Posts Tagged ‘Guantanamo Bay’

Problem of Guantánamo detainees returns to haunt Barack Obama

May 4, 2009

May 4, 2009

U.S. President Barack Obama wipes his face

President Obama is on the verge of breaking two key campaign promises in his troubled attempt to shut Guantánamo Bay — with plans to revive the military tribunal system set up by George Bush and to continue the indefinite detention of up to 100 inmates.

The moves, which have not yet been signed off by Mr Obama but look increasingly likely, are a result of his promise on his second day in office to shut the Guantánamo Bay prison within a year.

Since then, officials charged with working out how to shut down the prison concede that up to 100 of the 241 detainees remaining are either too dangerous to release or cannot be tried in a military or civilian court. The evidence against many of them is tainted because they were tortured, or involves sensitive issues of national security that cannot be revealed.

The latest Administration thinking has been decried by human rights groups who point out that as a presidential candidate, Mr Obama called the military tribunal system an enormous failure and condemned the indefinite detention of detainees as a gross breach of the US Constitution.

In addition to his pledge to shut Guantánamo, Mr Obama ordered a 120-day suspension of the military tribunal system, pending a review. Officials say that they now want a three-month extension, and have indicated that the hearings are likely to be restarted, with some modifications.

On the campaign trail, Mr Obama criticised the military tribunals because they drastically reduced the rights of defendants, with hearsay evidence permitted and even testimony produced under the harsh interrogation techniques the new Administration says amounted to torture.

Now Mr Obama’s lawyers are worried that they will struggle to try many detainees in federal court because a civilian judge could throw out much of the evidence, allowing allegedly dangerous men to walk free. Plans being worked on are to modify the tribunal system to increase the rights of defendants, but without giving them the full protections provided by the American legal system.

At a recent House hearing, Eric Holder, Mr Obama’s Attorney General, said that military tribunals could still be used but “would be different from those previously in place”.

Robert Gates, the Defence Secretary, who was asked last week if the Administration would abandon the Guantánamo tribunal system, said: “Not at all.” He added: “The commissions are still very much on the table.”

Jameel Jaffer, a lawyer for the American Civil Liberties Union (ACLU), said: “To revive a fatally flawed system that was designed to evade due process and the rule of law would be a grave error and a huge step backward.” Just as dismaying for such groups is the admission by Mr Gates to Congress last week that up to 100 detainees will probably have to be detained without trial, possibly in facilities on the US mainland.

Mr Gates said that 50 to 100 inmates “who we cannot release and cannot try” could end up being held without trial, probably on US soil. When asked about Mr Obama’s pledge to shut Guantánamo by January, Mr Gates said: “I think that question is still open.” Mr Gates did not specify whether such detentions would be temporary or indefinite, but acknowledged that congressmen and senators in all 50 states would oppose taking such detainees into their regions.

Anthony Romero, the executive director of the ACLU, said: “President Obama’s decision to close Guantánamo will be betrayed if we simply replace it with another detention centre on US soil that disregards the law.”

Photo evidence bring new claims US abused prisoners in Iraq and Afghanistan

April 25, 2009

The Obama Administration is to release up to 2,000 photographs showing the abuse of prisoners in Iraq and Afghanistan, a move that will intensify pressure on the White House to back the prosecution of Bush-era officials for authorising alleged torture.

The release of the pictures, forced on the White House by a freedom of information lawsuit lodged five years ago, will complicate President Obama’s desire to move on from the abuse issue, which has begun to bedevil his presidency. The images are proof that the brutal treatment of detainees went far beyond the Abu Ghraib prison scandal in Iraq. They must be made public by May 28.

The leading anti-torture envoy at the United Nations stoked the controversy by insisting that the US was obligated by the UN’s Convention on Torture to prosecute lawyers in the Bush Administration who justified harsh interrogations.

For the first time the photographs are believed to provide images of abuse at Guantánamo Bay, as well as at facilities in Iraq and Afghanistan. According to US officials who have seen the pictures, some show American service members intimidating prisoners by pointing weapons at them, an offence that in the past has brought courts martial.

One official said that the pictures were not as shocking as those that emerged from Abu Ghraib but were “not good”. The Abu Ghraib photographs showed Iraqi prisoners hooded, intimidated by dogs, beaten and piled naked in sexually embarrassing positions.

Since his decision to release four CIA torture memos last week that detailed the harsh interrogation techniques approved by the White House under President Bush, Mr Obama and his aides have faced anger from both liberals and Republicans.

The move dismayed officials inside the CIA, despite Mr Obama’s initial assurance that neither CIA agents nor Bush-era policymakers would face prosecution.

Then this week Mr Obama appeared to raise the possibility of the possible prosecution of officials. That triggered such an uproar from Republicans, led by the former Vice-President Dick Cheney, who is calling for more documents to be declassified to prove that methods including simulated drowning worked, that Mr Obama has retreated from the idea.

Mr Obama said on Thursday that he did not favour congressional hearings or a “truth commission” into alleged abuses, but he has no power to block such moves on Capitol Hill. Momentum is rapidly building there for bringing senior members of the former Administration before House and Senate committees.

Liberals, meanwhile, are expressing anger that Mr Obama is not backing prosecutions, and the release of the new photographs will increase their demands for retribution.

Amrit Singh, a lawyer for the American Civil Liberties Union, which brought the freedom of information lawsuit, said of the photographs: “This will constitute visual proof that, unlike the Bush Administration’s claim, the abuse was not confined to Abu Ghraib and was not aberrational. This disclosure is critical for helping the public understand the scope and scale of prisoner abuse as well as for holding senior officials accountable for authorising or permitting such abuse.”

RIGHTS-US: Senate Report Casts Grim Light on Bush Era

April 24, 2009

By William Fisher | Inter Press Service News

NEW YORK, Apr 22 (IPS) – Pentagon interrogators continuously ramped up their abusive techniques against prisoners at Guantanamo Bay and in Iraq and Afghanistan in a vain attempt to establish a link between the former Iraqi dictator Saddam Hussein and the al Qaeda attacks on the U.S. on Sep. 11, 2001.

This is among the principal conclusions of a long-awaited report released Tuesday by the U.S. Senate Armed Services Committee.

The report also concluded that health professionals played a key role in helping the U.S. Defence Department to introduce waterboarding and other illegal interrogation techniques months before these practices were “justified” by Justice Department lawyers and approved by their superiors in the administration of former President George W. Bush.

The report says that the Defence Department was using harsh interrogation techniques long before they were “justified” by Justice Department lawyers and approved by their Bush administration superiors.

The report quotes a former senior U.S. intelligence official and a former Army psychiatrist as saying that the Bush administration put “relentless pressure” on interrogators to use harsh methods on detainees in part to find evidence an al Qaeda-Hussein link.

This kind of information would have provided a foundation for one of Bush’s main arguments for invading Iraq in 2003, the report says. No evidence has ever been found of operational ties between Osama bin Laden’s terrorist network and Hussein’s regime.

The report says that senior Bush administration officials, including Vice President Dick Cheney, Defence Secretary Donald Rumsfeld, CIA Director George Tenet, National Security Advisor Condoleezza Rice, and Attorney General John Ashcroft, were all aware of the development and use of the abusive interrogation techniques.

Despite warnings from military personnel that the use of these techniques on Guantanamo detainees could backfire, 15 specific techniques were sanctioned by Rumsfeld on Dec. 2, 2002, the report said.

What followed was “an erosion in standards dictating that detainees be treated humanely”, it said.

The report said, “That these techniques had been endorsed became known by U.S. troops in Afghanistan and Iraq, setting the stage for the abuses that took place at Abu Ghraib and elsewhere.”

The report also notes that the use of brutal interrogation techniques started in early 2002, up to eight months before Justice Department lawyers approved the use of waterboarding and nine other harsh methods, Senate investigators found.

Michigan Democratic Senator Carl Levin, the committee chairman, said, “The report represents a condemnation of both the Bush administration’s interrogation policies and of senior administration officials who attempted to shift the blame for abuse – such as that seen at Abu Ghraib, Guantanamo Bay and Afghanistan – to low-ranking soldiers.”

Claims that detainee abuses could be chalked up to the unauthorised acts of a “few bad apples” were simply false, he said.

