DOCSLIB.ORG

OMAR AHMED KHADR Respondent -And

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

File No.: 33289 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: THE PRIME MINISTER OF CANADA, THE MINISTER OF FOREIGN AFFAIRS, THE DIRECTOR OF THE CANADIAN SECUFUTY INTELLIGENCE SERVICE, and THE COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE Appellants - and - OMAR AHMED KHADR Respondent -and- AMNESTY INTERNATIONAL (CANADIAN SECTION, ENGLISH BRANCH), HUMAN RIGHTS WATCH, UNIVERSITY OF TORONTO, FACULTY OF LAW - INTERNATIONAL HUMAN RIGHTS PROGRAM AND DAVID ASPER CENTRE FOR CONSTITUTIONAL RIGHTS, CANADIAN COALITION FOR THE RIGHTS OF CHILDREN AND JUSTICE FOR CHILDREN AND YOUTH, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION, CRIMINAL LAWYERS' ASSOCIATION (ONTARIO), CANADIAN BAR ASSOCIATION, AVOCATS SANS FRONTIERES CANADA, BARREAU DU QUEBEC ET GROUPE D'ETUDE EN DROITS ET LIBERTES DE LA FACULTE DE DROIT DE L'UNIVERSITE LAVAL, CANADIAN CIVIL LIBERTIES ASSOCIATION and NATIONAL COUNCIL FOR THE PROTECTION OF CANADIANS ABROAD Interveners RESPONDENT'S FACTUM NATHANJ. WHITLINGAND DENNISEDNEY LANGMICHENER LLP Parlee McLaws LLP Lawyers #1500, 10180 - 101 Street #300, 50 O'Connor Street Edmonton AB T5J 4Kl Ottawa, ON KIP 6L2 Telephone: (780) 423-8658 PER: MARIE-FRANCEMAJOR Facsimile: (780) 423-2870 Telephone: (6 13) 232-7 171 Email: [email protected] Fax: (613) 231-3191 dedney@,shaw.ca Email: rnrnajor@,lanmichener.ca Counsel for the Respondent Agent Counsel for the Respondent DOREENMUELLER DEPARTMENTOF JUSTICECANADA Department of Justice Canada Room #1161, Bank of Canada Bldg. Prairie Region, #211 Bank of Montreal Bldg. 234 Wellington Street 10199 - 101 Street, N.W. Ottawa, ON KIA OH8 Edmonton, AB T5J 3Y4 PER: ROBERTJ. FRATER Telephone: (780) 495-8352 Telephone: (6 13) 957-4763 Facsimile: (780) 495-5835 Fax: (613) 954-1920 Email:[email protected] Email: robert.frater~,iustice.gc.ca-. Counsel for the Appellants Agent Counsel for the Appellants SACHA R. PAUL COMMUNITYLEGAL SERVICES Thompson Dorfman Sweatman LLP -OTTAWACARLETON 2200 - 201 Portage Avenue 1 Nicholas Street, Suite #422 Winnipeg, MB Ottawa, ON KIN 7B7 Telephone: (204) 934-2571 PER: MICHAELBOSSIN FAX: (204) 934-0571 Telephone: (6 13) 241 -7008 E-mail: srp@,tdslaw.com- FAX: (613) 241-8680 Counsel for the Intervener Amnesty Email: bossinrn@,lao.on.ca International (Canadian Agent Counsel for the Intervener Section, English Branch) Amnesty International (Canadian Section, English Branch) JOHN NORRJS AND BRYDJE BETHELL LANGMJCHENER LLP 100 - 116 Simcoe Street 300 - 50 O'Connor Street Toronto, ON M5H 4E2 Ottawa, ON KIP 6L2 Telephone: (416) 596-2960 PER: MARIE-FRANCE MAJOR FAX: (416) 596-2598 Telephone: (6 13) 232-71 7 1 Email: inorris@,dcdlaw.ca FAX: (613) 231-3191 Email: bbethell@,dcdlaw.ca- E-mail: [email protected] Counsel for the Intervener Human Rights Agent Counsel for the Intervener Watch, University of Toronto, Faculty of Human Rights Watch, University of Law - International Human Rights Toronto, Faculty of Law - Program and David Asper Centre for International Human Rights Constitutional Rights Program and David Asper Centre for Constitutional Rights EMILY CHAN SOUTHOTTAWA COMMUNITY Justice for Children and Youth LEGALSERVICES 1203 - 4 15 Yonge Street 406 - 1355 Bank Street Toronto, ON M5B 2E7 Ottawa, ON K1H 8K7 Telephone: (41 6) 920-1633 PER: CHANTAL TIE FAX: (41 6) 920-5855 Telephone: (61 3) 733-0140 E-mail: chane@,lao.on.ca FAX: (613) 733-0401 Counsel for the Intervener Canadian Agent Counsel for the Intervener Coalition for the Rights of Children and Canadian Coalition for the Rights of Justice for Children and Youth Children and Justice for Children and Youth JOSEPH J. ARVAY, Q.C. HAMEEDFARROKHZAD LLP Arvay Finlay 43 Florence Street 1350 - 355 Burrard Street Ottawa, ON K2P OW6 Vancouver, BC V6C 2G8 PER: YAVAR HAMEED Telephone: (604) 689-442 1 Telephone: (613) 232-2688, Ext: 228 FAX: (604) 687-1941 FAX: (613) 232-2680 E-mail: [email protected] E-mail: [email protected] Counsel for the Intervener British Agent Counsel for the Intervener Columbia Civil Liberties Association British Columbia Civil Liberties Association BRIAN H. GREENSPAN GOWLINGLAFLEUR HENDERSON LLP Greenspan Humphrey Lavine 2600 - 160 Elgin Street 15 Bedford Road Box 466 Station D Toronto, ON M5R 2J7 Ottawa, ON KIP 1C3 Telephone: (416) 868-1755 PER: BRIAN A. CRANE, Q.C. FAX: (416) 868-1990 Telephone: (613) 233-1781 E-mail: bhg@, 15bedford.com FAX: (613) 563-9869 Counsel for the Intevener Criminal E-mail: brian.crane@gowlin~s.com Lawyers' Association (Ontario) Agent Counsel for the Intervener Criminal Lawyers' Association(0ntario) LORNE WALDMAN GOWLINGLAFLEUR HENDERSON LLP Waldman & Associates 2600 - 160 Elgin Street 28 1 Eglinton Avenue East P.O. Box 466, Stn "DM Toronto, Ontario Ottawa, ON KIP 1C3 M4P 1L3 PER: HENRYS* BROWN, Q.C. Telephone: (416) 482-6501 Telephone: (613) 233-1781 FAX: (41 6) 489-961 8 FAX: (613) 788-3433 E-mail: lawald@,web.apc.org E-mail: henry.brown@,~owlings.com Counsel for the Intervener Canadian Bar Agent Counsel for the Intervener Association Canadian Bar Association SIMONV. POTTER McCarthy Tetrault, s.e.n.c.r.l., s.r.1. 