Beyond Words…Nine Years of Guantánamo Bay

To mark the ninth anniversary of the opening of the illegal detention and torture camp at Guantánamo Bay on 11 January 2002, the London Guantánamo Campaign will be holding a silent lunchtime vigil from 1-2pm on Tuesday 11 January 2011 on the north side of Trafalgar Square, opposite the National Gallery (at the top of the steps).

We invite you to join us for part or all of your lunch break to mark this anniversary. Demonstrators are invited to wear orange jumpsuits (which we will provide) and to hold up placards in an otherwise silent protest.

Nine years since Guantánamo Bay opened, please join us to protest this unspeakable injustice, the silence of our government in its collusion in gross human rights violations and the deafening silence of the international community over the past nine years.

Please watch this space for more details or get in touch.

LGC Newsletter - September 2010

LGC Newsletter – September 2010

NEWS:

British Residents:
In the ongoing court case brought by six former British prisoners, residents and nationals, to force the government to reveal what it knew of their torture, abuse and arbitrary detention, more documents have come to light showing that former Prime Minister Tony Blair knew of the torture faced by British prisoners at Guantánamo Bay within weeks of the facility opening in 2002. A letter dated 18 January 2002 contained handwritten comments that were allegedly made by Tony Blair on the treatment of prisoners:
http://www.guardian.co.uk/law/interactive/2010/sep/28/foreign-office-memo-britons-guantanamo . The government was also made aware that prisoners had been tortured in Afghanistan. Several of the documents made public were heavily redacted: http://www.guardian.co.uk/world/2010/sep/28/torture-warnings-britain-us-ignored

Guantánamo Bay:
On 29 September, the jury was sworn in the case of Ahmed Khalfan Ghailani, 36, a Tanzanian who is the first prisoner due to stand trial in a civilian court in New York as opposed to before a military tribunal. Charged with involvement in the 1998 bombing of US Embassies in east Africa, he is accused of purchasing the explosives used in those attacks. He was arrested in Pakistan in 2004 and was held at secret CIA "black sites" for two years, during which time American officials have admitted that he was subject to "enhanced interrogation techniques”. He was transferred to Guantánamo Bay in 2006 and then to the US mainland in June 2009 to stand trial before a Federal court. In May this year, his lawyers lost a case to have all charges against him dropped as he had been tortured at Guantánamo Bay and the 57 months that he was held there denied him the right to have a trial within a reasonable amount of time. However a Manhattan judge ruled that the national security interest in the case was overriding and it could go ahead. Ghailani, who has denied all charges, was due to start his hearing on Monday 4 October, however this has been set back to Wednesday 6 October. The trial has been set back as approval is pending for a key prosecution witness. The trial is likely to last several months and could set an important precedent for the civilian trial of other prisoners facing charges. Several other men prosecuted for the same crime in 2001 are currently serving life sentences.

In mid-September, Germany accepted two prisoners to settle in the country. This is in addition to the efforts it made to have its one resident repatriated several years ago. One of the men, now settled in Hamburg, is Ayman Al-Shurafa, a Saudi-born Palestinian prisoner, who was free to leave for several years but could not return to the Palestinian Territories. Another prisoner has been settled in another area. Both have been offered homes and medical care. Germany’s interior minister said that Germany has "made its humanitarian contribution to closing the detention centre”. Luxembourg, which had also expressed an interest in accepting a prisoner and had entered negotiations with the US government to accept a Yemeni prisoner backed down after the US rejected the release of the prisoner as he had expressed his intention to return to his own country. The US is refusing to repatriate Yemeni prisoners, who make up the single largest nationality of prisoners held at Guantánamo Bay. The Maldive Islands are also close to requesting the settlement of the last Palestinian prisoner, who also cannot return home, to settle there.

On 29 September, a federal judge in Washington dismissed a case brought by the family of two men who died in mysterious circumstances at Guantánamo Bay in June 2006. The families of Saudi prisoner Yasser Al-Zahrani and Yemeni Salah Al-Salami asked for the case into their deaths to be re-examined following new evidence that emerged this year. The Pentagon claims that the two men and a second Saudi prisoner committed suicide, however statements from soldiers on duty that night claim that the men were taken to another camp and later returned to their cells, shortly after which it was reported that they had committed suicide. The judge said that the allegations themselves were not enough to constitute evidence and that matters relating to conditions of detention at Guantánamo Bay were for Congress to resolve, due to national security concerns, as stated in another court ruling.

Journalist Andy Worthington is currently updating the information he has on the 176 remaining prisoner at Guantánamo Bay in eight instalments. The introduction and lead into the other parts can be read here:
http://www.andyworthington.co.uk/2010/09/15/introducing-the-definitive-list-of-the-remaining-prisoners-in-guantanamo/ The articles update their legal status, new information about them as well as recent information about conditions at Guantánamo Bay and the lack of legal process there or any questioning about it.

