Showing posts with label Mohamedou Ould Slahi. Show all posts
Showing posts with label Mohamedou Ould Slahi. 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/

Friday, October 28, 2016

LGC Newsletter – October 2016



NEWS:
Guantánamo Bay:
There are currently 60 prisoners held at Guantánamo. The last Mauritanian prisoner Mohamedou Ould Slahi, 46, was released to his country on 17 October where he has been reunited with his family and is a free man. Upon his return, he issued a list of people he would like to thank for their support to free him. A first video in English has been released by the American Civil Liberties Union https://www.youtube.com/watch?v=R_KkkwlLBWY
Ould Slahi is the best-selling author of Guantánamo Diary which recounts the torture and abuse he faced in US hands up to 2005. He was kidnapped from his home in Mauritania and rendered to Jordan and then to Afghanistan before arriving at Guantánamo in August 2002. Raped and beaten, he was one of a handful of CIA prisoners subject to a “special project” whose torture was approved personally by Donald Rumsfeld. Nonetheless, Ould Slahi said that he will not be taking action against the US at a press conference held on 22 October.

 
Having completed the initial round of prisoner reviews, the administrative military board has decided to continue classifying a number of prisoners as “forever” prisoners this month, to be held indefinitely without charge or trial, although their status can be reviewed again in six months’ time. These decisions are hardly surprising as they include Indonesian “Encep Nurjaman Hambali” and stateless Palestinian Abu Zubaydah. Although the US continues to deem them a threat to its security, no charges have been placed against any of them, yet they are among those who were subject to some of the most severe forms of torture meted out by the CIA. It is more than likely that the US does not wish to release them due to the information they could reveal about its torture programme. The real threat they pose to the US is the one the US created for itself by acting outside of the law. A number of these prisoners were victims of extraordinary rendition and were not kidnapped or arrested in Pakistan or Afghanistan. There are currently 28 “forever prisoners” at Guantánamo.

Late on 14 October, Mustafa Al Hawsawi, one of the 5 defendants awaiting military trial for alleged involvement in the September 2001 attacks in New York underwent rectal surgery to repair damage done by repeatedly being raped while he was in CIA custody. The wounds inflicted on Al Hawsawi through sexual torture resulted in a rectal prolapse which caused him to bleed for over a decade and made it difficult for him to relieve himself or sit with ease, as noted by observers during pre-trial hearings. According to his lawyer Walter Ruiz, “When he has a bowel movement, he has to reinsert parts of his anus back into his anal cavity,” which “causes him to bleed, causes him excruciating pain.” As a result Al Hawsawi has often chosen to fast instead. According to his lawyers, he has also suffered other forms of serious and long-lasting pain and illness due to his time in secret CIA torture facilities.

A pre-trial hearing was held on 12-14 October in the case of five men accused of involvement in the September 2001 attacks in New York. Prior to the hearing, the trial judge ruled that the government can retroactively seal (i.e. after it has been given and made public) public war court testimony as “state secrets sometimes slip through Camp Justice’s special national security screening system.” The judge rejected a challenge brought by media organisations against a Pentagon transcript from 2015 that blacked-out open court testimony.
During the pre-trial proceedings, lawyers for the defendants asked to be given their clients’ full medical records from the time they spent in secret CIA custody, “arguing they need the details to avert their military execution” and to prepare for trial. However, according to the prosecution, the defence has been provided with all the CIA medical records they could find. Part of the pre-trial hearing was to consider whether or not the disclosure of evidence made by the parties is adequate. The next pre-trial hearing in this case is set for early December.

A pre-trial hearing was held in mid-October in the military commission case of Abd Al-Nashiri, accused of masterminding the bombing of a US naval ship in the Gulf of Aden, off the Yemen coast, in 2000. During the hearing, Al-Nashiri requested to be allowed to stay at the war court compound during hearings as being transported from the war court to secret Camp 7 each day makes him feel ill and anti-nausea medicine he is given to deal with the transport makes him unable to engage effectively with the proceedings. At this hearing too, issues were raised about the evidence provided and the chief prosecutor reported that all the evidence that can be given to the defence has been given to it.
As part of their claim against Guantánamo chiefs involved in their torture and abuse, former French prisoners Nizar Sassi and Mourad Benchellali (held at Guantánamo 2002-2005) have asked for William J Haynes II, who served as general counsel to the US Defence Department at the time, to be brought before the French courts. In their application, they said that Haynes was "one of the main architects of the interrogation and detention policies of the Bush administration.” In March, former Guantánamo commander retired General Geoffrey D. Miller failed to attend a hearing he was summoned to in France in the same case.

On 20 October, a federal appeals court upheld the conviction of Ali Hamza Al-Bahlul, who was convicted by a military commission in 2008, even though he had previously won his whole appeal, and once been acquitted on two of three charges. The US government had asked for a retrial and although the judges sided with the government’s argument they could not agree why. The case is likely to now be appealed to the Supreme Court. A possible verdict there that sees Al-Bahlul’s convictions upheld could have a negative impact on Omar Khadr’s appeal against his conviction for conspiracy. The judgment as such will have little impact elsewhere. In the meantime, Al-Bahlul has been held in isolation from other prisoners over the past 8 years as his case is volleyed around the US courts.

