Showing posts with label european parliament. Show all posts
Showing posts with label european parliament. Show all posts

Thursday, June 30, 2016

LGC Newsletter – June 2016



NEWS:
Guantánamo Bay:
There are currently 79 prisoners at Guantánamo Bay after one Yemeni prisoner was transferred to Montenegro on 22 June. Abdel Malik Ahmed Abdel Wahab al-Rahabi, 36, arrived at Guantánamo on 11 January 2002. Accused of having once served as a bodyguard for Osama Bin Laden, as a very large number of other Guantánamo prisoners have been, he was never charged or tried for any offences.

Pre-trial hearings into the alleged involvement of 5 Guantánamo Bay prisoners in the attacks in New York on 11 September 2001 continued this month. As part of consideration of the conditions in which the defendants are being held in and the torture they claim to have suffered at Guantánamo, two other prisoners, who are not facing charges, were called to give evidence in the case. Somali prisoner Hassan Guleed told the court of the torture he has been subject to in the secret camp (Camp 7) he and the defendants are held in. He echoed their claims of sleep deprivation and that there are deliberate noises and vibrations in the camp as well as strange chemical smells used to pressurize the prisoners. He called it “mental torture”.
Abu Zubaydah, who has not been seen other than by his CIA and military torturers and captors since 2002, was also supposed to give evidence. He allegedly came to the door but was turned back and the hearing set for another date as the lawyers asked for an adjournment when Abu Zubaydah’s lawyer objected to the incriminating questions put to Guleed. The prosecution lawyer asked questions about Guleed’s involvement with terrorist organisations in East Africa even though he had no legal representation, was not on trial or facing one and the questions were not relevant to his testimony in court. The two men were asked to testify by the defence lawyers of one of the 5 defendants to show that the conditions under which they are held make it difficult for them to contribute effectively to the proceedings.
At the same hearing the next day, a former prison commander claimed that Guleed’s claims were not true and that the prisoners had not been tormented by guards or subject to torture. Instead, he said that Ramzi Bin Al-Shibh, who had made the accusations of noise and sleep deprivation and asked other prisoners to testify, had made over 90% of complaints in Camp 7 when he was in charge there. When asked why these complaints were not investigated, he said they were not considered credible.
Lawyers for Al-Shibh also requested that the UN Special Rapporteur on Torture Juan Mendez be granted permission to come and inspect the camp conditions for himself. He was invited to join a media tour of Guantánamo in 2012 but refused as he would not have full access to prisoners and facilities. The lawyer made an application for him to visit and be given fuller access in May. Lawyers for the men have said that Mendez may accept just to be given access to Camp 7 where the defendants and other high value prisoners like Abu Zubaydah and Ahmed Guleed are held.

