Guantanamo, Torture & Indefinite Detention
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Who Is Shaker Aamer? Crt Briefing, 9 February 2015
BRITAIN’S LAST GUANTÁNAMO DETAINEE: WHO IS SHAKER AAMER? CRT BRIEFING, 9 FEBRUARY 2015 INTRODUCTION It is UK government policy that Shaker Aamer, the last remaining British resident detained at Guantánamo Bay, be returned. In December 2014, newspaper stories emerged suggesting that this could soon be the case.1 At a meeting in Washington, DC, a month later, President Obama told Prime Minister David Cameron that the US would “prioritise” the case.2 Aamer, who was born in Saudi Arabia, was captured in Afghanistan in November 2001; he was sent to Guantánamo Bay in February 2002. The US government believes him to be a weapons-trained al- Qaeda fighter; Aamer’s supporters claim that he was in Afghanistan to carry out voluntary work for an Islamic charity.3 Aamer is thought to have been cleared for transfer to Saudi Arabia in June 2007 (although, as late as November 2007, Department of Defense documentation recommended that he continue to be 1 ‘Guantanamo to free last UK inmate’, The Sunday Times, 28 December 2014, available at: http://www.thesundaytimes.co.uk/sto/news/uk_news/National/article1500831.ece?CMP=OTH-gnws-standard-2014_12_27, last visited: 29 January 2015; see also: ‘Last British inmate at Guantanamo set to be freed in the new year in fresh push by Obama to empty prison’, Daily Mail, 28 December 2014, available at: http://www.dailymail.co.uk/news/article-2888964/Last-British- inmate-Guantanamo-set-freed-new-year-fresh-push-Obama-prison.html, last visited: 29 January 2015. 2 ‘Barack Obama to “prioritise” case of Guantánamo detainee Shaker Aamer’, The Guardian, 16 January 2015, available at: http://www.theguardian.com/us-news/2015/jan/16/shaker-aamer-guantanamo-bay-prioritise-obama-case, last visited: 29 January 2015. -
Unclassified//For Public Release Unclassified//For Public Release
UNCLASSIFIED//FOR PUBLIC RELEASE --SESR-Efll-N0F0RN- Final Dispositions as of January 22, 2010 Guantanamo Review Dispositions Country ISN Name Decision of Origin AF 4 Abdul Haq Wasiq Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 6 Mullah Norullah Noori Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 7 Mullah Mohammed Fazl Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 560 Haji Wali Muhammed Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee's transfer to a detention facility in the United States. AF 579 Khairullah Said Wali Khairkhwa Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 753 Abdul Sahir Referred for prosecution. AF 762 Obaidullah Referred for prosecution. AF 782 Awai Gui Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 832 Mohammad Nabi Omari Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 850 Mohammed Hashim Transfer to a country outside the United States that will implement appropriate security measures. AF 899 Shawali Khan Transfer to • subject to appropriate security measures. -
Yearbook of International Humanitarian Law — Volume 18, 2015 Correspondents’ Reports
YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW — VOLUME 18, 2015 CORRESPONDENTS’ REPORTS 1 UNITED STATES OF AMERICA Contents Overview – United States Enforcement of International Humanitarian Law ............................ 1 Cases – United States Federal Court .......................................................................................... 3 Cases – United States Military Courts – Court of Appeals for the Armed Forces (CAAF) ...... 4 Cases — United States Military Courts – United States Army ................................................. 4 Cases — United States Military Courts – United States Marine Corps .................................... 5 Issues — United States Department of Defense ........................................................................ 6 Issues — United States Army .................................................................................................... 8 Issues —United States Navy .................................................................................................... 11 Issues — United States Marine Corps ..................................................................................... 12 Overview – United States Detention Practice .......................................................................... 12 Detainee Challenges – United States District Court ................................................................ 13 US Military Commission Appeals ........................................................................................... 16 Court of Appeals for the -
The FCO's Human Rights Work in 2012
