guantánamo global justice initiative center for constitutional news briefing rights september 2008 First habeas corpus hearings Salim Ahmad Hamdan sen- Guantánamo. on the horizon for men at tenced to 5 ½ years, to be Guantánamo completed in six months, at In other military commissions news, close of first military commis- on August 14, members of the de- The men at Guantánamo continue to sion fense team for Mohammad Jawad, await fair hearings before a real a young man at Guantánamo cur- judge, following the Supreme Court In the first verdict to be issued by the rently facing a military commission, decision in June 2008 – the Boume- U.S. military commissions at submitted evidence that a military diene decision – that recognized Guantánamo, Salim Ahmad Ham- psychologist was complicit in their constitutional right to habeas dan was convicted of material sup- Jawad’s abusive treatment at Guan- corpus hearings. Attorneys for the port for terrorism, and acquitted of tanamo. The psychologist assessed Guantánamo detainees, and for the conspiracy charges on August 5, Jawad’s mental condition after he government, have filed a series of 2008. He was sentenced to 66 was seen talking to a poster on his procedural briefs before various months in prison, but the time that he wall, and then authorized for him to judges, including the lead judge in has already been detained counts be kept in isolation, despite what Washington, DC, coordinating many as part of that sentence, meaning his may have been evidence of mental of these cases. The issues to be de- sentence will expire in six months. stress or illness. Jawad, who was cided include how much information Hamdan was found guilty based under 18 when he was captured in each side can demand from the largely upon his role as a paid driver and a teenager when other; the basis for seeking court of . He was found subjected to these tactics, later at- hearings on the evidence; the basis not guilty of three other counts of tempted suicide. The military psy- for allowing out-of-court statements, material support, and of two counts chologist has refused to testify about including hearsay, as evidence; the of conspiracy. The Bush Administra- her experiences based on a protec- right to compel witnesses to appear; tion has not said that the government tion against incriminating herself. In and the amount of proof necessary is required to release Hamdan, or addition, on August 15, Ali Al-Bahlul to justify detention, and who bears any other military commission defen- announced that he refused to partici- the burden of proof. The detainees’ dant, at the end of his sentence, but pate in the commissions process and attorneys are seeking a full process has insisted that the government would boycott the commission for the men at Guantánamo, while could continue to keep him. charging him. the government is seeking to create narrow hearings that provide very Hamdan had previously successfully Guantánamo detainee little due process. For most of the challenged the military commissions files com- cases, the judge required the gov- system, in which the U.S. Supreme plaint before Inter-American ernment to notify the attorneys for the Court ruled that the then-existing sys- Commission on Human men detained before they are trans- tem was invalid and that detainees Rights ferred. This was requested by the at Guantánamo had rights under the attorneys for the detainees so that . The Military On August 6, 2008, Djamel they would know if the government Commissions Act, passed in 2006 Ameziane, an Algerian man held by intended to transfer them to countries by Congress, created a new military the U.S. military at Guantánamo where their lives or safety would be commissions procedure. The new Bay, filed a petition with the Inter- at risk. The government is currently procedures, which deny defendants American Commission on Human challenging the order. The first court many rights recognized in U.S. crimi- Rights (IACHR), asking IACHR to hearings are expected to take place nal courts, continue to be challenged consider the , abuse, and in late September. by advocates for the men at other violations perpe- (continued on pg. 2)

Center for Constitutional Rights www.ccrjustice.org trated against him during his six leged that she was arrested in medical professionals of their ethi- years at Guantánamo. The IACHR Afghanistan on July 17 with reci- cal and legal obligations regard- receives and investigates reports pes for explosives and weaponry, ing participation in torture and of violations of the American Dec- and has not said anything about requesting that the Department of laration of the Rights and Duties of her being detained by the CIA. Defense and CIA remove Califor- Man, to which the is Dr. Siddiqui is accused of grab- nia-based psychologists from such a party. Ameziane’s petition is the bing a soldier’s gun while he was programs. first such complaint to be filed to attempting to arrest her and firing the IACHR by a detainee at the two shots. She, herself, was shot base. The IACHR has already is- and is deeply ill. Dr. Siddiqui is sued preliminary protective meas- rumored to be the “Grey Lady of ures (precautionary measures) to Bagram,” a female prisoner that prevent the US from committing former detainees reported hearing further abuses against Ameziane, at the U.S. prison at Bagram in to consider his release in a timely Afghanistan. manner, and to ensure that he is not returned to a country where he Psychologists against tor- could face abuse once he is re- ture challenge psychologi- leased. The US does not recog- cal role in interrogations nize such precautionary measures and detention about the news briefing.. from the IACHR as binding, how- This news briefing is produced ever. On August 16, 2008, members of monthly by the Center for Consti- the American Psychological Asso- tutional Rights, which coordinates Dr. , sus- ciation rallied outside the organi- the representation of detainees at pected victim of enforced zation’s annual convention, calling Guantánamo Bay with a network disappearance, appears in upon the APA to take a stand of over 500 pro bono habeas Manhattan court in U.S. against psychologists’ participa- counsel. It is translated into Ara- custody tion in interrogations and torture at bic and Dari and is available Guantánamo Bay and elsewhere. online at On August 4, 2008, the U.S. Fed- eral Bureau of Investigation an- Many members of the association http://www.ccrjustice.org/ learn-more/reports/ nounced that longtime disap- have called for the APA to create Guantanamo-newsletter peared person and suspected a formal policy against the involve- “” Dr. Aafia Sid- ment of its members in coercive If you would like to receive this diqui was indeed in U.S. custody. interrogations. While the APA’s newsletter, send us more informa- Dr. Siddiqui is currently being held resolutions have become increas- tion, or get in contact: in New York City, and appeared ingly critical of interrogation proce- in court on August 11, 2008. dures and members are prohibited Center for Constitutional Rights from involvement with waterboard- 666 Broadway, 7th Floor Dr. Siddiqui mysteriously disap- ing or physical abuse, the APA New York, NY 10012 peared, with her three children, continues to support officially the http://www.ccrjustice.org/ from , five years involvement of its members in mili- (212) 614-6443 ago and has been suspected to tary interrogations. [email protected] have been held in secret U.S. “ghost detention” or by Pakistani On August 14, a state resolution intelligence. The location of only passed the California legislature one of her children is currently officially condemning torture and known. The FBI nevertheless al- coercive interrogation and direct- ing licensing boards to remind

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