Amnesty International
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
Omar Khadr's Legal Odyssey: the Erasure of Child Soldier As a Legal
GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW(DO NOT DELETE) 4/18/2018 1:10 PM OMAR KHADR’S LEGAL ODYSSEY: THE ERASURE OF CHILD SOLDIER AS A LEGAL CATEGORY M. Mehdi Ali* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 348 II. FACTS .............................................................................................. 349 III. LEGAL BACKGROUND ..................................................................... 351 IV. LEGAL ARGUMENTS ........................................................................ 359 V. CONCLUSION ................................................................................... 367 * J.D., Stanford Law School; M.A., Stanford University; B.A., Stanford University. I am deeply grateful to my parents, Nisar and Mehnaz, and my wife, Sarah, for always encouraging me throughout my academic career. I am also thankful to my siblings, Hadi and Heraa, for their unwavering support, and for their excellent comments and suggestions to an earlier draft of this Article. Lastly, it was a great privilege to work with the editors at the Georgia Journal of International and Comparative Law, and I am indebted to them for their hard work and thoughtful feedback. 347 GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW (DO NOT DELETE) 4/18/2018 1:10 PM 348 GA. J. INT’L & COMP. L. [Vol. 46:347 I. INTRODUCTION After the terrorist attacks of September 11, 2001, U.S. officials warned the American public that they were facing a “new kind of war.”1 The scale of the attacks, conducted by a foreign enemy on the American homeland, allowed the administration to exceed institutional restraints built into the political system. In the name of security, the government launched two wars, rounded up thousands of individuals on the basis of national origin, and dramatically altered long-held notions of liberty and due process. -
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. -
Guantanamo Bay (Also GTMO Or Gitmo) Is a US Naval Base in Cuba Covering 45 Square Miles
Guantanamo Bay (also GTMO or Gitmo) is a US Naval base in Cuba covering 45 square miles. It contains several prison camps, the first of which was established by the Bush Administration in January 2002 to house enemy combatants captured in Afghanistan. The US Government committed to closing the prison by January 2010 however as of March 2011 there are 172 prisoners still housed with no immediate date for closure. This PDF is a text version of the interactive feature, How To Get Out Of Guantanamo. abc.net.au/innovation/gitmo PAGE 1/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 779 DETAINED SINCE 2002 The first 20 prisoners arrived at Guantanamo on Jan 11 2002 from Afghanistan. They were detained under a Military Order issued by President Bush after the 9/11 attacks allowing individuals to be held without charge indefinitely. On Feb 7 2002, Bush signed a memorandum excluding them from prisoner of war status (POW) and Article 3 of the Geneva Convention; Article 3 prohibits unfair trials, torture, cruelty and outrages on human dignity. On March 14, 2008, the last known prisoner arrived at Guantanamo Bay. At its peak capacity Guantanamo has housed about 660 pris- oners (November 2003). 12 of these prisoners have been children under the age of 16. Some inmates were transferred to the prison after being held for months or years in detention at so-called CIA 'black sites'. This included 14 men in 2006 described as 'high value detainees'. REFERENCES: Amnesty International, Guantanamo Timeline (2008) http://www.amnesty.org/en/library/asset/AMR51/148/2008/en/d620ceca-cde2-11dd-b0c5-1f8db3691f48/amr511482008en.html -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S. -
United States District Court for the District of Columbia
RECORD NO. 16-CV-01462 In The United States District Court for the District of Columbia ASADULLAH HAROON “AL AFGHANI” GUL (ISN 3148), Petitioner, v. DONALDJ. TRUMP,et al., Respondents. ______________ BRIEF OF AMICUS CURIAE MINISTRY OF FOREIGN AFFAIRS OF THE ISLAMIC REPUBLIC OF AFGHANISTAN IN SUPPORT OF PETITIONER ______________ Francis A. Vasquez, Jr. [Bar # 442161] Joseph Margulies F.A. VASQUEZ CONSULTING PROFESSOR OF THE PRACTICE 2109 Arrowleaf Drive OF LAW AND GOVERNMENT Vienna, VA 22182 243 Myron Taylor Hall (571) 363-7747 Cornell University Law School [email protected] Ithaca, NY 14850 (607) 255-6477 [email protected] Counsel for Amicus Curiae GibsonMooreAppellateServices,LLC 206 EastCary Street P.O.Box1460(23218) Richmond,VA 23219 804-249-7770 www.gibsonmoore.net TABLEOF CONTENTS Page: TABLEOF AUTHORITIES....................................................................................ii STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE, ITS INTEREST INTHE CASE, AND THE SOURCE OF ITS AUTHORITY TO FILE ITS BRIEF ........................................................................................................ 1 SUMMARYOF THEARGUMENT...........................................................................3 STATEMENTOF FACTS........................................................................................4 ARGUMENT...........................................................................................................10 I. HAROON SHOULD BE RELEASED BECAUSE ALL HOSTILITIES BETWEEN HIA AND THE UNITED STATES HAVE CEASED -
Methods for Addressing Ongoing Torture
P.O. Box 5675, Berkeley, CA 94705 USA METHODS FOR ADDRESSING ONGOING TORTURE Contact Information: Nuha Abusamra, Frank C. Newman Intern or Edith Coliver Intern Representing Human Rights Advocates through University of San Francisco School of Law International Human Rights Law Clinic Tel: 415-422-6961 [email protected] Professor Connie de la Vega [email protected] 1 Introduction State actors regularly violate international law without being held accountable for their violations. Consequently, survivors of torture have not been afforded adequate remedies. In order to ensure justice for torture survivors, there must be documentation of torture in order to promote transparency while simultaneously holding perpetrators of violence accountable. To ensure the effectiveness of the process, victims must be afforded access to legal remedies. The obligations against torture are set forth in the Universal Declaration of Human Rights,1 the Convention Against Torture,2 and the International Covenant on Civil and Political Rights.3 This statement addresses the ongoing issue of torture by noting practices in four countries: the U.S., Syria, Iran, and Russia. I. The Need for Documentation In respect to the four countries mentioned above, there is a need for an impartial observance and documentation of state sponsored torture. In order to begin the transparency process, all states must first recognize the universal prohibition of torture and ill treatment pursuant to treaty obligations. This extends to “all places that the State party controls as a government authority.”4 1 The Universal Declaration of Human Rights, U.N. Doc. A/810 (1948), Article 5, available at: http://www.un.org/en/documents/udhr/. -
The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C
\\jciprod01\productn\C\CIN\45-2\CIN202.txt unknown Seq: 1 2-MAY-12 14:47 Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Jordan J. Paust† Introduction ..................................................... 367 R I. Obama’s Military Commissions Are Not “Regularly Constituted,” Are Ultra Vires, and Lack Jurisdiction ....... 368 R A. Legal Requirements Recognized by the U.S. Supreme Court Cannot Be Met ................................. 368 R 1. Obama Military Commissions Are Not “Regularly Constituted” ....................................... 368 R 2. Obama Military Commissions Lack Jurisdictional Competence ....................................... 375 R B. Further Supreme Court Recognition of Limitations With Respect to Place ................................. 375 R II. Obama Military Commissions Necessarily Violate Treaties Requiring Equal Protection ............................... 378 R A. Multilateral Treaties ................................... 378 R B. Bilateral Treaties ...................................... 381 R III. Significant Procedural Problems Still Persist With the Special Military Commissions ............................ 382 R IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit......................................... 387 R Conclusion ...................................................... 401 R Introduction In March 2011, President Barack Obama announced several steps to broaden the ability of the United States “to bring terrorists to justice,” including revamping the troubled military commissions process to try sus- pected al Qaeda operatives and other accused terrorists held at Guanta- namo Bay, Cuba (“GTMO”), which had been suspended for two years.1 † Mike & Teresa Baker Law Center Professor, University of Houston. 1. Press Release, The White House, Office of the Press Secretary, New Actions on Guantanamo Bay and Detainee Policy (Mar. 7, 2011), available at http:// www.whitehouse.gov/the-press-office/2011/03/07/new-actions-guantanamo-bay-and- detainee-policy. -
Mohammed Jawad and the Military Commissions of Guantánamo
FRAKT IN FINAL.DOC 3/2/2011 1:19:50 PM Essay MOHAMMED JAWAD AND THE MILITARY COMMISSIONS OF GUANTÁNAMO DAVID J. R. FRAKT† INTRODUCTION A. A Brief Summary of Mohammed Jawad’s Detention On December 17, 2002, Mohammed Jawad, then about fourteen or fifteen years old,1 was arrested by Afghan police on suspicion of involvement in a single grenade attack on a U.S. military jeep in a crowded public bazaar in Kabul. The attack injured two U.S. service members and their local interpreter. According to news accounts2 and public statements by senior Afghan officials,3 multiple persons were Copyright © 2011 by David J. R. Frakt. † Associate Professor of Law at the Dwayne O. Andreas School of Law, Barry University. Professor Frakt is a Lieutenant Colonel in the U.S. Air Force Judge Advocate General’s Corps Reserve. He served as a defense counsel in the Office of Military Commissions from April 2008 to August 2009. The views expressed herein are solely the author’s. 1. Jawad does not know his birth date, so it is unknown how old he was at the time of his arrest. Reports from Afghan officials suggest he may have been as young as twelve, while the U.S. government claims he was seventeen. Mohammed Jawad, HUMAN RIGHTS FIRST, http:// www.humanrightsfirst.org/our-work/law-and-security/military-commissions/cases/mohammed- jawad (last visited Jan. 22, 2011). 2. E.g., Waheedullah Massoud, Five Held Over Rare Attack on U.S. Troops in Kabul, AGENCE FRANCE-PRESSE, Dec. 18, 2002, available at Factiva, Doc. -
Omar Khadr: Domestic and International Litigation Strategies for a Child in Armed Conflict Held at Guantanamo
