LGC Newsletter – January 2024

Guantánamo Bay

Dennis Edney KC, Scottish-Canadian lawyer of former Guantánamo child prisoner Omar Khadr has died aged 77. He was Khadr’s lawyer for over a decade and played a huge role in getting his client released from Guantánamo Bay when the Canadian government dragged its feet over his repatriation after a military commission plea bargain was reached, and then in helping to secure his release from prison in Canada and improving prison conditions when Khadr was held in solitary confinement and was subject to abuse from other prisoners. After his release from Canadian jail in 2015 on bail, Edney and his wife Patricia welcomed Omar Khadr into their home where he stayed for several years as he rehabilitated back into society. Lawyer Nate Whitling, who worked with Edney on Khadr’s case said, “Dennis was a great lawyer and friend. In all my years in the legal profession, I've never met a lawyer more dedicated to his clients”. A criminal lawyer, he also worked on numerous pro bono cases. In 2014, the LGC hosted a speaking tour by Dennis Edney in the UK to raise awareness about Omar Khadr’s case.

https://www.cbc.ca/news/canada/edmonton/lawyer-dennis-edney-dead-at-77-1.7072899

 

In a 2-week hearing in January, two Malaysian prisoners held at Guantánamo since 2006, after being transferred there following several years of illegal detention and torture in secret CIA facilities around the world, entered a plea bargain and pleaded guilty to conspiracy in the 2002 Bali bombings that killed over 200 people. The two men, Mohammed Nazir Bin Lep, 47, and Mohammed Farik Bin Amin, 48, who will now not have to reveal “evidence” through torture-tainted confessions obtained from them, will instead give evidence against the alleged mastermind of the bombings, fellow torture victim, the Indonesian prisoner known as Hambali. They pleaded guilty to five of the nine charges brought against them; the other charges were dropped as part of the deal. Lawyers for Hambali are seeking to have torture-tainted evidence dropped in his separate case.

As part of the hearing, the men addressed the court which was attended by family members of the victims, who read out some of their own messages, and some of their own family members. The advised sentence of 23 years was accepted by the military jury and was later reduced to 5 years in view of the time already spent at Guantánamo (illegal CIA detention not included) of 17 years and the secret deal. The men are expected to be released to Malaysia after that but are not expected to be freed from detention, something that has not happened to any victim of the CIA’s extraordinary rendition torture programme.

https://www.aljazeera.com/news/2024/1/17/two-malaysians-in-guantanamo-plead-guilty-to-conspiring-in-bali-bombings

 

Extraordinary Rendition

Lithuania has been found guilty a second time by the European Court of Human Rights in Strasbourg of complicity in the CIA’s extraordinary rendition programme, this time in relation to Saudi prisoner Mustafa Al-Hawsawi, whose case has recently been severed from that of the other defendants in the 9/11 case due to the physical and mental impact his torture and detention have had on him. The court held that in his secret detention and torture in the CIA-run facility in Lithuania in 2005-2006 “that there had been violations of the prohibition of inhuman or degrading treatment or investigation because of Lithuania’s failure to effectively investigate Hawsawi’s allegations “and because of its complicity in the CIA secret detainee programme”.” The court also “held that there were violations to articles relating to the rights to a fair trial and life, as well as abolition of the death penalty, […] because Lithuania assisted Hawsawi’s “transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.”” Lithuania was ordered to pay Al-Hawsawi €100,000 in compensation.

https://www.theguardian.com/law/2024/jan/16/echr-rules-lithuania-allowed-inhuman-treatment-of-alleged-911-suspect-by-cia

LGC Newsletter – October 2023

Guantánamo Bay

In a ruling on 27 October, the British investigatory powers tribunal (IPT) “said it will open a second investigation into allegations that the intelligence services” were involved in the mistreatment of a current Guantánamo prisoner, Yemeni Abd Al-Nashiri, and would examine a complaint filed on his behalf.

“Lawyers for Nashiri have argued that there is an “irresistible inference” that the UK’s intelligence agencies, including MI5, MI6 and GCHQ, participated in intelligence sharing relating to al-Nashiri and “were complicit in his torture and ill-treatment”.

“The IPT’s decision to investigate the claims comes after it agreed in May to examine a similar complaint by another man held at Guantánamo, Mustafa al-Hawsawi.

“In its latest ruling, the IPT – a specialist judicial body that hears complaints against the intelligence services – said the underlying issues in both cases “are of the gravest possible kind”.”

https://www.theguardian.com/us-news/2023/oct/29/second-investigation-to-open-into-role-of-british-spies-in-torture-of-guantanamo-detainee

 

Lawyers for two Malaysian prisoners, Mohammed Farik Bin Amin, 48, and Mohammed Nazir Bin Lep, 46, have negotiated plea deals with prosecutors, to be entered early next year, along with their sentencing. They agreed to “plead guilty to war crimes charges for being accessories” to the 2002 Bali bombings. Charged along with Indonesian prisoners “Hambali”, Encep Nurjaman, the former CIA secret torture prison detainees have had their case severed from his. They are accused of having served as money couriers and providing support to Hambali, who now faces trial alone. The maximum punishment is a life sentence.

“The military disclosed the existence of the deal this week with the release of a court filing by prosecutors and lawyers for Mr. Bin Amin, which scheduled a hearing starting Jan. 15 for the entry of a plea, assembling a military panel and sentencing. The terms were under seal, including any limits on his prison sentence, where he would serve it and whether his testimony was sought against Mr. Nurjaman. Less is known about when Mr. Bin Lep will be sentenced. On Thursday, his lawyer, Brian Bouffard, said only that “Mr. Bin Lep will fully cooperate with the U.S. government.” Christine Funk, the lawyer for Mr. Bin Amin, declined to discuss the deal. But people with knowledge of the agreements said the men were seeking to be sent to a rehabilitation program for Muslim extremists in Malaysia.”

