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<a href="http://www.counterpunch.org/worthington03222008.html" eudora="autourl">
http://www.counterpunch.org/worthington03222008.html<br><br>
</a></font><font face="Times New Roman, Times" size=4><b>March 22 / 23,
2008<br><br>
</font><h1><font face="Times New Roman, Times" size=5><b>"Guards
Would Grab Me by Pressure Points Behind My Ears, Under the Jaw and on My
Neck."<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">
Torture Stories Dog Guantánamo
Trials</b></font></h1><font face="Times New Roman, Times" size=5>By ANDY
WORTHINGTON<br><br>
</font><font face="Verdana" size=6 color="#990000">F</font>
<font face="Verdana" size=2>rom the moment that the <i>Toronto Star</i>
unleashed a gruesome, and previously unpublished photo of the chest
wounds sustained by 15-year old Omar Khadr, after a firefight in
Afghanistan in July 2002, it was clear that the resumption of Khadr's
pre-trial hearing at Guantánamo last week would once more raise murky
issues of torture and untrustworthy intelligence that the administration
-- desperate to secure a "clean" conviction in its much-reviled
Military Commission process -- hoped would remain buried.<br><br>
The photo preceded excerpts from <i>Star</i> reporter Michelle Shephard's
long-awaited biography of Omar Khadr,
<a href="http://www.amazon.com/exec/obidos/ASIN/0470841176/counterpunchmaga">
Guantánamo's Child: The Untold Story of Omar Khadr, </a>which does the
most thorough job to date of humanizing the second youngest son of the
generally unsympathetic Khadr family, whose late patriarch, Ahmed Khadr,
was close to Osama bin Laden. <br><br>
While serving as a terrifying trailer for the book, however, the photo's
publication also heightened tensions that had surfaced in pre-trial
hearings in November, when, after five years of claims, on the
administration's part, that Khadr had been the last enemy soldier alive
after the firefight, and had therefore thrown the grenade that killed a
US soldier, it was revealed that the grenade could, in fact, have been
thrown by one of his companions, who was alive at the time, but whose
survival at that point had not previously been disclosed.<br><br>
<br>
</font><font face="Verdana" size=2 color="#990000"><b>Omar Khadr and the
fog of war<br><br>
</b></font><font face="Verdana" size=2>The day before Khadr's pre-trial
hearings resumed last Friday, his tenacious military defense lawyer, Lt.
Cmdr. William Kuebler, duly raised these issues, telling journalists that
the report of the circumstances that led to Khadr's capture, written by
an officer identified only as "Lt. Col. W.," had been altered
after the event to implicate the Canadian teenager. As Lt. Cmdr. Kuebler
described it, the report initially said that the assailant who threw the
grenade had been killed, but was then revised, about two months later, to
say that the grenade thrower had been "engaged" (a change that
clearly implicated Khadr). "We now know that story was false,"
Lt. Cmdr. Kuebler told the reporters, adding, "It's consistent with
the proposition that the government manufactured evidence to make it look
like Omar was guilty."<br><br>
On Friday, Lt. Cmdr. Kuebler asked the judge, Col. Peter Brownback, to
allow the defense team to question "Lt. Col. W." Col. Brownback
not only agreed to this request; he also ordered prosecutors to give
Khadr's lawyers a list of all US personnel who had interrogated Khadr in
Afghanistan and Guantánamo, and to provide them with access to their
notes, postponed the trial's start date (scheduled for May 5) to allow
more time for discussions of acceptable evidence, and rebuffed the
government-appointed prosecutors, who claimed, as the <i>Miami Herald</i>
described it, "that they had already searched available records and
interviewed potential witnesses, and had found nothing more to provide in
the discovery phase to defense lawyers." As the <i>Herald</i> report
continued, "Brownback was not persuaded," and "sent
prosecutors back to search US State Department communications with
Canada, battlefield dispatches and messages around the time of the 2002
firefight and other records." "We can't try the case until we
get the discovery done," Col. Brownback insisted. "So if I have
to come down here every week, I'll do it, what the heck."<br><br>
<br>
</font><font face="Verdana" size=2 color="#990000"><b>Khadr alleges
torture<br><br>
</b></font><font face="Verdana" size=2>Capping another difficult week in
the administration's attempts to prosecute Khadr, his lawyers released an
eight-page affidavit, in which Khadr himself described his treatment at
the hands of both the Americans -- in Afghanistan and at Guantánamo --
and the Canadian agents who also visited him at Guantánamo. Partly
redacted by US censors, the document nevertheless reveals extensive
allegations of abuse that, in some cases, seem to amount to torture.
<br><br>
In addition to Khadr's previously documented claims that he was
threatened with rape and was used as a human mop at Guantánamo to wipe up
his own urine after he had been held for hours in a stress position and
had soiled himself, he reported that he "told a Canadian delegation
in 2003 that the Americans 'would torture' him -- so he told them
whatever they wanted' to hear, but that "The Canadians called me a
liar, and I began to sob. They screamed at me and told me they could not
do anything for me." In other sections, he described how, after he
embarked on a hunger strike at Guantánamo, "Guards would grab me by
pressure points behind my ears, under the jaw and on my neck. On a scale
of one to 10, I would say the pain was an 11." <br><br>
Khadr also described abuse that took place in the days after his capture,
in particular at the hands of a Hispanic MP, who "would often
[redacted]. He would tell nurses not to [redacted] since he said that I
had killed an American soldier. He would also [redacted] me quite
often." He also reported that something was done to his eyes --
"Sometimes they would [redacted] particularly since both my eyes
were badly injured" -- and described being kneed "repeatedly in
the thighs," a brutal technique, known as the common peroneal
strike, whose overuse in Bagram led to the murder of two prisoners,
Mullah Habibullah, and a taxi driver named Dilawar, in December 2002.
<br><br>
This comment adds to the suspicion that Khadr was the victim of torture
in Bagram, as it was also revealed last week that one of his
interrogators was Sgt. Joshua Claus, who was later charged, along with 14
others, of various crimes, including assault and "maltreatment of a
detainee" in connection with the murder of the two men, and was
sentenced to five months in jail in 2006.<br><br>
<br>
</font><font face="Verdana" size=2 color="#990000"><b>Mohamed
Jawad<br><br>
</b></font><font face="Verdana" size=2>Omar Khadr was not the only
defendant last week to raise the spectre of torture to haunt the Military
Commissions. On Wednesday, Mohamed Jawad, an Afghan who, according to his
own account, was only 16 when he was seized after allegedly throwing a
grenade that wounded two US soldiers and an Afghan interpreter, said, as
Carol Williams described it in the <i>Los Angeles Times</i>, "that
he had been tortured while in US custody at Bagram Air Base in
Afghanistan after his arrest, and that he had been mistreated in
Guantánamo as well." "The American government said the Taliban
has been very cruel in Afghanistan, that they killed people without any
trial and imprisoned people without trial," Jawad told the judge,
Col. Ralph Kohlmann. "When I was in detention at Bagram, Americans
killed three people. They beat people and arrested us without trial.
We're not given any rights." <br><br>
This was a departure in some ways. As I reported in a detailed article
when he was first charged last October, Jawad had not alleged that he had
been tortured by US forces during his tribunal and his military reviews
at Guantánamo, which were convened, in the first instance, to assess
whether he had been correctly designated as an "enemy
combatant" when he was captured, and subsequently to assess whether
he still constituted a threat to the US or its interests. He had,
however, claimed that a false confession had been forced out of him by
the Afghan police who first captured him. "[T]hey tortured me,"
he said in 2005. "They beat me. They beat me a lot. One person told
me, 'If you don't confess, they are going to kill you'. So, I told them
anything they wanted to hear."<br><br>
Although he explicitly stated in his review, "I have never seen or
endured any torture in Bagram or here in Cuba by the Americans,"
it's possible that he had previously failed to mention being tortured by
US forces because he had concluded that it was wiser not to raise the
topic in front of the US military officers who appeared to offer him a
chance -- however slim -- of escaping from Guantánamo for good. It
certainly seems unlikely that Jawad was not subjected to abuse while at
Bagram, as the period that he was there -- from mid-December 2002, two
months after Omar Khadr left for Guantánamo -- is during that same
period, from summer 2002 until sometime in 2003, at the earliest, that
the prison was the venue for particularly savage and routine violence
that led to the murders mentioned above, and, it should be noted, to an
apparent third homicide mentioned not only by Mohamed Jawad, but also by
the released British prisoners Moazzam Begg, Richard Belmar and Jamal
Kiyemba, as I discuss in my book The Guantánamo Files: The Stories of the
774 Detainees in America's Illegal Prison. <br><br>
This alone would make his trial problematical, but Jawad himself raised
further hurdles to what the Pentagon clearly hoped would be a
straightforward process by declaring the proceedings illegal and refusing
to accept representation by his military lawyer, Col. Mike Sawyers.
