Blog of Rights

Guantánamo Dispatch: The Public’s Right to Know

This past week, I traveled to Guantánamo Bay to observe military commission hearings, continuing the ACLU’s long-standing commitment to be present at each and every hearing of these deeply flawed tribunals.

Guantánamo Military Judge Grants ACLU’s Request to Argue Against Censorship of 9/11 Defendants’ Testimony

By Hina Shamsi, Director, ACLU National Security Project at 6:18pm

In an order made public today, a military commissions judge at Guantánamo Bay announced that he will hear oral argument on the ACLU’s challenge to censorship of torture at the trial of the 9/11 defendants.

In May, we filed a motion asking the military commission to deny the government’s request to suppress statements by the defendants about their treatment while in U.S. custody, including torture and other abuse.  As we said in our motion,

FBI Interrogation Primer Encourages Prisoner Isolation

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 10:31am

Today, the ACLU released a 2011 FBI “primer” on overseas interrogation that calls into question whether the FBI is adhering to its own policy prohibiting coercive techniques. The 2011 primer was obtained by the ACLU and colleague organizations through Freedom of Information Act litigation. It was written by an FBI Section Chief within the counterterrorism division, and is ironically titled “Cross Cultural, Rapport-Based Interrogation,” – ironic because it encourages FBI agents to request that detainees in foreign or military custody be put in isolation to prolong the detainee’s fear for interrogation purposes. Isolation was a key component to many of the abusive interrogations that took place in Guantanamo, Afghanistan, and in secret CIA black sites after 9/11, in some cases causing extreme psychological trauma. This morning, we wrote to the FBI Director Robert Mueller expressing their concerns with the primer.

A Decade in Detention for Former Child Soldier

By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 11:39am

Today marks a decade in U.S. custody for Omar Khadr, a Canadian citizen who is Guantánamo’s youngest prisoner. Even though he has been eligible for transfer back to Canada for almost nine months pursuant to his October 2010 plea deal, he is still detained at Guantánamo. Khadr is the only one of the 168 remaining detainees who was a juvenile when transferred to Guantánamo.

Khadr has grown up at Guantánamo. Now 25, the full beard Khadr has grown since his imprisonment in 2002 obscures the fact that he was only 15 when he was shot and captured by U.S. forces in Afghanistan.

U.S. Military Treatment of Juvenile Detainees Undergoes International Scrutiny

By Allison Frankel, ACLU Human Rights Program at 11:37am

When the U.S. ratified the international treaty on the rights of children in armed conflict in 2002, it committed to protecting children under 18 from military recruitment and deployment to war and guaranteeing basic protections to former child soldiers, including those in U.S. military custody. Formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), the treaty requires ratifying nations to submit periodic reports on the progress they have made to implement their treaty obligations to the U.N. Committee on the Rights of the Child, a body of independent human rights experts charged with monitoring countries’ compliance with the treaty.  The U.S. government’s latest report will be reviewed by the Committee in January 2013. The list of issues to be discussed during this review, which was adopted by the Committee on July 3, raises serious concerns regarding U.S. compliance with the Protocol and provides an opportunity for the United States to provide transparency and accountability for its treatment of juveniles in military custody. 

Reporting from Guantánamo: The five uns

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 4:10pm

In Guantánamo Bay last week, I had an enlightening opportunity to talk with Brigadier General Mark Martins—the Chief Prosecutor of the military commissions—along with a handful of other NGO observers of the commissions. There was no agenda for our meeting, but we quickly launched into a vibrant discussion of the wisdom and legality of the military commissions. 

ProPublica: “Can the government declare anything a Guantanamo detainee does or says automatically classified?”

By Ateqah Khaki at 6:56pm

Earlier this week, ProPublica published an article discussing the government’s attempts to censor the statements of the defendants in the 9/11 Guantanamo military commission trials.  The article’s well worth reading because it discusses in detail the government’s arguments for censorship, as well as legal challenges brought by the ACLU, media organizations, and one of the 9/11 defendants’ lawyers.

Reporting From Guantanamo: “Why Not Get It Right the First Time?”

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 5:08pm

At the Naval Base in Guantanamo Bay this week, military commission proceedings have resumed in the capital case against Abd al-Rahim Hussayn Muhammad al-Nashiri, a 47-year-old citizen of Saudi Arabia, who is facing a possible death sentence for his alleged involvement in the bombing of the destroyer USS Cole over a decade ago.  Apprehended in 2002, Mr. al-Nashiri was held by the CIA for four years in secret before his transfer to military custody.  According to a 2004 CIA Inspector General report, he was waterboarded and threatened during an interrogation with a power drill and handgun.  

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 2:26pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.

Recently-passed Criminal Justice Reform Legislation in the States

Bill to Stop Modern Day Slavery under Government Contracts

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 12:44pm

Last month the ACLU released a joint report with Yale Law School, Victims of Complacency, that documents the ongoing trafficking, forced labor and abuse of foreign workers hired through U.S. government contracts to work in support of U.S. military and diplomatic missions abroad. Recruited from impoverished villages in countries such as India, Nepal and the Philippines, these men and women – known as Third Country Nationals – are charged exorbitant recruitment fees, lied to about what country they will be taken to and how much they will be paid, and often have no choice but to live and work in unacceptable and unsafe conditions.  These abuses amount to modern day slavery; all on the U.S. tax payers’ dime. Now members of Congress want to act to ensure that federal funds are no longer facilitating such exploitative, abusive and illegal practices.