Showing posts with label David Hicks. Show all posts
Showing posts with label David Hicks. Show all posts

Sunday, November 01, 2015

LGC Newsletter – October 2015



British residents:
The last British resident held at Guantánamo Bay returned home to the UK on Friday 30 October. Shaker Aamer arrived on a private jet at the Biggin Hill Airfield shortly before lunchtime where he met his legal team and was then taken to a private hospital to receive urgent medical attention following his 14-year ordeal of detention without charge or trial at Guantánamo Bay. He has been reunited with his wife and children, including his 13-year old son who he has met for the first time.
Shaker Aamer will require a considerable amount of medical care and specialist rehabilitation therapy. His British lawyers have reported that he is seeking an inquiry into the British government’s role in his ordeal and questioning by British intelligence services while he was detained.
Upon his release, Shaker Aamer issued the following statement:
“The reason I have been strong is because of the support of people so strongly devoted to the truth. If I was the fire to be lit to tell the truth, it was the people who protected the fire from the wind. My thanks go to Allah first, second to my wife, my family, to my kids and then to my lawyers who did everything they could to carry the word to the world. I feel obliged to every individual who fought for justice not just for me but to bring an end to Guantanamo. Without knowing of their fight I might have given up more than once; I am overwhelmed by what people have done by their actions, their thoughts and their prayers and without their devotion to justice I would not be here in Britain now.
The reality may be that we cannot establish peace but we can establish justice. If there is anything that will bring this world to peace it is to remove injustice.”
The London Guantánamo Campaign’s statement on his release can be read here: http://londonguantanamocampaign.blogspot.co.uk/2015/10/media-release-london-guantanamo.html
Aisha Maniar from the LGC spoke to Russia Today UK about his release and what lies ahead for the remaining 112 prisoners:

Although there are no longer any British residents in Guantánamo Bay, the LGC will continue to update this section with any relevant news concerning those who have been released. The release of all the British residents from Guantánamo was one of the campaign’s three goals when set up in 2006. We are pleased that after a decade one of our main aims has been achieved!

NEWS:
Guantánamo Bay:
Following a bail decision in September easing conditions for Omar Khadr as he appeals his US military commission conviction from Canada, on 1 October, Omar Khadr travelled to Toronto by aeroplane with his lawyer Dennis Edney to meet his grandparents, the first time he has met family in person since his release from Guantánamo Bay in 2012. As part of his bail conditions, access to his family is restricted.
Following the election of Canada’s new Prime Minister Justin Trudeau on 19 October (he will officially assume the position on 4 November), Dennis Edney told reporters that the new Liberal Prime Minister could show his commitment to civil liberties and breaking with the policies of his predecessor Stephen Harper by dropping the appeal against Omar Khadr being granted bail pending his US appeal. Bail with conditions was granted in May this year and no date has been set for appeal.

Afghan prisoner Mohamed Kamin whose case was heard by the periodic review board in August has been cleared by the review board. He was brought to Guantánamo in 2004 and was once considered for a war trial. He was charged but the case was dropped in 2009. This decision means that 52 prisoners are now cleared for release and 28 are classified as ‘forever prisoners’.

Although Obama failed to outline his promised plan to close Guantánamo to Congress in September, in October the Pentagon carried out visits to potential sites in Colorado to house up to 60 prisoners the US may transfer to the mainland to continue their indefinite detention without charge or trial.
On 22 October, Barack Obama made the rare move of vetoing the National Defense Authorization Act (NDAA) 2016, which authorises the military budget for the coming year and has for many years placed restrictions on transfers from Guantánamo. Proposed clauses would have made it even harder for Barack Obama to close Guantánamo.
Although he gave Guantánamo as the reason for his veto, spending provisions also played a large part. A new budget deal has since been negotiated but the provisions concerning Guantánamo remain the same and are not expected to change. One Congress member said that the NDAA “provisions on Guantanamo are the "exact same language" Obama has signed into law in defense bills over the past five years.”
A vote is scheduled for 5 November to override Obama’s veto and while the spending amendments are likely to be incorporated, with no changes likely to be made concerning Guantánamo, it remains to be seen whether Obama will exercise his power to veto again over Guantánamo.

