Showing posts with label CIA. Show all posts
Showing posts with label CIA. Show all posts

Sunday, March 31, 2019

LGC Newsletter – March 2019

Guantánamo Bay
The government stipend for rent and subsistence of former Guantánamo prisoners, all refugees, sent to Uruguay in 2014, has been renewed for a fifth year. The prisoners have cost the Uruguayan state $709,000 over the past four years. A state spokesperson said it would not be renewed again. Of the six sent to the country in 2014, 4 remain: Syrian refugee Jihad Diyab used a false passport to travel to Turkey to reunite with his family, and from where they have possibly been returned to Syria along with other Syrian refugees. Palestinian Mohammed Tahamatan has moved to Argentina and is unlikely to return to Uruguay. Of the four remaining former prisoners, Ahmed Ahjam, a Syrian refugee, has started a business selling Syrian sweets and the others have had small jobs and attended training courses but with no prospect of longer-term or full-time employment.

On 25 March, Alberta judge Mary Moreau ruled that Omar Khadr, former Canadian prisoner, had served his US prison sentence imposed by the Guantánamo military tribunal and ruled him free of any bail or further conditions. Khadr was released to Canada in 2012 and released on bail in 2015 pending his appeal of his conviction in the US. However, that has yet to start and is likely to take many years. Had he remained in prison, his sentence would have expired in October 2018. Thus his lawyers petitioned the court to consider Khadr to be in custody for one further day and then rule him to have served his sentence, which the judge did, and then allowed him to walk free. Although his restrictions have been reduced over the past few years, restrictions remained on his ability to obtain a passport, travel abroad and within Canada and communication with his sister. The ruling should allow him to get on with his life normally while pursuing his US appeal.

Lawyer of Indonesian prisoner Hambali, real name Encep Nurjaman, Major James Valentine has stated that in spite of the US laying formal charges against him last year, first initiated under the Obama administration, the US government is unlikely to take the case to court “because it "can never reveal to the world" how brutally he was tortured”. Instead, he is asking the Indonesian government to use its powers to charge Hambali for offences he is alleged to have committed there and to have him returned to the country to stand trial. His family are also calling for his return to Indonesia, even if it means further imprisonment. Other defendants in the 2003 Bali bombing, which he is accused of involvement in, have already been tried, convicted and executed in Indonesia. The Obama administration had previously sought to have him extradited to Malaysia as he would also face the death penalty there. After he was kidnapped and extraordinarily rendered, he was held in secret CIA prisons where he was brutally tortured – his lawyer says he shows the physical effects of this – before being sent to Guantánamo where he is held in a top-secret block with little access to anyone else. Although the offences for which the US would like to try Hambali took place in Indonesia, the Indonesian government has shown no interest in prosecuting him.

Former Mauritanian prisoner Mohamedou Ould Slahi has been denied a passport by the Mauritanian government to travel abroad and receive medical treatment. Upon release three years ago, he was told that he could apply for a passport after two years but this has been denied. His petition to the Mauritanian government has been supported by hundreds of writers and authors worldwide. Many former prisoners face restrictions on their ability to obtain a passport and travel.

The latest pre-trial hearing in the case of Abdul Hadi Al-Iraqi lasted two hours after his counsel requested a meeting with him, a rare event due to his poor health and his needing days to recover after being moved to the courthouse. At the start of the hearing Al-Iraqi told the judge that he would not be able to follow the proceedings as his medication was making him drowsy, but the judge decided to continue. However, his lead defense counsel, Susan Hensler, suffered severe dehydration and had to be treated at the base hospital. Hearings in his case will not resume now until July.

