Illegal Detentions and Guantanamo

Since 2001, the government has illegally detained thousands of people, the most recognized example being the men at Guantánamo. CCR has fought for the right to due process, filing countless cases on behalf of detainees and others swept up in the so-called War on Terror. CCR has challenged immigration sweeps, ghost detentions, extraordinary rendition and every other illegal program the government has devised to lock people up and throw away the key. CCR believes we all become less safe and less free when we trample the rights of others.

The Center for Constitutional Rights brought the first Guantánamo case to court more than five years ago. On December 5, 2007, CCR again represented Guantánamo detainees before the Supreme Court to demand their right to know why they are being held.



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Is US looking to retool detention policy?

WASHINGTON – More than four years after launching its wide-ranging war on terror, the US is still struggling with the issue of how to handle the conflict's prisoners.
Detaining captives without trial, as the US is doing at Guantánamo Bay, Cuba, results in continuing, bitter, international criticism. Yet trying them is fraught with difficulty, as lengthy proceedings against admitted Al Qaeda member Zacarias Moussaoui have shown.
The administration's defenders say that dealing with an amorphous foe demands an ill-defined detention policy, and that there aren't any serious alternatives. Critics say that may not be the case - and that the issue is blackening the nation's name overseas.

"In a general way, the world just sees the US as this powerful entity intent on stepping on other people's rights for the sake of its own security," says Thomas Carothers, director of the democracy and rule of law project at the Carnegie Endowment for International Peace.
Last weekend, reports in the British press indicated that US officials have asked the British government for advice concerning methods of closing the Guantánamo camp and repatriating its detainees.
London has launched controversial attempts to return terror suspects to home countries in North Africa and the Middle East. Lebanon, Jordan, and Libya have signed pacts promising that they will not abuse these returnees.
Publicly, US officials say that there are no immediate plans to close the Guantánamo installation, but that the US obviously will continue to weigh what to do with its approximately 500 inmates, for the long term.
"Hopefully, over the years, we will find a way to either release them to their country of origin or they will declare that they no longer want to kill us," Deputy Assistant Secretary of State Colleen Graffy said in a broadcast interview on Sunday.
In recent months the Guantánamo prison has attracted an increasing amount of international attention - unwelcome attention, in the White House's view.

Release of voluminous data about the detainees to the Associated Press, per a Freedom of Information Act request, has made some Guantánamo detainees seem like hapless victims - though others indeed have come across as committed terrorists. And a UN Commission on Human Rights report issued last month alleged that torture occurs at Guantánamo, and said that the camp should be closed without delay.
However, UN officials involved in this report never actually visited Guantánamo, notes Nile Gardiner, a security policy fellow at the Heritage Foundation.
Guantánamo's long-term future should be decided by US security needs, says Gardiner.
"At present there are no serious alternatives being proposed," he says. "It remains the best option in a highly complex global war."
Meanwhile, the sentencing trial of Mr. Zacarias Moussaoui, the only man charged in the US in connection with the Sept. 11 attacks, remained on hold as of publication time.
US District Judge Leonie M. Brinkema halted the trial on Monday, and threatened to remove the death penalty as a possible sentence, following the disclosure that a government lawyer had improperly shared testimony with witnesses.
Moussaoui has admitted being a member of Al Qaeda, and being a part of a conspiracy aimed at flying airplanes into US buildings. But he has said his role was to be in a follow-on attack, and that he had no part in Sept. 11.
His legal proceedings have dragged on for years, in part due to his own behavior. Analysts said the latest glitch seemed an inexcusable error on the part of the government lawyer, veteran Federal Aviation Administration attorney Carla Martin.

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US drops charges against USS Cole bomber

A Pentagon judge withdrew charges on Friday against a Yemeni detainee at the Guantanamo Bay detention camp accused of taking part in the deadly October 2000 attack on the USS Cole in Yemen.
Retired Judge Susan Crawford, the convening authority of military commissions, "has withdrawn the charges" against Abd al-Rahim al-Nashiri, Pentagon spokesman Geoff Morrell said.

However Crawford "has withdrawn the charges without prejudice, meaning he can be charged again," said Jeffrey Gordon, another Pentagon spokesman.
Crawford's procedural move brings the case against Nashiri to a halt, at least temporarily, and falls in line with President Barack Obama's executive order shortly after taking office calling for a 120-day delay in proceedings against terror suspects at Guantanamo.

