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.
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 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)
The Arab Organisation for Human Rights in the UK (AOHR-UK) on Nov. 28 called for the International Criminal Court (ICC) to investigate allegations of war crimes in Yemen by the United Arab Emirates (UAE), especially concerning the recruiting of foreign nationals to serve in an army of mercenaries. AOHR-UK sent letters to the governments of Australia, Chile, El Salvador, Colombia and Panama, all countries where the recruitment has taken place, asking that they "withdraw their citizens from these dangerous formations and take measures against the UAE in accordance with the International Convention Against the Recruitment, Use, Financing, and Training of Mercenaries of 1989." (See text of Convention.)
International Criminal Court (ICC) chief prosecutor Fatou Bensouda made a formal request (PDF) on Nov. 20 to investigate alleged war crimes and crimes against humanity committed by the US military and the CIA. The proposed investigation focuses on alleged crimes committed in Afghanistan by the US military in May 2003, in addition to crimes at secret CIA detention facilities in Poland, Romania and Lithuania since July 2002. The allegations are brought under articles 7 and 8 of the Rome Statute and include murder, unlawful imprisonment, torture and cruel treatment, outrages upon personal dignity, rape and sexual violence, and using, conscripting or enlisting children under the age of 15 years.
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.
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:
The US Supreme Court ruled (PDF) 4-2 on June 19 in Ziglar v. Abbasi that Muslim men detained in the aftermath of the 9-11 attacks cannot sue top US officials. The three consolidated cases center on the arrest and detention of men illegally present in the US at the time of 2001 terror attacks. The men claimed that former US attorney general John Ashcroft, former FBI director Robert Mueller and a former Immigration & Naturalization Services commissioner confined them despite knowing they had no ties to terrorism. In an opinion by Justice Anthony Kennedy, the court noted that the men were mistreated: