Showing posts with label Morocco. Show all posts
Showing posts with label Morocco. Show all posts

Friday, July 30, 2021

LGC Newsletter – July 2021

 Guantánamo Bay

The chief prosecutor in the case of five men accused of involvement in the 11 September 2001 attacks on New York City has announced his surprise retirement. Army Brigadier General Mark Martins, who has held the position for over a decade, had previously delayed his retirement and was due to remain in the position until 2023. His retirement makes a trial in the case “appear increasingly unlikely.” A message sent to the families of the victims of the attacks stated that he was stepping down "in the best interests of the ongoing cases." His retirement is effective as of 30 September.

https://www.npr.org/2021/07/10/1014885606/chief-guantanamo-prosecutor-announces-surprise-retirement-before-9-11-trial-star

 

Moroccan prisoner Abdullatif Nasser is the first prisoner to be transferred from Guantánamo by the Biden administration. He was repatriated to Morocco where he was reunited with his family in time for the Eid festival on 20 July. Nasser was cleared for release in July 2016. There are currently 39 prisoners held at Guantánamo, 10 of whom are cleared for release.

https://www.theguardian.com/us-news/2021/jul/19/guantanamo-bay-prisoner-biden-admin-first-transfer

 

Pre-trial hearings have now resumed at Guantánamo Bay following a delay of over 18 months due to the Covid-19 pandemic, with one held in the case of Nashwan Al-Tamir (Abdul Hadi Al-Iraq), on 13-14 July. It consisted mainly of questions put to the new judge in the case and concerning the defendant’s ability to participate in the proceedings. For details of the proceedings, please see:

https://www.lawdragon.com/news-features/2021-07-21-military-commissions-resume-on-guantanamo-amid-biden-closure-plans-and-pandemic-uncertainty

On 27 July, a brief hearing was held in the case of Majid Khan, who has been awaiting sentencing for almost a decade. In this brief hearing, the prosecution and defence also put questions to the new judge concerning his ability to deal with the case but did not object to his appointment.

 

 

UN Special Rapporteurs raised further concerns this month over the safety of men released by the Obama administration to the UAE under a secret agreement. Concerns were raised about the potential forced repatriation to Russia of Ravil Mingazov, who along with 18 Yemenis, has essentially been detained with limited access to family, lawyers and medical care since arriving in the UAE. The Russian authorities informed Mingazov’s family of his potential repatriation. Other Russian prisoners sent home have been subject to further persecution including torture, arbitrary detention and extrajudicial killing.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27255&LangID=E

While the Special Rapporteurs in their statement “welcome[d] the [UAE] Government’s decision not to repatriate these [18] Yemeni nationals” they had raised concerns about in October 2020, it has now been reported, according to their families and the Yemeni government, that 6 of these men were returned to Yemen in late July. After transfer from Guantánamo to the UAE, the men remained in detention. Concerns have been raised about the risk to the men in being returned to an active war zone. The men have yet to be released to their families, but the Yemeni authorities said they will continue to monitor them after release, which is more likely a request of the US than the UAE. The UAE is not the first state to repatriate former prisoners after having accepted them. In 2018, Senegal sent two prisoners back to their native Libya where, upon arrival, they promptly disappeared.

https://apnews.com/article/joe-biden-middle-east-africa-yemen-d77ecfc5cc02de4bd49618765eda0777

 

LGC Activities

The August monthly Shut Guantánamo! protest is on Thursday 5th August at 12-2pm outside the US Embassy in Nine Elms (Nine Elms Lane, SW11 7US, nearest underground: Vauxhall).  https://www.facebook.com/events/346316563824547/ If you require more details about this event, please email us at london.gtmo [at] gmail.com

