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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. -
In the Supreme Court of the United States
No. ________ In the Supreme Court of the United States KHALED A. F. AL ODAH, ET AL., PETITIONERS, v. UNITED STATES OF AMERICA, ET AL., RESPONDENTS. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR WRIT OF CERTIORARI DAVID J. CYNAMON THOMAS B. WILNER MATTHEW J. MACLEAN COUNSEL OF RECORD OSMAN HANDOO NEIL H. KOSLOWE PILLSBURY WINTHROP AMANDA E. SHAFER SHAW PITTMAN LLP SHERI L. SHEPHERD 2300 N Street, N.W. SHEARMAN & STERLING LLP Washington, DC 20037 801 Pennsylvania Ave., N.W. 202-663-8000 Washington, DC 20004 202-508-8000 GITANJALI GUTIERREZ J. WELLS DIXON GEORGE BRENT MICKUM IV SHAYANA KADIDAL SPRIGGS & HOLLINGSWORTH CENTER FOR 1350 “I” Street N.W. CONSTITUTIONAL RIGHTS Washington, DC 20005 666 Broadway, 7th Floor 202-898-5800 New York, NY 10012 212-614-6438 Counsel for Petitioners Additional Counsel Listed on Inside Cover JOSEPH MARGULIES JOHN J. GIBBONS MACARTHUR JUSTICE CENTER LAWRENCE S. LUSTBERG NORTHWESTERN UNIVERSITY GIBBONS P.C. LAW SCHOOL One Gateway Center 357 East Chicago Avenue Newark, NJ 07102 Chicago, IL 60611 973-596-4500 312-503-0890 MARK S. SULLIVAN BAHER AZMY CHRISTOPHER G. KARAGHEUZOFF SETON HALL LAW SCHOOL JOSHUA COLANGELO-BRYAN CENTER FOR SOCIAL JUSTICE DORSEY & WHITNEY LLP 833 McCarter Highway 250 Park Avenue Newark, NJ 07102 New York, NY 10177 973-642-8700 212-415-9200 DAVID H. REMES MARC D. FALKOFF COVINGTON & BURLING COLLEGE OF LAW 1201 Pennsylvania Ave., N.W. NORTHERN ILLINOIS Washington, DC 20004 UNIVERSITY 202-662-5212 DeKalb, IL 60115 815-753-0660 PAMELA CHEPIGA SCOTT SULLIVAN ANDREW MATHESON DEREK JINKS KAREN LEE UNIVERSITY OF TEXAS SARAH HAVENS SCHOOL OF LAW ALLEN & OVERY LLP RULE OF LAW IN WARTIME 1221 Avenue of the Americas PROGRAM New York, NY 10020 727 E. -
Murat Kurnaz Released from Guantánamo!
Amnesty International 25 August 2006 AI Index AMR 51/147/2006 Murat Kurnaz had been held for four years and eight months without charge or trial. Guantánamo must be closed! Good News: Murat Kurnaz released from Guantánamo! “Thank God, I am well, but just God that created us knows when I will come back” Murat Kurnaz wrote these words to his family from Guantánamo in March 2002. His dreams of returning home to Germany have only now, finally, been realised. Released from Guantánamo on 24 August 2006, Murat Kurnaz had been held for four years and eight months without charge or trial. The only contact he had been allowed with his family was through heavily censored letters. In a statement, his German lawyer said: “He is now again in the circle of his family. Their joy at embracing their lost son again is indescribable”. Murat’s mother, Rabiye Kurnaz has dedicated these past years to campaigning for her eldest son’s release. In November 2005 she attended an international conference organized by Amnesty International and Reprieve where she spoke of her hopes of being reunited with her son. Now these hopes have become a reality. Murat Kuraz is a Turkish national who was born in Germany in 1982. His prolonged detention in Guantánamo had been complicated by his status – lacking German citizenship, the German authorities had refused his return to Germany. The Turkish authorities had shown little interest in his case. It was only after intense lobbying from his family, lawyers and AI members around the world, including in his home town of Bremen, that the German authorities began to act on his behalf, finally paving the way for his return. -
1. October 19, 2011 To: Robert Nicholson, Minister of Justice and Attorney General of Canada Re: Letter in Support of Private
October 19, 2011 To: Robert Nicholson, Minister of Justice and Attorney General of Canada Re: Letter in Support of Private Prosecutions Filed Against George W. Bush for Torture We, the undersigned human rights non-governmental organizations and individuals, are writing this statement in full support of the private prosecutions against George W. Bush, former President of the United States, being lodged on behalf of three former Guantánamo detainees, and one current detainee, who allege that they were tortured by U.S. officials, and seek a criminal investigation and prosecution against Mr. Bush upon arrival in Canada, for substantive breaches of the Canadian Criminal Code and United Nations Convention Against Torture (CAT). The criminal cases submitted under sections 504, 269.1, 21 and 22 of the Canadian Criminal Code, and the Indictment with an appendix of supporting material attached thereto, (collectively, the “Bush Dossiers”) set forth reasonable and probable grounds to believe that a person who is scheduled to be present on Canadian territory has committed an act of torture. The Case Against George W. Bush The Bush Dossiers allege that George W. Bush, in his capacity of former president of the United States, bears individual responsibility for acts of torture and/or cruel, inhuman and degrading treatment committed against detainees held in U.S. custody or rendered to other countries by the U.S., in that he ordered, authorized, condoned, planned or otherwise aided and abetted such acts, or failed to prevent or punish subordinates for the commission of such acts. As set forth in detail in the Bush Dossiers, including through documentary evidence in the form of inter alia official memoranda issued by Mr. -
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. -
The Wire USA Executes Mentally
The Wire March 2006 Vol. 36. No. 02 AI Index: NWS 21/002/2006 [Page 1] USA executes mentally ill “Today, at 6pm, the State of Florida is scheduled to kill my brother, Thomas Provenzano, despite clear evidence that he is mentally ill... I have to wonder: Where is the justice in killing a sick human being?” Sister of death row inmate, June 2000 By the end of 2005, more than 1,000 men and women had been put to death in the USA since executions resumed in 1977. At least one in 10 of them were suffering from mental illness. In a report released in January, AI listed the stories of a hundred people who had been executed in the USA since 1977 despite clear evidence that they were mentally ill. People like Johnny Garrett, executed in 1992 for a murder committed when he was 17. Like many on the list, Johnny Garrett was severely physically and sexually abused as a child, leaving him brain damaged and chronically psychotic. He was described by a psychiatrist as “one of the most psychiatrically impaired inmates” she had ever examined, and by a psychologist as having “one of the most virulent histories of abuse and neglect... encountered in over 28 years of practice.” Many of the 100 suffered hallucinations or delusions as a result of their mental illness, some had serious brain damage. Yet all were judged mentally competent and able to understand the charges against them – a necessary prerequisite for a death sentence. The judge who found Thomas Provenzano competent for execution found “clear and convincing evidence that Provenzano has a delusional -
Extraordinary Rendition« Flights, Torture and Accountability – a European Approach Edited By: European Center for Constitutional and Human Rights E.V
WITH A PREFACE BY MANFRED NOWAK (UNITED NATIONS SPECIAL RAPPORTEUR ON TORTURE) 1 SECOND EDITION 2 3 CIA- »EXTRAORDINARY RENDITION« FLIGHTS, TORTURE AND ACCOUNTABILITY – A EUROPEAN APPROACH EDITED BY: EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS E.V. (ECCHR) SECOND EDITION 4 5 TABLE OF CONTENTS 09 PREFACE by Manfred Nowak, United Nations Special Rapporteur on Torture © by European Center for Constitutional and Human Rights e.V. (ECCHR) 13 JUSTICE AND ACCOUNTABILITY IN EUROPE – DISCUSSING Second Edition, Originally published in March 2008 STRATEGIES by Wolfgang Kaleck, ECCHR This booklet is available through the ECCHR at a service charge of 6 EUR + shipping. Please contact [email protected] for more information. 27 THE U.S. PROGRAM OF EXTRAORDINARY RENDITION AND SECRET DETENTION: PAST AND FUTURE Printed in Germany, January 2009 by Margaret Satterthwaite, New York University All rights reserved. 59 PENDING INVESTIGATION AND COURT CASES ISBN 978-3-00-026794-9 by Denise Bentele, Kamil Majchrzak and Georgios Sotiriadis, ECCHR European Center for Constitutional and Human Rights (ECCHR) I. The Freedom of Information Cases (USA/Europe) Greifswalder Strasse 4, D-10405 Berlin 59 FOIA Cases in the U.S. Phone: + 49 - (0) 30 - 40 04 85 90 / 40 04 85 91 62 Freedom of Information Cases in Eastern Europe Fax: + 49 - (0) 30 - 40 04 85 92 Mail: [email protected], Web: www.ECCHR.eu II. The Criminal Cases Council: Michael Ratner, Lotte Leicht, Christian Bommarius, Dieter Hummel 68 The Case of Ahmed Agiza and Mohammed Al Zery (Sweden) Secretary General: Wolfgang -
The Guantanamo Trap
