Saturday, March 28, 2009
Talking Dog interviews George Clark
Senate report to finally be released
Guantanamo Lawyer Decries McConnell
Spain Opens Criminal Investigation into the Bush Torture Lawyers
1. As a Spanish citizen and a Spanish resident were at Guantanamo Spain can base jurisdiction on passive personality and does not need to use universal jurisdiction--or at least a "pure" universal jurisdiction without contacts to the state.
2. At this moment there may well be European wide arrest warrants for the lawyers and others.
3. While there is some effort to change the law in Spain in regards to universal jurisdiction, it seems unlikely to affect a case concerned with crimes against Spaniards.
4. Immunity cannot protect them from this.
5.Yoo and others will no longer be traveling to Europe without risk.
Harper's Scott Horton has more... click on the title.
THANK YOU SPAIN.
Friday, March 27, 2009
Abu Bakker's letter to Obama
Abu Bakker Qassim’s letter to Barack Obama
Dear Mr. President,
I express my gratitude and my best respect for the contribution of the United States of America to our Uighur community. At the same time, I express my gratitude for your right and prompt decision to close the jail of Guantánamo Bay. I hope you will forgive my English, which I have tried to learn.
I hope my letter will find you in a good health. Please allow me to express my wish and prayer to read my letter.
My name is Abu Bakker and I’m writing on behalf of Ahmet, Aktar, Ejup, with whom I have lived since May 2006 in Albania, the only country that offered us political asylum from Guantánamo when US courts concluded that we were not enemy combatants.
I would like to write something about myself. The Uighur people have a proverb: “Who thinks about the end will never be a hero.” Obviously it is human to think about the end, as it is human for me to remember things long ago.
30.12.2000. My last night in my little home. No one was sleeping … not even my eight-month twins in my wife’s womb. No one was speaking … even my two-year old son … I had decided that I would confess that night to my wife the end I had thought of in my heart, but I hesitated because of a question my son had asked me, that I could not answer. It was at the beginning of winter. We were standing near the oven, and I was cuddling his hands. He took with his little hands my forefinger.
Dad! Is a fingernail a bone?
No, I said. The fingernail is not a bone.
It is flesh?
No. Neither is it flesh.
So, the fingernail: what is it, Dad?
I didn’t know.
I don’t know, I said.
So small was my boy, and I couldn’t answer his questions. And when he grows up and the questions are not about the fingernail? How shall I answer then?
31.12.2000. Without telling the end, without turning back my head, without fear I started my long and already known way. “Ah, if only …! Ah, if only I reach Istanbul, am hired in the factory, to work day and night, to save my self and money. God is great! Ah, if only I could bring my wife there, my son and — the most important — to see my twins for the first time in Istanbul. To hold them on my breast, to pick up as I could … to show my son and to tell to them: We are from the place where the sun rises. I would embrace them, I would answer all of their questions, I would teach to them everything my mother taught me, as her mother taught her, to my grandmother her grandmother … as though in a movie with a happy ending: me film director, me scenarist, me at the lead role. The hero of my dearest people … Me.”
After three years and a half, questions after questions, the military tribunal in Guantánamo asked me:
If you will die here, what will you think at your last minutes?
I’m a husband and a father that is dying in the heroism’s ways, I answered and I asked the permission to put a question of my own.
If Guantánamo Bay were closed today, would you be a hero for your children?
I was proclaimed innocent. The lawyer proposed — meantime we were waiting for a state which will accept us — to live in a hotel in the Military Base of Guantánamo Bay. No way! We were put in a camp near to the jail, which was called “Iguana Camp.” We were nine. Sometimes, one of my friends asked the soldiers about the time. Even today, I hadn’t understood why he needed to know the time. I asked the time … I had reasons …
In Camp Iguana, there were iguanas. We fed them with bread, so they began to enter in our dormitory. All of us needed their company. Sometimes, when they were late, everyone missed them …
One morning, I had an unforgettable surprise from my friends. They gave to me cake from their meal, since that day was my twins’ birthday. The same day, in our dormitory entered two iguanas and I give to them the cake … thinking about my kids … thinking about my end … My dream finished from Istanbul to Guantánamo, from my kids to iguanas …
Finally in 2006 I arrived in Albania, my second homeland. The ring of the telephone! What anxiety! Are they alive? For the first time, I spoke with my wife and my kids. They were alive!