Extraordinary rendition:
On 9 September, the US Court of Appeals for the Ninth Circuit ruled narrowly (6-5) to prevent victims of extraordinary rendition, including British resident Binyam Mohamed from suing Jeppesen Dataplan, a division of Boeing, for its involvement in "torture" flights, organising and transporting them to and from “black sites” for the CIA. Last year, five victims of extraordinary rendition in a case brought by the American Civil Liberties Union (ACLU) were given leave to bring their case, however the Obama administration, following firmly in the footsteps of its predecessor, invoked the "state secrets doctrine", claiming that it was not in the interest of national security to have the case heard in public. The judges “reluctantly” accepted the government’s arguments to keep all the information secret due to national security concerns, however conceding that the CIA had acted wrongly, whether or not that information could be produced openly in court, it ordered the government to pay reparations to the plaintiffs, even though they had lost the case. The ACLU will now appeal the case to the US Supreme Court.
http://www.guardian.co.uk/world/2010/sep/09/us-court-binyam-mohamed-torture

On 12 September, a group of 9 UK human rights NGOs wrote to the chair of the torture inquiry, Sir Peter Gibson, setting out the areas they believe the inquiry should cover in order to be thorough and effective. The letter can be read at: http://reprieve.org.uk/2010_09_12_letter_from_ngos_re_inquiry These measures include that the inquiry must be prompt, independent, thorough and subject to public scrutiny. It should also be as public as possible with publication made of the findings and with the involvement of NGOs and those affected.
http://www.guardian.co.uk/law/2010/sep/14/uk-torture-inquiry-victims-ngos
The All-Party Parliamentary Group on Extraordinary Rendition also wrote to Sir Peter Gibson in early October setting out the measures they believe need to be taken in the inquiry http://www.extraordinaryrendition.org The MPs also called for the role played by ministers, senior civil services and the intelligence officers to be taken into account.
http://www.guardian.co.uk/law/2010/oct/03/mps-torture-inquiry-demands-judge
Although the Prime Minister, who announced the inquiry in July, wishes to see it start its work this year and conclude next year, this is unlikely to happen with various ongoing court cases against the Foreign Office and intelligence services for their involvement in torture abroad.

At its annual party conference on 19 September, the Liberal Democrats passed a unanimous motion on the torture inquiry:
http://www.libdems.org.uk/policy_motions_detail.aspx?title=Human_Rights_and_the_%E2%80%98War_on_Terror%E2%80%99_-_carried&pPK=27c7bfe1-2904-4922-bc58-61f3f2537f35 It called for as much publication and as much evidence in the inquiry as possible to be made public. It also called for accountability.

Former Labour leadership contender and older brother of the current Labour leader, David Miliband, was consulted by MI6 during the three years that he was Foreign Secretary before proceeding with intelligence-gathering operations in foreign countries. This included gathering information from prisoners held in countries that torture. Although he blocked some operations, others were authorised. During his time as Foreign Secretary, several British nationals were tortured in foreign jails with the knowledge of the British government. These countries include Bangladesh and Egypt.
http://www.guardian.co.uk/law/2010/sep/21/mi6-consulted-david-miliband-interrogations

In July, when the Prime Minister announced the torture inquiry, he also published new guidelines for intelligence officers when interrogating suspects abroad. The Equality and Human Rights Commission (EHRC) is threatening to take legal action against the government if it does not take immediate steps to remedy loopholes in this guidance which could breach human rights law. The EHRC does not consider the guidelines to go far enough to prevent involvement in torture, for which agents could still be prosecuted in this country. The government was given until 30 September to respond to a letter from the EHRC or otherwise legal action would be taken.
http://www.bbc.co.uk/news/uk-politics-11414770

LGC Activities:
The September monthly Shut Down Guantánamo! on Friday 3 September was attended by several people as was the October demonstration on Friday 1 October. The next demonstration will be on Friday 5 November at 6-7pm outside the US Embassy, Grosvenor Square, W1A 1AE.

The LGC is starting to plan its action for the ninth anniversary of the opening of Guantánamo Bay on 11 January 2011. Please get in touch with us if you would like to get involved and help out.

The LGC also urges concerned individuals to continue writing to their MPs and the Foreign Office about Ahmed Belbacha, and urging the UK to accept him. Given recent, positive measures by other states to accept prisoners and the urgency of Ahmed Belbacha's plight, please continue writing and demanding that the government takes action. Mr. Belbacha's immigration status over nine years ago is completely irrelevant to where he is now. The British government must act on humanitarian grounds. Please let us know if you get a response. Thank you.

London Guantánamo Campaign

Latest Campaigns - Ahmed Belbacha/ Extraordinary Rendition

- Ahmed Belbacha
In July, we launched a letter-writing campaign asking the public to write to their MPs and the Foreign Office demanding that the UK allows Ahmed Belbacha to settle in the UK. He faces the imminent threat of forced repatriation to Algeria where his life is at risk. Although a letter was initially sent by the LGC to the Foreign Secretary in June, there has to date been no response to any letters sent. It is unfortunate that the Foreign Office does not understand the concept of "urgency". The government continues to drag its heels over Guantánamo Bay. Britain has not "done enough" to help the Americans close the prison and with Germany accepting another prisoner just last week, we urge you to continue writing to your MPs and the Foreign Secretary. if you have not heard from your MP, write to them to ask why and if they have forwarded your concerns. It has been almost 10 years since Ahmed Belbacha left the UK; the previous government's argument that his immigration status was illegal is thus wholly irrelevant and Britain should accept Mr. Belbacha on humanitarian grounds. Please continue to use the points raised in our action letter as a guide when writing to your MP/the Foreign Office: http://londonguantnamocampaign.blogspot.com/2010/07/lgc-urgent-action-ahmed-belbacha-at.html
- Extraordinary Rendition
At the Liberal Democrat party conference yesterday in Liverpool, a motion was passed unanimously concerning the forthcoming torture inquiry: http://www.libdems.org.uk/policy_motions_detail.aspx?title=Human_Rights_and_the_%E2%80%98War_on_Terror%E2%80%99_-_carried&pPK=27c7bfe1-2904-4922-bc58-61f3f2537f35 While in part an attack on the former Labour government, the motion calls for the terms of the inquiry, as proposed by the current government, to be clarified and for "all evidence and questioning to be public and calls on the Prime Minister to commit to publish all the inquiry’s conclusions, except where such publicity or publication would genuinely compromise operational effectiveness" (6). The motion also calls for accountability which has previously been lacking in any talk about the inquiry since June. The passing of this motion is a positive step, however we ask supporters who live in constituencies with Liberal Democrat MPs to write to them (www.theyworkforyou.com) to ask them how their party, a part of the current coalition government, intends to have their motion upheld and supported by the government, to ensure these clarifications are made and that there is wider transparency and accountability in this process. While many relevant issues of concern to the public are raised in the motion, it fails to mention the fact that the inquiry, as set out by the Prime Minister, intends to look into "mistreatment by the security services" and not enforced "disappearance", rendition and torture. Mistreatment has no legal value and has yet to be defined or "clarified". Please write to your Liberal Democrat MP, if applicable, to raise your concerns.