Apparently dragged from his cell to attend the hearing, and wearing the
infamous orange garb that, for many years, has been reserved for those
ruled "non-compliant," he told Col. Kohlmann, "My right
has not been given to me. I have not violated any international law.
There are many accusations against me they don't make any sense I am a
human being." He added, as Steven Edwards described it for the
Canwest News Service, that he "continued to be treated unjustly and
interrogated, and that he wanted the 'whole world' to know
it."<br><br>
Despite being spurned by his client, Col. Sawyers was vigorous in his
defense outside the courtroom, explaining to reporters that western
concepts of justice were "completely foreign" to Jawad, and
making a statement on his behalf that also resonates with the case of
Omar Khadr. "I believe this is the direct result of taking a 16- or
17-year-old boy and putting him in confinement with no contact with the
outside world," Col. Sawyers said. "He has been in a
three-by-seven-(foot) cell I do not believe he understands the
proceedings I don't know if I were given ten years I could explain it to
him."<br><br>
With Jawad's refusal to engage with the Commissions (asked to enter a
plea, he had, by that point, "slumped onto the defense table and
refused to respond to Kohlmann's questions") and with Col. Sawyers'
active duty about to run out, the case is unlikely to resume in the near
future. As Col. Steve David, the Commissions' chief defense lawyer,
explained, he will not be able to assign Jawad a new lawyer for some
time, because, unlike the prosecution, which has a full roster of 30
lawyers, he has only nine lawyers on duty, who are already struggling to
cope with their caseload. <br><br>
</font><font face="Verdana" size=2 color="#990000"><b>Ahmed
al-Darbi<br><br>
</b></font><font face="Verdana" size=2>The last of the cases considered
last week -- that of Ahmed Mohammed al-Darbi, a 33-year old Saudi -- also
failed to advance the process. The brother-in-law of one of the 9/11
hijackers, al-Darbi, described as "polite and responsive"
during his arraignment, also refused to enter a plea, and was undecided
about whether or not to accept the services of his military lawyer. The
administration can, perhaps, count itself lucky that al-Darbi did not
wish to speak out, although this is probably only a matter of putting off
the inevitable. <br><br>
Seized in Azerbaijan, al-Darbi was rendered to Afghanistan, and also
ended up in Bagram, where, he later alleged, an interrogator named Damien
Corsetti, known as "Monster" or "The King of
Torture," abused prisoners by poking them in the face with his naked
penis and threatening them with sexual assault. Corsetti was later
charged with dereliction of duty, maltreatment, assault and performing an
indecent act with another person, but although he was cleared of all the
charges in June 2006, al-Darbi's presence at Bagram during the period
that both Omar Khadr and Mohamed Jawad were there suggests that the
well-chronicled torture at the prison during that period -- which
Corsetti discussed, with refreshing frankness, in a recent interview --
will also surface in his trial. <br><br>
If, as Carol Williams suggested, Mohamed Jawad's case had been pushed
forward before those of the six men (including Khalid Sheikh Mohammed)
who were charged last month in connection with the 9/11 attacks, because
the process of finding lawyers for those men has only just begun, and
because Jawad's case -- and, by extension, that of Ahmed al-Darbi -- were
presumed to be easier to win, last weeks' events have served only to rock
the Commissions' legitimacy once more, highlighting allegations of
torture in Bagram as a counter-point to the well-chronicled torture of
those charged in connection with 9/11 in secret prisons run by the CIA
(in five of the cases) and in Guantánamo in the case of the sixth,
Mohammed al-Qahtani.<br><br>
<br>
</font><font face="Verdana" size=2 color="#990000"><b>Ibrahim al-Qosi and
Ali Hamza al-Bahlul<br><br>
</b></font><font face="Verdana" size=2>Nor, it seems, is it likely that
torture will be sidestepped in the cases of the other prisoners awaiting
arraignment. The Sudanese prisoner Ibrahim al-Qosi and the Yemeni Ali
Hamza al-Bahlul (both charged last month for their alleged connections
with al-Qaeda) are well-known to those who have been following the
Commissions since they first spluttered into life in the summer of 2003.
