Saturday, February 06, 2010

Military High Court Upholds Abu Ghraib Convictions




The US military's highest court has upheld the convictions of two soldiers for abusing Abu Ghraib prison detainees in Iraq.

In opinions released today, the US Court of Appeals for the Armed Forces in Washington affirmed the conviction of former Army Spc Sabrina Harman, who helped place a hooded detainee atop a box with wires in his hands. He was told he would be electrocuted if he fell off. Harman also was photographed giving a smiling "thumbs-up" beside a pyramid of naked detainees.

The court found no errors by the judge who presided over the court-martial of former Sgt Michael Smith, an Army dog handler. Smith was convicted of offenses that included letting his Belgian shepherd bark and lunge at prisoners for his own amusement.

Source: www.ptinews.com/news/503373_Military-high-court-upholds-Abu-Ghraib-convictions

Friday, February 05, 2010

Demonstration To Mark Eight Years Of Shaker Aamer’s Illegal Detention At Guantánamo




Saturday 6 February, 12-2pm, Downing Street

The Save Shaker Aamer Campaign (SSAC) will hold a demonstration opposite Downing Street on Saturday 6 February from 12 to 2pm. This date marks exactly eight years since Shaker Aamer, a British resident, arrived at Guantánamo Bay. Although the Americans cleared him for release in 2007, he remains at Guantánamo in solitary confinement.

The demonstration will call on the British government to be far more forceful in its demand for his release and return to the UK. Shaker has a British wife and four children. He has never met his youngest son who is aged seven. In spite of his innocence, the British government has been slow to take action to bring him home to his family.

Speakers at the demonstration include Jean Lambert MEP, Martin Linton MP, Baroness Sarah Ludford MEP, Imam Suliman Ghani, John Clossick SSAC and David Harrold LGC.

Demands:

The SSAC calls for the immediate release and return of Shaker Aamer to his family in London to put an end to his shameful treatment. The SSAC demands that the British Government take a more forceful and robust approach with the US administration and set up proper negotiations to achieve a successful outcome. We request that everyone writes to the Foreign Secretary Rt. Hon David Miliband, Foreign Office, King Charles Street, SW1A 2AH and request Mr. Milband meets with a ‘Save Shaker Aamer Campaign’ deputation to discuss the way forward.

Background:

Shaker Aamer is a 42 year old Saudi national. He lived in the UK for many years in the 1990s, marrying a British woman. They have four children. As an aid worker in 2001, he was captured by the Americans in Pakistan, tortured there and in Afghanistan before being sent with the first group of prisoners to Guantánamo Bay in February 2002. He has been held there ever since.

His return to the United Kingdom was sought by the British government in August 2007, along with four other men, all of whom have since returned to the UK, the last being Binyam Mohamed in February 2009. The British government has stated that it does not believe him to pose a threat or have committed any crime; yet it appears half-hearted in its efforts to release him.

In January 2010, following a High Court battle, the Foreign Office released documents that proved that MI5 agents were present when Mr. Aamer was tortured in Pakistan in 2001. Also in January, a report in the American magazine Harpers alleged that the US is reluctant to release Mr. Aamer as he was a witness to and a victim of abuse that led to the deaths of three prisoners at Guantánamo Bay in 2006. He was at one point continually held in isolation for over three years and subjected to sensory deprivation, unaware of whether it was day or night.

Mr. Aamer is an eloquent champion for the human rights of his fellow prisoners and organised hunger strikes to win them ordinary decent treatment. He has been force-fed on many occasions and suffered other abusive treatment as punishment for being outspoken. In over eight years, Mr. Aamer has never been charged or tried or accused of any wrongdoing.

John Clossick, from the Save Shaker Aamer Campaign, says, “UK Resident Shaker Aamer has been held in the harshest of conditions in Guantánamo without charge or trial, for eight years - this is concentration camp justice. Our Government has recognised his legal right to return and has requested that the US release him. Shaker was cleared for release by the US in 2007. His only wish is to return to his home in the UK, he has a home and family in the UK. Shaker’s treatment is in breach of his human rights, he is the victim of gross injustice. His health has deteriorated and his life is at risk. His wife and four young children, who are British citizens, are being denied the right to a family life which should be guaranteed under international law”.

Aisha Maniar, from the London Guantánamo Campaign (LGC), says, “No British national or resident has returned from Guantánamo Bay without intervention at the highest levels by the Prime Minister or the Foreign Secretary. The government has been able to secure the release of all other British prisoners, so why not Mr. Aamer after eight years? The British government must show its commitment to human rights and the rule of law by ensuring that Mr. Aamer is released from Guantánamo Bay and returns to his family in the UK immediately. It must also demonstrate its verbal commitments to helping the US close Guantánamo Bay. It is the very least the government can do”.

The Save Shaker Aamer Campaign (SSAC) is an organisation dedicated to bringing about the release of Shaker Aamer from Guantánamo Bay and his safe return to his family in London. SSAC is supported by a broad range of participating organisations. Local organisations involved include Labour Party Branches (Wandsworth), Battersea Islamic Culture & Education Centre, Wandsworth Stop the War Coalition, Wandsworth Green Party, Battersea & Wandsworth TUC, South London Communist Party of Britain, Tooting Islamic Centre, Socialist Workers Party, Lambeth & Wandsworth Palestine Solidarity Campaign. The campaign is also supported by the London Guantánamo Campaign, Cageprisoners, Stop the War Coalition, Kingston Peace Council, Brighton Against Guantánamo, and Amnesty International.

Contact: Ray on 07756 493 877

Thursday, February 04, 2010

Aafia Siddiqui Found Guilty Of US Attack




A US-educated Pakistani woman who was arrested in Afghanistan and accused of shooting at her US interrogators, has been found guilty of attempted murder by a court in the US.

Aafia Siddiqui was found guilty by a New York court on Wednesday after a 12-member jury reached a unanimous verdict, but said the crime was not premeditated. Siddiqui showed no emotion as the jury pronounced its verdict – reached after two days of deliberations – but shouted out as the jury members were leaving the court.

"This is a verdict coming from Israel, not America. Your anger should be directed where it belongs. I can testify to this and I have proof," Siddiqui said.

Siddiqui faces up to life in prison when she is sentenced on May 6. Her lawyers had tried to prove Siddiqui, who reported disturbing hallucinations involving her missing children, was insane. But a judge ruled her fit to stand trial.

Fauzia Siddiqui, her sister, told Al Jazeera the verdict had "rejuvenated" the family. "And we're proud to be related to her," she said. "America's justice system, the establishment, the war on terror, the fraud of the war on terror, all of those things have shown their own ugly faces."

Afghanistan Shooting

Siddiqui, a neuroscientist who trained at the Massachusetts Institute of Technology in the US, was arrested by Afghan police in July 2008 in the town of Ghazni. She had already caught the eye of human rights groups as prior to her arrest she had been missing for five years.

At the time of her arrest she was allegedly carrying containers of chemicals and notes referring to mass-casualty attacks and New York landmarks, leading some in the US press to dub her "Lady Qaeda".

But Siddiqui was not charged in connection with those materials and the charges she was convicted of do not mention terrorism. Instead, the charges against her centred on an incident the next day in the Afghan police compound, where US soldiers and FBI agents sought to question her.

Siddiqui grabbed a US warrant officer's rifle while she was detained for questioning in July 2008 in Afghanistan's Ghazni province and fired at the FBI agents and military personnel, who returned fire. None of the US agents or personnel were injured but Siddiqui was shot in the incident.

"She saw her chance to kill Americans and she took it," Christopher LaVigne, the prosecutor, told jurors.

Appeal Expected

But Linda Moreno, Siddiqui's defence lawyer, said during the trial that there was no evidence the rifle had ever been fired, since no bullets, shell casings or bullet debris were recovered and no bullet holes detected. Moreno also said the testimony of the government's six eyewitnesses contradicted one another on Siddiqui's location in the 28sq m room, the number of bullets fired and who was present.

Tina Foster, a spokeswoman for the Siddiqui family and the executive director of the International Justice Network, told Al Jazeera that there were "a lot of unfair rulings made by the judge and I think we can expect to see an appeal".

"Aafia walked into that courtroom already labelled a terrorist by prosecutors, despite the fact that she was not on trial for any terrorism related offence," Foster said. "I think that if there was credible evidence that Aafia Siddiqui had been involved in any sort of terrorist activities ... any sort of plot against the United States that she had been involved in, we would have seen prosecutions for those crimes," she said.

"One has to wonder whether the reasons she was in custody to begin with are ever going to be addressed by the government of the United States. "Why she had been on that wanted list, and why all of these allegations that were not made in court have continued to be leaked to the media and have continued to paint Dr Aafia in a negative light despite the fact that she has never been charged with any terrorism activity."