LGC Newsletter - August 2010

Guantánamo Bay:
Omar Khadr’s military tribunal started on 11 August at Guantánamo Bay. On Monday 9 August, at a pre-trial hearing, legal precedents were already being set with the judge deciding that evidence obtained through torture was admissible in his case. The case was thus biased against Mr. Khadr before it even started as the “evidence”, his confessions to the charges against him, was obtained under duress and after threats of rape and death: http://www.theglobeandmail.com/news/world/khadrs-confessions-admissible-military-judge-rules/article1666620/ The following day, as the jury in the trial was sworn in, one juror, a serving lieutenant colonel in the US army, who had said that he agreed with President Obama that Guantánamo should be closed down, was removed from the jury, for lacking impartiality. The impartiality of the actual jury is questionable as those serving on it had volunteered to do so, further tipping the balance against Mr. Khadr:
http://www.independent.co.uk/news/world/americas/guantanamo-critic-removed-from-jury-2051286.html
Omar Khadr attended his trial on Tuesday and Wednesday. On Wednesday, there were opening statements from the prosecution and defence. Evidence, including video evidence, was presented to the courtroom and in the afternoon, while cross-examining a prosecution witness, Lt. Col. Jon Jackson, Khadr’s defence lawyer, collapsed in the courtroom and the trial has now been adjourned for at least one month. Jackson was hospitalised and has since been transferred to the mainland US. It is uncertain when the trial will start again. The trial was observed by the international media, including Al-Jazeera, Canada’s The Globe and Mail newspaper, the Independent and Alex Neve, secretary general of Amnesty International Canada, covered each day of the hearing and posted his blogs at: http://www.amnesty.ca/blog_post2.php?id=1921 Amnesty International is calling on the US and Canadian governments to call an end to the trial before it resumes. On 27 August, the New York Times reported that senior officials in the Obama administration are unhappy with the first case being heard under the new military commissions regime being that of Omar Khadr, claiming that it “is undermining their broader effort to showcase reforms that they say have made military commissions fair and just” http://www.nytimes.com/2010/08/28/us/28gitmo.html The article also claims that they felt it would have been more satisfactory to reach a plea bargain in the case. A plea bargain was put to Mr. Khadr in July, in which he would be given a set prison sentence in return to confessing to killing a US soldier in 2002, which he rejected. At no time has the US actually taken measures to halt the commission, which without even surviving its first full day, has already set worrying precedents for trials involving minors and the level of evidence required in such trials.

On 12 August, in a separate trial, 51-year old Sudanese prisoner, Ibrahim Al-Qosi, became the first prisoner to be sentenced since Barack Obama became president. Mr. Al-Qosi pleaded guilty to conspiracy and providing material support to terrorism by doing his job as a cook and driver to Osama Bin Laden and his associates. He was sentenced to 14 years’ imprisonment, however a secret plea deal was reached in his case, and he is likely to serve fewer years. He entered a guilty plea, under the plea bargain, in July, avoiding the need for trial. Mr. Al-Qosi has been held at Guantánamo Bay for more than eight and a half years and was one of the first people to be charged. Human Rights Watch, observing the proceedings, condemned the secretive nature of the proceedings and the plea bargain as a “farce”. More on this news:
http://www.independent.co.uk/news/world/americas/bin-ladens-former-cook-given-14year-sentence-2051287.html

On 19 August, the Independent reported that the closure of Guantánamo Bay is unlikely in President Obama’s first term as president. Admiral Jeffrey Harbeson, who took over running of the prison in June, gave an interview to the newspaper and reported that he has not received any direct orders to start transferring prisoners so that the prison can close:
http://www.independent.co.uk/news/world/americas/exclusive-obamas-pledge-to-close-down-guantanamo-is-not-even-close-2056370.html
The transfer of prisoners is problematic, with many in the US opposed to their transfer to the mainland and opposition from political parties and senators. The risk of prisoners being transferred to other similar sites elsewhere, such as Bagram in Afghanistan, still poses a major concern. The US has not expressed how it will deal with this issue. Around 180 prisoners still remain.

