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Showing posts with label Guantanamo detainees. Show all posts
Showing posts with label Guantanamo detainees. Show all posts

Thursday, June 27, 2013

Guantanamo North: Abolish Secret Certificates and Secret Trials Immediately

Dees Illustration
Isabelle Beenen

How would you feel if one of your friends, family members, children or spouse were thrown into prison, indefinitely, WITHOUT ANY CHARGES here in Canada of all places? Did you know that that goes on here? I’m sorry to burst your bubble if you didn’t, but you need to know that this has been the case in our country since 1979!

After the events of 9/11, the Canadian government rolled in something called ‘Secret’ Certificates and ‘Secret’ Trials which in so-called ‘political’ logic allowed the following UN-constitutional, UN-democratic, racist policy to slip through under our very noses.

Those detained under security certificates are:

Tuesday, June 14, 2011

Top US senator urges Guantanamo for Iraqi suspects

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Gautanamo Bay Camp VI
© AFP/File Virginie Montet
AFP

WASHINGTON (AFP) - The US Senate's top Republican, Mitch McConnell, called Tuesday for two Iraqi nationals facing terrorism charges in his home state to be shipped to the controversial Guantanamo Bay detention facility.

"Get these men out of Kentucky. Send them to Guantanamo where they belong. Get these terrorists out of the civilian system and out of our backyards and give them the justice they deserve," said the Republican minority leader.

Waad Ramadan Alwan and his cousin Mohanad Shareef Hammadi have pleaded not guilty to 23 terrorism charges, but could face a maximum sentence of life imprisonment.

Tuesday, June 7, 2011

Obama Nearly Triples Bagram Detainee Population

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image credit
Justin Elliot
Salon

President Obama has presided over a threefold increase in the number of detainees being held at the controversial military detention center at Bagram Air Base, the Afghan cousin of the notorious prison at the Guantanamo Bay Naval Base in Cuba. It's the latest piece of news that almost certainly would be getting more attention -- especially from Democrats -- if George W. Bush were still president.

There are currently more than 1,700 detainees at Bagram, up from over 600 at the end of the Bush administration.

The situation at Bagram, especially the legal process that determines whether detainees are released, is the subject of a new report by Human Rights First. It finds that the current system of hearings for detainees "falls short of the requirements of international law" because they are not given "an adequate opportunity to defend themselves against charges that they are collaborating with insurgents and present a threat to U.S. forces." Human Rights First also argues that cases of unjustified imprisonment are damaging the broader war effort by undermining Afghans' trust in the military.

I spoke to the author of the report, Daphne Eviatar, a senior associate in the law and security program at Human Rights First who traveled to Bagram to observe the situation first-hand. The following transcript of our conversation has been edited for length and clarity.

Monday, May 23, 2011

Algerian sues US for Guantanamo detention

Algerian Saber Lahmar
© AFP Patrick Bernard
AFP

BORDEAUX, France (AFP) - An Algerian said Monday he was suing US former president George W. Bush in French courts for his detention as a suspected terrorist for eight years in the Guantanamo Bay prison camp.

Saber Lahmar, 42, said he was picked up by US agents in 2001 in Bosnia, where he worked teaching Arabic, and held in the US camp for eight years "like an animal" and released without charge in 2009. He now lives in France.

US authorities accused him of planning to fight against US and coalition forces in Afghanistan.
He told AFP he was tortured in the camp by techniques including sleep deprivation, electric shocks and simulated drowning.

Friday, May 20, 2011

Amnesty, ACLU call for independent probe after eighth Guantanamo detainee death

Wiki Commons
Eric W. Dolan
Raw Story

The American Civil Liberties Union and Amnesty International are calling for an independent investigation into the death of detainees at Guantanamo Bay after the U.S. military reported another death at the detention facility on Wednesday night.

"This latest death highlights the immediate need for a full and independent inquiry into deaths at Guantanamo," Jamil Dakwar, director of the ACLU Human Rights Program, said. "It also underscores the tragic consequences of indefinite detention and unfair trials of detainees."

A 37-year old Afghan detainee died at Guantanamo Bay in an apparent suicide, the U.S. military said in a statement.

The man, identified by one name, Inayatullah, was an admitted planner for Al-Qaeda terrorist operations, according to the Southern Command. He arrived in Guantanamo in September 2007. A spokeswoman for the detention center said he did not have a history of disciplinary problems and was "generally a compliant detainee."

Inayatullah was the eighth person to die at Guantanamo since the U.S. government started transferring prisoners there following the 2001 ouster of the Taliban in Afghanistan.