At a hearing on 22 October for former Guantánamo prisoner Younis Chekkouri, who was released last month but continues to be held in prison in Morocco and potentially faces terrorism charges, lawyers presented a letter from the US authorities showing that all charges had been dropped against him in 2011. In order to consider this new information and other information from the US, the judge set back a date to hear the charges against him to 4 November, citing a need for more information from the US on links it alleges he had to Moroccan terrorist groups. He remains in jail.

Shaker Aamer is not the only prisoner who was released from Guantánamo this month. On 28 October, Ahmed Ould Abd al Aziz, 45, was released to Mauritania. He had been cleared for release in 2009. Since his return, the government has announced that he faces no charges or detention and has returned to his family. The only remaining Mauritanian prisoner in Guantánamo Bay is Guantánamo Diary author Mohamedou  Ould Slahi http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article41783445.html

Former Australian Guantánamo prisoner Mamdouh Habib and his wife Maha were arrested and prevented from entering Turkey on 29 October. They had travelled to the country from Lebanon and were detained and questioned at Istanbul airport about past allegations that he was an “Al Qaeda terrorist trainer”.  Their passports were temporarily confiscated and they were then returned to Lebanon. The couple is reported to be in the Middle East as Mr Habib, a joint Egyptian-Australian national, is taking legal action in Egypt against his rendition and the complicity of Australian intelligence (ASIO). The Turkish authorities named the Australian authorities in preventing their entry to the country.
Earlier that week, in ongoing legal action to make the Australian government disclosed documents related to its complicity in the torture of David Hicks, the Australian Information Commissioner ordered the office of the Prime Minister to disclose the documents as there is no practical reason to refuse to do so. A similar order made in June 2015 has yet to be complied with by the Australian government.

Pre-trial hearings continued on 22 October in the military tribunal case of five prisoners alleged to have links to the 11 September 2001 attacks in New York. Following initial problems, the hearing was held and an application by one of the defendants, Walid bin Al-Attash, to fire and replace his current lawyer was rejected. If granted, this would have further delayed the hearings by months.

Extraordinary Rendition:
Following the publication of the US Senate report into CIA torture in December 2014, the American Civil Liberties Union (ACLU) is bringing a lawsuit against two psychologists, James Mitchell and John “Bruce” Jessen, on behalf of three victims: Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and Gul Rahman, who died at the secret ‘Salt Pit’ prison: http://www.newyorker.com/news/news-desk/who-killed-gul-rahman. The crimes against humanity they are accused of being involved in include “water torture, forcing prisoners into boxes, and chaining prisoners in painful stress positions to walls”. The two surviving men continue to suffer physical and psychological damage as a result of their ordeals, details of which can be read in this article:

LGC Activities:
The November Shut Guantánamo demo will be on Thursday 5 November: https://www.facebook.com/events/1654820421472042/

The London Guantánamo Campaign is continuing its weekly #GitmObama Twitter storms since Barack Obama’s failure to announce a plan to close Guantánamo in September. Tweets that can be used during the action with this hashtag are provided in a pastebin (click on it and copy & paste the tweets) and everyone everywhere (who is on Twitter) is welcome to join in. The twitter storms are held on Mondays at 9pm GMT/ 4pm EST / 1pm PST. Please check our Twitter @shutguantanamo for further details and the pastebin to take part.

Tuesday, June 30, 2015

LGC Newsletter – June 2015



BRITISH RESIDENTS:
During a private meeting of under an hour during the G7 summit in Germany, Prime Minister David Cameron raised Shaker Aamer’s case with Barack Obama and urged him to resolve Aamer’s case. Downing Street did not reveal the US President’s response, if any.

Following reports that Shaker Aamer and several other prisoners would be released within weeks and possibly by the end of June, this has not materialised. After the release of 6 Yemeni prisoners to Oman on 12 June, it emerged that no further cases had been put forward for clearance, meaning there would be no further releases in June. Nonetheless, the campaign for the release of Shaker Aamer, led by the Save Shaker Aamer Campaign, has kept up the pressure over the past month with a demonstration to mark the 800th anniversary of the Magna Carta opposite Downing Street on 15 June, a parliamentary meeting on 23rd June and weekly vigils opposite the Houses of Parliament.

