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Six years inside Gitmo: a journalist's tale
Al-Hajj survived Guantánamo, although he wrote his son a farewell letter from the prison camp and says he nearly went insane. Like almost all of the approximately 770 detainees who have been held there, Al-Hajj — the only journalist known to have been detained at Guantánamo — never had the opportunity to answer charges against him in any legal proceeding. With no explanation, U.S. military officials last May flew him to his native Khartoum, and handed him over to Sudanese authorities. In footage that is still being watched on YouTube, Al-Hajj is shown collapsing into the arms of his eight-year-old son Mohamed — who was a 14-month-old baby when Al-Hajj was arrested — weeping and squeezing him silently after his release.
Link to the rest of the Article:
http://www.time.com/time/world/article/0,8599,1844512,0... Al-Hajj survived Guantánamo, although he wrote his son a farewell letter from the prison camp and says he nearly went insane. Like alm... more -
Guantanamo prosecutor quits post
GUANTANAMO BAY NAVAL BASE, Cuba (AP) -- A U.S. military prosecutor at Guantanamo Bay has quit because his office suppressed evidence that could clear a young Afghan detainee of war crimes charges, defense lawyers said Wednesday.
The prosecutor, Army Lt. Col. Darrel Vandeveld, is now supporting a defense bid to dismiss war crimes charges against Mohammed Jawad because of the alleged misconduct, according to Michael Berrigan, the deputy chief defense counsel for the Guantanamo tribunals.
The chief prosecutor, Army Col. Lawrence Morris, denied that his office withheld evidence and said Vandeveld told him he was leaving his post for "personal reasons."
"All you have is someone who is disappointed because his superiors didn't see the wisdom of his recommendation in a case," Morris said.
Jawad, who was captured in Afghanistan when he was 16 or 17, is facing trial for allegedly throwing a grenade that injured two U.S. soldiers and their Afghan interpreter in December 2002. He faces a maximum life sentence.
In a declaration submitted to the defense, Vandeveld said prosecutors knew Jawad may have been drugged before the attack and that the Afghan Interior Ministry said two other men had confessed to the same crime, Berrigan said. Pentagon officials refused to provide a copy of the declaration.
Vandeveld declined to comment through a tribunal spokeswoman.
"He decided he could no longer ethically serve either as a prosecutor in this case or for the Office of Military Commissions," said Jawad's Pentagon-appointed attorney, Air Force Maj. David Frakt. He said Vandeveld had endorsed settling the case and releasing Jawad after a short while.
Frakt said he has asked for Vandeveld to testify at Jawad's pretrial hearing Thursday but the former prosecutor was denied authorization to fly to the U.S. Navy base in southeast Cuba.
At least three other Guantanamo prosecutors have quit their posts over allegations of misconduct. The former chief prosecutor, Air Force Col. Morris Davis, resigned in October and accused his superiors of political meddling.
Jawad is one of about 20 detainees facing charges in the Pentagon's specially designed system for prosecuting alleged terrorists. Military prosecutors say they plan trials for about 80 of the 255 men held here on suspicion of links to al Qaeda or the Taliban. GUANTANAMO BAY NAVAL BASE, Cuba (AP) -- A U.S. military prosecutor at Guantanamo Bay has quit because his office suppressed evidence t... more -
U.S. may not block detainee photos
The United States cannot conceal pictures of abusive treatment of detainees by its soldiers in Iraq and Afghanistan by saying their release might cause enemies to hurt someone, a federal appeals court said Monday in ordering the release of 20 photographs. The United States cannot conceal pictures of abusive treatment of detainees by its soldiers in Iraq and Afghanistan by saying their re... more
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Guantanamo Trials' Overseer Reassigned
The Pentagon transferred a controversial senior official involved in overseeing the war-crimes trials at Guantanamo Bay into a new position yesterday, a move that was anticipated after military judges in three separate cases barred Air Force Brig. Gen. Thomas W. Hartmann from further participation in various aspects of the military commissions.
