detention

DoD announces transfer of Gitmo detainees

The US Department of Defense (DoD) announced Nov. 20 the transfer of five detainees from the detention facility at Guantánamo Bay. Three are being transferred to the country of Georgia, while Slovakia has accepted the transfer of two more detainees. In 2009 the Guantanamo Review Task Force, composed of six agencies, approved the transfers after considering factors such as security issues. Congress imposed restrictions on dozens of approved releases, including prohibiting any detainees from being sent to the US, but many restrictions were relaxed last December. A total of 143 prisoners remain at Guantanamo, and 74 of these have also been cleared for a future transfer.

UK court says Libyan can sue over rendition

A British court ruled (PDF) Oct. 30 that a former Libyan rebel commander can sue the British government for its alleged role in his detention and rendition. In 2004, Abdel Hakim Belhaj and his wife were arrested in Bangkok, Thailand, and returned to Muammar Qaddafi's Libya, where he spent years in prison. Belhaj first filed the lawsuit in 2012. Last year the British High Court threw out the claim, saying it was not a matter for the British courts and barred by the Acts of State doctrine. However, the Court of Appeal has now found that the claim is not barred because "it falls within a limitation on grounds of public policy in cases of violations of international law and fundamental human rights." The court went on to state that "[u]nless the English courts were able to exercise jurisdiction in this case, these very grave allegations would go uninvestigated and the appellants would be left without any legal recourse or remedy." Along with the British government, Belhaj is attempting to sue former Foreign Secretary Jack Straw and the former head of the British Secret Intelligence Service (SIS), known as M16, for alleged complicity with US intelligence over his treatment.

Judge orders release of Gitmo force-feeding videos

A judge for the US District Court for the District of Columbia on Oct. 3 ordered (PDF) the public release of 28 videos showing the forced feeding of Guantánamo Bay detainee Wa'el Dhiab. Dhiab, a Syrian citizen, has been held at Guantánamo since 2002 and has been on a long term hunger strike in protest of his detention. US District Court Judge Gladys Kessler rejected the US Navy's arguments that releasing the tapes would aid detainees in thwarting security measures, produce propaganda, and violate the Geneva convention. She found instead that the decision to disclose classified information lies with the judiciary rather than the executive branch stating that:

Israel detains Palestinian for Facebook posts

An Israeli court on Aug. 29 extended the detention of a Palestinian activist who was detained for political activities on Facebook for a week, a Ma'an News Agency reporter said. An Israeli court in Petah Tikva extended the detention of Suhaib Zahida, 31, until Sept. 4, after he was arrested on Aug. 28 for creating a page on Facebook called "Intifada of Hebron," in addition to leading a campaign for the boycott of Israeli products. Zahida had previously participated in several nonviolent campaigns opposing the Israeli occupation and was an active member of groups working to oppose the recruitment of Palestinian citizens of Israel to the Israeli military. Palestinians inside Israel have been previously detained for short periods of time and questioned regarding their political activities on Facebook, but such arrests rarely occur in the West Bank. In October, Israeli authorities arrested Palestinian citizen of Israel Razi al-Nabulsi, 23, for a week as a result of Facebook posts they argued constituted "incitement."

Ex-Gitmo detainee appeals conviction

Australian citizen David Hicks filed a motion (PDF) to dismiss his conviction in the US Court of Military Commission Review on Aug. 20 after pleading guilty in 2007 for war crimes that took place before 2001 in exchange for his release. Hicks was captured in Afghanistan shortly after Sept. 11, 2011, and brought to the detention facility in Guantánamo Bay the day that it opened. The Center for Constitutional Rights (CCR) and co-counsel Joseph Margulies filed a motion asking the military commission to vacate Hicks' conviction for "material support for terrorism," following the US Court of Appeals for the DC Circuit's 2012 decision in Hamdan v. United States (PDF), which held that material support for terrorism is not a war crime and, thus, is beyond the jurisdiction of military commissions. Hicks' original appeal in November was stayed pending the ruling in Al-Bahlul v. United States (PDF), which similarly held last month that material support is not a war crime and cannot be tried by military commission. Hicks was the first person to be convicted in a military commission. After his release from Guantánamo, Hicks returned to Australia under a one-year gag order that prohibited him from speaking to the media. As part of his plea, he was also prevented from taking legal action against the US and required to withdraw allegations that the US military abused him.

Guantánamo nurse refuses to force-feed detainees

A nurse at the Guantánamo detention center has refused to participate in the force-feeding of hunger-striking inmates, UK human rights group Reprieve reported July 15. Word of the unidentified nurse's refusal came via a phone call from detainee Abu Wael Dhiab to his lawyer at Reprieve and was confirmed to the Miami Herald by a Department of Defense (DoD) spokesperson, who declined to provide further details. According to Reprieve, this is the first instance of a conscientious objecting to the force-feeding of prisoners since a mass hunger strike began last year. As for the nurse, the DoD spokesperson said "the matter is now in the hands of the individual's leadership."

Convictions of ex-Qaeda media director overturned

The US Court of Appeals for the District of Columbia Circuit on July 14 overturned two out of three convictions of Ali Hamza Ahmad Suliman al-Bahlul, media secretary of Osama Bin Laden. The court vacated Bahlul's convictions for providing material support for terrorism and solicitation of others to commit war crimes but did not overturn his conviction for conspiracy to commit terrorism, remanding that issue to the Court of Military Commission Review (CMCR). A three-judge panel of the appeals court had ruled last year that the military tribunal that convicted Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court said the Military Commissions Act (MCA) of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. The en banc court disagreed, ruling "that the 2006 MCA is unambiguous in its intent to authorize retroactive prosecution for the crimes enumerated in the statute—regardless of their pre-existing law-of-war status." Nonetheless, the court vacated the other two convictions, concluding that trying Bahlul by military commission for providing material support was "a plain ex post facto violation," and that "solicitation of others to commit war crimes is plainly not an offense traditionally triable by military commission." The new ruling could result in a reduction of Bahlul's life sentence.

Gitmo detainees file motion for religious freedom

Lawyers for Guantánamo Bay detainees on July 2 filed an emergency application (PDF) in the US District Court for the District of Columbia  for a temporary restraining order prohibiting the government from depriving the inmates of the right to pray communally during the month of Ramadan. Lawyers for petitioner Imad Abdullah Hassan have already applied (PDF) for a preliminary injunction, now pending, that alleges that prohibiting the detainees from prayer violates the Religious Freedom Restoration Act (RFRA). The emergency application was filed following the US Supreme Court's recent decision in Burwell v. Hobby Lobby. Hassan argues that the decision in Hobby Lobby, which held that for-profit corporations can deny coverage of contraception costs because of their religious beliefs, overrules the district court's prior decision in Rasul v. Myers. In that case the court held that the Guantánamo Bay detainees are not protected "persons" within the meaning of the RFRA. Thus, the motion argues that "a nonresident alien Guantanamo Bay detainee, who inarguably has constitutional rights in what is de facto sovereign US territory...must also enjoy the protections extended by the RFRA."

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