Guantanamo Detainee List 11-21-11
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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. -
In the United States District Court for the District of Columbia
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ––––––––––––––––––––––––––––––––––––––––– x : : SUFYIAN BARHOUMI, : : Petitioner, : : v. : Civil Action No. 05-cv-1506 (RMC) : BARACK OBAMA, et al., : : Respondents. : : : ––––––––––––––––––––––––––––––––––––––––– x REPLY BRIEF IN SUPPORT OF EMERGENCY MOTION FOR ORDER EFFECTING RELEASE Shayana D. Kadidal (D.D.C. Bar No. 454248) Omar Farah (pursuant to LCvR 83.2(g)) J. Wells Dixon (pursuant to LCvR 83.2(g)) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 (212) 614-6438 [email protected] [email protected] [email protected] Attorneys for Petitioner Barhoumi Sufyian Barhoumi has been detained without charge at Guantánamo for fourteen years— longer than the duration of any prior military conflict in U.S. history or, to our knowledge, the history of modern warfare. His detention has gone on for too long, and is arbitrary and perpetual by any reasonable measure. This is particularly so where, as here, the individual whose liberty has been restrained has been approved for transfer but remains in custody because of bureaucrat- ic delay rather than what he allegedly did or who he allegedly associated with more than a dec- ade ago, and where—as the government does not dispute—he will likely remain detained, at minimum for the next four years, but perhaps for life absent a timely judicial order effectuating his release from Guantánamo. Far from offering a persuasive opposition to Petitioner’s motion, the government con- cedes his essential arguments warranting relief. The government does not dispute that Petitioner has been approved for transfer because his detention is “no longer necessary,” and no longer serves the only ostensible basis for his initial capture and detention, i.e., to prevent his return to the battlefield. -
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. -
1. (SI/NF) Personalinformation: Placeofbirth: Kasala, Sudan (SU
SECRET NOFORN 20301011 DEPARTMENT OF DEFENSE JOINT TASK FORCE GUANTANAMO GUANTANAMO BAY, CUBA APO AE 09360 JTF GTMO- CG 11 October2005 MEMORANDUMFORCommander United States SouthernCommand, 3511NW Avenue, Miami, FL 33172. SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN: ( S) JTF GTMO DetaineeAssessment 1. ( SI/ NF) Personal Information: JDIMS ReferenceName: Zamir Muhammed Aliases and Current / True Name: Muhammed Noor Uthman, Akrima, Abu AlHareth , Farouq AlKamari Place of Birth: Kasala, Sudan (SU ) Dateof Birth: 1 January 1962 Citizenship: Sudanese 29.04 2005 InternmentSerial Number(ISN) 00000707DP 2. (FOUO) Health: Detaineeis in good health. He has refused treatment for latent TB, but has no significant medical issues. Detaineedoes suffer from seasonal allergic rhinitis, but it is easily controlled by medications. He has no known drug allergies. 3. SI/NF ) JTF GTMO Assessment: a . (S ) Recommendation : JTF GTMO recommends this detainee for Continued Detention Under Control (CD) . b . ( SI Summary: JTF GTMO previously assessed detainee as Retain in Control ( ) on 27 August 2004. CLASSIFIED BY: MULTIPLE SOURCES REASON : 12958 SECTION 1.5(C ) DECLASSIFY ON : 20301011 SECRETI 20301011 SECRET // 20301011 JTF GTMO -CG SUBJECT : Recommendation for Continued Detention Under Control ( CD) for Guantanamo Detainee , ISN: 000707DP (S) Detainee is assessed as a probable member ofAl-Qaida. Senior Al-Qaida members identified detainee as a senior trainer at the Khaldan training camp near Khowst, Afghanistan (AF) . Detainee trained hundreds of jihadists including high-level Al-Qaida terrorists. Detainee worked under senior Al- Qaida lieutenant, Abu Zubaydah, who directed Khaldan camp. He admitted being Khaldan Camp facilitator Ibn Sheikh Al assistant. Detainee was a primary weapons trainer and supply officer for the camp. -
Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal
International Journal of Law and Psychiatry 64 (2019) 34–39 Contents lists available at ScienceDirect International Journal of Law and Psychiatry journal homepage: www.elsevier.com/locate/ijlawpsy Forensic mental health evaluations in the Guantánamo military commissions system: An analysis of all detainee cases from inception to 2018 T ⁎ Neil Krishan Aggarwal Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric Institute, United States ABSTRACT Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detaineesas“unlawful enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case. -
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. -
FOIA) Document Clearinghouse in the World