“A few bad apples” is how Rumsfeld described the low-level soldiers shown in photos around the world abusing detainees at Iraq’s Abu Ghraib prison. Several of these military personnel were convicted and sentenced to prison terms, but a series of Pentagon investigations found no evidence that prisoner abuse was a policy that came from the Pentagon’s civilian leadership.

“The paper trail on abuse leads to top civilian leaders, and our report connects the dots.” He said it shows a paper trail going from Rumsfeld’s authorisation of abusive interrogation techniques “to Guantánamo to Afghanistan and to Iraq.”

Human rights advocates hailed the Levin report. Caroline Fredrickson, director of the Washington legislative office of the American Civil Liberties Union (ACLU), said, “Once again, we are presented with clear-cut evidence that the Bush administration’s highest ranking officials were not only complicit in the use of torture, but were actively engaged in its implementation. It is now time to act on this evidence.”

The report also documents how a secretive military training programme called Survival, Evasion, Resistance and Escape (SERE) became the foundation of the interrogations by both the Pentagon and the CIA.

SERE was developed many years ago as a way to give U.S. military personnel some sense of the treatment they might face if they were captured by China, the Soviet Union or other Cold War adversaries.

The committee’s report notes that the CIA also drew on the SERE programme for harsh methods it used in secret overseas jails for Qaeda suspects. The CIA has said it used waterboarding, a method of near-drowning used in the SERE programme, on three captured terrorism suspects in 2002 and 2003.

Cheney and others who advocated the use of sleep deprivation, isolation, stress positions, and waterboarding insist they were legal. On Tuesday, Cheney asked the Justice Department to declassify and release documents he says will show that these techniques produced valuable intelligence.

Media accounts also report that a secretive government contractor played a key role in developing the Bush administration’s interrogation methods. The company, Mitchell Jessen & Associates, is named after the two military psychologists who founded it, James Mitchell and Bruce Jessen. Beginning in 2002, they trained interrogators in brutal techniques, including waterboarding, sleep deprivation and pain. The psychologists, based near Spokane in the state of Washington, reportedly “reverse-engineered” the tactics taught in SERE training for use on prisoners held by the U.S.

The declassified torture memos released last week reportedly relied heavily on their advice. In one memo, Justice Department attorney Jay Bybee wrote, “Based on your research into the use of these methods at the SERE school and consultation with others with expertise in the field of psychology and interrogation, you do not anticipate that any prolonged harm would result from the use of the waterboard.”

Physicians for Human Rights (PHR), a not for profit advocacy group, is calling for the psychologists who justified, designed, and implemented torture for the CIA and Department of Defense to” lose their professional licenses and to face criminal prosecution.”

“Long before Justice Department lawyers were tasked to justify torture, U.S. psychologists were busy actually perpetrating it,” said Steven Reisner, PhD, advisor on psychological ethics at PHR. “These individuals must not only face prosecution for breaking the law, they must lose their licenses for shaming their profession’s ethics.”

He told IPS, “The conclusion that these interrogation techniques cause no lasting harm is the equivalent of psychological malpractice.” He said the proponents of these techniques “cherry-picked the research to reach a foregone conclusion. How can you compare U.S. soldiers who volunteered for SERE training, and could have stopped their interrogations at any time, with the effects on a prisoner who has been ‘disappeared’, is in fear for his life, and believes he will never see his family again?”

He added that the CIA’s own research into the effects of SERE training showed that it produced “extreme and lasting effects to the point of psychosis.”

In October 2008, the American Psychological Association approved a landmark measure banning members from taking part in interrogations of prisoners held in Guantanamo Bay, Iraq, Afghanistan and all of the secret CIA black sites. The American Medical Association has passed a similar measure.

The Armed Services Committee report was released amid growing calls for an independent inquiry into abusive interrogation techniques and the people responsible for them. Proposals range from a “truth commission” to the appointment of an independent prosecutor by the Obama Justice Department.

President Obama has consistently said he is more inclined to look forward rather than backward. Earlier this week, he visited CIA headquarters in Langley, Virginia, and told agency employees there would be no prosecutions of operatives who carried out the abusive interrogation techniques because they believed they were acting in accordance with legal rulings from the Justice Department.

