Tag: Guantanamo (page 17)

Abdul Razzak,a 68 year old Afghan detainee at Guantanamo, has died of colorectal cancer. He was undergoing chemotherapy.

Razzak is the only detainee to die of natural causes -- the other four deaths were suicides.

Razzak was diagnosed in September, and began receiving chemo in October. The Pentagon insists he's a jihadist. From AFP News:

U.S. authorities alleged that Razzak conducted an escort mission for Osama bin Laden and was involved in attempts to assassinate Afghan officials. He denied the accusations.

Here's the summary of evidence against him from his Classified Review Hearing (pdf.) He said he worked with American intelligence, safeguarded the officers, stood guard over them and escorted them "all over the mountains." He wanted to help them with security.

He also said he was a nurse and worked at a hospital for two years, getting the assignment from the Red Cross. He also worked in security for the Afghan government. He told the hearing officers the Taliban had been brutal to him. They jailed him three times. He said he opposes the Taliban and those responsible for September 11. The hearing officers said he was cooperative and educated.

Razzak insisted he was framed by a man named Pasha Khan, and that Khan's nephew, Jan Baz turned him in for a reward.

The hearing officers thought he was being repetitive in his comments. That's what people do when they think they're innocent and no one's listening, they repeat themselves. A quick review of the transcript shows him to be very intent on clearing himself. Now, he'll never get the chance.

With the return of ten Saudi detainees this week, the population of Guantanamo Bay now stands at 275.

Those repatriated to Saudi Arabia have received financial help from the government to rebuild their lives, and many have been allowed to go free.

...The United States agreed to return the men with the understanding that Saudi Arabia will mitigate that risk, partly through a state program to reintegrate former detainees into civilian life, said Navy Cmdr. Jeffrey Gordon, a Defense Department spokesman.

Hopefully the rest will go home soon and Gitmo will be closed. May it always be remembered as an internment camp. As Christopher Brauchli wrote in 2003:

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Australian David Hicks, imprisoned since 2001 when he was captured in Afghanistan and sent to Guantanamo, has been released from an Australian jail. He's free.

One catch: His transfer agreement with the Government says he cannot speak to the media for one year.

Hicks refused to speak to the media directly for fear of being sent back to Guantanamo Bay. Under his plea deal, Hicks agreed to remain silent about his time in custody and treatment and also forfeited any right to appeal his conviction. He agreed not to speak with the news media for a year from his sentencing date.

"It is my intention to honor this agreement as I don't want to do anything that might result in my return there," Hicks said in the statement.

While Hicks is now free, he's still got strict conditions attached to his liberty:

The magistrate ordered Hicks to report to police three times a week and obey a curfew by staying indoors at premises to be agreed on by police. Other restrictions include that he not leave Australia or contact a list of terror suspects. The restrictions will last for one year.

Update: C-Span 3 is stream and playing the audio of the hearing now (11:44 am ET). The AP now has a report, Justices Grill Detainees' Lawyer, on how the arguments went.

The Supreme Court today is hearing oral arguments in the consolidated cases of Boumediene v. Bush and Al Odah v. U.S., 06-1196 regarding the rights of Guantanamo detainees to challenge the legality of their confinement in federal courts.

Lawyers for the foreign detainees contend the courts must step in to rein in the White House and Congress, which changed the law to keep the detainee cases out of U.S. courts after earlier Supreme Court rulings. The most recent legislation, last year's Military Commissions Act, strips federal courts of their ability to hear detainee cases.

Solicitor General Paul Clement, representing the administration, said foreigners captured and held outside the United States "have no constitutional rights to petition our courts for a writ of habeas corpus," a judicial determination of the legality of detention.

The Court may have to determine whether Guantanamo Bay in Cuba is really on U.S. soil. [More...]

Via Wired Magazine, a second sensitive Guantanamo document has been leaked and published by Wikileaks. It contains details about transporting detainees in secret renditions.

You can read it here (pdf).

This is a big week for the Center for Constitutional Rights with the Supreme Court about to hear oral arguments in the Guantanamo case, Al Odah v. United States. To raise consciousness on the case, it tried to buy an ad on Fox News. Fox rejected the ad. CCR says (no link yet, received by e-mail):

In our ad, Danny Glover says the Bush administration is “destroying the Constitution,” and they said we needed proof. Were they expecting video of Bush sneaking into the Library of Congress with a shredder? I wonder how many times Bill O’Reilly has accused someone of destroying America or destroying Christmas?

You can watch the ad, Rescue the Constitution, here.

The CCR also has a campaign to send President Bush a copy of the Constitution as a Christmas present.

An accuser's motive to lie might be apparent to the accused, but what happens when the accused isn't allowed to learn the accuser's identity? Despite the administration's assurances that Guantánamo detainees will receive fair trials, Omar Ahmed Khadr will begin his trial with a significant handicap: he won't know who will be testifying against him.

Defense lawyers preparing for the war crimes trial of a 21-year-old Guantánamo detainee have been ordered by a military judge not to tell their client — or anyone else — the identity of witnesses against him, newly released documents show.

The right to confront witnesses is essential to a fair trial. How can a detainee's exercise of that right be meaningful when the detainee doesn't even know who the witness is?

Defense lawyers say the order would hamper their ability to build an adequate defense because they cannot ask their client or anyone else about prosecution witnesses, making it difficult to test the veracity of testimony.

In the administration's view, the vague fear of "terrorist retaliation" against their anonymous witnesses outweighs the accused's right to know the identity of his accuser. So much for the empty promise of fair trials for the Guantánamo detainees.

