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Appeals Court Reverses Detainee's Classification as Enemy Combatant

Huzaifa Parhat is a Chinese Muslim, one of many Uighurs held at Guantanamo. (Background here.)

Parhat and the other Uighurs from Western China have been at Gitmo since 2002. In 2004, the Bush Administration acknowledged most were innocent of wrongdoing but insisted that because they could not go back to China without fear of persecution, and since no other country would take them, it had the right to continue to detain them.

Parhat was one of the Uighurs that the Pentagon refused to release. Friday, the D.C. Circuit Court of Appeals ruled he is not an enemy combatant and may seek his freedom.

Parhat is the first detainee to have his "enemy combatant" designation overturned. [More...]

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Omar Khadr Gitmo Trial Set for Oct 8

Omar Khadr, arrested in Afghanistan at age 15 and who has now spent 1/4 of his life at Guantanamo Bay, was given a trial date today of October 8. He faces life in prison.

Omar is a Canadian citizen and a "child of jihad." The Canadian press has been providing excellent coverage of his case. All of our coverage is accessible here.

Omar should be turned over to an international tribunal. He was a child at the time of his capture making him protected by the Geneva Convention on the Rights of the Child. Amnesty International has a full report here.

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Obama on Guantanamo and the War on Terror

Sen. Barack Obama today named his National Security team and delivered a prepared speech on the war on terror and Guantanamo. I'm disappointed with it.

Three examples:

There are terrorists who are determined to kill as many Americans as they can. The world’s most dangerous weapons risk falling into the wrong hands. And that is why the single greatest priority of my presidency will be doing anything and everything that I can to keep the American people safe. (my emphasis.)

If you were hoping universal health care or creating more jobs or reducing our country's reliance on incarceration would be his greatest priority, this is a letdown.

On Afghanistan: [More...]

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McClatchey Report: U.S. Abused Afghan Detainees


McClatchey newspapers has a new series of investigative reports based on its 8 month investigation into treatment of detainees at Guantanamo Bay.

An eight-month McClatchy investigation of the detention system created after the Sept. 11 terrorist attacks has found that the U.S. imprisoned innocent men, subjected them to abuse, stripped them of their legal rights and allowed Islamic militants to turn the prison camp at Guantanamo Bay, Cuba into a school for jihad.

The report is in 8 parts. Today's segment is U.S. abuse of detainees was routine at Afghanistan bases. As to the investigation, [More...]

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Reactions to Supreme Court Detainee Decision

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Report: Guantanamo Detainees and Mental Illness


A report released today by Human Rights Watch finds the conditions at Guantanamo are causing undue mental suffering among the detainees.

More than two-thirds of detainees at Guantanamo Bay, including many cleared for release or transfer, are being housed in inhumane conditions that are reportedly having a damaging effect on their mental health, Human Rights Watch said in a new report released today.

The 54-page report, “Locked Up Alone: Detention Conditions and Mental Health at Guantanamo,” documents the conditions in the various “camps” at the detention center, in which approximately 185 of the 270 detainees are housed in facilities akin to “supermax” prisons even though they have not yet been convicted of a crime.

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Pentagon Replaces Omar Khadr Judge Who Chastised Prosecution

Guantanamo detainee Omar Khadr has a new Judge. The Pentagon replaced his old one, Col. Peter Brownback, apparently displeased at some of his rulings favorable to Khadr.

At a May 7 hearing, Col. Brownback threatened to suspend the entire case over the prosecution's failure to hand over Mr. Khadr's Guantanamo confinement records.

Navy Lieutenant-Commander Bill Kuebler, Mr. Khadr's chief military lawyer, sought the so-called Detainee Information Management System records, or DIMS, to develop a detailed picture of Mr. Khadr's treatment during detention.

Khadr's lawyer says the records would support Omar's claim he was subjected to torture or abuse while being interrogated. [More...]

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Canadian Court Rules Canada Violated Omar Khadr's Rights

Big news today in the case of "child soldier" Canadian Omar Khadr, who was seized in Afghanistan at age 15 and has been held ever since at Guantanamo. He and his lawyers have been preparing for trial by military commission.

The Canadian Supreme Court today ruled Omar is entitled to reports on his detention and interrogation. The Supreme Court of Canada has ordered the federal government to hand over information to alleged terrorist Omar Khadr that it gleaned from interrogation sessions that Canadian agents held with him in 2003.

The ACLU issued this press release (no link yet, received by e-mail):

The Supreme Court of Canada (SCC) ruled today that Canadian officials violated the Canadian Charter of Rights and Freedoms – analogous to the U.S. Bill of Rights – by turning over interrogation records of Canadian citizen Omar Khadr to the United States. The court reached this result after finding that, at the time Canadian officials interrogated him, Khadr was being detained and prosecuted at Guantánamo in violation of U.S. and international law.

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U.S. Allowed Chinese to Interrogate and Abuse Gitmo Prisoners

Buried in the DOJ's Inspector General Report yesterday: The Pentagon allowed Chinese officials to visit and interrogate Gitmo prisoners. It even softened them up for the interrogation.

Buried in a Department of Justice report released Tuesday are new allegations about a 2002 arrangement between the United States and China, which allowed Chinese intelligence to visit Guantanamo and interrogate Chinese Uighurs held there.

According to the report by Justice Department Inspector General Glenn Fine, an FBI agent reported a detainee belonging to China's ethnic Uighur minority and a Uighur translator told him Uighur detainees were kept awake for long periods, deprived of food and forced to endure cold for hours on end, just prior to questioning by Chinese interrogators.

Susan Manning, a lawyer who represents several Uighurs still held at Guantanamo, said Tuesday the allegations are all too familiar. U.S. personnel "are engaging in abusive tactics on behalf of the Chinese," she said Tuesday. When Uighur detainees refused to talk to Chinese interrogators in 2002, U.S. military personnel put them in solitary confinement as punishment, she said.

Attaturk at Firedoglake has more.

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Al-Qahtani Suicide Attempt at Guantanamo

Mohammed al-Qahtani, the Guantanamo detainee the Pentagon alleges was to be the "20th hijacker" attempted suicide in April, according to his lawyer, who was not allowed to reveal it until today due to the need for the Pentagon to clear her notes.

Mohammed al-Qahtani cut himself at least three times and had to be hospitalized at the U.S. Navy base in Cuba, attorney Gitanjali Gutierrez said. Al-Qahtani made the suicide attempt after learning military prosecutors filed capital charges against him and five other Guantanamo prisoners for their alleged roles in the Sept. 11 terrorist attacks.

"I cannot accept this injustice," the lawyer quoted him as saying. "If I have to stay in this jail, I want to put an end to this suffering."

The Center for Constitutional Rights represents al-Qahtani and has much more information on his case and newly disclosed documents. Their press release today is here.

The torture techniques approved against al-Qahtani are below the fold:

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Thursday Morning Open Thread

Things have been a whirlwind online the past two days, between Hillary's win in West Virginia and John Edwards' endorsement of Barack Obama in Michigan.

There are other things going on in the world, such as, the Pentagon is trying to keep the five charged Gitmo Detainees from preparing for their military commission trial with their lawyers. The ACLU has the details.

The American Civil Liberties Union expressed outrage today at the Pentagon's announcement of a June 5 date for the arraignment of Khalid Sheikh Mohammed and four other detainees accused of crimes related to September 11 before all of the defendants have met with their prospective lawyers.

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Charges Dropped Against Guantanamo Detainee

A military judge today dismissed the charges against Guantanamo detainee Mohammed al-Qahtani. The Pentagon had claimed al-Qahtani was the "20th hijacker" for 9/11. He had been subjected to harsh interrogation techniques.

The charges against five other detainees, including Khalid Sheikh Mohammed were approved. They face a possible death penalty.

Here are some of the techniques used on al-Qahtani, from the interrogators' log : [More...]

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