Newsletter - October 2012

NEWS:
British Residents:
Documents from Guantánamo Bay declassified in September show that Shaker Aamer is continuing to suffer abuse and was beaten up by guards as recently as April this year for refusing to return to his cell, where he is held for up to 22 hours a day, after exercise. His lawyers have also confirmed that during visits, he shows visible signs of having been beaten. Shaker Aamer further claims that following visits from his lawyers, he is often beaten up by soldiers. The Metropolitan police are continuing investigations into claims that MI6 were present when he was tortured in Afghanistan, and interrogated him in Afghanistan and at Guantánamo Bay.
http://www.dailymail.co.uk/news/article-2213961/The-Briton-Guantanamo-MI6-watched-U-S-soldiers-repeatedly-smashed-head-wall.html 

Guantánamo Bay:

The credibility of the military commission system at Guantánamo Bay was struck a harsh blow when the conviction of Salim Hamdan, a former Yemeni prisoner convicted in 2009, was overturned by a US federal appeals court. Mr Hamdan, who had worked as a driver for Osama Bin Laden, was charged with conspiracy and providing material support for terrorism. He was convicted of the latter charges, but following his capture in Afghanistan in 2001, he had already served his 66-month sentence by the time he was convicted and was released and returned to Yemen in 2009. The court overturned the conviction as the offence of “providing material support for terrorism” did not exist as a war crime at the time the charges were brought. The 2006 Military Commissions Act, creating military tribunals at Guantánamo, did not allow for Mr Hamdan to be tried retrospectively for an offence that did not exist at the time. In making his judgment, Judge Brett Kavanaugh said, “If the government wanted to charge Hamdan with aiding and abetting terrorism or some other war crime that was sufficiently rooted in the international law of war at the time of Hamdan's conduct, it should have done so”. Salim Hamdan admitted to working for Osama Bin Laden during his trial, but said that he was working for a wage and not to wage war. The ruling raises questions about other convictions at Guantánamo Bay. The day following this ruling, Australian David Hicks said that he would be appealing his conviction too.
http://www.nytimes.com/2012/10/17/us/politics/appeals-court-overturns-terrorism-conviction-of-salim-ahmed-hamdan-bin-ladens-driver.html?smid=tw-share&_r=1&  

In mid-October, pre-trial hearings resumed in the case of five men accused of involvement in the 9/11 attacks in New York. This is the first time they have appeared in court in over 5 months. All five men, including Khalid Sheikh Mohammed, “disappeared” into secret CIA-run jails for several years before being taken to Guantánamo Bay and face the death penalty if convicted. The procedural issues discussed included secrecy during the hearings. At the earliest, the actual trials are not expected to start before next summer, almost 12 years after the attacks.

http://www.bbc.co.uk/news/world-us-canada-19956639

Wikileaks has started the release of more than 100 classified or restricted files from the US Department of Defense relating to procedures on prisoner handling in Iraq, Afghanistan and at Guantánamo Bay. These documents can be accessed at: http://wikileaks.org/detaineepolicies/  

In further pre-trial hearings in his case, Abd Al-Rahim Al-Nashiri, accused of plotting an attack on a US warship in the Gulf of Aden in Yemen in 2000, threatened to boycott his trial due to mistreatment by US soldiers, unnecessary aggression and the requirement that he wears shackles during the hearing. Mr Al-Nashiri, who currently has a case at European Court of Human Rights against Poland for its involvement in his torture there, where he was allegedly waterboarded, faces the death penalty if convicted. He did not attend the first day of the hearing. At the hearing, his lawyers urged the judge to drop the charges against him and try him before a civil court, as Yemen and the US were not engaged in hostilities at the time, meaning that his actions did not constitute war crimes.

http://www.nytimes.com/2012/10/25/us/politics/guantanamo-detainee-al-nashiri-protests-use-of-chains-for-court.html

Extraordinary rendition:

The first evidence has been filed by lawyers in the criminal case of Abdel Hakim Belhaj and Sami Al-Saadi, who were rendered to Libya in 2004 with the direct help of the UK intelligence services. Former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, have been named in the evidence as defendants. As well as describing the torture the two men and their families faced, the documents state that both the government and the intelligence services knew and were aware of the risk of torture.

http://www.guardian.co.uk/world/2012/oct/10/jack-straw-torture-libyan-dissidents?newsfeed=true

Yunus Rahmatullah, a Pakistani prisoner held at Bagram Prison in Afghanistan without charge or trial since 2004, following his arrest and handover to the US military by the British army in Iraq, was subject to a British Supreme Court ruling on 31 October. Lawyers for Mr Rahmatullah in the UK, acting on behalf of his family, brought a case against the British government to compel it to seek his release, as under a memorandum of understanding between the US and UK (one of the documents recently released by Wikileaks), he continued to remain under British control. The court of appeal had previously upheld this - his right to habeas corpus - and ordered the government to seek his immediate release. The US government refused to cooperate, as Pakistan has also sought his release and he is a Pakistani national. Cleared for released more than 2 years ago and one of several prisoners whose release Pakistan has sought, it is unclear why Mr Rahmatullah continues to be held at Bagram. In its ruling, the Supreme Court upheld his right to be released but agreed with the government that it had no power to order this from the US and that it could effectively do nothing. His lawyers, however, maintain that his handover was a breach of the Geneva Conventions and that the UK is accused of war crimes in his case, which is currently being investigated by the Metropolitan Police.

http://www.bbc.co.uk/news/uk-20151617

LGC Activities:

The October “Shut Down Guantánamo!” demonstration was held on 4^th October and was attended by 6 people. This demonstration was held in support of Babar Ahmad and Talha Ahsan, two British nationals from south London, who lost their appeal and were extradited to the US the next day: http://www.demotix.com/news/1498117/shut-down-guant-namo-protest-calls-halt-extraditions-london/all-media

Next month’s demonstration will exceptionally move to Tuesday 6^th November at 6-8pm to coincide with the US elections, with speakers and spoken word. Please join us if you can: http://londonguantanamocampaign.blogspot.co.uk/2012/10/demonstration-truth-justice-and.html

The LGC's 26th June action to mark international day in support of victims of torture features on the cover of a new report by the International Rehabilitation Council for Torture Victims (IRCT). See also page 28 for further information about our "London Says "No to Torture" action: http://www.irct.org/media-and-resources/library/26-june-global-report.aspx  Many thanks to everyone who took part in that action.

