WASHINGTON — Innocent bystanders locked up for no reason, Al-Qaeda militants released to commit new atrocities: WikiLeaks has poured light on the "original sin" of Guantanamo, activists and experts say.
Documents released by the whistleblowing website show a system riddled with errors and botched assessments that have helped lead floundering efforts to shutter the facility on the southern tip of Cuba into a legal quagmire.
"These documents are remarkable because they show just how questionable the government's basis has been for detaining hundreds of people, in some cases indefinitely, at Guantanamo," the American Civil Liberties Union (ACLU) said.
"The one-sided assessments are rife with uncorroborated evidence, information obtained through torture, speculation, errors and allegations that have been proven false," the rights group said.
"The documents are the fruit of the original sin by which the rule of law was scrapped when Guantanamo detainees were first rounded up."
For military justice expert Eugene Fidell, the documents prove not only that the detentions were unjust but also that they were ineffective militarily.
"What becomes clear is the amateur quality of the interrogations and the chaotic nature of the work that was done during interrogations," he told AFP.
"They would have been a lot better off had they done what the Geneva conventions require in case of doubt, which is hold an inquiry, hold a so-called competent tribunal on or near the battlefield."
David Glazier, from the Loyola School of Law in Chicago, said the WikiLeaks files showed the need to catalogue relevant data at the time of capture and have adequate screening processes in place.
But, he added: "What it says ultimately is that there is no way to assess properly the dangerousness of anybody you randomly captured on the battlefield."
For the 172 inmates who remain at Guantanamo, "the damage is done," Fidell said. "(Officials) are doing the only things they can do, they are taking a very hard look at the people who are left."
In one of his first acts upon taking office in January 2009, President Barack Obama promised to shutter the facility within a year, saying it epitomized all that was wrong with his predecessor's "war on terror."
Determined to right the wrongs of president George W. Bush's administration, he set up a working group to review the files of the 240 inmates still being held.
The Center for Constitutional Rights, a legal advocacy group, is calling on the Obama administration to publish its own findings, revealing who has been designated for trial, who will be released, and who will be held indefinitely.
"Without names and details of cases where the administration claims it needs to detain individuals without charges or trial, it will continue to be impossible to have any meaningful public debate about the wisdom of such a policy," it said.
The ACLU struck a similar tone, saying: "It's not too late to change course.
"We need more legal process, not less, to make sure we're holding the right people. The cases of the remaining Guantanamo detainees cry out for independent judicial review," it said.
Benjamin Wittes, of the Brookings Institution in Washington, suggested building and adhering to systems of justice that "reflect an appreciation of the uncertainty inherent in this sort of exercise.
"We need to accept that we will detain people whose detentions we will come to regret, and we will release people whose releases we will come to regret. We should not pretend when either happens that certainty was possible."
The Obama administration has been back-pedaling on Guantanamo pretty hard recently, although it insists it would still like to close the facility as soon as possible.
Many remaining inmates are of Yemeni descent and there is an obvious reluctance to return even those considered "low-risk" to such a hotbed of Al-Qaeda militancy when the country is in the throes of a popular uprising.
Congress blocked the president from bringing accused terrorists to trial in federal courts in the United States, citing security concerns, so his attorney general reluctantly agreed to proceed with military tribunals at Guantanamo.
Legal questions on water-boarding and confessions allegedly extracted through torture abound.
The trials of September 11 mastermind Khalid Sheikh Mohammed and several alleged accomplices are likely to drag on for many years, extending the life of Guantanamo well beyond Obama's White House tenure.
Copyright © 2011 AFP. All rights reserved. More »
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Secret US files on Mamdouh Habib and David Hicks released by WikiLeaks
- From: The Australian
- April 25, 2011
FORMER Guantanamo Bay detainee Mamdouh Habib told Egyptian interrogators under "extreme duress" he planned to hijack a Qantas plane and had prior knowledge of the September 11 attacks on the United States, according to newly-released WikiLeaks files.
The documents also allege fellow Australian Guantanamo detainee David Hicks was approached to become a martyr by al-Qa'ida's number three in charge of military operations, but refused the invitation.
Mr Habib's Guantanamo prisoner file appears to confirm he was tortured by Egyptian authorities in 2001, making a raft of “admissions” which he later recanted.
In its latest high-profile information release, WikiLeaks has begun releasing 779 secret files from the United States' notorious Guantanamo Bay prison camp.
The 2004 files classified both Mr Habib and Mr Hicks as “high risk” detainees, with Mr Habib's file alleging “violent behaviour” by him towards US guards.
