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Guantanamo Detainee Sues for Public Release of Torture Tapes

Mohammed al Qahtani, from Saudi Arabia, has been detained at Guantanamo for 10 years. This week the Center for Constitutional Rights filed a lawsuit on his behalf seeking public release of his videotaped abusive interrogations.

Mr. al Qahtani’s treatment – which included a litany of abusive techniques ranging from severe sleep deprivation, 20-hour interrogations, isolation, threats by military dogs, exposure to extreme temperatures and religious and sexual humiliation - was partially detailed in a military interrogation log leaked to Time Magazine on March 2, 2006. As a result of this treatment, the senior U.S. official in charge of military commissions determined that U.S. personnel tortured Mr. al Qahtani. Mr. al Qahtani’s attorneys have viewed some of the tapes but are not allowed to discuss the contents. The lawsuit argues it is crucial for the public interest that the tapes be publicly released.

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ACLU Crunches Guantanamo Numbers

The ACLU today published this handy graphic after crunching the numbers on Guatanamo detainees.

Among the stats:

  • 92% of the detainees were never al-Qaeda fighters. 86% were turned over to coalition forces for a bounty. Only 5% were captured by U.S. soldiers.
  • Number of children detained at Gitmo: 21 (the youngest was 13.)
  • The oldest detainee was 98.
  • More than 200 FBI agents reported abusive treatment of detainees
  • At least 16 were tortured in overseas secret prisons before getting to Gitmo
  • 8 detainees have died. 6 were suicides, including a detainee who arrived at Gitmo at age 16 and killed himself at age 21.

There are 171 detainees still at Guantanamo. 89 have been cleared for release. The amount it costs per year to keep the 89 detained at Gitmo: $70 million.

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From Guantanamo to Provence, FR: Boumiediene Tells His Story


Guantanamo will turn 10 years old Wednesday -- it was January 11, 2002 that the first 20 detainees arrived. In the New York Times, Akhdar Boumediene, imprisoned there for 7 years, now living in Provence, France with his wife and children, tells his story.

Boumediene has left his mark on Supreme Court jurisprudence. In his case (opinion here), the Supreme Court ruled that those imprisoned at Gitmo are entitled to their day in court.

Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause’s protections because they have been designated as enemy combatants or because of their presence at Guantanamo.

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Obama Signs Indefinite Detention Bill Into Law

President Obama today signed into the National Defense Authorization Act, which contains the controversial and objectionable provisions on indefinite detention and restrictions on transfers of detainees from Guantanamo. He issued a signing statement with it that doesn't ameliorate the damage.

The ACLU says:

While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use the authorities granted by the NDAA, and would not affect how the law is interpreted by subsequent administrations.

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Minimal Changes Made to Detainee Provsions in NDAA

Here is the final conference report of the National Defense Authorization Act for 2012, with slight changes to the detainee provisions, which were made in response to objections by the Obama Administration. A version with just Subtitle D, entitled “Counterterrorism,” is here. The section continues to page 685. The explanation for the changes is here.

Shorter version: Indefinite detention is here to stay and Guantanamo is not closing anytime soon.

The press release from the Armed Services Committee is here. Here is the old version if you want to track the latest changes. The Detainee provisions begin on page 364.

Sen. Carl Levin puts his spin on the changes here.

Check out the Lawfare Blog for technical analysis and Human Rights Watch's statement saying the bill is fundamentally flawed and Obama should veto the newest version. (Don't count on it.) [More...]

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AP Locates CIA Secret Prison in Romania

The Associated Press and German ARD TV have located the CIA's secret prison in Romania where terror detainees, including Khalid Sheikh Mohammed, Ramzi Binalshibh, Abd al-Nashiri and Abu Faraj al-Libi were held and subjected to harsh interrogation techniques. You can view the building here.

Air transportation was provided by CIA contractor Richmor Aviation Inc., which also operated flights to Guantanamo and Morocco. The prison was closed in 2006. Porter Goss was the CIA Chief during the time it was used to hold the detainees.

A few months ago Reprieve published some of Richmor's billing records for its flights, which had been revealed in a civil lawsuit.

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The Defense Authorization Bill : Only Hope is the Udall Amendment

Unfortunately, the Senate is scheduled to vote Monday or Tuesday on the 2012 Defense Authorization bill with the horrible detainee provisions. The bill is a primer for indefinite military detention until the end of time, considering it encompasses more than al Qaida and the war on terror is endless. It gives the military total control over detainees.

Sen. Levin and McCain are pushing for a vote on new Amendments for Monday evening. The bill is S. 1867, introduced on Nov. 15. You can read or skim the 682 pages here. The detainee matters are in Subtitle D, starting on page 359 with Section 1031. They go through page 378 and Section 1037. The Congressional Record for Nov. 18 has the most recent events, including a statement by Sen. Levin as to why he thinks the Levin/McCain Amendment is more than fair and the Administration's objections are unfounded.