Defense officials, who would discuss the reassignment only on the condition of anonymity, said Hartmann's position became untenable after judges ruled that he improperly influenced prosecutors by pressing them to move to trial quickly and, over their objections, used evidence obtained from interrogations that involved coercive techniques. Legal disputes over Hartmann's role threatened to delay trials that the Bush administration wants to see up and running.
**** Bush Admin wants to see trials up and running?**** The Pentagon transferred a controversial senior official involved in overseeing the war-crimes trials at Guantanamo Bay into a new pos... more -
Psychologists Vote to End Interrogation Consultations - NYTimes.com
"Members of the American Psychological Association have voted to prohibit consultation in the interrogations of detainees held at Guantánamo Bay, Cuba, or so-called black sites operated by the Central Intelligence Agency overseas, the association said on Wednesday "Members of the American Psychological Association have voted to prohibit consultation in the interrogations of detainees held at... more
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Supreme Court give Habeas Corpus Legs in Guantanamo Bay!
The Supreme Court delivered a blow to the Bush administration's polarizing Guantánamo Bay policies Thursday, giving the roughly 300 foreign terror suspects being held there the right to challenge their detention through the U.S. civilian court system. In a 5-4 ruling on the jointly decided cases Boumediene v. Bush and Al-Odah v. The United States, the nation's highest court determined that the detainees have a constitutional right to habeas corpus despite their detention outside the borders of the United States. The Supreme Court delivered a blow to the Bush administration's polarizing Guantánamo Bay policies Thursday, giving the ... more
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Guantánamo Detainees: No Country for 270 Men | Newsweek Periscope | Newsweek.com
White House and Justice Department lawyers are bracing for a flood of new court battles as a result of last week's historic Supreme Court ruling, which granted Guantánamo Bay detainees the right to seek their freedom in federal court.
What happens when and if they do go free? White House and Justice Department lawyers are bracing for a flood of new court battles as a result of last week's historic Supre... more -
War crimes system is still on trial
It was quintessential Guantánamo, where things are rarely what they seem. The Pentagon’s spokesmen, for example, repeat like a mantra that the detention camp delivers “safe and humane” care. But military investigators have documented a history that includes treatment of one detainee who was isolated, deprived of sleep and forced to perform dog tricks.
Another military mantra is that the tribunal is open and transparent. But no one can go to this remote naval station to attend the sessions without military orders. At the tribunal itself, where many seats are empty, journalists are accompanied at all times by military escorts, who stand guard even outside the latrine.
So it was in keeping with the contradictions of Guantánamo that the Hamdan trial in many ways looked like an American trial and in many ways did not.
There were secret filings. There were closed sessions. There were unexplained mysteries. After a session was cut short because a participant was said to be ill, a military spokeswoman said it was not Mr. Hamdan. The next day, a different spokeswoman disclosed that it had indeed been Mr. Hamdan, who had, she said, been seen at a hospital for flulike symptoms. It was quintessential Guantánamo, where things are rarely what they seem. The Pentagon’s spokesmen, for example, repeat like a mantra ... more -
The next Guantanamo tribunals
The US military is set to press forward with the trials of at least 20 more detainees at Guantanamo Bay despite military jurors acquitting Osama bin Laden's former driver of many of the charges he faced.
The Salim Hamdan trial was the first test of controversial military commissions created to try "war on terror" suspects captured outside the US and held at the prison at a US naval base in Cuba.
The next trial set to take place is that of Omar Khadr, a 21-year-old Canadian who was 15 when he was captured during a firefight at a suspected al-Qaeda compound in Afghanistan.
Khadr, who is the only Westerner among the 265 prisoners still held at Guantanamo, is charged with the murder of a US soldier in a grenade attack.
Two prisoners have been convicted at Guantanamo, including Hamdan, who was the first to undergo a complete trial, and David Hicks, an Australian.
Hicks avoided trial by admitting he trained with al-Qaeda in Afghanistan and pleading guilty in March 2007 to providing material support for terrorism.
He finished his nine-month sentence in Australia in December 2007.