Extraordinary rendition:
In an interview in the Independent on Sunday on 29 August, Labour leadership candidate and former Foreign Secretary David Miliband continued to peddle the myth that his ministry was unaware that it was complicit in involvement in extraordinary rendition and the abuse of British nationals and residents at Guantánamo Bay when it cooperated closely with the US following 9/11. Mr. Miliband admitted that abuses had occurred and British intelligence had been slow to act but did not admit to the knowing complicity of agents and ministry staff. Documents made public through the Binyam Mohamed case and statements by former prisoners show that there was awareness among senior ranks of the civil service and among agents of the very nature of the torture and abuse meted out and exactly what was happening to British prisoners held by the US. For more on this news:
http://www.independent.co.uk/news/uk/politics/exclusive-david-miliband-britain-was-slow-to-act-against-us-torture-2064949.html

LGC Activities:
The September monthly Shut Down Guantánamo! will be on Friday 3 September at 6-7pm outside the US Embassy, Grosvenor Square, Mayfair. On Friday 6 August, the LGC held an extended two hour demonstration outside the US Embassy in protest at Omar Khadr’s military tribunal. Ten people attended the demonstration. A petition calling for justice for Omar Khadr was later sent to the US ambassador to London and was signed by over 100 people. For a report and pictures of the demonstration, please see:
http://www.indymedia.org.uk/en/2010/08/456827.html

In August, the LGC launched a letter writing campaign asking people to write to some of the former prisoners who are currently settling down into new lives in Europe. Details were provided for three prisoners who are currently being helped by Reprieve to settle in Slovakia. Conditions after their release have not been easy. The LGC asks people continue writing to these men – a short card/letter – to help boost their morale and help them settle into their new life. For more details on the campaign: http://londonguantnamocampaign.blogspot.com/2010/08/write-to-released-guantanamo-prisoners.html


London Guantánamo Campaign

Write to released Guantánamo Prisoners in Europe in Ramadan

Former prisoners speak. Ramadan was more spiritual in Guantanamo. It was our time to be with our brothers - especially the more educated ones. They would talk in low voices from cage to cage. All brothers gave each other Salam. Being in prison we studied the Koran well and many learnt Arabic. Through all our suffering we were being tested by Allah. So we became strong. Physically, too: doing press-ups and star-jumps. Who'd have guessed it? Guantanamo became our school. A madrassa. The place which made us grow up, become closer to Habib; where, in the single voice calling for prayer every day as the sun was rising, we created beauty out of ugliness. And in that we gained victory over the disbelievers who stood guard on us.”

Based on statements by Moazzam Begg, Bisher Al-Rawi and the Tipton Three, and compiled by David Harrold.

Former prisoners in need of support. As part of his pledge in January 2009 to close Guantánamo Bay, Barack Obama’s government has been making arrangements to resettle prisoners in third countries when they cannot be safely returned to their country of origin. Many European countries including Ireland, Hungary, Belgium, France, Italy, Slovakia and Albania have agreed to settle ex-prisoners. However, life after Guantánamo can prove to be extremely challenging and difficult. Many men find themselves alone, attempting to rebuild their lives in countries where they are isolated and cannot speak the language, where they have difficulties making friends and accessing services.

In some cases their new living conditions are as bad as those they encountered in Guantánamo Bay. In January, three men were released to Slovakia. Upon entry into the country, they were interned at an asylum detention centre where they were only allowed to leave their room, consisting of a bed and a sink, for one hour a day. They were not permitted to speak to anyone other than their lawyer or staff at the centre. In June, in protest at their living conditions, the men went on hunger strike. The ensuing publicity finally resulted in them being released last month.

Over a dozen prisoners have been released in the last year. The Muslim holy month of Ramadan, which started on 11 August, can be a particularly lonely time for men who, while at Guantánamo Bay, at least had the companionship of fellow prisoners. Ramadan is a time for togetherness and social activity, as well as for abstinence. This is the first time in over 8 years that they will experience Ramadan alone.

Please consider writing to these ex-prisoners. A letter or card congratulating them on their release, wishing them well in their new life, asking them how they are, a short note, would all be greatly appreciated.

The three men released in Slovakia are:

Adel Al Gazzar, a 40-year Egyptian accountant who speaks fluent English, he has a wife and 3 children in Egypt whom he has not seen for over 9 years. He was captured while working for the Red Crescent in Afghanistan and was one of the first men to be cleared for release.
Rafiq Bin Al Hami, a 41-year old Tunisian who speaks English and Arabic, and who had previously worked in several European countries.
Polad Sirajov, a 35-year old economist from Azerbaijan who likes football., and who speaks English, Arabic and Russian.

You can send cards and letters:
FAO Chloe Davies
Reprieve
PO Box 52742,
London, EC4P 4WS

You can also write to other former prisoners whom Reprieve is working with. Details can be found on their website: www.reprieve.org.uk

Cageprisoners is also in touch with various former prisoners. Contact them for details: contact@cageprisoners.com

Two Tunisians who were transferred from Guantánamo Bay to Italy at the end of last year, are of particular concern. Although cleared for release by the US, the Italians sought their transfer in order to put them on trial on terrorism charges. Their trial is scheduled to take place next month. They are currently being held in prison at Macomer in Sardinia, under notoriously harsh and discriminatory conditions. Please write to them if you can:
Adil Bin Mabrouk and Riyad Bin Nasseri:
Casa Circondriale Macomer Nuoro
Zona Industriale Bonu Trau
08015 Nuoro
Italy

Details of the stories of all these prisoners and others can be found on Andy Worthington’s website: www.andyworthington.co.uk
London Guantánamo Campaign

Guantánamo Bay: Military Tribunal for Child Soldier Starts Today

The first military trial since Nuremberg for alleged offences committed as a minor starts today at Guantánamo Bay and is expected to continue until 27 August at least. Although dozens of teenagers have been held at Guantánamo Bay and several have been charged, Omar Khadr, a 23-year old Canadian today becomes the first person to be tried at Guantánamo Bay under its flawed military commissions regime since Obama took power and the first person to be tried for war crimes allegedly committed as a minor since World War II.