Pakistan's embassy in Washington also voiced its criticism, saying it was "dismayed over the unexpected verdict". "The government of Pakistan made intense diplomatic and legal efforts on her behalf and will consult the family of Dr Aafia Siddiqui and the team of defence lawyers to determine the future course of action," it said.

Source: http://english.aljazeera.net/news/americas/2010/02/201023234822659697.html

Wednesday, February 03, 2010

"What It's Like: Part 2" by Tarek Mehanna




... it is 6 P.M. when I arrive. I am booked, shackled up, and led all the way to the other end of the prison with two guards escorting me on either side. I was arrested this morning right as the night-long calls from court that enforce my curfew had stopped. So, I haven't properly slept in over 24 hrs. and I am not in the best of moods. I am even less so when I see that I'm taken straight into isolation, but the main thing on my mind is just to get some sleep. Pray 'Isha' and sleep.

I am led into a dimly lit double-tiered hall, with roughly ten cells lining each floor. There is an odd, complete silence that contrasts greatly with the noise I just left behind. My first cell in this place is #110, a cute little suite left urine-stenched courtesy of its former tenant who decided he was too good to use the toilet. The guards shrug as they unshackle my arms & legs and tell me I'll probably be moved to a different cell shortly once he's back from his psychiatric evaluation. I ask which way east is, make wudu', pray, and lay down for the first uninterrupted sleep I've had in nearly a year.

As I fall asleep, I wonder how the guys I met last year in population are doing . . .

. . . I first was held here in November 2008. Before I continue, let me explain the brief history: I graduated from college in May of '08, and subsequently obtained my dream job - I was hired as a clinical pharmacist to establish the first diabetes clinic at the King Fahd Medical City Hospital in Saudi Arabia. The FBI took note and decided this to be the appropriate time to give me an ultimatum: 'work for us or we'll arrest you.' I decided to continue with my original plans, and was about to board my Nov. flight to Riyadh when i was arrested. That is when I first came here, where I spent 42 days awaiting a federal judge to decide on my release. I was released to the custody of my parents (this is why I was at home for the past year), was placed under a court-ordered curfew enforced through automated phone calls that went on until 6 A.M. nightly, my passport was confiscated, I was confined to the state, and was unable to find work in my field due to the federal charge now on my record - all in addition to the $1.2 million ransom (bail) demanded by the government which included my family's home and life savings. This went on for nearly a year until the government decided to rearrest me and pile on more charges, with the eight-year sentence I was facing under Bush now bumped up to one of life-plus-sixty under Obama. Apparently, this was the "change we can believe in" that was being referred to!

So, that first time I was here in November '08, I was brought in to a dormitory - style unit that resemble a summer camp. It was an open space where inmates walk freely between the rows of bunk beds, as opposed to being hunkered down in cells. This is called 'orientation,' and population inmates spend three days here before being classified to their respective units. I'd never been to prison before, and had no idea what to expect walking into this unit. But, my instinct told me that i had to put up my flag, now or never. The one thing I did know about prison was that even as a new comer, I wasn't going to act like one. So, rather than conceal myself and retreat to the shadows, I decided to pretend that I owned the place. I walked to the center of the unit where there was a bit of open space, laid out my bed sheet, put up a sutrah, and prayed Maghrib with about a hundred inmates looking on. Thus, I was able to break the intimidation factor of prison environment from my first hour inside.

This is a method that can be applied at work, school, etc. for Muslims who might be nervous or intimidated into hiding their beliefs or practices. Rather than let the environment control you, be strong and proud and establish your presence from day one. This is the only way your co-workers, classmates, boss, etc. will respect you, and it is the only way other inmates will respect you in prison. People will respect us when they see that we respect ourselves.

A group of tatooed Latinos noticed me praying and walked over once I was done and introduced themselves. They offered to obtain me a Mushaf, they pointed out what food i should avoid, and they even offered to keep the shower area clear of other inmates while i was in there in light of the Islamic rules of modesty they were well aware of. I would come to discover that Muslims are the most respected group in the prison system. Muslims in prison have a reputation for being disciplined, clean, distanced from homosexuality & drugs that are rampant in there, generally minding their own business, and it didn't hurt that Malcolm X was a Muslim.

So, in here, first impression is everything . . .

. . . That was back in 2008. In my current location it's a bit harder to interact in such a manner, but there are still ways.

There are three modes of communication down here. One is the use of written notes passed through the unit runner. This is generally reserved for inmates requesting items to borrow or use from other inmates. For example, I'm the only one down here who orders honey from the prison commissary. I always have a bottle of it in my cell. One day, the cell above me sent a note down asking to use some to make his instant coffee. I only had a small amount left, I sent it up to him with the runner. A few hours later, he sent the bottle back along with a coffee pouch filled with some of the coffee he'd made. Allah provides!

Some cells have air ducts connecting them , and prisoners in these cells will sometimes shout through the vents to those next to them or above them. It's very difficult for them to hear each other due to the distance and the constant whirring of the ventilation system competing with their voices. So, they often have to shout very loudly, and I am sometimes able to make out their words. Here is a sample of a conversation I overheard a few weeks ago:

"... Yo! What Color is Winnie the Pooh?"
"He's yellow."
"Nah, he looks gold."
(silence)
"He's yellowish-gold, I think."
(silence)
"That nigga is definitely yellow!"
"Yeah, but what about his shirt?"

Hopefully, this gives you an idea of the topics occupying people's minds down here. Not very intellectually stimulating.

The third way to get a whiff of social activity is through the small slit at the bottom of our cell doors. Basically, you lay down next to the door and speak into it, and whoever is on the other side can hear you, and they respond in kind. The best time to catch someone and pull them into a conversation is when they are waiting to leave the unit for a court date or such, or when they are first coming in. You just yell out to them as they walk by, and that is the chance to have a five minute conversation. I am always curious about people's histories and backgrounds, so I take every chance I can get to converse. One of the first guys I spoke to down here was a general in the Croatian military, wanted by the International War Crimes Tribunal. Another one, Vee Cee, is accused of shooting someone in the head to steal his gold necklace (he answers every question by rapping). I also came across a fellow who calls himself D.O.G.:

"They call me D.O.G."
"Dog?"
"No. It's D-O-G."
"Dog ..."
"No! D-O-G."
"That spells 'dog', my friend."

The way I see it, prison is much like Hajj. No matter how rich or poor, everyone is in the same place, wearing the same simple clothing, eating the same food, enduring the same hardships, and awaiting the same outcome (freedom). Nothing on the outside matters - this is their world now. Their fancy cars, guns, girls, cash, drugs, and flashy clothes are all gone. All of the material possessions through which they elevated themselves above others on the street are now out of sight and irrelevant. They all find themselves facing an unpleasant reality; are desperate to escape it, and are humble towards whatever they feel can alleviate its harshness. And not surprisingly, many of them turn to religion. This is one of the best - if not the best - places to tell others about Islam.

The one who is serving a 20 year sentence for a crime committed in a moment of intoxication - how do you think he will respond when you tell him that because you are a Muslim, alcohol has never touched your tongue? The one who feels he has wasted his life and ruined it - how do you think he will react internally when you tell him about the Hereafter, Paradise, Hell, etc. and teach him that even if he screwed up this life, he has an eternal life that he still has a chance to set right? The one who has lost all hope in those around him - what would he want to hear more than that he has an All-Hearing, Knowing, Seeing, and Responding Lord who is just a supplication away? Along with hospitals, prisons are one of the few institutions in this society that have designated chaplains & chapels. Why? Because these are the settings where man discovers the truth of his state; these are the settings where we realize our weaknesses & limitations & helplessness, and realize the value of hope in our Creator.

So in a sense, prison sets our heart free from the illusions of everyday life ...

... I'm laying in bed sometime before Fajr when I hear something slide under my door. I get up to see what it is, and find a book ( 'Looking for a Way Out' by Michael Norwood). I look out to see who it was, and I see Knipps on his way to court. Knipps is one of the few guys in here that I was able to have some intelligent conversations with. We;d been exchanging books through the runner, and he truly enjoyed reading 'Enemy Combatant' when I'd lent it to him a while back, and I likewise benefitted from what he had let me borrow. I am therefore not surprised to to see that he had given me this book. I shout out through the slit in the door that I'd get it back to him when I complete it. I open up the book and find a handwritten note inside:

TAREK,

GOOD LUCK WITH EVERYTHING, MY FRIEND. I HOPE THIS BOOK INSPIRES YOU. DON'T EVER GIVE UP!!! THERE'S ALWAYS HOPE ALTHOUGH QUITE OFTEN, YOU HAVE TO WORK TO FIND IT.

I LIED TO YOU ABOUT THE DETAILS OF MY CASE. I DON'T LIKE TO REVEAL THEM, AND I THINK YOU'LL FIND THAT'S FAIRLY CONSISTENT ACROSS THE PRISON SYSTEM. TRUST HALF OF WHAT YOU SEE AND NONE OF WHAT YOU HEAR. I HAVE FOUR (4) VICTIMS IN MY CASE, WITH 26 TOTAL CHARGES. EIGHT OF THOSE CHARGES ARE FOR A (VIOLENT CRIME).