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 2012 Omar Khadr: Domestic and International Litigation Strategies for a Child in Armed Conflict Held at Guantanamo Richard J. Wilson Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the International Humanitarian Law Commons, International Law Commons, Juvenile Law Commons, and the Military, War, and Peace Commons Omar Khadr: Domestic and International Litigation Strategies for a Child in Armed Conflict Held at Guantanamo Omar Khadr: Domestic and International Litigation Strategies for a Child in Armed Conflict Held at Guantanamo Richard J. Wilson* * Richard J. Wilson is Professor of Law and Director of the International Human Rights Law Clinic at American University’s Washington College of Law. He thanks his clinic students for their unending support for, and dedication to, the cause of Omar Khadr. He also wishes to thank Dean Claudio Grossman for his unswerving support for this important work, as well as summer research support. He extends a special thanks to his Dean’s Fellow, Jeremy Kelley, for his careful research and analysis for this Article. 29 11 SANTA CLARA JOURNAL OF INTERNATIONAL LAW 29 (2012) TABLE OF CONTENTS Introduction ......................................................................................32 I. Context: The Khadr Family, the Law, Juveniles Detained at Guantanamo Bay and Elsewhere, and Juveniles in War Crimes Trials in History.......................35 A. The Khadr Family .............................................................................. 36 B. The Law: “Soldiers” in Redefined Paradigms .............................. 37 C. The Law: Children in Armed Conflict ............................................ 42 D. Other Children in U.S. -
Unprivileged Belligerents, Preventive Detention, and Fundamental Fairness
Unprivileged Belligerents, Preventive Detention, and Fundamental Fairness: Rethinking the Review Tribunal Representation Model Geoffrey S. Corn ∗ Peter Chickris ** ∗ Presidential Research Professor of Law, South Texas College of Law; Lieutenant Colonel (Retired), U.S. Army Judge Advocate General's Corps. Prior to joining the faculty at South Texas, Professor Corn served in a variety of military assignments, including as the Army's senior law of war advisor, supervisory defense counsel for the Western United States, Chief of International Law for US Army Europe; and as a tactical intelligence officer in Panama. ** J.D., South Texas College of Law. Mr. Chickris began his involvement on this project as a research assistant, but in light of the significance of his contributions his role evolved into that of co-author. 1 Part I: Introduction Since the United States initiated its military response to the terrorist attacks of September 11 th , 2001, law and respect for legal rights has remained a focal point of legitimacy. No single issue, however, has dominated the legal debate. Instead, like Republican candidates for the presidential nomination, different issues have risen to discourse dominance, only to recede as other issues displaced them. Was the invasion of Afghanistan justified? What was the status of captured Taliban and al Qaeda operatives? What techniques were permissible to interrogate these detainees? Did the detainees have a right to judicial review? Was the invasion of Iraq justified? Was the response to detainee abuses in Iraq sufficient? What was the scope of the armed conflict with al Qaeda, and who was included within the scope of that conflict? What were the limits on the use of remotely piloted drones to attack alleged terrorist operatives? Could that attack authority extend to U.S. -
Raymond Interview
VJD Session One Interviewee: A. Raymond RandolphNathaniel Location: Washington Raymond D.C.Northampton, MassachusettsMA Interviewer: Myron Farber Ghislaine Date: January 15, 2013February 1, 2013 Boulanger (Q-1), Mary Marshall Clark (Q-2) VJD Interviewee: Nathaniel Raymond Session #1 Interviewer: Ghislaine Boulanger; Mary Marshall Clark Northampton, Massachusetts Date: 02/01/2013 GB:Q-1: This is February 1st.st. Mary Marshall Clark -- —I'm Ghislaine Boulanger, and we are here at the Northampton Public Library, and Calvin Coolidge Presidential Library, to interview Nathaniel Raymond. We're very excited to be doing this interview today. And Natty, I am going to start at the very beginning, and ask you where you were born. Raymond: I was born in BrimfieldSpringfield, Massachusetts, at Bay State Medical. I grew up in SpringfieldBrimfield, Massachusetts until I was in eighth grade; then I moved to Northborough, Massachusetts with my mom, and lived there until I went to college in 1995, at Drew University, in Madison, New Jersey. I lived here in Northampton since 2011, and most of my family is out here in western Massachusetts. Q:Q-1: And how did you get involved in this topic of human rights? Raymond -- 1 -- 2 Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Raymond: Well, that's a big question. For me, I grew up very involved in the Episcopal churchChurch, the Episcopal diocese of western Massachusetts, so for me, my first introduction to questions of social justice was through priests, and bishops, and lay people. The church would have been involved in the civil rights movement; and, more than anybody, it was through my mother who, from the earliest days, on a local level -- —my parents were involved in town government in Brimfield, and my mom and dad started this campaign when I was six or seven years old called Stop IT, to prevent -- —there was this company whose initial were IT, that was going to set up in farming country in western Mass.