Tag: Guantanamo (page 14)

The U.S. today moved to dismiss the cases of five Guantanamo detainees facing criminal charges: Binyam Mohamed, Noor Uthman Muhammed, Sufyiam Barhoumi, Ghassan Abdullah al Sharbi and Jabran Said Bin al Qahtani.

Clive Stafford Smith, a civilian attorney representing one of the five, Binyam Mohamed, said he has already been notified that charges against his client will be reinstated. "Far from being a victory for Mr. Mohamed in his long-running struggle for justice, this is more of the same farce that is Guantanamo," Stafford Smith said. "The military has informed us that they plan to charge him again within a month, after the election."

Army Lt. Col. Bryan Broyles, who represents another of the five detainees, said the military might be preparing the tribunals to face increased scrutiny following next month's presidential election. John McCain and Barack Obama have both said they want to close Guantanamo Bay.

The Government's less than credible explanation: [More...]

By a 2 to 1 vote, a three judge panel of the D.C. Circuit Court of Appeals has granted the Government's motion for a stay of the District Court's order directing the Bush Administration to release the 17 Uighur detainees held at Guantanamo into the U.S. (Background here and here.)

The government has been trying to find new homes for the Uighurs for years. It no longer considers them enemy combatants and provided no evidence in court that they posed a security risk. The men cannot be returned to their homeland because they face the prospect of being tortured and killed. China considers the men terrorists.

Judge Judith Rogers dissented. Her reasoning: [More...]

On Sunday I wrote a long post on the plight of the Uighur Chinese Muslim detainees at Guantanamo and the court hearing that would be held today.

The Center for Constitutional Rights and the ACLU reports (link will be available here) the Judge did in fact order their release into the U.S.

U.S. District Judge Ricardo M. Urbina in Washington, D.C. rejected the Bush administration’s position of indefinitely holding the detainees, known as Uighurs, since they are not considered enemy combatants. The Uighurs have been held in Guantánamo for seven years.

More...

In June, the Supreme Court ruled that the detainees at Guantanamo have the right to challenge their detention as enemy combatants and to have their challenges heard quickly.

Also in June, the D.C. Circuit Court of Appeals ruled that Huzaifa Parhat, one of the Uighur Chinese Muslims held at Gitmo, was not an enemy combatant and therefore entitled to seek his freedom.

Four months later, The New York Times reports, no hearings have been held. The Bush Administration now argues that the judiciary cannot order the release of detainees because only military officials have the authority to end wartime detentions.

On Tuesday, the detained Uighurs, whom the Government is no longer claiming are enemy combatants, will get another hearing in Court. [more...]

On March 5th, dailykos denizen norahc (Ben Plunkett) obtained permits in the name of "Swift Students for Truthiness" from the St. Paul Parks Department for use of Hamm's Plaza for non-partisan issue oriented expressive activity on Sept. 3d and 4th, 8AM to 8PM. Planned, a "Shutdown Guantanamo Stop Torture" event the 3d, "Stop Government Spying" on the 4th, both starting at 4:00. I'm co-ordinating the "spying" event.

Hamm's is tiny, not much more than a traffic island, so the limit of 91 in attendance at any time was acceptable.

Yesterday, Ben received a Certified Mail from the Parks Department, dated August 5th, indicating that the permits had been revoked, offering alternative space at Ecolab Plasa or Mears Park, both much less visible. Hamm's is 2 blocks from the Convention site at the Excel Center, and faces the St. Paul Hotel, a major delegate hub. I've just lined up an attorney, we'll be seeking a Temporary Restraining Order directing that the Parks Dept. honor the original permit.

The military commissions trial of Salim Hamdan, driver for Osama bin Laden, went to the jury today.

Hamdan never testified in his defense across two weeks of trial testimony. But unlike suspects on U.S. soil... Hamdan had no right to an attorney or right against self-incrimination during 18 months of military and civilian interrogations from Afghanistan to Guantánamo.

In closing arguments:

[T]he Pentagon cast bin Laden's driver as an al Qaeda insider and the defense called him a Sept. 11 scapegoat. "He's an al Qaeda warrior. He has wounded, and the people he has worked with have wounded the world," prosecutor John Murphy told the jury. "You are the conscience of the community."

