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To the Honorable Members of the Inter-American Commission on Human Rights, Organization of American States
TO THE HONORABLE MEMBERS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, ORGANIZATION OF AMERICAN STATES ______________________________________________________________ PETITION ALLEGING VIOLATIONS OF THE HUMAN RIGHTS OF KHALED EL-MASRI BY THE UNITED STATES OF AMERICA WITH A REQUEST FOR AN INVESTIGATION AND HEARING ON THE MERITS By the undersigned, appearing as counsel for petitioner under the provisions of Article 23 of the Commission’s Regulations __________________________ Steven Macpherson Watt Jamil Dakwar Jennifer Turner Melissa Goodman Ben Wizner Human Rights & ٭ National Security Programs American Civil Liberties Union 125 Broad Street, 18th Floor New York, NY, 10004 Ph: (212) 519-7870 ,Counsel gratefully acknowledges the assistance of Kristen Bailey, LL.M. student ٭ New York University Law School, in compiling this petition. Submitted: April 9, 2008 INTRODUCTION This petition is brought against the United States of America for violating the rights of Khaled El-Masri, a German citizen and victim of the U.S. “extraordinary rendition” program. In December 2003, while on vacation in Macedonia, Mr. El-Masri was apprehended and detained by agents of the Macedonian intelligence services. While in their custody, Mr. El-Masri was harshly interrogated. His repeated requests to meet with a lawyer, family members, and a consular representative were denied. After twenty-three days of such treatment, Mr. El-Masri was handed over to the exclusive “authority and control” of agents of the U.S. Central Intelligence Agency. These agents beat, stripped, and drugged Mr. El-Masri before loading him onto a plane and flying him to a secret CIA- run prison in Afghanistan. There, Mr. El-Masri was detained incommunicado for more than four months. -
Day Two of Military Judge Questioning 9/11 Accused About Self-Representation
Public amnesty international USA Guantánamo: Day two of military judge questioning 9/11 accused about self-representation 11 July 2008 AI Index: AMR 51/077/2008 On 10 July 2008, military commission judge US Marine Colonel Ralph Kohlmann held further proceedings to question the men accused of orchestrating the attacks of 11 September 2001 about their decision to represent themselves at their forthcoming death penalty trial in the US Naval Base in Guantánamo Bay, Cuba. Amnesty International had an observer at the proceedings. The primary purpose of the hearings was to inquire of each of the accused individually about whether they had been intimidated before or during their arraignment on 5 June 2008 into making a choice to represent themselves, or whether this decision had been made knowingly and voluntarily. Judge Kohlmann had questioned two of the accused, ‘Ali ‘Abd al-‘Aziz ‘Ali (‘Ammar al Baluchi) and Mustafa al Hawsawi at individual sessions held on 9 July (see http://www.amnesty.org/en/library/info/AMR51/076/2008/en). He had scheduled sessions for the other three men, Khalid Sheikh Mohammed, Walid bin Attash and Ramzi bin al-Shibh on 10 July. In the event, Ramzi bin al-Shibh refused to come to his session. It seems unlikely that the military judge will question him again on the matter of legal representation until the issue of Ramzi bin al-Shibh’s mental competency is addressed at a hearing scheduled to take place next month (see http://www.amnesty.org/en/library/info/AMR51/074/2008/en). Both Khalid Sheikh Mohammed and Walid bin Attash denied that they had been intimidated or that any intimidation had taken place. -
Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
Observer Dispatch by Mary Ann Walker
Interrogating the Interrogator at Guantánamo Bay GTMO OBSERVER PROGRAM FEBRUARY 5, 2020 By: Mary Ann Walker As part of the Pacific Council’s Guantánamo Bay Observer Program, I traveled to Guantánamo Bay, Cuba, in January 2020 to attend the 9/11 military pre-trial hearing of alleged plotter and mastermind Khalid Sheik Mohammad and four others charged with assisting in the 9/11 attacks: Walid bin Attash, Ramzi bin al-Shibh, Ali Abdul Aziz Ali, and Mustafa al-Hawsawi. Pretrial hearings have been ongoing in Guantánamo Bay since 2008. The trial itself is scheduled to begin in January 2021, nearly 20 years after the 9/11 attacks. I was among 13 NGO observers from numerous organizations. Media outlets including Al Jazeera, The Guardian, the Los Angeles Times, and The New York Times were also present in order to cover this historic hearing along with many family members of the 9/11 victims. It was an eye-opening experience to be an observer. Defense attorney for Ali Abdul Aziz Ali, James Connell, met with the NGOs and media the evening we arrived on January 18. He explained the current status of pretrial hearings and what we could expect in the days to come. Chief Defense Counsel General John Baker met with the NGOs on Martin Luther King, Jr., Day to give background on the upcoming trial and military commissions. At the start of the meeting, Baker commended Pacific Council on International Policy for its excellent work on the three amendments to the FY2018 defense bill allowing for transparent and fair military commission trials in Guantánamo Bay, which includes the broadcast of the trials via the internet. -
