Guantánamo Bay
Yemeni prisoner, Moath al-Alwi, who was kidnapped in Pakistan in 2001
and has been held at Guantánamo since 2002 has filed a petition in the US
Supreme Court seeking a judicial review into the grounds for his ongoing
detention without charge or trial. Al-Alwi disputes his classification as an
enemy combatant and is currently being held as a “forever prisoner”, indefinitely without charge or trial. Previously, he has brought court cases to
challenge the basis of his detention – habeas corpus – after Barack Obama
declared the war in Afghanistan over in 2014 and as the nature of the war and
the factions being fought there have changed considerably since 2001, however
these cases were dismissed and hence his case at the US Supreme Court. He has
argued consistently that under the 2001 Authorization for the Use of Military
Force Act, authorising detention at Guantánamo, the US government does not have
the authority to detain him.
Former teenage Canadian prisoner Omar Khadr appeared before a court in
Edmonton, Canada, on 13 December, seeking to have his bail conditions changed
so that he can have a Canadian passport and travel to Saudi Arabia to perform
the Islamic pilgrimage and travel outside of his state without restrictions, as
well as be allowed to communicate freely with his sister Zaynab over the
telephone or Skype, as she lives outside of Canada. On 21 December, Judge June
Ross ruled to maintain his bail conditions as “nothing has changed since the
last time Khadr asked for eased bail conditions and there’s no evidence the
current restrictions create hardship or are needlessly strict.” The bail
conditions which were imposed following his US military court conviction, which
he is appealing, were part of the conditions for his return to Canada and for
him to serve his sentence in the community rather than in a maximum security prison,
as he was held when he was initially returned to Canada. Khadr, who has
married, works and is training as a first responder, has integrated well back
into civilian life. Under the US sentence he was given in 2010, his sentence
should have ended in 2018 and thus he should not be under any restrictions. In
spite of Canada’s liberal credentials, its continued enforcement of a sentence
obtained through torture evidence before a military tribunal and in secret
circumstances that fall far below international standards for a fair trial,
demonstrate that in spite of its large payment to Omar Khadr to avoid further embarrassment
of its awareness and involvement in his torture and crimes against humanity he
suffered, it is prepared to endorse and uphold such treatment of its citizens
and defer to the illegal actions of the USA.
The decision to maintain Khadr’s bail conditions may also simply be a
political manoeuver aimed at signalling Canada’s intentions and hard line with
respect to Canadian nationals currently held as ISIS prisoners in Syria.
Many former prisoners face travel restrictions and the ability to obtain
a passport in their countries upon release. Recently, former Mauritanian
prisoner Mohamedou Ould Slahi has also criticised his government’s refusal to
allow him to have a passport or leave Mauritania.
Although only one prisoner has been released over the past two years of
President Trump’s administration, Periodic Reviews of prisoner status have
continued. On 11 December, the periodic review of Yemeni prisoner Sanad Ali
Yislam Al Kazimi was held. He refused to take part and in short proceedings had
his representative read out a statement that said he refused to engage in the
process as he has “no chance under the current political climate.” He has never
been charged or tried. Five men cleared for release by the board under the
previous administration remain at Guantánamo with no prospect of release.
LGC Activities:
The LGC held its monthly Shut Guantánamo! demos outside the US Embassy
in Nine Elms on Monday 10 December. The change in date was to reflect that 10 December
is Human Rights Days and this year also marked 70 years of the Universal Declaration
of Human Rights, entrenching modern human rights. Articles 5 and 9 ban torture
and arbitrary detention.
Our first demonstration of 2019 will be at 12-2pm on Thursday 3 January
outside the US Embassy, 33 Nine Elms Lane, SW11 7US. Further details here: https://www.facebook.com/events/509161859605292/
Please note that for the first time since 2008 the London
Guantánamo Campaign is not organising a specific event to mark the anniversary
of Guantánamo Bay opening on 11 January. Events are being organised by the
Guantanamo Justice Campaign and Cage. Please refer to these organisations for
details.
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