Detainee Policy

 

From Prime Ministers to pop stars, terror suspects to teenage tearaways, Scotland Yard has questioned them all. But the request by the British Attorney General that the London police launch an investigation into MI5, the U.K.’s domestic security service, is unprecedented. At issue are claims by Binyam Mohamed, a former Guantánamo detainee, who alleges that British intelligence agents knew he was being held and tortured in prisons in Pakistan, Morocco and Afghanistan, and even supplied questions to his interrogators.

Mohamed’s lawyer, Clive Stafford Smith, says that to evaluate his client’s claims — which could expand the investigation to include similar allegations by fellow Gitmo alumni — police will need access to records and personnel from the British intelligence community as well as from ministries with oversight of the security services and perhaps even to the pinnacles of decision-making in Westminster — and Washington. “It would be very surprising if the decision [on Mohamed] was not taken at a high level. The question is how high,” says Stafford Smith, who is also the director of the legal charity Reprieve. During a live broadcast of Britain’s nightly Channel 4 News on March 26, the attorney was more explicit. “The British investigation cannot just stop at the British people because the real torturers … were the Americans and the Pakistanis and the Moroccans,” he said.

 

Continues…

Send to Kindle

crosenberg@MiamiHerald.com

The Obama administration said Monday it has made no decisions on how many of the 240 or so Guantánamo detainees will be moved to U.S. soil, and whether they will be scattered around lockups throughout the United States or concentrated in one place.

Justice Department spokesman Dean Boyd also declined to say whether any sites had been ruled out as possible lockups for the men from 30 nations, many of whom have been held at the remote U.S. Navy base in southeast Cuba for seven-plus years.

Sixteen others were held for years by the CIA in so-called black sites, whose closure President Barack Obama also ordered in a series of executive orders on Jan. 22. He ordered the prison camps emptied within the year, after a process of case by case review of each detainee file.

 

Continues…

Send to Kindle

President’s National Security Legal Policy Remains Vague, But Clues Can Be Found In Handling Of Early Cases

by Marc Ambinder

(CBS) The “On The Marc” column is written by The Atlantic’s Marc Ambinder, CBS News’ chief political consultant. Judging by his campaign rhetoric, President Obama’s national security legal doctrine – call it the Obama Doctrine – would appear to be a model of restraint, where the powers of the executive are checked by a transparent screen and obsequious Congressional oversight.

Seventy days in, however, we know very little about how Obama the President thinks. We can judge him by his actions; in response to a flurry of pre- cooked court decisions, Obama’s national security lawyers have been very active.

Continues…

Send to Kindle

by Sebastiaan Gottlieb and Thijs Bouwknegt

 

Guantánamo Bay prisoners should be tried by a United States court under specialised but non-military law. That is the advice Dutch lawyer Geert-Jan Knoops has given US President Barack Obama. His blueprint for the trials is already on the desks of Mr Obama’s advisors in the White House.

Geert-Jan Knoops
Geert-Jan Knoops

Geert-Jan Knoops, an experienced practitioner in international law, is no stranger to the controversial tribunals held at Guantánamo Bay. He was an advisor in the case against Osama Bin Laden’s driver, Salim Hamdan. His advice then, in June 2006, led to a federal court ruling that the Guantánamo trials were unlawful.

Blueprint
President Obama is looking for a legitimate way to close the detention centre in Cuba. Mr Knoops took the initiative and offered his help. He thinks Europeans have been criticising the United States for too long, instead of providing them with help. He recently sent his recommendations to the US Embassy in The Hague.

 

Continues…

Send to Kindle

By Andy Worthington, AlterNet

Under Obama’s Justice Department, “change” means nothing more than turning “enemy combatants” to “Nobodies Formerly Known As Enemy Combatants.”

Changing the names of things was a ploy that was used by the Bush administration in an attempt to justify some of its least palatable activities. In response to the 9/11 attacks, for instance, the nation was not involved in a limited pursuit of a group of criminals responsible for the attacks, but instead embarked on an open-ended “War on Terror.” In keeping with this “new paradigm,” prisoners seized in this “war” were referred to as “detainees,” and held neither as criminal suspects nor as prisoners of war, protected by the Geneva Conventions, but as “enemy combatants,” without any rights whatsoever. Later, when the administration sought new ways in which to interrogate some of these men, the techniques it endorsed were not referred to as torture — even though many of them clearly were — but were instead described as “enhanced interrogation techniques.”

The Obama administration has clearly learned a trick or two from its predecessors. In its response to a court request for clarification of the meaning of the term “enemy combatant,” for use in the Guantánamo prisoners’ habeas corpus reviews (which were triggered by a momentous Supreme Court decision last June), the new government has responded to the challenge with a cunning sleight of hand. In a press release, the Department of Justice announced that it had dropped the use of the term “enemy combatant,” and that it had adjusted its definition of those who can be detained so that, instead of holding people who were “part of, or supporting, Taliban or al-Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners,” individuals who supported al-Qaeda or the Taliban “are detainable only if the support was substantial.”

 

Continues…

Send to Kindle

The Obama administration on Friday said it was abandoning the use in court proceedings of the Bush administration’s term “enemy combatant” as it argues for the continued detention of prisoners at Guantanamo Bay, Cuba, symbolically separating itself from Bush detention policies.

But in a filing in federal court, the Justice Department argued that the president had expansive authority to detain terror suspects there without criminal charges, much as the Bush administration asserted. It provided a broad definition of those who can be held, signaling that, as long as Guantanamo remained open, the new administration would aggressively defend its ability to hold some detainees there.

 

Continues…

Send to Kindle

by Raymond Bonner

Matthew Alexander and John Bruning, How to Break a Terrorist: The U.S. Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (New York: Free Press, 2008), 304 pp., $26.00.

David Cole, Justice at War: The Men and Ideas that Shaped America’s War on Terror (New York: New York Review of Books, 2008), 176 pp., $14.95.

Karen Greenberg, The Least Worst Place: Guantanamo’s First 100 Days (New York: Oxford University Press, 2009), 288 pp., $27.95.

Eric Lichtblau, Bush’s Law: The Remaking of American Justice (New York: Pantheon, 2008), 384 pp., $26.95.

Jane Mayer, The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals (New York: Doubleday, 2008), 400 pp., $27.50.

 WITH AN order to close Guantánamo, the Obama administration has acted quickly to move away from the Bush administration’s policies in what it called the “war on terror.” But much more needs to be done to undo the damage to America’s reputation abroad—not just in the Muslim world—and to lessen the chances of starting another chapter in the erosion of America’s civil liberties. And not all measures will be difficult. For starters, President Barack Obama should follow the lead of Britain’s Gordon Brown, who, upon becoming prime minister, stopped using the phrase “war on terror.”

 

Continues…

Send to Kindle
Charles Ommanney/Getty Images
Charles Ommanney/Getty Images

by Christopher Weaver

The Washington judge charged with deciding whether four detainees in Afghanistan can have their day in court gave the Obama administration nearly a month [1] (PDF) to distinguish its views on detention from President Bush’s. In a court filing Friday, President Obama’s lawyers declared that the new policy is the same as the old one [2] (PDF):

This Court’s Order of January 22, 2009 invited the Government to inform the Court by February 20, 2009, whether it intends to refine its position on whether the Court has jurisdiction over habeas petitions filed by detainees held at the United States military base in Bagram, Afghanistan. Having considered the matter, the Government adheres to its previously articulated position.

The stance adheres to the Bush administration’s theory of a global battlefield [3], where “enemy combatants” can be detained indefinitely even if they’re far away from any traditional battlefield, and even if they’re not directly engaged in hostilities. It stretches an argument that Bagram, a military base leased from the Afghan government, is significantly different from Guantanamo, where the Supreme Court determined last summer that habeas corpus applies.

Continues…

Send to Kindle

How to Evaluate the New Administration’s Counter-Terrorism Policies

By JOANNE MARINER

Less than a month into President Obama’s term, many of the Bush Administration’s worst counterterrorism policies have been left behind. Guantanamo has a set date for closure; CIA “black sites” have been banned; and the unfair military commission proceedings at Guantanamo have been suspended.

But there have already been disappointments. On Monday, in appellate argument in the case of Mohamed v. Jeppesen Dataplan, Inc., the new administration stuck with an indefensible Bush Administration position on the state secrets privilege. In urging the court to uphold the dismissal of a lawsuit challenging CIA flights that brought suspects to be tortured, the Justice Department acknowledged that the new administration was taking “exactly” the same position as the previous one had.

Continues…

Send to Kindle

The following information was released by the American Bar Association:

The American Bar Association House of Delegates today adopted nearly three dozen new measures as ABA policy, including critical proposals affecting the rights of military personnel and Guantanamo detainees, immigration reform and relief after disasters.

Among significant policies passed, the House voted to urge the Obama administration to ensure that any detainees who are expected to be charged with crimes be prosecuted in federal district courts, unless the attorney general certifies they cannot be prosecuted in such courts but can be prosecuted in other regularly constituted courts consistent with due process, the laws of war, the Geneva Conventions and the Uniform Code of Military Justice.

Continues…

Send to Kindle
  • Donate to FreeDetainees!

  • Categories

  • Write your Reps!

  • Recent

  • Archives

 

Twitter links powered by Tweet This v1.8.3, a WordPress plugin for Twitter.

Switch to our mobile site