Mohammad Jawed

By Andy Worthington
Every now and then, someone in the mainstream media cuts through the general — and shameful — indifference about Guantánamo, publishing a powerful story that should change hearts and minds. This is the case with a feature in the latest issue of GQ by Michael Paterniti about one of the more notorious cases of cruelty at Guantánamo — that of the teenage prisoner Mohammed Jawad, released in August 2009 — although it will probably do no more than awaken a few more people to the gross injustices perpetrated at Guantánamo, and elsewhere in the “War on Terror,” by the Bush administration.

Sadly, it will probably do little to help those still held, abandoned by President Obama and unfairly vilified by opportunistic Republicans, whose continued presence in an experimental prison devoted to holding people neither as criminal suspects not as prisoners of war ought to be an unconscionable act for Americans to be engaging in, over two years after Bush left office, even though it has become, instead, a cause for amnesia, indifference or “patriotic” support that is deeply troubling for the health of the United States as a country that any longer has any comprehension of the difference between right and wrong.

Jawad’s story didn’t feature in my book The Guantánamo Files, as it was one that I felt I could skip when my publishers obliged me to trim 10,000 words from my manuscript, but the story of the boy seized in a marketplace in Kabul in December 2002 after a grenade attack on two US soldiers and an Afghan translator soon caught my attention when Jawad was put forward for a trial by Military Commission in October 2007, and it really took off in 2008, as his lawyers began to fight tenaciously for him, and his prosecutor resigned, complaining that the entire trial system was so disorganized — whether by accident or design — that it was impossible to guarantee that anyone would receive a fair trial.

The lawyers in question — Maj. David Frakt for the defense, and Lt. Col. Darrel Vandeveld, the prosecutor who resigned — became friends of mine during this period, in part because I admired them so much, but also because they both appreciated my dedication to pursuing the Guantánamo story, when so few journalists seemed to care, and I was delighted to follow the story to its just conclusion in August 2009, when Jawad finally won his habeas corpus petition and returned home to Afghanistan.

 

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  • U.N. rights boss backs U.S. probe into alleged CIA abuses
  • Navi Pillay says no immunity from prosecution for torture
  • Next step involves criminal liability, she says

By Stephanie Nebehay

GENEVA,  (Reuters) – United Nations High Commissioner for Human Rights Navi Pillay said on Tuesday there should be no immunity from prosecution for torture of terror suspects in a U.S. probe of alleged CIA prisoner abuse cases.

The next step would involve criminal liability for anyone who broke the law, Navi Pillay said in a statement calling for greater transparency about “secret places of detention and what went on in them”.

“I hope there is a swift examination of the various allegations of abuse made by former and current detainees in Guantanamo and other U.S.-run prisoners and if they are verified, that the next steps will involve accountability for anyone who has violated the law,” she said.

On Monday, U.S. Attorney General Eric Holder named a special prosecutor to probe CIA prisoner abuse cases.

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We know that waterboarding, which was considered among the most “extreme techniques” was only used on three “high value” detainees: Abu Zubayda, Khalid Sheik Mohammed, and Abd al-Rahim al-Nashiri. But other torture techniques were used on detainees whose intelligence value was negligible by comparison. Consider that Mohammed Jawad was subjected to the “frequent flier” sleep deprivation program at Guantanamo Bay, even though he was probably a minor at the time, and that the government’s case against him was so weak that a judge recently ordered his release.

Now consider this statement from the IG report, which Glenn Greenwald pointed out and which I’ll reproduce in its entirety:

Agency Officers report that reliance on analytical assessments that were unsupported by credible intelligence may have resulted in the application of EIT’s without justification.

For American political purposes, everyone detained at Guantanamo is guilty until proven innocent–yet the government has lost 28 of the last 33 habeas petitions from Gitmo detainees, despite the Bush administration’s assertion that all of the individuals in custody were “the worst of the worst.” Well, according to the 2004 IG Report, not even the CIA believed that.

For some reason though, it seems almost impossible to get this simple point across: Not all the detainees in our custody have done something wrong. They have not been convicted of any crimes. Some of them have been imprisoned and tortured on the basis of very flimsy evidence. Some of them certainly have committed crimes, and should be tried in court–but the only reason torture and indefinite detention remain feasible as policies is that we’re still operating from a presumption of guilt by definition. Unfortunately, I’m not really sure how one goes about changing that.

– A. Serwer

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WASHINGTON,  (UPI) — A young Guantanamo Bay prisoner has been released and returned to his native Afghanistan and freedom, the U.S. Justice Department said Monday.

