Catholic prosecutor quits Gitmo

For Lt Col Darrel Vandeveld, a devout Catholic, the twin responsibilities of religious faith and military duty led to a profound moral crisis.

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In 2007, he became a prosecutor for the military commissions which tried terrorist suspects held at Guantanamo Bay, a role he took enthusiastically.

"I went down there on a mission and my mission was to convict as many of these detainees as possible and put them in prison for as long as I possibly could," he told the BBC.

"I had zero doubts. I was a true believer."

But his zeal did not last long.

When he arrived, he says he found the prosecutor's office in chaos, with boxes scattered around the floor, files disorganised, evidence scattered in different places and no clear chain of command.

And more seriously, he soon discovered that defence lawyers were not receiving information which could help clear their clients, including evidence that suspects had been "mistreated" in order to secure confessions.
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A devout Catholic, Col Vandeveld found himself deeply troubled by what he discovered. But the classified nature of his work meant he was unable to share his growing doubts with friends and family.

A Jesuit priest tells how Darrel Vandeveld contacted him for advice before quitting. As a result, he took the unusual step of emailing a Jesuit priest called Father John Dear, who is a well known peace activist.

In his email, Col Vandeveld talked of having "grave misgivings".

Father Dear was initially unsure if the email was serious and fashioned a quick reply.
"I sort of didn't believe it. But on the off chance he was a military prosecutor I wrote back and said 'quit'."

Col Vandeveld says his jaw dropped when he read the email, adding: "I lived in dread of that answer."

But eventually he did resign and has chosen to speak out about what he saw, giving the BBC his first interview.

Continue here

Kind of Awesome Habeas News

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.

The Court stressed that it was not ruling that the detainees are entitled to be released — that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that “we do not address whether the President has authority to detain” individuals during the war on terrorism, and hold them at the U.S. Naval base in Cuba; that, too, it said, is to be considered first by the District judges.

The Court also declared that detainees do not have to go through the special civilian court review process that Congress created in 2005, since that is not an adequate substitute for habeas rights. The Court refused to interpret the Detainee Treatment Act — as the Bush Administration had suggested — to include enough legal protection to make it an adequate replacement for habeas. Congress, it concluded, unconstitutionally suspended the writ in enacting that Act.

The Court also found serious defects in the process that the Pentagon set up in 2004 to decide which prisoners are to be designated as “enemy combatants” — the status that leads to their continued confinement. This process is the system of so-called Combatant Status Review Tribunals. The procedures used by CSRTs, the Court said, “fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review.”

Justice Anthony M. Kennedy’s opinion for the majority in Boumediene v. Bush (06-1195) and Al Odah v. U.S. (06-1196) was an almost rhapsodic review of the history of the Great Writ. The Suspension Clause, he wrote, “protects the rights of the detained by a means consistent with the essential design of the Constitution. It ensures that, except during periods of formal suspension, the Judiciary will have a time-tested device, the writ, to maintain the ‘delicate balance of governance’ that is itself the surest safeguard of liberty.” Those who wrote the Constitution, he added, “deemed the writ to be an essential mechanism in the separation-of-powers scheme.”

Even though the two political branches — the President and Congress — had agreed to take away the detainees’ habeas rights, Kennedy said those branches do not have “the power to switch the Constitution on or off at will.”

Read on: SCOTUS

Greetings from Guantanamo Bay

Welcome to "Taliban Towers" at Guantanamo Bay, the most ghoulishly distasteful tourist destination on the planet.

As these astonishing mementoes show, the US authorities are promoting the world's most notorious prison camp as a cheap hideaway for American sunseekers – a revelation that has drawn international anger and condemnation.

Just yards from the shelves of specially branded mugs and cuddly toys, nearly 300 "enemy combatants" lie sweltering in a waking nightmare.

It is six years since foreign prisoners, many captured in Afghanistan, were first taken to this US-occupied corner of Cuba. Yet even now, no charges have been brought against them.

While the detainees lie incarcerated, visitors can windsurf, take boat trips and go fishing for grouper, tuna, red snapper and swordfish.

The United States' 1.5million service personnel and Guantanamo's 3,000 construction workers are eligible to visit the "resort", which boasts a McDonald's, KFC and a bowling alley.

They even have a Wal-Mart supermarket.

The vacation comes at a knock-down price: just $42 (£20) per night for a suite of air-conditioned rooms, including a kitchen, bathroom, living room and bedrooms.

But it is the souvenirs that have led to the greatest criticism. One T-shirt from the gift shop is decorated with a guard tower and barbed wire. It reads: "The Taliban Towers at Guantanamo Bay, the Caribbean's Newest 5-star Resort."

