Guantánamo

Nine Years of Guantánamo

By Suzanne Ito, ACLU at 4:31pm

Nine years ago today, a Department of Defense C-141 transport plane carrying 20 prisoners arrived in Guantánamo Bay, Cuba. On that day, January 11, 2002, the naval base began operating as a detention center for men captured in President Bush's so-called "war on terror." Today, the detention center at Guantánamo Bay enters its 10th year of operation. More than 170 prisoners continue to be detained indefinitely there.

The Victims

By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 5:07pm

Yesterday was an emotional day of testimony from widow Tabitha Speer and Omar Khadr. As a reminder, on Monday, Khadr pled guilty as part of a plea agreement to all of the charges against him, including throwing a grenade that killed Sgt. Christopher Speer eight years ago. We are now in the sentencing phase of the case.

The Gitmo Sentence Guessing Game

By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 11:27am

Before Omar Khadr's trial ground to a halt last week, the sentencing hearing of 50-year-old detainee Ibrahim al-Qosi continued apace. Al-Qosi is the first detainee to be convicted in the military commissions under the Obama administration, in a plea deal in which he admitted to being an al Qaeda cook and occasional driver.

During the two days of sentencing hearings, everyone in the room other than the jurors knew that there had been a secret plea agreement capping the actual amount of time al-Qosi will serve at 10 years (two years in addition to the eight he's already served). On Monday, the judge, Lt. Col. Nancy Paul, ruled that this true sentence would be kept secret until the military commissions' Convening Authority approves it, at an unspecified date. The jurors were only given the enumerated charges to which al-Qosi had pled guilty, and had to set a formal sentence based on that information.

Interrogator One

By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 12:08am

(Originally posted on Daily Kos.)

Bombshell Testimony from Bagram Interrogator Convicted of Abuse, Reporters Banned from Gitmo for Reporting his Name

On Thursday, pretrial hearings continued in the case of Canadian Omar Khadr, who has spent a third of his life in U.S. detention since he was captured at age 15. Though the Obama administration has claimed it intends to erase the taint of torture and abuse from the Bush-era Guantánamo military commissions, the government is trying to use evidence coerced out of the teenage boy in an illegitimate trial eight years later.

Gitmo, Illinois

By Suzanne Ito, ACLU at 5:55pm

Today, President Obama ordered the federal government to purchase the Thomson Correctional Center, a maximum security prison in northwestern Illinois, and the new home for a "limited number" of detainees currently held at Guantánamo Bay.

This sounds like a good thing—we've been advocating for the closure of Guantánamo for years.

A Victory for the Rule of Law. Kind of.

By Suzanne Ito, ACLU at 3:45pm

Earlier today, Attorney General Eric Holder officially announced that the five defendants represented by the John Adams Project who have been charged in the 9/11 attacks will be tried in federal court, rather than in the unconstitutional Guantánamo military commissions. This is a clear victory for the rule of law, and we thank all of you who have supported the ACLU in our efforts to shed light on the injustices of the military commission proceedings at Guantánamo Bay.

Tortured Tunes

By Ateqah Khaki at 4:29pm

Today, a group of musicians, including REM, Pearl Jam and The Roots filed a Freedom of Information Act (FOIA) request to find out whether their music was played at the detention facility at Guantánamo Bay.  The request for information stems from former Guantánamo detainees’ testimony and released government documents that document that music has been used as part of interrogations.

Government Asks For Delay in Guantánamo Military Commission Cases of 9/11 Defendants

By Rachel Myers, ACLU at 5:28pm

The government indicated today it would ask for a further delay in the Guantánamo military commissions cases of the defendants charged in the 9/11 attacks. The proceedings are currently scheduled to resume on Monday, September 21, and it will be up to the military judge whether or not to grant a requested delay. The government’s request would come on the heels of a petition filed by military defense lawyers on September 10 asking a federal court to halt the unconstitutional military commissions system.

Tortured Evidence Out in Child Soldier Case

By Suzanne Ito, ACLU at 6:05pm

Today we learned that evidence gained through the torture of Mohammed Jawad would not be used against him in his federal court case challenging his unlawful detention. Jawad was a young boy when captured in Afghanistan in 2002. Evidence gained through torture following Jawad's arrest was previously thrown out by the judge in Jawad's military commission hearing. In his habeas case, the government had sought to rely on this same evidence, as well as statements obtained through torture and other coercion at Guantanamo and Bagram.

Military Commissions: Beyond Repair

By Suzanne Ito, ACLU at 4:52pm

How do you know when something is past the point of fixing? When it wasn't that great even when it was brand new, and kept falling apart until it finally broke down. That's the military commission system in a nutshell.

Today we learned that President Obama plans to retool the failed military commission system for 20 or so Guantanamo detainees. We're disappointed. During the campaign, then-Senator Obama promised a different approach to Gitmo (PDF):

The legal framework behind Guantanamo has failed completely, resulting in only one conviction…As president, Barack Obama will close the detention facility at Guantanamo. He will reject the Military Commissions Act, which allowed the U.S. to circumvent Geneva Conventions in the handling of detainees. He will develop a fair and thorough process based on the Uniform Code of Military Justice to distinguish between those prisoners who should be prosecuted for their crimes, those who can’t be prosecuted but who can be held in a manner consistent with the laws of war, and those who should be released or transferred to their home countries. (emphasis ours)
According to today's statement, the revamped system would still allow the use of hearsay evidence, which is inadmissible in federal court and military courts martial, in some circumstances. Fair and thorough? Not so much.

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