Mohammed Jawad was 17 when he was arrested six years ago, U.S. officials say, but his lawyer says he was 14 and family members say he was 12, McClatchy Newspapers reported.

Jawad’s conviction for throwing a hand grenade at two U.S. soldiers, wounding them, was rejected by a U.S. judge last month. The judge said his confession was obtained under torture.

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Darrel Vandeveld Helped Secure Release of Prisoner Who Confessed Under Torture; Now He’s a Pariah

(CBS) One of the youngest detainees at the Guantanamo Bay prison is expected to be returned this weekend to Afghanistan where he was arrested seven years ago for allegedly throwing a grenade at American soldiers.

Mohammed Jawad’s break came when a U.S. military lawyer made a choice – to follow his conscience, as CBS News chief foreign affairs correspondent Lara Logan reports.

Reserve Lt. Col. Darrel Vandeveld could not keep silent. As he put it, “Silence in the face of evil is collaboration with evil.”

Vandeveld was a military prosecutor at Guantanamo – until he decided to speak against the corruption of justice he found there.

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Washington. The U.S. government will soon release six terrorist suspects who were detained in the Guantanamo prison, said the White House on Thursday, Xinhua News Agency informs.

White House spokesperson Robert Gibbs told a press conference that President Barack Obama’s administration has notified Congress on Aug. 7 its decision to release six Guantanamo detainees within a two-week period, but he did not disclose more details about the six.

Ruled by Congress, the legislative branch has two weeks to oppose the White House’s decision to release any Guantanamo detainees.

According to U.S. media reports, Mohammed Jawad, who was accused of attacking American troops in Afghanistan in 2002 when he was 16 or 17 12 years old, will be among the released after a federal judge ordered the government to set him free.


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Defense Attorneys Say Afghan Eyewitnesses Received Cash or Gifts From the U.S. Government

Guards search detainees at the Guantanamo Bay Detention Facility. (Zuma Press)


Guards search detainees at the Guantanamo Bay Detention Facility. (Zuma Press)

In a startling accusation, defense lawyers in the case of an adolescent arrested and brought to Guantanamo Bay six years ago claim the Justice Department may bring a criminal case against the young man based on testimony from witnesses paid by the U.S. government for their cooperation. Mohammed Jawad was as young as 12 when he was arrested by Afghan police in 2002 and accused of throwing a grenade at U.S. soldiers. Although he confessed to the crime after Afghan officials threatened to kill him and his family, his statements were later ruled inadmissible by two U.S. judges because they were coerced.


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By Andy Worthington

On Thursday, in a long-anticipated ruling (PDF), Judge Ellen Segan Huvelle granted the habeas corpus petition of Mohamed Jawad, an Afghan teenager seized after a grenade attack on a jeep containing two U.S. soldiers and an Afghan translator in December 2002, and ordered the government to transfer him to the custody of the Afghan authorities, who have already stated that he will be released on arrival.

Even if the government accepts Judge Huvelle’s ruling, Jawad will not be released immediately, because, under the terms of legislation recently forced on the government by Congress, the administration will have to provide lawmakers with “an assessment of any risk to the national security” posed by Jawad before he can be freed, which, it said, would take 22 days.

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Torture Obtained Statements Already Rejected

FOR IMMEDIATE RELEASE
July 24, 2009
7:25 PM

CONTACT: ACLU
Will Matthews, (646) 233-9572 or (212) 549-2666; media@aclu.org

NEW YORK – July 24 – After admitting to a federal judge that Guantánamo detainee and American Civil Liberties Union client Mohammed Jawad had been tortured and illegally detained for nearly seven years, the Obama administration today asked the court for permission to continue to detain Jawad while it decides whether to bring a criminal case against him. The request, filed in U.S. District Court for the District of Columbia, comes after U.S. District Court Judge Ellen S. Huvelle berated government lawyers last week for their inadequate case against Jawad.
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Prisoner Would Be 2nd Brought From Guantanamo to U.S. for Federal Trial

By Del Quentin Wilber and Julie Tate

The Justice Department signaled in court papers Friday that it was considering filing criminal charges against a Guantanamo Bay detainee who is alleged to have thrown a grenade at U.S. troops in Afghanistan.

The detainee, Mohammed Jawad, would be the second prisoner brought from the U.S. military facility at Guantanamo Bay, Cuba, to the United States for a federal trial if the Justice Department proceeds with a prosecution.

The court papers were filed in a federal lawsuit brought by the Afghan under the centuries-old legal doctrine of habeas corpus, which allows prisoners to contest their confinements before judges. Human rights groups have decried Jawad’s detention, asserting that he might have been as young as 12 when he was captured.

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