Watching the Shadows
Pentagon

US Defense Secretary overturns 9-11 plea deal

US Defense Secretary Lloyd Austin rejected a controversial plea deal that would have prevented three accused 9-11 terror attack planners from facing the death penalty. The move came after a letter to the families of 9-11 victims revealed that accused co-conspirators Khalid Shaikh Mohammed, Walid Bin ‘Attash and Mustafa al Hawsawi had pled guilty to orchestrating the attacks that claimed nearly 3,000 lives on Sept. 11, 2001. The American Civil Liberties Union (ACLU), which was representing Mohammed and others facing the death penalty for the 9-11 attacks, had lauded the initial plea agreement, stating it was the “right call” and the “only practical solution” after nearly 20 years of pre-trial litigation. But the deal immediately provoked controversy, spurring US lawmakers to demand answers from the White House, which denied any involvement in the negotiations. (Photo: Pixabay via Jurist)

Watching the Shadows
guantanamo

UN documents torture of Gitmo detainee

The UN Working Group on Arbitrary Detention released a report finding that Afghanistan, Lithuania, Morocco, Poland, Romania, Thailand, United Arab Emirates and the US all participated in human rights violations against Abd al-Rahim Hussein al-Nashiri, the man accused of involvement in the bombing of the USS Cole in 2000. Al-Nashiri is currently held at Guantanamo Bay, though he is said to have been previously detained in the territories of each of these countries. The report contains graphic descriptions of “enhanced interrogation techniques” used by the US Central Intelligence Agency, including prolonged forced nudity, sleep deprivation, physical beatings, waterboarding, prolonged forced standing while chained, restrictive confinement in a small box, exposure to cold temperatures, and forced rectal feeding after prolonged food deprivation. (Photo: Pixabay via Jurist)

Watching the Shadows
Guantanamo

Afghan detainee released from Guantánamo

The US Department of Defense announced the release of Asadullah Haroon Gul, an Afghan national, who had been held for 15 years without charge at the Guantánamo Bay detention camp. Gul was incarcerated at Guantánamo in 2007 on accusations of being a member of al-Qaeda and Hezb-e-Islami (HIA), an insurgent group that fought against the US in Afghanistan. HIA signed a peace agreement with the US-backed Afghan government in 2016. Human rights organization Reprieve subsequently filed a habeas corpus petition demanding Gul’s release. (Photo: Gino Reyes/Wikimedia Commons)

Watching the Shadows
Gitmo

UN experts condemn Gitmo on grim anniversary

A group of United Nations experts have condemned the US Guantánamo Bay detention facility in Cuba, calling it a site of “unparalleled notoriety.” The statement came on the twentieth anniversary of the arrival of the first terrorism suspects at Guantánamo. The independent experts, appointed by the UN Human Rights Council, said: “Twenty years of practicing arbitrary detention without trial [and] accompanied by torture or ill treatment is simply unacceptable for any government, particularly a government which has a stated claim to protecting human rights.” In the 20 years the detention center has been operating, a total of 780 prisoners have been held there, with 39 detainees remaining today. Of those, only nine have been charged or convicted. (Photo via Jurist)

Afghanistan
afghanistan

Pakistan backing Taliban takeover in Afghanistan?

The Taliban announced that they have taken the Panjshir Valley from the incipient National Resistance Front of Afghanistan (NRFA). In an audio statement from an undisclosed location, NRFA leader Ahamd Masoud pledged to carry on the fight, and called upon Afghans to launch a national uprising against the Taliban. Another NRFA leader, Fahmi Dashti, was reported killed in the battle for the Valley. News sources in India claimed he met his death in a targeted drone strike launched by Pakistan. (Map: Perry-Castañeda Library)

Afghanistan
kabul protest

Afghanistan: Taliban unleash first terror

As the Taliban, now in full control of Kabul, pledge an “inclusive” Afghan government in prepared press statements, deadly repression against anti-Taliban protesters is reported from the eastern city of Jalalabad. The day before Afghanistan’s independence day, protesters took to the streets of Jalalabad waving the black, red and green national flag—and tearing down the white and black Tawhid flag of the Taliban. Witnesses said Taliban fighters fired on protesters indiscriminately, and at least three were killed. On the day that Afghanistan won full independence from Britain in 1919, a similar protest was held in Khost, where social media videos again show Taliban fighters firing on demonstrators. No casualties were reported, but the city has been placed under a 24-hour curfew. A small demonstration by women demanding that their rights be respected was held  outside a police precinct in Kabul. “We want the rights we’ve had for the past 20 years,” signs read.  (Photo via Twitter)