More at the link. The US military is set to press forward with the trials of at least 20 more detainees at Guantanamo Bay despite military jurors acquit... more -
Gitmo jury gives bin Laden driver 5 1/2 years
GUANTANAMO BAY NAVAL BASE, Cuba - A U.S. military jury gave Osama bin Laden's driver a surprisingly light sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for at least a 30-year sentence to deter would-be terrorists.
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Salim Hamdan's sentence of 5 1/2 years, including five years and a month already served at Guantanamo Bay, fell far short of the life sentence he could have gotten for aiding terrorism by driving and guarding bin Laden. It now goes for mandatory review to a Pentagon official who can shorten the sentence but not extend it.
It remains unclear what will happen to Hamdan once his sentence is served, since the U.S. military has said it won't release anyone who still represents a threat. The judge, Navy Capt. Keith Allred, said Hamdan, who is from Yemen, would likely be eligible for the same administrative review process as other Guantanamo prisoners.
Defense lawyers said they expect Hamdan will be let go in five months. "It was all for show if Mr. Hamdan does not go home in December," said Charles Swift, one of Hamdan's civilian attorneys.
Hamdan thanked the jurors for the sentence and repeated his apology for having served bin Laden.
"I would like to apologize one more time to all the members and I would like to thank you for what you have done for me," Hamdan told the five-man, one-woman jury, all military officers hand-picked by the Pentagon for the first U.S. war crimes trial in a half-century.
Hamdan was found guilty of supporting terrorism by serving as bin Laden's armed bodyguard and driver while knowing the al-Qaida leader was plotting U.S. attacks. But he was found not guilty of providing missiles to al-Qaida and knowing his work would be used for terrorism. He also was cleared of being part of al-Qaida's conspiracy to attack the United States — the most serious charges he faced.
The military has not said where Hamdan will serve his sentence, but the commander of the detention center, Navy Rear Adm. David Thomas, said last week that convicted prisoners will be held apart from the general detainee population at the isolated U.S. military base in southeast Cuba.
"I hope the day comes that you return to your wife and daughters and your country, and you're able to be a provider, a father and a husband in the best sense of all those terms," the judge told Hamdan.
Hamdan, dressed in a charcoal sports coat and white robe, responded: "God willing."
Military prosecutors had said even a life sentence would be fitting in order to send an example to would-be terrorists.
But the jury, which acquitted Hamdan of the most serious charges, apparently agreed with the judge, who called him only a "small player" in al-Qaida.
"The decision showed what the jury thought Hamdan was worth," Air Force Col. Morris Davis, the former chief prosecutor for the Guantanamo trials, told The Associated Press in a telephone interview.
Referring to the decks of cards the U.S. military has distributed with images of most-wanted terrorists, Davis said: "Hamdan would be the two of clubs."
Still, the sentence should give skeptics some pause, Davis said, by showing that military juries are independent and carefully evaluate evidence presented in the war crimes trials.
"There is a perception that trying people in front of the military was going to be a rubber-stamp process," Davis said. "This shows they are conscientious, following instructions and are making rational decisions."
The chief defense counsel for the Guantanamo tribunals, Army Col. Steve David, said the government failed in its strategy to link Hamdan to the Sept. 11 attacks.
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To read more about this click on the link:
http://news.yahoo.com/s/ap/guantanamo_bin_laden_s_drive... GUANTANAMO BAY NAVAL BASE, Cuba - A U.S. military jury gave Osama bin Laden's driver a surprisingly light sentence on Thursday, m... more -
Bin Laden's Former Driver Sentenced to 5 1/2 Years
Hamdan Receives Credit for Time Served, Could Be Released in 5 Months
GUANTANAMO BAY, Cuba, Aug. 7 -- A former driver for Osama bin Laden was sentenced today to 5 ½ years in prison for his material support for terrorism, a relatively light sentence that means the first detainee at Guantanamo Bay to face a full military commission trial could be released from custody in just five months.
The six military officers who found Salim Ahmed Hamdan guilty of terror charges yesterday came back with the sentence this afternoon, knowing that the judge in the case was going to give Hamdan credit for the five years and one month of his pre-trial incarceration at Guantanamo.