Another praises "the proud protectors of freedom". A third displays a garish picture of an iguana and states: "Greetings from paradise GTMO resort and spa fun in the Cuban sun."

A child-sized shirt says: "Someone who loves me got me this T-shirt in Guantanamo Bay, Cuba."

There are mugs inscribed with "kisses from Guantanamo" and "Honor Bound To Defend Freedom".

The Guantanamo holiday trade was exposed by Zachary Katznelson, a British-based human rights lawyer and spokesman for Reprieve, the group leading the international campaign against the camp.

"When I see the conditions the prisoners have to cope with and then think of the T-shirt slogans, I am appalled," he said. "To say I am repulsed is an understatement. Unbelievable as it may seem, the US authorities are proud of the 'souvenirs' and what they are doing."

Mr Katznelson represents 28 of the detainees and makes regular visits to the prison.

"The military keeps a tight hold on everything that is available in Guantanamo Bay and someone senior has given their approval for this disgusting nonsense," he said.

Full Story: Daily Mail

Soldier at Guantanamo...



The following are some excerpts from the recent New York Times article about Lt. Cmdr. Mathew Diaz who defied his military superiors to give a voice to those detained at Guantanamo Bay. It's uplifting to know that there are people on the inside who are willing to break the rules to stand up for human rights.

“Well into the night of Sunday, Jan. 2, 2005, lt. Cmdr. Matthew Diaz sat alone at his desk in the headquarters of the American detention center at Guantánamo Bay, Cuba, consumed with a new project.”

“But the task that absorbed Diaz that night in January was taking him down a different path. Sitting at a secure desktop computer, he printed out page after page of classified information, pulling each batch from the printer in case anyone wandered by. When he was done, Diaz had assembled a document 39 pages long. In tiny type, it listed names, prison serial numbers and other information for each of the 551 men who were then being held by the United States at Guantanamo Bay.”

“Now, Diaz knew he was crossing a line. For nearly two weeks after printing the list, he kept it locked inside the safe in his office. On another late night, he carefully trimmed the pages down to the size of large index cards. Then, on Jan. 14, the last night of his tour, he went back to the office one more time. While his colleagues were getting ready for his farewell dinner, he slipped the stack of paper inside a Valentine’s Day card he had bought at the base exchange. It was an odd touch. The card showed a cartoon puppy with long ears and bubble eyes and the greeting, “Hope Valentine’s Day is just your style.” Diaz would later say that he chose it because it was big enough to hold the list. He also hoped the lipstick-red envelope might pass unscrutinized through the Guantánamo post office.”

“It hardly occurred to the lawyers that someone inside the detention-camp headquarters might be trying to help them, Olshansky told me not long ago. For all the public debate about Guantánamo, there was little sign that members of the military were defying their superiors. Uniformed lawyers who had been assigned to defend some of the prisoners before military commissions had begun criticizing the rules for those tribunals, but that dissent was explicitly tolerated by the Pentagon. Some Muslim servicemen at Guantanamo, including an Army chaplain, Capt. James Yee, had been investigated on suspicion of disloyal conduct. But that episode and the others seemed to suggest more about the high-security atmosphere of the camp than it did about any internal opposition to how the prisoners were treated. The valentine was different: no one had taken the law into his own hands quite like this.”

“As he lay in bed at night, Diaz said, he thought about the risk he would be taking if he went ahead. Over the previous year, the military had prosecuted or disciplined several servicemen for taking classified materials off the island. Security had been tightened. The Guantánamo counterintelligence officer slept in the next bedroom of the town house Diaz shared with several midlevel officers. The career for which he had worked so hard would be on the line. He was within striking distance of a promotion to commander, or of retiring with an officer’s pension.”

“On May 18 this year, after a weeklong trial, a panel of seven naval officers convicted Diaz on four of five counts, including one of disclosing secret defense information that “could be used to the injury of the United States or to the advantage of a foreign nation.” By then, nearly two and a half years after Diaz had left Guantánamo, the politics of detention policy had shifted. The detainees’ names had been released under the Freedom of Information Act. The Supreme Court had ruled against the administration once more, upholding the minimum standards of the Geneva Conventions and derailing the military commissions. The president declared that he would like to close Guantánamo as soon as possible.”

Read on here: http://www.nytimes.com/2007/10/21/magazine/21Diaz-t.html?_r=1&oref=slogin

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"Cup Poems" from Gitmo: The Detainees Speak

Humiliated In The Shackles
By Sami al Hajj*

When I heard pigeons cooing in the trees,
Hot tears covered my face.
When the lark chirped, my thoughts composed
A message for my son.
Mohammad, I am afflicted.
In my despair, I have no one but Allah for comfort.

