Gitmo

Appeals court dismisses Gitmo detainee lawsuit

The US Court of Appeals for the District of Columbia Circuit on June 10 dismissed (PDF) a lawsuit brought by a former Guantánamo detainee against former Defense Secretary Donald Rumsfeld. According to the original complaint (PDF), the plaintiff, Sami Abdulaziz Allaithi, was an Egyptian professor working in Kabul teaching English. When the US started its bombing campaign, the plaintiff fled to Pakistan, was captured and then transferred to the Guantánamo Bay Detention Camp where he claims he was tortured and prevented from practicing his religion. This treatment continued even though he was classified as a non-enemy combatant by the Department of Defense's Combatant Status Review Tribunal until he was released. In the opinion, written by Judge Janice Rodgers Brown, the court held that, "[t]he now-settled law reveals several flaws and inadequacies of the Appellants' complaint. ... In response, counsel invites us to remand this case to allow them an opportunity to rectify whatever mistakes lie in their pleadings... We cannot."

DoD approves war crimes trial for Qaeda leader

The US Department of Defense on June 2 approved the war crimes trial of Abd al-Hadi al-Iraqi (BBC profile), a leader of al-Qaeda's armed forces between 2002 and 2004. The former CIA captive has been held at Guantánamo Bay since 2007. The official charge sheet (PDF) alleges, among other things, that al-Hadi was a superior commander for al-Qaeda and that he and his operatives killed multiple US service members and attacked a US military medical helicopter with rocket-propelled grenades and firearms. Prosecutors also allege that al-Hadi funded and oversaw all of al-Qaeda's operations against US and allied forces in Afghanistan and Pakistan from 2002 to 2004, and that he directed his forces to use various unlawful means, such as attacking civilians and detonating car bombs in civilian areas.

US POW released in exchange for Gitmo detainees

US President Barack Obama announced May 31 that prisoner of war Bowe Bergdahl had been released into US custody in exchange for five detainees held at Guantánamo Bay. Bergdahl was the only confirmed US prisoner of war from the conflict in Afghanistan remaining in enemy custody. The Obama administration brokered the deal for Bergdahl's exchange through the Qatari government; once Bergdahl was secured, five high-profile Guantánamo Bay detainees, including the former head of the Taliban army, were transferred to Qatar. Republicans in the US Senate and House of Representatives criticized the exchange, which had been conducted in violation of a law requiring the president to notify Congress 30 days before any detainees are transferred from Guantanamo bay (PDF). The Obama administration maintains that the provision of the law requiring the notification is an unconstitutional violation on his rights as Commander-in-Chief (signing statement, PDF).

Judge orders halt to force-feeding at Gitmo

The US District Court for the District of Columbia on May 16 ordered (PDF) officials at Guantánamo Bay to temporarily suspend forced feedings of a detainee at the facility. Judge Gladys Kessler's unprecedented ruling also bars officials at the facility from subjecting the detainee to so-called forced cell extractions "for the purposes of" tube-feedings until May 21, the date of the next hearing in the case.  The ruling also orders the military to preserve more than 100 videos that show the prisoner being forcibly removed from his cell and force-fed. Syrian national Abu Wa'el Dhiab (advocacy website) has been held at Guantánamo Bay since 2002 after being detained in Pakistan. Dhiab has been cleared for release or transfer out of Guantanamo since 2009, and has been refusing food for over a year. Defense Department spokesman Lt. Col. Todd Breasseale stated in an e-mail that "[w]hile the Department follows the law and only applies enteral feeding in order to preserve life, we will, of course, comply with the judge's order here." (Jurist, May 17; Al Jazeera America, May 16)

Panel calls for transfer of Yemeni Gitmo prisoner

The Periodic Review Secretariat, a national security panel under the authority of the US Department of Defense (DoD), on April 24  recommended (PDF) the release of a Yemeni prisoner currently held at Guantánamo Bay. The prisoner, Ali Ahmad Mohamed al-Razihi, was suspected of acting as a bodyguard for Osama bin Laden and has been held at Guantánamo since 2002. The Periodic Review Secretariat determines whether certain individuals detained at Guantánamo represent a continuing significant threat to the security of the US such that their continued detention is warranted. In making the determination, the security review panel considered the detainee's plans for the future and the level of his involvement with al-Qaeda, including his behavior throughout detention. The journalist and Guantánamo expert Andy Worthington released a copy of al-Razihi's statement  delivered before the review board of the Periodic Review Secretariat on March 20.

Uruguay agrees to take five Guantánamo prisoners

Uruguayan President Jose Mujica announced on March 20 that his country has agreed with US President Barack Obama to take five inmates at Guantánamo Bay, reportedly stating that they would be "welcome to work and stay with their families in Uruguay." Obama is attempting to live up to his promise to release the remaining prisoners at the camp and to close the facility, but there are still 154 remaining detainees. The five prisoners will be granted refugee status in Uruguay, and though Mujica reportedly agreed to the proposal for humanitarian reasons, he has also acknowledged the possibility of some reciprocal action from the United States, reportedly stating, "I don't do favors for free." Mujica has some personal connection to the prisoners' scenario, having been detained for fourteen years as a guerrilla fighter by the 1973-1985 Uruguayan dictatorship.

US repatriates Algerian Guantánamo detainee

The US Department of Defense on March 12 announced the transfer of Guantánamo detainee Ahmed Belbacha to Algeria. Belbacha, a native Algerian who was detained in Pakistan in 2002, had been held at Guantánamo for 12 years without a trial or formal charges. Algeria tried Belbacha in absentia in 2009, convicting him of belonging to an "overseas terrorist group," and sentenced him to 20 years in prison. Belbacha has resisted repatriation until recently after beiong cleared for transfer by the Guantánamo Review Task Force. After the transfer, 154 detainees remain at Guantánamo Bay.

Gitmo detainee challenges force-feeding practices

Emad Abdullah Hassan filed a federal lawsuit on March 11 in the US District Court for the District of Columbia that challenges the force-feeding procedures at the Guantánamo Bay military prison. Hassan, who has been held in Guantanamo since 2002, alleges that he has been force-fed more than 5,000 times since 2007 in an effort to end his hunger strike. Hassan's case will be the first time at a court will review the force-feeding procedures used at Guantanamo since the US Court of Appeals for the District of Columbia Circuit ruled (PDF) last month that federal judges have jurisdiction to hear such cases. Hassan's attorney argues that the force-feeding procedures amount to torture and says that he hopes the lawsuit will force the military to hand over documents regarding detainee policies and procedures.

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