Watching the Shadows
Gitmo

Gitmo ‘forever prisoner’ petitions United Nations

Guantánamo Bay detainee Abu Zubaydah, who has been held for 19 years without charges or a trial, filed a complaint with the UN Working Group on Arbitrary Detentions (UNWGAD) requesting intervention in his case. Zubaydah was captured in Pakistan after the September 11 attacks and was held and tortured by the CIA in various top-secret “black sites.” The CIA originally believed that Zubaydah was a close associate of al-Qaeda, but after four years of interrogation, they concluded that he was not linked to the group. He was then moved to Guantánamo in 2006. The US government has justified Zubaydah’s continued detention by asserting its broad authority under the Authorization for Use of Military Force (AUMF). Under the AUMF, passed after 9-11, detainees can be held until the “cessation of hostile activities,” But Zubaydah asserts in his complaint that this “law of war” rationale is in conflict with international human rights laws. (Photo: Wikimedia)

Watching the Shadows
Gitmo

Biden launches review of Gitmo prison camp

The Biden administration launched a review of the US military prison in Guantánamo Bay, Cuba, to determine the facility’s fate over the next four years. White House spokespersons told reporters that the administration is considering an executive action to close the prison camp by the end of Biden’s term. When asked whether the administration would close the prison within that timeframe, a White House spokesperson replied, “That certainly is our goal and our intention.” A National Security Council spokesperson reaffirmed this goal, saying, “We are undertaking an NSC process to assess the current state of play that the Biden administration has inherited from the previous administration, in line with our broader goal of closing Guantánamo.” (Photo via Jurist)

Watching the Shadows
Gitmo

SCOTUS lets stand Guantánamo detention

The Supreme Court denied certiorari in the case of Moath Hamza Ahmed al-Alwi, a Yemeni who has been held as an “enemy combatant” at Guantánamo since 2002. Al-Alwi was captured in Pakistan in late 2001, and the government concluded that he had fought in Afghanistan as part of a Qaeda-commanded unit. Al-Alwi denied this unsuccessfully during his original round of habeas corpus proceedings, and in 2015 initiated a new habeas case arguing that the nature of US involvement in Afghanistan had changed such that the use of military detention is no longer justified under the 2001 Authorization for Use of Military Force (AUMF). The US Court of Appeals for the DC Circuit disagreed, and the Supreme Court has now declined to review the appellate court’s conclusion. (Photo via Jurist)

Watching the Shadows
Gitmo

Amnesty: Gitmo prison ‘stain on human rights’

Amnesty International called the Guantánamo Bay prison camp a "stain on human rights" on the eve of the facility's seventeenth anniversary. Guantánamo currently holds 40 detainees, many of whom were tortured by the CIA before being transferred to the facility. Some of the detainees have been cleared for transfer for years, but still remain at the facility. Some have been waiting for transfer as far back as 2010. Since its opening, the Guantánamo facility has housed around 800 prisoners, many without formal charges or due process. (Photo via Jurist)

Watching the Shadows

Lithuania, Romania guilty in CIA torture case

The European Court of Human Rights found that Lithuania and Romania had violated articles of the European Convention on Human Rights by allowing secret CIA prisons to operate on their territory. Lithuania had allowed the CIA to open a "black site" on its territory, where the CIA subjected the applicant, Zayn al-Abidin Muhammad Husayn AKA Abu Zubaydah, to "ill-treatment and arbitrary detention." Lithuania must pay Husayn 130,000 euros ($150,000). The applicant in the Romania case, Abd al-Rahim Husseyn Muhammad al-Nashiri, was transported to a "black site" on that country's territory territory, and faced capital charges in the US. The court apprehended Romania for transferring al-Nashiri to the US when it was likely he would face the death penalty. Romania must pay the applicant 100,000 euros ($115,000). Both men remain interned at Guantánamo Bay. (Photo: WikimediaCommons)

Watching the Shadows

US misses transfer deadline for Gitmo detainee

The Trump administration has yet to repatriate Guantánamo detainee Ahmed Muhammed Haza al-Darbi to Saudi Arabia, effectively missing the deadline established in his 2014 plea deal. Darbi pleaded guilty and admitted to involvement in al-Qaeda operations including the 2002 attack on a a French-flagged oil tanker near Yemen. In his pre-trial agreement, it was determined that, contingent on his cooperation, he would be sent back to Saudi Arabia to serve the duration of his sentence. Feb. 20 marked four years from the close of the deal and Darbi was not repatriated to Saudi Arabia. (Photo: Wikimedia Commons)