Lithuania, Romania guilty in CIA torture case
The European Court of Human Rights on May 31 found that Lithuania and Romania violated articles of the European Convention on Human Rights (PDF) by allowing secret CIA prisons to operate on their territory. Lithuania had allowed the CIA to open a "black site" on where agents subjected the applicant, Zayn al-Abidin Muhammad Husayn AKA Abu Zubaydah, to "ill-treatment and arbitrary detention." Lithuania must pay Husayn 130,000 euros (over $150,000). The applicant in the Romania case, Abd al-Rahim Husseyn Muhammad al-Nashiri, was transported to a "black site" on that country's territory, and faced capital charges in the US. The court censured Romania for transferring al-Nashiri to the US when it was likely he would face the death penalty. Romania must pay the applicant 100,000 euros (over $115,000). Both men remain interned at Guantánamo Bay.
US misses transfer deadline for Gitmo detainee
The Trump administration has yet to repatriate Guantánamo detainee Ahmed Muhammed Haza al-Darbi to Saudi Arabia, effectively missing the Feb. 20 deadline established in his 2014 plea deal. Darbi pleaded guilty and admitted (PDF) to involvement in al-Qaeda operations including the 2002 attack on a French-flagged oil tanker near Yemen. In his pre-trial agreement (PDF), it was determined that, contingent on his cooperation, he would be sent back to Saudi Arabia to serve the duration of his sentence. Feb. 20 marked four years from the close of the deal and Darbi was not repatriated to Saudi Arabia.
Trump executive order to keep Gitmo prison open
US President Donald Trump signed an executive order Jan. 30 to continue operations at the Guantánamo Bay detention center. The order states that the facility is "legal, safe, humane, and conducted consistent with United States and international law." Trump's new executive order not only allows for those detained currently to remain detained, but also allows for the US to transport new persons to the facility when lawful and necessary. Trump's order revokes the 2009 order from then-president Barack Obama that was intended to close the facility at Guantánamo and transfer detainees to other detention facilities, their home countries or to a third country. There are currently 41 detainees in custody at Guantánamo.
Military judge approves destruction of 'black site'
Military judge James Pohl ruled Jan. 19 that no wrongdoing occurred when he authorized the destruction of a CIA secret prison, or "black site," despite the fact that a protection order was in effect on any remains from the CIA black sites. Prosecutors, citing national security powers, obtained permission from the judge to give defense attorneys photographs and a diagram of the site as a substitute for preservation the actual facility. According to Pohl, defense attorneys failed to show that "the physical evidence is of such central importance to an issue that is essential to a fair trial, or that there is no adequate substitute for the physical evidence." According to the Miami Herald, from 2002-2006, prisoners at the black site were subjected to waterboarding, sexual abuse, and other forms of torture.
Gitmo habeas claim charges Trump discrimination
Eleven Guantánamo inmates filed a writ of habeas corpus (PDF) in the US District Court for the District of Columbia on Jan. 11, claiming that their indefinite detention is due to President Donald Trump's anti-Muslim stance. The inmates argue they can only be legally kept at Guantánamo if their individual circumstances show that they would otherwise return to the battlefield. However, the suit claims that Trump's declaration that all Guantánamo inmates will remain in the prison camp does not take into account any of their individual circumstances, but instead is based on Trump's antipathy toward Muslims. Some of the petitioners have been at Guantánamo for the entirety of its 16 years in use as a prison. Two of the detainees were in the process of being cleared for release under the Obama administration, before the Trump administration put a stop to the release process for all inmates. The petition states that the indefinite detentions violate the due process clause of the Constitution.
UN expert: torture continues at Gitmo
UN Special Rapporteur on Torture Nils Melzer issued a statement Dec. 13 calling on the US to end impunity for "perpetrators and policymakers responsible for years of gruesome abuse" at Guantánamo Bay and other detention facilities. Melzer urged US authorities to take action on the 2014 Senate Intelligence Committee Report, which found that the Central Intelligence Agency (CIA) deliberately misled Congress and the White House about information obtained using so-called "enhanced interrogation techniques" between 2002 and 2007. Melzer contends that the US us in violation of the Convention Against Torture by failing to prosecute instances of torture outlined in the Senate Report, "sending a dangerous message of complacency and impunity to officials in the US and around the world." (Jurist, Dec. 14)
Appeals court: military judge biased in 9-11 case
The US Court of Appeals for the District of Columbia Circuit ruled (PDF) Aug. 16 that Judge Scott Silliman should have recused himself in a case concerning multiple defendants who were charged with aiding in the 9-11 attacks. The petitioner, Khalid Sheikh Mohammed, argued that Silliman was biased in the matter and cited a 2010 comment in which Silliman called Mohammad and his co-defendants the major conspirators in th attacks. The court found that because Silliman "expressed an opinion that Petitioner is guilty of the very crimes of which he is accused," he manifested an "apparent bias" and thus should have recused himself. The court granted the petition seeking recusal of Silliman and vacated a decision (PDF) by the US Court of Military Commission to reinstate charges for "attacking civilians and destroying property in violation of the law of war" against Mohammad and his co-defendants.
Canada issues formal apology to Omar Khadr
The Canadian Minister of Foreign Affairs Chrystia Freeland and Minister of Public Safety and Emergency Preparedness Ralph Goodale issued a joint statement on July 7 apologizing to former Guantánamo detainee Omar Khadr for violating his rights under the Canadian Charter of Rights and Freedoms. Freeland and Goodale's statement read:
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