Omar Khadr has never been treated as a child prisoner in over eight years at Guantánamo Bay. Beaten, abused, threatened with rape and death to coerce confessions, he has been denied his right to an education, adequate medical and legal representation and care and his constitutional rights as a Canadian through his government’s consistent refusal to help him through repatriation. Today he is being denied his right to a fair “trial”. Omar Khadr is under no illusion as to the illegal and unfair process he is being subjected to as the world watches with little concern.

In Germany, meanwhile, an 88-year old former Nazi prison guard about to stand trial for involvement in the deaths of over 400,000 Jews at Belzec will do so before a juvenile court as the alleged crimes were committed when he was 20 and was thus a minor at the time. International law considers child soldiers to be victims and not criminals. There are estimated to be over half a million children (under 18) involved in armed conflicts around the world and the precedent being set by the United States today in trying Omar Khadr could prove to be dangerous and prejudicial to others in a similar, precarious situation. Omar Khadr’s trial has been condemned by the Special Representative of the UN Secretary-General for Children in Armed Conflict and the head of UNICEF.

After eight years of arbitrary detention, abuse, torture, threats and gross violations of his human rights, Omar Khadr faces the prospect of life imprisonment, a sentence prohibited under international law for crimes committed by minors. Last month he rejected a plea bargain by prosecutors who offered him a five-year sentence if he admitted to killing American soldiers in Afghanistan in 2002.

Omar Khadr is a victim of the war in Afghanistan, the “war on terror”, the misguided foreign policies of the US and Canada and the complacency of the international community, yet today he stands trial as an adult based on evidence coerced through torture and which even leaked Pentagon documents have admitted is tenuous at the very best.

The London Guantánamo Campaign, which holds a monthly demonstration outside the US Embassy in Mayfair calling for the closure of Guantánamo Bay, Bagram and other torture and arbitrary detention facilities around the world, held an extended two-hour demonstration on Friday 6 August outside the US Embassy. Ten people attended the demonstration. Although the US Embassy was the venue, the London Guantánamo Campaign also calls on the Canadian government to repatriate Mr. Khadr immediately which would have been the logical and most appropriate way of dealing with its human rights abuses and those of its southern neighbours in the USA.

The London Guantánamo Campaign has also set up the following petition which will be sent to the American ambassador in London Louis Susman at the end of this week: http://www.gopetition.com/petition/38137.html

Amnesty Canada’s Secretary General Alex Neve will be attending and blogging from the trial everyday. Updates can be read at: http://www.amnesty.ca/blog_post2.php?id=1900
Amnesty USA is likely to do likewise next week.

Photographs: Copyright: RK Wolff

A "Dangerous International Precedent": Demonstrate against the trial of Omar Khadr

SETTING “A DANGEROUS INTERNATIONAL PRECEDENT” : US SET TO GO AHEAD WITH THE FIRST WAR CRIMES TRIBUNAL FOR A CHILD COMBATANT SINCE WORLD WAR II

The London Guantánamo Campaign’s monthly demonstration outside the US Embassy in Mayfair will be extended on Friday, 6 August to a two-hour action from 5-7pm to mark the first military tribunal at Guantánamo Bay since President Obama took power and the first time since World War II that a child soldier is being tried for war crimes.Accused of throwing a grenade at US soldiers in Afghanistan in July 2002, killing one soldier and other war crimes, 23-year old Canadian national Omar Khadr is to become the person since Nuremberg to be put on trial for offences alleged committed as a minor. Held at Guantánamo Bay since October 2002, he has been tortured and abused: http://www.youtube.com/watch?v=aQHFFbD_-Pg

At a pre-trial hearing in April, a US interrogator admitted to threatening him with gang rape and murder if he refused to confess. Mr. Khadr has tried to boycott the commission he has described as a “sham” and to fire his legal team. It is unlikely that he will get a fair trial and any “evidence” against him is tenuous at best.

His military commission has been condemned by the United Nations Special Representative for Children in Armed Conflicts, the head of UNICEF, international NGOs and others. Although international law does not expressly prohibit the prosecution of child soldiers, it limits it considerably and does not allow for a life sentence, which Omar Khadr faces. International law views child soldiers as victims and not criminals. With over 300,000 child soldiers estimated in various conflicts worldwide, the precedent that could be set by trial is truly dangerous and could have harmful consequences for the safety of millions of children caught up in armed conflicts.