The London Guantánamo Campaign is currently setting up its action to mark the 11^th anniversary of the opening of Guantánamo Bay on 11^th January 2013. Under the heading of “All Roads Lead to Guantánamo", we are planning a day of action taking in actions outside embassies involved in the journey of prisoners to Guantánamo, culminating in a vigil outside the US Embassy. We will be holding a planning meeting on Saturday 10^th November at 2-4pm in the basement café in Westminster Central Hall. Please join us if you can. You can also follow our progress and get involved via Facebook: http://www.facebook.com/AllRoadsLeadToGuantanamo and Twitter: @allroadsleadG11

Demonstration: Truth, Justice and the American Way? 6 November

On the day of the US Presidential Elections, the

London Guantánamo Campaign invites you to join us at a demonstration

TRUTH, JUSTICE AND THE AMERICAN WAY?

Outside the US Embassy, Grosvenor Square, W1A 1AE

On Tuesday, 6 November, 6-8pm

to protest ongoing abuses of human rights and collusion between the British and US governments

Speakers include:

Hamja Ahsan (Free Talha Ahsan Campaign)

Joy Hurcombe (Save Shaker Aamer Campaign)

Ilyas Townsend (Justice for Aafia Campaign)

Anthony Timmons (WISE Up for Bradley Manning)

Aviva Stahl (Cageprisoners)

Dr Shahrar Ali (Green Party)

Chris Nineham (Stop The War Coalition)

Speaker from Fight Racism! Fight Imperialism!

Poets: Mizan the Poet, Ibrahim Sincere, Ed Greens

http://www.facebook.com/events/236145306511933/

For more details: e-mail london.gtmo@gmail.com

www.londonguantanamocampaign.blogspot.com

www.twitter.com/shutguantanamo

N.B. This demonstration replaces our regular monthly demonstration for November

LGC Newsletter – September 2012

NEWS:
British Residents:
Having previously refused to disclose the names of prisoners cleared for release, the US Justice Department issued a list of 55 prisoners, including Shaker Aamer and Ahmed Belbacha, on Friday 21 September. Although a partial list of the 86 prisoners approved for transfer several years ago but who continue to be held at Guantánamo Bay for a number of reasons, civil liberties organisations in the US have hailed this unexpected disclosure as a positive step. A previous request for disclosure was turned down in 2009. While the release of this list does not equate to the release of the prisoners or that the US has no objections to their release, it should facilitate the process of campaigning for them. In the case of Shaker Aamer and Ahmed Belbacha, there are clearly no reasons for them to remain at Guantánamo and the British government has no reason not to seek their return.
http://www.nytimes.com/2012/09/22/world/americas/united-states-clears-55-detainees-to-leave-guantanamo-bay.html?_r=1&
http://blog.amnestyusa.org/us/breaking-us-issues-list-of-55-guantanamo-detainees-cleared-for-transfer/ (includes a link to Amnesty USA action to US government to return Shaker Aamer to the UK)

Guantánamo Bay:

On 8 September, 36-year old Yemeni prisoner Adnan Farhan Abdul Latif became the ninth prisoner to die at Guantánamo Bay. The US military withheld his identity for several days. He had travelled to Pakistan, where he was captured, for medical treatment following a car accident that he could not afford in his own country. Having pleaded his innocence all along, he won his habeas corpus case before the DC Circuit Court of Appeals in July 2010; the judge ordered the Obama administration to “take all necessary and appropriate diplomatic steps to facilitate Latif's release forthwith” and stated that the US government had failed to demonstrate any connections with Al Qaeda or its associates. Following disclosures by Wikileaks, it later emerged that he had been cleared for release by the US military as early as 2006. Letters to his lawyer revealing his despair at his ongoing and apparently perpetual detention were reported in the media after his death. The cause of death remains unknown.
http://www.latimes.com/news/opinion/commentary/la-oe-falkoff-gitmo-detainee-death-20120920,0,4034278.story

Omar Khadr turned 26 in Guantánamo Bay on 19 September. Earlier in the month, Minister of Public Security, Vic Toews, received the video materials and psychiatric reports he had requested of the US government to decide whether to seek Omar Khadr’s repatriation. The Huffington Post (http://www.huffingtonpost.ca/2012/09/12/omar-khadr-canada-return_n_1878041.html) later reported that Omar Khadr would be returned to Canada before the US elections. This was denied by the Canadian government, however in a final twist in this protracted matter, Omar Khadr finally returned to Canada on Saturday 29 September. Upon his return he was taken to the Milhaven detention institute where he remains in a cell for 23 hours a day and where he will serve out the remaining 6 years of his 8 year sentence, having pleaded guilty to the killing of an American soldier in a secret plea bargain before a military tribunal at Guantánamo in 2010. However, Omar Khadr will be due to be considered for parole in May 2013. Having acquiesced to one of its citizens appearing before the much-criticised and flawed military tribunal regime at Guantánamo in 2010, the Canadian government continues to insist that Omar Khadr is a “terrorist”, even though he was not given a fair trial under any recognised definition of the term. 166 prisoners remain at Guantánamo.

Extraordinary rendition:

The American human rights NGO, Human Rights Watch (HRW), has published a major new report on rendition and Libya, claiming that the CIA tortured opponents of the Gaddafi regime before rendering them to Libya where they faced further abuse. Based on interviews with 14 survivors and MI6 and CIA documents obtained by the NGO in Libya last year, the report states that the use of waterboarding was more far extensive than claimed by the US government and that the scope of the abuse carried out by the CIA itself under the guise of extraordinary rendition is far broader than admitted. The report can be read at: http://www.hrw.org/reports/2012/09/05/delivered-enemy-hands

In early September, control of Bagram prison in Afghanistan was handed over from the US to the Afghan authorities in a low-key ceremony; the US, however, is maintaining control of hundreds of prisoners at the facility, now known as the Parwan Detention Centre, whom it claims are “high-value prisoners”, including around 50 foreign nationals, such as Pakistani rendition victim Yunus Rahmatullah. The US intends to hand control of all prison facilities and prisoners to the Afghan authorities by 2014. The decision to maintain control over prisoners has angered the Afghan authorities and the actual terms of the handover are unclear. More than 3000 prisoners are currently held at Bagram without trial or charge. http://www.bbc.co.uk/news/world-asia-19539412

The British government’s proposals to prevent civil cases concerning torture claims coming to court through the use of secret courts have been condemned by the UN Special Rapporteur on Torture, Prof. Juan Mendez, in a talk he gave in London, stating that this “hampers the ability to deal effectively with torture”. These measures, currently proposed in the Justice and Security Bill would prevent cases seeking disclosure of the government’s involvement in extraordinary rendition and torture abroad, such as the Binyam Mohamed case and the case brought by former Guantánamo prisoners, being heard in open court, effectively denying justice for torture victims and immunity for state agents potentially involved in crimes against humanity.  

http://www.guardian.co.uk/law/2012/sep/11/un-official-secret-courts-torture

On 11 September, members of the European Parliament (MEPs) voted unanimously to back a new report by parliamentarians, calling for EU members to investigate allegations of complicity in extraordinary rendition and for member states to be held accountable. The report and the parliament called on Lithuania, Poland and Romania to reopen independent investigations into their collusion through hosting torture facilities. The report criticised the current Polish criminal investigation for its lack of transparency. French Green MEP Hélène Flautre called on EU states to “"openly acknowledge that these abuses took place and take measures to address them." British Liberal Democrat MEP Sarah Ludford called on the EU to “have the guts and self-respect to enforce accountability for its own members' involvement in human rights abuses”. The report is non-binding and opposition MEPs accused the report of being based on allegations.

http://www.amnesty.org.uk/news_details.asp?NewsID=20323

The Italian Court of Cassation, the highest criminal court in the country, upheld the convictions of 23 Americans tried in absentia of involvement in the abduction and rendition to torture of Egyptian imam Osama Mustafa Nasr in Milan in 2003. With the help of two Italian intelligence agents, he was taken to a Milan airport and then rendered to torture in Egypt via a NATO base in Germany. Released four years later, he claimed he had been tortured. Following a 3-year trial, the 23 Americans, 22 of whom were held by the court to be CIA agents, were convicted and given 7-9 year sentences. The court also ordered damaged be paid to the victim and his family. The Italian government is now likely to seek the retrial of the two Italians involved and the extradition of the Americans, who face arrest if travelling in Europe. This decision is the final ruling in the first ever court case concerning extraordinary rendition. A lawyer for the Americans accused the decision of undermining diplomatic immunity.

http://www.guardian.co.uk/world/2012/sep/20/italy-rendition-convictions-americans

 

LGC Activities:
The September “Shut Down Guantánamo!” demonstration was held on 6^th September and was attended by 10 people. The October demonstration will be held on Thursday 4 October at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park (opposite Marble Arch).  http://www.facebook.com/events/568546839838264/

The London Guantánamo Campaign is currently in the process of setting up its action to mark the 11^th anniversary of the opening of the current incarnation of Guantánamo Bay as a prison camp in January 2013. Under the heading of “All Roads Lead to Guantánamo", we are planning a day of action taking in actions outside embassies involved in the journey of prisoners to Guantánamo, culminating in a vigil outside the US Embassy. Please get involved and help us to plan and carry out the action on the day, Friday 11^th January 2013. You can follow our progress and get involved via Facebook: http://www.facebook.com/AllRoadsLeadToGuantanamo?fref=ts and Twitter: @allroadsleadG11

LGC Newsletter – August 2012

NEWS:
British Residents:The Metropolitan Police, following a joint decision with the Crown Prosecution Service, announced that it will investigate claims that British agents were involved in the torture of Shaker Aamer. This could involve detectives seeking permission from the US authorities to interview Shaker Aamer in Guantánamo Bay about allegations he made to his lawyers. British intelligence agents are alleged to have been present and attended interrogations fully aware that Mr Aamer had been tortured.
http://www.itv.com/news/2012-08-02/british-police-to-investigate-allegations-of-prisoner-torture-at-guantanamo-bay/

Guantánamo Bay:
The Egyptian government has formally demanded the release of the last Egyptian prisoner held at Guantánamo Bay. Tariq Mahmoud Ahmed al-Sawah, 54, was charged with material support for terrorism and conspiracy in 2008 but those charges were dropped earlier this year without trial. During his time at Guantánamo Bay, his captors have considered him a co-operative prisoner who provided them with information about other prisoners. The new Egyptian government has in particular expressed concerns about his health following almost 11 years of abuse and illegal detention.
http://www.washingtonpost.com/world/egypt-demands-release-of-guantanamo-detainee/2012/08/03/7fac84a0-dd9d-11e1-8ad1-909913931f71_story.html

Pre-trial hearings for five men accused of involvement in the 11 September attacks in New York in 2001, including Khaled Sheikh Mohamed, which were initially set back from early to late August, so as not to clash with the Muslim month of fasting Ramadan, have now been set back to mid-October. The hearing, set for 22 August, was delayed by one day, following a train derailment near Baltimore which damaged the fibre optic cable linked to the US government’s computer system on the island, which meant that the prosecution was unable to access e-mails and electronic legal documents to prepare its case. It was then postponed again as Hurricane Isaac headed for the Caribbean. The hurricane battered the island of Cuba on the weekend of 25-26 August and prisoners who are housed in secured structures were moved to safer premises. Media, human rights observers and victims’ families attending the hearing were all evacuated.
http://www.washingtonpost.com/world/national-security/tropical-storm-isaac-heads-toward-guantanamo-bay/2012/08/22/1769c7ca-ec7c-11e1-a80b-9f898562d010_story.html

Ahmed Mohammed Ahmed Haza al-Darbi, a 37-year old Saudi prisoner, has been charged, more than 10 years later, with training with Al-Qaeda and plotting to attack oil tankers in the Strait of Hormuz in the Persian Gulf and Yemen. The attacks he is alleged to have helped prepare took place in 2000 and 2002. He faces 6 charges and if tried, will be brought before a military tribunal. Facing the possibility of a life sentence, if he enters a plea bargain with the US military, his testimony could be used against Abdul Rahim Al-Nashiri, accused of masterminding attacks against the US in Yemen and a fellow prisoner who faces the death penalty if convicted. Evidence against the latter was obtained from waterboarding and other forms of torture.
http://www.google.com/hostednews/afp/article/ALeqM5hqGpu5xIgGXVoXd2jn0m27Iqb5Xw?docId=CNG.ffa46a17e4a24172cdb19bfa8da68ae7.291
Extraordinary rendition:
Investigators in Poland, looking into the country’s alleged role in extraordinary rendition and operation of secret torture jails for the CIA have extended their investigation until February 2013. Reasons were not given, however Polish journalists have recently claimed to have found records of at least 7 CIA planes landing at a Polish military base in 2002 and 2003.

LGC Activities:
The August “Shut Down Guantánamo!” demonstration was held on 2nd August and was attended by 3 people. The September demonstration will be held on Thursday 6 September at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park (opposite Marble Arch).

LGC Newsletter – July 2012

NEWS:
British Residents:
The Save Shaker Aamer Campaign (SSAC) website has been relaunched at http://www.saveshaker.org/ with news about the e-petition and other campaign work linked to Shaker Aamer’s case. Please visit the site for updates and news.

Guantánamo Bay:
The US government is currently considering transferring a number of Afghan prisoners suspected to be militants to Afghanistan as part of a deal to restart talks with the Taliban. Previously, as part of similar talks, the US intended to send several Afghan prisoners to Qatar to be placed under effective house arrest there, considering it too risky to return them to Afghanistan. However, it is now considering transferring others, considered low-risk prisoners, to Afghan custody, where they would be likely to be held at a currently US-run prison near the Bagram detention facility. Talks between the Taliban, the Afghan government and the US broke down earlier this year and it is hoped that this move will help to restart negotiations. However, it is also further proof that Guantánamo prisoners are merely pawns in the political and diplomatic games of others. President Karzai of Afghanistan has, for his part, consistently demanded the return of all Afghan prisoners to the country.
http://www.guardian.co.uk/world/2012/jun/30/us-guantanamo-suspected-taliban-militants?newsfeed=true

The Pentagon has dropped war crime charges against Kuwaiti prisoner Faiz Al Kandari, accused in 2008 of being involved with Al Qaeda and providing material support for terrorism. He was never referred for trial and now all charges have been dropped without reason. The US and Kuwaiti governments are also stepping up efforts to secure the release of the two remaining Kuwaiti prisoners at Guantánamo Bay: Mr Al Kandari, and Fawzi Al Odah, who has never faced charges. A further 10 Kuwaitis have already been released. In mid-July, lawyers for the two men in Kuwait brought a court case against government officials to pressurise them to seek the release of the two remaining prisoners.
http://gulfnews.com/news/gulf/kuwait/kuwaiti-guantanamo-detainee-charges-dropped-1.1042416

Hearings for five men accused of involvement in the 11 September attacks in New York in 2001, including Khaled Sheikh Mohamed, have successfully petitioned for the next stage of their trial to be set back from 8-12 August to 22-26 August, so as not to clash with the Muslim month of fasting Ramadan, which ends a few days before 22 August.
http://www.mcclatchydc.com/2012/07/16/156325/guantanamo-judge-delays-next-911.html

On 10 July, Sudanese prisoner, Ibrahim Al-Qosi, 52, convicted on terrorism charges in a secret plea deal in July 2010, was released to Sudan. This is the first time a convicted prisoner has been released under the Obama administration. Having served his two-year sentence in return for pleading guilty, he was released to prove that the US administration will honour its part in plea bargains made with prisoners. On the other hand, while the US is keen to release Canadian prisoner Omar Khadr, who has been free for release since October 2011, the Canadian government is still refusing to implement measures – the writing of a letter requesting his transfer back to the country by Minister Vic Toews – that would see that happen promptly. There are currently 168 prisoners held at Guantánamo Bay.
http://www.stripes.com/news/africa/convicted-al-qaida-operative-released-from-guantanamo-repatriated-to-sudan-1.182636 
Nine months after Omar Khadr completed his sentence under his plea bargain and was free to return to his native Canada to serve the rest of his sentence for war crimes, he remains in Guantánamo Bay. His release should have been sought at the latest by the end of May. While the US is keen to return 25-year old Khadr to Canada, as it feels that the delay in this case may deter other prisoners from entering plea bargains, Canada on the other hand has not honoured its pledge to seek his return. A mere letter signed by the Canadian Public Safety Minister Vic Toews potentially stands between Khadr and his release. A petition started earlier this month by Canadian Senator Roméo Dallaire has attracted more than 28,000 signatures already demanding the Canadian government officially seek his release. You can add your name to the petition at: http://www.change.org/omarkhadr Lawyers for Omar Khadr also started court proceedings in mid-July seeking the court order the government to demand Omar Khadr’s release. The Canadian government has not provided reasons for why it has not yet done this. Instead, in further foot-dragging, Minister Toews wrote to the US government seeking further confidential videos and psychiatric reports to see if Omar Khadr is fit to return to the country. Many consider this to be a further stalling tactic to delay Mr Khadr’s return.
http://www.cbc.ca/news/politics/story/2012/07/17/pol-khadr-dallaire-petition.html
http://www.thestar.com/news/canada/politics/article/1229786--omar-khadr-videos-reports-needed-before-guantanamo-detainee-can-be-returned-to-canada-vic-toews

A declassified US Department of Defense report has emerged this month providing further evidence that prisoners held at Guantánamo and other prisoners held under the “war on terror” had been drugged and given powerful antipsychotic drugs in detention and particularly prior to interrogations, impairing their ability to represent the truth. Many prisoners have alleged that they have been forced to take drugs against their will during their imprisonment.
http://truth-out.org/news/item/10248-exclusive-department-of-defense-declassifies-report-on-alleged-drugging-of-detainees

Extraordinary rendition:
Poland’s investigation into its role in the CIA’s extraordinary rendition programme and the existence of a secret torture prison outside the village of Stare Kiekuty could lead to the prosecution of high-level military, intelligence and political figures. Although charges have been brought against the former head of intelligence, it is likely that many senior figures were involved and could face prosecution too. Documents have now emerged, according to a Polish senator, that show that a local contractor was asked to build a cage at the village. Other evidence has emerged that the former head of intelligence Zbigniew Siemiatkowski signed a document authorising the setup of the prison.
http://www.latimes.com/news/nationworld/world/la-fg-poland-cia-20120622,0,1305119,full.story
In mid-July, as part of an ongoing European Union Parliament investigation, EU states complicit in extraordinary rendition were asked to apologise for their role in facilitating the torture and illegal detention of victims. A full report is expected later this year.
http://www.publicserviceeurope.com/article/2230/europe-must-admit-to-cia-rendition-and-human-rights-abuses 
Since then, the European Court of Human Rights in Strasbourg has demanded that the Polish government hand over the documents mentioned above, which evidence authorisation for the prison to be set up. Lawyers have brought a case at the court against Poland on behalf of Abdul Rahim Al-Nashiri, the Yemeni national currently facing trial at Guantánamo for his alleged role in the bombing of a US warship, the USS Cole, off the coast of Yemen in 2000, who is known to have been waterboarded, among other forms of torture, he faced when he “disappeared” into CIA “black sites” for over 18 months before arriving at Guantánamo Bay. This request coincides with the timing of Al-Nashiri’s trial in the US. The court is also seeking to know whether Poland allowed Al-Nashiri to be tortured and then sent to a country that uses the death penalty, Morocco, which is also a breach of Poland’s international human rights obligations.
http://www.telegraph.co.uk/news/worldnews/al-qaeda/9407126/Court-demands-secret-files-on-US-black-jails.html

Three Kenyan nationals who were kidnapped and “rendered” to Uganda, where they are currently held and face charges for alleged involvement in a bombing in Kampala in 2010, lost their case in the High Court to force the British government to provide evidence that it was complicit and aware of the torture they had faced, so they can use that evidence, of abuse, in their trial. They claim that following their kidnap and “rendition” to Uganda in the summer of 2010, British and American intelligence officers were present while they were tortured to confess during interrogations and were aware of their abuse. Although allowing the prisoners to bring the claim, the trial was heard in partially closed hearings, sections of the trial counsel for the prisoners were not allowed to attend or know what happened during these proceedings, and the final judgment was partly closed as well, meaning that the prisoners and their lawyers do not know the full reason for the judgment made. The government is currently seeking to roll out such secretive court proceedings in its controversial Justice and Security Bill. The judges decided that while the prisoners allege gross abuses of their human rights and face the death penalty, it could not compel the intelligence services to disclose what it knows or what it has done. Furthermore, they did not state whether British intelligence officers were involved in collusion in torture and rendition. This case relates to events in the summer of 2010, some months after the current coalition government took power. Although it is always claimed by the current leadership that torture and rendition collusion were actions of the former Labour government, it has possibly just succeeded in hiding its own involvement in international crimes against humanity.
http://ukhumanrightsblog.com/2012/06/28/court-refuses-to-compel-evidence-on-unlawful-rendition-in-foreign-proceedings/
Earlier this month, lawyers for Yunus Rahmatullah, a Pakistani national held at Bagram since 2004, following his rendition by the British army in Iraq to US force there, took his case to the Supreme Court to force the British government to seek his release from illegal US detention. At the end of last year, the court of appeal ruled his detention illegal and ordered the UK to demand his release; however, foreign office ministers said they had no power to instruct the US to act. Using memoranda of understanding signed by the US and UK militaries on matters including the treatment of prisoners and in light of the Geneva Conventions, lawyers for Mr Rahmatullah, whom both the US and UK have since conceded poses no risk, are seeking to secure his release.
http://www.guardian.co.uk/law/2012/jul/03/bagram-yunus-rahmatullah-supreme-court
LGC Activities:
The July “Shut Down Guantánamo!” demonstration was held on 4th July and was attended by 7 people. The August demonstration will be held on Thursday 2 August at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park (opposite Marble Arch): http://www.facebook.com/events/338481986231989/
The LGC has started an urgent action of Omar Khadr urging you to add your name to two petitions to the Canadian government and to write letters to Minister Vic Toews and the Canadian High Commission in the UK. More details: http://londonguantanamocampaign.blogspot.co.uk/2012/07/take-action-for-omar-khadr-canada-must.html  

Take Action for Omar Khadr: Canada must repatriate its sole citizen in Guantánamo Bay immediately

The betrayal and abuse of Omar Khadr has gone on for far too long: don’t be a party to it, take action and add your voice to international calls for his immediate repatriation to Canada

Omar Khadr, 25, is a Canadian prisoner who will have been held by American forces for 10 years on 27 July 2012; on this date in 2002, aged just 15, he was captured in Afghanistan. Shot, blinded, threatened with rape and other forms of physical and psychological abuse at Bagram and Guantánamo Bay, Omar Khadr is the only child soldier to have been tried as an adult before a military tribunal for war crimes allegedly committed as a minor since World War II. In October 2010, in a secret plea bargain and subject to the use of torture evidence approved by the military tribunal, Omar Khadr pleaded guilty to throwing a grenade that killed one American soldier and wounded another. As part of the plea deal, Omar Khadr was to have his sentence slashed to just eight years, of which he could serve the final 7 years in his native Canada. He has been due for release since October 2011. Although extradition proceedings have been commenced by the US and Canada in his case, Canada has not formally sought his return from the US; the US, on the other hand, is keen to return him, as it fears that the delay in honouring its side of the deal could deter other prisoners from entering similar plea bargains, on the basis that they may not be released eventually. Indeed, given Canada’s foot-dragging, last week the US released another convicted prisoner to Sudan.

Canada has been constantly criticised for its failure to act in Omar Khadr’s case. In 2010, the Canadian Supreme Court stated that the Canadian government had violated Omar Khadr’s constitutional rights. Canadian Senator Roméo Dallaire, the retired army general who led UN forces in Rwanda during the genocide in the mid-1990s and an outspoken advocate for child soldiers, described his country’s treatment of Omar Khadr as reflecting “Canada’s moral drift” in 2010. The UN Committee Against Torture condemned Canada’s stance in June 2012 and demanded the country seek the immediate repatriation of Omar Khadr.

The LGC has taken action for Omar Khadr with a letter writing campaign, along with an Amnesty International group, during the Vancouver Winter Olympics in 2010 http://www.muslimdirectory.co.uk/viewarticle.php?id=484 and a demonstration and petition to coincide with his trial: http://www.indymedia.org.uk/en/2010/08/456827.html and http://londonguantanamocampaign.blogspot.co.uk/2010/07/dangerous-international-precedent.html The LGC also spoke at an Amnesty International UK screening last week of the documentary “Four Days in Guantánamo” (the trailer can be viewed at: http://www.youtube.com/watch?v=dZrERVO19Dg).