But a day later, he said he would not oppose either an independent commission investigation or appointment of a special prosecutor. He left these decisions to Congress and to the Attorney General, Eric Holder.

Spanish judge accuses six top Bush officials of torture

March 29, 2009

Legal moves may force Obama’s government into starting a new inquiry into abuses at Guantánamo Bay and Abu Ghraib

Criminal proceedings have begun in Spain against six senior officials in the Bush administration for the use of torture against detainees in Guantánamo Bay. Baltasar Garzón, the counter-terrorism judge whose prosecution of General Augusto Pinochet led to his arrest in Britain in 1998, has referred the case to the chief prosecutor before deciding whether to proceed.

The case is bound to threaten Spain’s relations with the new administration in Washington, but Gonzalo Boyé, one of the four lawyers who wrote the lawsuit, said the prosecutor would have little choice under Spanish law but to approve the prosecution.

“The only route of escape the prosecutor might have is to ask whether there is ongoing process in the US against these people,” Boyé told the Observer. “This case will go ahead. It will be against the law not to go ahead.”

The officials named in the case include the most senior legal minds in the Bush administration. They are: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who were both senior justice department legal advisers.

Court documents say that, without their legal advice in a series of internal administration memos, “it would have been impossible to structure a legal framework that supported what happened [in Guantánamo]”.

Boyé predicted that Garzón would issue subpoenas in the next two weeks, summoning the six former officials to present evidence: “If I were them, I would search for a good lawyer.”

If Garzón decided to go further and issued arrest warrants against the six, it would mean they would risk detention and extradition if they travelled outside the US. It would also present President Barack Obama with a serious dilemma. He would have either to open proceedings against the accused or tackle an extradition request from Spain.

Obama administration officials have confirmed that they believe torture was committed by American interrogators. The president has not ruled out a criminal inquiry, but has signalled he is reluctant to do so for political reasons.

“Obviously we’re going to be looking at past practices, and I don’t believe that anybody is above the law,” Obama said in January. “But my orientation’s going to be to move forward.”

Philippe Sands, whose book Torture Team first made the case against the Bush lawyers and which Boyé said was instrumental in formulating the Spanish case, said yesterday: “What this does is force the Obama administration to come to terms with the fact that torture has happened and to decide, sooner rather than later, whether it is going to criminally investigate. If it decides not to investigate, then inevitably the Garzón investigation, and no doubt many others, will be given the green light.”

Germany’s federal prosecutor was asked in November 2006 to pursue a case against Donald Rumsfeld, the former defence secretary, Gonzales and other officials for abuses committed in Guantánamo Bay and Abu Ghraib prison in Iraq. But the prosecutor declined on the grounds that the issue should be investigated in the US.

Legal observers say the Spanish lawsuit has a better chance of ending in charges. The high court, on which Garzón sits, has more leeway than the German prosecutor to seek “universal jurisdiction”.

The lawsuit also points to a direct link with Spain, as six Spaniards were held at Guantánamo and are argued to have suffered directly from the Bush administration’s departure from international law. Unlike the German lawsuit, the Spanish case is aimed at second-tier figures, advisers to Bush, Cheney and Rumsfeld, with the aim of being less politically explosive.

The lawsuit claimed the six former aides “participated actively and decisively in the creation, approval and execution of a judicial framework that allowed for the deprivation of fundamental rights of a large number of prisoners, the implementation of new interrogation techniques including torture, the legal cover for the treatment of those prisoners, the protection of the people who participated in illegal tortures and, above all, the establishment of impunity for all the government workers, military personnel, doctors and others who participated in the detention centre at Guantánamo”.

“All the accused are members of what they themselves called the ‘war council’,” court documents allege. “This group met almost weekly either in Gonzales’s or Haynes’s offices.”

In a now notorious legal opinion signed in August 2002, Yoo and Bybee argued that torture occurred only when pain was inflicted “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death”.

Another key document cited in the Spanish case is a November 2002 “action memo” written by Haynes, in which he recommends that Rumsfeld give “blanket approval” to 15 forms of aggressive interrogation, including stress positions, isolation, hooding, 20-hour interrogations and nudity. Rumsfeld approved the document.

