OMNI GUANTANAMO
NEWSLETTER #4, Jan. 16, 2013. Compiled
by Dick Bennett, for a Culture of Peace.
Guantanamo : A Disaster from the War on
Terror and the US
Culture of War. (#1 March 3, 2011; #2 Dec. 11, 2011; #3 January 21,
2012)
My blog: War Department/Peace
Department
My Newsletters:
Index:
Peace, Justice, Ecology Birthdays
See OMNI’s Bulletin “Happening”
See INMOtion OMNI’s monthly newsletter.
Visit OMNI’s Library.
See Human Rights, Torture ,
US Lawlessness,
War on Terrorism, and related newsletters.
Nos 1 and 2 at end.
Contents of #3 Jan. 21, 2012
Bush, Congress, Courts, Obama, Public Lawlessness
Kurnaz, Gitmo Survivor After 5 Years
Obama Signs “Battlefield Bill” for Indefinite Detention
January 11 Resistance Coalition
Witess Against Torture and Catholic Worker: January 11, 2012
Witness Against Torture and War Resisters League
In Addition to Gitmo: US
Terrorism Prison Complex
Greenwald Book on Bush/Obama
Contents of #4
Petition to Pres. Obama from Some Senior
Democrats
Obama: Close Guantanamo
Gitmo/Bagram Legacy
Torture Memos
Romero (ACLU), Why Guantanamo Not Closed
Trotta, Dreams Deferred
Here is the link to all OMNI newsletters:
http://www.omnicenter.org/newsletter-archive/ Full knowledge and evaluation of the crimes
committed against prisoners and of other abuses by people in power will empower
the People and begin the end of Guantanamo .
PETITION TO
PRESIDENT OBAMA
Signed by some members
of Senior Democrats, Washington County ,
Arkansas , 3-20-12
DEAR PRESIDENT
BARACK OBAMA:
On the second day of your presidency you
declared that the use of torture would no longer have a place in the United States and that you would close the
detention center in Guantanamo Bay ,
Cuba within a
year.
We urge you to follow through with your
promise. Of the 171 men still imprisoned,
89 are cleared for release. Send them
home. Try the rest in federal courts,
which in the past decade have tried 400 accused of terrorism. If courts can’t convict these men, they,
too, should be released.
Indefinite
detention without trial violates international human rights law and the U. S.
Constitution and must end.
We
also believe that keeping Guantanamo
open compromises our foreign policy and inspires enemies against our country.
Groups Decry Obama's Failure to Close
Guantanamo
Jim Lobe, Inter Press Service, RSN, January 5, 2013
Lobe reports: "Human rights groups are denouncing President Barack Obama's failure to veto a defence bill that will make it far more difficult for him to fulfill his four-year-old pledge to close the Guantanamo detention facility this year."
READ MORE http://readersupportednews.org/news-section2/328-121/15392-groups-decry-obamas-failure-to-close-guantanamo-
Jim Lobe, Inter Press Service, RSN, January 5, 2013
Lobe reports: "Human rights groups are denouncing President Barack Obama's failure to veto a defence bill that will make it far more difficult for him to fulfill his four-year-old pledge to close the Guantanamo detention facility this year."
READ MORE http://readersupportednews.org/news-section2/328-121/15392-groups-decry-obamas-failure-to-close-guantanamo-
LEGACY OF
GITMO/BAGRAM
Kafkaesque Legacy of Gitmo/Bagram
Paul R. Pillar, Consortium News, RSN, July 27, 2012
Pillar reports:
"More than a decade after the 9/11 attacks and George W. Bush's 'war on
terror,' U.S. justice remains mired in Kafkaesque legal swamps at Guantanamo
Bay and Bagram, places where murky theories about 'unlawful combatants' mean
detainees have no real rights."
READ MORE
US Admits Hundreds of Afghan Teens Detained
Peter James Spielmann, Reader Supported News
Spielmann reports: "The U.S. military has detained more than 200 Afghan teenagers who were captured in the war for about a year at a time."
READ MORE
Peter James Spielmann, Reader Supported News
Spielmann reports: "The U.S. military has detained more than 200 Afghan teenagers who were captured in the war for about a year at a time."
