Showing posts with label Guantanamo. Show all posts
Showing posts with label Guantanamo. Show all posts

Thursday, February 29, 2024

LGC Newsletter – February 2024

 Guantánamo Bay

A month-long pre-trial hearing is currently underway in February /early March in the case of four men accused of involvement in the September 2001 attacks in New York City. With some of the witnesses heard in closed session, and the defendants not attending all sessions, the judge continued to consider pre-trial issues such as what evidence to include and exclude and evidence obtained through the use of torture. Witnesses on the stand included one of the architects of the CIA extraordinary rendition torture programme, psychologist Dr James Mitchell, who gave testimony about the torture techniques he and other CIA operatives used on the defendants to extract confessions, including waterboarding. He last gave testimony in January 2020 in the case. FBI special agents involved in interrogations with the four men were also called as witnesses to give testimony, as their defence is seeking to have some evidence from these interrogations suppressed due to the CIA and FBI working together on them and using information taken from torture-based confessions. The hearing will end in early March and resume with more witnesses in mid-April, after Ramadan.

https://www.lawdragon.com/news-features/2024-02-23-after-four-year-gap-former-cia-psychologist-retakes-the-stand-in-9-11-case

https://www.lawdragon.com/news-features/2024-02-17-tensions-escalate-in-911-suppression-hearings-over-security-interruptions

 

Two Afghan prisoners, Mullah Abdul Zahir Saber and Haji Abdul Karim, members of the Taliban in 2002, were released from Guantánamo to Oman in 2017, where they were held under house arrest and forbidden to travel. In mid-February, they returned to Afghanistan to a hero’s welcome following efforts to repatriate them by the Afghan government. One Afghan national remains at Guantánamo.

https://www.independent.co.uk/news/ap-afghans-oman-abdul-karim-guantanamo-bay-b2494387.html

 

Monday, January 01, 2024

LGC Newsletter – December 2023

Guantánamo Bay

The UK Supreme Court has ruled that Guantánamo “forever prisoner” Abu Zubaydah can sue the British government “over allegations that British intelligence services asked the CIA to put questions to him while he was being tortured in “black sites”. The supreme court said MI5 and MI6 were subject to the law of England and Wales and not – as the government had attempted to argue – the six different countries where Abu Zubaydah was held.” Prior to his detention at Guantánamo in 2006, the Palestinian prisoner who was kidnapped by the US in Pakistan in 2002, was “rendered” to torture at secret CIA torture facilities in Thailand, Lithuania, Poland, Morocco, Guantánamo Bay (at a secret facility there) and Afghanistan. He has never been tried or charged. He has successfully sued Poland and Lithuania for their collusion with the CIA in his torture at the European Court of Human Rights. Abu Zubaydah’s lawyers claim that “the UK intelligence services committed the civil wrongs of misfeasance in public office, conspiracy to injure, trespass to the person, false imprisonment and negligence […. Abu Zubaydah] alleges that the UK intelligence services sent numerous questions to the CIA to be used in interrogations, without seeking any assurances that he would not be tortured or mistreated or taking steps to discourage or prevent such treatment. He claims that at the black sites he was waterboarded on 83 occasions and also subjected to extreme sleep deprivation, confinement inside boxes, beatings, death threats, starvation, denial of medical care and no access to sanitation.”

https://www.theguardian.com/law/2023/dec/20/guantanamo-prisoner-can-sue-uk-government-supreme-court-rules

https://www.supremecourt.uk/cases/uksc-2022-0083.html

 

The Periodic Review Board has denied the last Afghan prisoner, Muhammad Rahim, the chance to be cleared for release, claiming that he still poses a threat to the security of the USA; he has never been charged or tried at Guantánamo in over 17 years of detention there. He is one of three of the remaining 30 prisoners who remain in indefinite detention.

https://www.afghanistan-analysts.org/en/reports/rights-freedom/a-dreams-deferred-again-the-last-remaining-afghan-in-guantanamo-loses-his-latest-bid-for-freedom/

 