UNFORTUNATELY, DUE TO OVERWHELMING EVIDENCE IN MY CASE, I AM ACCEPTING A PLEA DAL FOR 25-30 YARS. IF I TOOK IT TO TRIAL, I WOULD UNDOUBTEDLY BE SENTENCED TO 80+ YEARS, WHICH IS A LIFE SENTENCE CONSIDERING I'M UNDER 40, BARELY. MUCH OF THE CASE STEMMED FROM LIES, BUT ENOUGH LIES COMBINED WITH SOME TRUTHS IS ENOUGH TO GET A CONVICTION, UNFORTUNATELY.

I'M SORRY FOR LYING TO YOU. YOU DESERVE THE TRUTH. I'D LIKE TO HEAR FROM YOU, BUT IF YOU NO LONGER WANT TO WRITE ME, I COMPLETELY UNDERSTAND.

~ GO WITH GOD ~

YOUR FRIEND,

K.

He's left his mother's address for me to contact him through at whichever prison he's being transferred to (it is illegal for prisoners to communicate directly with each other through the mail). I step back and think about the oddity of it all: this man who did what he did referring to me as a friend, and I am about to write him with sympathy and sadness in my heart for what I've just read. What a waste.

I am often asked by family and friends about the worst aspect of being here. My reply is that among all of the other factors of life that prison upsets, the most apparent and deeply affecting is that of one's social circle. We are used to seeing the people we love, those who we can relate to, those we are familiar with and can trust and trust us; those we reach out to and who reach out to us for companionship define who we are, and constitute an inseparable component of our lives. To have that component torn off and replaced without a choice in the matter is probably the most consistent reminder of imprisonment, as the desire to call a friend, or invite someone for coffee, or seek advice from a wise man - all are met with the return to reality of where I am and who I am surrounded by. It is an inevitable consequence that when one is removed from a particular environment, that environment adapts to the change. Likewise, when he is placed in a new environment, he is shaped by and adapts to that change. My daily task of compensating for this change is fulfilled through two main routes, both of which I will write about in the future (in Sha' Allah): books and letters, which are my sources of good in here.

I close by saying this: despite these conditions, despite these surroundings, & despite this solitude, I consider myself in the company of the most noble, honorable people on the face of the Earth. They are white, black, brown; they speak dozens of languages, hail from all corners of the Earth, and are likewise unjustly imprisoned by the tawaghit of their locales in all corners of the Earth for their Tawhid. These dear brothers (and sisters, unfortunately) occupy a position in my heart that can be filled by no one else. They are experiencing my ordeal along with me, and I am experiencing their ordeal alongside them, and nobody can change that despite the hundreds and thousands of miles that separate us, and whoever of them happens to read this should know very well that I love them for Allah's sake and supplicate for them by named in the last third of every night, and by location for those whose names are unknown to me ...

... As the night ends, I grab the Mushaf and sit next to my cell door. I lean toward the open slit at the bottom, and I decide tot take advantage of the unit's good acoustics. I recite Qur'an for a while to the unwitting audience of whoever happens to be walking by & whoever can hear me from their cells across the unit.

When I'm done, there is complete tranquility, و الحمد لله.

(To be continued, in Sha' Allah)

طارق مهنا
Tariq Mehanna
6th of Safar 1431/ 22nd of January 2010
Plymouth Correctional Facility
Isolation Unit - Cell #108

Source: www.facebook.com/topic.php?topic=14214&uid=159128188381

Tuesday, February 02, 2010

HHUGS: Urgent Request for Manchester Volunteers




Hhugs urgently require volunteers to transport a family from Longsight to Manchester Crown Courts for 9:30am and to collect and transport them home again at 4:30pm. It is the start of a trial of two sons, and it is on behalf of their parents and sibling. The trial will be ongoing for 5 weeks so as many volunteers as possible are required to fill the slots. Even if you can provide support on one of the days listed below it would be greatly appreciated.

If you can help or require further information please contact 07540 72 99 99 or email blackburn@hhugs.org.uk

JazaakumAllaahu khaira. Thank you for your support.

Tuesday 16th Feb
Wednesday 17th Feb
Thursday 18th Feb
Friday 19th Feb

Monday 22nd Feb
Tuesday 23rd Feb
Wednesday 24th Feb
Thursday 25th Feb
Friday 26th Feb

Monday 1st May
Tuesday 2nd May
Wednesday 3rd May
Thursday 4th May
Friday 5th May

Monday 8th May
Tuesday 9th May
Wednesday 10th May
Thursday 11th May
Friday 12th May

Monday 15th May
Tuesday 16th May
Wednesday 17th May
Thursday 18th May
Friday 19th May

Monday, February 01, 2010

£8m Legal Bill For Control Orders





The Government has run up a legal bill of more than £8 million trying to maintain its controversial control order regime, it was revealed.

Details of the costs were released by the Home Office after it suffered a series of defeats in the courts by terror suspects who claimed the detention arrangements breached their human rights. But Home Secretary Alan Johnson insisted the system remained an "important tool" to protect the public from terrorism.

And, in a separate report, the independent reviewer of terrorism legislation, Lord Carlile, said that abandoning the regime entirely would have a "damaging effect on national security".

Information about spending on control orders was disclosed by the department in a memo to the Commons Home Affairs Select Committee assessing their effectiveness. It said the system had cost the Home Office some £10.8 million between April 2006 and August 2009. This included staff and administrative costs as well as legal expenses.

The memo went on: "The extensive internal and judicial scrutiny relating to control orders to ensure that they remain fair and justified, including the automatic review of all control orders by the High Court and the ongoing litigation on the control order regime, means that there are inevitably significant legal costs associated with the process (over £8 million of the £10.8 million total)."

The document admitted that was a "significant sum of money", and the Government was attempting to "minimise the costs". "But viable alternatives to control orders, such as surveillance, would be considerably more expensive," it added. "The reality is that without control orders there would be an unquantifiable increased risk to the public from controlled individuals."

Source: www.google.com/hostednews/ukpress/article/ALeqM5jjjfImbma6EYgqudJ5Xo7PsMf-Uw

Saturday, January 30, 2010

Feds Don't Need To Repatriate Khadr




The fate of accused war criminal Omar Khadr rests with an American military commission after the Supreme Court of Canada concluded it can’t make the federal government try to bring him home.

The court said bluntly that Canadian officials violated Khadr’s constitutional rights when they questioned him at the Guantanamo Bay detention centre in 2003 and 2004. But it disagreed with two lower courts that said the federal government must request his repatriation.

“That’s pretty much the end of the road in terms of the Canadian government assisting him at all,” said Nathan Whitling, one of Khadr’s Canadian defence lawyers. Instead, the defence will now focus on the 23-year-old’s July trial before a military commission in Guantanamo, which Whitling called “a kangaroo court that makes it up as they go along.”

Khadr was charged by the United States with murder and several other offences for allegedly throwing the grenade that killed a U.S. military medic in Afghanistan in 2002. He was 15 at the time. The Supreme Court was asked to rule on whether Canada had a legal obligation to try to repatriate him. In its decision, it said courts are reluctant to intervene in foreign affairs policy and must respect the separation of powers in government.

“The proper remedy is to grant Mr. Khadr a declaration that his Charter rights have been infringed, while leaving the government a measure of discretion in deciding how best to respond,” the nine judges said in a unanimous decision.

Justice Minister Rob Nicholson said the government was pleased at the outcome and “will carefully review the Supreme Court’s ruling and determine what further action is required.”

The federal government does not come out of the judgment unscathed. The court hammered the actions of federal officials toward the young prisoner, whom they interviewed at Guantanamo in 2003 and 2004.

For example, in 2004, when Khadr was 16, he was interrogated at Guantanamo by Canadian officials without a lawyer present and after being subject to what was known as the “frequent flyer program” whereby suspects were deprived of sleep over several weeks to soften them up for questioning.

“Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the fruits of the interrogations would be shared with the U.S. prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects,” says the judgment.

The court said theses acts violated section 7 of the Charter of Rights — the right to life, liberty and security of the person. The judgment does not preclude the government asking the Americans for Khadr’s return. In fact, it says that the breach of Khadr’s rights continues, so the original legal remedy sought — repatriation — “could potentially vindicate those rights.”

Source: www.torontosun.com/news/canada/2010/01/29/12667276.html#/news/canada/2010/01/29/pf-12662511.html

Friday, January 29, 2010

A Week in the Life of Babar Ahmad




‘Masjid Yusuf’ (above) was made by Babar Ahmad in prison using approximately 25,000 matches.

