Ex-Gitmo Detainee running for office in Afghanistan

click on the title for the story........

One more word from Canada...

A quote from the Canadian Judge....about the "gross misconduct" of the US....

"I recognize tht the collection of intelligence is of the highest importance in protecting and securing a nation from the dangers of terrorism. It must also be recognized that there will always be a tension, especially in troubled times, in the balancing of intelligence and security issues with cherished democratic values, such as the rule of law and protection from human rights violations. In civilized democracies, the rule of law must prevail over intelligence objectives. In this case, the sum of the human rights violations suffered by Khadr is both shocking and unjustifiable. Although Khadr may have possessed information of intelligence value, he is still entitled to the safeguards and benefit of the law, and not to arbitrary and illegal detention in a secret detention centre where he was subjected to physical abuse. The United States was the driving force behind Khadr's fourteen month detention in Pakistan, paying a $500,000 bounty for his apprehension. The United States intelligence agency [CIA] acted in concert with the ISI to delay consular access by DFAIT to Khadr for three months, contrary to the provisions of the Vienna Convention. The United States, contrary to Canada's wishes, pressured the ISI to delay Khadr's repatriation because of its dissatisfaction with Khadr being released without charge, even though there was no admissible evidence upon which to base charges at that time. In my view, given this gross misconduct, there cannot be a clearer case that warrants a stay."

meanwhile....younger brother's tribunal still set for next week

The DC circus court just denied the young Khadr's motion to stay the kangaroo tribunal.

ScotUS has more here.

Canada Refuses to Extradite Khadr's Brother to US

And why won't they extradite to the US? Because my country violates international law!

Abdullah Khadr is the older brother of Omar Khadr....We have been holding Omar at Guantanamo since he was 15 years old. The whole saga of our country holding this child for all of these years is outrageous and it is high time the Canadians fought to get him released....but they have a few problems of their own as Canada was complicit in the violations of international law...

Well, at least the brother goes free.

Click on the title to read more from Peace, order and good government, eh?

Update and Full Story on the Algerian Returned Home Despite Fears of Torture

Read more from Andy Worthington regarding Abdul Aziz Naji by clicking on the title.

Canadian Child "soldier" Khadr's letter to his attorney

As awful as so many of the stories from Guantanamo are, the saga of the Canadian child Omar Khadr is perhaps the most heart wrenching (and I say this even thought I represent two other Guantanamo men ). Khadr has been held by my country since he was fifteen years old and this is a war crime...not whatever Khadr did or is even accused of doing, but what my country has done and continues to do to this young man.

This is not only a national tragedy for my country but an international tragedy....and one that Canada is complicit in with it's Bush wannabe.... Stephen Harper.

Shame on you Harper for being such a wimp....

And to my Canadian friends....I am sorry that you are stuck with Harper...

I wish that you would all rise up angry and stand up for your child.....

But then, I wish American's could see the war crimes we are involved in.

CLICK ON THE TITLE AND READ THE LETTER KHADR RECENTLY SENT TO HIS ATTORNEY....AND DO SOMETHING.

Whistle-blower Heroes..

If you have not had a chance to take a look at the Afghanistan war log documents that were released by wikileaks (the website seems to be down right now!) click on the title to see what the Guardian has put together.

Unfortunately our Government has decided that everything that is in the slightest way embarrassing should be classified....and it is out of control. I have watched this in terms of the Guantanamo litigation where just about every court filing now is filed under seal....and the secrecy got worse under the Obama administration.

Thanks to the heroes who have opened the doors..and thanks to those of you who will be heroes in the future.

From Roger Fitch and our friends down under at Justinian

Roger Fitch Esq • July 23, 2010

Rough treatment by the courts

“You have a right to a speedy trial – unless they need to torture you first” ... The media’s characterisation of waterboarding – it used to be called torture, now it’s nothing special … Americans stripped of their citizenship by transport safety bureaucrats … Our Man in Washington reports

Long-established legal principles are falling left and right, all in the name of … National Security.

In New York, in a shocking but not unexpected decision on the 6th amendment right to speedy trial, federal district judge Lewis Kaplan has ruled Ahmed Ghailani should stand trial in 2010 for the terrorism charges on which he was first indicted 12 years ago, in 1998.

This was so even though he has been in continuous government custody since 2004.

CLICK ON THE TITLE FOR MORE.........

Algerians don't know where the Algerian is that was released from Guantanamo

Well this sure is great news....the Algerians deny that they are detaining the prisoner that was released from Gitmo over the weekend (he was forced back to Algeria against his will because he fears for his life) but at the same time they admit they do not know where he is.

CLICK ON THE TITLE FOR THE STORY....

Another sad case of our inhumanity.....but at least the Judge saw through it....

Yemeni psych patient ordered freed from Guantánamo

BY CAROL ROSENBERG

CROSENBERG@MIAMIHERALD.COM

WASHINGTON -- A federal judge ordered the immediate release of a Yemeni man who has spent long periods of captivity in the Guantánamo psych ward in split decisions Wednesday that upheld the indefinite detention of another Yemeni.

The U.S. District Court rulings left the so-called habeas corpus scorecard of government-detainee wins at 15-38. That means that judges have ruled more than twice as often for the release of detainees at Guantánamo, rather than holding them.

Judge Reggie Walton ruled for the government that it can continue to hold Abdul-Rahman Sulayman, 31, picked up in Pakistan and handed over to U.S. troops in Afghanistan after the Sept. 11, 2001 attacks. Chicago attorney Thomas P. Sullivan said he would soon travel to the remote U.S. Navy base in Cuba to consult with Sulayman.