The National Defense Authorization Act 2023 has allocated an initial $60 million for the construction of a new and modern healthcare facility but has maintained restrictions on the transfer of Guantánamo prisoners to prison facilities in the US and bars funding for their transfer to the US or other countries. In signing the law into force, President Joe Biden criticised these provisions stating: “Section 1033 of the Act continues to bar the use of funds appropriated to the Department of Defense to transfer Guantánamo Bay detainees to the custody or effective control of certain foreign countries.  Section 1031 likewise would continue to prohibit the use of such funds to transfer Guantánamo Bay detainees into the United States.  It is the longstanding position of the executive branch that these provisions unduly impair the ability of the executive branch to determine when and where to prosecute Guantánamo Bay detainees and where to send them upon release.  In some circumstances, these provisions could make it difficult to comply with the final judgment of a court that has directed the release of a detainee on writ of habeas corpus, including by constraining the flexibility of the executive branch with respect to its engagement in delicate negotiations with foreign countries over the potential transfer of detainees. I urge the Congress to eliminate these restrictions as soon as possible.”

https://www.whitehouse.gov/briefing-room/statements-releases/2023/12/22/statement-from-president-joe-biden-on-h-r-2670-national-defense-authorization-act-for-fiscal-year-2024/

 

Thursday, November 30, 2023

LGC Newsletter – November 2023

 Guantánamo Bay

Two weeks of pre-trial hearings were held in the case of the four (previously 5) prisoners accused of involvement in attacks on New York in September 2001, although they were marred by weather conditions and attendees having Covid-19. Looking at the issue of how CIA torture contaminated later FBI interrogations, an Iraqi-American linguist for the FBI testified how he had translated and identified the suspects through coded transcripts he had worked on that were taken secretly during the defendants’ early days (they arrived at Guantánamo after years of illegal detention in secret CIA torture prisons in 2006) at Guantánamo and their discussions with other prisoners. The information related to this secret spying on prisoners was declassified and prosecutors are seeking to use it as evidence if the case goes to trial. “The move comes as prosecutors have considered new ways to counter claims by defense lawyers that torture by the C.I.A. contaminated subsequent F.B.I. interrogations of Mr. [Khalid Sheikh] Mohammed and his accused accomplices to produce confessions the government considers its most important trial evidence. It also shed light on an eavesdropping operation whose existence has until now never been formally acknowledged.” A lawyer for one of the defendants, Ammar al Baluchi, has said he will challenge the admissibility of these recordings, which were obtained not only secretly through conversations between prisoners held in isolation during their recreation time but more than 5 years after they were detained: “From 2006 to 2009, he said, the prisoners were held in solitary confinement and each one was allowed to speak only with one other prisoner, during an hour reprieve from their maximum-security cells. At the time, prisoners in the custody of a special unit known as Task Force Praetorian or Task Force Platinum were given recreation time in specifically designated pairs. They were confined to separate enclosures, meaning the prisoners could shout back and forth but not see one another.”.

No further hearings in any case are due to be held until 2024.

https://www.nytimes.com/2023/11/17/us/politics/guantanamo-9-11-case-tapes.html

https://www.lawdragon.com/news-features/2023-11-16-in-final-hearing-of-2023-fbi-witness-testifies-on-secret-recordings-made-of-9-11-defendants

Saturday, September 30, 2023

LGC Newsletter – September 2023

 Guantánamo Bay

Pre-trial hearings continued in the case of prisoners accused of involvement in the September 2001 attacks in New York City. The number of defendants has fallen from five to four after a judge found that Saudi prisoner Ramzi bin al-Shibh is unfit for trial, “after a military medical panel found that sustained abuse had rendered him lastingly psychotic”. He remains in detention but only his co-defendants remain on trial.

https://www.aljazeera.com/news/2023/9/22/cia-abuse-rendered-9-11-defendant-unfit-for-trial-us-military

Ahead of the hearings resuming, in ongoing plea bargaining between the prosecutors and lawyers for the defendants, the Biden administration rejected a set of proposed conditions for the plea deal made by the men, which would include medical care for physical and mental trauma afflicted during their time in CIA custody and no solitary confinement. In March 2022, prosecutors offered a deal to avoid the death penalty in the case if the defendants pleaded guilty to their alleged roles in the attacks. However, Biden’s decision to reject these conditions could make such a deal harder to reach. The US administration has generally not engaged with the plea bargain proposed, leaving the matter to prosecutors and the defence to decide on. Some families of the deceased would like to see a trial for the five accused men rather than a plea bargain.

https://www.nytimes.com/2023/09/06/us/sept-11-trial-plea-biden-guantanamo.html

 

On 15 September, a group of UN experts issued a statement warning against the expulsion of former Russian prisoner Ravil Mingazov from the UAE, where he was resettled but not released in 2017, to Russia, where he would be at risk if repatriated against his will. The experts called for his immediate release: “We call on the Governments involved to observe their international obligations, honour the diplomatic assurances provided for resettlement, and take into account the substantiated risks to Mr. Mingazov’s physical and moral integrity, if repatriated against his will.”

“Mr. Mingazov is a victim of torture, inhuman and degrading treatment during and prior to his detention at Guantánamo Bay, Cuba and was arbitrarily detained by the United States for nearly 15 years. Given these past violations and his extended and indefinite arbitrary detention at an undisclosed location in the UAE, he remains profoundly vulnerable to further serious violations of his human rights.”

“The United States is obliged to continue to ensure Mr. Mingazov’s rights are being respected, including through his release in line with the terms of the diplomatic assurances, and reparation and remedy for serious violations of international law, including extraordinary rendition, torture, and other cruel, inhuman and degrading treatment and arbitrary detention experienced while in the custody of the US Government. As a victim of torture, Mr. Mingazov has rights that do not end with his transfer to another country.”

https://www.ohchr.org/en/press-releases/2023/09/uae-and-usa-un-experts-warn-against-refoulement-ex-guantanamo-detainee-and 

 

The case of two Malaysians and an Indonesian prisoner accused of involvement in the 2002 Bali bombing has been severed, with one Malaysian prisoner, Mohammed Farik Bin Amin, no longer being tried with the other two defendants in the case, which suggests that a plea deal may be pending and/or that Bin Amin may testify against his co-defendants. “Late in the Obama administration, the government nearly struck a plea deal with Mr. Bin Amin in which he would have been repatriated to Malaysia to serve out most of his sentence. But the deal collapsed amid concerns that he would not remain imprisoned for the full term, in part because Malaysia might not recognize the tribunals system as legitimate. A conviction of Mr. Bin Amin through a guilty plea would fit a strategy at the military commissions system of trying to use that approach to resolve charges against detainees formerly held at secret C.I.A. prisons known as black sites. Such cases are complicated by the fact that the agency tortured the prisoners before transferring them to military custody, and by the heavy presence of classified information.”

https://www.nytimes.com/2023/09/01/us/politics/guantanamo-bali-bombing.html

In addition, the Malaysian Home Minister reported having met the US special representative for Guantanamo affairs, Tina Kaidanow, during a trip to the US to discuss the release and repatriation of the two Malaysian prisoners, in whose case a 2025 trial start date has been proposed. He confirmed that the Malaysian government is seeking to have the two men returned to the country.

https://www.straitstimes.com/asia/se-asia/kl-pushing-to-get-two-malaysians-released-from-guantanamo-bay-home-minister

 

Thursday, August 31, 2023

LGC Newsletter – August 2023

 Guantánamo Bay

The periodic review board (PRB), the mechanism set up to decide whether prisoners should continue to be detained indefinitely without charge or trial, decided to uphold the detention of Palestinian prisoner Abu Zubaydah, whose torture, including waterboarding, at the hands of the CIA has been litigated successfully in several countries. The US also decided as early as 2006 that he did not pose any threat to it, however having suffered some of the worst torture in the post-9/11 war on terror, the US is reluctant to release him, even though he has never been charged and faces no charges.

The last Afghan prisoner held at Guantánamo, Muhammad Rahim, held since 2007, had his review on 15 August. It is the first time that he had a lawyer present with him at such a hearing. https://www.afghanistan-analysts.org/en/reports/rights-freedom/the-last-afghan-in-guantanamo-pressure-mounts-on-us-to-deal-with-the-remnants-of-its-war-on-terror/

 

The family of former Russian prisoner Ravil Mingazov, who was transferred to the UAE by the Obama administration in 2017, where he has since remained imprisoned and with little communication with the outside world, delivered a letter to the UK Home Office calling for the UK to grant him asylum. His son and his mother are refugees in the UK.

https://www.middleeasteye.net/news/ex-guantanamo-inmate-detained-uae-pleads-uk-grant-asylum

 

