Guantánamo Bay
In November 2017, Marine Brig. Gen. John Baker became the only
person to be convicted and confined under Donald Trump at Guantánamo. As the
chief defence counsel in the military commission of Abd Al Nashiri, he was
convicted of contempt for disobeying an order by the judge when he refused to
reinstate three civilian defence lawyers he allowed to leave the case due to an
ethical breach, which was later revealed to be that they discovered a
microphone hidden in the meeting room where they meet their client months
before they resigned. Al Nashiri’s case itself was indefinitely suspended in
early 2018 and the lawyers have not been reinstated and have not returned to
Guantánamo. A federal judge ruled that the military commission judge in the
case, Air Force Col. Vance Spath, lacked the authority to convict and sentence
the general and acted unlawfully in his unilateral actions.
While no pre-trial hearings ahead of military commissions were held
at Guantánamo in June, periodic review board hearings of “forever prisoners”,
which can clear them for release, resumed. On 19 June, Yemeni Abd al-Salam
al-Hilah had his second full review before the board. Held at Guantánamo for
nearly 14 years and never charged, he pleaded that he no longer presented a
“continuing significant threat” to the United States. Information about the
hearings has recently become less transparent; while statements by prisoners’
personal representatives and lawyers used to be posted on the website prior to
hearings, this is no longer the case. His personal representative said he
simply wishes to see his wife and daughter again and live a quiet family life
in Yemen.
On 26 June, the periodic review hearing of Afghan prisoner Haroon
Al-Afghani was held. He has been held at Guantánamo for over 10 years and has
never been charged. He and his lawyer spoke of his plans for the future and his
wish to reunite with his family. https://www.humanrightsfirst.org/blog/gtmo-detainees-lawyer-review-process-unlikely-lead-transfer
However, as mentioned by Al-Afghani’s lawyer during the hearing,
even if he and other prisoners are cleared by the process, there is no guarantee
they will be released. Five prisoners who were cleared for release under the
Obama administration remain at Guantánamo as the Trump administration has not
sought to comply with the transfer of these prisoners or to seek to return them
to their own countries or safe third countries. The outcome of such hearings
thus appears largely irrelevant. In addition, under the Trump administration,
there is less transparency in the process.
Congress has refused to pay $69
million to construct a new prison to house the defendants in the 9/11-related
and other prisoners who were held in various CIA torture jails before being
brought to Guantánamo, all of whom have restricted access to the outside world. The plan is to turn the top secret Camp 7 prison into a
facility that can accommodate the needs of prisoners who are unlikely to ever
be released into old age. The White House was not pleased that this funding
request was omitted from this year’s draft defence spending law. Not much is
known about Camp 7 and it is shrouded in secrecy, including how much it cost to
build. However, funds have been pledged to improve facilities for US military
personnel stationed at Guantánamo.
Extraordinary Rendition
Following a visit on 23 May
by Pakistani Consul General Aisha Farooqui to Dr Aafia Siddiqui at the Federal
Medical Center in Carswell, Texas, where she is serving her 86-year sentence
after being found guilty in 2010 of attempted murder and assault and bearing a
firearm when she was emerged after having “disappeared” for several years in
Afghanistan, new details have been revealed about her detention and state of health.
The visit was prompted by rumours in the Pakistani media that Dr Siddiqui had
died. “During her two-hour meeting, Farooqui stated, she saw Dr Aafia’s
nervousness and phobias, and fear of everything and everyone at the facility.
It was clear that she was afraid of the jail staff, their violations of her
privacy, repeatedly confiscation of her things, the rampant threat of physical
and sexual abuse and institutionalised rape and bisexuality that she claimed
existed at the FMC Carswell.” Dr Siddiqui told her she had no confidence in the
New York-based lawyers instructed by her sister Dr Fowzia Siddiqui and wished
to return to her previous lawyer Tina Foster. “Aafia also alleged that jail
authorities confiscated her belongings. Her phone calls to family members were
recorded and monitored. When asked why she did not call her mother in Karachi,
Aafia said she didn’t feel comfortable talking to her in the presence of the
jail staff.”
On 25 June, following a hearing in early June, the Pakistan Supreme
Court rejected a petition by Dr Siddiqui’s family to have her repatriated to
serve her sentence in Pakistan. The petition also aimed to introduce a policy
on protecting the fundamental rights of Pakistani prisoners abroad. The court
said it could not bind a foreign authority – having been asked to order its own
government to sign international treaties on the rights and transfer of prisoners
– and suggested she take her case to a US court.
On 28 June, the parliamentary
intelligence and security committee published the findings of its long-awaited report
on the UK’s complicity in rendition and torture after 9/11. The investigation,
which was hindered by not being given full information and not being able to
conduct important interviews, confirmed a pattern of prisoner abuse by the US
with the full knowledge and “tolerance” of the UK authorities, essentially
confirming the UK’s wilful complicity in crimes against humanity. Not only was
the UK aware, but on at least 13 incidents, UK intelligence officers witnesses
torture first hand. On 128 occasions, the UK was told about told but did not
act. However, the report’s finding are not a concern as it concluded that “there was not
any evidence to indicate "UK agency officers or defence intelligence
personnel directly carried out physical mistreatment of detainees".”
https://news.sky.com/story/uk-tolerated-inexcusable-treatment-of-terror-detainees-after-911-11419530
References to torture as “mistreatment”
and media claims that the full truth has now been revealed demonstrate that the
authorities are unapologetic for their wilful abuse of human rights and dignity
and that much has been left unsaid. Furthermore, the fact that no policy on
rendition has even been devised suggests that the practice may be ongoing.
LGC Activities:
The LGC held its monthly Shut Guantánamo! demos outside the US Embassy
in Nine Elms on 7 June at 12-2pm for our next monthly demonstration. Our next
monthly demo for July is on Thursday 5 July at 12-2pm: https://www.facebook.com/events/184976262169585/
All are welcome to join us.
On 15 June, the London Guantánamo Campaign joined other NGOs in adding
its name to a statement issued as a press release urging Donald Trump to close the
Guantánamo Bay prison camp on the 6000th day of its existence. An initiative
by journalist Andy Worthington and the Close Guantánamo campaign, the statement
says: “Every day that Guantánamo remains open is a black mark against America’s
notion of itself as a nation founded on the rule of law, which respects the
rule of law. We call on Donald Trump to close it without further delay, and to
charge or release those still held.” Full statement and signatories here: https://www.closeguantanamo.org/Articles/293-Today-Marks-6-000-Days-of-Guantanamo-Rights-Groups-Including-Close-Guantanamo-Urge-Donald-Trump-to-Close-It
The London Guantánamo Campaign marked UN International Day in
Support of Victims of Torture with a vigil outside the US Embassy in solidarity
with victims of CIA in particular. Around 20 people attended. Thank you to
everyone who joined us.
