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.
https://www.washingtonpost.com/politics/courts_law/guantanamo-due-process-case/2021/09/29/09ad4982-206a-11ec-8200-5e3fd4c49f5e_story.html
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.
https://www.newsweek.com/us-wont-investigated-claims-torture-mistreatment-afghanistan-icc-says-1632997
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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