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Tuesday, April 26, 2011

WikiLeaks highlights 'original sin' of Guantanamo

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© AFP/DPA Karl-Josef Hildenbrand
AFP

WASHINGTON (AFP) - Innocent bystanders locked up for no reason, Al-Qaeda militants released to commit new atrocities: WikiLeaks has poured light on the "original sin" of Guantanamo, activists and experts say.

Documents released by the whistleblowing website show a system riddled with errors and botched assessments that have helped lead floundering efforts to shutter the facility on the southern tip of Cuba into a legal quagmire.

"These documents are remarkable because they show just how questionable the government's basis has been for detaining hundreds of people, in some cases indefinitely, at Guantanamo," the American Civil Liberties Union (ACLU) said.

Monday, April 25, 2011

US knew Guantanamo detainees were innocent: WikiLeaks

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© AFP/File Virginie Montet
AFP

WASHINGTON (AFP) - The United States held hundreds of inmates who were either totally innocent or low-risk for years and released dozens of high-risk Guantanamo inmates, according to leaked classified files.

The new leaks reveal that inmates were held without trial on the basis of often seriously flawed information, such as from mentally ill or otherwise unreliable co-detainees or statements from suspects who had been abused or tortured, The New York Times reported.

In another revelation, a top detainee reportedly claimed that a nuclear bomb has been hidden somewhere in Europe to be detonated if Al-Qaeda chief Osama bin Laden is ever caught or killed.

Tuesday, April 5, 2011

Obama U-turn: US to try 9/11 accused at Guantanamo

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Editor's Note: Thank goodness for the government turning the justice system upside-down for our safety.  "For the sake of the safety and security of the American people, I’m glad the president reconsidered his position on how and where to try these detainees," says Mitch McConnell. 

Eric Holder © AFP Nicholas Kamm
AFP

WASHINGTON (AFP) -  In a major about-face, the Obama administration said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four alleged co-conspirators will be tried by a military tribunal at Guantanamo rather than a civilian court in New York.

Attorney General Eric Holder announced the U-turn, saying that the accused 9/11 plotters could have been successfully prosecuted in a federal court, but blamed Congress for approving restrictions blocking trials of Guantanamo inmates in the United States.

"So today I am referring the cases of Khalid Sheikh Mohammed, Walid Muhammad Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi to the Department of Defense to proceed in military commissions," he said.

Monday, April 4, 2011

Supreme Court rejects Guantanamo appeals

© AFP
AFP

WASHINGTON (AFP) - The US Supreme Court on Monday rejected three appeals by Guantanamo detainees protesting their indefinite detention.

The highest US court did not decide three other appeals, including one filed by ethnic Uighur Chinese Muslims who were arrested in error in Afghanistan in 2001, and are still being held at the US military base at Guantanamo Bay, Cuba.

The three appeals denied had asserted that the inmates' rights to challenge their detention had been violated and maintained that the indefinite detentions violated international rights law.

© AFP -- Published at Activist Post with license

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Wednesday, March 9, 2011

Obama Approves Indefinite Detention Without Trial

Restart of Military Tribunal System Announced

Wiki Commons image
Jason Ditz
AntiWar

President Obama today signed an executive order that will formalize the indefinite extralegal detention of terror suspects without charges as a permanent aspect of American life, while announcing that he intends to use this on detainees “who continue to pose a significant threat to national security” but against whom there is insufficient evidence to actually charge them with any crime.

The move came as the administration also ended a two year halt on new military tribunals at Guantanamo Bay, allowing the administration to avoid actual real courts and instead use stacked military tribunals in those cases where they have at least some evidence and feel comfortable with proceding to something resembling a trial.

But this will likely be the exception rather than the rule, and the administration seems likely to pursue even tribunals unless it is confident of success, and the executive order will allow them to be selective in even attempting to charge detainees, in that it is no longer at all essential to keeping them in prison for the rest of their lives.

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Obama to Lift Freeze on Guantanamo Trials

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Obama to lift freeze on new Guantanamo trials



Guantanamo Bay prison at Camp Delta in Cuba
© AFP/File Paul J. Richards
AFP

WASHINGTON (AFP) - US President Barack Obama said Monday he would lift the two-year freeze on new military trials for Guantanamo Bay terror suspects and issued new guidelines on the treatment of those held indefinitely.

Obama, who has been thwarted in his desire to close the camp in Cuba which he calls a recruiting tool for Al-Qaeda, issued the long-awaited decision after a sweeping review of administration policy.