In the case of five men accused of involvement in attacks on New York in September 2001, pre-trial hearings continued in late March. These focused on the details of recorded phone calls allegedly involving Khalid Shaikh Mohammad and three of his co-defendants in the months before the attacks which the US government claims involved coded communication on plans for the attacks. The issue was raised by James Connell, lead counsel for Ammar Al-Baluchi, as part of his challenge of “a protective order – what he called a “gag order” – preventing the defense teams from making any inquiries, including in closed court sessions, that might touch upon the sources and methods of how the recordings were obtained.” Connell also argued that the “court’s acceptance of the government summary without cross examination of government personnel with knowledge of the “how” and the “when” of the recordings would violate his client’s constitutional right to confront witnesses.” Other lawyers refused to take part in these pre-trial hearings over issues over interference by the FBI through the interrogation of a paralegal about the defence teams and a possible conflict of interest. Much of the hearings were held in closed session.

Extraordinary Rendition:
The inquiry into the use of Scottish airports for CIA torture flights has finally ended after more than five years. A police inquiry was ordered in 2013. As part of the investigation Scottish police asked to see the full 6000-page 2014 Senate Intelligence Committee report into extraordinary rendition. This request was never granted. Scottish airports were used for stopovers and refuelling on up to a dozen occasions at least. The outcome of the inquiry could see prosecutions of CIA officials.

LGC Activities:
The March Shut Guantánamo! demo took place on 7 March. The April demonstration will be at 12-2pm on Thursday 4 April outside the US Embassy, 33 Nine Elms Lane, SW11 7US. Further details here: https://www.facebook.com/events/1001212076743659/

Tuesday, June 26, 2018

26 June: VIGIL IN SOLIDARITY WITH VICTIMS OF CIA TORTURE


UN International Day in Support of Victims of Torture
the London Guantánamo Campaign invites you to a

VIGIL IN SOLIDARITY WITH VICTIMS OF CIA TORTURE

With speakers and open mic
Tuesday 26 June 2018, at 6.30-8pm
Outside the US Embassy, 33 Nine Elms Lane, London SW11 7US (nearest underground: Vauxhall)
On 18 May, Donald Trump’s pick for new CIA chief Gina Haspel was confirmed in the position in spite of her role in running a secret CIA torture prison as part of the extraordinary rendition (kidnap and torture) programme. No officials have ever been prosecuted for their role in post-9/11 torture; instead, they are being promoted. Haspel faces being prosecuted for war crimes if she travels to Europe.
Under the guise of the “war on terror”, the CIA has been involved in torture in many countries across the world, running secret torture facilities in Europe, Asia and Africa, and not-so-secret facilities at Bagram in Afghanistan and Abu Ghraib in Iraq. This was only possible with the complicity of many states worldwide, including the UK.
The CIA’s history of the use of torture, human experimentation and other forms of violence is as old as the spy agency itself, with a history of running and participating in a global torture programme against leftists, nationalists and other Cold War "enemies" throughout Latin America and other parts of the world
Torture does not work and is illegal. It is a tool to break individuals and intimidate communities. While survivors have to live with the consequences of their ordeal and the scars others cannot see for the rest of the lives, the CIA is remorseless and indifferent to the suffering it has caused.

Take a stand: the LGC has marked this important occasion each year since 2010 and invites you to join us to stand in solidarity with victims worldwide on this day.

For more details, e-mail london.gtmo@gmail.com or call 07809 757 176

Thursday, March 29, 2018

LGC Newsletter – March 2018

Guantánamo Bay
The UN Working Group on Arbitrary Detention has declared that the US’ detention of Pakistani national Ammar Al-Baluchi, one of five defendants accused of involvement in the September 2001 attacks in New York, is “arbitrary, breaches international human rights law and has no legal basis”. In a written statement by five independent experts, his detention was called “discriminatory” and the legal process he and his four co-defendants are subject to before the military commission system was slammed for not granting the defendants the same facilities to prepare their case as the prosecution, denying them a fair trial on the basis of nationality and religion. The experts stated that his detention “contravened at least 13 articles of the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights”. The Working Group further stated that “systematic imprisonment in violation of the rules of international law may constitute crimes against humanity”.

The reason that led three civilians lawyers to leave the USS Cole bombing case at Guantánamo in October last year, throwing the military commission system into further disarray, was disclosed in a 15-page prosecution file to the court obtained by the Miami Herald newspaper in early March, which stated that the lawyers discovered “a microphone in their special client meeting room and were denied the opportunity to either talk about or investigate it”. The court filing to the US Court of Military Commissions Review was signed by the chief prosecutor, with the prosecution claiming that the microphone had been placed there previously but was not in use. The case is aimed at getting a review panel to order the resumption of the case and was brought by the defendant Abd Al-Nashiri’s sole remaining defence lawyer at the end of last month. The case was adjourned in February when the judge asked for a higher court “to clarify his authority as a judge in the Guantánamo war court.” The resignation of the lawyers left Yemeni Abd Al-Nashiri without a capital defender in a case where he faces the death penalty for his alleged involvement in the death of 17 US soldiers in a suicide bomb attack in 2000 off the Gulf of Aden. However, lawyers and NGOs have questioned that if the issue was simply an error, then why has it been kept as a national security secret for months, and has prompted them to ask what else is being kept secret. The resigning lawyers were not allowed to reveal why they had resigned, and they claim that there is more to the issue than has been revealed.
Two of the defence lawyers have stated that several important details were missing from the account given in the court filing. They said that there was no sign that the microphone was no longer connected and contended that the government has never previously provided that explanation in the five months since they resigned. One of the lawyer, death penalty-specialist Richard Kammen stated, “This was the first we heard the claim, and that’s part of the reason we don’t believe it’s true”. He also stated that the defence team was already suspicious that its communication with its client was being monitored following a previous incident, which is also classified. At one stage, the judge dismissed the lawyers’ concerns about monitoring and snooping into their communications as “fake news”.

In the case involving five men accused of involvement in the 2001 attacks in New York, the judge in the case said that he would “order Secretary of Defense Jim Mattis to explain in writing why he suddenly fired the top official overseeing the war court”. The reasons for the 5 February dismissal of Harvey Rishikof, the Convening Authority for Military Commissions, and his legal advisor Gary Brown were not disclosed. The judge stated that “We simply need to know why they were terminated”. There is concern that Rishikof was fired for attempting to negotiate a deal for the five defendants.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article202166964.html

The Pentagon is planning to demolish Camp X-Ray, the long emptied notorious camp from which images of prisoners kneeling and behind fences in orange jumpsuits emerged in the early days of Guantánamo. Controversy has arisen over this move with some claiming it should remain open as a testimony to this sinister chapter of US history. The Justice Department, however, claimed in a letter to Guantánamo lawyers that “the FBI has created an interactive, simulated three-dimensional, digital virtual tour of Camp X-Ray that shows all areas of the camp where detainees were held, interrogated, or otherwise present."
The prison opened on 11 January 2002 with the arrival of the first 20 prisoners and was declared closed in late April 2002, however since then several prisoners have since reported being abused there after that date. One prisoner, Saudi Mohammed Al-Qahtani, who could not be prosecuted because of the torture he was subjected to said “he was tortured at Camp X-Ray with sleep deprivation, growling dogs, sexual abuse, forced nudity, harsh shackling and beatings”.
Saudi prisoner Ahmed Al-Darbi who pleaded guilty to war crimes in a secret plea deal following years of torture, and more recently provided recorded evidence in two cases against other prisoners, was due to be returned to Saudi Arabia by 20 February under the terms of the plea deal, however he remains at Guantánamo to date. In a letter, he hit out at the Saudi government for delaying his release, claiming that it has never done anything to help him and did not even provide him with a lawyer. He stated, “And now my own government is an obstacle to my repatriation. What kind of country abandons its citizens in the custody of another government for 16 years? My country won’t take a step that was agreed on four years ago so that I can finally go home. It’s been my daily dream for four years to see my wife and children”. According to his lawyer, Al-Darbi submitted his transfer request shortly after he was sentenced in August 2017 and the terms for his repatriation had been negotiated after he pleaded guilty in 2014.
Following a visit to Washington by Saudi Crown Prince Mohammed Bin Salman, the Pentagon announced that the repatriation process was on track, yet he remains at Guantánamo.

