The Trump administration has yet to repatriate Guantánamo detainee Ahmed Muhammed Haza al-Darbi to Saudi Arabia, effectively missing the Feb. 20 deadline established in his 2014 plea deal. Darbi pleaded guilty and admitted (PDF) to involvement in al-Qaeda operations including the 2002 attack on a French-flagged oil tanker near Yemen. In his pre-trial agreement (PDF), 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.
Journalist Dan Young speaks with CounterVortex editor Bill Weinberg in an interview for Northern California's KNYO. They discuss the prospects for resisting the global vortex of ecological collapse, totalitarianism and permanent war—and supporting indigenous and autonomy struggles, popular democracy, and peace initiatives. Weinberg traces his own political evolution through the Cold War endgame of the Reagan era, the Lower East Side squatter scene, the Zapatista rebellion in Chiapas, 9-11 and the "Global War on Terrorism," to the Arab Revolution, the Syrian war and the current dilemma. The discussion touches on the abysmal politics of the contemporary American left, the urgent need for international solidarity across Great Power "spheres of influence," the contradictions and challenges posed by digital technology, and the possibilities for a decent future for humanity on Planet Earth.
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.
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 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 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:
More than 850 family members of victims of the 9-11 attacks filed a lawsuit (PDF) March 20 against the Kingdom of Saudi Arabia, alleging that the Saudi state provided support to al-Qaeda in multiple ways. First, it alleges that Saudi Arabian charities ran terrorist training camps in Afghanistan, working hand-in-hand with Osama bin Laden. The suit also claims that the Saudi government directly aided al-Qaeda by providing passports and transportation across the globe. Finally, the suit contends that certain Saudi officials worked with the hijackers in the US for the 18 months leading up to the attacks. The suit seeks unspecified damages, with the primary motive to hold Saudi Arabia accountable for the attacks.
Ahead of the 15th anniversary of the first detainees arriving at Guantánamo Bay Jan. 11, Amnesty International issued a "final plea" to President Obama to close the facility. The open letter (PDF) especially warned that the fate of the remaining detainees must not be left in the hands of the incoming Donald Trump. There are 55 people still held at Guantánamo, 45 of them detained without charge or trial. The 10 others have faced or are facing military commission proceedings that "fail to meet international fair trial standards." Six are currently facing the possibility of the death penalty after such unlawful trials. While the Obama administration has blamed the US Congress for blocking the closure of Guantánamo, Amnesty asserted that under international law domestic legislation or politics are not legitimate excuses for a country's failure to meet its treaty obligations.