On 25 October, a court case filed by a former Afghan prisoner who was released and returned home in December 2014 was thrown out by a federal court; he was seeking a judicial ruling – the case was brought when he was still held at Guantánamo – clearing him of any claims of links to terrorism. Shawali Khan continued to pursue his habeas case after his release as he claims that the allegations of connections to a terrorist organisation have caused further problems for him. While held at Guantánamo, evidence against him was used in the case that was kept secret from his lawyers at the time; his detention was upheld on the basis of that evidence. The government itself later dismissed the credibility of this secret evidence.
The judge dismissed the case claiming it was moot as he had been released and that harm to his reputation was not a serious enough ground for the case. Since his release, his land has been seized by the Afghan government and he has been denied medical treatment, issues the court said it could not deal with.

Jihad Dhiab, a Syrian refugee who was released from Guantánamo to Uruguay has ended his hunger strike after more than 2 months after it emerged that an undisclosed third country has agreed to resettle him and his family together. When released in 2014 he was promised that he would be reunited with his family who live as refugees in Turkey or are displaced inside Syria. He tried to leave Uruguay when this did not happen and when he was forced to return to Uruguay he went on hunger strike.
http://www.dw.com/en/former-guantanamo-inmate-ends-hunger-strike/a-36125550
Thank you to everyone who took part in our urgent action and signed our petition.

Extraordinary rendition:
On 21 October, an appeal court reinstated a long-running lawsuit against private military contractor CACI for its role in torture at Abu Ghraib prison. A lower court had dismissed the case, claiming that the issue was political and had to be decided by the government. CACI had argued that its liability was not a legal or prosecutable matter. This is the fourth time the case has come before the appeal court.

LGC Activities:
The October Shut Guantánamo demonstration was on Thursday 6 October. The November demonstration is replaced by our special evening demo on Tuesday 8 November outside the US Embassy at 6-8pm to coincide with the US presidential election: http://londonguantanamocampaign.blogspot.co.uk/2016/10/8-november-unfinished-business.html   

The LGC (@shutguantanamo) is continuing to hold weekly #GitmObama Twitter storms to raise awareness about Guantánamo prisoners every Monday at 9pm BST. The pastebin is available http://pastebin.com/zpx5F7ab which is updated weekly with the latest information and tweets to raise awareness about Guantánamo. Please join us online if you can!



Friday, July 29, 2016

LGC Newsletter – July 2016



NEWS:
Guantánamo Bay:
There are currently 76 prisoners held at Guantánamo Bay. On 10 July, Yemeni prisoner Fayiz Ahmad Yahia Suleiman was resettled in Italy. He was cleared for release in 2010 but remained at Guantánamo as there was nowhere for him to go after Barack Obama placed a moratorium on returns to Yemen in 2010.
Around the same time, two prisoners – Yemeni Mansur Ahmad Saad al-Dayfi and Tajik Muhammadi Davliatov – were transferred for resettlement to Serbia. Al-Dayfi had also been cleared for release in 2010. Davliatov, who is stateless, was cleared for release in 2009. These are the first transfers to Serbia and come against a background of trade and diplomatic concessions in return for accepting the former Guantánamo prisoners.

Three prisoners had their cases reviewed by the prisoner review board in July to decide – through an arbitrary process – whether they can be cleared for release.
On 7 July, Pakistani Abdul Rahim Ghulam Rabbani came before the board. He expressed regret at having worked alongside Al Qaeda as a cook and having helped Khalid Sheikh Mohammed accommodate and transport fighters. He did not deny any allegations made against him but said that he was unaware of the politics surrounding the situation at the time. His defence stated that his economic situation meant that working for Al Qaeda was a useful means of supporting his family at the time and that he had no ideological motivation.
On 14 July, Libyan Ismael Ali Faraj Ali Bakush, 48, who is alleged to have links to former terrorism organisations in Libya and to have used his explosives expertise to help Al Qaeda in Pakistan, had his hearing. He admitted having a minor role in the Libyan organisation but denied having any expertise with explosives. He expressed anger at the current government in Libya – which is currently engaged in warfare with various other groups in the country – but stated he did not intend to become involved in fighting again. No charges were ever brought against him.
http://www.humanrightsfirst.org/blog/libyan-gitmo-detainee-gets-prb-review-list-shrinks
On 21 July, Yemeni Omar Mohammed Ali Al-Rammah came before the board. He was detained in Georgia where he was fighting with the Chechens in 2001 before being rendered to the US military and torture facilities in Afghanistan before taken to Guantánamo. He was never charged. His counsel said he would like to work and get on with his life. He is not particularly interested in politics or religion and as a young man enjoyed football and dancing.