Every morning, I go out of my home before the sun rises and wait for him with the hands up and empty. Since I’m still from the country where the sun rises. I think about the family which perhaps I will never see again and I resolve not to forget my vow, seven years ago, to be their hero.
Yet, Mr. President, seventeen of my brothers remain in that prison today. It is three years since I left the prison, and still they are there. Please end their suffering soon. Your January 22 words were so welcome to us, and I congratulate you for that and for your historic election. But many months have passed.
For the four of us who remain in Albania (one of us is in Sweden today, trying for asylum), life is very hard, and our future still seems far away. I hope that one day soon your government and countrymen will meet our seventeen brothers. Maybe when that day comes there would be hope that we might come to America too.
Mr. President.
In life not everyone will reach his desired end. Perhaps you don’t know, but we are similar … Except as to the end. Since you, like me, without thinking abut the end of your long way, managed to be a hero … I’m at Your side … I’m proud of you …
Mr. President.
Please allow me to share with You a thought. Gift a pair of shoes to every child, to every woman, or every barefoot man since the barefoot people doesn’t think too much before walking on the dirty mud. Begin with everything from above.
Very truly yours,
Abu Bakker Qassim
Tirana, Albania
March 24, 2009
Thursday, March 26, 2009
Sunday, March 22, 2009
New Torture Memo's to be released?
Saturday, March 21, 2009
Wednesday, March 18, 2009
Some Truths about Gitmo (updated)
and if that was not enough read more about how this has been ignored by the US press.
Tuesday, March 17, 2009
Tomorrow on NPR's "The Story" (updated)
CLICK ON THE TITLE TO GO DIRECTLY TO THE LINK...
Task Force Platinum (sometimes referred to as Operation Platinum)
Sunday, March 15, 2009
Saturday, March 14, 2009
THE NEW DEFINITION
First, and importantly, the term "enemy combatant" has now been dropped by the Obama administration. I take that to mean that neither of my clients are now considered to be "enemy combatants". That is a good thing.
But back to Mr. Al-Ghizzawi and Mr. Razak Ali: Both men were originally determined to be enemy combatants back in 2004 when the Supreme Court ordered that an assessment be made as to whether or not the men were in fact "enemy combatants" (It took two tries for the military to find Al-Ghizzawi an enemy combatant). Razak Ali was found to be an enemy combatant because he was staying in a guesthouse in Pakistan that was raided and amongst the many men staying at that guesthouse was a man that may or may not have been a member of al-Qaeda. There has never been an allegation that Razak Ali even knew the man nevertheless a determination that the man himself is a member of al-qaeda. In laypersons terms he has been held for seven years because of "guilt by association." Al-Ghizzawi was found to be an enemy combatant because he traveled a lot when he was younger (he was a meteorologist for the Government airlines and could travel at a discount) and the military accused him of being a member of an anti Qadaffi organization (which he has steadfastly denied).
The administration is now asking the judges to review the habeas petitions with this definition:
“The President has the authority to detain persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. The President also has the authority to detain persons who were part of, or substantially supported, Taliban or al-Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.”
The nuances between this definition and Bush's may not seem clear to the untrained eye but they are important. Under Bush the definition was purposely vague so as to justify holding anyone they wanted to hold. The language is getting tighter and although not perfect most of the men currently held at Guantanamo should be released under this definition because now actual proof of substantial and direct support will be required.
As for my clients: neither has ever been accused of planning or aiding the 9-11 attacks nor have they been accused of being a part of or supporting Taliban or al-Qaeda forces or of being a part of any forces that have committed beligerent acts. In fact, neither has been accused of being involved in any terrorist activity. Up until now they didn't have to be accused of anything specific as it was enough for Bush to allege that they in some vague way "supported" something that Bush did not like....
Let us hope that this is the beginning of the end for Al-Ghizzawi and Razak Ali.
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