Tuesday, June 06, 2017

LGC Newsletter – May 2017



NEWS:
Guantánamo Bay
Pre-trial proceedings continued in May in the case of five men accused of involvement in attacks on New York in September 2001. As part of the proceedings, another prisoner, Abu Zubaydah, who was severely tortured as part of the CIA’s extraordinary rendition programme but faces no charges, was due to give evidence on 12 May of the abuses the men claim they face at the secretive high security Camp 7 where they are all held, away from other prisoners and most of the prison guards. He was the first person to be subjected to waterboarding by the CIA and has successfully prosecuted Poland before the European Court of Human Rights for its role in his rendition and torture. Lawyers for one of the defendants, Ramzi bin Al Shibh, have tried for over a year to get Abu Zubaydah to testify about life at the camp to support “al Shibh’s claim that somebody is intentionally harassing him with noises and vibrations to disrupt his sleep. The military denies any sleep-deprivation program is happening, but both the prison and captives consider Zubaydah a respected, well-behaved block leader.
Abu Zubaydah decided not to testify as he would not be allowed to talk about the torture he faced in CIA custody for years before arriving at Guantánamo Bay in 2006. Had he testified, it would have been the first time he would have spoken in public since he was kidnapped in Pakistan in 2002. As he would not be given a fair chance to discuss the issues he wants or talk about the abuse he has faced, he decided there would be no benefit in testifying.
As part of the pre-trial hearings, lawyers for the five defendants argued that the tribunal was not legitimate and that the case against them should be dismissed as it is contrary to the international law of war. A variety of claims were made against the legitimacy of the charges in a war situation and whether the court has jurisdiction to hear the case; the men face the death penalty if found guilty. Prosecution lawyers defended the legitimacy of the court and the judge has yet to rule on these motions which go to the very heart of the legitimacy of the court.
Saifullah Paracha, 69, the oldest prisoner held at Guantánamo, has had his second bid to be cleared for release by the periodic review board rejected. The former international businessman offered to retire upon release and close his businesses; his plan is to return to Pakistan and spend his time with his family. Aged almost 70, his health is declining and he has never been charged since being kidnapped by the US in 2003. The board decided that his “continued refusal to take responsibility for his involvement with al-Qaida” was the reason for this continued detention. He is considered a very compliant prisoner but his lawyer argues that he cannot show remorse for things he maintains he did not do. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article151705882.html
The Spanish Supreme Court upheld the 11.5-year sentence given to former Moroccan prisoner Lahcen Ikassrien for having led a terrorist cell in Madrid that allegedly raised funds for ISIS. He was sentenced in September 2016 along with eight co-defendants.


Former Moroccan prisoner Younes Chekkouri was given a five-year sentence by the Criminal Court in Rabat on 3 May on charges related to terrorism. He was charged upon his return to the country in 2015 and was only released from prison in Morocco on bail in February 2016. His lawyers plan to appeal the conviction and sentence.

Sabir Mahfouz Lahmar, a former Algerian prisoner arrested in Bosnia in 2001, who was released and allowed to settle in France in 2009 with his family, was one of six people arrested in the French city of Bordeaux on 29 May on claims of being part of a recruitment ring for the Islamic State militant group. He was later charged with association with a terrorist organisation and is being held on remand. Given that he is a former Guantánamo
prisoner, he is suspected of having influenced people to go and fight in Iraq and Syria.

Lawyers in the ongoing case of Yemeni prisoner Hamza Ali Al-Bahlul, who was convicted by a military commission in 2009 and later won his appeal to have his conviction quashed twice, have taken the case to the Supreme Court and are asking the court to settle the issue of the validity of the jurisdiction of the military commissions: whether or not they have the power to hear the alleged war crimes cases brought before them.
Lawyers are also asking for clarity on this point in the case of Abd Al Nashiri, who is currently facing a military commission trial. His lawyers have already asked the court whether his offences can be classed as war crimes when they relate to alleged actions in the 1990s, before the war on terror started; the court replied that it was a legitimate question but one that should be considered after his trial is complete.

LGC Activities:
The May Shut Guantánamo! monthly demonstration was on 4 May. In addition to our regular, monthly demonstration outside the US Embassy and Hyde Park, the LGC also joined a number of other actions to raise awareness of the ongoing plight of 41 men held at Guantánamo for over 15 years. We joined the London May Day march on 1st May and the vigil on 17 May to welcome the release of Wikileaks whistleblower Chelsea Manning from jail in the US following her pardon.


Wednesday, September 30, 2015

LGC Newsletter - September 2015



British residents:
On 25 September, the British government announced that it had been informed by the US that the last remaining British resident Shaker Aamer, a Saudi national whose British wife and four children live in south London, has been cleared for release to the UK. Previously he had only been cleared for release to Saudi Arabia, a country he does not want to return to. The British government has pressed for his release to the UK since 2007, after he was cleared for release by the US for the first time. Following clearance by multiple agencies, it is estimated that he should be released to his family in the UK by 25 October. His family have called for his release not to be delayed. Prime Minister David Cameron welcomed this news and has called for Guantánamo to close.
Held at Guantánamo since February 2002, Shaker Aamer has never been charged or tried.
 
NEWS:
Guantánamo Bay:
Prior to the summer recess, in July, Barack Obama announced that he would have a plan to submit to Congress in early September for the closure of Guantánamo before the end of his final term as president in early 2017. The plan never transpired and the media remained silent.
On the other hand, in early September, Defense Secretary Ashton Carter told the US navy that the plan to close Guantánamo is by transferring prisoners who have not been cleared for release to military prisons on the mainland. He also said that there is no plan to evacuate the base at Guantánamo and return it to Cuba.
In early September, a number of possible locations – existing military prisons and land owned by the military to construct such a facility – were visited. Congress is likely to object to any transfers of prisoners to the US mainland and senators for the states visited have already expressed their objections. The LGC objects to any plans to franchise Guantánamo and anything short of the safe release of all the prisoners held there almost wholly without charge or trial. The LGC also believes this to be a stalling tactic as there is no plan, given that the Obama government is fully aware that Congress will pose a block to such “plans”. Furthermore, transfer to the US mainland is unlikely to confer any new constitutional rights on the prisoners and they may be held in worse conditions.
Showing that there are no actual plans to close Guantánamo or release all the prisoners, a contract has been put out for tender by the government until 2025 to provide prosthetics for 5 prisoners who need them.