READ MORE
Torture Memos" Turn 10: Demand
Accountability
Annette Warren
Dickerson, CCR alerts@ccrjustice.org August 1, 2012
to jbennet
Watch former
president Bush admit he authorized torture & listen to Murat Kurnaz, a man
previously imprisoned at Guantánamo,
join CCR attorney Katherine Gallagher to discuss why accountability for torture
is critical.
Dear CCR
supporter,
Today marks ten
years since Bush administration lawyers drafted the infamous “torture memos”
that both enabled the torture of individuals held in U.S.
detention and provided legal cover for U.S. officials who participated in
torture.
It has been
well-documented that in the years following the September 11, 2001 attacks,
high-level U.S. officials committed, ordered, directed, authorized, condoned,
planned and otherwise aided and abetted, or failed to prevent or punish,
serious violations of international law, including torture. The torture memos
played a critical role in the U.S.
torture program. To date, no senior government official has been held
accountable for torture, and there is no pending criminal investigation into
torture committed by U.S.
officials. In fact the Obama administration has made clear that neither the
authors of the Bush Administration’s “torture memos,” nor those who relied on
these memos, will be subject to investigation. Nor has there been
accountability for the destruction of at least 92 interrogation videotapes
containing evidence of torture, including the torture of detained men who are
still in Guantánamo.
The Bush
administration tortured, but it is the Obama administration that is creating a
legacy of impunity for this torture. President Obama is compounding this grim
legacy by continuing indefinite detention without charge or trial at
Guantánamo—a practice that a recent Physicians for Human Rights report makes
clear is itself a form of torture.
Contact Attorney
General Eric Holder and demand that the U.S. Department of Justice hold U.S.
officials accountable for torture and other serious violations of international
law at Guantánamo and other U.S. detention sites. The Attorney General should
appoint an independent prosecutor with a full mandate to investigate and
prosecute those responsible for torture and other war crimes, as far up the
chain of command as the facts may lead.
Support CCR’s
work to hold U.S.
officials accountable for torture and war crimes by learning more about it and
sharing with others. Learn more about CCR's Bush Torture Indictment by visiting
our case page. Also learn about our efforts in Germany ,
France and Spain to hold U.S. officials, including the
lawyers who drafted the torture memos, accountable for torture around the world
by visiting CCR’s page on accountability. The U.S. government has so far failed
to comply with its obligations to investigate and prosecute torture, but
together we can ensure torturers are held accountable.
Thank you for your continued support.
Sincerely,
Annette Warren
Dickerson
Director of
Education and Outreach
About Us
The Center for
Constitutional Rights is dedicated to advancing and protecting the rights
guaranteed by the United States Constitution and the Universal Declaration of
Human Rights. Read More
Why hasn’t
Obama closed Guantánamo?
Its continued existence reflects a
cynical political calculation—and a failure to rethink America 's war
on "terror"
Canadian detainee Omar
Khadr was sent to Guantánamo in 2002, aged 15, but was put on trial only in
2010. He was sentenced to eight years[An abbreviated version appeared in Civil Liberties (Winter 2012)].
Having travelled to
Why? Many commentators have cited internal wrangling over priorities, strategic missteps and an unanticipated congressional blowback—characterising, more or less, an avoidable political tragedy. Yet if one steps back to examine the full picture of how Guantánamo came into being and why prisoners remain there, a common theme emerges. The continued existence of the prison is grounded in the intractable view that the
This should alarm not only US citizens and civil liberties groups, but people around the world. A number of governments, including
To understand why closing
The
As the truth about the prison began to emerge, and court cases were filed,
As President Obama signed the executive order, on 22nd January 2009, to close Guantánamo within the year, he was flanked by a cadre of high-ranking retired
The executive order left open too many loopholes, and explicitly kicked many of the more difficult questions down the road. One critical issue was whether the
***
Shortly after taking office, Obama administration officials stopped using the term “global war on terror” in official statements, substituting instead terms such as “overseas contingency operations.” But a cosmetic substitute in rhetoric did not mark a decisive shift in thinking. As officials began to patch together the details of what a Guantánamo closure would look like, it became clear that neither the administration nor members of Congress were prepared to abandon the “war on terror” framework that had led to the prison’s creation.
In March 2009, in response to unlawfully held prisoners challenging their incarceration in the courts, the Obama administration adopted a position—shocking to many—only marginally different from that asserted by the Bush administration. (They dropped the term “enemy combatant” and relied solely on the Authorisation for Use of Military Force, a war resolution passed by the House of Representatives just days after the 9/11 attacks, rather than on presidential authority.) Thus far, US courts have largely accepted this position.
The administration dropped another bombshell in May 2009, announcing it would continue with military commission trials for some Guantánamo detainees. This prompted an outcry that the president seemed to be abandoning his campaign promise to pursue civilian trials in regular
A week after the announcement about military trials, President Obama made a landmark speech in front of the original copy of the US constitution, in which he fully outlined his administration’s war-based approach to the Guantánamo problem. He announced that, in addition to seeking to transfer and prosecute some Guantánamo prisoners, his administration would continue detaining—indefinitely and without trial—another category of prisoners who “remain at war with the
With military commissions set to resume and a policy of indefinite detention now officially articulated, closing Guantánamo became, in large part, merely about shifting detainees from one prison to another and tinkering with the rules for a system of military trials. Meanwhile, congressional opposition to Obama’s plan to close Guantánamo mounted. At first, various members of Congress introduced dozens of bills to bar the transfer of Guantánamo prisoners to facilities inside the
Eventually, in June 2009, Congress passed a provision barring the transfer of Guantánamo detainees into the
At first, these proposals failed to gain the necessary congressional support. But when more than a year went by and the Obama administration appeared no closer to having either the political commitment or a logistical plan for bringing Guantánamo detainees to trial in the United States, Congress passed and the president signed, in January 2011, restrictions barring all transfers to the United States, even for prosecution.
At the same time, Congress also adopted draconian restrictions on the resettlement and repatriation of Guantánamo prisoners to foreign countries, even though the prisoners slated for transfer had been unanimously cleared by every military and intelligence agency in the
The prospects for Guantánamo being closed any time soon appear especially bleak. This January, the president signed an executive order entrenching the legal principle that detainees could be held without charges or trials. In effect, centuries of American jurisprudence had been compromised by presidential fiat. Central tenets of
Congress bears a great deal of blame for the failure to close Guantánamo, but there are several reasons why the president is also heavily responsible. First, he had the full authority to transfer detainees to the
Second, when the first complete ban on detainee transfers was enacted in January 2011, it applied only to Department of Defense funds. At that time, President Obama still had the option to transfer detainees to the
Third, he did not stand behind the attorney general’s decision, in November 2009, to prosecute the 9/11 suspects in federal criminal courts. Allowing local and national elected officials to undermine the authority of the attorney general to prosecute was a stunning capitulation in the perennial turf war between the executive and legislative branches. In short, Obama succumbed to political pressure and refused to fight crucial battles.
***
One might look at the nearly intractable political situation around closing Guantánamo and say that Congress has tied the administration’s hands in accomplishing its goal. But how did we get to this stalemate? President Bush didn’t ask the permission of Congress when he wanted to do the wrong thing and open Guantánamo. Why did Obama feel the need to get congressional blessing early in his tenure to do the right thing and close it?
As the first days of the Obama administration turned into months and years, the president cynically traded off the rule of law in favour of winning on other issues. Closing Guantánamo has perhaps only a relatively small domestic constituency of civil liberties activists behind it, compared to the administration’s other first-term promises, such as healthcare reform and ending the ban on lesbians and gay men serving openly in the military. In short, President Obama made a Faustian bargain that closing Guantánamo would cost too much political capital, while leaving it open would alienate few voters.
Whether that calculation was correct is irrelevant. The decision will be an unfortunate coda to the legacy of a historic presidency. As usual, and lamentably, principles did not trump politics.
Obama’s failure has implications far beyond the fate of the men who are trapped in prison.
In theory, these provisions would allow the military detention of US citizens within the
What is perhaps most striking about the looming Senate proposals is how out of touch they are with the policies of US allies and the opinion of the US public.