Mr Hicks' file describes him as a “compliant” but “deceptive”. He was held in “high regard” by other detainees, including senior al-Qa'ida operatives.
“The detainee is highly-trained, experienced and combat-hardened, which makes him a valued member and possible leader for any extremist organisation,” it says of Mr Hicks, who was returned to Australia in 2007 after being convicted by a US military commission of providing material support for terrorism.
In an analysts' note on Mr Hicks' file, it says: “Mohammed Atef, al-Qa'ida's No. 3 in charge of military operations, approached detainee regarding his willingness to be a martyr, which the detainee declined.”
In his book, Guantanamo: My Journey, Mr Hicks tells how he left Australia in November 1999 and signed up with the Pakistani militant group Lashkar-e-Toiba, to join “the freedom struggle in Kashmir”.
After he had completed a beginner's training course, LET sent him to Afghanistan for further training.
He said he reluctantly did a beginners' course and denied doing any terrorism-related training.
The September 11 attacks occurred a month after Hicks's final course, when he was in Pakistan.
He went back to Afghanistan after leaving his passport behind, he said, and joined up to fight with the Taliban to defend himself as the US attacked the country.
Mr Habib, who plans to sue the Egyptian government over his detention and alleged torture, told interrogators in Cairo he was en route to hijack a Qantas plane when he was detained, and had information on his home computer on poisoning US rivers.
He also claimed to have trained six of the 9/11 hijackers in martial arts and how to use a knife disguised as a cigarette lighter.
Once at Guantanamo Bay, Mr Habib retracted the confessions, saying he lied to Egyptian interrogators.
Mr Habib was released without charge from Guantanamo Bay in 2005 and returned to Australia.
His file says he had “direct and personal access” to a senior al-Qa'ida official but his US interrogators said his real value to the hardline Islamist terror group was as an Australian organiser and operative.
It contains a note by the Joint Task Force Guantanamo that Mr Habib was regarded as a detainee of “high intelligence value”.
It says he refused to take a polygraph test.
US intelligence officials regarded Mr Habib as a high value asset for his knowledge of al-Qa'ida financing, safe houses, and its training and tactics.
They questioned whether he was a “money courier and terrorist operations facilitator”, given his extensive international travel.
“Among the questions that remain unanswered: how did he afford to travel as extensively as he did while being unemployed and having lost a great deal of money in the matter of his Australian government contract?
“What were the actual number of times he went to Afghanistan, Egypt and the US (records indicate that he entered the US prior to 1993).”
After being arrested in Pakistan, Mr Habib was “rendered” by the CIA to Egypt.
He has described being tortured there by beatings, cigarette burns, electrocution, fingernail removal and near-drowning.
Mr Habib has alleged that Australian officials were involved in his rendition and torture.
After being transferred from Egypt, Mr Habib spent four years in Guantanamo Bay before being released in January 2005.
Mr Habib was last year refused a new passport on the grounds that ASIO still considered him a threat.
His lawyers said the decision was ridiculous, and based on unproven claims.
Mr Habib's case against Egypt's new vice-president, Omar Sulaiman, is seen as a human rights test case of the post-Mubarak era in Egypt.
Cairo lawyers acting for Mr Habib have notified the Egyptian Attorney-General they are launching proceedings against General Sulaiman, who heads Egyptian intelligence, along with the country's former interior minister, Habib al-Adly, and Jamal Mubarak, the son and lieutenant of former president Hosni Mubarak, who resigned amid anti-regime protests in February.
A summary filed by the Cairo lawyers says Mr Habib was detained without charge for six months and subjected to “the most horrible torture methods” including electric shock, cigarette burns, attack by dogs, sexual violation and water torture.
The documents allege some of Mr Habib's interrogations were conducted personally by General Sulaiman, who has been Egypt's intelligence chief since 1993, and that torture occurred in the presence of Jamal Mubarak, who was a senior official in the ousted regime.
Mr Habib received a confidential payout from the Australian government after a legal case in which he accused the government of aiding and abetting his torture by foreign agents in Pakistan, Egypt, Afghanistan and Guantanamo Bay.
The Australian government has refused to disclose how much it paid Mr Habib.
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Note: It is important to be aware of the issues surrounding WIKILEAKS...............
aloha.
Replies
Al-Qaeda is a US code name given to nameless (?) people for a US future covert capture. Red Cross created their/that list with a bogus lie of 'to reach family just in case' and everyday men on the war front with families came in to register their names.
