 |
|
Issue #22 — November 4,
2004
Human Rights First's U.S. Law and Security Digest is
a weekly report to help keep you up to date about developments in U.S. national
security law and policy that have an impact on civil liberties and human rights.
Please note that many of these links are to external Websites and may have expired or require registration.
HUMAN RIGHTS FIRST HEADLINES
U.S. LAW & SECURITY NEWS
DATEBOOK
| HUMAN RIGHTS FIRST HEADLINES................................................ |
MILITARY COMMISSION DENIES MOTIONS OF TWO GUANTANAMO DETAINEES
This week, Human Rights First's Ken Hurwitz has
been observing the second phase of military commission trials, which began in
mid-August at the U.S. Naval Base in Guantanamo Bay, Cuba. Mr. Hurwitz
continues the trial observation
chronicle begun by Deborah Pearlstein in August. On Tuesday, the commission
denied two of almost 30 pre-trial motions filed by Australian detainee David
Hicks. One motion sought replacements for the three tribunal members who
were dismissed
from the military commissions last week because of professional conflicts. The
reduced panel means that Mr. Hicks and one other defendant can
be convicted with the consent of just two panel members, while two other detainees
who have been charged thus far will come before a full, five-member tribunal. On
Wednesday, presiding officer Col. Peter E. Brownback agreed to delay
Hicks' trial until March 15, to give defense counsel time to interview witnesses
and gather other evidence.
Guantanamo Diary: Days 1 & 2
Over the past two days, I have been struck by what appears to be a concerning
lack of evenhandedness on key procedural points. The prosecution is at risk of
approaching legal precedent as useful when convenient, but not necessarily relevant
when the case law is against them. This approach serves to undermine the
idea of fixed legal standards and risks further politicization of the process. Read More
| U.S. LAW & SECURITY NEWS........................................................ |
MORE GUANTANAMO DETAINEES BOYCOTT REVIEW TRIBUNALS
Six Guantanamo detainees declined on Wednesday
to appear (subscription req'd) before the Combatant Status Review Tribunal,
a military panel (separate from the military commission trials) set up to determine
whether detainees should remain classified as "enemy combatants" (subscription
req'd). A number of detainees have boycotted the review panel process,
in which they are not permitted legal representation. The panel can make
decisions even if the detainee does not attend his review. Human Rights
First's trial observer, who is currently at Guantanamo Bay to watch preliminary
hearings in military commission trials, has been granted permission
to attend at least one proceeding of the review tribunal during his mission
to the Guantanamo base.
LETTER FROM GUANTANAMO DETAINEE REVEALS PSYCHOLOGICAL EFFECTS OF DETENTION
In a letter written in early September to his father, Guantanamo detainee David
Hicks expressed fear that his nearly three years of detention - including one
year in solitary confinement - was eroding his sanity in ways that would "permanently
scar me." Hicks, who attends hearings this week that will shape his military
trial early next year, wrote that he did not feel mentally fit to make decisions "which
are no doubt important." His father, Terry Hicks, has asked that an independent
psychiatrist from his home country of Australia be permitted to visit David Hicks
at Guantanamo and assess his mental condition. Full Story
CHARGES AGAINST NAVY SEAL DROPPED IN DETAINEE ABUSE CASE
One of seven Navy SEALS accused of abusing detainees in Iraq received a "non-judicial
punishment" last week in lieu of criminal charges. The other officers face
criminal charges for physically assaulting detainees between October 2003 and
April 2004. Some of the SEALS, none of whom have been identified, are charged
with abusing Manadel al-Jamadi, a "ghost detainee" who died in U.S. custody after
being subjected to severe physical abuse in what one Navy SEAL testified was
a C.I.A. "romper room." An
autopsy concluded that Mr. al-Jamadi died of a blood clot that resulted from
a blow to the head, a conclusion disputed by lawyers for one of the naval officers. Full Story
ABU GHRAIB GUARD AVOIDS PRISON SENTENCE THROUGH PLEA BARGAIN
On Tuesday, a military police soldier who worked at Abu Ghraib prison in Iraq
pleaded guilty to one charge of dereliction of duty for her failure to prevent
or report the abuse of detainees there. As part of her punishment, Megan
Ambuhl's rank was reduced from specialist to private, and she must forfeit two
weeks' pay. Ambuhl, described as the "least involved" in the abuse, was
the first soldier to plead guilty and not receive a prison sentence. Staff
Sgt. Ivan "Chip" Frederick was sentenced to eight years in prison, and Spec.
Jeremy Sivits will spend one year in prison for physically assaulting and sexually
humiliating Iraqi prisoners. Three other soldiers face courts martial early
next year. Full Story
PENTAGON ANNOUNCES EFFORTS TO COMBAT UNNECESSARY SECRECY
In response to charges that it excessively and improperly
classifies government records (PDF), the Department of Defense announced
this week that it would make efforts to reduce classified information. Human
Rights First and other organizations were particularly critical of the classification
of the Taguba report (PDF),
the first investigation on the abuse of Iraqi prisoners at Abu Ghraib. In
August, a Pentagon official stated in a congressional hearing that 50% of defense
information was classified unnecessarily. On September 16, Secretary of
Defense Donald Rumsfeld circulated a memo (PDF)
instructing all Pentagon commanders not to classify information "to conceal violations
of law" or "to prevent embarrassment to a person, organization or agency."
DATEBOOK................................................................................. |
NOVEMBER 7: FEDERAL BAR PANEL EXAMINES COUNTERTERRORISM AND THE LAW
The Federal Bar will host a panel discussion on counterterrorism and the law
in Old Saybrook, Connecticut, on November 7. Panelists, who will include
United States District Judges Alvin Hellerstein and Shira Scheindlin, will discuss
approaches to developing security policies that respect human rights and international
law.
NOVEMBER 9: NORTHWESTERN CONFERENCE ON GUANTANAMO BAY CASES
Northwestern University Law School's Center for International Human Rights and
the People's Law Office will host an event on issues surrounding the Guantanamo
cases on November 9 at 6pm. Speakers include: Doug Cassel, director, Northwestern's
Human Rights Center; and Gary Isaac, Mayer, Brown, Rowe & Maw. The
event will be held in Chicago at the law firm Mayer, Brown, Rowe & Maw, 190
South LaSalle, 40th Floor. RSVP to Michael Deutsch at (773) 235-0070, ext.
110, mdeutsch45@aol.com.
|
|
|
|
|
|
|
