Category Archives: Guantanamo Bay Watch

Group Of Ex-Judges, Diplomats, and Former Military Lawyers Takes Due Process For Guantanamo Detainees To The Supreme Court

Things are finally heating up around the Guantanamo Bay Prison/Death Camp Situation and the lack of Due Process for its terrorist suspects. This article is the first of several I’ll be putting up today.

‘Justice denied’ at Guantanamo

By Rachel Clarke for BBC News.

A diverse group of ex-judges, diplomats and former military lawyers is urging the US Supreme Court to intervene on behalf of hundreds of men being held without trial by the government…
They hope the top court will agree to review the detention of suspected al-Qaeda and Taleban members in the US military camp at Guantanamo Bay in Cuba.
US officials insist there are reasons for holding the alleged fighters and say they will get a fair legal hearing in due course.
But opponents say it is already nearly two years since most of the detainees were captured and they should be afforded more rights now.
John Gibbons, a former appeals court judge, said justice was being “totally denied” to the detainees in Guantanamo.
“They don’t have access to lawyers; they have had no hearings; they are just in limbo. That’s as clear an example of justice denied as you can find,” he said.
A key issue is that the detainees are foreign citizens being held on foreign soil and as such may not come under the jurisdiction of the civil courts.
Mr Gibbons said he found it “repugnant” that the administration could order the imprisonment of people possibly beyond the reach of law, especially as he said the US clearly ruled over Guantanamo Bay, even if it was technically part of Cuba.

Continue reading

Britons Denied Due Process

…along with everyone else being held at Guantanamo Bay.
What kind of precedent are we setting for the rest of the world? This is truly frightening.
Confess or die, US tells jailed Britons
Outrage over plight of Guantanamo detainees
By Martin Bright, Kamal Ahmed and Peter Beaumont for The Observer.

The two British terrorist suspects facing a secret US military tribunal in Guantanamo Bay will be given a choice: plead guilty and accept a 20-year prison sentence, or be executed if found guilty.
American legal sources close to the process said that the prisoners’ dilemma was intended to encourage maximum ‘co-operation’.
The news comes as Jack Straw, the Foreign Secretary, prepares to urge US Secretary of State Colin Powell to repatriate the two Britons. He will say that they should face a fair trial here under English law. Backed by Home Secretary David Blunkett, Straw will make it clear that the Government opposes the death penalty and wants to see both men tried ‘under normal judicial process’.
Lawyers acting for Moazzam Begg, 35, from Sparkbrook, Birmingham, and Feroz Abassi, 23, from Croydon, said that any confessions gathered while the men were kept without charge or access to lawyers in Bagram airbase in Afghanistan and Camp Delta in Cuba would have no status in international law and would be inadmissible in British courts.
Gareth Peirce, who acts for Moazzam Begg, said: ‘Anything that any human being says or admits under threat of brutality is regarded internationally and nationally as worthless. It makes the process an abuse. Moazzam Begg had a year in Bagram airbase and then six months in Guantanamo Bay. If this treatment happened for an hour in a British police station, no evidence gathered would be admissible,’ she said…
‘The trial system in Guantanamo Bay allows a whole series of serious breaches of defendant rights that would mean that they could never come to trial in the US.
‘First, it allows the wiretapping of attorney-client meetings, although those wiretaps cannot actually be used in evidence. Then there is the fact that the Pentagon “Appointing Authority” – probably US Defence Secretary Donald Rumsfeld – has the ability to remove a judge at any time without giving any reason.’
Among other concerns about the 50-page Final Rule, which was published by the Department of Defence last week for governing the trials, are:

Interview With Amnesty International’s Matthew Van Saun About Guantanamo Bay

As I’ve mentioned in an earlier post, there appears to be a real problem going on at Guantanamo Bay right now with regard to the treatment of prisoners, the treatment of under age youths, and the recent floating of plans to convert the facility into a Death Camp.
I took the liberty of interviewing Amnesty International’s Matthew Van Saun about this issue a few weeks ago while attending the Friday 13, 2003 INS Mass Deportation Protest in San Francisco. Matthew emphasized that now is the time to be proactive in letting our representatives know that these people deserve trials and executing them without due process is unacceptable.
The wind was blowing really hard, so I’ve transcribed the entire interview, in case portions of it are too hard to hear over the wind.
Video: Matthew Van Saun On Guantanamo Bay (Small – 9 MB)
Van Saun: I’m out here today regarding the deportation of 13,000 Arab and Muslim men — giving a statement for Amnesty International.
Question: Can you confirm some of the reports that we’ve been hearing about the government sort of floating plans to turn Guantanamo Bay into a death camp?
Van Saun: Well, I can tell you that Amnesty International, if these reports turn out to be true, would be very opposed to that plan. Because, what they would be doing is basically executing people without a trial and without due process. Amnesty International has a very strong platform against the death penalty in the United States.
We would be very concerned if they were building a purported “camp” to actually put people to death in Guantanamo. It’s something that Amnesty International has sent out issue briefs on and press statements, and if it turns out to be true, I’m sure that Amnesty International would like to send a delegation down to Guantanamo to inspect this camp or this proposed idea of setting up some sort of death camp. If it’s legitimate.
Question: If it’s legitimate? There have been people from the Administration saying they’re thinking about it, basically?
Van Saun: Yes. Well, if we have information that says that they are actually going to follow through with their proposal of turning it into a quasi-death camp. If that’s what they’re planning on. Then we would be very much opposed to such a thing.
Question: But it’s hard to really oppose it until they’ve announced that they’re implementing something?
Van Saun: Well, we can still oppose it by pressuring members of Congress and the government. Especially the Justice Department and the Department of Defense. We can still shoot it down as well because we would really want to make sure that they know that it would not be acceptable, even for an idea, to put people to death at Guantanamo.
Question: Do you think these days that maybe Congress is a better bet than the Department of Justice as far as telling people that care what we think?
Van Saun: I think so. I think if we put a lot of pressure on our Congressman and our Senators, in San Francisco and all over the country, to make sure they’re aware of these issues. Some congressman sometimes aren’t even aware of what’s going on. And it’s best to be proactive in stopping the government before they act in such an instance, if they were going to do something.
Question: So maybe we’d write a letter to bring it to their attention, or something, before it even gets their desks?
Van Saun: Letters, phone calls, emails, faxes — whatever it takes to get people to realize that this is an unacceptable form of punishment.
Question: Does Amnesty International have a position you can talk about in terms of Guantanamo Bay and the conditions that the prisoners are being kept in? Did you guys have an inspection team there or anything?
Van Saun: I don’t think Amnesty actually ever had an inspection team allowed into Guantanamo Bay.
Question: So there hasn’t been one?
Van Saun: As far as I know, there has never been an inspection team from Amnesty International allowed into Guantanamo Bay.