The 1984 UN Convention against Torture, signed and ratified by the US, requires states to investigate allegations of torture committed on their territory or by their nationals, or extradite them to stand trial elsewhere.

Last week, Britain’s attorney general, Lady Scotland, launched a criminal investigation into MI5 complicity in the torture of Binyam Mohamed, a British resident held in Guantánamo.

The Obama administration has so far avoided taking similar steps. But the possibility of US prosecutions was brought closer by a report by the Senate armed services committee at the end of last year, which found: “The abuse of detainees in US custody cannot simply be attributed to the actions of ‘a few bad apples’ acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorised their use against detainees.”

None of the six former officials could be reached for comment yesterday. Meanwhile, Vijay Padmanabhan, a former state department lawyer, said the creation of the Guantánamo Bay detention camp was “one of the worst over-reactions of the Bush administration”.

Binyam blames UK for mistreatment

March 13, 2009

BBC News,  March 13, 2009

Binyam Mohamed

A UK resident freed from Guantanamo Bay has said he would not have faced torture or extraordinary rendition but for British involvement in his case.

US interrogators told him, “This is the British file and this is the American file,” Binyam Mohamed, 30, told the BBC in his first broadcast interview.

He said he wanted to see ex-President George Bush put on trial and, if there was evidence, former UK PM Tony Blair.

The UK says it does not condone torture, but will investigate claims.

The US, which has dropped all charges against Mr Mohamed, says he has a history of making unsubstantiated claims.

BBC News reporter Jon Manel, who conducted the interview at a secret location, said that Mr Mohamed looked “very thin” and claimed to be suffering from health problems.

Mr Mohamed, who spoke to the media against the advice of his psychiatrist because he wanted people to know what happened to him, described his return to the UK last month.

Feelings of happiness and sadness, I still don’t have them. As far as I am concerned, nothing matters
Binyam Mohamed

“I didn’t feel like I was free. Even now I don’t feel that I’m free,” he said.

“It’s been seven years of literal darkness that I have been through. Coming back to life is taking me some time.”

He added: “I don’t have the regular person’s feelings that people have. The feelings of happiness and sadness, I still don’t have them.

“As far as I am concerned, nothing matters.”

The former terror suspect said that the six years and 10 months he spent in detention had left him feeling “dead”.

MI5 involvement

While detained in Pakistan, Mr Mohamed said he was interviewed for three hours by an MI5 officer calling himself John whose role, according to Mr Mohamed, was to support the American interrogators.

“If it wasn’t for the British involvement right at the beginning of the interrogations in Pakistan, and suggestions that were made by MI5 to the Americans of how to get me to respond, I don’t think I would have gone to Morocco,” he said.

“It was that initial help that MI5 gave to America that led me through the seven years of what I went through.”

The MI5 agent who questioned him has previously denied at the British High Court any suggestion that he threatened or put any pressure on Mr Mohamed.

In the ‘dark prison’ I was … dead. I didn’t exist. I wasn’t there. There was no day, there was no night
Binyam Mohamed

During the interview, Mr Mohamed’s lawyer prevented him from answering questions about travel documents he had used to get to Afghanistan and a training camp he attended.

This was because Mr Mohamed’s immigration status is currently under review.

Mr Mohamed said that in July 2002 he was flown to a secret site in Morocco where, he claimed, he was tortured by local officers asking him questions supplied by British intelligence operatives and showing him hundreds of photographs of Muslim men living in the UK.

“The interrogator who was showing me the file would say, ‘This is the British file and this is the American file.'”

Mr Mohamed said that 70% of questions put to him had to have come from sources in the UK.

In the UK, the attorney general is continuing a review into whether to ask police to investigate allegations of British collusion in mistreatment of Mr Mohamed.

His lawyers have previously placed on record claims that the torture included a razor being used to slash his genitals.

Special agent

Mr Mohamed said his mistreatment began soon after he was arrested in Pakistan in early 2002.

In the interview, extracts of which were broadcast on Radio 4’s Today programme, he said he was questioned by a middle-aged man with a ponytail claiming to be “Jim from the FBI”.

Jim reportedly said he was a special agent sent from Washington to ask questions on behalf of the White House.

He asked about Mr Mohamed’s alleged role in a plot to detonate a dirty bomb in the US, which Mr Mohamed said was a “fantasy”.

