American Torture Story Toolkit for Fall/Winter 2015-2016 Dear Activists
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Guantanamo's Hidden History
Guantanamo’s Hidden History Shocking statistics of starvation June 2009 1 Author: Andy Worthington Copyright © 2009 Cageprisoners All rights reserved. Cageprisoners 27 Old Gloucester Street London WC1N 3XX Telephone: 00 (44) 7973264197 Email: [email protected] 2 INTRODUCTION Today is the third anniversary of the deaths in Guantánamo of three prisoners, Ali al-Salami, Mani al-Utaybi and Yasser al-Zahrani. The anniversary comes just two weeks after the second anniversary of the death of Abdul Rahman al-Amri, the fourth prisoner to die in mysterious circumstances, and just eight days after the death of a fifth prisoner, Muhammad Salih. The authorities maintain that the men died by committing suicide, although doubts about this explanation have repeatedly been voiced by former prisoners. However, it is also significant that all five men were long-term hunger strikers. Cageprisoners is marking this sad anniversary with a brief report about the Guantánamo hunger strikers, and the dreadful toll that prolonged starvation -- and brutal force-feeding, which is the response of the US military -- exacts on prisoners held, for the most part, without charge or trial in a seemingly endless legal limbo. Force-feeding involves prisoners being strapped into a restraint chair and force-fed twice daily against their will, through an agonizing process that involves having a tube inserted into the stomach through the nose. As Clive Stafford Smith, the lawyer for several dozen Guantánamo prisoners, explained in the Los Angeles Times in 2007, with reference to Sami al-Haj, who was released in May 2008, “Medical ethics tell us that you cannot force-feed a mentally competent hunger striker, as he has the right to complain about his mistreatment, even unto death. -
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. -
A Decade Lost I ABOUT the AUTHORS
A DECADE LOST i ABOUT THE AUTHORS The Center for Human Rights and Global Justice (CHRGJ) brings together and expands the rich array of teaching, research, clinical, internship, and publishing activities undertaken within New York University (NYU) School of Law on international human rights issues. Philip Alston and Ryan Goodman are the Center’s Faculty co-Chairs; Smita Narula and Margaret Satterthwaite are Faculty Directors; Jayne Huckerby is Research Director; and Veerle Opgenhaffen is Senior Program Director. The Global Justice Clinic (GJC) at NYU School of Law provides high quality, professional human rights lawyering services to individual clients and non-governmental and inter-governmental human rights organizations, partnering with groups based in the United States and abroad. Working as legal advisers, counsel, co-counsel, or advocacy partners, Clinic students work side-by-side with human rights activists from around the world. The Clinic is directed by Professor Margaret Satterthwaite and in Fall 2010 to Spring 2011 was co-taught with Adjunct Assistant Professor Jayne Huckerby; Diana Limongi is Clinic Administrator. All publications and statements of the CHRGJ can be found at its website: www.chrgj.org. This Report should be cited as: Center for Human Rights and Global Justice, A Decade Lost: Locating Gender in U.S. Counter-Terrorism (New York: NYU School of Law, 2011). © NYU School of Law Center for Human Rights and Global Justice A DECADE LOST 1 ACKNOWLEDGEMENTS The Global Justice Clinic (GJC)/Center for Human Rights and Global Justice (CHRGJ) at New York University (NYU) School of Law acknowledges the following individuals for their contributions in the preparation of this report. -
Open Fung Final Thesis Submission.Pdf
THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF ENGLISH FINDING HUMANITY AFTER DEHUMANIZATION: AN EXAMINATION OF THE ROLE OF MEMOIR IN NARRATING THE HUMAN RIGHTS VIOLATIONS AT GUANTÁNAMO BAY TAK-YIN SANDRA FUNG Spring 2012 A thesis submitted in partial fulfillment of the requirements for baccalaureate degrees in English and Comparative Literature with honors in English Reviewed and approved* by the following: Sophia McClennen Professor of Comparative Literature, Spanish, and Women’s Studies Thesis Supervisor Lisa Sternlieb Associate Professor of English Honors Adviser Jonathan Marks Associate Professor of Bioethics, Humanities, and Law Second Reader * Signatures are on file in the Schreyer Honors College i Abstract This thesis examines the role of memoir within the larger dialogue concerning the human rights violations committed at Guantánamo Bay. Memoirs have always held an important place within human rights narratives, and the personal histories written by former Guantánamo detainees contribute an essential individual component to conversations about the injustices of the facility. Although several other detainees have come forward with memoirs, this thesis specifically evaluates Enemy Combatant : My Imprisonment at Guantánamo, Bagram, and Kandahar by Moazzam Begg and Five Years of My Life: An Innocent Man in Guantánamo by Murat Kurnaz. Both men were detained without charge and released, albeit after enduring years of abuse, isolation, and poor living conditions. Despite the emphasis on the unique ability of memoir to connect the audience with the perspective of the work’s subject, this thesis does not argue for memoir as the most effective form of human rights narrative. Instead, the memoir should be viewed as one part of a larger conversation. -
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. -
The Constitutional and Political Clash Over Detainees and the Closure of Guantanamo
UNIVERSITY OF PITTSBURGH LAW REVIEW Vol. 74 ● Winter 2012 PRISONERS OF CONGRESS: THE CONSTITUTIONAL AND POLITICAL CLASH OVER DETAINEES AND THE CLOSURE OF GUANTANAMO David J.R. Frakt ISSN 0041-9915 (print) 1942-8405 (online) ● DOI 10.5195/lawreview.2012.195 http://lawreview.law.pitt.edu This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. This site is published by the University Library System of the University of Pittsburgh as part of its D- Scribe Digital Publishing Program and is cosponsored by the University of Pittsburgh Press. PRISONERS OF CONGRESS: THE CONSTITUTIONAL AND POLITICAL CLASH OVER DETAINEES AND THE CLOSURE OF GUANTANAMO David J.R. Frakt Table of Contents Prologue ............................................................................................................... 181 I. Introduction ................................................................................................. 183 A. A Brief Constitutional History of Guantanamo ................................... 183 1. The Bush Years (January 2002 to January 2009) ....................... 183 2. The Obama Years (January 2009 to the Present) ........................ 192 a. 2009 ................................................................................... 192 b. 2010 to the Present ............................................................. 199 II. Legislative Restrictions and Their Impact ................................................... 205 A. Restrictions on Transfer and/or Release -
Case 2:15-Cv-00286-JLQ Document 204 Filed 06/26/17
Case 2:15-cv-00286-JLQ Document 204 Filed 06/26/17 1 Emily Chiang, WSBA No. 50517 2 [email protected] AMERICAN CIVIL LIBERTIES UNION 3 OF WASHINGTON FOUNDATION 4 901 Fifth Avenue, Suite 630 Seattle, WA 98164 5 Phone: 206-624-2184 6 Dror Ladin (admitted pro hac vice) 7 Steven M. Watt (admitted pro hac vice) 8 Hina Shamsi (admitted pro hac vice) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 10 Lawrence S. Lustberg (admitted pro hac vice) Kate E. Janukowicz (admitted pro hac vice) 11 Daniel J. McGrady (admitted pro hac vice) 12 Avram D. Frey (admitted pro hac vice) GIBBONS P.C. 13 14 Attorneys for Plaintiffs 15 UNITED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF WASHINGTON 17 SULEIMAN ABDULLAH SALIM, No. 15-CV -0286-JLQ 18 MOHAMED AHMED BEN SOUD, PLAINTIFFS’ REPLY TO OBAIDULLAH (AS PERSONAL 19 DEFENDANTS’ RESPONSE REPRESENTATIVE OF GUL RAHMAN), TO PLAINTIFFS’ 20 STATEMENT OF Plaintiffs, 21 UNDISPUTED MATERIAL FACTS 22 v. NOTE ON MOTION 23 JAMES ELMER MITCHELL and JOHN CALENDAR: 24 “BRUCE” JESSEN JULY 28, 2017, 9:30 A.M., AT 25 Defendants. SPOKANE, WASHINGTON 26 27 PLAINTIFFS’ REPLY TO DEFENDANTS’ AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON RESPONSE TO PLAINTIFFS’ SUMF FOUNDATION No. 15-CV-286 (JLQ) 901 Fifth Ave, Suite 630 Seattle, WA 98164 Page | 1 (206) 624-2184 Case 2:15-cv-00286-JLQ Document 204 Filed 06/26/17 1 Plaintiffs Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and 2 ObaidUllah (as personal representative of Gul Rahman), pursuant to Rule 56 of 3 4 the Federal Rules of Civil Procedure and Rules 7.1 and 56.1 of the Local Rules 5 for the United States District Court, Eastern District of Washington, file this 6 reply to Defendants’ Response to Plaintiffs’ Statement of Undisputed Material 7 Facts (“Defendants’ Response”). -