Open Hearing: Nomination of Gina Haspel to Be the Director of the Central Intelligence Agency
S. HRG. 115–302 OPEN HEARING: NOMINATION OF GINA HASPEL TO BE THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY HEARING BEFORE THE SELECT COMMITTEE ON INTELLIGENCE OF THE UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION WEDNESDAY, MAY 9, 2018 Printed for the use of the Select Committee on Intelligence ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 30–119 PDF WASHINGTON : 2018 VerDate Sep 11 2014 14:25 Aug 20, 2018 Jkt 030925 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCS\30119.TXT SHAUN LAP51NQ082 with DISTILLER SELECT COMMITTEE ON INTELLIGENCE [Established by S. Res. 400, 94th Cong., 2d Sess.] RICHARD BURR, North Carolina, Chairman MARK R. WARNER, Virginia, Vice Chairman JAMES E. RISCH, Idaho DIANNE FEINSTEIN, California MARCO RUBIO, Florida RON WYDEN, Oregon SUSAN COLLINS, Maine MARTIN HEINRICH, New Mexico ROY BLUNT, Missouri ANGUS KING, Maine JAMES LANKFORD, Oklahoma JOE MANCHIN III, West Virginia TOM COTTON, Arkansas KAMALA HARRIS, California JOHN CORNYN, Texas MITCH MCCONNELL, Kentucky, Ex Officio CHUCK SCHUMER, New York, Ex Officio JOHN MCCAIN, Arizona, Ex Officio JACK REED, Rhode Island, Ex Officio CHRIS JOYNER, Staff Director MICHAEL CASEY, Minority Staff Director KELSEY STROUD BAILEY, Chief Clerk (II) VerDate Sep 11 2014 14:25 Aug 20, 2018 Jkt 030925 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 C:\DOCS\30119.TXT SHAUN LAP51NQ082 with DISTILLER CONTENTS MAY 9, 2018 OPENING STATEMENTS Burr, Hon. Richard, Chairman, a U.S. Senator from North Carolina ................ 1 Warner, Mark R., Vice Chairman, a U.S. Senator from Virginia ........................ 3 WITNESSES Chambliss, Saxby, former U.S. -
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. -
David Hicks, Mamdouh Habib and the Limits of Australian Citizenship
9/17/2015 b o r d e r l a n d s ejournal limits of australian citizenship vol 2 no 3 contents VOLUME 2 NUMBER 3, 2003 David Hicks, Mamdouh Habib and the limits of Australian Citizenship Binoy Kampmark University of Queensland I will continue to take an interest in the wellbeing of Mr Hicks as an Australian citizen to ensure that he is being treated humanely. Alexander Downer, Answer to Question on notice, 18 March 2003. 1. Citizenship is delivered in a brown paper bag at Australian ceremonies. You apply beforehand, and, if lucky, you are asked to attend a ceremony, where you are invited to take an oath (whether to God or otherwise), and witness the spectacle of having citizenship thrust upon you. ‘There has never been a better time to become an Australian citizen’ is marked on the package, which is signed by the Immigration Minister. Brown bags signify this entire process: we await the displays, the cameo aboriginal troupe intent on welcoming the naturalised citizen with a fire ceremony that misfires (or never fires), a lady with a speech impediment who deputises for the minister for Citizenship, and the various tiers of government expounding the virtues of civic responsibility. In short, the entire ceremony is a generous selfmocking; it is citizenship as comedy, a display of cultural symbols that are easily interchanged and shifted. The mocking of citizenship lies at the centre of Australia’s discourse on what it means to be an Australian citizen. It is parodic; it does not take itself seriously, which, some might argue, is its great strength. -
Intelligence Community Presidentially Appointed Senate Confirmed Officials (PAS) During the Administrations of Presidents George W
Intelligence Community Presidentially Appointed Senate Confirmed Officials (PAS) During the Administrations of Presidents George W. Bush, Barack H. Obama, and Donald J. Trump: In Brief May 24, 2021 Congressional Research Service https://crsreports.congress.gov R46798 Intelligence Community Presidentially Appointed Senate Confirmed Officials (PAS) Contents Introduction ..................................................................................................................................... 1 Methodology ................................................................................................................................... 2 Tables Table 1. George W. Bush Administration-era Nominees for IC PAS Positions............................... 2 Table 2. Obama Administration-era Nominees for IC PAS Positions ............................................. 5 Table 3. Trump Administration Nominees for IC PAS Positions .................................................... 7 Contacts Author Information ........................................................................................................................ 10 Congressional Research Service Intelligence Community Presidentially Appointed Senate Confirmed Officials (PAS) Introduction This report provides three tables that list the names of those who have served in presidentially appointed, Senate-confirmed (PAS) positions in the Intelligence Community (IC) during the last twenty years. It provides a comparative perspective of both those holding IC PAS positions who have -