The former detainee told the BBC he had never been involved in any plots and had not attended terrorist training camps before 9/11.

Asked if he had been an al-Qaeda operative, he replied: “I don’t even know what that means because how am I supposed to be an al-Qaeda operative?

“How do you become an al-Qaeda operative?”

Camp closure

In January 2004, Mr Mohamed said he was taken to a place he calls the “dark prison” in the Afghan capital, Kabul, where he said he almost lost his mind.

He claimed he was put in a dark cell with just a blanket on the floor.

Speakers attached to the walls pumped out music by the American rapper Eminem 24 hours a day for a month.

“In the ‘dark prison’ I was literally dead. I didn’t exist. I wasn’t there. There was no day, there was no night.”

Following his experiences in Kabul, Mr Mohamed signed a confession which he said he agreed to only because he was told he would be flown back to the “dark prison” if he didn’t co-operate.

Shortly after this he was sent to Guantanamo Bay where, he said, guards attacked him for refusing to give his fingerprints.

He claimed abuses at the camp had increased since President Barack Obama announced his intention to close it within a year.

On Thursday, a Home Office spokesperson said: “The government unreservedly condemns the use of torture as a matter of fundamental principle and works hard with its international partners to eradicate this abhorrent practice worldwide.

“The security and intelligence agencies do not participate in, solicit, encourage or condone the use of torture or inhumane or degrading treatment.”

Guantánamo: we need the truth

February 26, 2009

Without transparency about Binyam Mohamed’s torture, the damage done will linger for years after the camp’s closure

With a stoic grace, Binyam Mohamed has described his return to the UK today after seven long years of detention in Guantánamo Bay as “more in sadness than in anger”.

I have met that sense of emptiness and loss before. I have worked with two constituents who returned to the UK after a long incarceration in Guantánamo. In both cases the men had been illegally taken, in the process known as extraordinary rendition, by the CIA from an African country; and in both cases there were allegations of torture and degrading treatment. The journey to rebuild a life and to reconnect with family has been long, slow and fraught with pain. How do you come to terms with the lost years, the shame of allegations you cannot refute, or to witnessing humanity at its very darkest? Binyam Mohamed will need his friends and family around him, and the time and space to move on. It will therefore fall to others to ask the vital questions he is too weary to ask for himself.

We must not be squeamish or turn a blind eye to what has happened to him. Over seven years he has been shackled and blindfolded, flown to dark prisons across the world and kept incommunicado. He has made allegations of systematic torture, and says he had up to 20 or 30 cuts made into his penis and genitalia, with chemicals poured on the wounds for extra pain. In Guantánamo, reports suggest he was routinely humiliated and abused, resulting in long periods on hunger strike in protest. In all this time, Mohamed was never charged with a crime.

We might have expected the government to protect a UK resident from such barbaric treatment. Instead, their fingerprints are all over his case file.

Torture is wrong, pure and simple. Civilised and democratic governments, including Britain, should have absolutely no role in a practice that is both ineffective and inhumane, and there is no excuse to put our so-called special relationship with the US before the rule of law. It is not enough to simply speak out against torture: the foreign secretary has a duty to help root out and end such practices.

We cannot stamp out torture unless we know why and how it was allowed to happen in the first place. Barack Obama’s commitment to close Guantánamo is a huge leap forward, but we need a full investigation to make sure that such fundamental basic principles can never be flouted again. Without this openness and transparency, the damage done by Guantánamo will linger on long after the detention camp is closed.

The Labour government should be standing up to the United States, not colluding in a cover-up. If British residents have been subjected to torture, and if our own government have turned a blind eye, then we have a right to know. If the British government is sitting on vital evidence then it should immediately release it to the public.

Binyam Mohamed has said that, when he asked a camp guard why he was being tortured, the guard replied, “It’s just to degrade you, so when you leave here, you’ll have the scars and you’ll never forget.”

We should not forget either. The wounds and scars inflicted on Mohamed are not just a personal tragedy for him, they also represent a vicious assault on the values and humanity of our country. Labour’s already bruised and battered human rights record lies in tatters. President Obama has promised a fresh start but, before the slate can be wiped clean, we have to be told the truth.