If US policymakers would listen to their allies and constituents, and let go of their everywhere-and-endless war, there would be no authority to continue to hold men at Guantánamo, and no need for expanded powers for war-based indefinite detention. If, on the other hand, the
·
NEWS BY CAMPAIGN
·
NEWS BY MONTH
DREAMS DEFERRED AT GUANTANAMO by Carmen Trotta [Dick, I read this in The Catholic Worker (Dec. 2012.)]
As our readers may recall, in December of 2005, some twenty-five activists from several Catholic Worker communities journeyed to forbidden
Consciences were incited, and then summoned abroad, by the vast
hunger strike occurring within the prison itself. At the time, the degree to
which the allegations against the prisoners were true was somewhat unclear; we
knew only that torture was its own form of terrorism, and that it was
criminal. But the overkill rhetoric of the Bush Administration was unnerving.
Vice President Dick Cheney went so far as to opine that the US military and
intelligence agencies would have to begin to “work…the dark side.” The
Secretary of State Donald Rumsfeld would for years hammer home the point that
Guantánamo prisoners were the “worst of the worst,” that they were highly
trained al-Qaeda operatives who were captured by the US military on the
battlefield. General Richard B. Myers, chairman of the Joint Chiefs of Staff,
warned that “these are very, very dangerous people…. These are people who would
gnaw through hydraulic lines at the back of a C-17 to bring it down.”
The rhetoric was unmitigated and unchallenged in the mainstream
media. Even to this day. And yet we now know that the vast majority of the nearly
800 prisoners to have ever passed through Guantánamo were guilty of nothing.
Innocent men ripped from their villages and families. Surely, many of them are
admirable men, and as we’ve come to know certain of them are downright heroic.
Marc Falkoff, one of the pro bono lawyers for Guantánamo prisoners, expresses
the shock when confronted with this reality: “The plain fact is that we went
down to Guantánamo and we found that hundreds of these guys are in fact
innocent civilians…. People think that… they’re really terrorists, and I’m just
trying to do some lawyerly hocus-pocus, and it’s far from the truth…. I’m
looking at evidence that, if the ordinary person looked at it… they would say,
‘This is absolutely, thoroughly ludicrous. Are you serious that this is why
this guy is here?’ I mean, I’m talking about triple or quadruple hearsay, where
the original declarant was tortured or abused in some way. That’s the kind
of quality of evidence. To compare Guantánamo to the Salem Witch Trials is bang
on. That’s what we’re talking about: webs of incriminating statements from
increasingly untrustworthy sources.”
We have maintained our activism over the past seven years. And
our indignation? Has it dried up like a raisin in the sun? Or festered like a
sore? Or does it stink like rotten meat? Or has it crusted and sugared over
like a syrupy sweet? I suppose we each feel differently, but we can be nothing
but shamed at the death of poet and hunger-striker Adnan Latif. On September 8,
2012, he became the ninth prisoner to die at Guantánamo, the fourth on
President Obama’s watch. One hundred sixty-seven prisoners are yet
incarcerated at Guantánamo. The majority of these prisoners were cleared for
release by President Obama’s task force, but most do not have any prospect of being
repatriated. In other words, the Obama administration admits that the
government has no case against more than half of the prisoners. This was
certainly true for Latif who had not been seized any battlefield, rather, was
handed over by Pakistani intelligence for a $5,000 bounty. (Only five percent
of Guantánamo detainees were captured on the battlefield,
and a large plurality were given up for bounty).
and a large plurality were given up for bounty).
Latif was cleared for release three times under the Bush
administration (initially in
2004) but remained at Guantánamo. He was cleared again under the Obama administration, in this case with the consent of every American intelligence agency. However, he continued to remain at Guantánamo because the Obama administration, quite contrary to the genuine rule of law, had imposed a moratorium on the repatriation of prisoners toYemen (because al-Qaeda is
suspected to be active there). Finally, in 2011, after winning his habeas
corpus plea, a federal judge ordered him released from Guantánamo. The Obama
administration appealed that decision, and it has been argued that they did so
in order to gut habeas corpus of all meaning, knowing that the United
States courts of appeals was dominated by conservative judicial activists
who were seeking to do the same. Such indeed occurred when they won the
appeal. Then in 2012, the Supreme Court—the final court of
appeals—unanimously refused to hear Latif’s case. And the gutting of
habeas corpus was, quietly, made permanent.