A letter he recently wrote to his Canadian lawyer Dennis Edney was published in the Washington: http://voices.washingtonpost.com/checkpoint-washington/2010/07/a_letter_from_omar_khadr_guant.html

Please join us on FRIDAY 6 AUGUST 2010 AT 5-7PM outside the US EMBASSY, GROSVENOR SQUARE, LONDON W1A 1AE (nearest tube: Bond Street/Marble)

LGC Newsletter – July 2010

NEWS:
Guantánamo Bay:
Student Mohamed Al-Odaini was the first prisoner to be returned to Yemen this year following an order to repatriate him by the US government after a court ordered his release. He was returned to his family in Yemen on 14 July. The US Department of Defense issued the following press release at the time:
http://www.defense.gov/releases/release.aspx?releaseid=13708
The US government has maintained its position that it will not be releasing any further Yemeni prisoners in the near future citing security concerns. At a high-level meeting between the US and Yemeni governments earlier this year, the Yemenis pressed for the release and return to the country of all their prisoners still held at Guantánamo Bay. They comprise the single largest nationality of prisoners still held at the prison and over half of them (more than 40 prisoners) have been cleared for release.

In worrying news for British resident Ahmed Belbacha, 35 year old Abdul Aziz Naji, a fellow Algerian prisoner at Guantánamo Bay who had also chosen to remain at the illegal prison rather than return to Algeria where he faces a risk of torture, was forcibly repatriated by the US on 18 July. A Supreme Court ruling the week before (17 July) cleared the way for the return to Algeria of two men, the other being 49 year old Farhi Saeed bin Mohammed, who reportedly lived in the UK and Germany among other countries after fleeing Algeria in the 1990s. Farhi Saeed could also be repatriated at any time. The two men had argued that if returned to Algeria they would face a risk of being abused due to their alleged association with terrorism having been held at Guantánamo. Neither has ever been charged of any crime and both were cleared for release last year. The two are from a group of six Algerian prisoners, including Ahmed Belbacha, who would rather remain at Guantánamo Bay than be returned to Algeria. Mr. Naji had fled persecution in Algeria prior to going to Pakistan. Human Rights Watch (HRW) has reported that this is the first time a prisoner has been involuntarily repatriated by the Obama administration: http://www.hrw.org/en/news/2010/07/19/us-don-t-return-guantanamo-detainees-fearing-ill-treatment
Upon his return to Algeria, his lawyers reported that he had “disappeared”, which the Algerian government denied. On 26 July, the Algerian authorities officially announced he had been indicted (on unspecified charges) and was being held under “judicial supervision”. Previous returnees to Algeria have been held for up to two weeks by the government before being released or later sentenced.
At the same time as Naji’s release, a Syrian prisoner was released to Cape Verde. On 22 July two more prisoners were released to Latvia and Spain. They have not been named. 176 prisoners remain.

Journalist Andy Worthington has updated his definitive list of Guantánamo prisoners, providing information and articles about their cases as well as the latest news about the prisoners over this year. A useful source for research and general interest: http://www.andyworthington.co.uk/2010/07/12/guantanamo-the-definitive-prisoner-list-updated-for-summer-2010/

Canadian prisoner Omar Khadr, now 23 but 15 when he was captured, will be the first prisoner to be tried before a military commission next month. Mr. Khadr has slammed it as a “sham process” and tried to fire his American military lawyers in protest. He has now agreed to allow them to represent him. Charges against him include having killed a US soldier with a grenade in Afghanistan when he was 15. The evidence against him is considered to be tenuous at best and most countries, and international legal practice, is against bringing child soldiers to trial; this has not happened since World War II. A defence motion will be made before the commission starts to consider whether or not torture was used to obtain evidence. At a pre-trial hearing earlier in the month when the US tried to offer him a plea deal that would see him released in 5 years if he admitted to killing the soldier and committing other war crimes, Mr. Khadr rejected this plea. At an earlier hearing in this case, an interrogator admitted having threatened Mr. Khadr with gang rape and murder to make him comply and confess during interrogations. Omar Khadr’s trial will be the first of a child soldier since Nuremberg and the first military commission at Guantánamo Bay under the Obama administration.
North of the US border, much legal wrangling has gone on over this month with efforts by Mr. Khadr’s legal team in Canada to have him repatriated to the country, however the Canadian government has consistently blocked such moves. On 5 July, a Federal Court judge gave the Canadian government a week within which to think of alternative methods of remedying a breach of Mr. Khadr’s human rights under the constitution (as ruled in a case earlier this year) or to demand his repatriation. The Canadian government decided on 12 July to appeal this order, claiming that the courts could not provide direction on diplomatic matters. The appeal court judge agreed with the government after a quick hearing on 23 June paving the way for Mr. Khadr’s commission to go ahead. Either through conviction or acquittal at the trial, he still faces the prospect of continued arbitrary detention.