Sarah Teather is Liberal Democrat MP for Brent East and chair of the all-party parliamentary group on Guantánamo Bay

Victim of American terrorism Binyam Mohamed arrives in UK

February 23, 2009

BBC, Feb 233, 2009

Binyam Mohamed: His full statement

Binyam Mohamed

Mr Mohamed claims confessions were obtained using torture

A British resident who said he was tortured while being detained at Guantanamo Bay for more than four years has issued a statement on the eve of his return to the UK.

Ethiopian-born Binyam Mohamed, 30, says his experience was worse than his “darkest nightmares”.

Here is his statement in full:

I hope you will understand that after everything I have been through I am neither physically nor mentally capable of facing the media on the moment of my arrival back to Britain.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government
Binyam Mohamed

Please forgive me if I make a simple statement through my lawyer. I hope to be able to do better in days to come, when I am on the road to recovery.

I have been through an experience that I never thought to encounter in my darkest nightmares. Before this ordeal, “torture” was an abstract word to me. I could never have imagined that I would be its victim.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government.

‘I have a duty’

While I want to recover, and put it all as far in my past as I can, I also know I have an obligation to the people who still remain in those torture chambers.

My own despair was greatest when I thought that everyone had abandoned me. I have a duty to make sure that nobody else is forgotten.

I am grateful that in the end I was not simply left to my fate. I am grateful to my lawyers and other staff at Reprieve, and to Lt Col Yvonne Bradley, who fought for my freedom.

Lawyer Clive Stafford-Smith reads a statement on Binyam Mohamed’s behalf

I am grateful to the members of the British Foreign Office who worked for my release. And I want to thank people around Britain who wrote to me in Guantanamo Bay to keep my spirits up, as well as to the members of the media who tried to make sure that the world knew what was going on.

I know I would not be home in Britain today if it were not for everyone’s support. Indeed, I might not be alive at all.

I wish I could say that it is all over, but it is not. There are still 241 Muslim prisoners in Guantanamo.

Many have long since been cleared even by the US military, yet cannot go anywhere as they face persecution. For example, Ahmed bel Bacha lived here in Britain, and desperately needs a home.

‘Horrors’

Then there are thousands of other prisoners held by the US elsewhere around the world, with no charges, and without access to their families.

And I have to say, more in sadness than in anger, that many have been complicit in my own horrors over the past seven years.

For myself, the very worst moment came when I realised in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.

I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realised, had allied themselves with my abusers.

I am not asking for vengeance; only that the truth should be made known, so that nobody in the future should have to endure what I have endured.

Guantánamo ‘is within Geneva conventions’

February 21, 2009

• Inquiry ordered by Obama carried out by US admiral
• Inmates just need time to talk and pray, report says

A Pentagon review ordered by President Barack Obama into conditions at Guantánamo Bay has concluded that prisoners are being treated in line with international standards demanded under the Geneva conventions, according to US officials.

Admiral Patrick Walsh, the vice-chief of naval operations who carried out the inquiry, is to hand over the 85-page report to Obama this weekend. Human rights groups said they feared the review ordered by Obama could turn out to be a whitewash.

The Pentagon report looked into various allegations of abuse. But Walsh’s report contains only two major recommendations for improving the prisoners’ lives: allowing them more opportunities to communicate with one another and to pray together.

Obama promised on the day of his inauguration to close the Guantánamo detention centre, which has become synonymous worldwide with human rights abuses, within a year. Since his announcement he has faced criticism, mainly from former members of the Bush administration, saying closure of the camp was not that easy. Walsh’s conclusions are basically the view espoused by the Pentagon over the last few years, which is that the international image of Guantánamo is based on the treatment and condition of prisoners when they first began to arrive seven years ago.

The camp since then has been well run, the Pentagon claims, insisting it is no worse and, in many ways, better than maximum security prisons on the US mainland. But defence lawyers for the 245 prisoners still held tell a different story: one of prisoners who have suffered severe psychological damage from force-feeding, beatings and being held in solitary confinement for 23 hours a day.

Walsh concludes, according to the official, that force-feeding, in which prisoners are strapped to a chair while a tube is pushed through a nostril into their stomach, is necessary to fulfil the Geneva conventions’ demand to preserve life.