In a ruling on 18 August, evidence obtained through the use of torture was excluded from the capital case of Yemeni prisoner Abd Al-Nashiri. A “military judge in Guantanamo Bay overseeing the pretrial capital prosecution of Abd al-Rahim al-Nashiri, the Saudi national accused of organizing the October 2000 bombing of the U.S.S. Cole, excluded Mr. al-Nishiri’s confessions as the product of torture. “Exclusion of such evidence is not without societal costs,” said the judge, Col. Lanny J. Acosta Jr., in a 50-page decision. “However, permitting the admission of evidence obtained by or derived from torture by the same government that seeks to prosecute and execute the accused may have even greater societal costs.” This decision raises serious questions about the admissibility of confessions made under similar circumstances by the five detainees accused of the 9/11 terror attacks and may affect the plea negotiations currently underway for these men.” With a new judge appointed to the case, Marine Lt. Col. Terrance Reese, the prosecution has decided to appeal the decision to the US Court of Military Commission Review. Excluding confessions forced through the use of torture, the US may not have enough real evidence for its case.

https://deathpenaltyinfo.org/news/confessions-of-guantanamo-detainee-in-death-penalty-case-excluded-as-product-of-torture

https://www.lawdragon.com/news-features/2023-08-18-judge-excludes-gitmo-defendants-confession-because-of-cia-torture

 

A military medical board has come to the conclusion that one of the five defendants accused of involvement in the September 2001 attacks in New York City, Ramzi Binalshibh, is not fit to face trial; he has a “mental illness that makes him incompetent to either face trial or plead guilty in the death penalty case”, according to a report filed with the judge hearing the case. “The question of Binalshibh’s sanity and capacity to help his lawyers defend him has shadowed the 9/11 conspiracy case since his first court appearance in 2008. Then, a military lawyer disclosed that her client was restrained with ankle shackles and that the prison had him medicated with psychotropic drugs. He has disrupted pretrial hearings over the years with outbursts, and in court and in filings complained that the CIA torments him with noises, vibrations and other techniques to deprive of him sleep.” The report was commissioned by the judge in April and it is now up to him to decide whether Binalshibh will be dismissed from the case. “According to their lawyers, at least four of the defendants have sleep disorders, brain injuries, gastrointestinal damage or other health problems they attribute to the agency’s brutal interrogation methods during their three to four years in CIA custody before their transfer to Guantánamo Bay in 2006”.

https://www.seattletimes.com/nation-world/man-accused-in-9-11-plot-is-not-fit-to-face-trial-board-says/

Tuesday, May 30, 2023

LGC Newsletter – May 2023

Guantánamo Bay

“The US Court of Appeals for the District of Columbia Circuit ruled Tuesday [9 May] that former Guantánamo Bay detainee Omar Ahmed Khadr waived his right to appeal his war crime convictions under the Military Commissions Act. Circuit Judge Karen LeCraft Henderson authored the opinion of the court.

“The court ruled that Khadr waived his right to appeal his convictions in his pretrial agreement with the federal prosecutor on his case. In the agreement, Khadr agreed to plead guilty to all his charges and waive his appeal rights for a sentence not to exceed eight years. The court ruled Khadr “knowingly, intelligently and voluntarily” waived his right to appeal his conviction. Additionally, the court decided that Khadr “expressly waived the right to appeal his conviction, sentence and detention.” The court also noted the importance of allowing criminal defendants to waive their rights to appeal as a “bargaining chip to use in negotiating a plea agreement with the Government.””

A dissenting opinion was given by Judge Robert Wilkins who said that the court did not have the jurisdiction to review the plea agreement between the military commission and the Canadian former prisoner.

https://www.jurist.org/news/2023/05/us-appeals-court-rules-that-al-qaida-member-waived-right-to-appeal-war-crime-convictions/

 

In a new case before the secretive investigatory powers tribunal in the UK, lawyers for Abd Al Nashiri have argued that the UK secret services – MI5, MI6 and GCHQ – were involved in his rendition and torture by the CIA. “In papers submitted to the tribunal, al-Nashiri’s barrister, Hugh Southey KC, said: “The complainant’s case is that the UK agencies aided, abetted, encouraged, facilitated and/or conspired with the US authorities in his mistreatment.” […]The lawyers allege the UK’s involvement in al-Nashiri’s mistreatment probably included allowing Luton airport to be used to refuel a private jet used in his rendition from Thailand to Poland in December 2002.” The UK government argued that the court did not have the jurisdiction to hear the case.

https://www.theguardian.com/world/2023/may/28/guantanamo-detainee-accuses-uk-agencies-of-complicity-in-his-torture

 

