Showing posts with label torture report. Show all posts
Showing posts with label torture report. Show all posts

Friday, May 31, 2019

LGC Newsletter – May 2019


Guantánamo Bay
Pre-trial hearings continued in early May in the case of five men accused of involvement in terrorist attacks in New York City in September 2001. During the hearings, the defence team called for unfettered access to the full 2014 US Senate report on CIA torture to use as evidence of the torture of their clients. The prosecution claimed the defence teams have already had sufficient disclosure of information about the CIA programme; currently a 500-page executive summary is available in summarised and redacted form of the 6000-page report. Some of the defence lawyers initially did not attend, due to concerns over the safety of lawyers and their ability to do their work unhindered.
The week’s hearings were further complicated when the judge announced on Thursday (2 May) that he would be stepping down from the case to take up a new job “commanding the Marine Corps Embassy Security Group in June.” He joined the Guantánamo case as judge in August 2018.
Later in May, it was announced that CIA contractors, psychologists James Mitchell and Bruce Jessen, who designed the CIA’s torture programme, are being summoned to testify at the next pre-trial hearing of this case. Defence lawyers have asked for them to attend as witnesses to answer questions about the programme and the ordeal their clients went through before arriving at Guantánamo along with dozens of other former and present CIA officers. James Connell, a lawyer for Ammar al Baluchi, one of the five Guantanamo prisoners facing trial by military commission for their alleged roles in the attack, stated: “This will be the first time Dr. Mitchell and Dr. Jessen will have to testify in a criminal proceeding about the torture program they implemented.”
With the next hearing scheduled for late June, it is not clear who will preside over the hearing with the previous judge stepping down in June and the new judge, retired US Navy judge Christian L. Reismeier only having been confirmed publicly in the post on 28 May.
 
For the past five years, some lawmakers in the US have tried to have a clause included in the National Defense Authorization Act, passed each year to authorise defence spending, allowing Guantánamo Bay prisoners to be released to the US mainland for emergency medical treatment. With the bill for the coming year to be passed as an act later in the summer, members of the Senate Armed Services Committee have approved a small clause in the draft law that could allow prisoners to be transferred for medical treatment in exceptional cases. Currently, some medical treatments are expensive or impossible to provide at Guantánamo. The clause would still need to be approved by the rest of the Senate and the version drafted by Congress. As the prisoner population grows older, healthcare is becoming an increasingly important issue, especially for the military personnel whose job it is to care for them.

Two prisoner reviews were held on 21 May to decide whether prisoners can be cleared for release. For Libyan prisoner Mustafa Faraj Muhammad Masud al-Jadid al-Uzaybi it was his fourth such review in the past few years and the third for Malaysian prisoner Mohd Farik bin Amin. Neither man attended the hearing as prisoners continue to boycott the process which offers them no prospect of release.
 
Spanish former prisoner Hamed Abderrahman Ahmed, who was released in 2004 to his home in the Spanish enclave of Ceuta is currently on trial in Spain for his alleged involvement in running and being a member of a terrorist cell recruiting for ISIS and particularly seeking to enlist minors. He is on trial with two other men following his arrest in 2016, although charges were not brought until later. He was tried and convicted of membership of a terrorist organisation in 2005 upon his return from Guantánamo but the 6-year sentence he was given then was overturned by the Spanish Supreme Court and he was subsequently released.


Extraordinary Rendition
Police in Scotland have been urged to continue their investigation into claims that the CIA used Scottish air space to refuel planes during the illegal transfer of prisoners as part of its extraordinary rendition programme. As part of a six-year investigation which has recently ended and the report produced has been handed over to prosecutors, investigators sought to obtain a copy of the full 2014 US Senate report on CIA torture but this was never granted.

LGC Activities:
The May Shut Guantánamo! demo took place on 2 May. There is NO Shut Guantánamo! demo in June as the LGC will join the Guantánamo Justice Campaign to form a ‘Close Guantánamo’ bloc on the Together Against Trump demonstration on 4 June, meeting on the steps of St Martin-in-the-Field at 11am.

Thursday, April 27, 2017

LGC Newsletter – April 2017


NEWS: 
Guantánamo Bay:
On 31 March, a federal appeals court ruled against the disclosure of videos showing the painful methods used to force feed hunger-striking prisoners as the judge claimed they are classified and this could harm national security and “endanger troops and fuel global hostilities against the United States.” A federal district judge had previously ruled to disclose the videos, which show former Syrian prisoner Jihad Diyab been violently removed from his cell, beaten and force fed during the 2013 hunger strike. He was released from Guantánamo in 2014. As a result of the hunger strike and the abuses he faced at Guantánamo he remains unable to walk without the use of crutches. The US military no longer reports on who is on hunger strike or what action is taken against hunger strikers but a few of the remaining 41 prisoners are reported to still be on hunger strike permanently or from time to time.
 
On 7 April, the military judge in the case against five men accused of involvement in the September 2001 attacks in New York dropped two minor charges against them. The men, who face the death penalty on more serious charges, had the charges of destruction of property and attacking civilian objects dropped on the basis that too much time has passed since the incident for these offences to be tried by law. Prosecutors argued that this rule does not apply to military tribunals. The judge disagrees but prosecution lawyers have filed a petition to have the dropped charges reinstated.
 
On 11 April, a group of military lawyers working at the Guantánamo Bay military commissions brought a lawsuit against the US Department of Defense claiming that they have been forced to work and live for a number of years in an area with a high level of known carcinogens. They claim that the authorities did not follow up on reports of health hazards.
The complaint cites the Navy’s “unreasonable delay” in assessing known environmental hazards such as mercury and formaldehyde, and its “arbitrary and capricious determination that . . . personnel must live and work in contaminated areas of Camp Justice before a proper investigation and appropriate remediation are completed.”
A number of people working there are known to have cancer and the cancer risk is related to at least 7 deaths of military and civilian staff.

A new Argentine Spanish-language documentary "Life After Guantanamo" ("La vida después de Guantánamo") looks at the life of Syrian refugee Jihad Diyab since he left Guantánamo for Uruguay in 2014. He has lost 13 members of his family in the war in Syria, and most of his family are currently refugees in Turkey. He could not return to Syria when he was cleared for release in 2010 because of the threat of torture (his wife was "disappeared" and imprisoned instead). Other prisoners sent to third countries also talk about the difficulties they have faced away from their families, in strange countries where they cannot speak the language, and cannot work due to language, trauma and the stigma of Guantánamo. They talk about the difficulties they face in their new surroundings and how they cannot escape Guantánamo as well as the false promises made by their lawyers/representatives of what they could expect once released. Diyab says the former prisoners cannot expect to live a normal life.
The documentary (in Spanish) can be watched at the end of this link:

The difficulties of life after Guantánamo continue elsewhere for Younes Chekkouri, released to Morocco in 2014 and facing terrorism charges there. A court hearing has been set back again and it is now unclear when his case will be heard. 
In Canada, while Justin Trudeau’s government has many admirers for its work on multiculturalism and refugees, where Omar Khadr is concerned, very little has happened. Not much has changed for him under Trudeau’s government. A copy of his Canadian criminal record obtained by the Canadian press claims that Khadr was convicted by a Guantánamo youth court, even though no such thing exists, and fails to recognize that the Guantánamo military tribunals are not recognized as legitimate courts anywhere else. His lawyers have expressed surprise at the document.

Pre-trial hearings continued at Guantánamo in the case of Abd al Hadi al Iraqi, whose lawyers now claim is called Nashwan al Tamir and is a victim of mistaken identity and that he is not and was never an Al Qaeda leader and did not command attacks on US military personnel and installations in Afghanistan.
In order to prove otherwise the prosecution is seeking to have another prisoner, Saudi Ahmed Al-Darbi, who was convicted in 2014 and is awaiting sentencing, provide testimony in this case and inform the court that the two had met 20 years ago on one occasion in 1997. Al-Darbi, who pleaded guilty in a plea bargain in 2014 that would allow him to serve his sentence in Saudi Arabia, deferred his sentencing so that he can testify against Abd Al-Nashiri. A sentencing hearing in Al-Darbi’s case set for May was cancelled due to a scheduling conflict. As Al-Nashiri’s case is unlikely to start for at least another year, and no schedule has been put forward for al Iraqi’s case, Al-Darbi is likely to give a video testimony in both cases. Discussion at the hearing looked at when that might take place and also whether Al-Darbi’s confession can be relied upon as he has said that he was tortured into making confessions.
During the pre-trial hearing al Iraqi’s lawyers also asked whether their client would be released if found innocent or given a short sentence.
 
Extraordinary rendition:
The US Supreme Court has rejected an appeal from the American Civil Liberties Union (ACLU) for full disclosure to be made of the 2014 US Senate CIA Torture Report. An executive redacted summary has been made public but the ACLU sued for the full 6000-page report to be made public through a freedom of information request.

LGC Activities:
The LGC’s April Shut Guantánamo! demo was held on 6 April. The May demonstration is on 4 May at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park: https://www.facebook.com/events/2085724208321107/
A video of Val Brown from the LGC speaking to journalist Parveen Ali at the demo https://www.youtube.com/watch?v=tLm0_ocAcco&feature=youtu.be