LGC Newsletter – August 2021

 Guantánamo Bay

After 18 years of US detention, first in secret CIA torture facilities and then at Guantánamo, an Indonesian and two Malaysian prisoners accused of involvement in the 2002 Bali bombings had an arraignment hearing on 30 August, at which they were to be formally informed of the charges against them. They face eight and nine charges respectively which include conspiracy, attempted murder, murder, intentionally causing serious bodily injury, terrorism, destruction of property, and attacking civilians and civilian objects. The hearing which was due to take place in early 2021 was postponed due to the Coronavirus pandemic. Ahead of the hearing, the case acquired a new judge and Indonesian prisoner Hambali’s defence lawyer for the past 4 years, Major James Valentine, retired from the US Marines and the case. In spite of the extra time to organise the hearing, it was plagued by problems with interpreters which led to it being delayed on the first day.

https://www.nytimes.com/2021/08/31/us/politics/guantanamo-bali-bombing-charges.html

 

Ahead of the resumption of pre-trial hearings in the case of five men accused of involvement in terrorist attacks in New York City in September 2001 next month, the fourth judge in the case, which has yet to have a trial date set 20 years after the events took place, has been appointed. Lt. Col. Matthew McColl has been appointed to the case even though he only qualified to hear death penalty cases in July and has served as a military judge for two years.  https://www.nytimes.com/2021/08/20/us/politics/military-judge-sept-11-trial.html

In early August, defence lawyers for the five defendants filed a motion to have the hearing set back in view of the Covid-19 restrictions and the lack of a judge in the case, among other matters. https://int.nyt.com/data/documenttools/ae-815-k-ksm-mtr-ae-815-j-scheduling-ord/a9e136e668f86605/full.pdf The new judge, however, has approved the two-week hearing set to start 6 September.

 

Extraordinary Rendition

Pakistani neuroscientist Dr Aafia Siddiqui, who “disappeared” with her 3 young children in Pakistan in 2003 and reappeared in US custody in Afghanistan several years, currently serving an 86-year sentence in the US, is reported to have been injured after being attacked by an inmate at the maximum security prison she is being held at in Texas. A cup filled with scalding liquid was thrown in her face injuring her and leaving her in serious pain; she had to be removed from her cell in a wheelchair. During her detention, Dr Siddiqui has had limited access to her family and her lawyers.

https://www.dawn.com/news/1641831

 

LGC Activities

The September monthly Shut Guantánamo! protest is on Thursday 2^nd September at 12-2pm outside the US Embassy in Nine Elms (Nine Elms Lane, SW11 7US, nearest underground: Vauxhall).  https://www.facebook.com/events/366996018133518/ If you require more details about this event, please email us at london.gtmo [at] gmail.com

LGC Newsletter – August 2019

Guantánamo Bay

Pre-trial hearings continued at Guantánamo in the case of Abdul Hadi Al-Iraqi (who claims his real name is Nashwan Al-Tamir), accused of fighting against the US in Afghanistan after the war broke out there in 2001; his trial is expected to start in 2020. The hearing proceeded slowly with formal matters, and due to back problems and pain in his spine, the defendant did not attend all of the hearing which was delayed at times. Issues covered included a legal filing against two former employees working on the case, including a judge, for a conflict of interest, after they applied for civilian jobs at the Department of Justice while working on the case. Others involved in the case were also questioned concerning their involvement and connections to other officials.

During the hearing, Al-Iraqi’s lawyers tried to get a federal court to stop the current pre-trial hearing to consider whether he is medically competent to take part in the hearing. In addition, they sought to get access to Camp 7 where he is residing to look at the conditions of his confinement and whether that can impact the case. As part of this claim, statements made by a former commander, Rear Adm. John C. Ring, at Guantánamo, who was fired in April without a reason given, were considered. For over one year, he had been seeking to have Camp 7 closed and replaced by a Camp 8 with better facilities for inmates. During consideration of this point, it was revealed that Ring was fired for “mishandling classified information and not being truthful about it,” according to one prosecutor. The case is in recess until October.

https://www.nytimes.com/2019/08/28/us/politics/guantanamo-commander-john-ring-fired.html

The judge in the case of five men accused of involvement in attacks on New York City in September 2001, Judge Col W Shane Cohen, has set a tentative trial start date of 11 January 2021 for their case. The men were charged in 2008 and face the death penalty but pre-trial hearings have proceeded slowly and have been stopped for over a year at some stages with many outstanding issues still to be resolved. The date is tentative and the trial start may not happen but having taken over the case recently Cohen is keen for matters to proceed.

https://www.theguardian.com/us-news/2019/aug/30/khalid-shaikh-mohammad-9-11-trial-start-date   

Following new charges filed earlier this year against Indonesian prisoner Hambali, accused of involvement in the Bali bombings in 2002, the FBI has visited Malaysia on several occasions to conduct interviews and collect evidence ahead of a potential trial. Lawyers for Hambali have also interviewed at least one witness in Malaysia. Two Malaysians are held at Guantánamo and were arrested with Hambali. The Malaysian authorities said they cooperated with the FBI and are also still seeking to get the two Malaysians repatriated, although the decision is up to the US. Hambali’s lawyer does not believe he will be tried, if at all, in open court due to evidence in the case having been obtained through torture at secret CIA prisons.

https://www.benarnews.org/english/news/malaysian/Hambali-terorrism-08302019194538.html

LGC Activities:

The September Shut Guantánamo! demo will be on 5^th September at 12-2pm outside the US Embassy, Nine Elms Lane, SW11 (nearest underground: Vauxhall): https://www.facebook.com/events/2382928988470574/