sunday, bloody sunday. 50 years ago.
Monday, January 31, 2022
Monday, January 17, 2022
FROM ROGER FITCH AND OUR FRIENDS DOWN UNDER. JANUARY 2022 EDITION
≈ ≈
Courthouse - Guantánamo Bay
It has been twenty years since George Bush set up his extraordinary military prison at Guantánamo Bay, Cuba. It's one of America's greatest injustices, and clearly a political albatross.
There has been little amelioration of this extralegal blunder, including under President Biden. Although two more men have been released, bad behaviour by the CIA, FBI, Pentagon and prosecution still keeps surfacing.
The Biden administration is building a second military courtroom for its prosecutions, although it appears that, in all the years of these, only one case (the current Abdul Hadi case) has involved a validly-charged war crime recognised under international law.
On his first day in office, Biden acquiesced in the charges brought by an outgoing Trump Pentagon official, against Riduan Isamuddin (Hambali), the Bali Bomber, for "war crimes" consisting of terror attacks in Southeast Asia, far removed from any armed conflict. The new courtroom is designed for three defendants - it seems intended for Hambali and his co-defendants.
The "9/11" case, (once planned for civil trial in Manhattan, now to be tried by military commission) is in the other Gitmo courtroom. Like Hambali's, the case is emblematic of the grave jurisdictional defects in the trials - it's general knowledge that the Afghan war began in October 2001.
In both cases, military prosecutions have been contrived for civilian crimes, by fraudulently folding terrorism offences into the armed conflict in Afghanistan. All the cases, other than Abdul Hadi's alleged attacks on civilians, suffer from the same jurisdictional defects, having occurred outside war, or theatres of war, or (as in David Hicks' case) involving unrecognised or retrospective non-war crimes.
Abd al-Rahim al-Nashiri's charges actually include piracy (the MV Limburg bombing); it's Nashiri's case where the Biden administration faces scrutiny on the use of torture evidence.
The prosecutions suffer from jurisdictional defects compounded by torture, but a few convictions have been achieved by guilty pleas that won't be appealed, e.g. the plea just made by Majid Khan.
In a Stalinesque court appearance, Khan confessed to numerous crimes unknown to the law of war, but at least his attorneys negotiated the inclusion in his plea of his testimony about torture.
The military jurors believed Khan, strongly condemning his torture, but at best, his evidence will result in a shorter military sentence.
Torture is cause for dismissal in federal court (Ahmed Ghailani excepted) - it's "government misconduct that shocks the conscience".
Due process matters.
READ THE REST OF FITCH HERE.
Thursday, January 13, 2022
THE TWO QUESTIONS
When I tell people that I represent a man who is still held at Guantanamo there are two questions that I get too often.
Isn't Guantanamo closed, I thought Obama closed it? (sigh)
and, What could you still be litigating at this point?
The first question is easy to answer. NO- it is not closed- Obama lost interest and there were still 50 men left when Obama left office- As I recall, one of those who remains was literally ripped off the plane in the last days of the Obama administration because Obama blew a timing issue.
The second question has always been hard to explain to non-lawyers.
But now Shane Kadidal (from Center for Constitutional Rights) who has worked on Guantanamo issues since the beginning answers the second question in a really understandable way. Thank you Shane.
Read Shane's piece here.
Wednesday, January 12, 2022
The Talking Dog reflects on 20 years of Guantanamo
...
Fingers crossed. As Candace always says, hope dies last. But I’m seriously hoping that Joe Biden, the President with the temerity to absorb the bad optics of getting out of Afghanistan will be the one capable of finally, finally, ending this sorry chapter of our nation’s history.
UPDATE: In other “anniversary news,” the Biden Administration announced that five more detainees have been cleared for transfer, bringing that total to 19. As, by my count, 12 are charged by the military commissions, only about 8 remain mired in the “forever prisoner” category… including Candace’s client Saeed Bakhuche from Algeria, who had his periodic review board hearing today.
Read the whole piece here.
Tuesday, January 11, 2022
humans of Guantanamo
The organization CAGE has launched a new website and gathered seven survivors together to tell their stories-- link below. (Sorry about the formatting problem but the links still work!)