1. October 19, 2011 To: Robert Nicholson, Minister of Justice and Attorney General of Canada Re: Letter in Support of Private
October 19, 2011 To: Robert Nicholson, Minister of Justice and Attorney General of Canada Re: Letter in Support of Private Prosecutions Filed Against George W. Bush for Torture We, the undersigned human rights non-governmental organizations and individuals, are writing this statement in full support of the private prosecutions against George W. Bush, former President of the United States, being lodged on behalf of three former Guantánamo detainees, and one current detainee, who allege that they were tortured by U.S. officials, and seek a criminal investigation and prosecution against Mr. Bush upon arrival in Canada, for substantive breaches of the Canadian Criminal Code and United Nations Convention Against Torture (CAT). The criminal cases submitted under sections 504, 269.1, 21 and 22 of the Canadian Criminal Code, and the Indictment with an appendix of supporting material attached thereto, (collectively, the “Bush Dossiers”) set forth reasonable and probable grounds to believe that a person who is scheduled to be present on Canadian territory has committed an act of torture. The Case Against George W. Bush The Bush Dossiers allege that George W. Bush, in his capacity of former president of the United States, bears individual responsibility for acts of torture and/or cruel, inhuman and degrading treatment committed against detainees held in U.S. custody or rendered to other countries by the U.S., in that he ordered, authorized, condoned, planned or otherwise aided and abetted such acts, or failed to prevent or punish subordinates for the commission of such acts. As set forth in detail in the Bush Dossiers, including through documentary evidence in the form of inter alia official memoranda issued by Mr. -
The Virtues and Vices of Advocacy Strategies in the War on Terror
Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 4-2009 The etD ainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror Peter Margulies Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Criminal Law Commons, Human Rights Law Commons, International Law Commons, Law and Politics Commons, and the Legal Profession Commons Recommended Citation Peter Margulies, The eD tainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror, 57 Buff. L. Rev. 347, 432 (2009) This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. +(,121/,1( Citation: 57 Buff. L. Rev. 347 2009 Provided by: Roger Williams University School of Law Library Content downloaded/printed from HeinOnline Thu Nov 17 10:09:44 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information BUFFALO LAW REVIEW VOLUME 57 APRIL 2009 NUMBER 2 The Detainees' Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror PETER MARGULIESt INTRODUCTION For detainees in the war on terror, advocacy outside of court is often the main event.' Analysis of advocacy through the prism of Supreme Court decisions 2 resembles surveying t Professor of Law, Roger Williams University School of Law; e-mail: [email protected]. -
The Value of Claiming Torture: an Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W
Case Western Reserve Journal of International Law Volume 43 | Issue 1 2010 The alueV of Claiming Torture: An Analysis of Al- Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back Michael J. Lebowitz Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael J. Lebowitz, The Value of Claiming Torture: An Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W. Res. J. Int'l L. 357 (2010) Available at: https://scholarlycommons.law.case.edu/jil/vol43/iss1/22 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. File: Lebowitz 2 Created on: 1/9/2011 9:48:00 PM Last Printed: 4/5/2011 8:09:00 PM THE VALUE OF CLAIMING TORTURE: AN ANALYSIS OF AL-QAEDA’S TACTICAL LAWFARE STRATEGY AND EFFORTS TO FIGHT BACK Michael J. Lebowitz* I. INTRODUCTION ..................................................................................... 357 II. CLAIMING TORTURE TO SHAPE THE BATTLEFIELD .............................. 361 A. Tactical Lawfare ........................................................................... 362 B. Faux Torture ................................................................................. 364 C. The Torture Benchmark ............................................................... -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures.