March CAN SUBS Cover Final2 1/21/10 11:32 AM Page 1

Total Page:16

File Type:pdf, Size:1020Kb

March CAN SUBS Cover Final2 1/21/10 11:32 AM Page 1 March CAN SUBS cover Final2 1/21/10 11:32 AM Page 1 EDWARD CONLON: THE POLICE-ENTERTAINMENT COMPLEX HARPER’S MAGAZINE / MARCH 2010 $7.95 ◆ THE GUANTANAMO “SUICIDES” A Camp Delta Sergeant Blows the Whistle By Scott Horton MAMMON FROM HEAVEN The Prosperity Gospel in Recession By Benjamin Anastas THAT’LL BE TWO DOLLARS AND FIFTY CENTS PLEASE A story by Myla Goldberg Also: William H. Gass and Philip Levine ◆ REPORT THE GUANTANAMO “SUICIDES” A Camp Delta sergeant blows the whistle By Scott Horton 1. “ASYMMETRICAL WA RFA R E” Late on the evening of June 9 that following day, the camp quickly went year, three prisoners at Guantánamo into lockdown. The authorities or- When President Barack Obama took died suddenly and violently. Salah dered nearly all the reporters at offi ce last year, he promised to “restore Ahmed Al-Salami, from Yemen, Guantánamo to leave and those en the standards of due process and the was thirty-seven. Mani Shaman Al- route to turn back. The commander core constitutional values at Guantánamo, Rear Ad- that have made this coun- miral Harry Harris, then try great.” Toward that end, declared the deaths “sui- the president issued an ex- cides.” In an unusual ecutive order declaring that move, he also used the an- the extra-constitutional nouncement to attack the prison camp at Guantána- dead men. “I believe this mo Naval Base “shall be was not an act of despera- closed as soon as practica- tion,” he said, “but an act ble, and no later than one of asymmetrical warfare year from the date of this waged against us.” Report- order.” Obama has failed to ers accepted the official fulfill his promise. Some account, and even lawyers prisoners there are being for the prisoners appeared charged with crimes, oth- to believe that they had ers released, but the date killed themselves. Only for closing the camp seems the prisoners’ families in to recede steadily into the Saudi Arabia and Yemen future. Furthermore, new evidence Utaybi, from Saudi Arabia, was thir- rejected the notion. now emerging may entangle Obama’s ty. Yasser Talal Al-Zahrani, also from Two years later, the U.S. Naval young administration with crimes that Saudi Arabia, was twenty-two, and Criminal Investigative Service, which occurred during the George W. Bush had been imprisoned at Guantána- has primary investigative jurisdiction presidency, evidence that suggests the mo since he was captured at the age within the naval base, issued a report current administration failed to inves- of seventeen. None of the men had supporting the account originally ad- tigate seriously—and may even have been charged with a crime, though vanced by Harris, now a vice-admiral continued—a cover-up of the possible all three had been engaged in hunger in command of the Sixth Fleet. The homicides of three prisoners at Guan- strikes to protest the conditions of Pentagon declined to make the NCIS tánamo in 2006. their imprisonment. They were being report public, and only when pressed held in a cell block, known as Alpha with Freedom of Information Act de- Scott Horton is a contributing editor of Harper’s Magazine. His last article for the Block, reserved for particularly trou- mands did it disclose parts of the re- magazine, “Justice After Bush,” appeared in blesome or high-value prisoners. port, some 1,700 pages of documents the December 2008 issue. As news of the deaths emerged the so heavily redacted as to be nearly in- The external fence of Camp Delta, in Guantánamo, June 2006. Photograph © Paolo Pellegrin/Magnum Photos R E P O R T 2 7 HHortonorton Final2.inddFinal2.indd 2727 11/21/10/21/10 111:22:371:22:37 AAMM comprehensible. The NCIS documents minutes. The report claimed that the matically at odds with the NCIS re- were carefully cross-referenced and de- prisoners had hung sheets or blankets port—a report for which they were ciphered by students and faculty at the to hide their activities and shaped neither interviewed nor approached. law school of Seton Hall University in more sheets and pillows to look like All four soldiers say they were or- New Jersey, and their fi ndings, released bodies sleeping in their beds, but it did dered by their commanding officer in November 2009, made clear why not explain where they were able to not to speak out, and