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Holder 'impressed' with Gitmo, but still committed to closure

WASHINGTON (CNN) -- Attorney General Eric Holder, just back from his first trip to Guantanamo Bay, Cuba, said Wednesday he is still determined to carry out President Barack Obama's order to close the prison, but admitted he was "impressed by the people," and said "the facilities are good ones."
Holder's positive assessment of "professionalism" at the prison was in distinct contrast to claims by many critics who charge Guantanamo Bay stands as a world-wide symbol of the alleged U.S. mistreatment of enemy combatants.

"I did not witness any mistreatment of prisoners. I think to the contrary I saw a conscious attempt by those guards to conduct themselves in an appropriate way," Holder told reporters.
Holder has been named by Obama to oversee the process that will decide what to do with the 245 detainees held at the prison.

Obama's executive order allows only one year for the prison to be closed.
"This will not be an easy process," Holder said. "It's one we will do in a way that ensures that people are treated fairly and that the American people are kept safe."
Holder predicted it will take most of the coming year for his staff of lawyers and experts to comb the files of the detainees and then decide whether they should be released, sent to other countries, placed in military courts, or moved to civilian criminal courts in the United States.
The attorney general spoke of his visit as members of Congress expressed a range of views on what to do with the detainees, and whether the president should re-consider his order closing Guantanamo Bay.

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Guantanamo chief cleared over prisoner abuse

A US military investigation has decided that no rules were broken when a detainee at the Guantanamo Bay prison camp was dressed up in women's underwear, tied on a lead and forced to perform "dog tricks".

The inquiry found that a pair of thong underpants was placed over the prisoner's head, he was subjected to unnecessary strip searches and made to dance with a male guard. He was told that he was a homosexual and his mother and sisters were prostitutes. In addition, he was kept in solitary confinement for 160 days and was interrogated for up to 20 hours a day.
However, while "abusive and degrading", the humiliation of Mohamed al-Qahtani, a Saudi national dubbed the "20th hijacker" in the September 11 attack, did not amount to torture, according to the report put before a committee of the Senate which cleared the camp's commanding officer of any failure in his duty.
Mr al-Qahtani is one of a series of prisoners at the controversial camp in Cuba whose treatment was reviewed by a panel investigating concerns passed to the Pentagon by FBI agents about the treatment of inmates.
Investigators found three cases where 'mid-ranking' interrogators had exceeded their authority according to an abbreviated, unclassified version of the report which has been made public today.
These included a Navy lieutenant commander who threatened to have a detainee’s family killed, the treatment of two prisoners who were shackled to the floor in a foetal position and reports that duct tape was used to bind the mouth of a detainee chanting verses of the Koran.
But in many cases, the investigating panel found that the tactics had been authorised and, although questionable, did not qualify as torture.

These included complaints that a female guard rubbed herself against a prisoner's back and another detainee was smeared with a substance which he was told was menstrual blood.
In a conclusion which supports previous statements from the White House, but which has inflamed the anger of human rights campaigners, the panel led by Lieutenant General Randall Schmidt found that there had been no cases of inhumane treatment or torture.
Mr Schmidt, presenting the report, explained: "Mr al-Qahtani admitted to being the 20th hijacker and he expected to fly on United Airlines flight 93 [which crashed in Pennsylvania]. He proved to have intimate knowledge of future plans.
"As the bottom line, though, we found no torture. Detention and interrogation operations were safe, secure and humane," he told the Senate Armed Services Committee.
The military investigators' report recommended punishment for the commanding officer of the Guantanamo Bay jail at the time, Army Major General Geoffrey Miller, but that suggestion was overturned by General Bantz Craddock, head of the U.S. Southern Command. Major General Miller was later put in charge of Abu Ghraib prison in Iraq, after the widely-reported abuse incidents there.

"My reason for disapproving that recommendation is that the interrogation of [Qahtani] did not result in any violation of a U.S. law or policy," General Craddock testified.
"And the degree of supervision provided by Major General Miller does not warrant admonishment under the circumstances."
The Geneva Conventions prohibit sexually degrading tactics but the Bush administration has said the Geneva Conventions do not apply to the Guantanamo detainees, saying that they are suspected terrorists rather than prisoners of war.
Republican senator John McCain, who was taken prisoner and abused during the Vietnam war, responded: "They may be al-Qaeda, they may be Taliban, they may be the worst people in the world, and I'm sure some of them are. But there are certain rules and international agreements the United States has agreed to, and that we will observe.



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