NEWS:
Guantánamo Bay:
On 2 June, Reuters published an account of the torture Guantánamo prisoner and former secret CIA prison detainee Majid Khan faced while held at such facilities: “Majid Khan said interrogators poured ice water on his genitals, twice videotaped him naked and repeatedly touched his "private parts" – none of which was described in the Senate report. Interrogators, some of whom smelled of alcohol, also threatened to beat him with a hammer, baseball bats, sticks and leather belts, Khan said.”
Following the release of the Senate report on CIA torture in December 2014, more details have emerged of the various forms of torture faced by prisoners: this 27-page account by Khan to his lawyers was cleared for public release in May.
Khan was kidnapped in Pakistan in 2003 and held at secret CIA sites until 2006 when he was taken to Guantánamo. In 2012, he pleaded guilty to conspiracy, material support, murder and spying charges [note the first two are no longer offences that Guantánamo prisoners can be tried or convicted of]; he is currently awaiting sentencing.

French former Guantánamo prisoner Mourad Benchellali, released in 2004 without charge or trial, was prevented from boarding a flight to Montreal in Canada as the flight would have to pass through US air space and he is on a US no-fly list. He was due to address a peace conference.

In one of the most important pieces of news to come out of Guantánamo in a very long time, Yemeni prisoner Ali Hamza al Bahlul won his appeal against conviction in 2008 for a second time. He originally won his case in 2011 when all three of the convictions against him – material support, conspiracy and solicitation – were overturned. The US government sought a retrial which was granted. In July 2014, a panel of judges overturned the conviction on charges of solicitation and material support – leading to the quashing of other convictions, including that of Australian former prisoner David Hicks – but left the conspiracy issue to be appealed further. In the 2-1 decision on 12 June, judges decided that the military commissions did not have the jurisdiction to convict al Bahlul of a conspiracy charge as it is not a crime recognised under the international law of war.
This ruling may be further appealed by the US government but remains a very important decision which further undermines any future military commission trials and convictions and paves the way for the appeal of existing convictions, such as that of Omar Khadr.

On 12 June, 6 Yemeni prisoners were released to Oman, the second transfer of prisoners to the country, as they cannot be returned to their own country. All 6 men had long been cleared for release and never charged. There are currently 116 prisoners held at Guantánamo Bay.

Australian activist Dr Aloysia Brooks has won a 3-year Freedom of Information battle to have a series of documents and communication between the US and Australian governments over the repatriation and treatment of former Australian Guantánamo prisoner disclosed. The Australian Information Commissioner said he had no reason to block the disclosure of this information. The Australian government has 30 days to appeal this decision. Dr Brooks is also suing the CIA and the FBI in the US for the disclosure of further documents she has been unable to obtain in Australia.

Following a series of moves in the US Senate and Congress to block and impede the release of Guantánamo prisoners, US Defense Secretary Ashton Carter stated that he is hopeful but not confident that Guantánamo will close before Barack Obama leaves office in early 2017.

On 23 June, a Libyan prisoner, Omar Khalif Mohammed Abu Baker, who has never been charged in over 13 years and is suffering at Guantánamo due to untreated wounds he suffered prior to his kidnap in Pakistan in 2002, had a hearing before the prisoner review board to see whether he could be cleared for release.
On 26 June, Saudi prisoner Abdul Rahman Shalabi, who has been on hunger strike for almost a decade, was cleared by the review board. Although this means he can be released, in practice it means he will remain where he is. He has never been charged.
 
The US has appointed Lee Wolosky, a former National Security Council director, as the new envoy for the closure of Guantánamo. The post has been vacant since Clifford Sloan stepped down in December citing the slow rate of transfers. Wolosky will start work in July.