all four soldiers the Pentagon had been unwilling to acquire so much fabric beyond their provide evidence that authorities ini- make its conclusions public. The offi - tightly controlled allotment, or why tiated a cover-up within hours of the cial story of the prisoners’ deaths was the Navy guards would allow such an prisoners’ deaths. Army Staff Ser- full of unacknowledged contradictions, obvious and immediately observable geant Joseph Hickman and men un- and the centerpiece of the report—a deviation from permitted behavior. der his supervision have disclosed evi- reconstruction of the events—was Nor did the report explain how the dence in interviews with Harper’s simply unbelievable. dead men managed to hang undetect- Magazine that strongly suggests that According to the NCIS docu- ed for more than two hours or why the the three prisoners who died on June ments, each prisoner had fashioned a Navy guards on duty, having for what- 9 had been transported to another lo- noose from torn sheets and T-shirts ever reason so grievously failed in their cation prior to their deaths. The and tied it to the top of his cell’s duties, were never disciplined. guards’ accounts also reveal the exis- eight-foot-high steel-mesh wall. Each A separate report, the result of an tence of a previously unreported black prisoner was able somehow to bind “informal investigation” initiated by site at Guantánamo where the deaths, his own hands, and, in at least one Admiral Harris, found that standard or at least the events that led directly case, his own feet, then stuff more operating procedures were violated to the deaths, most likely occurred. rags deep down into his own throat. that night but concluded that disci- We are then asked to believe that plinary action was not warranted, 2. “CAMP NO” each prisoner, even as he was chok- because of the “generally permissive ing on those rags, climbed up on his environment” of the cell block and The soldiers of the Maryland-based washbasin, slipped his head through the numerous “concessions” that had 629th Military Intelligence Battalion the noose, tightened it, and leapt been made with regard to the prison- arrived at Guantánamo Naval Base in from the washbasin to hang until he ers’ comfort, “concessions” that had March 2006, assigned to provide secu- asphyxiated. The NCIS report also resulted in a “general confusion by rity to Camp America, the sector of proposes that the three prisoners, the guard and the JDG staff over the base containing the fi ve individual who were held in non-adjoining cells, many of the rules that applied to the prison compounds that house the pris- carried out each of these actions al- guard force’s handling of the detain- oners. Camp Delta was at the time the most simultaneously. ees.” According to Harris, even had largest of these compounds, and with- Al-Zahrani, according to the re- in its walls were four smaller camps, port, was discovered fi rst, at 12:39 numbered 1 through 4, which in a.m., and taken by several Alpha THE JUSTICE DEPARTMENT FACES turn were divided into cell blocks. Block guards to the camp’s detention Life at Camp America, as at all medical clinic. No doctors could be A CHOICE BETWEEN THE RULE prisons, was and remains rigorously found there, nor the phone number OF LAW AND THE EXPEDIENCE OF routinized for both prisoners and for one, so a clinic staffer dialed 911. their jailers. Navy guards patrol the During this time, other guards dis- POLITICAL SILENCE cell blocks and Army personnel covered Al-Utaybi. Still others dis- control the exterior areas of the covered Al-Salami a few minutes camp. All observed incidents must later. Although rigor mortis had already standard operating procedures been be logged. For the Army guards who set in—indicating that the men had followed, “it is possible that the de- man the towers and “sally ports” (ac- been dead for at least two hours—the tainees could have successfully com- cess points), knowing who enters and NCIS report claims that an unnamed mitted suicide anyway.” leaves the camp, and exactly when, is medical offi cer attempted to resuscitate This is the offi cial story, adopted the essence of their mission. one of the men, and, in attempting to by NCIS and Guantánamo com- One of the new guards who arrived pry open his jaw, broke his teeth. mand and reiterated by the Justice that March was Joe Hickman, then a The fact that at least two