Fighting extradition to the US, Babar Ahmad has been detained in Britain without charge since 2004. He details his prison life.

Prison life consists of routine, routine and more routine. This is what turns days into weeks into months into years, before you realise it. My winter routine begins at 5.30a.m. This serene period is my private time for prayer, supplication and reflection. I have a long list of people that I pray for, including others detained unjustly throughout the world and all those that have supported me and my family over the last six years.

After a light breakfast I usually exercise for up to an hour. Some days I use the rowing machine. Other days it is weight-training. Exercise is vital in prison to maintain healthy blood circulation and prevent muscle wastage.

Following exercise I phone my family and sometimes, solicitors. Having committed solicitors lightens the prison experience enormously because they are always there for you. However, prison phone rates are several times more expensive than a street phone box. Most of my weekly expenditure goes on phone credit. I am known as a “phone warrior” to other prisoners - sometimes they joke that I should have bought shares in British Telecom!

I read The Guardian and The Times every day. I also read periodical newspapers and magazines from Islamic and non-Islamic publishers: left-wing, right-wing, Arabic and English. Some of these I pay for, others are paid for by the prison or publishers themselves. I like to know what is going on in the outside world. I keep a file containing media articles about me going back the six years that I have been in prison.

I also read a variety of Islamic and non-Islamic books, especially on history, law and current affairs. I enjoy reading prison memoirs and real-life stories of people who have overcome extreme hardships yet they survived to tell the tale. Such books renew my hope and inspire me.

I make time in the week to answer letters. I received one this week from the actress Vanessa Redgrave writing how much she enjoyed her visit to see me. I fall short in replying to all the mail that I receive, but I always try my best to respond to letters from fellow prisoners elsewhere in the Prison System. Words from one prisoner to another are very special because both relate to each other’s suffering.

This week I had the monthly body-strip and cell search that all Category A prisoners are required to undergo. As usual, nothing illicit was found on me.

I have been held in isolation since December 2008 and only permitted to associate with six other prisoners. The legality of isolating un-convicted prisoners for no valid reason is being litigated through the courts but it is a slow process.

My parents visit me every week. Members of my local community have organise a rota amongst themselves to bring my parents to see me. They wait in the prison car park throughout the visit then drive them three hours back to London. All in all, it is an 11-hour round trip, longer if there is traffic. Others frequently give my parents envelopes of cash to help pay for visits’ expenses. It is unsung heroes such as these that I pray for every single night.

2009 was a good year for me. After five long years of legal proceedings the Metropolitan Police finally admitted that, during my arrest in 2003, they subjected me to “grave abuse tantamount to torture”. My family’s press statement outside the High Court on that sunny March afternoon made news headlines around the world. Relatives phoned the family home from near and far, whilst others brought flowers with congratulations. When you have suffered setbacks and disappointments for years on end, winning for once makes you feel on top of the world.

In the late hours of ever night I listen to the faint sound of prisoners in neighbouring cells reciting the Qur’an. Last Ramadan, within our small, isolated unit of seven prisoners, the Qur’an was completed over 30 times. Many pleas went up to The Almighty that month. Every night, when I lie down to sleep I wonder whether this will be my last night in captivity.

You can write to Babar at:

Babar Ahmad A9385AG
Detainee Unit
HMP Long Lartin
South Littleton
Evesham
Worcs. WR11 8TZ

http://www.freebabarahmad.com/

Thursday, January 28, 2010

US Send Uzbek From Guantanamo To Switzerland




An Uzbek detainee held at the U.S. military prison at Guantanamo Bay, Cuba has been sent to Switzerland for resettlement, the U.S. Justice Department said on Tuesday.

The prisoner was the latest transferred from the facility as the Obama administration seeks to close the controversial prison opened in 2002 to house foreign terrorism suspects. Obama's goal to close it within a year of taking office went unfulfilled last week.

There are still 192 prisoners at the facility, which has long been criticized by human rights activists and foreign governments. Obama and other critics say the prison has served as a recruiting symbol for anti-American militants.

The latest transfer represents a small acceleration by the Obama administration to remove detainees from the facility. Three detainees were sent to Slovakia on Sunday, two Algerians were sent home last week and 12 detainees were sent to Yemen, Afghanistan and Somaliland in late December.

The Justice Department declined to identify the Uzbek national sent to Switzerland. Last month Swiss Justice Minister Eveline Widmer-Schlumpf said the individual will get immigrant status and be eligible to work.

The Swiss agreed to take the Guantanamo detainee on humanitarian grounds and said that he posed no danger, noting he had been cleared for release in 2005.

Source: www.reuters.com/article/idUSTRE60P47R20100126

Wednesday, January 27, 2010

Supreme Court Quashes Treasury terror Assets Order



The UK Supreme Court has ruled that special Treasury orders that freeze the assets of terror suspects are unlawful. The judges at the UK's highest court said the government had exceeded its powers by controlling the finances of five suspects. They also lifted a ban on identifying the men who brought the challenge.

The court said the government should have sought Parliament's approval for the asset freezing regime, rather than creating it automatically. The five men at the centre of the case have only been usually allowed £10 a week in cash and need special permission for other expenses.

One of the men, Mohammed al-Ghabra, was named before Christmas. The other four were named in the Supreme Court on Tuesday: Hani el Sayed Sabaei Youssef, Michael Marteen, formerly Mohammed Tunveer Ahmed, Mohammed Jabar Ahmed and Mohammed Azmir Khan.

The court has suspended its judgement for a month , which will give the government time to change the law so it can go ahead and lawfully freeze alleged terrorist assets. In the meantime, suspects will continue to have their assets frozen. In all, approximately 150 are covered by the UK regime and 40 have bank accounts or are based in the UK.

UN Orders

In the ruling, the Supreme Court justices said that if the government wanted to take "far-reaching measures" to combat terrorism then it needed the approval of Parliament.

Lord Hope said: "Even in the face of the threat of international terrorism, the safety of the people is not the supreme law. "We must be just as careful to guard against unrestrained encroachments on personal liberty."

The two orders to freeze assets were brought in by Gordon Brown when he was Chancellor of the Exchequer.

The original Terrorism (UN Measures) Order 2006 and the 2006 al-Qaeda and Taliban (UN Measures) Order were made under section 1 of the 1946 UN Act in order to implement resolutions of the UN Security Council. Both orders became part of British law without a Parliamentary debate, which the men said was unfair because the government had created offences without putting it to a vote.

The Treasury issued the men with licences for specific purposes, such as claiming benefits. The men were allowed about £10 a week in cash and had to provide officials with receipts for everything they spent. The men had argued that the asset-freezing regime severely affected their ability to use property and cash from any source and, in turn, left their families open to criminal prosecution if they offered help.

In one situation, a minister had to be consulted on whether a suspect could use a car to get the family groceries from a supermarket because the vehicle was classed as a financial resource.

The men also argued that the British system went beyond what the UN had set out to do by targeting those accused of links to terrorism, rather than just those convicted at trial.

Supremacy of Parliament

Lord Hope said the Treasury had exceeded its powers in how it had devised and implemented the Terrorism Order.

"This is a clear example of an attempt to adversely affect the basic rights of the citizen without the clear authority of Parliament," he said.

Turning to the second type of restriction, the al-Qaeda Order, Lord Hope said that one of the five men, Mohammed al-Ghabra, had been denied a basic right to challenge his restrictions.

Explaining the judgement, Lord Phillips, president of the Supreme Court, said: "Nobody should conclude that the result of these appeals constitutes judicial interference with the will of Parliament. "On the contrary, it upholds the supremacy of Parliament in deciding whether or not measures should be imposed that affect the fundamental rights of those in this country."

A spokesman for the Treasury said it would abide by the ruling and legislate as quickly as possible.

"It's important to be clear that this ruling does not challenge the UK's obligations under the UN Charter to freeze the assets of suspected terrorists, which we will continue to meet. "We will introduce fast-track legislation to ensure there is no disruption to our terrorist asset-freezing powers."

Source: http://news.bbc.co.uk/1/hi/uk/8482630.stm

Tuesday, January 26, 2010

Gaza Families Fight To Visit Relatives In Israeli Prisons



Umm Faris Baroud of Shati refugee camp in western Gaza City wakes up early every Monday in the hope that she will be allowed to visit her son Faris, serving a life sentence in one of Israel's prisons.

With poor knees and a stooped back, Umm Faris, aged 88, moved slowly as she welcomed us to her modest home. "For the past two and a half years I have been unable to visit Faris," she explained. "Every Monday, I participate in a weekly protest along with many other families including mothers, wives and children of detainees, at the office of the International Committee of the Red Cross [ICRC]. We demand a fair right: seeing our beloved children."

On her way to the ICRC office, located about two kilometers from Shati refugee camp, Umm Faris was joined by her neighbor Umm Mahmoud al-Rayis, who is also waiting to see her son Mahmoud, also sentenced for life.