Download Legal Document
Case 2:15-cv-00286-JLQ ECF No. 247 filed 08/08/17 PageID.9666 Page 1 of 110 1 Emily Chiang, WSBA No. 50517 2 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 3 901 Fifth Avenue, Suite 630 4 Seattle, WA 98164 Phone: 206-624-2184 5 6 Dror Ladin (admitted pro hac vice) Steven M. Watt (admitted pro hac vice) 7 Hina Shamsi (admitted pro hac vice) 8 AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 Lawrence S. Lustberg (admitted pro hac vice) 10 Kate E. Janukowicz (admitted pro hac vice) Daniel J. McGrady (admitted pro hac vice) 11 Avram D. Frey (admitted pro hac vice) 12 GIBBONS P.C. 13 Jeffry K. Finer, WSBA #14610 14 Finer & Winn 35 West Maine Ave, Suite 300 15 Spokane, WA 99201 16 Attorneys for Plaintiffs 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF WASHINGTON 19 SULEIMAN ABDULLAH SALIM, No. 15-cv-0286 (JLQ) 20 MOHAMED AHMED BEN SOUD, OBAIDULLAH (AS PERSONAL 21 PLAINTIFFS’ PROPOSED REPRESENTATIVE OF GUL RAHMAN), JURY INSTRUCTIONS 22 IN ACCORDANCE WITH Plaintiffs, LR 51.1 23 24 v. 25 JAMES ELMER MITCHELL and JOHN 26 “BRUCE” JESSEN Defendants. AMERICAN CIVIL LIBERTIES PLAINTIFFS’ PROPOSED JURY INSTRUCTIONS UNION OF WASHINGTON FOUNDATION Page | 1 901 Fifth Ave, Suite 630 (No. 2:15-CV-286-JLQ) Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 247 filed 08/08/17 PageID.9667 Page 2 of 110 1 In accordance with the Court’s May 30, 2017 Order re: Pretrial Filings 2 and Extending Deadlines (ECF No. -
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. -
Guantanamo and Beyond: Dangers of Rigging the Rules Brian J
Journal of Criminal Law and Criminology Volume 97 Article 2 Issue 4 Summer Summer 2007 Guantanamo and Beyond: Dangers of Rigging the Rules Brian J. Foley Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Brian J. Foley, Guantanamo and Beyond: Dangers of Rigging the Rules, 97 J. Crim. L. & Criminology 1009 (2006-2007) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/07/9704-1009 THEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 97, No. 4 Copyright 0 2008 by Northwestern University, School of Law Printed in USA GUANTANAMO AND BEYOND: DANGERS OF RIGGING THE RULES BRIAN J. FOLEY* Supporters of the U.S. antiterrorism policy of indefinitely imprisoning "enemy combatants" captured in the "War on Terrorism" claim that it gives the Executive needed flexibility for incapacitating potentially dangerous terroristsand interrogatingthem with harsh methods to uncover plans for terrorist attacks. The policy has been widely criticizedfrom its inception, mostly on the grounds that it is illegal and immoral. Bracketing these critiques, this Article argues that this policy is ineffective. The policy impedes the government's ability to conduct the investigations necessary to prevent terrorist attacks because it fosters indiscriminate dragnets, imprisonment, and coercive interrogationsof people who are not terrorists. Given that innocent people are likely to confess falsely when subjected to coercion, the policy risks proliferatingfalse confessions andfalse leads that inundate and mislead investigators. -
Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage
Volume 60 Issue 3 Article 5 11-1-2015 Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage Joseph Pugliese Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the National Security Law Commons Recommended Citation Joseph Pugliese, Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage, 60 Vill. L. Rev. 573 (2015). Available at: https://digitalcommons.law.villanova.edu/vlr/vol60/iss3/5 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. \\jciprod01\productn\V\VLR\60-3\VLR305.txt unknown Seq: 1 15-OCT-15 8:57 2015] Pugliese: Transcendence in the Animal: Guantanamo's Regime of Indefinite De TRANSCENDENCE IN THE ANIMAL: GUANTANAMO’S´ REGIME OF INDEFINITE DETENTION AND THE OPEN IN THE CAGE JOSEPH PUGLIESE* N the closing pages of an essay in which Penny Pether tracks her unwa- Ivering “pursuit of the unspeakable,” she abruptly shifts location from Australia to Charlottesville, Virginia. Visiting Thomas Jefferson’s house, Monticello, she describes a scene that continues to haunt her: Monticello itself is dwarfed by the vast underground warren of rooms where slaves worked to keep the house going, its domestic beauty seeming like a lovely poisoned fungus feeding on hidden corruption. The enslaved