In another court, Judge Henry Kennedy Jr. granted the petition of Adnan Farhan Abdul Latif, 34, in a single page order that instructed the Obama administration to ``take all necessary and appropriate diplomatic steps to facilitate Latif's release forthwith.'' He also ordered Justice Department lawyers to report back by Aug. 20.

Latif's attorney, David Remes, has long described the man as despairing and suicidal -- covering himself in excrement, throwing blood at the lawyer, consuming shards of metal.

Both judge's decisions were under seal Wednesday, classified for a security review, so their reasonings were not immediately known.

Of Latif, Remes said, ``This is a mentally disturbed man who has said from the beginning that he went to Afghanistan seeking medical care because he was too poor to pay for it. Finally, a court has recognized that he's been telling the truth, and ordered his release.''

Remes also urged the Obama administration to lift its moratorium on repatriations to the turbulent Arabian Gulf nation of Yemen, and not appeal the Latif decision.

``He said conditions at Guantánamo are what had driven him to these extremes. He's languished so long it would be a crime to keep him incarcerated there,'' he said.

A Justice Department spokesman, Dean Boyd, said lawyers were reviewing Kennedy's decision to decide whether to appeal it. On Wednesday, there were 178 captives at Guantánamo.

Repatriated Algerian has gone missing.....

What a shock, huh?

Whereabouts of former US detainee unknown-lawyers

WASHINGTON, July 21 (Reuters) - A man who the Obama administration transferred against his will from the U.S. military prison at Guantanamo Bay in Cuba to his native Algeria has gone missing, a U.S.-based rights group involved in the case said on Wednesday.

The transfer of Abdul Aziz Naji to Algeria, announced by the Pentagon on Monday, brought the number of remaining detainees at Guantanamo to 178, down from 245 when U.S. President Barack Obama took office last year.

Naji's case has been closely watched because he is the first detainee to be involuntarily repatriated by the Obama administration, according to Human Rights Watch.

Naji, who has been held at Guantanamo since 2002, told his lawyers he did not want to return to Algeria because he feared persecution from the Algerian government and Islamist militants there.

The New York-based Center for Constitutional Rights, which represents many Guantanamo detainees, said Naji's lawyers and family have been unable to locate or contact him since he was repatriated by the U.S. government.

"His whereabouts and well-being in Algeria are currently unknown," it said in a statement. "Mr. Naji has disappeared since his return to Algeria, and is presumably being held in secret detention by Algerian state security forces."

Pardiss Kebriaei, a lawyer with the center, said: "We know that he's been transferred. But as for where he is ... we don't know. It's very concerning."

Other former detainees sent to Algeria were taken into custody for questioning by authorities upon their return but subsequently released, rights groups say.

The U.S. government had alleged that Naji belonged to the Lashkar-e-Taiba militant group in Pakistan, but the Center for Constitutional Rights said he has "long been cleared of any connection with terrorism."

The Pentagon said the transfer was coordinated with the government of Algeria to ensure it took place under "appropriate security measures."

Before Naji's involuntarily return, 10 Algerians had agreed to go back, Human Rights Watch said.

State Department spokesman P.J. Crowley, speaking of the 10 repatriated to Algeria, said, "None, in our view, has appeared to be mistreated." (Reporting by Adam Entous; editing by Todd Eastham)

One Habeas win, one habeas loss

Today J. Kennedy ruled in favor of the habeas petition for Yemini, Adnan Farhan Abdul Latif, ISN 156 (congrats to the Covington Team).

Unfortunately Judge Walton today denied the habeas petition for Yemini, Abd Al Rathman Abdu Abu Al Ghayth Sulayman (ISN 223)

(condolences to Sulayman and his counsel... I am not sure who his counsel is.)

37 habeas wins, 15 losses and one loss vacated by the DC Circuit Court.

Detainee Transfer Announced by Pentagon (Updated)

Today's announcement is just a bit disconcerting as the Obama administration has for the first time released a Gitmo detainee to a country where the detainee fears he will be prosecuted or otherwise harmed....this is particularly ironic because there are men at Guantanamo who do not fear being returned to Algeria (one happens to be my client) but instead of releasing someone like my client the administration chose to send back a man with legitimate fears of being prosecuted.

CLICK ON THE TITLE FOR THE PENTAGON ANNOUNCEMENT.

ScotUS has more here.

Fire dog Lake's Jeff Kaye has a more in-depth story here-(complete with an interview by The talkingdog of one of the Algerian man's attorneys- Ellen Lubell.)

Judges? We don't need no damn judges...we have the Executive

CLICK ON THE TITLE TO READ ABOUT THE LATEST ATTEMPT BY OUR JUDICIARY TO DO AWAY WITH JUDICIAL OVERSIGHT...........

Speaking of Surviving......

I guess we must still wait for the punchline but it seems that Appellate Court Judge Bybee is claiming that when he was head of the Office of Legal Counsel he did not give approval for "certain" torture techniques used . We will have to wait to see what happens next as this opens the door for prosecution (under the theory adoped by our current and former administrations) for those accused of committing these war crimes. To clarify: these actions were always illegal, but both Bush and Obama claimed that they wouldn't go after individuals because they had approval from the executive for these war crimes...now Bybee is saying "NO, there was no approval."

hmmm. The question is whether Bybee is throwing the other torturers under the bus to save himself? Which in turn brings us to the other question....who will throw Bybee under the bus...?

stay tuned.. and click here for the story.