Watching the Shadows

Gitmo defendant Omar Khadr's lawyer reinstated by military judge

US military judge Colonel Patrick Parrish ruled April 7 that Pentagon officials lacked the authority to dismiss Lieutenant Commander William Kuebler as defense counsel for Canadian Guantánamo Bay detainee Omar Khadr. Chief defense counsel Colonel Peter Masciola reassigned Kuebler earlier this month after Kuebler filed a formal complaint alleging that Masciola had a conflict of interest in overseeing the case. Parrish ruled that, under the rules of military tribunals, only a judge could remove a lawyer under such circumstances. Kuebler further alleges that he was barred from accessing files and resources that he needed to work on Khadr's defense. Kuebler continues to maintain that Khadr should be sent back to Canada.

DC Circuit rules courts cannot prevent transfer of Gitmo Uighurs

The US Court of Appeals for the DC Circuit ruled April 7 that US courts cannot prevent the government from transferring detainees held at Guantánamo Bay to foreign countries on the grounds that detainees may face prosecution or torture in the foreign country. The three-judge panel found it had jurisdiction to hear the habeas corpus claims brought by nine Uighur Muslim detainees under Boumediene v. Bush. Relying heavily on the US Supreme Court opinion Munaf v. Geren, the court then overturned a DC District Court decision that would have required the government to give a 30-day notice before sending detainees to foreign nations, ruling that the executive branch has broad authority to order transfers. The court noted that the US government has in place policies against sending detainees to countries that may torture them and concluded "the district court may not question the Government’s determination that a potential recipient country is not likely to torture a detainee."

Red Cross: Gitmo doctors violated medical ethics

Medical professionals violated codes of medical ethics by participating in and assisting in ill-treatment of Guantánamo Bay detainees, says a report by the International Committee of the Red Cross, made public April 6. The report, which was written in 2007 based on interviews of fourteen detainees, alleges that doctors and psychologists in Guantánamo at times stopped waterboarding and other forms of ill-treatment, and at other times modified the severity of the treatment to allow it to continue.

Khadr lawyer reassigned after criticizing lead Pentagon defense lawyer

The US Navy April 3 reassigned Lieutenant Commander William Kuebler, a military lawyer who had been in charge of defending Guantánamo detainee Omar Khadr, after Kuebler filed a formal complaint against a military official overseeing the case. Kuebler had worked on the case for two years before he was fired after alleging that the military's chief Guantanamo defense lawyer, Colonel Peter Masciola, had a conflict of interest in overseeing the case. Kuebler said Masciola should be removed from the case because Masciola said Khadr should also face civil liability for the alleged killing of a US soldier, despite his role overseeing Khadr's defense. Khadr is the only Canadian citizen currently being held in Guantanamo, and Canadian officials have said they may investigate the circumstances surrounding Kuebler's removal.

France to accept one Gitmo detainee

French President Nicholas Sarkozy said April 3 that his country would accept one Guantánamo Bay detainee in a symbolic effort to aid the closure of the detention center. Sarkozy made the announcement ahead of this weekend's North Atlantic Treaty Organization (NATO) summit in Strasbourg, France, and Kehl, Germany. According to reports, the detainee that would be taken in by France could be of Algerian origin. Sarkozy congratulated US President Barack Obama on his January decision to order the closure of Guantánamo during the first meeting between the two heads of state this week.

Hugo Chávez offers to accept Gitmo detainees

Venezuelan President Hugo Chávez said April 1 that Venezuela would be willing to accept detainees from the Guantánamo Bay military prison. Chávez made his statements in an interview with Arabic TV channel al-Jazeera while attending the Second Summit of Arab-South American Countries in Qatar. In the interview, Chávez also called for US President Barack Obama to complete the release of all Guantánamo detainees and completely return Guantánamo to Cuba. Given the tense relationship between the US and Venezuela, it is unlikely that detainees will be sent to Venezuela.

Obama's biggest foreign policy challenge: our readers write

Our March issue featured stories on new challenges to the Pentagon's Afghanistan operation, fears of Mexico's imminent destabilization, and NAFTA's hidden military agenda. Our multiple-choice March Exit Poll was: Which will be Obama's biggest foreign policy challenge? We received 17 votes (which we hope does not indicate that we have only 17 readers). The results follow:

US interrogation tactics were torture: ex-State Department attorney

Former US State Department lawyer Vijay Padmanabhan criticized the administration of former president George W. Bush for approving extreme interrogation techniques against terrorism suspects, in an interview with the Associated Press March 27. Padmanabhan, who now teaches at Cardozo School of Law in New York, served as the State Department's chief counsel on Guantánamo Bay and Iraq detentions. He said he believes the interrogation tactics used on some detainees constituted torture, and that the Bush administration was wrong to argue that the detainees were not protected by the Geneva Conventions.

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