LGC Newsletter – May 2017

NEWS:

Guantánamo Bay

Pre-trial proceedings continued in May in the case of five men accused of involvement in attacks on New York in September 2001. As part of the proceedings, another prisoner, Abu Zubaydah, who was severely tortured as part of the CIA’s extraordinary rendition programme but faces no charges, was due to give evidence on 12 May of the abuses the men claim they face at the secretive high security Camp 7 where they are all held, away from other prisoners and most of the prison guards. He was the first person to be subjected to waterboarding by the CIA and has successfully prosecuted Poland before the European Court of Human Rights for its role in his rendition and torture. Lawyers for one of the defendants, Ramzi bin Al Shibh, have tried for over a year to get Abu Zubaydah to testify about life at the camp to support “al Shibh’s claim that somebody is intentionally harassing him with noises and vibrations to disrupt his sleep. The military denies any sleep-deprivation program is happening, but both the prison and captives consider Zubaydah a respected, well-behaved block leader.”

Abu Zubaydah decided not to testify as he would not be allowed to talk about the torture he faced in CIA custody for years before arriving at Guantánamo Bay in 2006. Had he testified, it would have been the first time he would have spoken in public since he was kidnapped in Pakistan in 2002. As he would not be given a fair chance to discuss the issues he wants or talk about the abuse he has faced, he decided there would be no benefit in testifying.

http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article151572317.html

As part of the pre-trial hearings, lawyers for the five defendants argued that the tribunal was not legitimate and that the case against them should be dismissed as it is contrary to the international law of war. A variety of claims were made against the legitimacy of the charges in a war situation and whether the court has jurisdiction to hear the case; the men face the death penalty if found guilty. Prosecution lawyers defended the legitimacy of the court and the judge has yet to rule on these motions which go to the very heart of the legitimacy of the court.

http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article151389447.html

Saifullah Paracha, 69, the oldest prisoner held at Guantánamo, has had his second bid to be cleared for release by the periodic review board rejected. The former international businessman offered to retire upon release and close his businesses; his plan is to return to Pakistan and spend his time with his family. Aged almost 70, his health is declining and he has never been charged since being kidnapped by the US in 2003. The board decided that his “continued refusal to take responsibility for his involvement with al-Qaida” was the reason for this continued detention. He is considered a very compliant prisoner but his lawyer argues that he cannot show remorse for things he maintains he did not do. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article151705882.html

The Spanish Supreme Court upheld the 11.5-year sentence given to former Moroccan prisoner Lahcen Ikassrien for having led a terrorist cell in Madrid that allegedly raised funds for ISIS. He was sentenced in September 2016 along with eight co-defendants.

http://www.iustel.com/diario_del_derecho/noticia.asp?ref_iustel=1165299

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

http://www.medias24.com/MAROC/Quoi-de-neuf/173100-Cinq-ans-de-prison-ferme-pour-un-Marocain-ex-detenu-a-Guantanamo.html

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

prisoner, he is suspected of having influenced people to go and fight in Iraq and Syria.

Lawyers in the ongoing case of Yemeni prisoner Hamza Ali Al-Bahlul, who was convicted by a military commission in 2009 and later won his appeal to have his conviction quashed twice, have taken the case to the Supreme Court and are asking the court to settle the issue of the validity of the jurisdiction of the military commissions: whether or not they have the power to hear the alleged war crimes cases brought before them.

Lawyers are also asking for clarity on this point in the case of Abd Al Nashiri, who is currently facing a military commission trial. His lawyers have already asked the court whether his offences can be classed as war crimes when they relate to alleged actions in the 1990s, before the war on terror started; the court replied that it was a legitimate question but one that should be considered after his trial is complete.

https://www.justsecurity.org/41548/supreme-court-guantanamo-military-commission-appeals/

LGC Activities:

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

Unfinished Business: 8 November, Demonstration to Mark US Presidential Election 2016 (Report)

In 2008 and 2012, on the day of the US presidential election, the London Guantánamo Campaign (LGC) held demonstrations outside the US Embassy in London to call for the closure of Guantánamo Bay and to raise awareness of issues of joint human rights concern for the UK and US such as the Extradition Act 2003. The protests held were not against the US election or any of the candidates at any point. The LGC has, over its 10-year history, held frequent demonstrations right outside the entrance of the US Embassy. Nonetheless this year, even before Donald Trump was elected, the US Embassy decided to contain peaceful human rights activists on the far corner of the US Embassy (opposite to where we usually and have previously gathered) away from where the public, and particularly those entering the embassy, could see them. The message was clear: in the new US political era, human rights will remain marginal, allocated to an unseen corner, if at all.

