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Conspiracy to Commit Poetry: Empathetic Lawyering at Guantanamo Bay
Seattle Journal for Social Justice Volume 6 Issue 1 Fall/Winter 2007 Article 22 November 2007 Conspiracy to Commit Poetry: Empathetic Lawyering at Guantanamo Bay Marc Falkoff Follow this and additional works at: https://digitalcommons.law.seattleu.edu/sjsj Recommended Citation Falkoff, Marc (2007) "Conspiracy to Commit Poetry: Empathetic Lawyering at Guantanamo Bay," Seattle Journal for Social Justice: Vol. 6 : Iss. 1 , Article 22. Available at: https://digitalcommons.law.seattleu.edu/sjsj/vol6/iss1/22 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Seattle Journal for Social Justice by an authorized editor of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. 3 Conspiracy to Commit Poetry: Empathetic Lawyering at Guantánamo Bay Marc D. Falkoff1 The idea to publish a volume of detainee poetry came to me, oddly enough, while I was reading a book of poems written by a U.S. infantry team leader during his stint in the Iraq War. As I paged through Brian Turner’s Here, Bullet, I was struck by how the soldier-poet opened himself to the strangeness of the Mesopotamian war zone, shoring fragments from the battlefield to build poems of terrible stillness and beauty. In “In the Leupold Scope,” for example, Turner imagines a soldier on a rooftop, peering through a spotting scope and witnessing an Iraqi woman hanging laundry from a clothesline: She is dressing the dead, clothing them as they wait in silence, the pigeons circling as fumestacks billow a noxious black smoke. -
CCR Annual Report 2010
Annual Report 2010 Resettlement U.N. Advocacy Supreme Court GTMO Client Legal Advocacy Legal Advocacy Delegation CCR Client Legal Advocacy Both Our Mission The Center for Constitutional Rights is a non-profit legal and educational organization dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is committed to the creative use of law as a positive force for social change. CCR Annual Report 2010 Letter from the President 2 Letter from the Executive Director 3 Material Support 4 Guantánamo 6 International Human Rights 8 Policing and Prisons 14 Immigrant Justice 16 Employment Discrimination 18 Right to Dissent 20 Movement Support 22 CCR Media 24 Letter from the Legal Director 26 Case Index 27 Friends and Allies 37 2010 President’s Reception 42 CCR Donors 43 Board of Directors and Staff 56 Financial Report 58 In Memoriam 59 Rhonda Copelon Remembered 60 Letter from the President I look back on this last year at CCR with As our Guantánamo work begins to wind amazement. For those of us with progressive down, we have built up our involvement in politics and who believe in social justice, we other important areas. A good example is our are not in the best of times. Justice and equal- racial and economic justice docket which has ity have paid a high cost for years and years expanded significantly this year. In addition of conservative and moderate to our ongoing work fighting racial appointments to the courts and an profiling and employment discrimina- irresponsible “war-time” deference to tion and in defending the right to the executive branch. -
The Ethics of Intelligence Collection Ross W. Bellaby
What’s the Harm? The Ethics of Intelligence Collection Ross W. Bellaby Thesis submitted in fulfilment of the requirements for the degree of PhD Department of International Politics Aberystwyth University June 13th, 2011 DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed ...................................................................... (Ross W. Bellaby) Date ........................................................................ STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Where *correction services have been used, the extent and nature of the correction is clearly marked in a footnote(s). Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed ..................................................................... (Ross W. Bellaby) Date ........................................................................ [*this refers to the extent to which the text has been corrected by others] STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter- library loan, and for the title and summary to be made available to outside organisations. Signed ..................................................................... (Ross W. Bellaby) Date ........................................................................ I hereby give consent for my thesis, if accepted, to be available for photocopying -
UNITED STATES DISTRICT COURT for the DISTRICT of COLUMBIA ______SHAFIQ RASUL, SKINA BIBI, As Next Friend of Shafiq Rasul, Et Al., Petitioners
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________ SHAFIQ RASUL, SKINA BIBI, as Next Friend of Shafiq Rasul, et al., Petitioners, v. GEORGE WALKER BUSH, President of the United States, et al., Respondents. ________________________ ________________________ FAWZI KHALID ABDULLAH FAHAD AL ODAH, et al., Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants ________________________ Civil No. 02-299 (CKK), Civil No. 02-828 (CKK) MEMORANDUM OPINION (July 30, 2002) I. INTRODUCTION Presently before the Court are two cases involving the federal government's detention of certain individuals at the United States Naval Base at Guantanamo Bay, Cuba. The question presented to the Court by these two cases is whether aliens held outside the sovereign territory of the United States can use the courts of the United States to pursue claims brought under the United States Constitution. The Court answers that question in the negative and finds that it is without jurisdiction to consider the merits of these two cases. Additionally, as the Court finds that no court would have jurisdiction to hear these actions, the Court shall dismiss both suits with prejudice. Throughout their pleadings and at oral argument, Petitioners and Plaintiffs contend that unless the Court assumes jurisdiction over their suits, they will be left without any rights and thereby be held incommunicado. In response to this admittedly serious concern, the government at oral argument, conceded that "there's a body of international law that governs the rights of people who are seized during the course of combative activities." Transcript of Motion Hearing, June 26, 2002 ("Tr.") at 92. -
SUPREME COURT~2009-08-24 Plaintiffs' Cert Petition.Pdf
No. __________ In The Supreme Court of the United States -------------------------- ♦-------------------------- SHAFIQ RASUL, et al., Petitioners, v. RICHARD MYERS, Air Force General, et al., Respondents. -------------------------- ♦ -------------------------- ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------- ♦ -------------------------- PETITION FOR WRIT OF CERTIORARI WITH APPENDIX -------------------------- ♦ -------------------------- \ Michael Ratner Eric L. Lewis Shayana Kadidal Counsel of Record CENTER FOR BAACH ROBINSON & CONSTITUTIONAL RIGHTS LEWIS PLLC 666 Broadway, 7th Floor 1201 F Street, N.W., Suite 500 New York, New York 10012 Washington, D.C. 20004 (212) 614-6438 (202) 833-8900 Counsels for Petitioners Dated: August 24, 2009 THE LEX GROUPDC ♦ 1750 K Street N.W. ♦ Suite 475 ♦ Washington, DC 20006 (202) 955-0001 ♦ (800) 815-3791 ♦ Fax: (202) 955-0022 ♦www.thelexgroupdc.com i QUESTIONS PRESENTED 1. Whether the Court of Appeals erred in failing to reach the question of whether detainees at Guantánamo have the constitutional right not to be tortured in light of this Court’s vacatur, on the basis of its decision in Boumediene v. Bush, of the Court of Appeals’ previous decision in this case that detainees have no constitutional rights? 2. Whether the Court of Appeals erred in holding that petitioners’ claim for religious abuse and humiliation at Guantánamo was not actionable under the Religious Freedom Restoration Act, 42 U.S.C. §2000bb, et seq., because they are not “persons”? 3. Whether the Court of Appeals erred in holding that respondents are entitled to qualified immunity because petitioners’ right not to be tortured was not “clearly established” at the time of their detention? ii PARTIES TO THE PROCEEDING 1. -
Download Thepdf
Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review.................................................................................. -
Guantánamo and Illegal Detentions the Center for Constitutional Rights
Guantánamo and Illegal Detentions The Center for Constitutional Rights The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. CCR uses litigation proactively to empower poor communities and communities of color; to guarantee the rights of those with the fewest protections and least access to legal resources; and to train the next generation of civil and human rights attorneys. Formed in order to work hand in hand with people’s movements, CCR has lent its expertise and support to a wide range of movements for social justice. We are dedicated to defending the right to political dissent, combating the mass incarceration of both citizens and immigrants, and fighting government abuse of power. We strive to complete the unfinished civil rights movement through targeting racial profiling and other modern-day manifestations of racial and economic oppression and through combating discrimination that is based on gender or sexuality. For decades, CCR has pushed U.S. courts to recognize international human rights and humanitarian protections – and we have had groundbreaking victories that established the principle of universal jurisdiction in this country and extended human rights standards to abuses committed by corporations and other non-government groups. Rescue the Constitution: Restore Habeas Corpus The ancient right of habeas corpus requires that anyone who is arrested must be brought before a judge, charged with a crime and have evidence brought forward against them. -
Sonic, Infrasonic, and Ultrasonic Frequencies
SONIC, INFRASONIC, AND ULTRASONIC FREQUENCIES: The Utilisation of Waveforms as Weapons, Apparatus for Psychological Manipulation, and as Instruments of Physiological Influence by Industrial, Entertainment, and Military Organisations. TOBY HEYS A thesis submitted in partial fulfilment of the requirements of Liverpool John Moores University for the degree of Doctor of Philosophy March 2011 1 ABSTRACT This study is a trans-disciplinary and trans-historical investigation into civilian and battlefield contexts in which speaker systems have been utilised by the military-industrial and military-entertainment complexes to apply pressure to mass social groupings and the individuated body. Drawing on authors such as historian/sociologist Michel Foucault, economist Jacques Attali, philosopher Michel Serres, political geographer/urban planner Edward Soja, musician/sonic theorist Steve Goodman, and cultural theorist/urbanist Paul Virilio, this study engages a wide range of texts to orchestrate its arguments. Conducting new strains of viral theory that resonate with architectural, neurological, and political significance, this research provides new and original analysis about the composition of waveformed geography. Ultimately, this study listens to the ways in which the past and current utilisation of sonic, infrasonic, and ultrasonic frequencies as weapons, apparatus for psychological manipulation, and instruments of physiological influence, by industrial, civilian, entertainment, and military organisations, predict future techniques of socio spatialised organisation. In chapter one it is argued that since the inception of wired radio speaker systems into U.S. industrial factories in 1922, the development of sonic strategies based primarily on the scoring of architectonic spatiality, cycles of repetition, and the enveloping dynamics of surround sound can be traced to the sonic torture occurring in Guantanamo Bay during the first decade of the twenty-first century. -
Closing Gitmo Due to the Epiphany Approach to Habeas Corpus During the Military Commission Circus