At the very latest, Omar Khadr should have been returned to Canada at the end of May this year. Omar Khadr’s lawyers are now taking his case to court to force the Canadian government to take back ONE Canadian citizen, who has spent almost half his life in illegal detention. WE CALL ON YOU TO TAKE IMMEDIATE ACTION AND ADD YOUR VOICE TO THE INTERNATIONAL PRESSURE ON THE CANADIAN GOVERNMENT TO HONOUR ITS OBLIGATIONS AND DUTIES TO ITS CITIZENS AND UNDER INTERNATIONAL LAW.

1. Add your name to the petitions (and then get your friends, family and colleagues to do likewise):

Senator Roméo Dallaire has put together the following petition to Public Safety Minister, Vic Toews, who has to sign the letter for Omar Khadr’s release: http://www.change.org/omarkhadr

The following petition has also been put to Canadian Prime Minister Stephen Harper: http://www.change.org/petitions/prime-minister-stephen-harper-repatriate-toronto-born-omar-khadr-to-canada-and-rehabilitate-him

2. Send letters to Minister Vic Toews and the Canadian High Commissioner in London:

Amnesty International UK has put together the following letter. Please add your name to it and send or amend/personalise it and send it off. Please let us know if you get a response:
Letter:

I urge you to take swift action to approve Omar Khadr’s pending request to be transferred out of Guantánamo Bay and back to Canada.

July 27th 2012 marks the 10th anniversary of Omar Khadr being taken into custody by US soldiers in Afghanistan, where he was held for three months before being transferred to Guantánamo Bay, where he has remained ever since. He has endured a decade of human rights violations, without relief or remedy. Amnesty International has repeatedly expressed concern that Canada has failed to intervene to ensure that Omar Khadr’s rights were properly safeguarded. As a result, numerous serious concerns, including his rights as a child soldier, detention without charge or trial, credible allegations of torture and ill-treatment, access to legal counsel and family visits, and fair trial provisions, have been disregarded by US officials.

The plea deal agreed to by Mr. Khadr in October 2010 was based on the understanding that, as of October 31, 2011 he would be eligible for transfer back to Canada. The Government of Canada acknowledged and accepted that transfer was integral to the plea deal by means of a diplomatic note provided to the US government at the time. In November 2010 former Minister of Foreign Affairs Lawrence Cannon stated that “we will implement the agreement that was reached between Mr. Khadr and the government of the United States.” US officials have indicated they would support the transfer and are in fact eager to see it go through to encourage other detainees at Guantánamo to enter into similar deals. His transfer application has been with your office for well over a year; and all necessary approvals for his transfer have been finalized by US officials. Your prompt approval of this transfer application will demonstrate that the Canadian government is now taking a strong stand for full and proper protection of Mr. Khadr’s rights.

Yours Sincerely


Please send copies to:

The Honourable Vic Toews, (address: Dear Minister:)
Minister of Public Safety,
Ottawa, Ontario, K1A 0A6
Canada
E-mail: vic.toews@parl.gc.ca



Mr. Gordon Campbell, High Commissioner for Canada
High Commission of Canada to the United Kingdom in London
Macdonald House
1 Grosvenor Square
London, W1K 4AB
Fax: 0207 258 6333

Other useful information:
http://www.thestar.com/opinion/editorialopinion/article/1227330--the-government-has-not-kept-its-word-in-the-omar-khadr-case
http://www.andyworthington.co.uk/2012/07/10/bring-omar-khadr-home-from-guantanamo-please-sign-the-petition-to-the-canadian-government/

LGC Newsletter – June 2012

NEWS:

British Residents:The Save Shaker Aamer Campaign (SSAC) held an action opposite Parliament on 11 June to protest Shaker Aamer’s continuing detention and denial of basic rights and to commemorate the anniversary of the Magna Carta. Over a dozen activists braved the rain and were joined by Battersea MP Jane Ellison.
Guantánamo Bay:
On 11 June, the US Supreme Court turned down appeals from 7 Guantánamo prisoners who had filed habeas corpus writs, to know the reasons for their detention. In the past, by filing such applications, which then reveal that there is no lawful basis for the continued detention of prisoners, as happened in the case of the Uighur prisoners, judges have ordered their release. In this particular case, the judges simply dismissed the appeal without giving reasons. Over the past few years, it has become increasingly difficult for prisoners to fight and appeal their cases in the US courts and their lawyers have laid the blame for this on conservative judges being appointed to the Supreme Court. The dismissed appeal effectively closes the door to these prisoners to know why they have been detained without charge or trial for over ten years and then being able to challenge that reason. For almost 800 years, this has been a basic tenet of the law.
For more on this news:
http://www.washingtonpost.com/politics/supreme-court-declines-guantanamo-detainee-appeals/2012/06/11/gJQA5dElVV_story.html

On 21 June, lawyers for Omar Khadr accused the Canadian government of “stonewalling” on his case. Khadr, 25, is a Canadian national who was convicted in a secret plea bargain on terrorism charges in a trial that involved torture evidence and was the first time anyone had been tried for war crimes committed as a minor since the Second World War. Under this deal, he was due to serve part of his sentence in Canada. That was almost one year ago. Earlier this year, the US and Canadian governments agreed that he would be released by the end of May. More than a month later, there has not been much progress made in this respect. According to his lawyer, John Norris, Omar Khadr and the US have performed their part of the deal for him to be released to Canada and it is the Canadian government that is dragging its heels. He said, “Omar has lived up to his part of his deal. The United States has lived up to its part of the deal. The only reason eight months after he became eligible to return to Canada that Omar still sits in a cell in Guantanamo is because the Canadian government continues to fail in its obligations toward him”.
More on this news: http://www.washingtonpost.com/world/the_americas/lawyers-for-guantanamo-detainee-appeal-to-canada-for-transfer/2012/06/21/gJQAysoItV_story.html

Extraordinary rendition:
Having published the Justice and Security Bill last month, the government’s proposed plans, to introduce secret trials and prevent some cases concerning “national security” being brought, are continuing to court controversy as they work their way through the House of Lords. Shortly after the bill was published, the Lords Constitution Select Committee and the special advocates, the security-vetted barristers who would be used in such secret trials, both published critical responses to the Bill. Concerns continue to be raised about the fairness and constitutionality of the proposals, which would undermine the right to a fair trial and other centuries-old legal principles. The parliamentary Joint Committee on Human Rights is also continuing its hearings into the bill, given the seriousness of the measures.
A Radio 4 “File on Four” programme assesses some of the issues involved: http://www.bbc.co.uk/programmes/b01jxrdf

On 28 June, Abdel Hakim Belhaj, Sami Al-Saadi and their families started legal proceedings in the high court in London against the British government, former foreign minister Jack Straw and former MI6 chief Mark Allen for their rendition to torture in Libya in 2004. Shortly thereafter, relations between the UK and Libya thawed and it was no longer considered a rogue state. Tony Blair visited Colonel Gaddafi personally and trade and diplomatic relations were resumed. According to papers found in Libya by Human Rights Watch last year, the CIA considered this “rendition” a joint UK/US operation. The families are suing the UK authorities for their involvement in their torture and rendition. This civil case is being brought alongside a current criminal investigation by the police. Belhaj and Al-Saadi have also initiated proceedings against other states.
http://www.guardian.co.uk/world/2012/jun/28/libyan-dissidents-action-government-rendition?newsfeed=true

LGC Activities:
The June “Shut Down Guantánamo!” demonstration was held on 7th June and was attended by 5 people. The July demonstration is exceptionally being held on WEDNESDAY 4 July at 12-2pm outside the US Embassy to mark US Independence Day: http://www.facebook.com/events/410685492303956/

The LGC held a vigil to mark International Day in Support of Victims of Torture and the 25th anniversary of the UN Convention Against Torture in Trafalgar Square on Tuesday 26 June. Around 50 people attended and held up placards in different languages with one simple message: “No to Torture”. The vigil attracted attention from passers-by and the LGC was joined by different organisations and campaigns. The LGC thanks everyone who attended and helped in the preparation. There is a report of the event on our blog with links to other media about it and the anniversary: http://londonguantanamocampaign.blogspot.co.uk/2012/06/london-says-no-to-torture-vigil-report.html  

London Says "No To Torture!" - vigil report

This report with pictures: http://london.indymedia.org/articles/12467

Always one step ahead, weeks before the Olympic Games kick off, the London Guantánamo Campaign (LGC) brought a display of international spirit to the heart of the capital with a multilingual “No to Torture” vigil in Trafalgar Square to mark International Day in Support of Victims of Torture and the twenty fifth anniversary of the United Nations Convention Against Torture becoming law on 26 June 1987. Around 50 people joined in, holding up banners in over 30 different languages with one simple message, “NO TO TORTURE”. We were joined by anti-war campaigners from the Stop The War Coalition, human rights activists from Amnesty International, the Free Mumia Campaign, Free Bradley Manning, Hands off Somalia and Baloch activists.

With its display of one simple message in over 30 languages, including Arabic, Persian, Indonesian, Swahili, Finnish, Greek, Russian, Hebrew and others, the action was a hit with tourists and passers-by who engaged with its simple message and stopped to check if their own language was included and to see how many they read and/or identify. Lots of people stopped to talk to the activists and expressed their support. That torture is always wrong and illegal is quite obvious to ordinary people; unfortunately, the same cannot be said of the politicians who sign the very instruments that ban it.

The purpose of this quiet and dignified vigil was to mark this date and this anniversary and show solidarity with victims of torture the world over, most of who suffer in silence and terribly, long after the immediate physical and psychological terror has ended.

London politicians Sarah Ludford MEP and Jeremy Corbyn MP gave their apologies for not being able to attend. Green MEP Jean Lambert made the following statement on the twenty-fifth anniversary about the work of the European parliament on torture investigation:

“The claims that British intelligence services have not been complicit in torture or rendition are continuing to crumble. Indeed, the recent scrapping of the Gibson Inquiry is further proof that successive UK governments are attempting to sweep the ugly matter under the carpet in the vain hope that it will magically disappear.

“In the European Parliament, we will often criticise third-country regimes for subjecting citizens to physical and mental acts of torture; where authorities that should protect individuals are complicit in crimes against them. Yet, those regimes use the behaviour of governments such as our own and the US to combat that criticism.

“The Parliament inquiry into alleged complicity in torture, led by Greens/EFA MEP Helene Flautre, is beginning to shine a light on the role played by Member States in exposing terrorism suspects to illegal treatment. Poland must also be given credit for breaking its silence over claims that a ‘secret’ CIA prison camp was operating within its borders. There is no doubt that this process of self-examination will be painful, but we must be clear – only be adopting a zero tolerance approach both at home and abroad can we put an end to torture for good.”

Joy Hurcombe, the chair of the Save Shaker Aamer, made the following statement on this anniversary:

“June 26th, is the UN International Day in Support of Victims of Torture to remind the world that torture is a crime against humanity in international law. For over ten years, British resident Shaker Aamer has been imprisoned without charge or trial in Guantanamo, where he is routinely tortured. A recent shocking report from his US lawyer has been forwarded to David Cameron. This states that Shaker Aamer remains in solitary confinement, suffering daily beatings and abuse. He is deprived of sleep, medication and basic necessities including toilet paper, cup and comb. The UK and US Government could also mark the day by ending the ordeal of our victim of torture. By doing nothing, both countries are guilty of state-sponsored torture.”

Please join us at our next action - a lunchtime demo (12-2pm) outside the US Embassy in Mayfair – on US Independence Day, Wednesday 4th July, where we revert to our more usual orange and black attire (not mandatory).
Media on this event:

http://www.demotix.com/news/1301071/no-torture-vigil-london
http://www.demotix.com/news/1301327/international-day-support-victims-torture-marked-london 
http://www.facebook.com/media/set/?set=a.428885783818930.96880.114010671973111 

Aisha Maniar from the London Guantánamo Campaign wrote the following article about the anniversary:

http://onesmallwindow.wordpress.com/2012/06/26/no-torture-porn-in-court-please-were-british/

Andy Worthington wrote the following article:

http://www.andyworthington.co.uk/2012/06/26/on-25th-anniversary-of-un-convention-against-torture-khalid-sheikh-mohammeds-lawyers-submit-case-to-rapporteur/  

MEDIA RELEASE: 25 Years of UN Convention Against Torture: Human Rights Activists Say "NO to Torture" in Torture Victims' Day Vigil in Trafalgar Square, 6-8pm

26th June 2012 - for immediate release


The London Guantánamo Campaign [1] and human rights activists will hold up banners saying "NO to torture" in over 30 languages at a vigil to mark International Day in Support of Victims of Torture [2] and the twenty-fifth anniversary of the United Nations Convention Against Torture [3] on the north side of Trafalgar Square, outside the National Gallery, at 6-8pm today.

