Friday, June 24, 2011

Thank you Witness against Torture and World Can't Wait

Thanks to the men and women in DC this week reminding our senators and representatives that Guantanamo must be closed and torture must stop.
Witness Against Torture demands:
  • Close the prison at Guantánamo Bay;
  • Free all prisoners who have been cleared for release, ensuring their safe resettlement and providing asylum in the U.S. for those unable to go elsewhere;
  • Produce charges against all other prisoners and prosecute them in U.S. courts;
  • Open all detention centers to outside scrutiny. That includes accepting the oversight of the International Committee of the Red Cross of all facilities; and
  • Conduct a comprehensive criminal inquiry against all those who designed and carried out torture policies under the Bush administration.

Monday, June 20, 2011

A plea to the Algerian People

A few weeks ago I wrote an op-ed that I hoped to get published in an Agerian newspaper-to explain the horrific plight of my Algerian client at Guantanamo. Although my letter did not get published a very helpful individual living in Algeria was able to get a story published about my client and the op-ed that I wrote. The article appeared yesterday in the Oran Daily, the best and biggest circulation french-language paper inAlgeria.
If you read French you can read the article here:
http://www.lequotidien-oran.com/index.php?news=5154524

If you do not read French- I have posted a translation here. Thanks to Jack B. for the translation.
When my laptop is back in a working state I will post the original letter.

Saturday, June 11, 2011

Catching up....

It has been a busy time and I haven't had the time to put up links to some interesting articles out there. First two by retired Col. Moe Davis. You might recall that once upon a time he was the chief prosecutor of the military commissions at Guantanamo. He eventually retired in disgust and now speaks out openly against the mess we call Guantanamo. The following two articles pretty well sums up his latest positions:

http://www.spiegel.de/international/world/0,1518,760142,00.html


My friend Almerindo Ojeda at the the UC Davis Center for the Study of Human Rights in the Americas released a new study further exposing the number and treatment of children at Guantanamo:

I just want to point out that until yesterday I could not blog about Almerindo's study or refer to it because of my security clearance in the Guantanamo cases but new guidelines made available to habeas counsel yesterday makes clear that we have no restrictions on secondary reporting.
Jeff Kaye wrote about the ongoing attack by rightwing nuts to Scott Horton's award winning investigative story on the deaths at Guantanamo five years ago:
And Andy Worthington has been updating his amazing research on the men held at Guantanamo. He has now finished the fourth part of a five part series on the unknown men held at guantanamo. This link will take you to part four and from Andy's webpage you can get to the other three parts of the series.
I will be adding to this list in the coming days as I find other articles I was saving to put up when I had the time.

Monday, May 23, 2011

Update on latest deceased detainee.......

Andy Worthington has this update on the man that the military claims committed suicide at Guantanamo last week. Carol Rosenberg at the Miami Herald has this interview with the man's attorney. Not only did the military have the incorrect name for this man-his real name is Hajji Nassim- but also the shocking information that the man suffered from serious mental health issues- since he was a very young man. His mental health issues were so serious that his attorney had arranged to bring a psychiatrist to the base to evaluate his condition.
Hajji's remains have now been "repatriated" to Afghanistan.
Seems that is the only way anyone gets repatriated from Guantanamo these days.
RIP Hajji.

Thursday, May 19, 2011

ANOTHER FORM OF TORTURE, REMOVING THE EYE?

Jason Leopold at truthout has a very disturbing story today about Abu Zubaydah- as though being waterboarded 83 + times, placed in coffin like boxes, threatened with execution and other forms of torture -was not enough..... Seems we also removed one of his eyes. Was it gouged out? Damaged so badly during his torture that it was surgically removed? Or perhaps just removed for the heck of it? Who knows if we will ever learn the truth about that one.
Because I-as a habeas attorney with a security clearance- am not allowed to comment on wikileaks, I took out the link in Jason's article to the picture that led him to uncover this story. I did that because I am trying to be as cautious as possible about the wikileaks but I will say that the government did allow me to utilize a picture that the government claims is of my own client- in a public document that originated from wikileaks...
but anyway, that is a whole other story....for another day.
Click on the title to read Jason's investigation of Abu Zubaydah's missing eye.

Another Death....another lie

The military announced the death of a 37 year old Afghani man by the name of Inayatullah who was found dead in an outdoor area at the gulag. The military claims he committed suicide. Like most events at Guantanamo we will probably never learn the truth but I will tell you this- it is impossible to fathom how someone could commit suicide in the outdoor area- a place where the men are under constant watch. Perhaps that is why they are now trying to change the story to say that he died in his cell.
The Guardian has more here.
Rest in peace Inayatullah.

Wednesday, May 11, 2011

Scott Horton wins award for investigative piece on Gitmo "suicides"

In keeping with Scott's own style Foreign Policy asks six questions of Scott:

Last night, Harper's Magazine writer Scott Horton (pictured above left) won a National Magazine Award in the reporting category, beating out the favorite, Michael Hastings's Rolling Stoneprofile of Gen. Stanley McChrystal, who lost his job as commander of NATO forces in Afghanistan. Horton's winning entry was "The Guantanamo 'Suicides': A Camp Delta Sergeant Blows the Whistle." The piece is an investigation of the suspicious deaths of three inmates at Guantánamo. I have known Horton since the mid-1990s, when we met in Central Asia. He was an unusual hybrid of corporate lawyer and human rights defender. His writing career began a bit later -- in the early years of the Bush administration with an email blast called "No Comment," a compilation of links and short commentary on national politics that he distributed to friends and interested colleagues. Its searing approach attracted much attention, led to the blog being absorbed by Harper's, and now recognition for this breakthrough article. Horton conducts his own email interviews in a "Six Questions" format, so I asked him to submit to the same. His replies follow.

O&G: In your main piece, you tell the story of Col. Michael Bumgarner. Can you catch us up as to what has happened in the meantime with the Justice Department's treatment of the three men's deaths, and in addition with Staff Sgt. Joseph Hickman, the main whistle-blower in your story?

Sergeant Hickman continues to serve with his unit, as do several other guards that night whose observations supported the article. In fact, after the story appeared a source in the office of Secretary of Defense told me that an effort would be made to "reach out" to these "disgruntled soldiers," but I'm sure the Pentagon discovered the same thing I did: These soldiers were not remotely "disgruntled." They were and are all proud to serve and proud of their service at Guantánamo, which won them commendations. They were concerned about telling the truth, however. There is no sign of any further examination of the facts by the Justice Department -- though it did use dubious national security claims to block a congressional investigation when a House Judiciary subcommittee attempted to look into it.

What more do we know now about Camp No, the black site at Guantanamo where the men appear to have been taken? Is this a CIA-run section of the camp?

I am still investigating Camp No. In the meantime I have developed more evidence that Camp No was used by the intelligence community in connection with interrogations -- including by the CIA from 2003 through 2006. But it's not clear that the CIA was the only agency authorized to use Camp No.

Click here to continue reading the interview.

Tuesday, May 10, 2011

For those of you in the San Francisco Area....


PROTEST ACTION AGAINST JOHN YOO...

Friday, May 13
Protest University of California complicity in torture
Fire, Disbar and Prosecute war criminal John Yoo
Berkeley Law (Boalt Hall) Graduation
9:00 am
The Greek Theater (UC Berkeley campus)

http://tinyurl.com/3owv25p

And this from Juan Cole

Listen to Lawrence Wilkerson (former aid to Colon Powell) discuss the delusional Donald Rumsfeld and suggest that Rumsfeld should in fact be waterboarded to determine for himself whether or not waterboarding is torture.

http://www.juancole.com/2011/05/wilkerson-wants-to-waterboard-rumsfeld.html

Monday, May 9, 2011

Wax vs. Yoo

Federal Public Defender Steven Wax debated John Yoo at an Alaska bar event last week. Read a summary of it here....but I can tell you without your even looking at the summary that this was no even battle....Yoo never had a chance in debating Steven......
Good job Steven.

Monday, May 2, 2011

AND SO HE IS DEAD

Doesn't really matter for my clients....they had nothing to do with him anyway. I don't suppose this means we can move on????

Thursday, April 28, 2011

AND WHILE WE WAIT...

Joe Margulies is one of the habeas counsel who has been around since the beginning. As he contemplates the fact that we, the very men and women representing the men at Guantanamo, cannot look at the newly disclosed documents he also sheds a reflective view on what all of this means.
And Clive Stafford Smith, another of the habeas counsel who has been around since the beginning of the Guantanamo litigation reminds us that so many of the claims now released against our clients (that I have not been allowed to even view) are based on nothing more than ignorant gossip...something there is no shortage of here in my country.
Meanwhile we wait. Will the attorneys for the Guantanamo men be the only ones that cannot participate (meaningfully) in the dialog surrounding the wikileaks disclosures?

Tuesday, April 26, 2011

CAN'T TALK ABOUT IT....

As most of you know, we, the habeas attorneys, have been gagged from talking about the wiki-leak documents. Several of us are discussing a court challenge to the gag order. For me this is particularly frustrating as I have discovered more lies by the government both to the court and to me....and to bring them to the court's attention I must fly to DC and file the documents from the "secret place."
So, for a few thousand dollars I can fly to DC, prepare the document and then file it as a classified document despite the fact that the big dark classified secrets are available in several different languages all over the f'in internet.
great country!

BTW- please don't send me any links or emails with or about- classified documents.