The weekly ritual begins early each Monday as dozens of family members of the 950 detainees who originate from Gaza, chant slogans, meet ICRC officials and show solidarity with one another.

"I pray to God that I will see Faris before I pass away. Every time I come here I ask the ICRC to help, but no one is taking care of us," Umm Faris said while waiting in the ICRC office's reception hall after taking part in the weekly demonstration. Umm Faris and many other detainees' relatives are waiting for a glimpse of hope that they would eventually be able to visit their loved ones held in Israeli prisons and detention camps. For more than two and a half years, the ICRC has been in communication with Israel, but can still offer no such promise, as Israel has virtually forbidden family visits to prisons outside Gaza where Gaza detainees are being held. For the prisoners' relatives, there is nothing to do but protest.

"The family visitation program has gone through various difficulties since 1995, but used to be renewed regularly," said Iyad Nasir, spokesperson for the ICRC in Gaza. In June 2007, however, when Israel tightened its siege of Gaza, Israeli authorities blocked the program for Gaza detainees even while allowing families of West Bank detainees to continue to visit.

Nasir added that the ICRC's efforts to guarantee communication between the families and their beloved ones inside the Israeli jails, have not borne fruit. "Previously, in similar situations we have succeeded, but unfortunately this time we have failed. Recently, the ICRC has reiterated its demand to renew the family visitations for Gaza-based detainees' families," Nasir said.

Israeli authorities have not given a specific justification for their decision to deny Gaza families permission for prison visits, according to the ICRC spokesman, though he stressed that it was a humanitarian matter.

Palestinian human rights groups have demanded all relevant parties -- particularly foreign states -- to pressure the Israeli government to abide by its obligations under international humanitarian law (IHL), particularly the 1949 Fourth Geneva Convention. Israel violates IHL by transferring detainees from the occupied West Bank and Gaza Strip to prisons inside Israel, and Palestinian detainees are subjected to substandard conditions and inhuman treatment and torture.

In December, relatives of 14 Gaza prisoners went to the Israeli high court to seek an end to the ban on prison visits. The Israeli court rejected the lawsuit, filed on their behalf by HaMoked - the Center for the Defense of the Individual, and Adalah - the Legal Center for Arab Minority Rights. In its decision, the court acknowledged that "It is true that the security prisoners are entitled to rights and these should not be withheld beyond what is necessary." Nevertheless, the court upheld the Israeli government's ban on prison visits and declared that such visits "are not a humanitarian need."

"We have tried repeatedly to call on those who ratified the international humanitarian conventions to pressure Israel to abide by its obligations," Jaber Wishah, deputy-director of the Palestinian Centre for Human Rights in Gaza, told The Electronic Intifada. Wishah said that if Israel failed to meets its obligations, it should be treated in a similar way to the South African apartheid regime. Wishah emphasized that families eager to see their loved ones inside Israeli prisons, have the right to do so, according to IHL including the Fourth Geneva Convention.

The issue of Palestinian detainees is one of the most contentious in Palestinian-Israeli relations. Since Israel occupied the West Bank and Gaza Strip in 1967, it is estimated that hundreds of thousands of Palestinians have been arrested and detained. Many detainees have been jailed for lengthy periods by Israeli military courts that have been condemned by international human rights groups for failing to uphold minimal standards of fairness. Many others are placed under "administrative detention" without charge or trial of any kind.

Currently, more than 7,500 Palestinians are detained by Israel, including 800 who are sentenced to life terms. Meanwhile, mothers like Umm Faris can only wait while their sons remain behind bars. "I still remember how kind he has been to me. He used to take care of me when I needed him. My only hope is to see him before I pass away," she said.

Rami Almeghari is a journalist and university lecturer based in the Gaza Strip.

Source: http://electronicintifada.net/v2/article11027.shtml

Monday, January 25, 2010

Help Buy A Prosthetic Limb For Former Uighur Guantanamo Prisoner, Ahmad Abdulahad




Ahmad Abdulahad was one of several Uighurs unlawfully detained in Guantanamo bay in 2002. He is a transtibial amputee whose leg was amputated shortly after arriving at the Guantanamo camp. He was one of three Uighurs released to the tiny island of Palau in the pacific. With his current prosthetic limb he can barely stand for fifteen minutes. Help to replace his prosthetic with the best that is available.

Ahmad and his Uighur brothers fled their homeland in far-western China to escape persecution for their religious and political beliefs. They were unable to remain safely in bordering Central Asian nations (like Kyrgyzstan and Kazakhstan) which are notorious for forcibly returning Uighur expatriates to China. During the pre-war period, Uighur refugees from China often fled to Afghanistan, which offered a temporary refuge from the invariable risk of extradition they faced in other Central Asian states.

In October 2001, they were living peacefully in Afghanistan, in particular, in Jalalabad and Kabul. After the September 11 attacks, the United States began military operations in Afghanistan. At this time, the U.S. military began distributing bounty leaflets throughout the border areas of Pakistan and Afghanistan promising "wealth and power beyond your dreams" for the handover of "Taliban" and "murderers."

In exchange for these financial rewards, local tribesmen and villagers were turning over anyone they could find. Hundreds of men, including the Uighurs, were swept up in a conflict in which they took no part. The Uighur men like so many other foreign nationals, were sold to the U.S. military by Afghan and Pakistani bounty hunters for approximately $5,000 each. They were subsequently transported to Guantanamo and detained,imprionsoned and tortured as "enemy combatants."

After years of litigation, these Uighurs were granted the right to challenge their detention in a U.S. federal court. The U.S. government has never charged them with a crime. The U.S. government has never made a single allegation that they were engaged in a terrorist act. In 2008, when forced by a federal judge to justify the basis of their detention, the government conceded it had none and abandoned its case against the Uighurs. Although the U.S government dropped the claim that they are "enemy combatants," They remained at Guantanamo for another 13 months. Under domestic and international law, the U.S. government could not return them to China where they would likely be imprisoned, tortured, or even killed.

Ahmad’s US-based legal team write:

As it turns out, our clients had been cleared for release from Guantanamo for years. The U.S. Department of State was already engaged in diplomatic discussions -- for six years -- to resettle the Uighurs overseas. The State Department had approached over 100 countries to provide asylum to our clients. These efforts failed largely because of extensive diplomatic resistance from China to resettlement of the Uighurs abroad. Our clients remained in Guantanamo for nearly a decade simply because they were refugees with nowhere to go.

On October 31, 2009, after nearly eight years of unlawful imprisonment at Guantánamo, three of the Uighur prisoners, including Ahmad Abdulahad were released to the Republic of Palau -- a tiny island nation in the Pacific Ocean lying 500 miles east of the Philippines. The island contains 20,000 people. Until recently, it contained no Uighur population. The relocation to Palau is intended to be temporary. Although there is no guarantee they will be permanently resettled elsewhere the search for a home where they can resettle permanently continues.

Ahmad Abdulahad is a transtibial amputee. Unfortunately for Ahmad, whose leg was amputated shortly after his arrival in Guantánamo Bay nearly eight years ago, he was never fitted with an appropriate prosthesis nor given the appropriate medical care that would allow someone in his condition to achieve full mobility. Although he is only 38 years old, Ahmad uses crutches (in Guantanamo, they gave him a walker) to walk independently. Ahmad regularly experiences significant pain in his residual limb. With the prosthesis he was provided in Guantanamo, he cannot stand or walk comfortably for more than 15 minutes.

Ahmad’s legal representatives are now trying to raise money to provide Ahmad with high-quality medical care and a state-of-the-art prosthetic device. They have found an orthopedic surgeon -- who shared in a Nobel Peace Prize in 1997 for the International Campaign to Ban Land Mines -- and one of the world’s leading prosthetist -- who has worked with over 1,000 transtibial patients, has featured some of his complex patients on an eight-part series on the Discovery Health Channel, and is himself a former Olympic athlete. This nationally-renowned medical team has volunteered their time and services to make the very long journey to Palau (27 plus hours) to provide Ahmad the medical care he needs -- all pro bono. The surgeon will evaluate of the health of Ahmad's residual limb and perform (if necessary) possible corrective surgery and the prosthetist will provide Ahmad with a newly functioning properly-fitted prosthetic leg.

The plane tickets to Palau and the component parts necessary to craft a prosthetic device are very expensive. One of the best prosthesis manufacturers in the world has generously agreed to discount the price of the prosthesis by approximately 70%. In addition a significant amount of money has already been raised - enough, in fact, to send the orthopaedic surgeon to Palau. However, we still need to raise approximately $10,000 [approx £6,150.00] in order to purchase the prosthesis and to fund our prosthetist's flight to Palau. The only thing that stands between Ahmad and his chance to achieve successful rehabilitation is raising these funds.