Among recommendations, he suggests that prisoners be allowed to pray and spend recreation time together in groups of at least three.

Given that a prominent part of Obama’s campaign platform was to close Guantánamo, it is unlikely he will renege on that promise. The Pentagon report is only one of several that Obama has ordered. The Justice Department is conducting one of its own into evidence against each prisoner and the new attorney-general, Eric Holder, is to visit Guantánamo on Monday.

Gitanjali Gutierrez, a lawyer at the Centre for Constitutional Rights who represents many of the detainees, expressed concern that the review might turn into a whitewash, and that she had higher expectations of the new administration.

Miliband faces new ‘torture cover-up’ storm

February 16, 2009

Richard Norton-Taylor | The Guardian, Monday 16 February 2009

David Miliband, the foreign secretary, was last night facing fresh pressure over torture allegations after it was revealed that his officials asked the US for help in suppressing crucial evidence.

The Foreign Office solicited a letter from the US to back up its claim that if the evidence was disclosed, Washington could stop sharing intelligence with Britain. The claim persuaded two high court judges earlier this month to suppress what they called “powerful evidence” relating to the ill treatment of Binyam Mohamed, the British resident being held in Guantánamo Bay.

In response to the British request, John Bellinger, the state department’s chief legal adviser, said in a letter to the Foreign Office last August: “We want to affirm the public disclosure of these documents is likely to result in serious damage to US national security and could harm existing intelligence information-sharing arrangements between our two governments”.

In their judgment, Lord Justice Thomas and Mr Justice Lloyd Jones made it clear that without Miliband’s claim about what they called the “gravity of the threat” from the US, they would have ordered the evidence to be revealed. Though the judges repeatedly used the word “threat”, Miliband subsequently denied the US had threatened to stop sharing intelligence with Britain.

Miliband’s denial last week led lawyers for Mohamed and the media, including the Guardian, to ask the judges to reopen the case on the grounds that the foreign secretary had fundamentally undermined his case. The judges agreed, against Foreign Office opposition, to reopen the case next month.

Clive Stafford Smith, director of Reprieve, the legal charity which represents Mohamed, said yesterday: “This just isn’t going to go away unless both the US and the UK stop trying to suppress evidence of torture”.

Bring Binyam home

February 13, 2009

The greatest injustice I fear is that Binyam Mohamed is still being held at Guantánamo only to suppress evidence of his torture

I am a lawyer and a soldier, and I act for Binyam Mohamed, who is currently on hunger strike in Guantánamo Bay. I came to England to ask everyone to work as hard as possible to get Binyam home. The new administration in the US has said that it wants to close Guantánamo. The UK government says that it has been asking for Binyam’s return since August 2007. Despite that, and despite England being the US’s closest ally, Binyam is still in a cell in Guantánamo Bay. I believe that now is the time to press the new administration.

Guards told Binyam that he was going home in December, and so he is on hunger strike (together with 50 or so other prisoners). This means that he is tube-fed while strapped to a chair, twice a day. Binyam has lost so much weight that he speaks of the pain he suffers from being strapped to the chair for hours each day – he speaks of feeling his bones against the chair. I am really worried that if Binyam does not come home soon, he will leave Guantánamo Bay in a coffin.

The Joint Task Force, which runs Guantánamo Bay, gives me no information about Binyam. When I called to enquire about his condition, they said first, that they would look into it and then that they would tell me nothing and that I should make a Freedom of Information request, which would have taken months to process. Therefore, whenever I want information about Binyam, I have to make the 5-hour trip to Guantánamo. Each time, he asks why he is still there.

It is worth bearing in mind that all charges against Binyam have been dropped and that Binyam’s chief prosecutor resigned, citing the unfairness of the system.

I profoundly hope that he is not being kept in Guantánamo to avoid information surrounding his rendition and torture coming out. Clive Stafford Smith and I are testifying at the All Party Parliamentary Group on Extraordinary Rendition in Portcullis House, Westminster today, which is open to members of the public. I understand that a number of intelligence agents and politicians will also speak in an attempt to get Binyam home. I am meeting with David Miliband , this Thursday, and I hope that he will assure me that Binyam is coming home.