Defense lawyers for detainees held at Guantánamo Bay and the Center for Constitutional Rights (CCR) sent a letter (PDF) to Rear Admiral John Smith Jr.  describing harsh conditions faced by the detainees and indicated that the detainees have begun to protest the conditions, including participating in a hunger strike. The letter alleged that "camp authorities have been confiscating detainees' personal items, including blankets, sheets, towels, mats, razors, toothbrushes, books, family photos, religious CDs, and letters, including legal mail; and restricting their exercise, seemingly without provocation or cause."

Military lawyers from the US Navy on Feb. 12 said that surveillance equipment deployed throughout the Guantánamo Bay detention center was not used to breach attorney-client privilege. The officials indicated that devices used to record audio and video were routinely placed throughout the detention center, but they were only used for security purposes. The surveillance devices were often concealed in common objects such as smoke detectors. The lawyers admitted that a person would not know they were under surveillance, but that the prosecuting lawyers did not review any of the recordings. Officials also indicated that some legal mailings had been opened and searched for contraband and then delivered to the detainee. They said that they did not read any of the documents.

Lawyers for Guantánamo Bay detainee Abu Zubaydah on Jan. 28 asked the European Court of Human Rights (ECHR) to rule on whether Poland violated their client's rights by aiding the US in detaining and allegedly torturing Zubaydah in a secret CIA prison. Zubaydah, a top al-Qaeda suspect, alleges that he was transferred to Poland and subjected to "enhanced interrogation techniques." An investigation into the prison has been ongoing in Poland since 2008, but Zubaydah's lawyers argued that it has made no noticeable effort to bring any perpetrators to justice. The letter is notice that an application for a hearing will be filed.

Defense lawyers for the five accused 9-11 conspirators petitioned a US military judge at Guantánamo Bay on Jan. 28 to preserve the prisons where the defendants were held as evidence. The defendants claim that they were tortured during their time held in secret CIA prisons. This is one of the many issues that are set to be litigated when pretrial hearings begin Monday at the war crimes tribunal taking place at the Guantanamo Bay US Naval Base in Cuba. Khalid Shaikh Mohammed, accused of planning the 9-11 attacks, is among those set to stand trial. Lawyers for the defendants have requested documents from the White House and Justice Department that authorized the CIA to move suspected al-Qaeda members across borders after 9-11 and keep them in secret prisons for interrogations. Defense lawyers will argue that the defendants were subjected to illegal pre-trial punishment. The prosecution maintains that it will not use any information in trial that was obtained through torture or other techniques that violate US or international law.

The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.

World War 4 Report has been keeping a dispassionate record of Barack Obama's moves in dismantling, continuing and escalating (he has done all three) the oppressive apparatus of the Global War on Terrorism (GWOT) established by the Bush White House. On the day of his second inauguration, we offer the following annotated assessment of which moves over the past year have been on balance positive, neutral and negative, and arrive at an overall score:

A judge for the US District Court for the District of Columbia ruled Jan. 9 that lawyers for a detainee at Guantánamo Bay may not review top secret documentation. Wali Mohammed Morafa, who has been detained for financially aiding the operations of terrorist organizations, including al-Qaeda, requested for some top secret documentations concerning source-related information which the government refused to disclose. Instead the government offered an alternate secret version without substitutes for some source information. Morafa's lawyers have clearance for only secret but not top secret information.

US President Barack Obama signed the National Defense Authorization Act of 2013 (PDF) into law on Jan. 3. The bill, which authorizes appropriations for military activities for 2013, expressly prohibits using funds to transfer individuals detained at Guantánamo Bay and also prohibits using funds to construct facilities in the US intended to house Guantánamo detainees. Obama signed the NDAA despite earlier indications that he may veto (statement, PDF) the bill, in part because of concerns over the Guantánamo detainee restrictions. Anthony Romero, executive director of the American Civil Liberties Union (ACLU), has criticized Obama for signing the bill, stating that he has "utterly failed the first test of his second term" by effectively ensuring that indefinite detention will continue and jeopardizing his ability to keep his promise of closing the military prison.