Both were previously charged in the first round of the trials, which were
struck down as illegal by the Supreme Court in June 2006, without either
man having had the opportunity to discuss the details of their treatment,
but in a hearing in 2004 al-Bahlul's military defense lawyer, Maj. Tom
Fleener, told the judge, Col. Peter Brownback, "I believe Mr.
al-Bahlul was tortured," adding that it was "going to be an
issue" in any trial faced by his client. Similar territory was
covered by Lt. Col. Sharon Shaffer, who was assigned to represent
al-Qosi. According to a report in the <i>Nation</i> in December 2005, she
"characterized his treatment as possibly torture but certainly
inhumane treatment; he was held in stress positions for protracted
periods, subjected to military dogs and sexually
humiliated."<br><br>
If there is a "clean" case that can be presented to the
Commissions without ensnaring the administration in ever more lengthy and
damaging allegations relating to the use of torture by US forces, it has
yet to be found. Just possibly, however, the Pentagon's announcement,
during the fallout from Mohamed Jawad's boycott of his arraignment, that
another Afghan --Mohammed Kamin -- would also face a trial by Military
Commission was intended to fulfil the administration's elusive dream: the
successful prosecution of a prisoner who will not claim that he was
tortured.<br><br>
</font><font face="Verdana" size=2 color="#990000"><b>Mohammed
Kamin<br><br>
</b></font><font face="Verdana" size=2>On the surface, Mohammed Kamin
fulfils this criterion, although he also seems, like many before him, to
be an unworthy candidate for any kind of war crimes trial at all. In his
charge sheet, he is accused of "providing material support for
terrorism"; specifically by receiving training at "an al-Qaeda
training camp," conducting surveillance on US and coalition military
bases and activities, planting two mines under a bridge, and launching
missiles at the city of Khost while it was occupied by US and coalition
forces. He is not charged with harming, let along killing US forces, and
were it not for his supposed al-Qaeda connection -- he apparently stated
in interrogation that he was "recruited by an al-Qaeda cell
leader" -- it would, I think, be impossible to make the case that he
was involved in "terrorism" at all. As it is, I'm prepared to
state that his case seems to me to demonstrate how hopelessly blurred the
distinctions between military resistance (aka insurgency) and terrorism
have become, so that anyone caught fighting US occupation is not engaged
in a war (with its own well-established laws) but is automatically part
of a global terrorist movement. <br><br>
In a courtroom, of course, it may well emerge that, like all the others
mentioned above, Mohammed Kamin will reveal -- or at least allege -- that
he too was tortured, adding to the increasing suspicion that there is no
corner of the post-9/11 prison system that is beyond the cold hand of the
torturer, whose actions were sanctioned at the highest levels of the
government. In the full glare of the world's media, the Military
Commissions continue to expose the very torture and abuse that the
administration has strived so hard to conceal, and I cannot see how they
can ever result in a prosecution that will be recognized as valid. As the
Bush administration counts down its last months in office, the only
solution, it seems to me, is to maintain the pressure on the next
administration to move the trials to federal courts on the US
mainland.<br><br>
<b>Andy Worthington</b>
(<a href="http://www.andyworthington.co.uk/">www.andyworthington.co.uk</a>
) is a British historian, and the author of
'<a href="http://www.amazon.com/exec/obidos/ASIN/0745326641/counterpunchmaga">
The Guantánamo Files: The Stories of the 774 Detainees in America's
Illegal Prison'</a>. He can be reached at:
<a href="mailto:andy@andyworthington.co.uk">andy@andyworthington.co.uk</a>
<br><br>
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