of the Department in formal pleadings, by sergeant. Hickman grew up in Balti- prisoners also had cloth masks affi xed the Defense Department in briefi ngs more and joined the Marines in 1983, to their faces, presumably to prevent and press releases, and by the State at the age of nineteen. When I inter- the expulsion of the rags from their Department. Now four members of viewed him in January at his home in mouths, went unremarked by the the Military Intelligence unit as- Wisconsin, he told me he had been NCIS, as did the fact that standard signed to guard Camp Delta, includ- inspired to enlist by Ronald Reagan, operating procedure at Camp Delta ing a decorated non-commissioned “the greatest president we’ve ever required the Navy guards on duty after Army offi cer who was on duty as ser- had.” He worked in a military intelli- midnight to “conduct a visual search” geant of the guard the night of June gence unit and was eventually tapped of each cell and detainee every ten 9, have furnished an account dra- for Reagan’s Presidential Guard detail, 28 HARPER’S MAGAZINE / MARCH 2010 HHortonorton Final2.inddFinal2.indd 2828 11/21/10/21/10 111:22:371:22:37 AAMM Hickman and his men also discov- ered that there were odd exceptions to their duties.
Recommended publications
  • Making Sense of Camp Delta
    Washington University Journal of Law & Policy Volume 25 Access to Justice: The Social Responsibility of Lawyers January 2007 Making Sense of Camp Delta Joseph Margulies Northwestern University Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Military, War, and Peace Commons Recommended Citation Joseph Margulies, Making Sense of Camp Delta, 25 WASH. U. J. L. & POL’Y 27 (2007), https://openscholarship.wustl.edu/law_journal_law_policy/vol25/iss1/4 This Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Making Sense of Camp Delta† Joseph Margulies∗ I. As someone who has devoted almost all of his professional time since September 11, 2001, to challenging the Bush Administration’s detention policy, I have watched with some interest as attitudes toward that policy have changed. At first, the prevailing sentiment seemed to be one of indifference to the policy and hostility to the prisoners. Today, however, the policy is a matter of intense public debate, and—at least among informed observers—the prisoners are viewed with at least something approaching sympathy. In general, I view this transformation as a good thing. Yet though the indifference is gone, what has taken its place is sometimes equally unsatisfying. Discussion about the Administration’s detention policy seems to have gotten caught up in the larger swirl of partisan rhetoric surrounding the so-called “war on terror”—an overheated screed that often substitutes for clear thinking both on the political right and left.
    [Show full text]
  • My Life with the Taliban
    MY LIFE WITH THE TALIBAN Courtesy of www.pdfbooksfree.pk ABDUL SALAM ZAEEF My Life with the Taliban Edited by Alex Strick van Linschoten and Felix Kuehn Courtesy of www.pdfbooksfree.pk Columbia University Press Publishers Since 1893 New York Chichester, West Sussex Copyright © Abdul Salam Zaeef 2010 Editors’ introduction and translation Copyright © Alex Strick van Linschoten and Felix Kuehn, 2010 Foreword Copyright © Barnett R. Rubin, 2010 All rights reserved Library of Congress Cataloging-in-Publication Data Za’if, ‘Abd al-Salam, 1967 or 8– My life with the Taliban / Abdul Salam Zaeef. p. cm. Includes bibliographical references and index. ISBN 978-0-231-70148-8 (alk. paper) 1. Za’if, ‘Abd al-Salam, 1967 or 8– 2. Taliban—Biography. 3. Afghan War, 2001—Biography. 4. Prisoners of war—Afghanistan—Biography. 5. Prisoners of war—United States—Biography. 6. Guantánamo Bay Detention Camp—Biography. I. Title. DS371.33.Z34A3 2010 958.104'7—dc22 [B] 2009040865 ∞ Columbia University Press books are printed on permanent and durable acid-free paper. This book is printed on paper with recycled content. Printed in USA c 10 9 8 7 6 5 4 3 2 1 References to Internet Web sites (URLs) were accurate at the time of writing. Neither the author nor Columbia University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. Courtesy of www.pdfbooksfree.pk CONTENTS Kandahar: Portrait of a City ix Editors’ Acknowledgements xxv Editors’ Notes xxvii Character List xxix Foreword by Barnett R. Rubin xxxvii Preface by Abdul Salam Zaeef xli Maps xlviii–xlix 1.