The White House made clear that despite permitting new trials at the camp, it remained committed to using federal courts to try some suitable suspects and vowed to complete the "difficult challenge" of closing Guantanamo Bay.

"I am announcing several steps that broaden our ability to bring terrorists to justice, provide oversight for our actions and ensure the humane treatment of detainees," Obama said in a statement.


The White House said Defense Secretary Robert Gates would soon issue an order "rescinding his prior suspension on the swearing and referring of new charges in the military commissions."

New military trials at the camp -- which contains top suspects from the September 11 attacks and other strikes against the United States, as well as prisoners from the battlefields of Afghanistan -- have been suspended since January 2009.

Obama also issued guidelines on the treatment of inmates who US authorities deem cannot be tried due to concerns about the admissibility of evidence obtained under duress, or who are are deemed too dangerous to free.

In an executive order, he ruled that among other requirements, detainees would have the right to a periodic review of the reasons for their continued incarceration.

But Obama also reserved the right to try some detainees in federal courts, a process in which he has been blocked by members of Congress opposed to bringing terror suspects to the US mainland for legal proceedings.

Monday's actions represented the Obama administration's latest bid to navigate the thicket of legal problems left over from the previous Bush administration's "war on terror" policies.

In one of his first acts as president in 2009, Obama halted trials at Guantanamo Bay and announced he planned to close the controversial camp within a year.

But he has been thwarted in his ambition by the task of finding a new structure to deal with suspects deemed to be at war with the United States and opposition from friends and foes on Capitol Hill.

The White House said it was allowing the special trials to resume after enacting key reforms, such as a ban on the use of statements taken under "cruel, inhuman or degrading treatment."

It said it has also adopted a better system for handling classified information that made military commissions an "available and important tool in combating international terrorists."

The executive order was designed to ensure that those inmates detained indefinitely without trial are only kept behind bars when it was "lawful and necessary" to do so, the White House said.

Detainees will be given notice of a pending periodic review on their case and receive information on the factors under consideration to determine their fate.

Should it be decided that a detainee no longer poses a threat to the United States, US government agencies will seek to identify a suitable transfer location -- but no detainees will be released on US soil.

In the White House fact sheet, the administration also thanked those countries that have agreed to take inmates at Guantanamo Bay.

"Our friends and allies should know that we remain determined in our efforts and that, with their continued assistance, we intend to complete the difficult challenge of closing Guantanamo," it said.



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Republicans seek tougher Guantanamo rules



© AFP/File Paul J. Richards
AFP

WASHINGTON (AFP) - US President Barack Obama's Republican foes unveiled legislation  to toughen rules on the detention and trials of suspected extremists held at the notorious Guantanamo Bay prison.

The move came one day after Obama by presidential order lifted a ban on new military trials for detainees held at the US naval base in Cuba, apparently conceding the facility he has vowed to close will not be emptied anytime soon.

House Armed Services Committee Chairman Buck McKeon, who led the effort, cited "serious concerns" about Obama's decree that detainees would have the right to a periodic review of the reasons for their continued detention.


The Republican bill would deny detainees access to legal counsel for such reviews, and stipulates that a decision on whether to transfer or release a detainee must be tied to the threat individual is seen to pose to US interests as well as the particular country to which they could be sent.

The measure also permanently forbids the transfer to US soil of all individuals held now or in the future based on the 2001 congressional authorization to use military force against Al-Qaeda and the Taliban.

And it prohibits the transfer or release of those held at Guantanamo Bay or Bagram Air Base in Afghanistan unless the US defense secretary certifies that the host country meets certain security criteria.

It also would bar the transfer or release of detainees to any country where there has been a confirmed case of detainee recidivism unless the defense secretary certifies that the transfer is in the US national security interest.

The Republican plan puts the defense secretary, rather than the US attorney general, in charge of deciding whether to keep a detainee in military custody.

"America needs and deserves a careful and comprehensive plan dealing with law of war detention for terrorists," McKeon said in a statement outlining the legislation.

The proposal would also forbid relatives of detainees from visiting them at Guantanamo, and would block funding for building any facilities on US soil to house Guantanamo detainees.

And where military jurors had to accept a plea of guilty to a capital offense, a judge will now do so, while the jury members will only vote to approve the death sentence at the end of the sentencing phase, officials said.

Veteran US Senator John McCain, the top Republican on the Senate Armed Services Committee, was to unveil companion legislation on Thursday, joined by four fellow Republicans and independent Senator Joe Lieberman.