50-1, BEJESKY, ME FORMAT.DOC 2/19/2014 7:36 PM CLOSING GITMO DUE TO THE EPIPHANY APPROACH TO HABEAS CORPUS DURING THE MILITARY COMMISSION CIRCUS ROBERT BEJESKY* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 44 II. DETENTION IN AFGHANISTAN ........................................................ 47 III. GUANTÁNAMO BAY ..................................................................... 53 A. Advantages of Moving Detainees to Guantánamo Bay ..... 53 B. Standard for Detention and Guilt ....................................... 55 1. “Suspected” Terrorists ................................................. 55 2. The Identity of Detainees and the Right to Detain ...... 57 C. Harsh Treatment ................................................................ 60 1. Interrogations and Human Rights Abuses ................... 60 2. Lack of Evidence of Guilt and No Legal Recourse ..... 66 IV. MILITARY TRIBUNALS & SUPREME COURT DECISIONS ................ 68 A. An Obscure System ........................................................... 68 B. Combatant Status ............................................................... 71 C. Due Process Under U.S. and International Law ................ 74 D. Due Process Afforded at Guantánamo .............................. 76 E. Procedures Applicable to U.S. Citizens ............................. 79 1. Three American Detainees .......................................... 79 2. Noncitizen Detainees ................................................... 81 -
Press Release
PRESS RELEASE March 27, 2006 Look Who's Coming: James Yee Ellen Sung, Staff Writer Capt. James Yee was a West Point graduate and one of the first Muslim chaplains in the Army when he was assigned to Guantanamo Naval Base. It was a year after the Sept. 11 terror attacks, and Yee explained the basics of Islam to thousands of new personnel, informally ministered to prisoners and helped ease tensions over treatment of the Koran at the military prison. His reviews were stellar. On Sept. 8, 2003, supervisors wrote that his work was "truly exemplary in every measure." Two days later, he was arrested on suspicion of spying for al-Qaeda. Yee spent more than two months in solitary confinement before he was released. Military prosecutors never found enough evidence for spying charges, and Yee eventually was cleared on lesser allegations, too. In 2005, he received an honorable discharge from the Army, but he knew that his professional reputation would always be shadowed by doubt. Yee, who visits Durham on Thursday, spoke by phone recently to staff writer Ellen Sung. Q - I'm curious about your impressions of Guantanamo, a place most of us will never see. A - I had authorized unaccompanied access to these prison cell blocks, so I was in a very unique position to really interact with the prisoners on a very personal level and really get to know who these people are. First and foremost, we have to understand they are human beings, and they should be treated as such. Every one of these people, all of whom are of the Muslim faith, are also fathers, brothers, sons. -
Guantánamo and Its Aftermath
Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees November 2008 Human Rights Center International Human Rights Law Clinic In partnership with University of California, Berkeley University of California, Berkeley Center for Constitutional Rights Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees Laurel E. Fletcher Eric Stover with Stephen Paul Smith Alexa Koenig Zulaikha Aziz Alexis Kelly Sarah Staveteig Nobuko Mizoguchi November 2008 Human Rights Center University of California, Berkeley International Human Rights Law Clinic University of California, Berkeley, School of Law In partnership with Center for Constitutional Rights ISBN# 978-0-9760677-3-3 Human Rights Center and International Human Rights Law Clinic, University of California, Berkeley Cover photos: Louie Palu/ZUMA Design: Melanie Doherty Design, San Francisco Human Rights Center, University of California, Berkeley The Human Rights Center promotes human rights and international justice worldwide and trains the next generation of human rights researchers and advocates. We believe that sustainable peace and devel- opment can be achieved only through efforts to prevent human rights abuses and hold those responsible for such crimes accountable. We use empirical research methods to investigate and expose serious viola- tions of human rights and international humanitarian law. In our studies and reports, we recommend specific policy measures that should be taken by governments and international organizations to protect vulnerable populations in times of war and political and social upheaval. For more information, please visit hrc.berkeley.edu. International Human Rights Law Clinic, University of California, Berkeley, School of Law The International Human Rights Law Clinic (IHRLC) designs and implements innovative human rights projects to advance the struggle for justice on behalf of individuals and marginalized communities through advocacy, research, and policy development. -
Fabricating Terrorism British Complicity in Renditions and Torture TABLE of CONTENTS
Fabricating Terrorism British Complicity in Renditions and Torture TABLE OF CONTENTS FOREWORD by Geoffrey Bindman....................................................................................................................3 INTRODUCTION ..................................................................................................................................................4 British Complicity in Rendition and Torture Overview....................................................................................7 PART ONE - RENDITIONS ....................................................................................................................................10 1. Definitions........................................................................................................................................................10 2. The responsibilities of British authorities........................................................................................................14 3. Case studies ..................................................................................................................................................21 Case 1 - Binyam Mohammed Al Habashi ......................................................................................................21 Case 2 - Jamal Al Harith ..................................................................................................................................24 Case 3 - Jamil El Banna and Bisher Al Rawi ..................................................................................................26