    [Show full text]
  • E-Bulletin on Counter-Terrorism and Human Rights
    E-BULLETIN ON COUNTER-TERRORISM & HUMAN RIGHTS No. 83, May 2014 AFRICA & MIDDLE EAST Ethiopia: UN High Commissioner concerned at arrests of bloggers and journalists under anti-terrorism law Rwanda: Military courts retain jurisdiction over civilians in “terrorism” trial Nigeria: UN High Commissioner’s Office denounces abduction of schoolgirls as international crime Kenya: Human Rights Watch denounces human rights violations in mass “anti-terrorism” round-ups Jordan: Anti-Terrorism Law Amendments said to broaden definition of terrorism excessively Egypt: Al Jazeera journalist detained for “terrorism” at serious health risk Egypt: UN and African human rights expert urge reform of Egypt’s legal system Bahrain: Activists convicted in reportedly grossly unfair trial Zimbabwe: Government enacts terrorism listing legislation AMERICAS USA: House of Representatives approves bill limiting NSA surveillance programmes USA: UN Ambassador Rice reported to have used NSA surveillance intelligence USA: Journalist reveals new details on Guantánamo detainees “suicides” USA: Justice Department legal memo excludes right of asylum for Guantánamo detainees USA/Djibouti: US Djibouti base used for CIA secret detention, Al Jazeera reveals USA: NSA surveillance programme said to have collected all Bahamas telephone communications Canada: Supreme Court upholds constitutionality of security certificate system Argentina: Journalist accused of “terrorism” for reporting public protest ASIA - PACIFIC China: Mass arrests in Xinjiang following knives “terrorist” attack Pakistan:
    [Show full text]
  • A/HRC/20/22/Add.3
    联 合 国 A/HRC/20/22/Add.3 Distr.: General 大 会 30 March 2012 Chinese Original: English 人权理事会 第十九届会议 议议议议3 增进和保护所有人权――公民权利、政治权利、 经济、社会和文化权利,包括发展权 法外处决、即审即决或任意处决问题特别报告员 克里斯托夫·海恩斯的报告 增编 对美利坚合众国的后续访问* 内容提要 在本报告中,法外处决、即审即决或任意处决问题特别报告员分析了美利坚 合众国为执行前任务负责人于 2008 年 6 月 16 日至 30 日访问该国后所提出的建 议而采取的措施。尽管美国的法外处决纪录有许多值得赞扬的地方,但访问报告 (A/HRC/11/2/Add.5)确认的三个领域仍须大加改善:涉及判处死刑的正当程序、 执法的透明度,军事和情报行动以及政府的国际行动可能造成的非法死亡事件的 责任。 政府为更好地跟踪和应对移民拘留中死亡事件而采取具体措施,值得赞扬。 然而,访问报告所确认的三个优先领域没有取得重大进展。特别报告员促请政府 优先落实涉及这三个领域的建议。 * 本文件的内容提要以所有正式语文分发。报告本身载于内容提要附件,仅以提交语文分发。 GE.12-12542 (C) 040412 270412 A/HRC/20/22/Add.3 Annex Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns Follow-up to country recommendations: United States of America Contents Paragraphs Page I. Methodology........................................................................................................... 1–4 3 II. Introduction............................................................................................................. 5 3 III. Domestic issues....................................................................................................... 6–38 4 A. Due process in death penalty cases................................................................. 6–28 4 B. Deaths in immigration detention .................................................................... 29–35 9 C. Killings by law enforcement officials............................................................. 36–38 10 IV. International operations..........................................................................................