2500 - 1000, rue De la Gauchetiere Ouest Montreal, Quebec H3B OA2 Telephone: (5 14) 397-4268 FAX: (5 14) 875-6246 E-mail: [email protected] Counsel for the Intervener Avocats sans frontihres Canada, Barreau du QuCbec et Groupe dlCtude en droits et libertCs de la Faculti! de droit de llUniversitC Lava1 MARLYSA. EDWARDH GOWLINGLAFLEUR HENDERSON LLP Marlys Edwardh Barristers Professional 2600 - 160 Elgin Street Corporation Box 466 Station D 20 Dundas Street West, Suite 1100 Ottawa, ON KIP 1C3 Toronto, ON M5G 2G8 PER: BRIANA. CRANE,Q.C. Telephone: (416) 597-9400 Telephone: (613) 233-178 1 FAX: (416) 597-0070 FAX: (61 3) 563-9869 E-mail: edwardh@,marlysedwardh.com E-mail: brian.crane@,aowlinas.com Counsel for the Intervener Canadian Agent Counsel for the Intervener Civil Liberties Association Canadian Civil Liberties Association DEANPEROFF LANGMICHENER LLP Amsterdam & Peroff 300 - 50 O'Connor Street 35 Alvin Avenue Ottawa, ON KIP 6L2 Toronto, ON M4T 2A7 PER: EUGENE MEEHAN,Q.C. Telephone: (416) 367-4100 Telephone: (613) 232-71 71 FAX: (416) 367-0076 FAX: (613) 231-3191 E-mail: peroff@,amperlaw.com- E-mail: [email protected] Counsel for the Intervener National Agent Counsel for the Intervener Council For the Protection of Canadians National Council For the Protection Abroad of Canadians Abroad TABLE OF CONTENTS PART I: STATEMENT OF FACTS .................................................................................... Overview .................................................................................................................. The Respondent's Unlawful Conscription and Detention .................................. The Legal Regime at GTMO and Resulting Litigation ....................................... The Respondent's Torture at Bagram .................................................................. The Respondent's Torture at GTMO ................................................................... The Use of Sleep Deprivation and the "Frequent Flyer Program" ..................... Canada's Participation in GTMO's "Enhanced Interrogation Process" ........... Canada's Complicity in the Frequent Flyer Program" ........................................ Subsequent Consideration of the Frequent Flyer Program ................................. The Interim Injunction Issued by Justice von Finckenstein ................................ Khadr 2008 ............................................................................................................... The Respondent's Policy and Reasons .................................................................. PART 11: ISSUES ................................................................................................................... PART 111: ARGUMENT ........................................................................................................ A . Brief Overview of the Respondent's Response to the Crown's Arguments ....... B . Res Judicata. Issue Estoppel. and the Earlier Proceedings ................................. C . Jurisdiction .............................................................................................................. D . Standard of Review ................................................................................................. E . Applicable Provisions of the Charter ..................................................................... F . The Crown's Complicity in the GTMO Interrogation Process .......................... (i) The Effect of Previous Decisions .................................................................... (ii) State Responsibility for Internationally Wrongful Acts Under International Law .................................................................................................................. (iii) The Treatment in which the Crown Participated was "Cruel and Unusual Treatment" ...................................................................................................... (iv) The Crown's Complicity in Arbitrary Detention and Related Violations ...... (v) Conclusions on the Crown's Complicity in the GTMO Interrogation Process G. "Special Circumstances" and the "Duty to Protect" ........................................... (i) "Serious Breaches" of Peremptory Norms of International Law ...................... (ii) Positive Obligations Arising under the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict
Recommended publications
  • Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse

    Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse

    USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence
  • Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal

    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 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

    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.
  • Interrogation, Detention, and Torture DEBORAH N

    Interrogation, Detention, and Torture DEBORAH N

    Finding Effective Constraints on Executive Power: Interrogation, Detention, and Torture DEBORAH N. PEARLSTEIN* INTRODUCTION .....................................................................................................1255 I. EXECUTIVE POLICY AND PRACTICE: COERCIVE INTERROGATION AND T O RTU RE ....................................................................................................1257 A. Vague or Unlawful Guidance................................................................ 1259 B. Inaction .................................................................................................1268 C. Resources, Training, and a Plan........................................................... 1271 II. ExECuTrVE LIMITs: FINDING CONSTRAINTS THAT WORK ...........................1273 A. The ProfessionalM ilitary...................................................................... 1274 B. The Public Oversight Organizationsof Civil Society ............................1279 C. Activist Federal Courts .........................................................................1288 CONCLUSION ........................................................................................................1295 INTRODUCTION While the courts continue to debate the limits of inherent executive power under the Federal Constitution, the past several years have taught us important lessons about how and to what extent constitutional and sub-constitutional constraints may effectively check the broadest assertions of executive power. Following the publication
  • FOIA) Document Clearinghouse in the World

    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.
  • United States of America: Compliance with the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict

    United States of America: Compliance with the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict

    United States of America: Compliance with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict Submission to the Committee on the Rights of the Child from Human Rights Watch and Human Rights First April 2012 Summary Since its initial report and review in 2008, the United States has taken important steps to prevent the deployment of 17-year-old soldiers to areas of hostilities and has improved its oversight of, and response to, incidents of recruiter irregularities and misconduct. It has enacted new legislation intended to prevent the recruitment and use of child soldiers, including the Child Soldiers Accountability Act of 2008 and the Child Soldiers Prevention Act of 2008. In 2012, the Child Soldiers Accountability Act was used for the first time when a former military commander from Liberia was ordered deported by an immigration judge. In 2011, under the Child Soldiers Prevention Act, the US acted to withhold US$2.7 million in foreign military financing from the government of the Democratic Republic of Congo until the Congolese armed forces took steps to end its recruitment and use of child soldiers. The United States continued to provide support internationally for rehabilitation and reintegration programs for former child soldiers. Despite positive steps, concerns regarding US implementation of its obligations under the Optional Protocol include: Recruiter misconduct: Although substantiated cases of recruitment misconduct make up a very small percentage of total recruitment cases, reports still indicate that recruiters may falsify 1 documents, fail to obtain parental consent for underage recruits, and engage in sexual misconduct with girls under age 18.
  • No Torture. No Exceptions

    No Torture. No Exceptions

    NO TORTURE. NO EXCEPTIONS. The above sketch by Thomas V. Curtis, a former Reserve M.P. sergeant, is of New York Times an Afghan detainee, Dilawar, who was taken into U.S. custody on December 5, 2002, and died five days later. Dilawar was deprived of sleep and chained to the ceiling of his cell—techniques that the Bush administration has refused to outlaw for use by the CIA. Further, his legs were, according to a coroner, “pulpified” by repeated blows. Later evidence showed that Dilawar had no connection to the rocket attack for which he’d been apprehended. A sketch by Thomas Curtis, V. a Reserve M.P./The 16 January/February/March 2008 Introduction n most issues of the Washington Monthly, we favor ar- long-term psychological effects also haunt patients—panic ticles that we hope will launch a debate. In this issue attacks, depression, and symptoms of post-traumatic-stress Iwe seek to end one. The unifying message of the ar- disorder. It has long been prosecuted as a crime of war. In our ticles that follow is, simply, Stop. In the wake of Septem- view, it still should be. ber 11, the United States became a nation that practiced Ideally, the election in November would put an end to torture. Astonishingly—despite the repudiation of tor- this debate, but we fear it won’t. John McCain, who for so ture by experts and the revelations of Guantanamo and long was one of the leading Republican opponents of the Abu Ghraib—we remain one. As we go to press, President White House’s policy on torture, voted in February against George W.
  • The Virtues and Vices of Advocacy Strategies in the War on Terror