Nine prisoners had their status reviewed to consider whether they can be cleared for release by the periodic review board, bringing the number of prisoners who have had their cases reviewed to 50 in total.
Mohamedou Ould Slahi, the last Mauritanian prisoner and best-selling author of Guantanamo Diary had his hearing on 2 June. His counsel stated that if released he would want to return to his family in Mauritania, start a business, and promote his book if he is allowed to travel. Ould Slahi has been described as a compliant prisoner and even a former prisoner guard wrote a letter in support of his release. Representatives from the Mauritanian Embassy attended with the media at the unclassified parts of the hearing.
On 7 June, Moroccan prisoner Abdul Latif Nasir had his review hearing. The US military simultaneously alleges that he was a seasoned fighter for various extremist groups and a member of a non-violent mystical Islamic group in Morocco focusing on spiritualism. Nasir was not captured but purchased for a bounty by the US military which was vague about how he was captured and the dates and locations of the many places he is alleged to have fought in. Nasir wants to return to Morocco and would get work through his family there.
Abdul Zahir, a 44-year old Afghan who the US says it “probably misidentified” was the third prisoner to have his review hearing on 9 June. He arrived at Guantánamo in October 2002 after having being captured in a raid: “The supposed chemical or biological agents that U.S. forces seized during the raid turned out to be salt, sugar and petroleum jelly.”
http://www.courthousenews.com/2016/06/09/probable-case-of-mistaken-id-recounted-for-gitmo-board.htm
Another Afghan prisoner, Haroon Al-Afghani, held at Guantánamo since June 2007 had his hearing on 14 June. The US military claims that he worked with various militant groups and the Taliban in Afghanistan and even launched attacks on the US and its allies but has never charged him.
Saudi prisoner Mohammed Al-Qahtani, whom the US has admitted torturing, “including severe sleep deprivation, sexual humiliation, violence and other sadistic interrogation methods carried out for weeks,” had his hearing on 16 June. Having tried to enter the US in August 2001, the United States alleged he was the 20th bomber for the September 2001 attacks. His lawyers, however, painted a picture of a man with severe mental health issues, going back to his childhood, which have been greatly worsened. Charges brought against him early on were dropped when it was realised that all the evidence came from the torture he had been subject to. His lawyers argued for him to be sent home to Saudi Arabia where he can receive adequate care for his psychiatric issues. In a statement, they said, “Filings made before the Periodic Review Board disclose, for the first time, that from an early age al Qahtani suffered from schizophrenia, major depression, and possible traumatic brain injury. He was mentally ill not only prior to his imprisonment and torture at Guantánamo, but also long before the government claims he was invited into the secretive, closely-guarded 9/11 conspiracy. Records independently located by the Center for Constitutional Rights show that al Qahtani was involuntarily committed to a mental hospital in Mecca in May 2000 because he suffered an acute psychotic break and attempted to throw himself into moving traffic. Saudi police once found him naked in a garbage dumpster, and he heard voices and suffered other classic symptoms of psychosis throughout his adolescence. A psychiatric expert’s report, based on the hospitalization records, other investigative work, and many hours of examination of al Qahtani, was filed with the Review Board as well.”
Russian prisoner Ravil Mingazov had his hearing on 21 June. While the US presented him as having military training from Russia and having been involved with Islamist groups in Tajikistan, his lawyers explained he had a non-combat role (and was not trained) in the army and was trying to seek asylum in Tajikistan. He does not wish to return to Russia where his family has been persecuted and hopes to come instead to the UK where his wife and children have successfully sought asylum.
Ghassan Abdullah Al-Sharbi, a Saudi prisoner who is a qualified engineer from the US and Saudi Arabia, had his hearing on 23 June. He has been non-compliant and chose not to attend and did not meet with his representative.
Yemeni Musab Omar Ali Al-Mudwani, 36, had his review hearing on 28 June. Described as a low-level militant and compliant prisoner, he would ideally like to return to Yemen which is currently barred by the US administration.
Yemeni prisoner Hail Aziz Ahmed Al-Maythali had his hearing on 30 June.
In addition, four prisoners who have already had reviews learned the outcome in June: only one, Afghan Karim Bostan, 46, was cleared for release. Three other prisoners – 2 Yemenis and a Kenyan – were deemed to remain too dangerous to release by the arbitrary administrative board whose decisions are not based on law.

Former Guantánamo prisoners Belgian Moussa Zemmouri and Algerian Soufian Abar Huwari went on trial for a week in Brussels from 13 June on alleged terrorism charges related to a burglary in Antwerp, the proceeds of which the Belgian authorities claim would have gone to fund terrorism in Syria. Neither man was charged at Guantánamo or had been until their arrest in Belgium last year.
In Spain, following his arrest in 2014, for allegedly running a terrorist cell linked to the war in Syria, former prisoner Lahcen Ikassrien went on trial on 20 June along with others who are co-accused. Due to his Guantánamo imprisonment and as the alleged ringleader, the Spanish prosecutor asked for a longer sentence for him. He was never charged at Guantánamo and did not come to the attention of the authorities after his 2005 release until his arrest. However, shortly before his 2014 arrest, Spanish prosecutors said they would be willing to start a case into the torture he and other former prisoners claim they suffered in US detention.

Extraordinary Rendition:
The Crown Prosecution Service (CPS) announced that following its 4-year investigation it will not be pressing criminal charges against officials, including former foreign secretary Jack Straw, for British collusion in the rendition to torture of Libyan dissident Abdel Hakim Belhaj and his wife, who was pregnant at the time, from Southeast Asia to Libya in 2004. There will be no prosecutions in the case.
Following this decision, the matter was discussed in parliament – concerning what the intelligence services knew and disclosed – on 29 June and a call by a number of human rights organisations to hold a judge-led inquiry into the UK’s involvement in extraordinary rendition and CIA torture was dismissed by Prime Minister David Cameron.
On 8 June, the European Parliament passed a new non-binding resolution calling on Member States to investigate their role in extraordinary rendition and more the Parliament to conduct more fact-finding missions.

Sabrina de Sousa, a former CIA agent convicted in absentia by an Italian court along with colleagues for her role in the 2003 rendition of Milan-based cleric Abu Omar lost her fight against extradition from Portugal to Italy after the Portuguese Supreme Court rejected her claims. It is likely that she will have to go to Italy to hear her sentence but that she will be able to serve it in Portugal. She claims she was only an interpreter and had nothing to do with the torture Abu Omar has faced. Although she did not ask him, he has asked the Italian authorities to pardon her. She asked Hilary Clinton for help but that was not given. It is the only case anywhere in the world where CIA agents have been found guilty of torture under the extraordinary rendition programme. Facilitating torture is also a crime against humanity and a war crime.