    [Show full text]
  • Guantanamo Guard: 'CIA Killed Prisoners And
    Guantanamo Guard: ‘CIA Killed Prisoners and Made it Look like Suicide’ By Emma Reynolds Region: USA Global Research, January 21, 2016 Theme: Crimes against Humanity, news.com.au 16 January 2015 Intelligence, Law and Justice A former Guantanamo Bay guard has spoken for the first time about what he claims was a CIA murder of detainees, covered up as a triple suicide. Army Staff Sergeant Joseph Hickman [pictured left] was on guard at the Cuban prison camp on the night they died, and calls the official version of events “impossible”. “They would have had to all three tie their hands and feet together, shove rags down their throats, put a mask over their face, made a noose, hung it from the ceiling on the side of the cellblock, jumped into the noose and hung themselves simultaneously,” the ex-Marine told Vice News in an explosive video interview. “In a cellblock where guards are ordered to check on detainees every four minutes.” There had also been an inspection of the cellblock only a few hours earlier, Hickman said, and guards had found nothing detainees might use to make the nooses and rags. Hickman tried for years to put the nightmare of his time at Guantanamo behind him, but eventually he was forced to confront his past. He has now written a book, Murder at Camp Delta, which he hopes will be a step towards finding out the truth. “I was trying to put Guantanamo behind me. I didn’t want to remember it. It was like a bad dream I was trying to put in the past,” he said.
    [Show full text]
  • Guantanamo Bay: National Security Versus Civil Liberties
    Brigham Young University Prelaw Review Volume 30 Article 16 4-4-2016 Guantanamo Bay: National Security Versus Civil Liberties Michael W. Pond Follow this and additional works at: https://scholarsarchive.byu.edu/byuplr Part of the Law Commons BYU ScholarsArchive Citation Pond, Michael W. (2016) "Guantanamo Bay: National Security Versus Civil Liberties," Brigham Young University Prelaw Review: Vol. 30 , Article 16. Available at: https://scholarsarchive.byu.edu/byuplr/vol30/iss1/16 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in Brigham Young University Prelaw Review by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. GUANTANAMO BAY: NATIONAL SECURITY VERSUS CIVIL LIBERTIES Michael W. Pond1 INTRODUCTION asser Talal al Zahrani was only sixteen years old when he was first captured and later transferred to the Guantanamo YBay detention camp, where he would spend the next four years until allegedly ending his own life on June 6, 2006. He was a citizen of Saudi Arabia, held in extrajudicial detention (or detention without trial) for an alleged connection with the Taliban. Just days before his death, he had written a letter to his father, Colonel Talal al-Zahrani, detailing two other prisoners who seemed to be on the verge of death. Ten days after receiving the letter, the Department of Defense announced the apparent suicide of Yasser Talal al Zahrani and two other prisoners: Salah Ali Abdullah Ahmed Al-Salami and Ali Abdullah Ahmed Naser al-Sullami. The bodies were returned to their families with trauma to the faces, necks, and chests of the bodies.
    [Show full text]
  • Exhibits Attached to Arguments on Admissibility, Declaration of Mohammed Abdullah Saleh Al-Asad, and Declaration of Zahra Ahmed Mohamed
    BEFORE THE AFRICAN COMMISSION FOR HUMAN & PEOPLES’ RIGHTS 49th ORDINARY SESSION: APRIL-MAY 2011 COMMUNICATION NO. 383/2010 In the matter between: MOHAMMED ABDULLAH SALEH AL-ASAD and DJIBOUTI EXHIBITS ATTACHED TO ARGUMENTS ON ADMISSIBILITY, DECLARATION OF MOHAMMED ABDULLAH SALEH AL-ASAD, AND DECLARATION OF ZAHRA AHMED MOHAMED EXHIBITS The United Republic of Tanzania Departure Declaration Card, 27 December 2003…….A Center for Human Rights and Global Justice, On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation (New York: NYU School of Law, 2008)………………………………………………………………………………..B Letter to the Attorney General of Djibouti, 31 March 2009…….….…..…….…….….…C United Nations Human Rights Council, 13th Session, Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism, U.N. Doc. A/HRC/13/42 (19 February 2010)………………………………………………………. D Republic v. Director of Immigration Services, ex parte Mohammed al-Asad (Habeas Corpus petition), High Court of Tanzania, 17 June 2004………………………………...E Amnesty International, United States of America: Below the radar- Secret flights to torture and ‘disappearance,’ 5 April 2006……………………………………………….F Prepared Remarks of Treasury Secretary John Snow to Announce Joint U.S. and Saudi Action Against Four Branches of Al-Haramain in the Financial War on Terror, JS-1107, 22 January 2004…………………………………………………………………………..G Henry Lyimo, Guardian (Dar es Salaam), Yemenis, Italians Expelled, 30 December 2003…………………………………………………………………………………...….H Roderick Ndomba, Daily News (Dar es Salaam), Dar Deports 2,367 Aliens, 30 December 2003……...……………………………..………………………………………………….I International Committee of the Red Cross, ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody, 2007…………………………..……….……...J International Seismological Centre Earthquake Data…………………………………….K U.S.