In 2014, Al-Darbi, following years of physical, sexual and psychological torture at Guantánamo and elsewhere pleaded guilty to a small role in a 2002 attack against a French-flagged oil tanker of the coast of Yemen. He agreed to cooperate with the US authorities on the basis he would be repatriated after 4 years. In 2017, he was sentenced to 13 years in jail, the remainder of which he is due to serve in Saudi Arabia.

Lawyers for Yemeni prisoner Moath Al-Alwi were at a federal appeals court on 20 March to deal with the issue of the indefinite detention of prisoners at Guantánamo Bay, more than 15 years after the war in Afghanistan began. Al-Alwi previously posed the question to the courts under the Obama administration where the judge responded that the question of when the war ends, or has ended, is at the discretion of the president; in 2014, Obama had declared the end of hostilities in Afghanistan, although the warfare continued. With Trump’s stated plans to keep Guantánamo open and possibly expand it, the case has new importance.
The arguments in the case hinged on whether the conflict in Afghanistan now is still the same one Al-Alwi was captured in over 16 years ago and whether the US government can still hold him legally.
The arguments in the case can be read and listened to here: https://lawfareblog.com/summary-courtroom-al-alwi-v-trump-oral-argument

The Ghanaian Parliament has ratified the signing of a Memorandum of Understanding between the Ghanaian and US government on defence cooperation which will allow the US military to open a military base in the country and operate on a tax-free basis. The Ghanaian government claims the deal is beneficial for the country and has denied that it is in any way linked to the agreement made with the US to accept two former Guantánamo prisoners, although it is not unknown for the US to offer trade deals and funds to poorer countries that agree to host Guantánamo prisoners who have no safe country to return to. In January, the Ghanaian government granted the two Yemeni prisoners it accepted in 2016 refugee status.

LGC at the March Against Racism, 17 March
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Extraordinary Rendition
In a case that will have serious repercussions for the prosecution of European states for the use of torture, and possibly their involvement in extraordinary rendition, in a review of the key 1978 case UK v Ireland, in which the European Court of Human Rights deemed detention practices, such as hooding, stress positions, sleep deprivation, etc. carried out by the British military against Irish republicans in Northern Ireland were inhuman and degrading treatment but not torture, the Court once again upheld this decision. It decided that new evidence presented by the Irish government was not tantamount to torture. These torture techniques have since been used by the US and British armies in Iraq, Afghanistan and elsewhere. They were later banned in the UK. The decision was a blow for survivors, many of whom continue to suffer as a result of the treatment they received when detained without trial by the British army in the 1960s and 1970s.

Confirmation of the nomination of Gina Haspel as head of the CIA has raised a lot of controversy, given her past involvement in running secret CIA prisons, in particular the first black site in Thailand, and thus she oversaw the use of torture at such sites. As much about the extraordinary rendition programme remains obscure, the extent of her involvement is unknown. An arrest warrant was put out for her by a German NGO due to her involvement in war crimes and crimes against humanity and she is thus unable to travel to the EU. Human rights NGOs have asked for her to be prosecuted instead and politicians in the US have asked for full disclosure of her role.

LGC Activities:
The LGC held its first monthly Shut Guantánamo! demos outside the new Nine Elms US Embassy in March. It was well attended in spite of the features of the new embassy that are intended to deter protest. Our second protest there will be in solidarity with the Iraqi people 15 years after the war started there with the US invasion, backed by its allies, including the UK. Please join us on Thursday 5 April at 12-2pm The address is 33 Nine Elms Ln, London SW11 7US, nearest underground: Vauxhall. More details available at: https://www.facebook.com/events/157022028258385/ All are welcome to join us.

Thursday, November 30, 2017

LGC Newsletter – November 2017


NEWS:
Guantánamo Bay
As reported in last month’s newsletter, chaos continued this month in the military tribunal pre-trial hearing of Abd Al-Nashiri, who is facing the death penalty for his alleged involvement in attacks on US navy vessels in the Gulf of Aden in 2000. Al-Nashiri’s lawyers who refused to attend court and even travel to Guantánamo in the final week of October also refused to attend a hearing on 2 November at which they were ordered to appear. The issue revolves around a secret ethical problem concerning client-lawyer confidentiality. The judge in the case Air Force Col. Vance Spath has stated that only he has the authority to dismiss the lawyers who quit with the permission of the chief defence counsel for military commissions, Brig. Gen. John Baker. Instead, the three lawyers have taken legal measures in their states to avoid arrest.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article182424296.html
The following day, 3 November, Brig. Gen. John Baker who had been confined to his quarters at Guantánamo on 31 October after being sentenced to 21 days’ confinement after being found in contempt of court in this dispute – when he refused to order the other lawyers to return to the case – was released by the Pentagon. His has been the only detention at Guantánamo under President Trump. The day before lawyers filed a petition in the federal courts in the US challenging his detention. The sentence was not removed but deferred while the punishment was reviewed. A fine imposed on him has also been frozen.
https://www.politico.com/story/2017/11/03/john-baker-released-guantanamo-dispute-244523

 
Nonetheless, the hearing continued on 3 November. The judge said that he chose issues that did not require a capital defender – necessary in a death penalty case and a role played by death penalty lawyer Richard Kammen until he resigned – while he postponed dealing with what would happen to the three lawyers who had left the case. With just one military lawyer representing Al-Nashiri, the defence did not question witnesses and the pre-trial hearing has focused more on the authority of the judge and the court than issues related to the case.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article182792076.html
One of the witnesses in the case, law professor Ellen Yaroshefksy also asked the courts to provide her with protection against being ordered to testify by video link in the case. Yaroshefksy provided the advice that led to the lawyers quitting the case, although she does not have access to confidential material. The judge ordered her to appear via video link to answer questions about an ethics opinion she gave the lawyers in October that they used as a basis for their resignation. Yaroshefksy’s lawyers argued “that the Guantánamo war court “lacks any authority to detain or seize United States citizens.””
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article183985656.html
However, she was unsuccessful http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article184923993.html and was then ordered to testify on 17 November. At this hearing, at the end of three weeks of pre-trial hearings in his case dominated by other issues, Judge Spath asked Al-Nashiri if he wanted his long-serving defence team to return to court. Concerning Richard Kammen, “I believe he chose to leave this case, and I support him,” was Al-Nashiri’s response, even though the decision does not ultimately lie with him. “All the attorneys are free to have their own opinion, and I support them. In other words, I cannot force anyone to come here,” Nashiri told the judge.
As a solution to the deadlock, the judge ordered another lawyer Brian Mizer to act as “learned counsel in this case”, the death-penalty defender. Mizer has worked on other military tribunal cases but it is unclear that he fits the criteria for the role.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article185333788.html
On 22 November, the Pentagon completed its review of Baker’s case and upheld the contempt charge. His confinement was not ordered again however, and the court was also asked to ensure that measures are taken to protect client-lawyer confidentiality, which appears to be at the heart of this dispute.
https://www.nbcnews.com/news/military/pentagon-upholds-contempt-ruling-against-top-guantanamo-lawyer-n823496