In addition, 7 prisoners learned the outcome of their hearings held in previous months: there are currently 32 prisoners cleared for release.
Abdul Latif Nasir, 51, the last Moroccan held at Guantánamo was cleared. Alleged to be a Taliban commander and weapons trainer he was never charged. He is to be returned to Morocco. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article89215797.html
Yemeni Shawqi Awad Balzuhair, 34, who was described as a pleasant prisoner was cleared for release after his second hearing this year. A previous hearing in January deemed he was still too dangerous to release.
Best-selling author of the Guantánamo Diary and the last Mauritanian prisoner in Guantánamo was cleared for release on 20 July.
Afghan prisoner Abdul Zahir was cleared at around the same time. During his review hearing, it emerged that he was arrested by the US military in Afghanistan in a case of mistaken identity.
Yemeni Muhammed Raj ab Sadiq Abu Ghanim was also cleared for release http://www.prs.mil/Portals/60/Documents/ISN044/20160706_U_ISN_44_FINAL_DETERMINATION.pdf  as was Russian Ravil Mingazov http://www.prs.mil/Portals/60/Documents/ISN702/160721_U_ISN702_FINAL_DETERMINATION_PUBLIC_v1.pdf who has requested not to be returned to Russia, where he fears he will face further persecution and imprisonment as other returnees to Russia have faced. He has asked instead to be sent to the UK where his wife and children have been accepted as refugees.
At the same time, however, the board decides to continue the detention of several other prisoners, including Afghan Haroon Al-Afghani http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article91470287.html Algerian Said bin Brahim bin Umran Bakush http://www.prs.mil/Portals/60/Documents/ISN685/20160706_U_ISN_685_FINAL_DETERMINATION.pdf  and Saudi Mohammed Al-Qahtani who is known to be schizophrenic and suffer from severe mental illness. The US military has admitted torturing him and charges against him were dropped due to the extreme torture he was subject to. Among the reasons given were that he refused to admit his alleged role in Al Qaeda. The US believes he was a potential 20th hijacker on 9/11 and not just a man with a long history of severe mental illness. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article92228362.html
For most of the prisoners who have been cleared for release there is no guarantee they will be leaving Guantánamo any time soon.

Pre-trial hearings continued in two of the military commission cases. A hearing was held in the case of Al-Hadi Al-Iraqi, accused of leading attacks against the US and its allies in Afghanistan in 2002-2004. During the hearing, the case was set to be reconvened on 19 September. His lawyers asked for the proceedings to be frozen due to a lack of civilian defence lawyers in his case (as he is not facing the death penalty). Four volunteer civilian lawyers had joined his team, including Erwin Chemerinsky, constitutional law expert and dean of the law school at the University of California at Irvine; however, none of them have yet received security clearance to attend the court or meet their client. His defence team asked the proceedings to be halted until they are able to do so. His defence wants to look at the issue of whether the US Constitution applies to the Guantánamo war court.
The Pentagon revealed that the only civilian prosecutor had abandoned the case.

Pre-trial hearings also continued progress at a snail’s pace in the case of five men accused of involvement in attacks on New York City in September 2001. The oral arguments centre on evidence that had been destroyed – approved by the judge – related to the secret detention and torture of the defendants by the CIA. During the hearing, Khalid Sheikh Mohammed’s lawyer David Nevin argued that the judge Col. James Pohl and the prosecution team should be disqualified for destroying evidence. The judge questioned whether he can disqualify himself.

Two former Guantánamo prisoners were sentenced by the Brussels Criminal Court on 18 July for involvement in an armed robbery, the proceeds of which were allegedly to be used to fund terrorist activity in Syria. The two men, Moussa Zemmouri, 38, a Belgian national, and Soufiane Abbar Huwari, 46, an Algerian national, were arrested in July 2015 with five others. Zemmouri, who was not actually involved in the burglary or charged with involvement in terrorist activity, was convicted on charges of conspiracy to commit the burglary. He was given a 40-month suspended sentence. The other man was accused of funding terrorism in Syria and being responsible for a criminal gang. He was sentenced to 12 years. Huwari was not identified until the case came to trial and he was described as being a threat by the prosecution, which raises questions as to why he was allowed to enter and live in Belgium in 2014 if the authorities deemed him to pose a threat to the safety of Belgians.

Extraordinary Rendition:
Authorities in the US have rejected a request by the police in Scotland to have access to the full unredacted CIA Torture Report, a small, censored part of which was published in December 2014. The request was made over 18 months as part of an ongoing criminal investigation in Scotland into a number of rendition flights into and out of Scottish airports. At least 6 flights are currently being examined.

LGC Activities:
The July Shut Guantánamo demonstration was on Thursday 7 July. The August demonstration is on 4 August at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park, opposite Marble Arch: https://www.facebook.com/events/276214336087082/

The LGC (@shutguantanamo) is continuing to hold weekly #GitmObama Twitter storms to raise awareness about Guantánamo prisoners every Monday at 9pm BST. The pastebin is available http://pastebin.com/zpx5F7ab which is updated weekly with the latest information and tweets to raise awareness about Guantánamo. Please join us online if you can!