describing his brutal treatment by riot guards who come to restrain him for force-feedings, al-Alwi told his lawyers in the petition:  “I weigh less than 100 pounds. I wear braces on both ankles, and both wrists, and one around my lower back. I am five foot five … and they claim that I am ‘resisting’ … How can I possibly resist anyone, let alone these men?”
  • Paul Merrell on 27 Mar 15
     
    "... in the land of the free and the home of the brave" forget about the right to a speedy trial.
Paul Merrell

Morris Davis: Here's why I resigned as the chief prosecutor at Guantanamo - LA Times - 0 views

www.latimes.com/...guantanamo-20171004-story.html

war & peace GITMO-detainees litigation detainees

shared by Paul Merrell on 20 Oct 17 - No Cached
  • en years ago today, I informed Gordon England, then the Deputy Secretary of Defense, that I could no longer serve as chief prosecutor for the military commissions at Guantanamo Bay. I requested immediate reassignment to another post and, within an hour, my request was approved. Soon after, I received an order not to speak to anyone about why I quit.Here’s why I quit. Earlier that day, I had been handed an order, signed by England, that reorganized the chain of command, effective immediately. The order had placed Air Force Brig. Gen. Thomas W. Hartmann above me, and it had placed William J. Haynes II, the general counsel of the Department of Defense, above Hartmann.Haynes, you might recall, signed the infamous torture memo — the one authorizing enhanced interrogation at Guantanamo that was approved by former Defense Secretary Donald Rumsfeld.
  • Hartmann had arrived a few months before, in July 2007, to serve as chief counsel to the official overseeing the military commissions. He was anxious to get convictions and wanted me to use all evidence, regardless of how it was acquired. For two years, my policy had been that the prosecution would not use evidence obtained by torture, because evidence obtained by torture is tainted. By the end of his first month, Hartmann had already tried to challenge this well-established fact. When I learned that two men who sanctioned torture were above me in the chain of command, I concluded that I could not ensure fair trials for the detainees at Guantanamo. Nor could I put my head down and ignore the fact that the United States employed a practice it had long condemned.I wish I could say that, in the following decade, the U.S. recovered from the shock of the Sept. 11 terrorist attacks, recognized the errors it made and regained its legal and moral standing on the issue of torture. That would be fake news.
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