This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com Received Received Request ID Requester Name Organization Closed Date Final Disposition Request Description Mode Date 17-F-0001 Greenewald, John The Black Vault PAL 10/3/2016 11/4/2016 Granted/Denied in Part I respectfully request a copy of records, electronic or otherwise, of all contracts past and present, that the DOD / OSD / JS has had with the British PR firm Bell Pottinger. Bell Pottinger Private (legally BPP Communications Ltd.; informally Bell Pottinger) is a British multinational public relations and marketing company headquartered in London, United Kingdom. 17-F-0002 Palma, Bethania - PAL 10/3/2016 11/4/2016 Other Reasons - No Records Contracts with Bell Pottinger for information operations and psychological operations. (Date Range for Record Search: From 01/01/2007 To 12/31/2011) 17-F-0003 Greenewald, John The Black Vault Mail 10/3/2016 1/13/2017 Other Reasons - Not a proper FOIA I respectfully request a copy of the Intellipedia category index page for the following category: request for some other reason Nuclear Weapons Glossary 17-F-0004 Jackson, Brian - Mail 10/3/2016 - - I request a copy of any available documents related to Army Intelligence's participation in an FBI counterintelligence source operation beginning in about 1959, per David Wise book, "Cassidy's Run," under the following code names: ZYRKSEEZ SHOCKER I am also interested in obtaining Army Intelligence documents authorizing, as well as policy documents guiding, the use of an Army source in an FBI operation. -
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues (name redacted) Legislative Attorney August 4, 2014 Congressional Research Service 7-.... www.crs.gov R41163 The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues Summary On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration. Upon taking office in 2009, President Obama temporarily halted military commissions to review their procedures as well as the detention program at Guantánamo Bay in general, pledging to close the prison facilities there by January 2010, a deadline that passed unmet. One case was moved to a federal district court. In May 2009, the Obama Administration announced that it was considering restarting the military commission system with some changes to the procedural rules. Congress enacted the Military Commissions Act of 2009 (MCA 2009) as part of the Department of Defense Authorization Act (NDAA) for FY2010, P.L. 111-84, to provide some reforms the Administration supported and to make other amendments to the Military Commissions Act, as described in this report. -
Al-Bihani V. Obama (Mem
Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 1 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 2, 2009 Decided January 5, 2010 No. 09-5051 GHALEB NASSAR AL-BIHANI, APPELLANT v. BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-01312-RJL) Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III. Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance. Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 2 2 Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge BROWN. Concurring opinion filed by Circuit Judge BROWN. Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS. BROWN, Circuit Judge: Ghaleb Nassar Al-Bihani appeals the denial of his petition for a writ of habeas corpus and seeks reversal or remand. He claims his detention is unauthorized by statute and the procedures of his habeas proceeding were constitutionally infirm. We reject these claims and affirm the denial of his petition. I Al-Bihani, a Yemeni citizen, has been held at the U.S. naval base detention facility in Guantanamo Bay, Cuba since 2002. -
Al-Bihani V. Obama, 590 F.3D 866 (D.C
NO. IN THE SUPREME COURT OF THE UNITED STATES GHALEB NASSAR AL BIHANI, Petitioner, BARACK H. OBAMA, et al., Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED .... STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SHEREEN J. CHARLICK . ¯ STEVEN F. HUBACHEK ELLIS M. JOHNSTON, III Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, California 92101 Telephone: (619) 234-8467 Counsel for Petitioner TABLE OF CONTENTS QUESTIONS PRESENTED FOR REVIEW ....................................prefix TABLE OF AUTHORITIES .................... ................................... i-ii OPINIONS .BELOW ........................................................... 1 JURISDICTION 2 CONSTITUTIONAL AND STATUTORY PROVISIONS .............................2 STATEMENT OF THE CASE - 2 A. District Court Proceedings ................. .................. ¯ .......2 B. Appellate Proceedings .............................................. 3 ARGUMENT 7 THE COURT SHOULD GRANT THE PETITION AND REAFFIRM THE TEACHING OF HAMDI AND BOUMEDIENE: THE DETENTION POWER GRANTED BY THE AUMF IS COEXTENSIVE WITH, AND LIMITED BY, THE DETENTION POWER RECOGNIZED UNDER THE LAW. OF WAR .................................7 A. Introduction ....’ ..................................... - ............. 7 B. The Court Should Reaffirm Hamdi and Boumediene: the Law of War Informs and Limits the AUMF’s Authorization of Detention AUthority ..................10 C. Section 5 of the 2006 MCA Does Not Preclude Application of Law of War Principles In Analyzing the Detention Authority -
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. -
The Current Detainee Population of Guantánamo: an Empirical Study
© Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct.