NEWS:
Guantánamo Bay
The resettlement in third countries of Guantánamo prisoners cleared for
release under Barack Obama was often linked to cash, trade and diplomatic deals
between the US and the host country. The resettlement of four Chinese Uighur
refugees in Bermuda in 2009, where they and their families are practically hostages
as they cannot leave the island even for urgent medical treatment, is one of the
deals concerning which there has been much speculation and obscurity. In late
2017, a $20,000 per month deal was brokered by the government of Bermuda and
a lobbying firm run by a former senior political strategist for Barack Obama who
was involved in his election campaign as well as being present when the men
arrived in Bermuda. Another company run by the same man, Art Collins, is
reported to have come up with the idea of resettling the men in Bermuda. The
island, a British Overseas Territory, is also a tax haven and the services to
be provided under the contract relate to taxation and compliance.
In November, Marine Brig. Gen. John Baker, the chief defence counsel for military commissions, spent two days
in confinement at Guantánamo after being found guilty of contempt at the war
court in the case of Abd Al-Nashiri for disobeying orders when he refused to
testify before the judge and withdraw a decision he made to allow some of the
civilian defence lawyers in the case to quit. He was sentenced to 28 days but
did not serve the full sentence or pay the $1000 fine as the sentence was
suspended. In early December, his lawyers filed a lawsuit to have the
conviction overturned as the conviction – the only one at Guantánamo under
Trump – could affect his career negatively. He is represented by volunteer
lawyers who also applied to the federal courts to have him released when he was
confined at Guantánamo.
Pre-trial
hearing continued in the case of 5 men accused of involvement in the September
2001 attacks in New York. On 6 December, a retired FBI agent, who claims that
she questioned him without the use of torture – although she did not say whether
she had used torture-based evidence to formulate the questions she asked – said
that Saudi Mustafa Al-Hawsawi admitted to helping with the flights and finances
of seven of the 19 men who hijacked the planes used in the attack during a 2007
interrogation. This interrogation would have taken place shortly after he arrived
at Guantánamo following years of severe torture at various secret CIA jails all
over the world. Hawsawi has outstanding cases for torture complicity by
European states at the European Court of Human Rights.
As part
of the hearing, his lawyers are challenging the idea that the war on terror
started before 9/11 and that if it started subsequently, he should be tried
before a civil court and not a military tribunal as his alleged involvement
predates the attacks themselves, given that he is accused of being a businessman who
financed them and other Al Qaeda activities.
The agent
Abigail Perkins had collected documents from the United Arab Emirates prior to
his kidnap and rendition, such as bank documents and phone bills. He did not
attend the hearing himself as he suffers from back and rectal pain from the
years of physical and sexual torture he suffered at the hands of the CIA, which
make it difficult for him to sit for too long.
The war court prosecutor issued new charges against three prisoners –
Indonesian Riduan bin Isomuddin, known as Hambali, and two Malaysians Bashir
Lap and Mohamed Farik Bin Amin, considered his aides, accused of involvement in
attacks on western targets in Indonesia. The two Malaysians were added as
co-conspirators for the first time. They are accused of “murder, terrorism,
attacking civilians and civilian objects, attempted murder, intentionally
causing serious bodily injury and destruction of property as a war crime”.
Charges were initially brought against Hambali in June 2017. The three arrived in
Guantánamo in 2006 after years in secret CIA prisoners and were not charged for
over a decade.
However, on 20 December, the case was returned without approval by the
Pentagon due to a “procedural issue”.
On 13 December, Nils Melzer, the United Nations Special Rapporteur on Torture,
slammed the US for ongoing torture at Guantánamo and its failure to bring those
responsible for these practices to account. He said that the US is acting
in violation of the Convention Against Torture and criticised the admissibility of
evidence obtained from torture before the military tribunal.
Following issues related to client-lawyer privilege, including
eavesdropping on conversations and other issues that may have led to the resignation
of Abd Al-Nashiri’s legal team, proposals have been put forward for a private
attorney-client meeting place at Guantánamo, as requested by a Pentagon official.
However, the specifications “for the new site envision six meeting rooms
equipped with security cameras linked to a control room; a place for captives
to make or receive telephone calls as well as “control and listening rooms.””
It is also expected to be wheelchair accessible. Lawyers for
defendants held at Guantánamo are sceptical that they can trust that they will
be allowed to have confidential conversations with their clients at Guantánamo.
Extraordinary rendition
An American citizen who has been held without access to a lawyer
since handing himself over to the US military in Iraq in September is reported to
have asked for a lawyer. The man has been seen by the Red Cross but the US has
been wary about releasing any information about him. By failing to give him
access to a lawyer to challenge the grounds of his detention – which remain unknown
– the Trump administration has breached the US constitution.
The man is being held as an “enemy
combatant” and allegedly fought with ISIS. It later emerged that the man is
also a Saudi citizen. The ACLU has learned that the man has been interrogated
by the FBI and others during his detention.
The ACLU has sued the US government
to be able to provide the man with legal counsel. The man has not been charged
but on Christmas Eve, a federal judge ruled that the US military must provide
the man with a lawyer, and to grant the ACLU “"immediate and unmonitored
access to the detainee" so that it can determine whether he wants the ACLU
to represent him. The judge also ordered the Defense Department not to transfer
the detainee until the ACLU tells the court of the detainee's wishes.”.
LGC Activities:
The December Shut Guantánamo! monthly demonstration was on 7 December.
In January, there will be two events on 11 January in London to mark 16 years
of Guantánamo, a vigil in Trafalgar Square from 12-3pm organised by the
Guantánamo Justice Campaign and a candlelight vigil outside the US Embassy at
6-8pm organised by the LGC: https://www.facebook.com/events/133351624119249/
With the US Embassy relocating to Nine Elms in the coming week, after almost 12
years of protest this is likely to be our last major Guantánamo demo at this
historic site. Please do join us!
