Category Archives: Guantanamo

Weird Gitmo Abuse Claims Seem More Credible Now (Alas!)

Back in a more innocent age — that would be about two months ago — I wrote a post (UK's Released Detainees Allege Torture) quoting but doubting claims of bizzare forms of abuse reported by recently releasted Gitmo detainees. I said then:

I do not believe the US would starve detainees or feed them spoiled food. Would it? And the stuff the Mirror repeats about the use of prostitutes to shock sensitive Muslims with naked bodies and menstral blood sounds just too weird — more like the propaganda of a person who has been held illegally in hard conditions for two years and wants his revenge.

My conclusion then was that,

Outside independent review — ideally judicial review — is essential either to rebut these claims convincingly or to root out and punish those responsbile if the uglier charges are at all true.

Have to say that those charges seem less impossible today. And I'm still not exactly clear on who's going to be doing that independent review…

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Torture Not A Policy, Just a Pattern. Right.

The Observer reports that US guards 'filmed beatings' at terror camp:

Dozens of videotapes of American guards allegedly engaged in brutal attacks on Guantanamo Bay detainees have been stored and catalogued at the camp, an investigation by The Observer has revealed.

Continue reading

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Heroes

Every war creates its particular heroes. Here's an article about some heroes from the War on Terror™.

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Capt. Yee Wins on Appeal

The case of Capt. Yee came to an official end this week when the remaining (minor) charges against him got reversed on appeal.

Convictions Dropped for Muslim Chaplain at Guantánamo Bay: An Army general on Wednesday dismissed the convictions in the case of a Muslim chaplain who was initially suspected of espionage at the Guantánamo Bay prison for terror suspects but was found guilty only on lesser charges of adultery and downloading pornography.

The appellate decision by Gen. James Hill, the Army Southern Command chief who oversees military operations at Guantánamo, wiped the slate clean for Capt. James J. Yee, who ministered for 10 months to foreign terrorism detainees at the United States naval base in Guantánamo Bay, Cuba.

“This means there will be no official mention of it in his military record,” General Hill said.

The decision ended what one of Captain Yee's lawyers, Eugene Fidell, called a “hoax” case.

The case had started to smell pretty bad since shortly after it was filed. Heads should roll over this one. But they won't. Meanwhile Yee's marriage, his career, his life, are all badly hurt, even if there's nothing official in his file.

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An Example of the Fruits of Judicial Review

As the date for oral argument in front of the US Supreme Court approaches, the Pentagon underakes a PR offensive, and allows (carefully controlled) information to come out about the conditions at Guuantanamo. The Miami Herald gets the first exclusive.

U.S. military opens doors, sheds light on Cuba camp: For the first time since terrorism suspects were brought to the base two years ago, authorities in recent weeks opened the door to rooms used for interrogations, provided limited information on efforts to gather intelligence from prisoners and showed off a courtroom where military tribunals likely will be conducted.

They also allowed some photographs of restricted areas and permitted interviews with interrogators and others who deal with the prisoners.

The new access comes as attorneys for the families of 16 captives are seeking access to federal courts to challenge their indefinite detention. The U.S. Supreme Court will hear oral arguments on April 20.

Note what's not in the article: information about suicide attempts, self-injury, or much about the conditions outside of Camp Echo — which is small, and is the luxury wing of the camp. Whatever its skills at nation building, the Pentagon remains champs at lobbying and PR.

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New Gitmo Lawsuit

The NYT reports on a new Gitmo lawsuit. Its filed by Lt. Cmdr. Charles Swift, a militiary lawyer (JAG) defending one of the Guantanamo detainees. The suit — filed in his own name! — challenges the fundamental legality of the military tribunal order setting up the procedure by which the detainees will be tried. That's the process that foreign jurists call a Kangaroo Court.

Prof. Neil Katyal is on the case, and the complaint is on his webpage.

I have to say that I really admire the military lawyers who are pursuing these cases. They face a much more substantial career risk than the average partner who has to choose between billables and pro bono zeal. Suing Rumsfeld personally takes guts.

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