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Wednesday, February 9, 2011

Guantanamo one of world's 'finest' prison: Rumsfeld



WASHINGTON (AFP) - The "war on terror" prison at the US naval base in Guantanamo Bay, Cuba is "one of the finest prison systems in the world," former defense secretary Donald Rumsfeld said in an interview with Fox News on Tuesday.

Rumsfeld, who is promoting his autobiography titled "Known and Unknown," praised US military personnel that worked at the site in the interview on FOX News Channel’s Hannity show.

Rumsfeld was defense secretary 2001-2006 under former president George W. Bush. He was replaced as defense secretary by Robert Gates.


"The heart-breaking thing with respect to Guantanamo is not that there’s anything wrong with it, it’s one of the finest prison systems in the world," said Rumsfeld.

"What’s awkward is the fact that, for whatever reason, the administration was incapable of persuading people that that was a first-class operation, that they were not torturing people, that they were not hurting people," he said.

Rumsfeld described it as "a fine operation," and said US military personnel working there have "taken a lot of the heat unfairly" and "deserve a lot of credit" for their work.

Rumsfeld was also critical of President Barack Obama's attempt to close the site.

During the 2008 presidential campaign, Obama "was critical of indefinite detention for unlawful combatants. He was critical of military commissions," he said.

"And here we are ... two-plus years later, and all of those things are there. Not because anyone wants them to be there, but because they were the best solutions."

The Guantanamo prison opened in January 2002 to hold prisoners captured in Afghanistan and swept up elsewhere in the US "war on terror."

Upon taking office in January 2009, Obama promised to close the prison in one year, but has not found a place to move the inmates and the US Congress has banned the transfer of Guantanamo detainees to US soil.

There are currently 173 inmates at the Guantanamo prison, of which only three have been convicted after a trial.
© AFP


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Thursday, December 2, 2010

TRUTHOUT EXCLUSIVE: Controversial Drug Given to All Guantanamo Detainees Akin to "Pharmacologic Waterboarding"

image: Jared Rodriguez/Truthout 


Jason Leopold and Jeffrey Kaye
Truthout


The Defense Department forced all "war on terror" detainees at the Guantanamo Bay prison to take a high dosage of a controversial antimalarial drug, mefloquine, an act that an Army public health physician called "pharmacologic waterboarding."

The US military administered the drug despite Pentagon knowledge that mefloquine caused severe neuropsychiatric side effects, including suicidal thoughts, hallucinations and anxiety. The drug was used on the prisoners whether they had malaria or not.

The revelation, which has not been previously reported, was buried in  documents publicly released by the Defense Department (DoD) two years ago as part of the government's  investigation into the June 2006 deaths of three Guantanamo detainees.


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Tuesday, November 30, 2010

AP Exclusive: CIA Whisked Detainees From Gitmo

Matt Apuzzo and Adam Goldman


WASHINGTON (AP) -- Four of the nation's most highly valued terrorist prisoners were secretly moved to Guantanamo Bay, Cuba, in 2003, years earlier than has been disclosed, then whisked back into overseas prisons before the Supreme Court could give them access to lawyers, The Associated Press has learned.

The transfer allowed the U.S. to interrogate the detainees in CIA "black sites" for two more years without allowing them to speak with attorneys or human rights observers or challenge their detention in U.S. courts. Had they remained at the Guantanamo Bay prison for just three more months, they would have been afforded those rights.

"This was all just a shell game to hide detainees from the courts," said Jonathan Hafetz, a Seton Hall University law professor who has represented several detainees.

Removing them from Guantanamo Bay underscores how worried President George W. Bush's administration was that the Supreme Court might lift the veil of secrecy on the detention program. It also shows how insistent the Bush administration was that terrorists must be held outside the U.S. court system.

Years later, the program's legacy continues to complicate President Barack Obama's efforts to prosecute the terrorists behind the Sept. 11, 2001, attacks.

The arrival and speedy departure from Guantanamo were pieced together by the AP using flight records and interviews with current and former U.S. officials and others familiar with the CIA's detention program. All spoke on condition of anonymity to discuss the program.



Top officials at the White House, Justice Department, Pentagon and CIA consulted on the prisoner transfer, which was so secretive that even many people close to the CIA detention program were kept in the dark. 

CIA spokesman George Little said: "The so-called black sites and enhanced interrogation methods, which were administered on the basis of guidance from the Department of Justice, are a thing of the past."

Before dawn on Sept. 24, 2003, a white, unmarked Boeing 737 landed at Guantanamo Bay.