Raising this money would significantly assist Ahmad to walk long distances independently, to take on full employment, and build a life for himself as a free man after eight years of unlawful imprisonment. If you can make a contribution, any amount of donation to this cause, it would be invaluable and greatly appreciated.

Action Required

Contributions can either directly through Ahmad’s legal representatives or, via the Guantanamo Justice Centre. To the extent that more money is raised than is needed, it will be used to pay for other similarly vital resettlement needs (such as to provide plane tickets so that -- to the extent possible -- our clients' families can be reunited with them).

Donation Details

To donate in the UK please send payments through the Guantanamo Justice Centre:

Bank: Natwest
Account name: Guantanamo Justice Centre
Account No: 20052499
Sort code: 601837
IBAN No: GB97NWBK60183720052499
BIC code: NWBKGB2L

Cheques can be made out to “Guantanamo Justice Centre” (with ‘Palau Resettlement’ written on the back). Alternatively, if transferring money online to the above account please write ‘Palau Resettlement’ as a reference or e-mail admin@guantanamojusticecentre.com indicating that you will be sending (or have sent) a contribution (and the amount, if you feel comfortable), so that those in charge of the project can keep track of donations.

If donating in the US please send a cheque to:

Margot Usdan, Chief Financial Officer
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036

Or via bank transfer to:

Bank: Citibank, N.A.
666 Fifth Avenue
New York, NY 1003
ABA No.: 021000089
Account Name: Kramer Levin Naftalis & Frankel LLP
Palau Resettlement
Account No.: 9957431211
Reference: "Palau Resettlement"

Cheques should be made out to "Kramer Levin -- Palau Resettlement." If you can make a donation, we would greatly appreciate a response to this e-mail indicating that you will be sending a contribution (and the amount, if you feel comfortable), so that those in charge of the project can keep track of donations. The details of the person to contact are Seema Saifee at ssaifee@kramerlevin.com.

Many thanks for your support.

www.guantanamojusticecentre.com

Sunday, January 24, 2010

Israeli Hand In Iraq's Abu Ghraib Exposed




The former American military chief of the notorious Abu Ghraib prison in Iraq reveals more details about the Israeli involvement in the US-run facility, where hundreds of Iraqi suspects were tortured and sexually abused by US soldiers and interrogators.

Shedding further light on the scandal that has served as a controversy-magnet for Washington ever since its emergence in 2004, the retired US army colonel Janis Karpinski says that Israeli agents were recruited by the US military at Abu Ghraib to interrogate the prisoners suspected of attacking US forces in Iraq.

The report by the Lebanese newspaper Al-Akhbar is set to fuel more debate on the matter as Karpinski had, until recently, refused to expound on the Israeli connection at Abu Ghraib despite admitting earlier to the presence of Israeli interrogators in the US-run compound.

The former high-ranking US military officer in Iraq told the British state broadcaster, the BBC, in 2004 that she had met an Israeli interrogator who was working at a secret facility in Baghdad. The prominent American investigative journalist Seymour Hersh brought the issue out in the open on May 10, 2004, when he published the article, "Torture at Abu Ghraib," in The New Yorker Magazine. The article served to ignite the outpouring of reports and evidences on the alleged "abuse, torture, sodomy and homicide" conducted at the facility by US military and intelligence officers.

In May of last year, more pictures of such abuses leaked out and hit the media networks showing the indiscriminate sexual orientation of American soldiers and operatives, who were shown carnally violating male and female Iraqis alike and assaulting them with nightsticks, wires and phosphorescent tubes.

Following his explosive account on the Abu Ghraib abuses, Hersh asserted that one of the Israel pursuits in the US-run prison was to gain access to the detained members of the Iraqi secret intelligence unit that specialized in Israeli affairs. Israel has been widely criticized by international human rights organizations for the torture and abuse of Palestinian prisoners, including women and children, during interrogations and in prison cells.

US President Barak Obama has 'strongly' opposed the release of more photos and imagery of the Abu Ghraib abuses by American soldiers, despite promises to the contrary when he was first elected. Obama later argued that releasing the scandalous photos, labeled classified by the Bush Administration, would inflame "the theaters of war," jeopardize US forces, and make the life of troops based in Iraq and Afghanistan "more difficult."

Source: www.presstv.ir/detail.aspx?id=116642§ionid=3510203

Saturday, January 23, 2010

Justice Task Force Recommends About 50 Guantanamo Detainees Be Held Indefinitely





A Justice Department-led task force has concluded that nearly 50 of the 196 detainees at the U.S. military prison at Guantanamo Bay, Cuba, should be held indefinitely without trial under the laws of war, according to Obama administration officials.

The task force's findings represent the first time that the administration has clarified how many detainees it considers too dangerous to release but unprosecutable because officials fear trials could compromise intelligence-gathering and because detainees could challenge evidence obtained through coercion.

Human rights advocates have bemoaned the administration's failure to fulfill President Obama's promise last January to close the Guantanamo Bay facility within a year as well as its reliance on indefinite detention, a mechanism devised during George W. Bush's administration that they deem unconstitutional.

"There is no statutory regime in America that allows us to hold people without charge or trial indefinitely," said Anthony D. Romero, executive director of the American Civil Liberties Union.

But the efforts of the task force, which this week completed its case-by-case review of the detainees still being held at Guantanamo Bay, allows the Obama administration to claim at least a small measure of progress toward closing the facility.

"We're still moving forward and in a much more deliberate and less haphazard manner than was the case before," said an administration official, who spoke on the condition of anonymity because the recommendations have not been made public. "All policies encounter reality, and it's painful, but this one holds up better than most."

The task force has recommended that Guantanamo Bay detainees be divided into three main groups: about 35 who should be prosecuted in federal or military courts; at least 110 who can be released, either immediately or eventually; and the nearly 50 who must be detained without trial.

Administration officials argue that detaining terrorism suspects under Congress's authorization of the use of force against al-Qaeda and the Taliban is legal and that each detainee has the right to challenge his incarceration in habeas corpus proceedings in federal court.

In a May speech, Obama said detention policies "cannot be unbounded" and promised to reshape standards. "We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified," he said.

The group of at least 110 detainees cleared for release includes two categories. The task force deemed approximately 80 detainees, including about 30 Yemenis, eligible for immediate repatriation or resettlement in a third country. About 30 other Yemenis were placed in a category of their own, with their release contingent upon dramatically stabilized conditions in their home country, where the government has been battling a branch of al-Qaeda and fighting a civil war.

Obama suspended the transfer of any Guantanamo Bay detainees to Yemen in the wake of an attempted Christmas Day airliner attack, a plot that officials said originated in Yemen. Effectively, all Yemenis now held at Guantanamo have little prospect of being released anytime soon.

"The task force recommendations are based on all of the known information about each detainee, but there are variables that could change a detainee's status, such as being ordered released by the courts or a changed security situation in a proposed transfer state," an administration official said.

Moving a significant number of detainees to the United States remains key to the administration's now-delayed plan to empty the military facility. The federal government plans to acquire a state prison in Thomson, Ill., to house Guantanamo Bay detainees, but the plan faces major hurdles.

Congress has barred the transfer of the detainees to the United States except for prosecution. And a coalition of Republicans opposed to any transfers and some Democrats critical of detention without trial could derail the possibility of using the Thomson facility for anything other than military commissions, according to congressional staffers.

The task force comprised officials from the departments of Defense, State, Homeland Security and Justice, as well as agencies such as the CIA and the FBI. Officials said that the process of assessing the detainees was extremely challenging and occasionally contentious, but that consensus was reached on each case in the end.

Some European officials, who would like to see Guantanamo Bay closed without instituting indefinite detention, are advocating the creation of an internationally funded rehabilitation center for terrorism suspects in Yemen and possibly Afghanistan. They say such a facility would gradually allow the transfer of all detainees from those countries back to their homelands, according to two sources familiar with the plan.

A majority of the detainees slated for prolonged detention are either Yemeni or Afghan, and European officials think the others could eventually be resettled under close supervision. European officials hope to raise the issue at an international conference in London next week that will address the situations in Yemen and Afghanistan.

"We are running out of options, and the administration needs to seriously consider this," said Sarah E. Mendelson, a fellow at the Center for Strategic and International Studies and the author of a report on closing Guantanamo Bay. "There is lots of really good expertise on rehabilitation, and the administration needs to invest in it."

The Bush and Obama administrations considered helping Yemen formulate a rehabilitation program, but the idea foundered amid concerns about the Middle Eastern country's capacity to implement it, officials said.

Since Obama took office, 44 Guantanamo Bay detainees have been repatriated or resettled in third countries, including 11 in Europe. The administration anticipates that about 20 detainees can be repatriated by this summer, and it has received firm commitments from countries willing to settle an additional 25 detainees who have been cleared for release, officials said.

Within a few days, sources said, four other detainees are slated to be transferred out.

