Guantánamo

Maintaining the Status Quo

By Jennifer Turner, Human Rights Researcher, ACLU Human Rights Program at 2:15pm

(Originally posted on Daily Kos.)

It seemed to be business as usual Wednesday, as we filed into the courtroom at Guantánamo Bay for Afghan Mohammed Kamin's pre-trial hearing before the military commission here. Attorney General Eric Holder simultaneously was testifying before Congress that the decision, announced last Friday, to transfer the five accused 9/11 co-conspirators to federal court to stand trial, represents a step closer to closing Guantánamo (even as President Obama announced that his administration will miss its deadline to do so).

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.

No Justice Can Come From Guantánamo Military Commissions

(Also posted on Huffington Post)

According to news reports, the Obama administration will decide by November 16 whether or not to move the cases of the 9/11 defendants from the Guantánamo military commissions system to U.S. federal courts. It should make this important move and put an end to a shameful era in American history.

Gitmo Military Commissions on Hold Again

By Suzanne Ito, ACLU at 5:46pm

Yesterday, the ACLU's Denny LeBoeuf was in Guantánamo to observe the restart of the military commission hearings. But the hearings were brought to another halt almost as soon as they began: the military judge granted the government's motion to stay all proceedings in the case against the five alleged 9/11 conspirators until the Obama administration decides whether it will transfer the cases to federal court. The administration’s deadline to make this decision is November 16.

Black Sites? What's That? Torture? Us?

By Suzanne Ito, ACLU at 5:58pm

Last week, the Department of State (DOS) released a huge tranche of documents on its website in response to Freedom of Information Act (FOIA) lawsuit brought by the Center for Constitutional Rights and NYU Center for Human Rights and Global Justice. There's a lot of stuff to wade through, but we found some gems.

Jawad Released Home to Afghanistan

By Suzanne Ito, ACLU at 1:01pm

After nearly seven years in U.S. custody, Mohammed Jawad was released and flown home to Afghanistan over the weekend. One of his defense attorneys, Marine Maj. Eric Montalvo, accompanied Jawad as a private citizen on this trip home.

The ACLU represented Jawad in his habeas corpus case in federal court, which challenged his illegal detention and prosecution before the military commissions at Guantánamo. Of the 200-plus Gitmo detainees who still remain, two facts stood out with Jawad's case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, 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.

Jawad Released Home to Afghanistan

By Suzanne Ito, ACLU at 1:01pm

After nearly seven years in U.S. custody, Mohammed Jawad was released and flown home to Afghanistan over the weekend. One of his defense attorneys, Marine Maj. Eric Montalvo, accompanied Jawad as a private citizen on this trip home.

The ACLU represented Jawad in his habeas corpus case in federal court, which challenged his illegal detention and prosecution before the military commissions at Guantánamo. Of the 200-plus Gitmo detainees who still remain, two facts stood out with Jawad's case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, 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.

Meanwhile, on a Naval Base at Guantánamo Bay…

By Ateqah Khaki at 5:52pm

Yesterday, White House Homeland Security Chief John Brennan indicated the Obama administration might not meet President Obama’s January 22, 2010, deadline to close the detention center at Guantánamo Bay. When asked about the president’s executive order to close the prison within a year, Brennan stated, "I don’t have a crystal ball. At this point it is unknowable exactly how many people will be transferred next week, month, several months and what the conditions on the ground will be on 1 January and 21 January…Everybody is doing everything possible in the administration to realize the President's goal.”

Indefinite Detention: No Guilty Verdict Required

By Anna Christensen, National Security Project at 5:03pm

In her testimony before the Constitution, Civil Rights, and Civil Liberties Subcommittee of the House Judiciary Committee last week, Denny LeBoeuf, director of the ACLU's John Adams Project, highlighted a number of the most egregious flaws in the military commissions system. LeBoeuf cited, among other things:

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