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And what's with Biden?
I would think multi-tasking would be something Biden would be good at but he does seem to have some problems getting multiple high priority things done.
Ben Fox has been covering Guantanamo for the AP since the beginning. Read his reporting on Biden's inaction here.
no- not a happy anniversary
You can celebrate this anniversary by attending one of several events with Witness Against Torture -- most are virtual:
Stalwarts from Maine
to an island off the Washington State coast will stand in orange jump suits on
Tuesday January 11 commemorating this 20th year of the gulag.
- Find a vigil near you or check
out what's being posted/livestreamed. (Click here or see events listed below).
- You can still send us
information about YOUR local action, to witnesstorture@gmail.com
(subject line: Jan 11 Event in [your town])
and we'll post it.
- Send us photos during your
event (witnesstorture@gmailcom) and we'll post them. On J11, follow us on
social media for photos of local actions around the country.
- And wherever you are, please be
vaccinated and wear a mask.
The White House
in Washington DC
What: Close Guantanamo Rally to Mark 20 Years
Who: Local Witness Against Torture folks joined
by local activists from other groups
When: Tuesday January 11 noon to 1 pm ET
(gather at 11:30)
Where: If you live in the DC area, join us In
front of the White House on Pennsylvania Ave. Bring your orange jump suit
and hood; we'll have more. Please be vaccinated and wear a mask. We'll
livestream the rally for those of you from away, and then stay online for the 2
pm virtual vigil listed below.
Tiffin, Ohio
What: Close Guantanamo Rally: 20 years - Still No
Justice
Who: Tiffin Area Pax Christi
When: Friday, January 7 from 3 to 4 pm ET
Where: Seneca County Courthouse, 103 E. Market St.,
Tiffin, OH 44883
Los Angeles, CA (2 events)
1. What: Annual Close Guantanamo Now Rally. In-person
& streamed.
Who: Interfaith Communities United for Justice and
Peace (ICUJP), WAT and others
When: Tuesday January 11 at noon PT
Where: Downtown Los Angeles Federal Building, 300
N. Los Angeles St. 90012 (in front)
2. What: Online panel discussion featuring film maker
Philippe Diaz, Guantanamo Bar member Michael Rapkin, and Marcy Winograd of Code
Pink
When: Tuesday Jan 11 at 5 pm PT
Raleigh, North Carolina
What: Close Guantanamo Vigil to commemorate 20
years since the opening of Guantánamo prison
Who: North Carolina Stop Torture Now
When: Tuesday, January 11 from 1 to 2 pm ET
Where: The Federal Building at New Bern Avenue and
Person St in Raleigh. Please wear a mask. Orange jumpsuits and black
hoods are very welcome. Please come and bring family and friends.
Asheville, North Carolina
What: Join WAT and Veterans for Peace, Asheville
Chapter #099, as they vigil at Asheville Pack Square
When: Tuesday, January 11, 4:30 to 5:30 pm ET.
Orcas Island, Washington
What: Activists on Orcas Island, a stones-throw from
Canada, will meet ferry arrival traffic in orange jump suits.
When: Tuesday, January 11
Where: Eastsound, WA, on the roadside,
either at the ferry arrival or at the main street intersection.
20th Anniversary 2 pm Virtual Rally
What: Disrupt, Confront, and Close Guantánamo This
virtual rally is a call for all of us to disrupt and confront the status quo
that has kept Guantánamo open and to imagine and chart a path toward finally
ending and abolishing the prison and all that it represents.
Who: WAT, CCR and others
When: Tuesday, January 11, at 2 pm ET
National Religious Campaign Against Torture Webinar
What: Guantanamo 20 Years on: A Religious Perspective
Who: The Episcopal Church and National Religious
Campaign Against Torture
Speakers: Dr. Shaun Casey, Georgetown University; The Most Rev. Michael B.
Curry, Presiding Bishop and Primate, Episcopal Church; Matt Hawthorne, NRCAT
When: Tuesday, January 11, 3 pm ET
New York City
What: In-person rally Close Guantanamo Now! 20 Years Too Long!