At least four al-Qaida operatives, some of the CIA's biggest captures to date, were aboard: Abu Zubaydah, Abd al-Nashiri, Ramzi Binalshibh and Mustafa al-Hawsawi.


Binalshibh and al-Hawsawi helped plan the 9/11 attacks. Al-Nashiri was the mastermind of the 2000 bombing of the USS Cole. Zubaydah was an al-Qaida travel facilitator. The admitted terrorists had spent months overseas enduring some of the harshest interrogation tactics in U.S. history.

By late summer 2003, the CIA believed the men had revealed their best secrets. The agency needed somewhere to hold them, but no longer needed to conduct prolonged interrogations.

The U.S. naval facility at Guantanamo Bay seemed a good fit. Bush had selected the first six people to face military tribunals there, and a federal appeals court unanimously ruled that detainees could not use U.S. courts to challenge their imprisonment.

And the CIA had just constructed a new facility, which would become known as Strawberry Fields, separate from the main prison at Guantanamo Bay.

The agency's overseas prison network, meanwhile, was in flux. A jail in Thailand known as Cat's Eye closed in December 2002, and in the fall of 2003 the CIA was preparing to shutter its facility in Poland and open a new one in Romania. Human rights investigators and journalists were asking questions. The CIA needed to reshuffle its prisoners.

The prisoner transfer flight, outlined in documents and interviews, visited five CIA prisons in Afghanistan, Poland, Romania, Morocco and Guantanamo Bay. The flight plan was so poorly thought out, some in the CIA derisively compared it to a five-card straight revealing the program to outsiders: Five stops, five secret facilities, all documented.

The flight logs were compiled by European authorities investigating the CIA program.

The flight started in Kabul, where the CIA picked up al-Hawsawi at the secret prison known as the Salt Pit. The Boeing 737 then flew to Szymany, Poland, where a CIA team picked up 9/11 mastermind Khalid Sheikh Mohammed and took him to Bucharest, Romania, to the new prison, code-named Britelite.

Next it was on to Rabat, Morocco, where the Moroccans ran an interrogation facility used by the CIA.

At 8:10 p.m. on Sept. 23, 2003, the Boeing 737 took off from a runway in Rabat. On board were al-Hawsawi, al-Nashiri, Zubaydah and Binalshibh. At 1 a.m. the following day, the plane touched down at Guantanamo.

Unlike the overseas black sites, there was no waterboarding or other harsh interrogation tactics at Strawberry Fields, officials said. It was a holding facility, a place for some of the key figures in the 9/11 attacks to await trial.

Not long after they arrived, things began unraveling. In November, over the administration's objections, the Supreme Court agreed to consider whether Guantanamo Bay detainees could sue in U.S. courts.

The administration had worried for several years that this might happen. In 2001, Justice Department lawyers Patrick Philbin and John Yoo wrote a memo saying courts were unlikely to grant detainees such rights. But if it happened, they warned, prisoners could argue that the U.S. had mistreated them and that the military tribunal system was unlawful.

"There was obviously a fear that everything that had been done to them might come out," said al-Nashiri's lawyer, Nancy Hollander.

Worse for the CIA, if the Supreme Court granted detainees rights, the entire covert program was at risk. Zubaydah and al-Nashiri could tell their lawyers about being waterboarded in Thailand. Al-Nashiri might discuss having a drill and an unloaded gun put to his head at a CIA prison in Poland.

"Anything that could expose these detainees to individuals outside the government was a nonstarter," one U.S. official familiar with the program said, speaking on condition of anonymity to discuss the government's legal analysis.

In early March 2004, as the legal documents piled up at the Supreme Court, the high court announced that oral arguments would be held in June. After that, a ruling could come at any time, and everyone at the island prison - secretly or not - would be covered.

On March 27, just as the sun was setting on Guantanamo, a Gulfstream IV jet left Cuba. The plane landed in Rabat the next morning. By the time the Supreme Court ruled June 28 that detainees should have access to U.S. courts, the CIA had once again scattered Zubaydah, al-Nashiri and the others throughout the black sites.

Two years later, after The Washington Post revealed the existence of the program, Bush emptied the prison network. Fourteen men, including the four who had been at Guantanamo Bay years earlier, were moved to the island prison. They have remained there ever since.

The four men who were making their second journey to Guantanamo Bay received what they nearly obtained years earlier, before they were spirited away.

"The International Committee of the Red Cross is being advised of their detention and will have the opportunity to meet with them," Bush said in a White House speech Sept. 6, 2006. "Those charged with crimes will be given access to attorneys who will help them prepare their defense, and they will be presumed innocent."

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