detention
US POW released in exchange for Gitmo detainees
US President Barack Obama announced May 31 that prisoner of war Bowe Bergdahl had been released into US custody in exchange for five detainees held at Guantánamo Bay. Bergdahl was the only confirmed US prisoner of war from the conflict in Afghanistan remaining in enemy custody. The Obama administration brokered the deal for Bergdahl's exchange through the Qatari government; once Bergdahl was secured, five high-profile Guantánamo Bay detainees, including the former head of the Taliban army, were transferred to Qatar. Republicans in the US Senate and House of Representatives criticized the exchange, which had been conducted in violation of a law requiring the president to notify Congress 30 days before any detainees are transferred from Guantanamo bay (PDF). The Obama administration maintains that the provision of the law requiring the notification is an unconstitutional violation on his rights as Commander-in-Chief (signing statement, PDF).
Judge orders halt to force-feeding at Gitmo
The US District Court for the District of Columbia on May 16 ordered (PDF) officials at Guantánamo Bay to temporarily suspend forced feedings of a detainee at the facility. Judge Gladys Kessler's unprecedented ruling also bars officials at the facility from subjecting the detainee to so-called forced cell extractions "for the purposes of" tube-feedings until May 21, the date of the next hearing in the case. The ruling also orders the military to preserve more than 100 videos that show the prisoner being forcibly removed from his cell and force-fed. Syrian national Abu Wa'el Dhiab (advocacy website) has been held at Guantánamo Bay since 2002 after being detained in Pakistan. Dhiab has been cleared for release or transfer out of Guantanamo since 2009, and has been refusing food for over a year. Defense Department spokesman Lt. Col. Todd Breasseale stated in an e-mail that "[w]hile the Department follows the law and only applies enteral feeding in order to preserve life, we will, of course, comply with the judge's order here." (Jurist, May 17; Al Jazeera America, May 16)
ICC reopens probe into UK Iraq detainee abuse
The prosecutor of the International Criminal Court (ICC), Fatou Bensouda, announced May 13 that she will reopen a preliminary investigation into alleged mistreatment and killings of Iraqi detainees in Iraq by UK military forces from 2003 through 2008. Bensouda stated that her office received new information in January from two human rights organizations implicating UK officials in detainee abuse. The Rome Statute (PDF) of the ICC allows the prosecutor to "initiate investigations ... on the basis of information on crimes within the jurisdiction of the Court." Although Iraq is not a State Party to the ICC, the ICC does have jurisdiction over alleged crimes committed by state nationals in Iraq. To comply with the statute, the ICC must examine several factors during the preliminary investigation, such as "jurisdiction, admissibility and the interests of justice" to determine if such issues meet the Statute's criteria for opening a full investigation. The ICC's original preliminary investigation into this matter, which ended in 2006, did not meet the "required gravity threshold" of the statute. Luis Moreno-Ocampo, prosecutor of the ICC in 2006, emphasized that if new information were to surface, the statute affords the ICC the ability to reopen the investigation. The new information received by the ICC in January alleges additional cases and details of detainee mistreatment than were available in the original investigation.
Panel calls for transfer of Yemeni Gitmo prisoner
The Periodic Review Secretariat, a national security panel under the authority of the US Department of Defense (DoD), on April 24 recommended (PDF) the release of a Yemeni prisoner currently held at Guantánamo Bay. The prisoner, Ali Ahmad Mohamed al-Razihi, was suspected of acting as a bodyguard for Osama bin Laden and has been held at Guantánamo since 2002. The Periodic Review Secretariat determines whether certain individuals detained at Guantánamo represent a continuing significant threat to the security of the US such that their continued detention is warranted. In making the determination, the security review panel considered the detainee's plans for the future and the level of his involvement with al-Qaeda, including his behavior throughout detention. The journalist and Guantánamo expert Andy Worthington released a copy of al-Razihi's statement delivered before the review board of the Periodic Review Secretariat on March 20.
Iraq temporarily closes Abu Ghraib prison
The Iraqi Justice Ministry on April 15 temporarily closed Abu Ghraib prison due to security concerns. Reports indicate that Iraqi authorities are concerned about the growing power of a Sunni-backed insurgency within the Anbar province, in close proximity to the prison grounds. A government official reportedly announced wednesday, however, that the prison's closure was temporary until security issues can be resolved. In the meantime, the government has transferred approximately 2,400 inmates to other high security prisons throughout the nation.
Uruguay agrees to take five Guantánamo prisoners
Uruguayan President Jose Mujica announced on March 20 that his country has agreed with US President Barack Obama to take five inmates at Guantánamo Bay, reportedly stating that they would be "welcome to work and stay with their families in Uruguay." Obama is attempting to live up to his promise to release the remaining prisoners at the camp and to close the facility, but there are still 154 remaining detainees. The five prisoners will be granted refugee status in Uruguay, and though Mujica reportedly agreed to the proposal for humanitarian reasons, he has also acknowledged the possibility of some reciprocal action from the United States, reportedly stating, "I don't do favors for free." Mujica has some personal connection to the prisoners' scenario, having been detained for fourteen years as a guerrilla fighter by the 1973-1985 Uruguayan dictatorship.
US repatriates Algerian Guantánamo detainee
The US Department of Defense on March 12 announced the transfer of Guantánamo detainee Ahmed Belbacha to Algeria. Belbacha, a native Algerian who was detained in Pakistan in 2002, had been held at Guantánamo for 12 years without a trial or formal charges. Algeria tried Belbacha in absentia in 2009, convicting him of belonging to an "overseas terrorist group," and sentenced him to 20 years in prison. Belbacha has resisted repatriation until recently after beiong cleared for transfer by the Guantánamo Review Task Force. After the transfer, 154 detainees remain at Guantánamo Bay.
Gitmo detainee challenges force-feeding practices
Emad Abdullah Hassan filed a federal lawsuit on March 11 in the US District Court for the District of Columbia that challenges the force-feeding procedures at the Guantánamo Bay military prison. Hassan, who has been held in Guantanamo since 2002, alleges that he has been force-fed more than 5,000 times since 2007 in an effort to end his hunger strike. Hassan's case will be the first time at a court will review the force-feeding procedures used at Guantanamo since the US Court of Appeals for the District of Columbia Circuit ruled (PDF) last month that federal judges have jurisdiction to hear such cases. Hassan's attorney argues that the force-feeding procedures amount to torture and says that he hopes the lawsuit will force the military to hand over documents regarding detainee policies and procedures.
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