    [Show full text]
  • Thirty-Five Years After the US Supreme Court
    Index: AMR 51/001/2014 9 January 2014 12 YEARS OF GUANTÁNAMO DETENTIONS, 12 YEARS OF DOUBLE STANDARDS In retrospect, the entire detention and interrogation strategy was wrong. We squandered the goodwill of the world after we were attacked by our actions in Guantánamo, both in terms of detention and torture Major General Michael Lehnert (ret.), first commander of detentions at Guantánamo (2002), December 20131 As the US detentions at Guantánamo enter their 13th year, the world should take the USA to task for its abject failure to live up to the international human rights standards it so often demands of others. The recent flurry of detainee transfers from Guantánamo – nine in December 2013, transfers which followed a mass hunger strike at the base during the year2 – cannot disguise the fact that under its flawed “law of war” framework the USA has yet to fully recognize its human rights obligations in this context, let alone apply them. Instead this US detention regime continues to undermine principles of criminal justice and remains an affront to the Universal Declaration of Human Rights and other international instruments, the very same standards against which the USA yearly assesses the human rights records of other countries. Twelve years after the first detainees were brought to Guantánamo, strapped down in planes like cargo, more than 150 men remain held there, most of them held without charge or trial. A few face trial under a military commission system that does not meet international fair trial standards. Meanwhile, impunity for crimes under international law committed by US personnel against current and former Guantánamo detainees is a festering injustice that leaves the USA in serious violation of its international law obligations on truth, accountability and remedy.
    [Show full text]
  • ENDNOTES Endnotes
    CHAPTER 1 ENDNOTES Endnotes 1 Guantánamo Remarks Cost Policy Chief His Job, CNN (Feb. 2, 2007), available at http://www.cnn. com/2007/US/02/02/gitmo.resignation (“When corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms.”). 2 Task Force staff interview with Moazzam Begg, Omar Deghayes, Bisher al-Rawi (Apr. 17, 2012) [hereinafter Begg, Deghayes, al-Rawi Interview]. 3 Neil A. Lewis, U.S. Military Eroding Trust of Detainees, Lawyers Say, N.Y. TIMES (Mar. 9, 2005), available at http://www.nytimes.com/2005/03/08/world/americas/08iht-gitmo.html (“Another lawyer, Marc Falkoff of New York, whose firm represents several Yemenis at the naval base in Cuba, said some of his clients had told him that a person who said he was a lawyer and had civilian clothes had conferred several times with some detainees. That person, Falkoff said his clients had told him, later appeared at the detention center in uniform, leading the inmates to distrust anyone claiming to be a lawyer and acting in their interest.”). See also Neil A. Lewis, Detainee’s Lawyer Says Captors Foment Mistrust, N.Y. TIMES (Dec. 7, 2005), available at http://www.nytimes.com/2005/12/07/international/07hamdan.html (“The Guantánamo authorities violated a court order by moving a prisoner from the general population there and placing him in close contact with a hard-core operative for Al Qaeda known for urging detainees to refuse to cooperate with their lawyers, according to papers filed with the United States District Court here by Lt.