The oppressors are playing with me,
As they move freely around the world.
They ask me to spy on my countrymen,
Claiming it would be a good deed.
They offer me money and land,
And freedom to go where I please.

Their temptations seize
My attention like lightning in the sky.
But their gift is an empty snake,
Carrying hypocrisy in its mouth like venom,

They have monuments to liberty
And freedom of opinion, which is well and good.
But I explained to them that
Architecture is not justice.

America, you ride on the backs of orphans,
And terrorize them daily.
Bush, beware.
The world recognizes an arrogant liar.
To Allah I direct my grievance and my tears.
I am homesick and oppressed.
Mohammad, do not forget me.
Support the cause of your father, a God-fearing man.

I was humiliated in the shackles.
How can I now compose verses? How can I now write?
After the shackles and the nights and the suffering and the tears,
How can I write poetry?

My soul is like a roiling sea, stirred by anguish,
Violent with passion.
I am a captive, but the crimes are my captors'.
I am overwhelmed with apprehension.

Lord, unite me with my son Mohammad.
Lord, grant success to the righteous.

* "An Al-Jazeera cameraman, Sami al Hajj, a Sudanese, was visiting his brother in Damascus after the 11 September attacks when he got a call asking him to go to Pakistan to cover the impending war in Afghanistan. Instead, he ended up in Guantanamo where he claims he has been severely and regularly beaten, scarring his face."



Full story here

Guantanamo Bay

Guantanamo Lawyers Predict More Suicides
By DAVID McFADDEN, Associated Press

Lawyers envision more suicides and despair at Guantanamo Bay if the U.S. Justice Department succeeds in severely restricting access to detainees by defense attorneys, virtually the only contact inmates have with the outside world.

The Justice Department has asked the U.S. Court of Appeals for the District of Columbia Circuit to limit the number of lawyer visits allowed to three after an initial face-to-face meeting, to tighten censorship of mail from attorneys and to give the military more control over what they can discuss with detainees. Lawyers for detainees believe that if their visits are limited, detainee desperation will deepen and more will try to kill themselves. On June 10, 2006, two Saudi detainees and one Yemeni hanged themselves with sheets, the first and only suicides since the 2002 opening of the detention center that now holds about 380 inmates.

"Visits by lawyers are one of the few bright spot these men have," attorney Zachary Katznelson told The Associated Press from Guantanamo, where he is spending two weeks to meet with 18 client detainees. Clive Stafford Smith, an attorney for several Guantanamo detainees, said curtailing lawyer visits would likely lead more prisoners to attempt suicide.

"The level of depression is soaring, I am afraid," he said over the weekend.

Many detainees are kept in isolation in small cells with no natural light. With no prison sentence having been pronounced — except for one Australian detainee — the detainees do not know when they will get out, if ever. Many have been there for more than five years. Attorney Stephen Oleskey, who represents six Algerians, said more suicides are "a real risk" if the court restricts lawyer-client contacts.

"I've seen firsthand the mental conditions of my clients deteriorate in isolation," Oleskey said from Boston. "And I think the impact of further restrictions would be dramatic."

Meanwhile, Katznelson sees the move to restrict attorney access as an attempt to seal the facility from critics.

"If we cannot come in, the only news getting out of here will be the government's carefully crafted version," Katznelson said in an e-mail Saturday.

It is the attorneys, arriving at the base in southeast Cuba aboard military planes or tiny commuter flights, who provide the world with information about hunger strikes, solitary confinement and other details about the detainees. Journalists can visit but are barred by the military from interviewing detainees. The Red Cross, which occasionally visits, keeps its findings confidential. But military commanders at Guantanamo and the Justice Department view the lawyers with suspicion. Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman, told the AP the military has been giving broad lawyer access to many detainees — even though they are accused of having al-Qaida or Taliban links and the United States is still at war.

The mail system was "misused" to inform detainees about military operations in Iraq, activities of terrorist leaders, efforts in the war on terror, the Hezbollah attack on Israel and abuse at Abu Ghraib prison, the Justice Department said in this month's court filing. Barry M. Kamin, president of the New York City Bar, called the assertions "astonishing and disingenuous" in a letter to U.S. Attorney General Alberto Gonzales. Lawyers for detainees also dismissed the claims, calling them a pretext to deprive detainees of proper legal representation.

"There have been a lot of extreme statements made," said Oleskey, referring to U.S. government criticism of legal defense efforts. "I think it's unfortunate and it should stop."