Extraordinary Rendition:
On 6 July, Prime Minister David Cameron made a statement in the House of Commons about the scope and intent of the forthcoming torture inquiry: http://www.number10.gov.uk/news/statements-and-articles/2010/07/statement-on-detainees-52943 A three-person team led by Intelligence Services Commissioner, former judge Sir Peter Gibson, will oversee the inquiry and decide the terms of it, the scope and what witnesses will be called, etc. The inquiry will focus on the role of the security services and while the prime minister emphasised its independence, he has given himself the final say on what will and will not be made public. The inquiry will have limited powers and effect; for example, the inquiry will not have the power to make witnesses appear before it and no mention has yet been made of any sanctions for complicity in crimes against humanity. On the same day, the government published new guidelines that were made public on how the security services are to operate, particularly with respect to questioning prisoners. However, the old guidance, which was operational during the alleged incidents of involvement in torture and rendition remain secret; this has been criticised by human rights organisations. The government also announced a green paper next year to try to limit the possibility of cases being brought such as the Binyam Mohamed case, which caused great embarrassment to the former Labour government and its diplomatic relations with the US. The prime minister also expressed his hope that the inquiry’s work would be wound up within a year.
There are various hurdles the government will have to overcome first; while the inquiry is welcome, much criticism has already been made of its degree of impartiality, scope and effect. Outstanding court cases, in particular the current case involving six former prisoners need to be settled first. The government is seeking an out-of-court settlement with the men and will offer them compensation. The men have stated that their silence cannot be bought: http://www.dailymail.co.uk/news/article-1292832/Guantanamo-Bay-torture-victims-say-silence-bought-Cameron.html
In the week following the torture inquiry statement, this case went back to the courts where the disclosure was ordered of some of the documents that had previously been kept secret in the case. With over half a million documents, mainly obtained from MI5 and MI6, and over 60 government lawyers working on them, going through the evidence and the case itself could take years. The government has formally asked the courts to suspend the case to allow the men to hold talks with the government; it is not clear if lawyers for the men will agree to such talks until more is disclosed about what the government knew. The documents disclosed on 14 July, some of which can be read at: http://www.guardian.co.uk/law/interactive/2010/jul/14/toture-files-key-passages (although heavily redacted), show that the government was well aware of the transfer of prisoners to Guantánamo Bay in 2002 and approved of the detention of British nationals there. The British government backed the move and frustrated attempts at various levels to help British nationals and residents held there. In the case of Martin Mubanga, a British-Zambian national, one of the men involved in the case, who was kidnapped in Zambia before being taken to Guantánamo Bay, the government was fully aware of what was going on and failed to intervene in his case. The disclosed documents, the mere tip of the iceberg, show just how very much involved and approving Tony Blair’s government was of detention at Guantánamo Bay and extraordinary rendition. Senior ministers in Blair’s government denied the statements in these documents for years, claiming not to have any knowledge of what the Americans were doing.
On 20 July, Reprieve director Clive Stafford-Smith wrote to Sir Peter Gibson asking him to step down from leading the torture inquiry in the interest of independence. The letter can be read at:
http://www.reprieve.org.uk/2010_07_20_torture_inquiry_gibson_letter_text
Despite the government’s desire to conclude the inquiry within a year and draw a line under this episode, there are many obstacles the government has to overcome. The London Guantánamo Campaign is in particular concerned about the openness, independence and limited remit of the inquiry. In order to fulfil its stated aims and to do justice to the victims and the wider public, the inquiry must be independent, open and as broad as possible.

On 23 July, The Independent reported that MI5 had been openly involved in the rendition of a Moroccan national from Belgium to the UK where he was held and questioned. This is the first such case of active involvement in rendition. He had been brought to the UK against his will and granted the right to stay under extraordinary circumstances (for questioning) by the Home Secretary and was asked to work for the intelligence services in the UK. More on this news:
http://www.independent.co.uk/news/uk/home-news/uncovered-britains-secret-rendition-programme-2033450.html

LGC Activities:
The August monthly Shut Down Guantánamo! will be on Friday 6 August at 5-7pm. Six people attended the July demonstration. The August demonstration has been extended in protest at the military commission of Omar Khadr which is to start on 10 August – the first trial since Obama became president and the first time a child soldier will be brought to trial for war crimes in over 60 years. It could set a dangerous precedent for the protection of children involved in armed conflict elsewhere.

The LGC launched an urgent action for Ahmed Belbacha on 28 August and urges everyone to write to their MP and the Foreign Secretary to take action to allow Ahmed Belbacha to settle in the UK: http://londonguantnamocampaign.blogspot.com/


London Guantánamo Campaign

LGC Urgent Action: Ahmed Belbacha at Risk of Forced Return to Algeria

URGENT ACTION: AHMED BELBACHA AT RISK OF FORCED RETURN TO ALGERIA

Background:

On 17 July, a US Supreme Court ruling resulted in an Algerian national, Abdul Aziz Naji being forcibly repatriated to Algeria. This ruling paves the way for the forced return of the remaining five Algerian nationals, of whom British resident Ahmed Belbacha is one. All six men, who for years have been cleared for release, had refused to return to Algeria where they fear torture and death.

Upon return to Algeria, Mr. Naji “disappeared”, and on 26 July it was confirmed that he had been indicted on unspecified charges, and was subject to judicial supervision (i.e. imprisonment).

This is the first time that any prisoner has been repatriated against his will under the Obama administration. His repatriation was condemned by Human Rights Watch and may well constitute a violation of the principle of non-refoulement, a principle of international law which prevents the return of vulnerable persons to countries where their lives or freedom may be at risk.

The US government is keen to repatriate the remaining Algerians, and while Algeria previously only accepted prisoners who wished to return there, it is now happy to acquiesce in their forced repatriation.

Ahmed Belbacha:

Ahmed Belbacha is a 40-year old Algerian who lived in the UK for 18 months in 2000-2001. Cleared for release in 2007, he has chosen to remain at Guantánamo Bay, rather than face the risk to his life in Algeria. This risk was compounded in November 2009 when he was sentenced to a 20-year prison sentence in absentia for membership of “a terrorist organisation overseas”. No real evidence was produced to back this up.

Ahmed Belbacha now faces the imminent threat of repatriation to Algeria against his will. His lawyers are currently working through the US courts to block his repatriation.

Given that he lived in the UK for 18 months, we believe that on humanitarian grounds, the UK must offer to settle Ahmed Belbacha. The UK government has never sought his return. His lawyer at Reprieve, Tara Murray, has said, “We are in desperate need of help from the British people and organisations like yours to put pressure on the British government to bring Ahmed back to the UK so that he can escape the torture and lawlessness that awaits him if he’s sent back to Algeria”.
For more details on his case: http://www.reprieve.org.uk/ahmedbelbacha

Take action for Ahmed Belbacha:

1. Write to your MP (find them at http://www.theyworkforyou.com/) and the Foreign Secretary (private.office@fco.gov.uk), urging them to take immediate action to seek the release of Ahmed Belbacha to the United Kingdom. Model letter below: please feel free to modify and personalise.

2. Write to the Algerian Embassy. In the past, the Algerian government has not sought the return of prisoners who did not wish to return there. Please write to the Algerian authorities, asking them not to accept the forced repatriation of prisoners who do not wish to return there, and that they ensure that prisoners who are returned are treated fairly. The Algerian Embassy in London: info@algerianembassy.org.uk. The Permanent Mission of Algeria at the United Nations: mission@algeria-un.org

Please let the London Guantánamo Campaign know if you get a response. Thank you.


Dear MP/ William Hague (Foreign Secretary),

I am writing to you as a matter of urgency, concerning the case of Ahmed Belbacha, a British resident who has been held at Guantánamo Bay for over eight years.

Mr Belbacha is a 40-year old Algerian who lived in the UK for 18 months in 2000-2001, having fled Algeria where his life was at risk. While travelling in Pakistan, he was captured and taken to Guantánamo Bay. Cleared for release in 2007, he has chosen to remain at Guantánamo Bay, rather than face risk to his life in Algeria. This risk was compounded in November 2009 when he was sentenced in absentia, to 20 years in prison for “membership of a terrorist organisation overseas”. No real evidence was produced to back this up.

On 17 July, a US Supreme Court ruling resulted in an Algerian national, Abdul Aziz Naji being forcibly repatriated to Algeria. Upon return to Algeria, Mr. Naji “disappeared”, and on 26 July it was confirmed that he had been indicted on unspecified charges, and was subject to judicial supervision (i.e. imprisonment). His return, the first forced repatriation under the Obama administration, was strongly condemned by Human Rights Watch. There is a strong likelihood that in sending Mr. Naji back to Algeria, the US government has breached the principle of non-refoulement.

This ruling paves the way for the forced return of Ahmed Belbacha.

Mr Belbacha’s return to the UK was not sought by the previous government. However, we maintain that given his ties to this country, he should be allowed to return here on humanitarian grounds. Such a move would provide him with a safe haven, and act as a gesture of cooperation with the US in its efforts to find countries for prisoners, and thereby close the prison. Several other European countries have taken this action, providing residence to non-nationals as a means of assisting the US. I urge you to take urgent action for Ahmed Belbacha to ensure a safe end to his wholly illegal ordeal over the past eight years.

I look forward to your response,

Yours sincerely,

------------------------------
London Guantánamo Campaign
london.gtmo@gmail.com
28 July 2010

London Guantánamo Campaign public statement on the announced torture inquiry

The London Guantánamo Campaign welcomes David Cameron’s statement in the House of Commons on 6 July concerning an inquiry into the Intelligence Services’ involvement in the “mistreatment” of terror suspects abroad over the past nine years. This is a positive step, but there are several problematic issues that we hope will be addressed before the start of the inquiry.
An official inquiry into such matters must be held openly if it is to be truly in the public interest. Secrecy, in an inquiry led by a former judge who serves as the Intelligence Services Commissioner, only risks further “tarnishing” the very “human rights, justice, fairness and the rule of law” that the Prime Minister claims the Intelligence Services exist to protect. That the Prime Minister has given himself the power to decide what may and may not be made public will do little to engender confidence. The inquiry, as broadly proposed, will almost certainly result in the further lack of accountability and transparency that has been so effective at destroying public trust in the government and Intelligence Services.
Breaches of international obligations by the Intelligence Services and the ministries they serve under have not only been alleged but proven in some cases. Allegations of torture must be judged according to the international obligations to which Britain is a State party and not as mere “mistreatment”, which has no legal definition as such. Some consideration must also be given to the human consequences of our complicity in these most heinous of crimes against humanity. It is unfortunate that the emphasis in this inquiry appears to be on protecting international relations at the expense of protecting the vulnerable in our society and compliance with internationally recognised legal standards for the protection of human beings.
The narrow remit and limited powers of the inquiry are unjust both to the public and the very people who have suffered such horrific treatment. Unless all allegations are considered equally and openly and all relevant witnesses, including former ministers and senior civil servants, are heard, no lines can be drawn under this issue, public confidence in the security services and government will not be restored and the inquiry will be little more than an academic exercise.

The Prime Minister also announced new guidance for the Intelligence Services and the introduction of a green paper next year on how intelligence is dealt with in the courts. It is important to remember that our international relations and intelligence would not be compromised and we would not be engaged in costly inquiries had this country not been complicit in any way in international wrongdoing over the past nine years at the expense of the taxpayer. We will live with the consequences of such practices for a long time. Torture as a means can never be justified by the ends; similarly, inequitable practices in the inquiry cannot be justified by the intent of the inquiry itself. We hope that the torture inquiry will draw a line under this sorry episode of our history, bring an end to the pattern of repeat abuse and offer some closure to the victims and their families. We also hope that the government and the three-member inquiry will address the criticisms made thus far.
London Guantánamo Campaign, 8 July 2010