Extraordinary Rendition:
On 23 June, a group of civil rights organisations in the US sent a letter to the Department of Justice demanding it appoints a special prosecutor for torture and holds the CIA to account. http://www.amnestyusa.org/news/press-releases/amnesty-international-aclu-and-human-rights-watch-urge-doj-to-appoint-special-prosecutor-for-torture
Another letter to the UN, signed by over 100 organisations, called for accountability for CIA torture in the war on terror.
This was backed by the UN Special Rapporteur for Torture Juan Mendez
http://www.politico.com/magazine/story/2015/06/cia-torturers-should-be-held-accountable-119345.html#.VYsfckaZ6dE

On 23 June, the European Court of Human Rights heard a case brought in 2009 by Abu Omar, a Milan-based imam who was kidnapped and rendered to Egypt by the CIA in 2003, and his wife. The criminal prosecution in Italy is the only case in the world where CIA agents have been convicted of extraordinary rendition-related offences; Italian agents were also convicted in the case, although their convictions were later quashed. Abu Omar himself was convicted in a 2013 case on terrorism-related offences in a case that pre-dates his kidnapping in 2003. He now lives in Egypt and did not appeal the conviction. Italy denies that its agents were involved in the rendition and states that it was the actions of the CIA alone, even though Abu Omar was kidnapped in broad daylight in the street.

LGC Activities:
The LGC June Shut Guantánamo demonstration was attended by 5 people. The July demo will be on Thursday 2 July: https://www.facebook.com/events/1458025957831108/

The LGC marked UN International Day in Support of Victims of Torture on Friday 26 June with a silent vigil in Trafalgar Square. Around 40 people joined as activists raised the issue of the right to rehabilitation of torture survivors.

Friday, February 27, 2015

LGC Newsletter – February 2015



BRITISH RESIDENTS: 

The last British resident held at Guantánamo entered his 14th year of detention there without charge or trial on 14 February; Shaker Aamer, a Saudi national, who has a British family in south London, has been cleared for release on several occasions since 2007.
Following a meeting between David Cameron and Barack Obama in Washington last month, the US president said he would prioritise Aamer’s case, however as Aamer marked his 13th anniversary at Guantánamo, US Defense Secretary Chuck Hagel admitted that his case was not a priority and was not on his desk. This is in spite of the special relationship between the US and the UK and growing concerns following a law tabled and passed by the US Senate to prevent any more prisoners being released before the next US election at the end of 2016.







On 14 February, more than 100 people joined the Save Shaker Aamer Campaign at a protest it held to mark 13 years of Shaker Aamer being held at Guantánamo without charge or trial. The demonstration started at around midday with a colourful display opposite the Houses of Parliament and stopped traffic in Parliament Square and on Westminster Bridge as it progressed to Downing Street. Short speeches were given opposite Downing Street and a letter was delivered to the Prime Minister’s residence at the end of the demonstration. Media of the demonstration:


NEWS:
Guantánamo Bay:
On 4 February, a 38-year old Yemeni prisoner, Khalid Ahmed Qasim, who has been held at Guantánamo without charge or trial since May 2002, had his ongoing detention reviewed by the prison review board. After more than 13 years, the best excuse the Pentagon can come up for his continued detention is he “may have fought for the Taliban in Afghanistan and is suspected of joining al Qaeda.” At Guantánamo, he has taken part in hunger strikes and has been involved in many “disciplinary infractions including attacking and threatening guards and splashing bodily fluids on them”.
Egyptian prisoner, 57-year old Tarek El-Sawah, who had his review in January, has been cleared for release. El-Sawah, who has contracted a number of illnesses at Guantánamo and is reported to be morbidly obese, once faced charges which were later dropped without reason by the US government.

There has been good and bad news for former Canadian child prisoner Omar Khadr this month: in early February, King’s University in Edmonton offered him a place to study as a mature student provided his application for bail, which will be heard at the end of March, is successful. For the past 6 years, teachers from the university have helped Khadr to study for his high school diploma equivalent by correspondence when he was at Guantánamo and in person since his return to Canada.
On 13 February, a federal judge rejected an application brought by several media organisations to be able to interview Khadr in prison, claiming that the ban by wardens, as the facilities are unsuitable, was not political or a breach of their rights. Omar Khadr has never been given the opportunity to present his side to his own story – either in court or to the public – which has instead allowed the questionable claims made about him by the US and Canadian governments to dominate.