House of Commons Foreign Affairs Committee The FCO’s human rights work in 2012 Fourth Report of Session 2013–14 Volume II Additional written evidence Ordered by the House of Commons to be published 8 October 2013 Published on 17 October 2013 by authority of the House of Commons London: The Stationery Office Limited The Foreign Affairs Committee The Foreign Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Foreign and Commonwealth Office and its associated agencies. Current membership Richard Ottaway (Conservative, Croydon South) (Chair) Mr John Baron (Conservative, Basildon and Billericay) Rt Hon Sir Menzies Campbell (Liberal Democrat, North East Fife) Rt Hon Ann Clwyd (Labour, Cynon Valley) Mike Gapes (Labour/Co-op, Ilford South) Mark Hendrick (Labour/Co-op, Preston) Sandra Osborne (Ayr, Carrick and Cumnock) Andrew Rosindell (Conservative, Romford) Mr Frank Roy (Labour, Motherwell and Wishaw) Rt Hon Sir John Stanley (Conservative, Tonbridge and Malling) Rory Stewart (Conservative, Penrith and The Border) The following Members were also members of the Committee during the parliament: Rt Hon Bob Ainsworth (Labour, Coventry North East) Emma Reynolds (Labour, Wolverhampton North East) Mr Dave Watts (Labour, St Helens North) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including news items) are on the internet at www.parliament.uk/facom. -
El Viaje De La Muerte”1
Informe de la ONG británica Reprieve que sacó del anonimato muchas historias de presos de Guantánamo y cómo EEUU los compró “El viaje de la muerte”1 Más de 700 prisioneros fueron enviados ilegalmente a Guantánamo con la ayuda de Portugal Reprieve, 28 de enero de 2008 Traducido del inglés para Rebelión por Germán Leyens La organización británica Reprieve muestra de modo concluyente que territorio y espacio aéreo portugueses han sido utilizados para transferir a más de 700 prisioneros para ser torturados y encarcelados ilegalmente en Guantánamo. Mediante la comparación de registros de vuelo obtenidos de las autoridades portuguesas,2información del Departamento de Defensa de EE.UU. mostrando fechas de llegada de prisioneros a Guantánamo, y testimonios no confidenciales de los propios prisioneros, 3 Reprieve puede identificar por primera vez a 728 prisioneros enviados a Guantánamo pasando por la jurisdicción portuguesa. La investigación también muestra que Portugal ha jugado un papel sustancial de apoyo en el programa general de entregas [‘extraordinarias’]. Por lo menos nueve prisioneros transportados pasando por la jurisdicción portuguesa fueron severamente torturados en prisiones secretas en todo el mundo antes de su llegada a Guantánamo.4 Vuelos de entregas de prisioneros a Guantánamo pasando por jurisdicción 1 Definición de Adil Zamil, prisionero transportado en el Vuelo RCH108Y que pasó por jurisdicción portuguesa hacia Guantánamo: “Llamo el viaje a Guantánamo ‘El viaje de la muerte.’ Discretamente estuve deseando que el avión se cayera para terminar con el dolor que sentía.” Fuente: “Kuwaiti Gitmo Detainees Speak Out about Abuse” [Detenidos en Guantánamo hablan del abuso], de Rania El Gamal, Kuwait Times, 1 de diciembre de 2006 2 Registros de vuelo obtenidos por Ana Gomes, miembro del Parlamento Europeo, en 2006 revelan que aviones cruzaron en por lo menos 94 ocasiones el espacio aéreo portugués en camino a, o desde, Guantánamo entre 2002 y 2006. -
Human Rights and Democracy: the 2014 Foreign & Hrdreport.Fco.Gov.Uk Commonwealth Office Report
Human Rights and Democracy: The 2014 Foreign & hrdreport.fco.gov.uk Commonwealth Office Report Human Rights and Democracy: The 2014 Foreign & Commonwealth Office Report 1 Human Rights and Democracy: The 2014 Foreign & Commonwealth Office Report Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty March 2015 Cm 9027 2 Human Rights and Democracy: The 2014 Foreign & Commonwealth Office Report © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Communications Team, Human Rights and Democracy Department, Room WH.1.203, Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH Print ISBN 9781474114875 Web ISBN 9781474114882 ID P002702621 03/15 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office Cover: Iraqi Yezidis flee to surrounding mountains across the border into Turkey Photo: Huseyin Bagis/Anadolu Agency/Getty Images Contents 3 Contents Executive Summary ..................................................................................... 8 Foreword by Foreign Secretary Philip Hammond .......................................10 Foreword by Minister for Human Rights Baroness Anelay .........................12 CHAPTER I: Protecting Civil Society Space and Human Rights Defenders ..15 The Current State of Civil Society Space ................................................................................ -
Petitioner Shaker Aamer Respectfully Files This Emergency Motion to Lift