Now we have a list of US enemies thanks to Red Cross registration! That original names are a 'Isis' cross checking data listing with an algorithum touch!
Thanks for sharing!
Latest Info:
LATEST ON WIKILEAKS ASSANGE----------
http://blog.indexoncensorship.org/2011/06/24/open-justice-admission...
The Free Speech Blog: Official blog of Index on Censorship
Open justice: Admission to Assange hearing ‘by ticket only’
Up to 100 journalists will be allowed access to the extradition appeal of Wikileaks editor Julian Assange at the Royal Courts of Justice on 12 July — “by ticket only”.
Media companies will be informed whether they have been allocated tickets after the application deadline on Monday 4 July.
The press has been given 75 seats in the courtroom and a further 25 seats in the public gallery.
Media organisations, rather than individual journalists, will be allocated the spaces and proof of identity must be provided on the day.
Assange has been living in Norfolk under bail conditions for the past six months. His supporters last week claimed that he is being detained “under house arrest” in “excessive and dehumanising” conditions.
His earlier appearances in court attracted widespread press interest, with the judge giving specific permission for journalists to live-tweet from court.
Assange versus the Swedish Judicial Authority will be heard in Court 4 at the Royal Courts of Justice on Tuesday 12 July 2011 at 10.30 before Lord Justice Thomas and Mr Justice Ouseley.
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10 Comments
Media organisations only, so no sole-trading freelance journalists need apply. That seems like a discriminatory practice on the part of the court. Is it legal?
I’d say a bona fide freelance journalist should go for a judicial review on the decision.
I wonder why journalists would want to participate at an event where the outcome is supposedly already clear? Were is the suspense?
“I’d say a bona fide freelance journalist should go for a judicial review on the decision.”
Good idea, but I’m reluctant to proceed without NUJ backing. I shall make enquiries.
Lucy – It’s not a matter of suspense; it’s a matter of documenting the events.
A Free speech blog that doesn`t allow free speach by deleting non offensive posts? Ha u must be kidding!
PS: and this was my comment and a very justified if u ask me:
I wonder why journalists would want to participate at an event were the outcome is clear from the start?
BTW If this hearing was really public then cameras and a webstream could do a better job than the subjective reportng of a few mainstream journalists!
Sounds like getting into see the Olympics to me
So how much are tickets to the show?
Media bias once again promoted and limited to only CIA supporters….Greg Wongham of Corruption in Hawaii stated: “the number-one purveyor of broadcast news in this
country– NBC, with both MSNBC and CNBC under its wing, as well as NBC news and a variety of “news magazines”– is now owned and controlled by General Electric, one of the nation’s largest defense contractors. Is it not significant that as GE’s various media subsidiaries predictably lined up to cheerlead the use of U.S. military force in Kosovo, it was at the same time posting substantial profits from the sale of the high tech of modern warfare it so shamelessly
glorifies?..
~ ~ “You know the one thing that is wrong with this country? Everyone gets a chance to have their fair say.” — President William J. Clinton ~ ~ ~ “The Central Intelligence Agency owns everyone of any significance in the major media.” — Former CIA Director William Colby
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[...] be allowed access to this spectacle of judicial theatre. The catch is that the Assange hearing is a ticket-only event, and likely to be heavily oversubscribed. So get in there now! Unless, that is, you are a [...]
[...] Index on Censorship>> Open justice: Admission to Assange hearing ‘by ticket only’ [...]
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https://www.youtube.com/watch?v=oQDakdp5WZ0&playnext=1&list=...
Wikileaks
wikileaks.....keep shining.....
First? I expect that on mindless, pointless groups, not wikileaks...
They're painting the passports brown.
The beauty parlour's filled with sailors.
The circus is in town".
@Randy McDonald, but dnt forgt dat
Realism is far away frm Idealism. I m nt gtng anything frm BP oils or frm others but smtimes mishappening occurs not due to irregularities but d cause may others like wrong measurement,decision etc
I hv sympathy for all families faced such disaster but
Is nt it like MPs elections? during campaigning d says ' i will do for u nd for public wellfare that... During my tenure...etc-2''
But learned people knws well..
Neither common man's opinion is wrng nor MPs declaration wrong as u knws frnds, above all MPs their is a form of constitution,Public Policy nd Idealogy on which Parliament works. So one cn claim i wl do that..
Remembering Gitmo, etc.
aloha.
Remember January 16, 1893!
Long Live The Hawaiian Kingdom, o Pomai