From the Law Office of H. Candace Gorman
Mansoor Adayfi was also held at Guantanamo for many years. He has been a voice for many of the men-
and he has written about Saeed and his plight at the hands of the Algerians after the U.S. State department
dropped the ball on Saeed's case and left him unprotected and imprisoned by the Algerians.
You can support Mansoor by purchasing and listening to his audible collection "letters from Guantanamo"
here.
Shortly after Saeed was convicted of being a member of some unknown terrorist group we learned this information about the men tortured at the black sites. The bottom line is not difficult to understand- these men, like Saeed, have life time trauma from their experience. And now the Algerian government, with the help of the U.S. State department, is inflicting more trauma on Saeed.
I am learning more details of the so-called trial in Algeria and it is heart wrenching. Saeed was forced to relive his trauma and of course nothing he said was believed.
In the end he had a good attorney that worked hard for him- this of course was not the court appointed attorney. The court appointed attorney did nothing for him and offered him no counsel.
The attorney that handled the trial (and will handle the appeal) was an attorney who was located by an Algerian attorney in Canada.
I cannot practice law in Algeria, but I have been doing everything I can to help his attorneys. And I will continue to do so.
But what the fuck State department? You should all be ashamed of yourselves.
My client was convicted by the Algerian Court of terrorism today. They sentenced him to 3 years in prison and took him away. The U.S. state department is responsible for this.
The State department. Or I guess I should say, my state
department, remains incommunicado in regard to the mess it has caused my
Guantanamo client. They fucked up the transfer of Saeed by not getting
assurances that they are willing to enforce. And I know that if they raised the
issue of the assurances the Algerians would surely back down in prosecuting
Saeed.
So now Saeed, who spent more than 22 years at Guantanamo
without any charges lodged against him and then another seven months in an
Algerian prison with charges pending based on unfounded accusations (proved by
the fact that he was never charged) by
the United States, now faces a trial today. The hypocrisy is actually
staggering but then so is everything about this nightmare for my client.
I prepared an affidavit for my client’s trial since I am
unable to go to Algeria for the trial. In preparing the affidavit I reviewed my
cleared records (unclassified) and I was reminded just how dishonest my
government has been about this man. And they knew they were being dishonest. On
the eve of his Habeas Corpus hearing back in 2010 the government changed its
entire theory because I was able to show the original theory was false. No
problem there. Just change the facts! And the “justice” department played
along. And the Judge could have cared less but it is hard to imagine.
And so now I wait to see what the Algerian court will do to
my client.
It’s certainly been a while since I’ve posted anything. So we’ll post today, on this, what would be the 87th birthday of TD Dad of blessed memory. Of course, there’s an explanation for the long reticence, besides overall existential angst associated with a planet insanely and dangerously out of balance and, despite his “legal troubles,” the probable coming restoration of Mafia Grover Cleveland, which is of a very personal nature. Unfortunately, the Loquacious Pup is suffering from a rather serious illness, from which we have every confidence that, surrounded with unbelievably wonderful and generous friends and her loved ones and with her own resilience, she will make a full recovery, but we expect her battle with this illness to take most of the rest of 2024. Along the way, by which I mean last weekend, we lost one of our two beloved cats, who finally succumbed to his own longstanding battle with an ironically similar illness, just after his own 15th birthday. That this painful event happened during the Loquacious Pup’s illness is just part of the ongoing horror show that I’ve certainly come to associate with 2024.
From our usual beat, Candace gives us depressing news coming out of North Africa, to wit, that her longstanding client, Saeed Bakhouche of Algeria and formerly of 20 plus years at GTMO, will be put on trial on murky “terrorism” charges in Algeria this Sunday May 12th (Mothers Day in the USA, FWIW).
Read the rest here.
I will have more on my client and his upcoming trial shortly. However, today the U.N. released this press release:
GENEVA (9 May 2024) – UN experts* warned today that form(Ier Guantánamo Bay detainee Saeed Bakhouche, now facing terrorism charges in Algeria, would not get a fair trial and risked renewed arbitrary detention.
In April 2022, the United States cleared Bakhouche for release from U.S. Naval Station Guantánamo Bay and transferred him to Algeria in April 2023, under assurances that he would be humanely treated.
“Mr. Bakhouche was arbitrarily detained at the U.S. Naval Station Guantánamo Bay for over 20 years and tortured in U.S. custody,” the experts said. “He was immediately arrested on arrival in Algeria, detained incommunicado and de facto outside the protection of the law, threatened in interrogation and denied legal representation.”
Algeria released Bakhouche in October 2023, but he has been charged with terrorism offences under article 87bis of Algeria’s Penal Code and is due to be tried this month.
“Mr. Bakhouche’s detention and prosecution violate his rights to humane treatment and physical and mental health rehabilitation as a survivor of prolonged arbitrary detention and torture,” the experts said. “Such treatment severely aggravates his tenuous mental and physical state, including post-traumatic stress disorder and depression, and re-traumatises him as a torture victim.”
“His unjustified prosecution, detention on arrival, and imminent likely detention on the basis of these charges contradicts express guarantees by the U.S. and Algeria that he would be humanely treated on return to Algeria”, the experts said. “The U.S. itself has called for repeal of article 87 for its excessive definition of terrorism”.
“Mr. Bakhouche’s prosecution would violate his fundamental right to fair trial”, the experts said. “After 20 years of arbitrary detention and as a victim of torture, Mr. Bakhouche could not receive a fair and public trial in a national security case in an Algerian court, where there is a lack of independent and adequate legal representation. Broader fair trial concerns include the overly broad definition of terrorism offences and the threat that he will be arbitrarily detained in prisons with documented risks of torture and cruel, inhuman, and degrading treatment,” they said.
The experts called for the immediate reconsideration of the charges against Bakhouche, an end to the harmful cycle of re-victimisation and threats of further arbitrary detention, and the prompt protection of his rights, including adequate and tailored healthcare as promised by Algeria and the U.S. when he was repatriated.
“While we welcome the U.S.’ genuine efforts to end detention at Guantánamo Bay, resettling former detainees to their home countries or third countries is only the first step in ensuring long-term safe, humane, and rights respecting futures. Repatriation must not re-traumatise and deprive individuals like Mr. Bakhouche of their fundamental rights,” the experts said.
The experts have been in contact with the Governments of the Algeria and the United States of America on this case.
*The experts: Ben Saul, Special Rapporteur on the promotion and protection of human rights while countering terrorism; Aua Baldé (Chairperson), Gabriella Citroni (Vice-Chairperson), Angkhana Neelapaijit, Grażyna Baranowska and Ana Lorena Delgadillo Pérez, Working Group on Enforced or Involuntary Disappearances; and Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.
For more information and media requests, please contact Michelle Erazo (michelle.erazo@un.org).
For media inquiries related to other UN independent experts, please contact Dharisha Indraguptha (dharisha.indraguptha@un.org).
Follow news related to the UN's independent human rights experts on Twitter: @UN_SPExperts
≈ ≈ ≈
Bush: limitations
George Bush had to be "re-elected" in 2004, to run out limitations on his first term's crimes before another government could prosecute them.
He needn't have worried. Barack Obama let all the criminal limitations run, even the five-year ones. Obama's AG also obstructed most civil cases against companies who colluded in CIA crimes, e.g, Mohamed v Jeppesen Dataplan, the Boeing subsidiary that organised rendition flights for the torture program.
A few civil cases e.g, against the CIA contract psychologists who designed the torture regime, and the Pentagon's prison-based contractors, survived, as "state secrets" was not asserted. These cases were allowed to proceed to civil adjudication.
Two of the contractor cases sprang from the Abu Ghraib torture scandal, a story that broke exactly 20 years ago.
CACI International, who provided prison interrogators, and the Titan Corporation, who provided interpreters, were outed in 2004. In 2008, the Center for Constitutional Rights brought suit against both companies on behalf of affected prisoners.
The two companies vigorously fought the cases, claiming the Pentagon was responsible and the contracts conferred immunity.
In 2013, Titan (now L3 Technologies) settled for $5 million, but CACI fought on, in Al Shimari et al v CACI, claiming the Alien Tort Statute didn't apply.
Judge Leonie Brinkema denied multiple dismissal motions, and late last year ruled the case could proceed. CCR has the background.
The case began in Virginia federal court on April 15. Although the evidence was damning, the case received little media notice - the trial date was the same as that originally set for Trump's NY fraud case. There was, however, reporting by Voice of Indonesia, Al Jazeera, the Guardian and LA Times.
The jury deadlocked after eight days' deliberation, and sadly, the case ended in a mistrial.
READ THE REST OF FITCH HERE.
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