Source: www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012104936_pf.html

Friday, January 22, 2010

Hhugs Beneficiary Ziyad Ali Hashem A Free Man




Assalaamu ‘alaykum. Dear all,

More good news to report.

Following the cases of Faraj Hassan, AE and AF this week, a third Libyan who had been detained without trial for years in the UK, under the threat of deportation and then held under a control order has today won his case. Hhugs beneficiary Ziyad Ali Hashem - also known as Emad or Detainee DD - has had his control order lifted. Today he is finally a free man.

JazaakumAllaahu khaira, and thanks to you all for your support.

Please continue to support the work of Helping Households Under Great Stress: hhugs.org.uk//index.php?state=10&cat=1

Thursday, January 21, 2010

How I Fought To Survive Guantánamo





It is not hot stabbing pain that Omar Deghayes remembers from the day a Guantánamo guard blinded him, but the cool sen­sation of fingers being stabbed deep into his eyeballs. He had joined other prisoners in protesting against a new humiliation – inmates ­being forced to take off their trousers and walk round in their pants – and a group of guards had entered his cell to punish him. He was held down and bound with chains.

"I didn't realise what was going on until the guy had pushed his fingers ­inside my eyes and I could feel the coldness of his fingers. Then I realised he was trying to gouge out my eyes," Deghayes says. He wanted to scream in agony, but was determined not to give his torturers the satisfaction. Then the officer standing over him instructed the eye-stabber to push harder. "When he pulled his hands out, I remember I couldn't see anything – I'd lost sight completely in both eyes." Deghayes was dumped in a cell, fluid streaming from his eyes.

The sight in his left eye returned over the following days, but he is still blind in his right eye. He also has a crooked nose (from being punched by the guards, he says) and a scar across his forefinger (slammed in a prison door), but otherwise this resident of Saltdean, near Brighton, appears ­relatively ­unscarred from the more than five years he spent locked in Guantánamo Bay. Two years after his release, he speaks softly and calmly; he has the unlined skin and thick hair of a man younger than his 40 years; he has just remarried and has, for the first time in his life, a firm feeling that his home is on the clifftops of East Sussex.

Deghayes must, however, live with the darkness of Guantánamo for the rest of his days. There are reminders everywhere, from the beautiful picture of Saltdean that was painted for him while he was incarcerated, to the fact that Guantánamo ­remains open 12 months after Barack Obama vowed to close it within a year.

There are still around 200 prisoners left in the detention camp, many of whom have been there for eight years. Of the 800 freed, only one has been found guilty of any crime and he was convicted by a dubious military commission, a verdict that is likely to be overturned. Deghayes, too, does not want to forget. He says there is so much still to be ­exposed about the ­conditions there, and about British ­collusion in the ­extraordinary rendition and torture of men such as him in the months following the American-led ­invasion of Afghanistan in 2001.

Deghayes, one of five children of a prominent Libyan lawyer, first came to Saltdean from Tripoli aged five, to learn English with his brothers and ­sisters on their summer holidays. He would return and stay with British families every summer. Then, in 1980, his father, an opponent of the increasingly totalitarian Gaddafi, was taken away by the authorities. Three days later, Deghayes' uncle was told to ­collect his body from the morgue. ­Harassed and increasingly fearful for their safety, Deghayes' mother sought asylum for her family in Britain. They settled in the place they knew best, Saltdean, in a large white house with fine views over the sea. More than two decades on, the family still lives there.

After a secular upbringing in ­Saltdean, Deghayes became a practising Muslim while at university in ­Wolverhampton, where he graduated in law. When he finished studying to become a solicitor, he had a "longing" to return to Libya but couldn't because of his family name and opposition to Gaddafi, so he left for a round-the-world trip to ­experience Arabic cultures and visit university friends. He enjoyed ­Pakistan's mixture of west and east, and was then tempted into a trip to ­Afghanistan: he saw business oppor­tunities and the chance to use his ­languages (Farsi, Arabic and English) and legal training (understanding both western and Sharia law) to help ­import-export companies.

He fell in love with the country and an Afghani woman; they married and had a son. "I liked the country – such beautiful rivers and different terrains. The people were difficult to get to know at first, but if they knew you and liked you, they'd open their hearts and houses to you," he says. Afghanistan, it seems, triggered many ambitious dreams: he says he helped set up a school in Kabul, assisted NGOs, ­experimented with an agricultural ­social enterprise and exported apples to Peshawar. "I was generating income for myself but I had more ambition than that – to establish myself as a ­lawyer," he says. "Things were really good. Then this war broke out and ­everything was shattered."

Fearing for his new family's safety, he paid people-smugglers to get them all back to Pakistan in early 2002 after the US-led invasion of Afghanistan. He hoped his mother would take his wife and child back to England, while he planned to return to Afghanistan and continue his NGO and legal work. "I still thought I had nothing to fear. Even if there was an invasion, there was nothing I had been doing that was illegal."

They rented a house in Lahore, "far away from the war atmosphere". But then the Americans began paying large amounts of money to find Arabs who had been in Afghanistan. Suddenly, he was lucrative bounty for the Pakistani authorities. "The atmosphere changed completely. Nice Pakistan turned into a trap," he says. One day, their house was surrounded by armed police. He was seized, but not taken to a ­normal police station. Instead he was driven, fast and under heavily armed guard, between secure rooms in hotels and villas. A Kafkaesque nightmare had begun.

Deghayes says he was beaten and ­interrogated first by Pakistani officials. He thinks the Americans and the ­Libyans competed to "buy" him from the Pakistanis, and it appears the Americans won: when he was moved from Lahore to Islamabad, a man ­introduced himself as the head of the CIA's Libyan section. Taken between hotels by armed guards, Deghayes ­believes he saw a man who is now listed as a disappeared prisoner: an Italian Moroccan. "I remember seeing him; he was with me in the same car in Islamabad. He came out crying from the meeting, scared; he was saying, 'No, don't do this to me.'"

Deghayes also describes meeting a British interrogator when he met the CIA section head for the second time. "I was facing the British man, who introduced himself as Andrew. He spoke in an obvious British accent." According to Deghayes, Andrew said he was from the intelligence services and wanted to question him.

"I was really annoyed and said, 'You shouldn't do this, you're helping these people – I'm kidnapped, abducted against my will. Your job is to get me out of here. I'm British and if I go back to England, I will take you to court for what you are doing now.' Andrew was a little bit scared, but he looked at me and said, 'What case would you bring against me?' I had nothing in my mind. He said, 'Listen, if you answer my questions and co-operate with me, I will do my best. I will get you out of there.'"


Deghayes was shown an ­album of 100 photographs of supposed terrorists. He says he did not recognise anyone. One morning, he was tied, bound and blindfolded and taken to an airport. The "thin black bag" was removed from his head: he was standing in front of a mirror, guarded by two US soldiers. They tied another bag over his head, which "felt worse than the first bag – it suffocated me." It smelt "like socks or cheese," he says. "This was an indi­cation of the new regime – there were even harder times coming up."

Inside the plane, it was mayhem: his feet and hands bound together and covered in bags, Deghayes was bundled on top of others in the hold. "People were crying. People were throwing up. Some people were suffocating, and there was a kick here and a kick there: 'Get your head down, you bastard!' Things like that. Then the plane took off and you could smell [the guards] drinking spirits."

They landed in what he later ­realised was Bagram military air base. Here, Deghayes' clothes were taken away and he was given two pieces of blue uniform. He was not allowed to speak to fellow inmates, and was bound to barbed wire before, he says, being beaten and made to suffer "all sorts of humiliation". He spent several months there. "There were no rules in Bagram; people just went in and kicked people if they didn't like them."

He says he did not eat for more than 50 days. "I was really sick; I became a skeleton. I couldn't walk any more. I lost my mind – I was really scared for my mental safety. I tried to eat but I threw up. I started to hear voices in my head because of the hunger. People would say something and I could not understand what they were saying. You hear shouts and you're speaking to yourself inside your head. I started to become really scared because I thought I was losing my brains and ­going crazy."

While he was in Bagram, he was again interrogated several times by ­officials he believes were from Britain. "They felt I was lying to them. I said to them I studied in ­Holborn, London. They said, 'Which train did you take to get there?' They didn't believe anything," he says. "They weren't free to do what they liked; the Americans were running the show." When he said he was too sick to speak, they called him "a bandit".

His British interrogators "came up with lots of ­stupid things" – suggesting the scuba­diving lessons he had taken in the shabby lido in Saltdean, within yards of his family home, were terrorist training. "The Americans took that up in Guantánamo. It was a big headache. They showed me books of military ­scubadiving and ships and mines and they said, 'Which ones did you see?'" The British also accused him of teaching people to fight in terrorist training camps in Chechnya, and claimed they had secret video evidence.

