Wednesday, December 30, 2015

LGC Newsletter – December 2015

British residents:
Shaker Aamer gave his first interviews to the media this month including an interview with the Daily Mail and a television interview with the BBC, in which he talked about his time in Guantánamo and how he is adapting back to normal life since release.

Guantánamo Bay:
The US administration has announced that 17 prisoners are scheduled to be released in January, with the first prisoners due to be released in the first week of 2016. The Kuwaiti parliament has confirmed that a delegation will visit Guantánamo on 5 January to repatriate the last Kuwaiti prisoner Fayiz Al-Kandari, who was cleared for release a few months ago. The releases will bring the prison population down to 90. Currently, 48 prisoners have been cleared for release. A further three prisoners are due to appear before the periodic review board to determine whether they can released as well. Most prisoners who have appeared before the board since it recommenced work in late 2013 have been cleared. The first review will take place on 12 January for Afghan prisoner Haji Hamidullah.
A special report by Reuters has claimed that the Pentagon has deliberately thwarted Obama’s plan to close Guantánamo and delay prisoner releases. However, this does not absolve Barack Obama of his ultimate responsibility to take action to close Guantánamo Bay, as he has promised since 2008. Nonetheless, during a visit to San Bernardino, prior to leaving for his Christmas holidays, Barack Obama yet again affirmed his commitment to close Guantánamo and to go through with his plan to close the facility (and potentially not end indefinite detention) by possibly using executive action if Congress fails to approve it.

On 1 December, Yemeni prisoner, Mustafa Al-Shamiri, 37, appeared before the review board to consider whether he can be cleared for release. During the review, it emerged that he had been wrongly profiled by the US military as an al-Qaida facilitator. The assessment had claimed he had fought in Bosnia in 1995, even though he would have been 16 or 17 at the time. It appears that his name was confused with that of other people. He has thus been held on false premises, like most of the other prisoners, since 2002. A decision on his status has yet to be made.
Another Yemeni ‘forever’ prisoner Zahir Hamdoun, 36, had his review board hearing on 7 December, during which his lawyers said that he realized that it was not possible for him to return to Yemen, and so if he is allowed to be released to a third country, they are prepared to offer him full support, including financial assistance, mental health care, etc. He was captured in Pakistan and handed over to the US in February 2002. The US claims he had been fighting for the Taleban and had run away. It is likely he was sold to the US by the Pakistani military.

On 1st December, the case of Ali Hamza Al-Bahlul, who was convicted by a military tribunal in 2008 and has since had his conviction overturned twice, had his case heard by the federal court of appeals for the third time, with the US government bringing new arguments to try to make the conviction stand. The conviction was originally overturned over 3 years ago and those decisions have led to other convictions being successfully appealed. However, if the US government loses this case again, it will strongly undermine the already weak premise of military commissions, and ultimately detention, at Guantánamo Bay. Some of the legal arguments are discussed here:

Former Yemeni prisoner, Nasser El-Bahri, in his 40s, died in Yemen on 28 December following a long illness, his family has reported. He was released from Guantánamo without charge in 2008. The US military claims he was Osama Bin Laden’s bodyguard.
In June, the last Mauritanian prisoner in Guantánamo and best-selling author of  Guantánamo Diary Mohamedou Ould Salahi filed an application in the courts to try to compel the government to give him an immediate periodic review board hearing for his case to be reviewed and to consider whether he can be cleared for release. The government rejected the application and on 18 December the court rejected it too, claiming that it did not have the jurisdiction to order the government to carry out an immediate review and did not consider the US government to be impeding Ould Slahi’s access to his legal papers.

The latest pre-trial hearing in the case of 5 men accused of involvement in the 9/11 attacks in 2001 took place on 8-11 December, the first military tribunal hearing for almost 10 months. During the hearing, lawyers for the men presented a motion for the case to be dismissed given how slowly it is progressing – an actual trial is unlikely to take place until possibly 2020 – and as statements made by the US president and his administration make it highly unlikely that the men will get a fair trial and have already prejudiced the proceedings. Other issues considered were the use of female guards.

Extraordinary Rendition:
Two US citizens convicted in Italy for their role in the 2003 rendition to torture of Abu Omar, a Milan imam, have received a partial pardon from the Italian president. Robert Seldon Lady, a former CIA agent, had his 9-year sentence reduced to 7 years and Betnie Madero had her 6-year sentence effectively wiped out. The sentences against 26 US citizens were made in absentia and in 2013 Lady was arrested briefly in Panama pending extradition proceedings by Italy. The ruling means that Lady and the other 24 whose convictions stand cannot travel to Europe or they will be extradited to Italy to serve their sentence. Following the Panama incident, Lady had asked for a pardon. Abu Omar and his wife currently have a case before the European Court of Human Rights related to Italy’s complicity in human rights abuses.

On 1st December, Human Rights Watch marked the first anniversary of the US Senate’s report into CIA torture with the publication of a report, No More Excuses, setting out information about the torture report and a roadmap of what states must do not to ensure accountability and prosecutions for those involved.

LGC Activities:
The final Shut Guantánamo demonstration for 2015 was on Thursday 3 December at 12-1pm outside the US Embassy, Grosvenor Sq and 1.15-2.15pm outside Speaker’s Corner, Hyde Park, Marble Arch. There is no monthly demonstration in January. Our next demonstration in February will mark 9 years of this action.

On 8 December, the LGC marked the first anniversary of the partial publication of the US Senate’s CIA Torture Report in December 2014 with a panel discussion focusing on the UK’s involvement and the personal, community and military ramifications of the use of torture. We were joined by Head of Doctors at Freedom from Torture Dr Juliet Cohen and Veterans for Peace UK coordinator Ben Griffin who both made excellent contributions A report of the meeting can be read here:  

Please join us on 11 January to mark 14 years of Guantánamo at our vigil “History in the Making” at 6-8pm outside the US Embassy. We will need volunteers on the day so please let us know if you can help. This is a candlelight vigil with an open mic so contributions –speeches, poems, songs – that are relevant are welcome. All are welcome. Please spread the word: and

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