Friday, April 22, 2011

Seattle church campaigns to free Guantanamo prisoner

Adnan Latif was in the wrong place at the wrong time when Pakistani authorities .arrested him, his supporters say.

Nine years later, it seems he’s still in the wrong place: detained at the U.S. military prison at Guantanamo Bay, Cuba. Soldiers there keep him isolated in a psychiatric ward and frequently beat him, according to his lawyer, David Remes. Because Latif joined a hunger strike in 2007, they also continue to force feed him through his nose.

In August 2010, a judge ruled there was no evidence that Latif, originally from Yemen, had ever raised a hand against the United States and ordered his release. But the Obama Administration has appealed the order and is fighting to keep him locked up.

Local activists are now fighting back, hoping to free a man they say is not only innocent but also mentally ill, the result of an earlier accident, or perhaps, incarceration.

“I’m outraged that he’s being so badly treated and there’s no justification for it,” said Betty Blakney, co-chair of University Temple’s social justice committee.

Members of University Temple United Methodist Church have taken up Latif’s cause and started a letter-writing campaign for his release. They also plan to meet with their members of Congress about Latif’s case.

Forty-one church members signed a March 27 letter to Sens. Patty Murray and Maria Cantwell and Rep. Jim McDermott urging they take action to release Latif, who was 24 at the time of his arrest. They plan to ask other University District churches to do the same.

Political realities

David Remes, Latif’s attorney in Washington, D.C., said he welcomes the effort. But he and Jamie Mayerfeld, a political science professor who teaches a course on Guantanamo Bay at the University of Washington, say political barriers stand between Latif and freedom.

Foremost among them: President Obama has continued the Bush Administration policy of indefinite incarceration without trial, Mayerfeld said.

Of the 779 people who have been incarcerated at Guantanamo Bay for suspected terrorism since it opened in 2002, only a half-dozen have been convicted, Mayerfeld said. Today 172 people remain at the prison. Of these, 57 are Yemenis cleared for release by the Obama Administration.

In an email, Lt. Col. Tanya J. Bradsher, a Pentagon spokesperson, confirmed 172 detainees are housed at Guantanamo Bay, approximately half of them hailing from Yemen.

But Latif and his fellow Yemeni prisoners can’t get out because they have nowhere to go and no way to get there. President Obama banned returning any Guantanamo Bay prisoners to Yemen in January, after the Christmas Day incident in which a Yemeni man tried to blow up an airliner. Then Congress passed a law prohibiting the transfer of any Guantanamo Bay prisoner to any country, Remes said.

“Adopting” a prisoner

Latif first came to the attention of the University Temple community after several church members attended a workshop on torture at Garfield High School on Martin Luther King Jr. Day.

Professor Mayerfeld led the workshop and raised the idea of churches “adopting” a prisoner by writing letters. University Temple members followed up with Mayerfeld, who suggested Latif because his case is so egregious.

In 1994, at the age of 18, a car accident left Latif with a severe head injury and blindness in one eye. His family was destitute, so the government of Yemen paid to send him to Jordan for an operation, Remes, his lawyer, said.

The operation was only partially successful, however. In 2000, Latif met a man who promised him free medical help in Afghanistan. He was arrested near the border of Afghanistan and Pakistan border in 2001 after the U.S. invasion, Remes said, and his life has been a living hell ever since.

As a result of his head injury or his incarceration, Latif is mentally ill and suffers from a number of physical ailments, Remes said. From many hunger strikes, he weighs less than 100 pounds and has to wear what’s called a suicide smock because he’s tried to kill himself so many times.

When he gets out of control, a prison response team in black riot gear beats him until he’s subdued, Remes said. Bradsher, the Pentagon spokesperson, declined to comment on Latif’s condition.

Defining torture

Torture is a loaded term, said Remes, who represents 17 other Yemeni prisoners at Guantanamo. But the conditions are clearly cruel, inhumane and degrading violations of the Geneva Conventions.

Latif should be released, he said. The Department of Defense recommended it in 2004, the Bush Administration approved it in 2007, and the judge ordered it last year in response to a habeas corpus petition, Remes said.

“It’s incomprehensible they’re holding this poor man and that [the Obama Administration is] continuing to fight for the right to hold him.”

Tuesday, April 19, 2011

Lawsuit filed to compel investigation of Gitmo "psychologist"

The Psychologists and Psychiatrists that helped the interrogators at Guantanamo have - like everyone else involved in the torture of the men and boys at Guantananmo- gotten off pretty easy. When the state of Ohio refused to even do an investigation of Dr. Larry James' role in that torture a group of students from Harvard law school's International human rights clinic filed a lawsuit.
For a summary of the law suit and an excellent look at the children held at Guantanamo take a look at this article by Jeff Kaye at Truthout.