The Guantanamo Trap Documentary Running Time: 90 minutes 35 mm/ HD Colour 2011 Germany/Canada/Switzerland The Guantanamo Trap – Press Kit 2011 1 Short Synopsis: In 2006, Murat Kurnaz was released from Guantanamo Bay after being detained for 5 years without trial. The same year, Matthew Diaz, a Navy lawyer was sentenced to 6 months of imprisonment for leaking the names of the detainees to a human rights organization. Four years earlier, Judge Advocate Diane Beaver was also deployed in Guantanamo. Here, she became the author of a legal memorandum that would later be nicknamed: the torture memo. Three encounters with Guantanamo, three individuals, whose lives will be forever changed. Their stories are exemplary and yet unique. The roles they played are ambiguous; the usual definition of victim and perpetrator is secondary. In the legal grey zone of Guantanamo, notions of good and evil, right and wrong lose their meaning. Long Synopsis: The Guantanamo Trap tells the stories of four people whose lives have been irrevocably changed by the Guantanamo Bay Detention Center. Four unique encounters with Guantanamo construct the multi-faceted mirror that The Guantanamo Trap holds up to each of us. In August 2006, Murat Kurnaz was released from the U.S. detention camp in Guantanamo Bay, Cuba. He had been detained for five years without trial. In the same year, Matthew Diaz, Judge Advocate for the Navy, was sentenced to six months of imprisonment for passing on the names of the detainees to a human rights organization. Four years earlier in 2002, Judge Advocate Diane Beaver was also deployed to Guantanamo. -
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 International Criminal Court
The International Criminal Court • an international court set up to prosecute major human rights crimes • Jurisdiction over genocide, crimes against humanity, war crimes, and aggression. • Proceedings may be initiated by (1) state party request, (2) the prosecutor, or (3) UN Security Council resolution. • In (1) and (2), the ICC’s jurisdiction is limited to citizens of member states and individuals accused of committing crimes on the territory of member states. In (3), these limits do not apply. • Principle of Complementarity. The Court acts only if the state of primary juris- diction proves itself “unwilling or unable” to launch criminal proceedings (art. 17). Situations under official investigation by the ICC: Uganda, Democratic Republic of Congo, Sudan (Darfur), Central African Republic (2), Kenya, Libya, Côte d’Ivoire, Mali, Georgia, Burundi. Preliminary Examinations: Afghanistan, Myanmar/Bangladesh (Rohingya crisis), Colombia, Guinea, Iraq (UK), Nigeria, Palestine, Philippines, Ukraine, Venezuela. Convicted by the ICC: Thomas Lubanga (Dem. Rep. of Congo), Germain Katanga (Dem. Rep. of Congo), Bosco Ntaganda (DR Congo), Ahmad Al- Faqi Al-Mahdi (Mali), and a few others for obstruction of justice. Some individuals convicted at trial have been acquitted on appeal. On trial at the ICC: Abdallah Banda Abakaer Nourain (Sudan), Dominic Ongwen (Uganda). Wanted for trial at the ICC: Omar al-Bashir (Sudan), Seif al-Islam Gaddafi (Libya), Joseph Kony (Uganda), and several others Laurent Gbagbo, former president of Côte d’Ivoire • In late 2017, the prosecutor requested permission to open a formal investigation into crimes committed in Afghanistan. The investigation would cover crimes by the Afghan government, the Taliban, and US authorities. -
Returns from Guantanamo to Yemen WATCH
United States/Yemen HUMAN No Direction Home RIGHTS Returns from Guantanamo to Yemen WATCH No Direction Home Returns from Guantanamo to Yemen Copyright © 2009 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-466-4 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org March 2009 1-56432-466-4 No Direction Home Returns from Guantanamo to Yemen Summary ........................................................................................................................................... 1 Recommendations ............................................................................................................................ 6 To the Government of the United States ...................................................................................... 6 To the Government of Yemen ...................................................................................................... 6 To the League of Arab States, Member States of the European Union, and United Nations Specialized Programs ................................................................................................................. -
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