Following the quashing of the military commission conviction of a former Sudanese prisoner in January, following a major decision in the ongoing case of Ali Hamza Al-Bahlul last year, on 18 February, former Australian prisoner David Hicks, who was first prisoner to be convicted in 2007 had his conviction quashed on the sole charge of providing material support for terrorism, which is not recognised as a war crimes and was applied with retroactive effect.
Under a plea bargain, which was his only way out of Guantánamo after the Australian government refused to make representations on his behalf, Hicks entered an Alford plea whereby he pleaded guilty without admitting the charges, thereby maintaining his innocence. According to the US, he waived his right to appeal as part of the plea bargain, however his lawyers later demonstrated that the paperwork had been filed after the deadline and thus he had not waived this right. Hicks returned to Australia in 2007, where he served the rest of his sentence in jail there.
The Australian government which was aware of and complicit in his torture has continued to vilify him and the media in Australia has continued to brand him a “terrorist” and call for his prosecution, even though there is no legal basis for this. No apology has been offered by the Australian or US governments and Hicks has said he will not seek compensation. In an editorial in The Age on 27 February, Hicks stated, “To just focus on why I was in Afghanistan and ignore the crimes committed against us in Guantanamo, seems to be a diversionary tactic to try to prevent people from asking more pressing questions around my case – like why the Australian government sold out one of its own citizens to protect the Bush administration, and why successive Australian governments have refused to independently investigate what happened to me. What really worries me is that because of the careless and blatantly political way my case was handled, it means that others are more likely to be subjected to the same treatment because those involved got away with it.”

The pre-trial hearing in the case of five prisoners accused of involvement in the 9/11 attacks in New York in 2001 resumed on 9 February, for the first time in six months, only to recess after one hour after one of the defendants identified an interpreter used by his defence team as an interpreter who had worked for the CIA when he was “disappeared” into secret CIA prisons. Other defendants confirmed having seen him at such facilities too.
The hearing did later resume and now that the Senate’s redacted report into CIA torture has been published, defence lawyers can talk about the torture their clients faced. The next hearing is scheduled for April.
Ongoing hearings also resumed in the separate military commission pre-trial hearings of Abd Al-Nashiri on 25 February.

On 12 February, the US Senate passed a bill that could prevent the release of more prisoners before 2016. During the vote in a closed meeting, the bill was passed with measures including the prohibition of transfers to Yemen for the next two years, continuation of the ban on transfers to the United States and would suspend international transfers of prisoners. President Obama has threatened to veto the bill.

Extraordinary Rendition:
In a new resolution by the European Parliament, the civil liberties, foreign affairs and human rights committees will resume their investigation into European collusion in torture and extraordinary rendition following new information from the Senate report into CIA torture. The European Parliament is calling for an end to impunity and for member states to investigate allegations of torture made against them.

On 17 February, the European Court of Human Rights in Strasbourg rejected an appeal by the Polish government made last year against a judgment finding it complicit in running torture facilities for the CIA in Poland where prisoners such as Abu Zubaydah and Abd Al-Nashiri, currently held at Guantánamo, were held and tortured. No reasons were given for why Poland’s appeal was rejected and the state will now have to pay the two defendants a total of €230,000, to include legal costs. According to the Bureau for Investigative Journalism:
However, Abu Zubaydah’s US lawyer confirmed to the Bureau that if the money was made available they would not claim the legal costs, and that Abu Zubaydah would be donating the full €100,000 in damages to victims of torture.
Poland is the first EU member state to be found guilty of complicity in the CIA’s secret detention programme and responsible for multiple violations of the detainees’ rights.
The case concerned the treatment of the two detainees, who were held by the CIA in Poland and subjected to torture, incommunicado detention and secret transfer to other CIA black sites.
Both men were secretly rendered to Poland on December 5 2002. Al-Nashiri was taken to Morocco on June 6 2003. Abu Zubaydah was transferred from Poland to a black site in Guantánamo Bay on September 22 2003.
Helen Duffy, European lawyer for Abu Zubaydah, told the Bureau the decision means that “Poland is required to finally conduct a thorough and effective investigation, make public information concerning its role and hold those responsible to account”.
She added: “This is an opportunity for Poland to reengage constructively, to address the crimes of the past and reassert its position as a supporter of the rule of law.””

LGC Activities:
The LGC marked eight years of regular demonstrations outside the US Embassy on Thursday 5 February. Four people attended.
Media of demonstration:
Our March “Shut Guantánamo!” demo will be on Thursday 5 March: https://www.facebook.com/events/464988880321972