Hamdan, whose case at one point reached the Supreme Court and forced the U.S. government to retool its trial system for alleged terrorists held at Guantanamo, received the first verdict under a full military commission and arguably both won and lost. He was convicted of supporting al-Qaeda by driving and guarding bin Laden and ferrying weapons for the terror group, but he was acquitted of charges alleging terror conspiracy and escaped a potential life sentence.
It is unclear what will happen to Hamdan after he finishes serving his remaining time, because military prosecutors and military commissions officials have argued they have the ability to hold enemy combatants indefinitely, until the end of hostilities in the so-called war on terror. While the Bush administration could order him held, officials could also transfer him to the custody of his home country, Yemen, or release him outright.
At the sentencing hearing, Hamdan had pleaded for a light sentence and apologized to U.S. victims of terrorist attacks. "It was a sorry or sad thing to see innocent people killed," Hamdan was quoted as saying.
"I personally present my apologies to them if anything what I did have caused them pain."
He admitted that he kept working for the al-Qaeda leader even after he learned that bin Laden had planned terrorist attacks.
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Much more at link.
Interesting conclusion, to say the least, and a surprisingly fair verdict, all things considered. Hamdan Receives Credit for Time Served, Could Be Released in 5 Months ... more -
Gitmo detainee convicted by military panel
GUANTÁNAMO BAY, Cuba — - A panel of six military officers convicted a former driver for Osama bin Laden of a war crime Tuesday, completing the first military commission trial here and the first conducted by the United States since the end of World War II.
The military commission conviction of the former driver, Salim Ahmed Hamdan, a Yemeni who was part of a select group of drivers and bodyguards for Mr. bin Laden until 2001, was a long-sought, if some what qualified, victory for the Bush administration, which has been working to begin military commission trials at the isolated naval base here for nearly seven years.
The commission acquitted Mr. Hamdan of a conspiracy charge, arguably the more serious of two charges he faced, but convicted him of a separate charge of providing material support for terrorism. GUANTÁNAMO BAY, Cuba — - A panel of six military officers convicted a former driver for Osama bin Laden of a war crime Tuesday, comple... more -
Final verdict in first Guantanamo trial
In what has been the first Guantanamo trial to take place, the military jury has reportedly reached their final verdict in the trial of Osama bin Laden's driver, with them finding him guilty of terrorism charges.
He has been reportedly been charged with 'conspiring with al Qaeda and providing material support for terrorism,' in what is the first US war crimes trial since WWII. In what has been the first Guantanamo trial to take place, the military jury has reportedly reached their final verdict in the trial o... more -
Bin Laden's Driver Convicted in Guantanamo Bay War Crimes Trial
A jury of six military officers at Guantanamo Bay reached a split verdict Wednesday in the war crimes trial of a former driver for Osama bin Laden, clearing him of some charges but convicting him of others that could send him to prison for life. A jury of six military officers at Guantanamo Bay reached a split verdict Wednesday in the war crimes trial of a former driver for Osa... more
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Cheney’s argument for not releasing innocent detainees: ‘They’ll all get lawyers.’
In his New York Times review of Jane Mayer’s new book, The Dark Side, Alan Brinkley describes how by the end of 2005, torture advocates within the Bush administration were fighting to continue their extreme detainee program “because they feared being prosecuted should the program be halted and exposed.” In one White House meeting described by Mayer, Vice President Dick Cheney argued against releasing innocent detainees because “they’ll all get lawyers“:
"By the end of 2005, those defending the regime of torture were no longer seeking primarily to protect the search for valuable intelligence. They were fighting for its survival, in the face of considerable evidence of the failure of SERE and other programs, because they feared being prosecuted should the program be halted and exposed. Even releasing detainees whom they knew to be entirely innocent was dangerous, since once released they could talk. “People will ask where they’ve been and ‘What have you been doing with them?’” Cheney said in a White House meeting. 'They’ll all get lawyers.'" In his New York Times review of Jane Mayer’s new book, The Dark Side, Alan Brinkley describes how by the end of 2005, torture advocate... more -
Despite U.N. Objections, U.S. Continues to Detain Children at Guantánamo
On Saturday, the UK’s Guardian published an article by Cory Crider , an attorney for the UK-based nonprofit Reprieve , in which Crider reasserts that the United States is holding as many as 21 inmates who were under the age of 18 when they arrived at Guantánamo—not eight, as the U.S. previously reported to the U.N. Committee on the Rights of the Child (CRC) in May.