With the assistance of one of Omar Khadr’s Canadian lawyers Nate Whitling, former Algerian prisoner Djamel Ameziane is suing the Canadian government for CAN$50 million for its alleged involvement in his abuse by the US. He claims that the Canadian government co-operated with the US while he was held at Guantánamo. He was never charged or tried at Guantánamo.
In 1995, Ameziane sought asylum in Canada and lived in Montreal. The US alleges that he worshipped at the same mosques as members of Al Qaeda. Canadian intelligence gathered intelligence on him and the Montreal Muslim community while he was a resident there. His asylum claim was rejected and he went to Afghanistan instead of going back to Algeria. Ameziane claims that part of the intelligence used by the US to decide to detain him at Guantánamo was supplied by Canadian intelligence.
Ameziane also alleges that he was interrogated many times by Canadian officials at Guantánamo who were aware of the abuse of prisoners and that he was being held without charge and without a lawyer.
Nate Whitling has said that Ameziane’s case “calls for a full-scale public inquiry into Canada’s alleged role in the treatment of innocent military detainees held in Guantanamo Bay.”
http://edmontonjournal.com/news/local-news/edmonton-lawyer-for-guantanamo-bay-detainee-files-suit-against-federal-government


On 7 November, lawyers from Reprieve representing hunger-striking Pakistani prisoner Ahmed Ghulam Rabbani, 47, brought a case before the federal courts claiming that he is being starved at Guantánamo following a new military policy since September not to force feed hunger striking prisoners until they are close to death. Five prisoners are reported to be affected. The US military claimed in response that he is actually eating and does not need to be force fed any longer. His lawyers are seeking an external medical assessment of his condition and to have his medical records released.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article183404621.html

The mobile MRI unit leased by the Pentagon for 4 months at Guantánamo to scan Abd Al-Nashiri’s brain as part of his death penalty trial is broken. It does not work and requires maintenance meaning that it effectively cannot be used. According to the US military, it was delivered and installed correctly but requires liquid helium which is no longer available, and no one appears to know why. A judge ordered a scan of Al-Nashiri’s brain and for an MRI machine to be brought to Guantánamo for this purpose but it is not clear that this will take place. The lease on the equipment is until February.
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article184624408.html

Extraordinary rendition
On 3 November, the chief prosecutor of the International Criminal Court announced that she will seek to start an official investigation into potential war crimes during the war in Afghanistan. Although the specific parties to be investigated were not named, the investigation is likely to cover possible war crimes by the Taleban, associated groups and the US military and the CIA. As Afghanistan only signed up to the court’s statute in 2003, crimes committed after that period will only be considered. Bensouda said that if authorised, her office will investigate "in an independent, impartial and objective way, crimes within the court's jurisdiction allegedly committed by any party to the armed conflict". The preliminary investigation has been ongoing for over a decade and this case would for the first time the court looks beyond international war crimes in Africa. An earlier report by her office stated that there was a “reasonable basis to believe” at least 61 prisoners had been tortured by the US military and the CIA. The crimes largely relate to 2003-4 and will probably include secret CIA-run prisons in the country but will not include other allies outside of the USA. The USA, which is not a party to the court, has tried to frustrate investigations throughout the process.
http://www.aljazeera.com/news/2017/11/icc-prosecutor-seek-afghanistan-war-crimes-probe-171103143955107.html

In performance of her sentence for her involvement in CIA abduction and rendition to torture in Milan of Egyptian Imam Abu Omar, former CIA agent Sabrina de Sousa has been ordered to carry out 3 year’s community service in Italy. http://www.ilmessaggero.it/primopiano/cronaca/milano_abu_omar_007_cia_servizi_sociali_condanna-3349986.html


 
LGC Activities:
The November Shut Guantánamo! monthly demonstration was on 2 November. Our next monthly demonstration is on Thursday 7 December outside the US Embassy, Grosvenor Square, W1A, from 12-1pm and opposite Marble Arch, outside Speaker’s Corner, Hyde Park from 1.15-2.15pm: https://www.facebook.com/events/637658706623438/ It is our last demo on 2017 and probably one of the last few at this site before the US Embassy relocated to Nine Elms. Please do join us!