Case 1:04-cv-02215-RMC Document 58 Filed 09/26/2006 Page 1 of 17 PREVIOUSLY PROVIDED TO CSO AND CLEARED FOR PUBLIC FILING IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SHAKER AAMER, ) ) Petitioner/Plaintiff, ) ) v. ) Civ. No. 04-cv-2215 (RMC) ) GEORGE W. BUSH, et al., ) ) Respondents/Defendants. ) __________________________________________) MOTION TO LIFT STAY AND FOR PRELIMINARY INJUNCTION ENFORCING GENEVA CONVENTIONS Petitioner Shaker Aamer respectfully files this motion to lift the stay in this case and enter a preliminary injunction enforcing the Geneva Conventions.1 Mr. Aamer has been held in complete isolation for the past 360 days. Guards have beaten Mr. Aamer, deprived him of sleep, subjected him to temperature extremes and cut off ventilation in his cell. He has not had any contact with any fellow prisoners for months. He has not seen the sun for many weeks. He is not being treated humanely. This is a clear violation of Common Article Three of the Geneva Conventions. Mr. Aamer must be removed from isolation. Counsel has now had information about Mr. Aamer declassified, immediately brought it to the attention of the Guantánamo authorities in writing without response, and thus is bringing this motion urgently. In the interim, Counsel raised the matter on two occasions with base personnel. Yet, when Counsel for Mr. Aamer visited Guantánamo Bay on September 12, Mr. 1 Petitioner believes the stay should be lifted entirely in this case. However, at minimum, the Court should lift the stay for the limited purpose of ordering the requested injunction. 1 Case 1:04-cv-02215-RMC Document 58 Filed 09/26/2006 Page 2 of 17 PREVIOUSLY PROVIDED TO CSO AND CLEARED FOR PUBLIC FILING Aamer was apparently still living in the same isolated cell in Camp Echo; unfortunately, counsel was not able to meet with Mr. -
Transcript of the Spoken Word, Rather Than Written Prose
THE GUANTÁNAMO BAY ORAL HISTORY PROJECT The Reminiscences of Asim Qureshi Columbia Center for Oral History Columbia University 2011 PREFACE The following oral history is the result of a recorded interview with Asim Qureshi conducted by Ronald J. Grele and Kanishk Tharoor on May 30, 2011. This interview is part of the Guantánamo Bay Oral History Project. The reader is asked to bear in mind that s/he is reading a verbatim transcript of the spoken word, rather than written prose. 3PM Session One Interviewee: Asim Qureshi Location: London, United Kingdom Interviewer: Ronald J. Grele and Kanishk Tharoor Date: May 30, 2011 Qureshi: Who is leading the questions? Q: As I said, for the first part, we want to ask you about your early life. Who are you? Where are you from? Maybe not back to five years old, but around there, if you could tell us a bit about yourself. Qureshi: My name is Asim Qureshi. I am the Executive Director of Cageprisoners. In terms of my background, it depends on how far you want me to go back. I originally come from a Pakistani background. Both my parents are Pakistani. My dad was from a city called Faisalabad, what during colonialism was known as Lyallpur, after the colonialists. My mother was from one of the major cities, Lahore. My dad came here somewhere in the 1970s along with the rest of his family. The whole of my dad's side of the family have lived in the UK [United Kingdom] for many years. They are first generation immigrants. -
I Would Like to Join Amnesty International. Copyright, but May Be Reproduced by Any Method Without Fee for Advocacy, Please Send Me Details
Close Guantánamo symbol of injustice undreds of men of many different nationalities have national security. Access to lawyers is perceived as Hbeen transported to the USA’s offshore prison camp detrimental to the interrogation process. Access to the at Guantánamo Bay, Cuba. At every stage of their ordeal, courts is seen as disruptive of military operations. their dignity, humanity and Arbitrary detention has been the result. “The United States Government will work to fundamental rights have advance human dignity in word and deed, been denied. Five years on, hundreds of men are still held in Guantánamo. None has been tried. None has appeared speaking out for freedom and against The first detainees were in court. All, in Amnesty International’s opinion, are violations of human rights.” flown from Afghanistan to unlawfully detained. Many have been tortured or ill- National Security Strategy of the USA, March 2002 Guantánamo in January 2002 treated, whether in Afghanistan or elsewhere prior to – hooded, shackled and tied their transfer to Guantánamo, or during their transfer, or down like cargo. They were the first of more than 750 as part of the interrogation process in the base, or just people of some 45 nationalities who would be taken to through the harshness of the Guantánamo regime – the base in this way, among them children as young as 13. isolating, indefinite and punitive. By association, their They have included people who were simply in the wrong families too have suffered the cruelty of this virtually place at the wrong time, dozens of whom were handed incommunicado island incarceration. -
Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage
Volume 60 Issue 3 Article 5 11-1-2015 Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage Joseph Pugliese Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the National Security Law Commons Recommended Citation Joseph Pugliese, Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage, 60 Vill. L. Rev. 573 (2015). Available at: https://digitalcommons.law.villanova.edu/vlr/vol60/iss3/5 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. \\jciprod01\productn\V\VLR\60-3\VLR305.txt unknown Seq: 1 15-OCT-15 8:57 2015] Pugliese: Transcendence in the Animal: Guantanamo's Regime of Indefinite De TRANSCENDENCE IN THE ANIMAL: GUANTANAMO’S´ REGIME OF INDEFINITE DETENTION AND THE OPEN IN THE CAGE JOSEPH PUGLIESE* N the closing pages of an essay in which Penny Pether tracks her unwa- Ivering “pursuit of the unspeakable,” she abruptly shifts location from Australia to Charlottesville, Virginia. Visiting Thomas Jefferson’s house, Monticello, she describes a scene that continues to haunt her: Monticello itself is dwarfed by the vast underground warren of rooms where slaves worked to keep the house going, its domestic beauty seeming like a lovely poisoned fungus feeding on hidden corruption. The enslaved -
The President and the Detainees
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2017 University of Pennsylvania Law Review VOL. 165 FEBRUARY 2017 NO. 3 ARTICLE THE PRESIDENT AND THE DETAINEES AZIZ Z. HUQ† Entering the White House in 2009, President Barack Obama committed to closing the military detention facility at Guantánamo Bay in Cuba. Eight years later, the facility remains open. This Article uses the puzzle of why Obama’s goal proved so recalcitrant † Frank and Bernice J. Greenberg Professor of Law, University of Chicago. I am indebted to Ruixi Mao, Charles Zhang, Morgan Miller, and Dan Marcin—former and present research professionals at the Coase-Sandor Institute for Law and Economics—for their extensive help with preparing and analyzing data for this Article; Joey Burton, the Institute’s former director, graciously enabled their assistance. Several research assistants also did invaluable work. I am especially grateful to Steve Donohue for his extensive work hand-coding documents. Melissa Wu, Caitlin Foley, Sam Geloso, Paxton Williams, and Cecilia Wang also did terrific work. I received valuable comments on this project from Adam Cox, David Cole, Adam Chilton, Ben Grunwald, Jonathan Hafetz, Rebecca Ingbar, Jonathan P. Jackson, Andrew Kent, Anne Joseph O’Connell, Cian Murphy, David Pozen, Eric Posner, Daphna Renan, Daniel Richman, Stephen Schulhofer, and Matt Waxman. Workshop participants at King’s College London, Chicago-Kent College of Law, Columbia Law School, the University of Chicago Law School, and the 2015 Conference on Empirical Legal Studies all provided insightful comments. Finally, I am very grateful to Brian Ruocco and other editors at the University of Pennsylvania Law Review for their careful and painstaking work on this Article. -
International Human Rights
The Year in Review Volume 50 International Legal Developments Year in Review: 2015 Article 32 January 2016 International Human Rights Noor Ahmad Honorable Del Atwood Jeffrey L. Bleich Cindy Galway Buys Nicholas J. Leddy Follow this and additional works at: https://scholar.smu.edu/yearinreview Part of the Human Rights Law Commons, International Humanitarian Law Commons, and the International Law Commons Recommended Citation Noor Ahmad et al., International Human Rights, 50 ABA/SIL YIR 471 (2016) https://scholar.smu.edu/yearinreview/vol50/iss1/32 This Public International Law is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in The Year in Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Ahmad et al.: International Human Rights THE YEAR IN REVIEW AN ANNUAL PUBLICATION OF THE ABA/SECTION OF INTERNATIONAL LAW International Human Rights NoOR AHMAD, HON. DEL ATWOOD, JEFFREY L. BLEICH, PROF. CINDY GALWAY Buys, AND NICHOLAS J. LEDDY* This section analyzes key developments in the field of international human rights in 2015, including the Guantinamo Bay detention facility, the International Criminal Court (ICC), and the Iran nuclear deal, as well as case law on religious freedom in Canada and discrimination on the basis of race and national origin in the United States. I. Developments at the Guantanamo Bay Detention Facility' President Obama continued his efforts to reduce the detainee population at the Guantinamo Bay, Cuba detention facility during 2015, with the long-term goal of closing the facility during his presidency.