In response to a freedom of information filing made by the American Civil Liberties Union, the CIA has released 50 new documents that shed considerable light on the extraordinary rendition programme. The full documents can be viewed through a link at:

Guantánamo prisoner Mustafa Al-Hawsawi who claimed he was held at a secret CIA-run prison in Lithuania has had “victim status” denied which would grant him greater protection and more access to information as part of an ongoing investigation. The Lithuanian authorities claim there is no proof that any such torture facility was run in the country but will not allow a full and impartial investigation to go ahead at the same time.

On 29 June, two cases were heard at the European Court of Human Rights in Strasbourg against Lithuania (brought by Abu Zubaydah) and Romania (brought by Abd Al-Nashiri) for the torture they suffered at secret CIA-run facilities in these states. Lawyers for Al-Nashiri told the court that the CIA had paid Romania millions of dollars to run such facilities. The Lithuanian government remains in denial about its role.

LGC Activities:
The June Shut Guantánamo demonstration was on Thursday 2 June. As it coincided with the periodic review board hearing of Mohamedou Ould Slahi, a special “Free Slahi” demo was held outside the US Embassy with readings from Guantánamo Diary. A similar but much larger protest was held outside the US Embassy in Mauritania on the same day. The July demonstration is on 7 July at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park, opposite Marble Arch: https://www.facebook.com/events/320814844916185/

The LGC marked UN International Day in Support of Victims of Torture on 26 June with a special “Borders of Torture” solidarity vigil in Trafalgar Square focusing on the refugee crisis. Many refugees are survivors of torture. This year's theme was “support life after torture” and so activists from the LGC put together a clothesline with “bloody” t-shirts and a banner stating “Don’t hang torture survivors out to dry”. Read our report here:

The LGC (@shutguantanamo) is continuing to hold weekly #GitmObama Twitter storms to raise awareness about Guantánamo prisoners every Monday at 9pm BST. The pastebin is available http://pastebin.com/zpx5F7ab which is updated weekly with the latest information and tweets to raise awareness about Guantánamo. Please join us online if you can!

Friday, February 27, 2015

LGC Newsletter – February 2015



BRITISH RESIDENTS: 

The last British resident held at Guantánamo entered his 14th year of detention there without charge or trial on 14 February; Shaker Aamer, a Saudi national, who has a British family in south London, has been cleared for release on several occasions since 2007.
Following a meeting between David Cameron and Barack Obama in Washington last month, the US president said he would prioritise Aamer’s case, however as Aamer marked his 13th anniversary at Guantánamo, US Defense Secretary Chuck Hagel admitted that his case was not a priority and was not on his desk. This is in spite of the special relationship between the US and the UK and growing concerns following a law tabled and passed by the US Senate to prevent any more prisoners being released before the next US election at the end of 2016.







On 14 February, more than 100 people joined the Save Shaker Aamer Campaign at a protest it held to mark 13 years of Shaker Aamer being held at Guantánamo without charge or trial. The demonstration started at around midday with a colourful display opposite the Houses of Parliament and stopped traffic in Parliament Square and on Westminster Bridge as it progressed to Downing Street. Short speeches were given opposite Downing Street and a letter was delivered to the Prime Minister’s residence at the end of the demonstration. Media of the demonstration:


NEWS:
Guantánamo Bay:
On 4 February, a 38-year old Yemeni prisoner, Khalid Ahmed Qasim, who has been held at Guantánamo without charge or trial since May 2002, had his ongoing detention reviewed by the prison review board. After more than 13 years, the best excuse the Pentagon can come up for his continued detention is he “may have fought for the Taliban in Afghanistan and is suspected of joining al Qaeda.” At Guantánamo, he has taken part in hunger strikes and has been involved in many “disciplinary infractions including attacking and threatening guards and splashing bodily fluids on them”.
Egyptian prisoner, 57-year old Tarek El-Sawah, who had his review in January, has been cleared for release. El-Sawah, who has contracted a number of illnesses at Guantánamo and is reported to be morbidly obese, once faced charges which were later dropped without reason by the US government.

There has been good and bad news for former Canadian child prisoner Omar Khadr this month: in early February, King’s University in Edmonton offered him a place to study as a mature student provided his application for bail, which will be heard at the end of March, is successful. For the past 6 years, teachers from the university have helped Khadr to study for his high school diploma equivalent by correspondence when he was at Guantánamo and in person since his return to Canada.
On 13 February, a federal judge rejected an application brought by several media organisations to be able to interview Khadr in prison, claiming that the ban by wardens, as the facilities are unsuitable, was not political or a breach of their rights. Omar Khadr has never been given the opportunity to present his side to his own story – either in court or to the public – which has instead allowed the questionable claims made about him by the US and Canadian governments to dominate.