2004) but remained at Guantánamo. He was cleared again under the Obama administration, in this case with the consent of every American intelligence agency. However, he continued to remain at Guantánamo because the Obama administration, quite contrary to the genuine rule of law, had imposed a moratorium on the repatriation of prisoners to
Latif, one of the earliest prisoners at Guantánamo, was taken
captive when he was in his mid-20s, taken from his wife and child, his parents
and siblings. He was held without charge or trial for more than ten years, and
throughout that decade, he suffered the worst abuses Guantánamo had to offer,
under both the Bush and Obama administrations: beatings, including a dislocated
shoulder on his first day at the camp; stress positions; sensory deprivation
and overload; long-term solitary confinement; humiliation; and religious
persecution. And drugging (there are now serious allegations that
prisoners entering Guantánamo were given medications known to have
dramatic neuropsychiatric side effects, as well as being subject to
“chemical restraints” while in the prison). Yet, the innocent man had
the courage to resist such violence and indignity. He participated in a
series of hunger strikes, in one case dropping from 150 to 87 pounds!
During these protests, he was one of the many who would be subject to even
more torture—being illegally and brutally force-fed by the military. Latif said
these force-feedings felt like “having a dagger shoved down your throat.”
Overtime, his resistance would ultimately lead to frequent, perhaps constant,
drugging. Classified as “non-compliant, sedatives were often used to
subdue him. Latif complained to his lawyers of being forcibly administered
unknown medications.
Yet it seems he never devolved into hatred, writing in sorrow, “America , what
has happened to you?” For years Latif swung between episodes of resistance
and despair. Despair which was in some part generated by our refusal to
speak out against Guantánamo. As he wrote in one of his poems, “Where is the
world to save us from torture?/Where is the world to save us from fire and
sadness?/Where is the world to save the hunger strikers?” While imprisoned, he
attempted suicide several times. If this is indeed sinful, who bears the guilt?
As regards his sudden death, the military recently ruled out
suicide. Data from the autopsy has yet to be analyzed, but there is widespread
speculation that drugs will figure prominently in the final determination. That
said, the Center for Constitutional Rights continues to insist that all deaths
at Guantánamo be independently investigated. Not a single such investigation
has occurred, including the deaths of three prisoners in 2006, believed by many
to be torture-related homicides. We encourage our readers to visit
ccrjustice.org and sign their “Close Guantánamo With Justice”
petition.
Our ignorance or indifference or cowardice may well come back to
haunt us. When you begin to torture the “other,” you are infinitely closer to
torturing your own. The National Defense Authorization Act (NDAA) of 2012,
passed by more than two-thirds of the US Congress, contains provisions which
grant the Obama and future administrations the authority, to detain
indefinitely, without charge or trial, anyone on the basis of executive
suspicion, including US
citizens picked up in the United
States . That amounts to tyrannical authority
and the American people should rebel against it. What has become of our
indignation? Does it just sag like a heavy load… or…? !
Ernesto Londono and Ingy Hassieb, The
Londono and Hassieb report: "The Egyptian government requested this week that the
Contents of #1 March 3, 2011
Film: Worthington , Stories from Guantanamo
Books: Kurnaz; Mayer; Worthington
Transferring Prisoners for Trial
CCR Close Guantanamo
Statement
Return Guantanamo to Cuba
No End Soon
Investigative Reporters: Andy Worthington, Carol
Rosenberg
Chinese Torture Techniques
Prisoners
Violation of Due Process
Wendell Griffin on Habeas Corpus
Contents
of #2 Dec. 11, 2011
WikiLeaks on Guantanamo
NYT Criticism
False Imprisonment
Awal Gul, 7th to
Die
Close Guantanamo
Statement
Witness Against Torture
What Obama Should Have Said and Done
Books: Hansen, Guantanamo ; Smith, Eight O’Clock Ferry
END GUANTANAMO
NEWSLETTER #4
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