Apr 23rd, 2009
Posted by Ateqah Khaki, National Security Project at 3:34pm	Torture

Growing Up at Gitmo

Remember Mohammed Jawad? Captured when he was possibly as young as 14 years old, Jawad is one of two Guantánamo prisoners the U.S. is prosecuting for war crimes allegedly committed as a child, under the Bush administration’s failed and unconstitutional military commissions. It’s been a while since President Obama issued his Executive Order halting the Guantánamo commissions process, so to refresh your memory, recall that the secrecy — shrouded system allows the use of coerced statements and hearsay evidence. There is no question that the military commissions process is unlawful, and should not be resurrected in any way whatsoever.

The ACLU and military co-counsel Major David Frakt, represent Jawad in a habeas petition challenging his illegal detention in federal court. The government sought to deny Jawad his right to challenge his detention in federal court by arguing that the government should dismiss or delay our habeas petition pending a decision in the military commissions — despite the fact that the Obama administration suspended the commissions in January.

In a welcome order, yesterday a federal judge upheld Jawad’s right to challenge his indefinite detention by denying the the government’s motion to dismiss or delay. As ACLU attorney Jonathan Hafetz stated in a statement in response to the order, “Today's ruling is vindication of the right to challenge indefinite detention…[The judge’s] order emphasizes the importance of independent judicial review for prisoners who have been held for years with no legal recourse. A prompt habeas hearing is especially necessary because Mr. Jawad's mental and physical well — being continue to be jeopardized by the harsh conditions in which he is being held at Guantánamo.”

Jawad is accused of throwing a hand grenade at two U.S. service members and their interpreter in Afghanistan. But his alleged “confession” — obtained by Afghan forces who threatened to kill him and his family if he did not confess — raises alarm because it was found by a military judge to have been obtained through torture. In fact, Jawad's former lead military prosecutor, Lt. Col. Darrel Vandeveld, left the military commission in September 2008 because he did not believe he could ethically proceed with Jawad's case. He submitted a 14-page statement in support of the ACLU's challenge, describing the torture Jawad suffered in U.S. custody and stating that the flaws in the commission system make it impossible “to harbor the remotest hope that justice is an achievable goal.”

Jawad has quite literally grown up Guantánamo, and his treatment in U.S. custody over the last six years raises grave concerns. We know, for example, that Jawad was subject to the now-infamous “Frequent Flyer” sleep-deprivation program — after it was “officially” banned at Gitmo, and just months after his Christmas Day suicide attempt in 2003.

As The New York Times has stated, Jawad’s case is “emblematic of everything that is wrong with Guantánamo Bay.” Even his former prosecutor believes that he should be released. And while we are pleased with yesterday’s order, we won’t rest until Jawad is free.

Permalink |	Torture

Tags: Close Guantanamo, indefinite detention, Mohammed Jawad, national security project

1. Dennis Says:
   Apr 24th, 2009 at 11:56am

   After you get the pictures etc released
   and add fuel to the fire for the terrorists and we are again attacked.
   This time possibly killing 10's of thousands instead of 3000 how will your
   organization feel? Will you say it was
   worth it? This is a war against the terrorists, do you think we can just sit down with them and give them a big hug and they will give us information to prevent another attack. You are putting are military in great danger and I for one am proud of our military, they fight with uniforms against people who do not and are glad to blow themselves up in a group of innocent people, yet you want to protect them. You are off your rocker!!

2. Roger Nehring Says:
   Apr 24th, 2009 at 12:06pm

   Ah yes, torturing a 14 year old boy must have made those dickless cowards feel powerful!

3. Paen Says:
   Apr 24th, 2009 at 2:35pm

   So true Roger the chicken hawks scream
   for war but do you notice how often they
   talk about how proud they are of those in uniform but never about their own uniforms.

4. roald Says:
   Apr 27th, 2009 at 12:52pm

   Dennis - Why would you blame the people who support the law rather than the people who broke it? Better a thousand innocents be executed than allow a single terrorist go free?

5. Cc Says:
   Apr 27th, 2009 at 10:03pm

   Hey PAIN(in the arse)!

   I wore a USMC Uniform smart arse....and know perfectly well the real deal!

   What Uniform have you wore?

   Again...you call it Torture...I call it extracting information!!

   I have a question for you Libs....Would you call Beheading *Collateral Damage*...or Murder?

   Were the Victims of 9/11 *Collateral Damage*....or Murdered?

   Were the tens of thousands of Kurds *Collateral Damage*....or Murdered?

   I'll bet all of those VICTIMS would rather be alive.....What say YOU?

6. David Williams Says:
   Apr 30th, 2009 at 3:09pm

   Despite understanding ACLU’s empathy and excitement on Jawad’s case in particular; I am very concerned about the “mission creep” of the ALCU. From my perspective as both an American Soldier and an American citizen, it appears the ALCU is drifting from becoming an American organization to a global organization. It appears as if the ACLU is now operating outside of the boundaries of the US protecting the rights of non-Americans with the US Constitution. I would hate to see such a historic and great organization as the ACLU transformed into or becoming a mental icon to millions of Americans as a pro bono terrorist lawyer firm. My opinion is that these terrorists are not Americans and the ACLU should not ruin its reputation by falling on its sword in defense of these evil non-American terrorists.
   Let’s take a look at the ALCU mission statement, “The ACLU is our nation's guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country”. What does the above mission statement have anything to do with what is going on at Gitmo?
   As a military officer for the last 12 years, I have spent 29 months in Iraq and 6 months in Bosnia being a fellow guardian of our nation’s liberty. I am very proud of my years of service and proud of my fellow American brother and sisters in service who comprise the guardians to our nation’s liberty. It disturbs me that my fellow guardians of our nation’s liberty, the ACLU, is more concerned about a terrorist’s rights than an American’s rights and our way of life that the terrorist wants to destroy. Of course these terrorists are going to say they were coerced and tortured, they all will say it if it will facilitate them getting released with the assistance of their ACLU counsel. We cannot take these evil people on their word, they are being trained to lie if captured. They are playing the ACLU and abusing the American Constitution. These terrorists should not be protected by our Constitution and the ACLU because they are not Americans! My fellow guardians of our nation’s liberty have recaptured about 60 of these dangerous terrorists back on the battlefield after they have been released from GITMO alone. Their recidivism rate is comparable to sexual predators of children. Let me assure you, these terrorists are not the victims and we should not feel the overwhelming need to feel bad for them.
   I believe there are probably some problems with the military commission process, but to say “there is no question” that they are unlawful is a one-sided opinion and not a holistic view of the problem of what to do with these terrorist detainees. I recommend we continue the military commission process, keep GITMO open or find a suitable alternative outside of the US, and that the US military and the ACLU continue to be the guardians of our nation’s liberty and defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country…of Americans that is.
   Major David Williams, student, Command and General Staff College, U.S. Army Combined Arms Center, Fort Leavenworth, Kansas. The views expressed in this ACLU blog are those of the author and do not reflect the official position or policies of the Department of the Army, Department of Defense, or the U.S. Government.

7. Ron Says:
   May 12th, 2009 at 5:18pm

   If the detainees get out and do another attack , I hope Americans all over the country grab their guns and KILL every ACLU member in America. We are not standing for this. America lets hunt them down.

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