Who: Organized by The World Can't Wait, co-sponsored by WAT
When: Tuesday January 11, from 4 to 6 pm ET
Where: New York Public Library steps, 5th Avenue @
41st Street
Augusta, Maine
What: Vigil and walk to mark the 20th year
since the opening of the Guantánamo Bay
Who: Pax Christi Maine, PeaceAction Maine,
Witness Against Torture
When: Date change: Saturday,
January 15 at noon ET
Where: We will vigil in front of the Augusta National
Guard Armory, at the intersection of Route 202 and Armory Street, and then
process to the Capitol.
Boston, Massachusetts
What: Rally at Park St Station. Will
distribute stash of Close Guantánamo t-shirts, signs, orange jumpsuits and
black hoods. Will be very cold so dress accordingly. Come prepared
to speak if you like.
When: Tuesday, January 11 from 1 to 2 pm ET
And many more Close Guantanamo events in January
Guantanamo Clock
What: One-person vigils multiplied! Add your
photo to Andy Worthington’s Gitmo Clock to mark January
11, when Guantanamo will have been opened for 7,306 days.
When: Send your photo now!
CAGE: International Witness Campaign (IWC)
What: IWC has gathered partners around
the globe to commemorate 2 decades of the War on Terror and remember the
millions of people affected across the globe, with four demands and in-person and online events around
the world.
When: Through January 11, 2022
European Center for Constitutional and Human Rights (ECCHR) Webinar
What: Rupture and Reckoning: 20 years of Guantánamo
Anthology and Digital Art Exhibition Launch
Panelists: Mohamedou Ould Slahi, former Guantánamo detainee; Katherine
Gallagher, CCR; Wolfgang Kaleck, ECCHR. ECCHR will be launching a digital
art exhibition and anthology, which includes contributions from current and
former detainees, lawyers, advocates, and artists.
When: Tuesday January 11, 11 am to 1 pm ET
Amnesty International Multiple Educational and Action Events
What: Outreach to members, especially youth: Call-in
to White House (Members will be sent link to leave message); Poster contest for
youth; Quiz for young people
When: Tuesday January 11, 2022
This is not a happy anniversary
Today marks 20 years of Guantanamo. Twenty years of holding men and boys without charge and without trial. Twenty years of lawlessness.
So let's look at a couple of the voices out there today-- starting with a current prisoner still being held all these many years.
and this from a lawyer that represented several of the men over the years.
well finally some good news
Guantanamo Panel Approves Transfer of First High-Value Detainee
On Monday, a Somali man who has been held at
Guantánamo Bay as a high-value prisoner was approved for transfer with security
assurances, making him the first detainee who was brought there from a CIA
black site to be recommended for release. Guled Hassan Duran, 47, who was
captured in Djibouti in 2004, spent about 900 days in CIA custody and has been
held in classified detention facilities at Guantánamo without charge since
September 2006. He became one of the 39 detainees still at Guantánamo with
approval for transfer once U.S. diplomats find countries to accept them with
security guarantees that satisfy the Secretary of Defense.
Thursday, January 6, 2022
and the great Nina Simone
And with this I end my musical interlude on this one year anniversary of the attempted coup.
Sunday, January 2, 2022
Saturday, January 1, 2022
New Years Eve of the plague year...
The Talking Dog is his usual optimistic self:
It’s the end of a year that began with the sitting President of the United States staging a murderous attempted coup in a half-assed means to hold power (for which he had a powerpoint and everything), as we transitioned to a new President. The new President’s agenda was immediately thwarted by his own party in a stupid attempt to impeach the last idiot. But then the new guy managed to pass his super-duper COVID relief package (only stripped of the $15 minimum wage) BECAUSE THE SENATE PARLIAMENTARIAN (as if that’s really even a thing). BTW, the stimulus check in that bill was $1,400 and not the $2,000 promised on the campaign trail. Let’s just say that stupid $600 is going to be a yuuuge issue in coming elections. But now it’s DEMOCRATS who seem to object to free money for the peasants.
------
Maybe some miracle will happen and our adolescent billionaire betters will get public spirited somehow. I thought I would leave you with a laugh as I send you my best wishes for the coming new year.
read the whole post here.
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