In Soldiers of Misfortune , a recently released U.S. report about child soldiers, the ACLU reported that as many as 23 detainees were under 18 when they arrived at Guantánamo between 2002 and 2004, based on documents released by the government under a Freedom of Information Act (FOIA) request by the Associated Press.
There’s a big difference between eight and 23.
But the U.S. government has shown little interest in setting the record straight. Some news reports estimate as many as 60 detainees were under the age of 18 when they arrived at Guantánamo. The birthdates of 20 are listed as “unknown.” While the U.S. government claims that it can’t verify the ages of prisoners who claimed to be children when imprisoned at Guantánamo, the Department of Defense’s pleading of ignorance is no excuse for reflexively treating all the prisoners as adults.
The most famous of these young detainees is Canadian Omar Khadr, who was 16 when he was captured. On his charge sheet (PDF), he’s accused of associating with Al-Qaeda when he was 10 years old. When he was 16, he was shot in the back twice by U.S. forces after a firefight in Afghanistan. Evidence that was accidentally released during a hearing in February, plus a videotape released in April, both suggest that Khadr may well be innocent of some of the most serious charges brought against him. Right now the government is attempting to prevent Khadr’s attorneys from seeing even more evidence that may prove his innocence.
In April, a military judge denied Khadr’s motion to dismiss his case on the grounds that Khadr should be treated as a child under the United Nations’ Optional Protocol to the Convention on the Rights of the Child —which the United States ratified in 2002. The judge’s reasoning? He’s an adult now.
Khadr was held by U.S. forces for two years before he even saw a lawyer, which suggests that the U.S. government was waiting for him to "age out" of juvenile status to charge him. While he waited to be old enough to be unlawfully tried, his attorney reports that he was tortured repeatedly.
In the CRC’s concluding observations (PDF) on the U.S.’s compliance with the Optional Protocol, the U.N. suggested that the U.S. detain children "as a measure of last resort," and "if in doubt regarding age, young persons should be presumed to be children."
The U.S. has so far done neither.
The other teen mentioned in Crider’s article is Yasser Talal Al Zahrani, who was 17 when he was captured and sent to Gitmo. He committed suicide in June 2006. The ACLU sued the Pentagon in April, asking a court to order the release of any and all documents relating to deaths at Guantánamo. The lawsuit followed a FOIA request filed in 2006, to which the Pentagon was unresponsive. On Saturday, the UK’s Guardian published an article by Cory Crider , an attorney for the UK-based nonprofit Reprieve , in which Crider... more -
First Guantanamo war crimes trial under way
The first U.S. war crimes trial since World War Two began on Monday at the U.S. navy base in Guantanamo Bay, Cuba, nearly seven years after the September 11 attacks prompted President George W. Bush to declare war on terrorism.
Osama bin Laden's former driver, Salim Ahmed Hamdan, faces charges of conspiracy and providing material support for terrorism and could face life in prison if convicted by a jury of U.S. military officers.
"This military commission is assembled," judge Keith Allred said after the potential jurors were sworn in.
"You must make your determination whether or not he is guilty based solely on the evidence presented here in court and the instructions I will give you," Allred instructed jurors. "You must impartially hear the evidence."
The first trial in the controversial war crimes court got underway 6-1/2 years after the United States opened the prison camp in Cuba to jail suspected al Qaeda and Taliban fighters.
Prosecutors contend Hamdan, a Yemeni in his late 30s, was close to al Qaeda's inner circle and was on the way to a battle zone with two surface-to-air missiles in his car when he was captured in November 2001, shortly after the U.S.-led invasion of Afghanistan.
Hamdan's lawyers say he is not a member of al Qaeda, and was merely a driver and mechanic in bin Laden's motor pool who needed the $200 monthly salary.