The 10-year sentence for association with a terrorist organisation, involved in recruiting for ISIS, given to former Algerian prisoner Saber Lahmar in France, who was never charged or tried at Guantánamo, was upheld on appeal on 25 May. The sentence includes a 2/3 custodial sentence and a permanent ban from French territory. His lawyers have stated that the charges were based on hearsay and intend to appeal to the French Supreme Court.

https://www.7sur7.be/monde/peine-de-10-ans-de-prison-confirmee-en-appel-pour-un-ex-detenu-de-guantanamo~adf87186/

A new report by Prof Mark Denbeaux and his students at the Center for Policy and Research at Seton Hall University law school, “American Torturers: FBI and CIA Abuses at Dark Sites and Guantánamo,” includes new drawings by his client “forever” prisoner Abu Zubaydah of the torture he received. These images provide “the most comprehensive and detailed account yet seen of the brutal techniques to which he was subjected. Abu Zubaydah has created a series of 40 drawings that chronicle the torture he endured in a number of CIA dark sites between 2002 and 2006 and at Guantánamo Bay. In the absence of a full official accounting of the torture program, which the CIA and the FBI have labored for years to keep secret, the images give a unique and searing insight into a grisly period in US history. The drawings, which Zubaydah has annotated with his own words, depict gruesome acts of violence, sexual and religious humiliation, and prolonged psychological terror committed against him and other detainees. They were sketched from memory in his Guantánamo cell and sent to one of his lawyers, Prof Mark Denbeaux.”

https://www.theguardian.com/law/2023/may/11/abu-zubaydah-drawings-guantanamo-bay-us-torture-policy

Friday, April 28, 2023

LGC Newsletter – April 2023

Guantánamo Bay

In the ongoing appeal case of Yemeni prisoner Abdulsalam Al-Hela, 55, who was cleared for release by the periodic review board in June 2021, in an opinion in the case, “the US Court of Appeals for the DC Circuit ruled that the authorities may not be allowed to keep a man imprisoned in Guantánamo Bay after he is no longer deemed a threat.” However, that does not mean that he will be released any time soon. He is one of 16 prisoners who have been cleared for release and remain at Guantánamo as the US has not found safe third countries to resettle them in; 10 of them are from Yemen and in spite of recent peace efforts in the country, the US has not made any efforts to repatriate or release any of these Yemeni prisoners. The outcome of this case will impact on all of the 16 men, some of whom have been cleared for release for many years.

https://www.middleeastmonitor.com/20230413-guantanamo-yemeni-man-will-remain-in-prison-despite-us-court-ruling-he-is-no-threat/

 

Pre-trial hearings were held in April in the case of Abd Al-Nashiri. In the kind of  “justice” that can only be found at Guantánamo and under US patronage, Al-Nashiri’s torturers and former FBI agents were invited to give evidence, not at their trial for war crimes, but for the prosecution in respect to whether certain torture evidence should or should not be included in his trial. Al-Nashiri’s torture has already been well documented and prosecuted successfully twice at the European Court of Human Rights. One of the prosecution witnesses was CIA torture programme architect and psychologist Dr Bruce Jessen, who gave a demonstration of some of the “approved” torture techniques used against the defendant and others “at a secret interrogation site in Thailand in late 2002”. The judge allowed the demonstration “to show practices that C.I.A. officials had destroyed video evidence of two decades ago”. According to Jessen’s testimony, these practices “including waterboarding, nudity and isolation — were not meant to rob a prisoner of his will but to gain his cooperation and disclose Al Qaeda’s secrets to the C.I.A.” “Prosecutors have already agreed that nothing Mr. Nashiri said at the so-called black sites can be used at trial because evidence derived from torture and cruel, inhuman or degrading treatment is unlawful. But they defend as untainted his 2007 law enforcement interviews, which took place at Guantánamo at a former C.I.A. prison where Mr. Nashiri was held by the agency in 2003 and 2004.”

https://www.nytimes.com/2023/04/13/us/politics/cia-torture-guantanamo-saudi-detainee-nashiri.html

Another witness called by prosecutors was forensic psychiatrist Dr Michael Welner who claimed that Al-Nashiri “voluntarily confessed to having a role in the attack after four years in the C.I.A.’s secret [torture] prison network.”

https://www.nytimes.com/2023/04/20/us/politics/cia-prisoner-confession-uss-cole.html