Countered Navy Lt. Cmdr. Brian Mizer, on behalf of the $200-a-month driver: "We will capture or kill Osama bin Laden some day. You should not punish the general's driver today with the crimes of the general."

By the numbers: There were only 10 media members in attendance on the last day of testimony. It took a Pentagon airlift to get most of them there at all.

Jury selection in the military commission trial of Guantanamo detainee Salim Hamdan is set to begin Monday morning.

In a nutshell: The Government has charged Hamdan, a driver for Osama bin Laden, mostly with acts that predated 9/11 by years.

The defense says his conduct did not occur "in the context of" an armed conflict, or was not "associated with" an armed conflict.

Hamdan is facing life in prison. Even if acquitted, Bush may decide to hold him indefinitely as an "enemy combatant." As to his jury:

[A]t least five military officers will make up the jury, and a two-thirds vote is required for a guilty verdict. A three-fourths votes is required for sentences that are longer than 10 years.

More...

Bump and Update: The ACLU weighs in:

"Hamdan's trial, like those of other Guantánamo detainees accused of war crimes, should take place in an ordinary federal court or in a traditional military court. The Guantánamo military commissions allow the government to rely on evidence that the defendant never sees, on hearsay, and on evidence obtained through torture. The commissions are completely inconsistent with the Constitution and should be shut down."

A U.S. District Court judge today denied a continuance request for Salim Hamdan, former driver to Osama bin Laden.

His trial, the first military tribunal trial of a Guantanamo detainee, will begin as scheduled Monday. The judge in that proceeding also has rejected continuance requests.[More...]

Bump and Update: President Bush said today there is no imminent decision on closing Guantanamo.

Original Post: 7/2/08

Bush to Consider Closing Guantanamo

ABC News reports that President Bush is holding talks about the future of Guantanamo and may decide to close it.

[More...]

Update: ACLU response is here.

The U.S. announced today it will seek to file charges that carry the death penalty against Abd al-Rahim al-Nashiri, a Saudi of Yemeni descent captured in 2002 and tranferred to Guantanamo in 2006, who has claimed he confessed because he was tortured during interrogation.

The charges are related to the 2000 USS Cole bombing.

The allegations include conspiracy to violate laws of war, murder, treachery, terrorism, destruction of property and intentionally causing serious bodily injury.

Al-Nashiri was held in an overseas secret prison before being shipped to Gitmo. [More...]

Via the Center for Constitutional Rights:

Late yesterday, a federal court judge ruled that the government did not have to disclose whether it was illegally spying on Guantanamo attorneys’ conversations. The judge ruled that the National Security Agency (NSA) could not be forced to reveal information about its domestic spying program because, “confirming or denying whether plaintiffs' communication with their clients has been intercepted would reveal information about the NSA's capabilities and activities.”

Plaintiffs had argued that the government cannot use the Freedom of Information Act (FOIA) to shield illegal surveillance of attorneys. In response, the court said that because of the breadth of a statute protecting the NSA’s secrecy, “the Court need not address plaintiffs’ substantive arguments concerning the TSP’s illegality.”

What it means: [More..]

On May 20, 2008, Sabin Willit, a corporate lawyer from Boston who represents Huzaifa Parhat, the Uighur detainee whose designation as an "enemy combatant" was reversed Friday by the D.C. Circuit Court of Appeals, testified before the House Committee on Foreign Affairs, Subcommittee on International Organizations, Human Rights and Oversight. From his testimony:

One of my clients is Huzaifa Parhat. He’s never been charged with anything. He never will be. In fact, he’s been cleared for release for years. Two weeks ago he began his seventh year at Guantanamo.

....Huzaifa lives in a place called Camp Six. My information, which dates from March, is that all the Uighurs but one are kept there. The men call it the dungeon above the ground. Each lives alone in an isolation cell. There is no natural light or air. There is no way to tell whether it is day or night. Outside the cell is a noisy bedlam of banging doors and the indistinct shouts of desperate men crouching at door cracks. A mad-house. Inside the cell, nothing.

More....