Tag: Detainees

In a speech today (text here), Attorney General Michael Mukasey called on Congress, rather than federal judges, to make the rules for detainees filing habeas challenges.

The Center for Constitutional Rights responds:

“What Mukasey is doing is a shocking attempt to drag us into years of further legal challenges and delays. The Supreme Court has definitively spoken, and there is no need for congressional intervention. The Supreme Court explicitly said in Boumediene that the two prior attempts by Congress to intervene to prevent detainees from having access to the courts were unconstitutional.

“For six and a half years, Congress and the Bush Administration have done their level best to prevent the courts from reviewing the legality of the detention of the men in Guantanamo. Congress should be a part of the solution this time by letting the courts do their job.

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Jury selection in the military commission trial of Guantanamo detainee Salim Hamdan is set to begin Monday morning.

In a nutshell: The Government has charged Hamdan, a driver for Osama bin Laden, mostly with acts that predated 9/11 by years.

The defense says his conduct did not occur "in the context of" an armed conflict, or was not "associated with" an armed conflict.

Hamdan is facing life in prison. Even if acquitted, Bush may decide to hold him indefinitely as an "enemy combatant." As to his jury:

[A]t least five military officers will make up the jury, and a two-thirds vote is required for a guilty verdict. A three-fourths votes is required for sentences that are longer than 10 years.

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Bump and Update: The ACLU weighs in:

"Hamdan's trial, like those of other Guantánamo detainees accused of war crimes, should take place in an ordinary federal court or in a traditional military court. The Guantánamo military commissions allow the government to rely on evidence that the defendant never sees, on hearsay, and on evidence obtained through torture. The commissions are completely inconsistent with the Constitution and should be shut down."

A U.S. District Court judge today denied a continuance request for Salim Hamdan, former driver to Osama bin Laden.

His trial, the first military tribunal trial of a Guantanamo detainee, will begin as scheduled Monday. The judge in that proceeding also has rejected continuance requests.[More...]

Jane Mayer, who has done such great writing on CIA secret prisons for the New Yorker, has written a book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals. It goes on sale this week.

Mayer writes of a Red Cross report warning that the interrogation methods used on Khalid Sheikh Mohammed, Abu Zubaydah and others are war crimes. [More...]

Original Post: 7/2/08

Bush to Consider Closing Guantanamo

ABC News reports that President Bush is holding talks about the future of Guantanamo and may decide to close it.

Update: ACLU response is here.

The U.S. announced today it will seek to file charges that carry the death penalty against Abd al-Rahim al-Nashiri, a Saudi of Yemeni descent captured in 2002 and tranferred to Guantanamo in 2006, who has claimed he confessed because he was tortured during interrogation.

The charges are related to the 2000 USS Cole bombing.

The allegations include conspiracy to violate laws of war, murder, treachery, terrorism, destruction of property and intentionally causing serious bodily injury.

Al-Nashiri was held in an overseas secret prison before being shipped to Gitmo. [More...]

On May 20, 2008, Sabin Willit, a corporate lawyer from Boston who represents Huzaifa Parhat, the Uighur detainee whose designation as an "enemy combatant" was reversed Friday by the D.C. Circuit Court of Appeals, testified before the House Committee on Foreign Affairs, Subcommittee on International Organizations, Human Rights and Oversight. From his testimony:

One of my clients is Huzaifa Parhat. He’s never been charged with anything. He never will be. In fact, he’s been cleared for release for years. Two weeks ago he began his seventh year at Guantanamo.

....Huzaifa lives in a place called Camp Six. My information, which dates from March, is that all the Uighurs but one are kept there. The men call it the dungeon above the ground. Each lives alone in an isolation cell. There is no natural light or air. There is no way to tell whether it is day or night. Outside the cell is a noisy bedlam of banging doors and the indistinct shouts of desperate men crouching at door cracks. A mad-house. Inside the cell, nothing.

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Huzaifa Parhat is a Chinese Muslim, one of many Uighurs held at Guantanamo. (Background here.)

Parhat and the other Uighurs from Western China have been at Gitmo since 2002. In 2004, the Bush Administration acknowledged most were innocent of wrongdoing but insisted that because they could not go back to China without fear of persecution, and since no other country would take them, it had the right to continue to detain them.

Parhat was one of the Uighurs that the Pentagon refused to release. Friday, the D.C. Circuit Court of Appeals ruled he is not an enemy combatant and may seek his freedom.

Parhat is the first detainee to have his "enemy combatant" designation overturned. [More...]

Meet Deuce Martinez. Career narcotics agent turned Five-Star CIA interrogator. Credited with getting Khalid Sheikh Mohammed, Abu Zubaydah and Ramzi Binalshibh to talk.

Waterboarding, belly slaps, sleep deprivation and more. Martinez didn't like getting his hands dirty with the physical abuse, he waited in the wings while others did it and then conducted the interrogations. If the detainee stopped cooperating, it was back to the torture, then back to Martinez. Ultimately, they talked. The value of their information? The CIA says huge, even accounting for the misinformation they were fed. Of course, there's no way to test that theory.

Where did this all occur? Inside the CIA's black hole of choice -- in Poland. [More...]

Omar Khadr, arrested in Afghanistan at age 15 and who has now spent 1/4 of his life at Guantanamo Bay, was given a trial date today of October 8. He faces life in prison.

Omar is a Canadian citizen and a "child of jihad." The Canadian press has been providing excellent coverage of his case. All of our coverage is accessible here.

Omar should be turned over to an international tribunal. He was a child at the time of his capture making him protected by the Geneva Convention on the Rights of the Child. Amnesty International has a full report here.

Sen. Barack Obama today named his National Security team and delivered a prepared speech on the war on terror and Guantanamo. I'm disappointed with it.

Three examples:

There are terrorists who are determined to kill as many Americans as they can. The world’s most dangerous weapons risk falling into the wrong hands. And that is why the single greatest priority of my presidency will be doing anything and everything that I can to keep the American people safe. (my emphasis.)

If you were hoping universal health care or creating more jobs or reducing our country's reliance on incarceration would be his greatest priority, this is a letdown.

On Afghanistan: [More...]

McClatchey newspapers has a new series of investigative reports based on its 8 month investigation into treatment of detainees at Guantanamo Bay.

An eight-month McClatchy investigation of the detention system created after the Sept. 11 terrorist attacks has found that the U.S. imprisoned innocent men, subjected them to abuse, stripped them of their legal rights and allowed Islamic militants to turn the prison camp at Guantanamo Bay, Cuba into a school for jihad.

The report is in 8 parts. Today's segment is U.S. abuse of detainees was routine at Afghanistan bases. As to the investigation, [More...]

Attorney General Michael Mukasey, speaking in Tokyo today, said the Supreme Court's decision yesterday upholding the rights of detainees to challenge the determination they are enemy combatants will not affect the upcoming Military Commissions Act trials.

[Mukasey] said he was disappointed with the decision because it would lead to "hundreds" of detention cases being referred to federal district court.

"I think it bears emphasis that the court's decision does not concern military commission trials, which will continue to proceed," he said. "Instead it addresses the procedures that the Congress and the president put in place to permit enemy combatants to challenge their detention."

There are several levels of detainees at Gitmo. Most have been held for years without charges. A small group have been charged with crimes, including offenses punishable by death. Their trials are by military commission, the rules of which are, in my view, unconstitutional.[More...]

More reaction to the Gitmo detainee decision (pdf):

• National Association of Criminal Defense Lawyers
• ACLU
• Center for Constitutional Rights
• Human Rights First

[More...]

The New York Times, Washington Post and 60 Minutes have published results of investigations into America's immigrant jails, all of which show "alarming evidence of shoddy care, inadequate staffing, lax standards, secrecy and chronic ineptitude." Background here.

The New York Times has an editorial in tomorrow's paper urging passage of the Detainee Basic Medical Care Act, introduced by Rep. Zoe Lofgren (D-CA) and Sen. Robert Menendez (D-NJ.) The House version of the bill, H.R. 5950 is here and the Senate version. S. 3005, is here.

The bill would impose more rigorous standards on the network of more than 300 publicly and privately run prisons that make up the federal system — current rules are voluntary, not legally enforceable and not uniformly followed. And it would require that all deaths be reported to the Justice Department and Congress.

Congress should swiftly pass the bill, putting aside the poisoned debate over illegal immigration, which has no relevance here. Whether immigrants are legal or illegal has nothing to do with their right to humane care. As Ms. Lofgren bluntly put it: “You are not supposed to kill people who are in custody.”

There is no excuse for another life being lost.[More...]