“Abd al Rahim al Nashiri made incriminating statements to agents of the FBI and Naval Criminal Investigative Service in late January and early February 2007 about his alleged role in the bombing of the USS Cole in October 2000. The sessions took place in the detention center on the Guantanamo Bay Naval Base nearly five months after al Nashiri’s transfer from CIA black sites, where he endured waterboarding, threats of execution, nudity, stress positions, sleep deprivation, cramped confinement and other abuses. […]The government team hopes to introduce the incriminating statements at al Nashiri’s as-of-yet unscheduled death penalty trial for the attack that killed 17 sailors off the coast of Yemen. His defense team contends that al Nashiri’s years of torture and isolation at CIA black sites conditioned him to say whatever his interrogators wanted, rendering his subsequent statements to the FBI and NCIS in 2007 involuntary. They have asked the judge, Army Col. Lanny Acosta, to suppress the statements.”

https://www.lawdragon.com/news-features/2023-04-20-government-witness-testifies-to-free-will-of-uss-cole-suspect-in-guantanamo-interrogations

The next hearing is scheduled for June.

 

Pre-trial hearings also took place in the trial of an Indonesian and two Malaysian prisoners accused of involvement in the 2002 Bali bombing. The hearing of the three men who were subject to extraordinary rendition in 2003 and have been in US detention since, although they have only been recently charged, saw prosecutors seek a 2025 trial for the case as much of the evidence is national security evidence (meaning it was probably obtained through the use of torture) and is secret. Lawyers for the defendants said that this timeline is too long, given that the defendants have been held by the US for over 20 years already and that prosecutors have yet to share the evidence they have almost two years after the case was first opened and the defendants brought to court. This hearing was their first since August 2021 when they were arraigned. The defendants protested about the use of interpreters, a persisting problem in the case with the wrong language being used, interpreters using English words – “For example, an interpreter could not remember how to say “interpreter” in Malaysian dialect” – which the defendants did not understand and could thus not follow the proceedings. “Separately, the judge declined to excuse an interpreter who had previously remarked that the U.S. government was “wasting so much money on these terrorists. They should have been killed a long time ago.” Instead, the judge cautioned the interpreters — who were working from a remote location — that he expected their translations to be “neutral, sanitized, surgical.””

According to the 2014 Senate Intelligence Committee on the CIA Torture Programme, in 2003, a CIA interrogator told one of the defendants “that he would never go to court, because “we can never let the world know what I have done to you”; the CIA is one of the agencies withholding the evidence in the case. One of the defendants’ lawyers “accused the U.S. government of misplaced priorities. It spent millions of dollars on “a systemic torture program,” she said. “But when it comes to administering justice, we want to penny pinch. We want to say, ‘We don’t have the resources. We don’t have the computers. It’s complex.’”

https://www.nytimes.com/2023/04/24/us/politics/guantanamo-trial-bali-bombing.html

 

In rare and open criticism of prisoner conditions at Guantánamo, to whom it has access, a senior official at the International Committee of the Red Cross (ICRC) said that prisoners are showing signed of “accelerated ageing” and that “physical and mental health needs are growing and becoming increasingly challenging” for current prisoners. The statement followed a visit in March by the ICRC to Guantanamo. The ICRC called for better healthcare provision and an improvement in “the quality of contact with families, most notably in terms of frequency and length of calls, while bearing in mind the total absence of in-person visits.” It stated that “the sooner the US can overcome the political and administrative deadlock to responsibly transfer out those detainees deemed eligible, and determine the fate of all other detainees, the better it can shape whatever plans are required.”

https://www.icrc.org/en/document/guantanamo-detaining-authorities-must-adapt-needs-rapidly-ageing-population

https://www.aljazeera.com/news/2023/4/22/guantanamo-bay-prisoners-show-signs-of-accelerated-ageing-icrc

 

The last Algerian prisoner Said bin Brahim bin Umran Bakush was repatriated to Algeria just before the Islamic Eid holiday. His is the sixth release in six months and brings the prisoner population down to 30, over half of whom are eligible for release. He was detained in Pakistan in March 2002 and was never charged or tried. He was cleared for release by the periodic review board in April 2022. Release from Guantánamo is not freedom and involves ongoing US surveillance and restrictive measures on travel and contact with other persons.

https://www.middleeasteye.net/news/guantanamo-us-releases-algerian-detainee-bringing-population-down-30

 

On 24 April, MPs, peers, human rights activists and former prisoner Mohamedou Ould Slahi started a new all-party parliamentary group to close Guantánamo.