A sensitive manual on Guantanamo detainees has been leaked.

The 238-page document, "Camp Delta Standard Operating Procedures," is dated March 28, 2003. It is unclassified, but designated "For Official Use Only." It hit the web last Wednesday on Wikileaks.org.

What's Wikileaks?

The Pentagon has been resisting -- since October 2003 -- a Freedom of Information Act request from the American Civil Liberties Union seeking the very same document.

Anonymous open-government activists created Wikileaks in January, hoping to turn it into a clearinghouse for such disclosures. The site uses a Wikipedia-like system to enlist the public in authenticating and analyzing the documents it publishes.

As to the document itself, it's a layout of Camp Delta and its policies. The full, 237 page document is here.

[Hat tip to reader Scribe.]

The ACLU will be at Guantanamo tomorrow to monitor the military commission hearing of Omar Khadr. The process so far:

Khadr, now 21, was 15 years old when he was captured by U.S. forces in Afghanistan. He is the first detainee to face a military commission since June when charges against him and a Yemeni prisoner, Salim Hamdan, were thrown out by military judges who said the commission lacked proper jurisdictional authority to prosecute them. The military judges ruled that the two defendants had not been designated “unlawful enemy combatants” as required under the Military Commission Act signed into law by President Bush in October 2006.

The U.S. government appealed the dismissal of the cases, and the newly established U.S. Court of Military Commission Review – a panel of three military officers appointed by the Pentagon – reinstated the charges in September by deciding that the military commission judges have the authority to decide whether detainees should be deemed “unlawful” enemy combatants. Despite an appeal filed by Khadr’s lawyers with the United States Court of Appeals for the District of Columbia, the military judge in Khadr’s case, Col. Peter Brownback, will hear the case Thursday.

Omar is a Canadian teenager and child of Jihad, captured in Afghanistan and sent to Gitmo where he alleges he was tortured.

In February, his U.S. lawyer told reporters the teenager had been used as a human mop to clean urine on the floor and had been beaten, threatened with rape and tied up for hours in painful positions at Guantanamo Bay.

I'll believe it if it happens, but according to the New York Times, Bush administration officials are discussing providing more legal rights to the Guantanamo detainees it seeks to hold as enemy combatants.

The discussions are described as a step on the road to closing Gitmo. Why the change of heart? The Administration may be fearful the next case the Supreme Court decides will be too generous to the detainees.

The administration has fought for years in court and in Congress against granting the detainees more rights. In the latest instance, the Supreme Court is to consider a case brought by Guantánamo detainees who are seeking to challenge their confinement in habeas corpus suits in federal court.

If the administration loses that case, it could give the detainees even more legal rights and create a precedent limiting the president’s and the military’s power. Lawyers inside and outside of government said a detailed proposal from the administration to give detainees fuller legal protections could convince the justices that they need not resolve the case, Boumediene v. Bush.

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It didn't make much news last week when Air Force Col. Morris Davis, the lead prosecutor at Guantanamo Bay, resigned. The articles I read said something about his not being happy that another official,Air Force Brig. Gen. Thomas Hartmann, was usurping his power and that Hartmann should remain neutral.

Davis abruptly resigned after complaining that his authority in prosecutions was being usurped. He argued that , a new legal adviser to the convening authority for military commissions, should remain a neutral and independent party and should leave prosecuting cases to prosecutors.

Now, the real reason for his quitting comes out.

Politically motivated officials at the Pentagon have pushed for convictions of high-profile detainees ahead of the 2008 elections, the former lead prosecutor for terrorism trials at Guantanamo Bay said last night, adding that the pressure played a part in his decision to resign earlier this month.

Senior defense officials discussed in a September 2006 meeting the "strategic political value" of putting some prominent detainees on trial, said Air Force Col. Morris Davis. He said that he felt pressure to pursue cases that were deemed "sexy" over those that prosecutors believed were the most solid or were ready to go.

...."There was a big concern that the election of 2008 is coming up," Davis said. "People wanted to get the cases going. There was a rush to get high-interest cases into court at the expense of openness."

There was also a disagreement about use of classified evidence at the detainees' trials:

A federal judge in Washington, D.C. Gladys Kessler, has granted a preliminary injunction to a Guantanamo detainee. It is believed to be the first time a federal court has said "no" to the Pentagon. The case is RAFIQ BIN BASHIR BIN JALLUL ALHAMI et al., vs. GEORGE W. BUSH, et al.

The opinion, unsealed today, is here.

In a nutshell, the Pentagon wanted to send Gitmo detainee Mohammed Rahman, a Tunisian, back to Tunisia to serve a 20 year sentence for a crime for which he was charged and tried in absentia since his arrival at Guantanamo. He objected, arguing among other grounds, he would be tortured in a Tunesian prison. He filed a habeas action seeking an order preventing his transfer.

From the opinion:

Petitioner Rahman (“Rahman”) is a Tunisian citizen allegedly captured by Pakistani bounty hunters and transferred to the custody of the United States on an undisclosed date. He has been detained in Guantanamo Bay since shortly after his capture. Rahman maintains that Combatant Status Review Tribunal (“CSRT”) proceedings have never resulted in any finding that he is an “unlawful” enemy combatant. On May 15, 2007, the Government provided notice to Petitioners and the Court of its intention to transfer Rahman out of Guantanamo Bay and release him to the Government of Tunisia. A 20-year prison sentence awaits Rahman in Tunisia.

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