Deghayes had never been to ­Chechnya, and thought all these allegations ­laughable. Only later did he discover through Clive Stafford Smith, director of the human rights charity Reprieve, that his apparent appearance in an ­Islamic terrorist training video in Chechnya was the crucial evidence in a flimsy case against him. The ­authorities refused to give Stafford Smith, who campaigned for Guantánamo detainees, a copy of this videotape, but he eventually obtained one through the BBC.

It was, says the Reprieve director, an ­obvious case of mistaken identity: the person depicted lacked Deghayes' small childhood scar on his face. ­Stafford Smith was able to show that the videotape was of a completely different ­person, actually a Chechnyan rebel called Abu Walid, who was dead. "This was typical of the whole Guantánamo experience," says Stafford Smith. "They said they had evidence and they wouldn't let you see it. Then when you did, it was incorrect."

After two months in Bagram, Deghayes was flown to Guantánamo in autumn 2002. There, prisoners were treated brutally. According to Deghayes, when guards physically subdued them by tying them down, they would "do actions to pretend as if they are raping you. They put you down on your stomach. It was really horrible, all sexual and psychological stuff." On other occasions, he says, guards would hold a prisoner's head and "bang it on the floor".

Deghayes developed a personal ­policy of resistance. Guards would ­typically arrive at a prisoner's cell and spray pepper and other chemicals through the "bean-hole", the hatch in the door. While most prisoners cowered at the back of their cell, Deghayes says he would grab the guards' hands and attack them. He fought back, as viciously as he could, trying to take the fights with guards out of the privacy of his cell and into the corridors.

"It was chaos; they would fall on top of each other and it was embarrassing [for them]. They were wearing all this heavy stuff [body armour] which didn't help either," he says. Some guards ­became afraid of going into his cell. Most, he says, were Puerto Rican and were not driven by the patriotism of the "war on terror". They did not want to get hurt for their meagre wages.

Deghayes did not realise how badly his eye had been beaten until a year ­after the incident, when he looked in a mirror for the first time in four years. He accepts his resistance caused him more physical pain, but believes it ­subsequently helped him. In the camp, he was less fearful.

"I was targeted more, but I was also relaxed compared with others who didn't do that. It was really scary for [the guards] to come into my cell," he says. "Being humiliated by getting beaten up is better than giving your own trousers out. If I'd done those things, I would've been really bitter now. I'm probably less bitter than ­anyone else because I know I gave them a really hard time. If I had given in, and all this was bottled up, I would have been like I see them [other ex-prisoners] – really bitter, full of hatred."

Deghayes says his suffering made his faith stronger; it helped him ­survive. "We knew there's a Muslim [God] ­behind things, there's a hereafter, our patience and hardships will be ­rewarded and the pain has to end sometime. Our religion teaches these things – the good always prevails and the bad is only temporary; the patience of Job, the patience of Moses. All these teachings make a difference." Praying five times a day delivered ­transcendence, removing him from the material world of bodily suffering. "My body and physical being can be chained, can be tarnished, can be beaten, can be raped," he says now, "but not the spiritual: that is something that nobody can bind down. The spirit is what makes us who we are."

As a campaign to free him gained momentum back in Brighton, Deghayes languished in Guantánamo for nearly six years. He was never charged or convicted of anything, by any authority. "And never been apologised to either," he adds. Finally, in August 2007, the British government requested the ­release of Deghayes and four other ­detainees who were legal British ­residents. In the month before his ­release in December 2007, he says, he was deliberately fed well so he would not emerge looking gaunt and half-starved. "For one month we were ­fattened up with milk shakes, ­chocolates and really good cakes."


When he returned to his family in ­Saltdean, he was happy but also dis­orientated. "You know if you are in a forest or walking on the moon, you can't tell what is what. I was like this when I came out," Deghayes says. He was stunned by some of the changes in ­Britain. "To my shock, when I came out from prison the whole country had changed – the surveillance, the Islamophobia, the control orders, secret ­evidence, and people being under ­curfews not being able to leave the house." His neighbourhood also ­appeared to have altered: "We never had thugs and mobs in the street ­before, and kids didn't go binge-drinking or stealing. When I came back, these were some of the changes that I had to adjust to," he says.

While he is very appreciative of the support he had in Brighton, after he was freed his family was targeted by racist teenagers who bullied his ­nephews and threw stones and bottles at their house for months. This stopped, abruptly, after a community meeting and media coverage led the police, rather belatedly, to install a video camera in the window of their home.

His imprisonment also caused his marriage to break down. His wife wrote to him in prison but her letters were never delivered; nor were his to her. "It's cruel, isn't it? These were just ­normal letters between husband and wife." Both believed they had abandoned each other, and they divorced. She now lives with her family in ­Afghanistan. His son, Sulaiman, who is now eight, is staying with Deghayes' mother in the Emirates. They hope eventually to bring him to Britain and give him a western education.

Two years after he was released, Deghayes remarried in ­December and is now busy buying furniture for a new place in Brighton. "Brighton is such a nice city. You can just walk by the sea, and the fresh air comes across. It ­reminds me of Tripoli. ­Before, I used to long for Tripoli; now, only recently, I have started to prefer Brighton. Maybe when you are younger you want to go back to dreams, and when you get to 40 you start to think, this is nicer, this is really what I like."

Deghayes now works with ­Reprieve and other survivors of Guantánamo on legal challenges, ­including a civil case being brought against the Home Office with help from Gareth Peirce, the human rights lawyer. Deghayes hopes there will be a public inquiry into Guantánamo to bring those to account who were ­involved in his interrogation. Financial damages are not, he says, his ­motivation. "Even if I get damages, I will give them to ­charity. The court is an opportunity to embarrass and ­expose those who committed these crimes."

While Reprieve campaigned to get Deghayes released, Stafford Smith ­explains how Deghayes "was a ­tremendously helpful ally in Guantánamo because he was fluent in English and he had a bit of legal training". Stafford Smith brought him legal textbooks but they were censored as a "threat" to national security, and he says he worried for Deghayes' safety during his incarceration. "If it had been me, I would have taken the course of quieter resistance. I was always afraid for Omar, that he would get himself beaten up. I was concerned for him ­because he was constantly being beaten up by the guards, but there's nothing you can do to stop Omar loudly saying what is just and right."

Stafford Smith believes Deghayes has fared better than many veterans of Guantánamo since his release because he had the support of his family, an ­education – and because he has taken a very positive approach to his experiences. "He's not just sat back and taken it; he's tried to do something positive. Omar works a lot with us to try to help other prisoners who are still in Guantánamo. He's also always been up for a good argument or a good ­debate."

Deghayes appears remarkably calm; but his brother, Abubaker, says he has noticed signs of trauma. "His memory is not as good as it was. He forgets to switch off lights. If he opens a window, it stays open. He stays up at night a lot, thinking." Abubaker is not surprised his brother struggles to sleep. "Imagine the lights are on for six years." Has Deghayes changed as a person? "A lot of the things Omar had in his character seem to have deepened, like rebellion and resistance and not accepting oppression. I think they became more rooted in him rather than being beaten out of him."

But isn't he ever tempted to retreat to a quiet place, start his own business, and ­renounce the ­hassles of political campaigning? "I don't want that life," Deghayes says firmly. "I never ­intended to live like that before imprisonment, and nor do I intend that after imprisonment. I would not be true to ­myself if I did.

"Life is worth more. It's good to be a number in society rather than a zero. There are many zeros around but every ­human is ­worthy of being a number, and I hope I will be something of a change for the good, rather than for harm and wars. I hope so. I really hope so."

Source: www.guardian.co.uk/world/2010/jan/21/i-fought-to-survive-guantanamo

Wednesday, January 20, 2010

US Military Covered Up Murder of Three Prisoners at Guantánamo




In other news today, evidence has emerged suggesting the US military covered up the murders of three prisoners at Guantánamo Bay in 2006 by claiming they had committed suicide. A six-month investigation by Harper’s Magazine indicates the three prisoners were suffocated and tortured during questioning at a secret black site facility at Guantanamo known as Camp No. Scott Horton, the human rights attorney who broke the story, appeared on the MSNBC show Countdown last night.

Scott Horton: “I think now we know where they died. One of the big questions is, who’s the landlord at that facility? Who was running it? It really seemed to have been off the map for the Guantánamo command. Many of the soldiers speculated that this was a CIA facility. Other information we see suggests maybe JSOC, the Joint Special Operations Command. But frankly, I don’t think this is something that was being run by the prison guards and the Gitmo command.”

A fourth prisoner at Guantánamo, a British citizen named Shaker Aamer, has alleged he was also partly suffocated while being tortured on the same evening when the alleged suicides took place. Aamer is the only British prisoner the US has not released. One of the main sources for the article, former staff sergeant Joseph Hickman, approached the Justice Department last year after President Obama was elected, but an investigation into his claims was shelved.

Source: www.democracynow.org/2010/1/19/headlines/us_military_covered_up_murder_of_three_prisoners_at_guantanamo