    The Virtues and Vices of Advocacy Strategies in the War on Terror

    Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 4-2009 The etD ainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror Peter Margulies Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Criminal Law Commons, Human Rights Law Commons, International Law Commons, Law and Politics Commons, and the Legal Profession Commons Recommended Citation Peter Margulies, The eD tainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror, 57 Buff. L. Rev. 347, 432 (2009) This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. +(,121/,1( Citation: 57 Buff. L. Rev. 347 2009 Provided by: Roger Williams University School of Law Library Content downloaded/printed from HeinOnline Thu Nov 17 10:09:44 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information BUFFALO LAW REVIEW VOLUME 57 APRIL 2009 NUMBER 2 The Detainees' Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror PETER MARGULIESt INTRODUCTION For detainees in the war on terror, advocacy outside of court is often the main event.' Analysis of advocacy through the prism of Supreme Court decisions 2 resembles surveying t Professor of Law, Roger Williams University School of Law; e-mail: [email protected].
  • Usa Amnesty International's Supplementary Briefing To

    Usa Amnesty International's Supplementary Briefing To

    AI Index: AMR 51/061/2006 3 May 2006 USA AMNESTY INTERNATIONAL’S SUPPLEMENTARY BRIEFING TO THE UN COMMITTEE AGAINST TORTURE This briefing includes further information on the implementation by the United States of America (USA) of its obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention; UN Convention against Torture), with regard to the forthcoming consideration by the UN Committee Against Torture (the Committee) of the USA’s second periodic report.(1) The briefing updates Amnesty International’s concerns with regard to US "war on terror" detention, interrogation and related policies, as outlined in its preliminary briefing of August 2005, and provides additional information on domestic policies and practice. US OBLIGATIONS UNDER THE CONVENTION WITH RESPECT TO DETAINEES HELD IN THE CONTEXT OF THE "WAR ON TERROR" 1. General supplementary observations on definitions of torture and use of torture under interrogation, including deaths in custody (Articles 1 and 16) Evidence continues to emerge of widespread torture and other cruel, inhuman or degrading treatment of detainees held in US custody in Afghanistan, Guantánamo Bay, Cuba, Iraq and other locations. While the government continues to assert that abuses resulted for the most part from the actions of a few "aberrant" soldiers and lack of oversight, there is clear evidence that much of the ill-treatment has stemmed directly from officially santioned procedures and policies, including interrogation techniques approved by Secretary of Defense Rumsfeld for use in Guantánamo and later exported to Iraq.(2) While it seems that some practices, such as "waterboarding", were reserved for high value detainees, others appear to have been routinely applied during detentions and interrogations in Afghanistan, Guantánamo and Iraq.
  • The Current Detainee Population of Guantánamo: an Empirical Study

    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.
  • UNITED NATIONS WORKING GROUP on ARBITRARY DETENTION In

    UNITED NATIONS WORKING GROUP on ARBITRARY DETENTION In

    PETITION TO: UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION In the matter of Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah) Palestinian v. Government of the United States of America Government of the Kingdom of Thailand Government of the Republic of Poland Government of the Kingdom of Morocco Government of the Republic of Lithuania Government of the Islamic Republic of Afghanistan Government of the United Kingdom Submitted by [signature] Helen Duffy international representative of the applicant Human Rights in Practice [address] [phone], [email protected] Submitted: 30.04.2021 Abu Zubaydah v. the United States and 6 others Individual Complaint and Request for Urgent Action under the procedures of the UN Working Group on Arbitrary Detention and Name: Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah) Sex: Male Age: (31 at the time of detention; 50 today) Nationality/Nationalities: Palestinian Address of usual residence: Internment Facility at the US Guantánamo Bay Naval Base, Cuba States against which this complaint is lodged: United States, Afghanistan, Lithuania, Morocco, Poland, Thailand and the United Kingdom. 1 INTRODUCTION ................................................................................................................................................................. 1 1.1 OVERVIEW OF CLAIM ............................................................................................................................................................. 1 1.2 RELIEF SOUGHT AND URGENT ACTION .....................................................................................................................................