Aisha Maniar, a spokesperson for the London Guantánamo Campaign, says, "After the horrors of World War II, the world said "never, never again", but it quickly changed its mind. Instruments like the Convention Against Torture and the European Convention on Human Rights were introduced to make states honour the obligations they signed up to, but the failure continues, particularly on this most basic of rights, to protect the most vulnerable in society.
"In the twenty first century, a pernicious new angle has been added to the practice of torture: outsourcing through extraordinary rendition, an international crime almost all states have played a part in. As well as standing in solidarity, we demand accountability for all victims. The demonisation of victims, as asylum seekers, suspected "terrorists" and insurgents must stop; the true criminals, those guilty of crimes against humanity, must instead be prosecuted.
"The twenty-fifth anniversary provides a good opportunity for reflection, one that is unlikely to be taken. The government's recent introduction of the Justice and Security Bill [4], tipped more in favour of the latter, should not be used as a method of preventing disclosure of involvement in torture and denying victims the right to justice."

ENDS

NOTES TO EDITORS
1. The London Guantánamo Campaign campaigns for justice for all prisoners at Guantánamo Bay, for the closure of this and other secret prisons, and an end to the practice of extraordinary rendition. http://londonguantanamocampaign.blogspot.com/
2. In 1998, the United Nations consecrated 26 June each year as International Day in Support of Victims of Torture: http://www.un.org/en/events/torturevictimsday/
3. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force internationally on 26 June 1987: http://www2.ohchr.org/english/law/cat.htm

4. Justice and Security Bill, published 29 May 2012: http://www.publications.parliament.uk/pa/bills/lbill/2012-2013/0027/lbill_2012-20130027_en_1.htm

MEDIA RELEASE: Magna Carta Anniversary Marked with Death of Habeas Corpus Rights for Guantánamo Bay Prisoners

MEDIA RELEASE: Magna Carta Anniversary Marked with Death of Habeas Corpus Rights for Guantánamo Bay Prisoners
14th June 2012 – for immediate release
The London Guantánamo Campaign [1] regrets the decision of the American Supreme Court, on 11 June, to reject petitions from 7 Guantánamo Bay prisoners [2], held without charge or trial for over a decade, to challenge the basis of their detention. This comes in the same week as the 797th anniversary of the Magna Carta, on Friday 15 June, conferring the rights to a fair trial and habeas corpus [3], among others, for almost the past eight centuries. The court gave no reason for its decision to overturn this basic right it had earlier upheld.

On the same day, 11 June, the Save Shaker Aamer Campaign [4] marked this upcoming anniversary with a protest outside Parliament calling for the release and return of British resident Shaker Aamer [5] to the UK and demanding that the government uphold his rights under Articles 39 and 40 [6] of the Magna Carta.

Aisha Maniar, a spokesperson for the London Guantánamo Campaign, says, “Almost eight centuries of hard fought-for and secured basic legal rights and liberties have been eroded through over a decade of indefinite detention and mistreatment under Presidents Bush and Obama at Guantánamo Bay and other places like it. Basic rights have been denied not just to these prisoners, but to all: the logical extension to this regime is the National Defense Authorization Act (NDAA 2012) recently passed by the US government.

“The British government has fared no better through its failure to secure the release of British resident Shaker Aamer, who has been detained by the US without charge or trial at Guantánamo Bay for over a decade, and its current efforts in the Justice and Security Bill to deny claimants the right to open justice and a fair hearing. Where then is the protection for ordinary citizens against arbitrary acts of the state?”

ENDS

NOTES TO EDITORS
1. The London Guantánamo Campaign campaigns for justice for all prisoners at Guantánamo Bay, for the closure of this and other secret prisons, and an end to the practice of extraordinary rendition. http://londonguantanamocampaign.blogspot.com/
The London Guantánamo Campaign will mark International Day in Support of Victims of Torture, on 26 June, with a vigil in Trafalgar Square at 6-8pm: http://londonguantanamocampaign.blogspot.co.uk/2012/06/26-june-london-saysno-to-torture.html

2. http://www.supremecourt.gov/orders/courtorders/061112zor.pdf The prisoners are from the 40 detainees remaining at the camp who do not face trial or charges but have been held for over a decade without knowing the grounds for their detention. 169 prisoners remain in total.
http://www.andyworthington.co.uk/2012/06/06/exclusive-guantanamo-scandal-the-40-prisoners-still-held-but-cleared-for-release-at-least-five-years-ago
3. The Magna Carta was signed in 1215, a charter granting rights and freedoms to ordinary subjects. It is a cornerstone of the English legal and constitutional system and has influenced American and international law.
Habeas corpus is an application made by a prisoner, or on their behalf, to a court for said prisoner to know whether there is sufficient cause and evidence for continued detention. It is considered to safeguard individual freedoms against arbitrary state action.
In 2008, in the case of Boumediene v Bush (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=06-1195), the Supreme Court held that this constitutional right – to know the case against you and reasons for detention - extended to prisoners held at Guantánamo Bay.
4. http://www.saveshaker.org/

5. Shaker Aamer was cleared for release by the US military in 2007. He claims to have been tortured repeatedly during his time in US custody, on one occasion in the presence of a British intelligence agent. He has a British wife and four children living in Battersea, south London. Former Prime Minister Gordon Brown sought his release in August 2007, along with four other residents held at Guantánamo Bay, the last of whom was released in February 2009. His lawyer, Clive Stafford-Smith, has recently expressed grave concerns for his physical and mental health due to prolonged arbitrary detention. http://www.reprieve.org.uk/cases/shakeraamer/

6. Article 39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
Article 40. To no one will we sell, to no one will we refuse or delay, right or justice.
http://www.bl.uk/treasures/magnacarta/index.html