There are dozens of pending amendments, including the most important one by Colorado Sen. Mark Udall, who explains his amendment here [More...]

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White House Threatens Veto of Defense Bill Over Indefinite Detention Provisions

The White House is threatening to veto the defense spending bill over the House-Senate compromise on indefinite detention.

More here and here.

Congress passed a temporary funding bill today to avoid a government shutdown.

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Bagram: America's Second Guantanamo

CBS News has a new report on the U.S. detention program at Bagram in Afghanistan:

Today, there are more than 3,000 detainees at Bagram, or five times the number (around 600) when President Barack Obama took office in January 2009. There are currently 18 times as many detainees at Bagram than at the U.S. military prison at the Guantanamo Bay, Cuba, naval base, whose prisoner population has dwindled from a peak of 780 to 170.

The military has changed the name of the facility to the Detention Facility in Parwan (DFIP).

DOD is now reviewing bids from contractors to expand the facility to house up to 5,500 detainees. The project is expected to cost another $25 to $100 million when it is completed by the end of 2012.

In May, 2011, Human Rights First published this report on Bagram, Detained and Denied in Afghanistan. At that time, their were 1,700 detainees at Bagram. "The Department of Defense won't release the names of its Bagram detainees or its reasons for holding them indefinitely."

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Guantanamo: Most Expensive Prison on the Planet

Carol Rosenberg of McClatchy reports on the cost of housing inmates at Guantanamo in the Miami Herald. It costs $800,000 a year to house one detainee, according to a letter Eric Holder and Leon Pannetta sent Congress this summer. There are 171 detainees still at Guantanamo.

Congress, determined to keep Gitmo open, authorized provided $139 million for its operation last year. Why isn't it under consideration for part of the $1.5 trillion budget cut?

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Rumsfeld to Bush: "I Don't Do Detainees"

Condoleeza Rice has written a 734 page memoir of her time in the Bush Administration (first as National Security Adviser and then as Secretary of State.) The New York Times has an advance copy. It says she recounts her clashes with Dick Cheney, Alberto Gonzales and Rumsfeld. Rice describes the meeting with Cheney and Bush where Bush decided to move Khalid Sheikh Mohammed from an overseas secret prison to Guantanamo. As to Rumsfeld:

Ms. Rice writes that he tried to avoid such issues, at one point marching out of a meeting and saying, “I don’t do detainees.” [More...]

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Four Detainees Sue George Bush in Canada

Three former detainees at Guantanamo and/or Afghan detention facilities, and one current Guantanamo detainee got a Canadian justice of the peace to file their lawsuit against George Bush alleging torture. A hearing date has been set for Jan. 12. The Complaint, called a Private Prosecution, and supporting sworn documents are here. The factual and legal basis for prosecuting Bush under the Canadian Criminal Code and Convention Against Torture begins on page 20.

The detainees are: Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz:

[E]ach endured years of inhumane treatment including beatings, chaining to cell walls, being hung from walls or ceilings while handcuffed, lack of access to toilets, sleep, food and water-deprivation, exposure to extreme temperatures, sensory overload and deprivation, and other horrific and illegal treatment while in U.S. custody at military bases in Afghanistan and/or at the detention facility at Guantánamo Bay.

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AG Holder Says Obama Will Still Try to Close Guantanamo

In Brussels, Attorney General Eric Holder said Obama remains committed to closing Guantanamo despite Republican opposition. If he doesn't get it done before the election, he'll keep trying after.

"We will be pressing for the closure of the facility between now and then - and after that election, we will try to close it as well," Holder said. "Some people have made this a political issue without looking at, I think, the real benefits that would flow from the closure of the facility."

He also said there will be no return to harsh interrogation techniques/torture:

Holder also said that the United States would stick to the "fundamental break" with some interrogation techniques that were criticized around the world as amounting to torture...."We have indicated that certain techniques that were used previously are in fact torture, and will not be engaged in again by the United States," Holder said.

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Court Case Exposes Principal Role of DynCorp in Operating Ghost Air Rendition Flights

A lawsuit between two private contracting companies that transported detainees between the U.S., Guantanamo and secret black-hole overseas prisons has revealed major new details about the Government's secret rendition program under George W. Bush and Dick Cheney.

The company is DynCorp, now known as Dyncorp Internatiobal.[More...]

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Obama Resumes Extra-Judicial Detentions

Ahmed Abdulkadir Warsame, a Somalian man indicted in New York today was held for two months and interrogated on a U.S. Navy ship. The Obama Administration describes him as a militant with ties to AQAP and al Shabab, and says he was designated an "important target." My translation: He was on the kill or capture list and we decided to go for capture rather than kill this time. Next time could be different.

Obama officials say the new policy of holding detainees for interrogation on Navy Ships is much different than the previous Bush policy. The interrogations are more humane and they get Miranda warnings...after being interrogated. [More...]

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