Guantánamo Bay
Activity at Guantánamo this month has been dominated by the resumption of pre-trial hearings in various cases that were suspended due to the Coronavirus pandemic. In most cases, the additional delay has seen a change in defence counsels, as lawyers retire or resign, as well as judges.
The resumption of pre-trial hearings in the case of five men accused of involvement in attacks on New York in September 2001 ended early after a journalist attending the hearing was reported to have contracted Covid-19. The hearing was due to hear arguments by defence lawyers on access to information about the treatment of the prisoners while in secret CIA detention between 2002 and 2006 (before they arrived at Guantánamo).
https://www.nytimes.com/2021/09/17/us/politics/pandemic-guantanamo-9-11-cancel.html
On 20 September, in the case of Abd Al-Rahim Al-Nashiri, currently facing trial and a capital sentence for his alleged involvement in attacks in the Gulf of Aden in 2000, an appeals panel dismissed a ruling by an army judge to allow evidence obtained through torture in determining issues in his pre-trial hearing. However, the ruling did not decide whether or not torture evidence could not be used at all in pre-trial proceedings.
https://www.nytimes.com/2021/09/20/us/politics/torture-terror-guantanamo-bay.html
This ruling was made the day before the pre-trial hearing in this case resumed after almost two years. The hearing has largely been held in closed session with a focus on the use of hidden microphones to eavesdrop on communication between Al-Nashiri and his counsel. Around 85 witnesses have been called to testify on this issue. The hearing was delayed temporarily when two prosecutors participating remotely from Virginia developed Covid-19 symptoms.
https://www.nytimes.com/2021/09/23/us/politics/uss-cole-bombing-guantanamo.html
The judge in this case has also “ordered the deposition of an uncharged Yemeni prisoner, Abdulsalam al-Hela, on questions related to the 2000 suicide bombing of the warship off Yemen, and investigation that followed” [source @carolrosenberg].
The federal appeals court in Washington DC heard the appeal case of
Abdulsalam al-Hela, a Yemeni prisoner who has been held without charge or trial
at Guantánamo for almost twenty years, concerning whether or not he and his
fellow prisoners have du
e process rights under the US constitution. “His
lawyers say his “seemingly endless detention” is “punitive and unjustifiable”
and are urging the court to immediately release their client.” With President
Biden having ended the war in Afghanistan one month ago, the impact this will
have on considering the status of the prisoners will be interesting to see.
Lawyer Wells Dixon from the Center for Constitutional Rights said that the
Biden administration is “fighting in court to continue to hold somebody that it
has decided it doesn’t want to continue to hold in a prison the president has
said he wants to close. It makes no sense except to illustrate a failure of
policy on the part of the Biden administration.” Al-Hela has been approved for
transfer from Guantánamo but remains there nonetheless.
Extraordinary Rendition
As the International Criminal Court (ICC) prepares to expand its investigation into war crimes committed by the Taleban in Afghanistan, it has decided to stop looking into war crimes committed there by the US and its allies, including torture and killings at its secret detention facilities. The Trump administration imposed sanctions on court officials after it opened an investigation into Afghanistan to include the US but new prosecutor Karim Khan has decided to focus on the Taleban’s actions instead, claiming that these actions demand greater attention and resources. It would appear that the US has gotten the outcome it wanted – impunity for it and its allies for torture, kidnap and murder – simply through the change of prosecutor at the ICC. The Biden administration’s stance on the potential of a US investigation is the same as that of the Trump administration, even though it lifted the sanctions. In granting impunity, it allows powerful western nations off the hook, a criticism often levelled at and proven by the ICC’s actions, and undermines the right to justice of the many Afghan and other victims of the US’ torture, unlawful imprisonment and abuse of prisoners in Afghanistan over many years. Earlier this year, taking action similar to that taken by the Guantánamo military commissions, the ICC ruled to allow possible torture evidence in one of its cases.
LGC Activities
In 2017, we held a clown protest to mark the Guantánamo
anniversary. We have a number of clown suits that we no longer need and would
be happy to give, free of charge (if you can collect in London or otherwise
against payment of the postage fee), to an organisation or campaign that may
find them useful. Please get in touch if you are interested.
As of October 2021, the London Guantánamo Campaign will cease to hold its monthly Shut Guantánamo! demonstration outside the US Embassy in London. Inspired by the permanent anti-Iraq War vigil outside Parliament by late campaigner Brian Haw, in February 2007, we started a regular monthly (weekly until 2008) protest outside the US Embassy in solidarity with the prisoners at Guantánamo Bay and to remind the US authorities that their illegal prison camp was not forgotten. At the time, we said that we would discontinue our protests once Guantánamo was shut, little realising it would still be open for business 20 years later. Over the years, we have also stood in solidarity with other prisoners too. The relocation by the US Embassy to Nine Elms in 2017 involves architecture hostile to protest and offers little opportunity for meaningful protest. We were not put off by this and, over the past 14 years, only moved our protest online for around one year due to the 2020 pandemic lockdown. This summer we returned to our regular protest. However, with falling numbers of attendees and the fact that the Guantánamo prisoners (of whom 39 remain) are largely unknown to or forgotten by the general public, we have decided to suspend this form of protest. Nonetheless, we remain in solidarity with the remaining prisoners, those who have been released, many of whom continue to suffer persecution and the effects of illegal US detention and torture after their release, and other prisoners subject to arbitrary detention and torture worldwide, especially in the War on Terror. When appropriate, we will protest outside the US Embassy and continue to protest and call for the closure of Guantánamo and justice for present and past prisoners.
Noel Hamel, a regular protester over the past decade says: “We are very sad to discontinue the regular monthly protest though we are no less concerned. For very good reason, it is a principle that people aren't seized and abused randomly. Overwhelmingly the 800 prisoners in Guantanamo were released because there was no evidence of wrong-doing, (in normal language we say they weren't guilty of anything). If 39 remain then around 760 innocent people were abused in Guantanamo. It isn't clear why the innocent were released slowly over years, some many years after they had been "cleared for release". Little is understood about the 39 remaining or the processes they are subjected to or why. Many people falsely believe prisoners were encountered in suspicious circumstances "on the battlefield" in Afghanistan - not so. The details and stories of the prisoners could fill volumes. Overwhelmingly prisoner's weren't apprehended in a recognised legal manner but were capriciously seized with prejudice and bigotry the principle motivators like Medieval Witch Hunts. Guantanamo and everything associated with it has set back the course of judicial processes by centuries, and for 39 men it continues. No reasonable person opposes justice and legal punishment, but Guantanamo is an example of capricious sadism for the sake of it. Possibly some kind of misplaced retribution for the attacks of 9/11 with which the 800 overwhelmingly had no connection. How could we not protest and shouldn't we be concerned about the appalling example it sets and what it bodes for others in future.”
We thank everyone who has joined us at these protests since February 2007 and hope you will join us at future protests until Guantánamo closes.
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| How we started in 2007 |
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| How we ended in 2021 |
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