On 11 September, Omar Khadr had a bail hearing to have the conditions relaxed and so that he may be able to visit his family in Toronto, especially as his grandmother is ill. A number of conditions were lifted on the same day to allow him to attend night school and early morning prayers. On 18 September, the same judge also ruled to lift most of his bail conditions, as he had been compliant since his release in May this year but kept a few in place. He is allowed to visit his family before the end of this year provided he is accompanied by one of his lawyers.
On 25 September, Omar Khadr joined the audience at a screening of a new documentary about his life, Guantánamo’s Child, at the Calgary International Film Festival in Canada. After the showing, he answered questions from the public along with his lawyer Dennis Edney and the filmmaker journalist Michelle Shepherd.

Following an investigation into the risk of cancer at the war court at Guantánamo Bay, which has already caused some casualties and at least seven illnesses in legal staff, the US navy has concluded that there is no need for a full investigation and that air samples and other tests had shown there is no major risk.

Three prisoners were cleared for release by the prisoner review board this month. Libyan prisoner Omar Khalif was cleared for release on health grounds; he is considered too ill to pose a threat. He is an amputee with no right leg below the knee, is blind in one eye and has glaucoma as well as suffering from a psychiatric condition.
The last Kuwaiti prisoner Fayiz Al-Kandari, who had his bid for release turned down by the board last year, has finally been cleared too.
Saudi prisoner Mohammed Shimrani, one of the first to arrive at Guantánamo was also cleared for release following a review. He had previously boycotted his review hearing in protest at genital searches by guards.
There are 29 prisoners who are ‘forever’ prisoner, who are subject to indefinite detention. 53 prisoners have been cleared for release.

There are currently 114 prisoners at Guantánamo Bay. The first transfer in over 3 months was made on 16 September when Moroccan prisoner Younes Chekkouri was returned to his country of origin. However, he remains detained there; Chekkouri was held incommunicado for two days after which the authorities stated that he was being held on remand at the notorious Salé prison pending an investigation into terrorism-related charges. He was never charged or tried at Guantánamo. Following a meeting with his Moroccan lawyer, it emerged that the US had blindfolded and shackled him on his return journey to Morocco, traumatising him. He has, however, been allowed to meet his family for the first time in 14 years. His lawyers believe that the US has confidential information which if released to Morocco could see Chekkouri released.
On 22 September, Saudi prisoner Abdul Shalabi was returned to Saudi Arabia where he will be enrolled in a rehabilitation programme. An alleged close associate of Osama Bin Laden, he was never tried for any offences. He is reported to have been on hunger strike since 2005.

Extraordinary Rendition:
According to lawyers of rendition victim and current Guantánamo prisoner Abu Zubaydah, the Senate Torture Report, a redacted part of which was published in December 2014, provides evidence that Lithuania hosted a CIA torture prison. The report also makes hundreds of references to Abu Zubaydah’s case. He was one of the parties who won a case against Poland for torture at the European Court of Human Rights earlier this year. A similar case is pending against Lithuania, which reopened an inconclusive investigation it had earlier closed, claiming there was no evidence.
Lawyers for one of the 9/11 defendants Mustafa Al-Hawsawi have also filed a case with prosecutors in Lithuania to find out more about what happened at alleged torture sites in the country.

Police in Canada have brought charges against a Syrian colonel, Georges Salloum, for his role in the torture of Canadian-Syrian citizen Maher Arar who was rendered to Syria in 2002 and was tortured and held illegally in prisons there. An Interpol notice for Salloum’s arrest has gone out. Arar has sought his arrest and prosecution since 2005. In 2007, he received CA$10,000,000 from the Canadian government and has also had an official apology from Prime Minister Stephen Harper. Canada was complicit in his torture. The US has never apologised.

LGC Activities:
The LGC was joined by the family of American-Palestinian prisoner in Iraq Shawki Ahmed Omar at the September demonstration. The October Shut Guantánamo demo will be on Thursday 1 October: https://www.facebook.com/events/444096722441447/

The London Guantánamo Campaign, along with Free Omar Khadr Now, held a Twitter storm on 8 September when Barack Obama’s plan to close Guantánamo failed to materialise. Encouraged by the success of this action, the LGC has held two other #GitmObama Twitter storms since then. 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 next Twitter storm will be on Monday 5 October at 9pm BST/ 4pm EST / 1pm PST. Please check our Twitter @shutguantanamo for further details and the pastebin to take part.