    [Show full text]
  • Evaluating Extraordinary Rendition Oriane Simon
    Evaluating Extraordinary Rendition Oriane Simon A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy School of Physical, Environmental and Mathematical Sciences Faculty of Geography March 2017 Table of Contents Chapter 1 Extraordinary Rendition ................................................................................. 1 1.1 El-Masri’s Extraordinary Rendition ................................................................................. 7 1.2 Why Analyse Extraordinary Rendition? ....................................................................... 21 1.3 Previous Research and My Approach ............................................................................ 27 1.4 My approach ............................................................................................................................ 32 1.5 Thesis Outline ......................................................................................................................... 39 Chapter 2 From Moral and Legal Issues to a Micropolitical Evaluation ......... 43 2.1 Previous Analyses of Extraordinary Rendition.......................................................... 43 2.2 Problematising the Idea of Being ‘Beyond Jurisdiction’ ......................................... 66 2.3 Creativity in Evaluating Extraordinary Rendition .................................................... 81 2.4 Evaluating Extraordinary Rendition .............................................................................. 90 Chapter 3 Transforming Beings ...................................................................................
    [Show full text]
  • Press Release
    PRESS RELEASE November 14, 2005 Justice Detained At Guantanamo We recently returned from visiting with several prisoners in Guantánamo Bay's military prison, where there are still hundreds of faceless, uncharged prisoners who have been held for nearly four years without ever seeing an attorney. When many of these prisoners arrived in American custody, they were initially relieved to be in the control of a country that valued justice and due process. Four years later, many just want to die. They starve themselves for long periods of time and attempt bloody suicides. The government responds by forcing tubes down their throats. People are trying to kill themselves to get out of custody, because they have no legal recourse. "They won't let us live, but they won't let us die," one of our clients explained. Suits have been filed on behalf of well over a hundred of these detainees, asking that courts require that the government charge these people with crimes, even war crimes, or let them go. Now some in Congress are actively seeking to strip our courts of their historic habeas corpus jurisdiction to even demand that charges be stated by the government against those it wishes to imprison. There is a mountain of procedure and logistics a lawyer has to climb before meeting clients, including lengthy security clearances. When you finally do meet your clients, you suddenly realize that you are nowhere near the top of that mountain. You still are faced with the daunting task of winning their trust. Prisoners have been interrogated so many times by people pretending to be their lawyers, there is no way to prove that you aren't actually another interrogator.
    [Show full text]
  • Thirty-Five Years After the US Supreme Court Gave the Green Light For
    Index: AMR 51/001/2014 9 January 2014 12 YEARS OF GUANTÁNAMO DETENTIONS, 12 YEARS OF DOUBLE STANDARDS In retrospect, the entire detention and interrogation strategy was wrong. We squandered the goodwill of the world after we were attacked by our actions in Guantánamo, both in terms of detention and torture Major General Michael Lehnert (ret.), first commander of detentions at Guantánamo (2002), December 20131 As the US detentions at Guantánamo enter their 13th year, the world should take the USA to task for its abject failure to live up to the international human rights standards it so often demands of others. The recent flurry of detainee transfers from Guantánamo – nine in December 2013, transfers which followed a mass hunger strike at the base during the year2 – cannot disguise the fact that under its flawed “law of war” framework the USA has yet to fully recognize its human rights obligations in this context, let alone apply them. Instead this US detention regime continues to undermine principles of criminal justice and remains an affront to the Universal Declaration of Human Rights and other international instruments, the very same standards against which the USA yearly assesses the human rights records of other countries. Twelve years after the first detainees were brought to Guantánamo, strapped down in planes like cargo, more than 150 men remain held there, most of them held without charge or trial. A few face trial under a military commission system that does not meet international fair trial standards. Meanwhile, impunity for crimes under international law committed by US personnel against current and former Guantánamo detainees is a festering injustice that leaves the USA in serious violation of its international law obligations on truth, accountability and remedy.
    [Show full text]