Following the quashing of the military commission conviction of a former Sudanese prisoner in January, following a major decision in the ongoing case of Ali Hamza Al-Bahlul last year, on 18 February, former Australian prisoner David Hicks, who was first prisoner to be convicted in 2007 had his conviction quashed on the sole charge of providing material support for terrorism, which is not recognised as a war crimes and was applied with retroactive effect.
Under a plea bargain, which was his only way out of Guantánamo after the Australian government refused to make representations on his behalf, Hicks entered an Alford plea whereby he pleaded guilty without admitting the charges, thereby maintaining his innocence. According to the US, he waived his right to appeal as part of the plea bargain, however his lawyers later demonstrated that the paperwork had been filed after the deadline and thus he had not waived this right. Hicks returned to Australia in 2007, where he served the rest of his sentence in jail there.
The Australian government which was aware of and complicit in his torture has continued to vilify him and the media in Australia has continued to brand him a “terrorist” and call for his prosecution, even though there is no legal basis for this. No apology has been offered by the Australian or US governments and Hicks has said he will not seek compensation. In an editorial in The Age on 27 February, Hicks stated, “To just focus on why I was in Afghanistan and ignore the crimes committed against us in Guantanamo, seems to be a diversionary tactic to try to prevent people from asking more pressing questions around my case – like why the Australian government sold out one of its own citizens to protect the Bush administration, and why successive Australian governments have refused to independently investigate what happened to me. What really worries me is that because of the careless and blatantly political way my case was handled, it means that others are more likely to be subjected to the same treatment because those involved got away with it.”

The pre-trial hearing in the case of five prisoners accused of involvement in the 9/11 attacks in New York in 2001 resumed on 9 February, for the first time in six months, only to recess after one hour after one of the defendants identified an interpreter used by his defence team as an interpreter who had worked for the CIA when he was “disappeared” into secret CIA prisons. Other defendants confirmed having seen him at such facilities too.
The hearing did later resume and now that the Senate’s redacted report into CIA torture has been published, defence lawyers can talk about the torture their clients faced. The next hearing is scheduled for April.
Ongoing hearings also resumed in the separate military commission pre-trial hearings of Abd Al-Nashiri on 25 February.

On 12 February, the US Senate passed a bill that could prevent the release of more prisoners before 2016. During the vote in a closed meeting, the bill was passed with measures including the prohibition of transfers to Yemen for the next two years, continuation of the ban on transfers to the United States and would suspend international transfers of prisoners. President Obama has threatened to veto the bill.

Extraordinary Rendition:
In a new resolution by the European Parliament, the civil liberties, foreign affairs and human rights committees will resume their investigation into European collusion in torture and extraordinary rendition following new information from the Senate report into CIA torture. The European Parliament is calling for an end to impunity and for member states to investigate allegations of torture made against them.

On 17 February, the European Court of Human Rights in Strasbourg rejected an appeal by the Polish government made last year against a judgment finding it complicit in running torture facilities for the CIA in Poland where prisoners such as Abu Zubaydah and Abd Al-Nashiri, currently held at Guantánamo, were held and tortured. No reasons were given for why Poland’s appeal was rejected and the state will now have to pay the two defendants a total of €230,000, to include legal costs. According to the Bureau for Investigative Journalism:
“However, Abu Zubaydah’s US lawyer confirmed to the Bureau that if the money was made available they would not claim the legal costs, and that Abu Zubaydah would be donating the full €100,000 in damages to victims of torture.
Poland is the first EU member state to be found guilty of complicity in the CIA’s secret detention programme and responsible for multiple violations of the detainees’ rights.
The case concerned the treatment of the two detainees, who were held by the CIA in Poland and subjected to torture, incommunicado detention and secret transfer to other CIA black sites.
Both men were secretly rendered to Poland on December 5 2002. Al-Nashiri was taken to Morocco on June 6 2003. Abu Zubaydah was transferred from Poland to a black site in Guantánamo Bay on September 22 2003.
Helen Duffy, European lawyer for Abu Zubaydah, told the Bureau the decision means that “Poland is required to finally conduct a thorough and effective investigation, make public information concerning its role and hold those responsible to account”.
She added: “This is an opportunity for Poland to reengage constructively, to address the crimes of the past and reassert its position as a supporter of the rule of law.””

LGC Activities:
The LGC marked eight years of regular demonstrations outside the US Embassy on Thursday 5 February. Four people attended.
Media of demonstration:
Our March “Shut Guantánamo!” demo will be on Thursday 5 March: https://www.facebook.com/events/464988880321972