Maya Evans, VCNV UK

Around 30 people joined the protest. In spite of the small and peaceful nature of the protest, the embassy was cleared intimidated enough by its message to attempt to contain and marginalise it. The message itself was one of solidarity with political prisoners and the 60 men who remain at Guantánamo Bay after almost 15 years. 

Asif Uddin, Justice 4 Anis

Activists and campaigns who joined the demonstration included Maya Evans from Voice for Creative Non-Violence UK who spoke about the proliferation of US military bases around the world and particularly in Japan and a forgotten but central issue of this presidential campaign: the war in Afghanistan. Asif Uddin from the Justice 4 Anis campaign, for Anis Sardar, a British national serving a life sentence for the murder of a US soldier in Iraq in a highly unusual case, spoke about his plight; last week, Anis Sardar lost an appeal in his case. The Guantánamo Justice Campaign also spoke about the British government and Guantánamo.

David Allen from WISE Up for Chelsea Manning

Solidarity was also shown by Men’s Payday and WISE Up for Chelsea Manning with Wikileaks whistleblower Chelsea Manning. Manning is currently serving a 35-year sentence for revealing some of the war crimes of the Bush administration; on the other hand, no Bush era officials have ever been prosecuted, let alone convicted and tortured as she has. Placed in solitary confinement in October for attempting suicide in jail, it has recently been revealed that she has attempted to commit suicide again while in solitary and is likely to be punished again for this. Calls have been made for Barack Obama to grant Manning clemency before he leaves office in January 2017.

Men are not the only victims of the war on terror: an exclusive statement was read out on behalf of Dr Fowzia Siddiqui, the sister of Dr Aafia Siddiqui who “disappeared” for 5 years in 2003 with her 3 young children. It is believed she was held at Bagram during that time. Her youngest child, aged 6 months when he “disappeared” has never been found. Dr Aafia Siddiqui is currently serving 86 years for assaulting US military staff and having a weapon in her possession:

“It is an honor for me to address such a distinguished audience.

You are great people, people who give life and courage to people like us.

You are the courageous few who have the will to speak up against a wrong and help humanity regardless of who the perpetrator is.

It is the efforts of people like you that today Moazzam Baig, Binyam Mohamed, Agha Musavi, Aafia's babies Ahmed and Maryam and hundreds of other illegal detainees are safely with their families. But still there remains much to be done each release carrying its bitter sweet moments. Beautiful lives wasted in torture cells without any justification ever, not even remorse.

On behalf of Aafia's family I want to thank you for being here, thank you for showing you care, thank you for renewing our faith in humanity. One more year of grief, struggle and hope is passing by. A total of 13years of an ordeal so outrageous and overwhelming, that when asked to comment on how we as a family are coping, my first reaction was its 13 years too long, that says it all.

I don't have words to thank the organisers for the efforts that have been put in this initiative to raise their voice for those innocent souls who are left to die in the world’s most horrific torture chambers designed by a super power that claims to champion human rights.  I do not have the words to thank all of you who have gathered here to show that you care. Indeed you are the few that make history by helping an innocent soul and raising your voice. May Allah put his Barakat in this mobilisation and grant Aafia and all innocent detainees the freedom they deserve. Ameen.

Though my words fail me I know my Allah will not and I pray he showers his blessings on you all and reward you immensely. May Allah keep you safe happy and successful. Ameen.”

Noel Hamel from the LGC

The outcome of the US presidential election is irrelevant to the prisoners at Guantánamo Bay. It is unlikely that Barack Obama will succeed in closing Guantánamo by the time he leaves office in January 2017 or that Donald Trump has plans to close Guantánamo. Human rights have been a non-issue in this presidential campaign. Nonetheless the London Guantánamo Campaign will continue to campaign for the release of the remaining 60 prisoners at Guantánamo Bay.  
Thank you to everyone who joined us