Hamdan is being tried in a hilltop courthouse overlooking Guantanamo Bay by a jury selected from a pool of 13 U.S. military officers flown in from around the world. The panel must be comprised of at least five members. The first U.S. war crimes trial since World War Two began on Monday at the U.S. navy base in Guantanamo Bay, Cuba, nearly seven years ... more -
Bin Laden's Driver Pleads Not Guilty
The first Guantanamo war crimes trial began Monday with a not guilty plea from a former driver and alleged bodyguard for Osama bin Laden. The first Guantanamo war crimes trial began Monday with a not guilty plea from a former driver and alleged bodyguard for Osama bin Lad... more
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'Kill me,' pleads 16 year old Canadian Guantanamo inmate
Omar Khadr, the only western prisoner still held in the US prison at Guantanamo Bay, broke down and wept when questioned by Canadian interrogators and moaned "kill me," video footage released overnight shows.
Khadr, a Canadian, was arrested in Afghanistan in 2002 at the age of 15 and is charged with killing a US medic in Afghanistan.
The secret video was taken in February 2003 and shows Khadr - then 16 - being grilled by officials from the Canadian Security Intelligence Service spy agency.
"Kill me," Khadr can clearly be heard moaning repeatedly in a desperate voice as he holds his head in his hands.
Extracts of videos taken over four days of interrogation were released by Khadr's lawyers after a long battle with the Canadian Government.
"It's the cry of a desperate young man. He expected the Canadian officials to take him home," Khadr's lawyer Dennis Edney said.
The footage offers a rare glimpse into the Guantanamo Bay facility where the United States is holding about 265 prisoners in conditions criticised by human rights groups.
Khadr also told the interrogators "you don't care about me," complained of poor medical treatment, and removed his orange jumpsuit to show scars from the serious injuries he suffered during the firefight in Afghanistan in which the medic died.
Critics of Khadr's treatment say he is a child soldier who should be rehabilitated rather than punished.
Canadian Prime Minister Stephen Harper has brushed off calls to intervene with Washington, saying Khadr faces serious charges.
Mr Edney said his client has suffered "torture and abuse" at the hands of the Americans during his time in Guantanamo.
Khadr has alleged US interrogators repeatedly threatened to rape him or send him to another country to be raped.
Documents released earlier this month show US authorities deprived Khadr of sleep ahead of a separate interview with an official from Canada's Foreign Ministry in 2004, moving him every three hours to make him more likely to talk.
Mr Edney said the videos - which do not show Khadr being physically abused - and the documents show Mr Harper misled Canadians when he said Ottawa had received assurances that Khadr was being treated well.
"They knew from Omar Khadr that he had been mistreated, that he was frightened of the Americans and had been tortured ... this kid has suffered enough. This kid needs to come home. This kid is not a terrorist," he said.
A Canadian judge ruled last month that Khadr has a right to see descriptions of interviews that the Canadians conducted with him, to help him prepare for his trial at Guantanamo.
The poor quality video shows Khadr at plain wooden table in an apparently windowless cell, and also sitting on a sofa.
He wears an orange prison jumpsuit, and at times buries his head in his hands, or pulls at his hair.
"I lost my eyes, I lost my feet, everything," he said.
"No, you still have your eyes and your feet are still at the end of your legs, you know," a Canadian official responded, telling the teenager to "relax a bit" and eat his hamburger.
Wayne Marston of the left-leaning opposition New Democratic Party said it was "disgraceful" for Mr Harper to say Canada had US assurances that Khadr was being treated properly.
Other western countries, such as Britain and Australia, have successfully pressed for the repatriation of citizens imprisoned in Guantanamo. Omar Khadr, the only western prisoner still held in the US prison at Guantanamo Bay, broke down and wept when questioned by Canadian i... more -
Former Bush official defends interrogation techniques
Does a 20-hour interrogation involving “hooding” and “removal of clothing” constitute inhumane treatment? Rep. Jerrold Nadler sought answers from Douglas Feith, an architect of the Bush administration’s harsh interrogation policies. Does a 20-hour interrogation involving “hooding” and “removal of clothing” constitute inhumane treatment? Rep. Jerrold Nadler sought ... more
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