https://www.amnesty.org.uk/press-releases/ukguantanamo-new-all-party-parliamentary-group-call-notorious-camps-closure

 

Friday, March 31, 2023

LGC Newsletter – March 2023

Guantánamo Bay

The US repatriated Saudi prisoner, Ghassan Al Sharbi, 48, after 21 years of detention at Guantánamo without charge or trial. He was cleared for release by the periodic review board in February 2022; the review board also said that he “had unspecified “physical and mental health issues”.” “Al Sharbi was initially targeted because he had studied at an aeronautical university in Arizona and had attended flight school with two of the al-Qaeda hijackers involved in the 2001 attacks. He becomes at least the fourth Guantanamo detainee released and sent to another country so far this year.” There are currently 31 prisoners still held at Guantánamo, 17 of whom are eligible for transfer. Part of the conditions of Al Sharbi’s release is that he will remain under continuing surveillance.

https://www.aljazeera.com/news/2023/3/9/saudi-engineer-released-from-guantanamo-prison-camp-after-21-yrs

https://www.defense.gov/News/Releases/Release/Article/3323397/guantanamo-bay-detainee-transfer-announced/

 

It has been over a year since prosecutors began plea dealings with the five defendants accused in the September 11 2001 case, which could see them avoid the death penalty and trial in return for a guilty plea and life sentences. However, little progress has been made in the negotiations and the judge in the case, Colonel Matthew N. McCall, who has cancelled scheduled hearings since, has expressed his frustration over the lack of response from the Biden administration concerning its assessment of the proposals. The judge wrote on March 8 that he was “disinclined to continue canceling commission hearings solely because of a lack of a decision as to these ‘policy principles.’” The case itself has made little overall progress since the charges were brought in 2012. “Terms of the proposed deal are secret, and some talks have continued since last March. Government employees with knowledge of the discussions but who are not authorized to discuss them say Biden administration lawyers are examining granular issues.”
https://www.nytimes.com/2023/03/28/us/politics/september-11-plea-deal-guantanamo.html

In January, seven UN human rights investigators protested to the US government about healthcare for Guantánamo prisoners, in particular Abd Al-Hadi Al-Iraqi, who has a degenerative spinal disease for which he has had multiple operations and is now disabled. As the US government did not reply, the UN Human Rights Council has released an 18-page report by the experts on the healthcare facilities for prisoners, focusing on Al-Iraqi. The report cites descriptions of his alleged mistreatment, many of which have been contained in court filings and transcripts — notably one that occurred in September 2021, after Mr. Hadi told the medical staff of a weakening in his lower extremities. It says that, soon after he refused a nurse’s proposal to conduct a rectal exam, the senior doctor at the prison conducted a test, “directing guards to hold him upright by his shoulders and then directing them to release him to see whether he could stand.” He “collapsed immediately as he did not have the strength to hold his own body upright,” the report says.” The report was submitted before the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ni Aolain carried out a fast-finding mission to Guantánamo earlier this year and was not given access to Al-Iraqi. “Mr. Hadi is among the sickest of the 31 detainees at Guantánamo Bay, and the investigators relied on medical records and testimony in court proceedings that have been largely focused on his ability to be brought before the court since his health crisis began in 2017. He pleaded guilty to war crimes last year in an agreement that would allow him to be transferred after sentencing to another country better equipped to treat him, potentially in a long-term health care facility. So far, no country has agreed to receive him. The report said there were “systematic shortcomings in medical expertise, equipment, treatment and accommodations at the Guantánamo Bay detention facility and naval station,” which sends service members who have complex health conditions to the United States for treatment. Congress has forbidden the same for the prisoners.”

“When he arrived at the prison, he could walk unassisted. Mr. Hadi now relies on a wheelchair and a walker inside the prison, and a padded geriatric chair for support in court. Guards also keep a hospital bed inside the courtroom where he has slept when heavy painkillers caused him to nod off.”

https://www.nytimes.com/2023/03/26/us/politics/un-guantanamo-bay-health-care.html  

Former British resident Jamal Kiyemba, who was released to Uganda from Guantánamo in 2006, has been charged with terrorism offences in Uganda. Although he has previously been arrested in the country, he has never faced trial.

https://www.independent.co.ug/adf-former-guantanamo-bay-prisoner-tonny-kiyemba-charged-with-terrorism/