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FOR IMMEDIATE RELEASE: May 29, 2008<br>
Contact: Frida Berrigan (347) 683-4928<br>
Frida.berrigan@gmail.com<br>
<a href="http://www.witnesstorture.org/" eudora="autourl">
www.witnesstorture.org<br><br>
</a>Anti-Torture Activists Convicted<br>
Guantanamo Prison Put On Trial<br><br>
WASHINGTON, D.C. - May 29, 2008<br><br>
Thirty-four Americans arrested at the Supreme Court on<br>
January 11, 2008 were found guilty after a three-day<br>
trial which began on Tuesday, May 27th in D.C. Superior<br>
Court. The defendants represented themselves, mounting a<br>
spirited defense of their First Amendment rights to<br>
protest the gross injustice of abuse and indefinite<br>
detention of men at the U.S. Naval Base at Guantanamo<br>
Bay.<br><br>
Charged with "unlawful free speech," the defendants were<br>
part of a larger group that appealed to the U.S. Supreme<br>
Court on January 11-the day marking six years of<br>
indefinite detention and torture at Guantanamo. "I knelt<br>
and prayed on the steps of the Supreme Court wearing an<br>
orange jumpsuit and black hood to be present for Fnu<br>
Fazaldad," said Tim Nolan, a nurse practitioner from<br>
Asheville, NC who provides health care for people with<br>
HIV.<br><br>
Defendants and witnesses argued that they did not expect<br>
to be arrested at the Supreme Court, "an internationally<br>
known temple to free speech." Ashley Casale, a student<br>
at Wellesley College in Massachusetts, told the court,<br>
"I am 19-- the youngest person in this courtroom-and I<br>
come on behalf of all the prisoners at Guantanamo who<br>
were younger than I am now when they were detained.<br>
According to the U.S. Constitution we have a right to<br>
petition the government for a redress of grievances and<br>
Guantanamo Bay prison is beyond grievous."<br><br>
Historian Michael S. Foley, a professor at the City<br>
University of New York, teaches the U.S. Constitution to<br>
undergraduates. He testified that if "you told me that<br>
the defendants would be arrested for 'unlawful free<br>
speech' just twenty feet from where the Justices decide<br>
First Amendment cases, I'd say you were 'crazy.'"<br><br>
Those who stood trial this week were arrested (along<br>
with 43 others) without their identification and taken<br>
into custody under the names of Guantanamo prisoners.<br>
This twist on traditional protest allowed the defendants<br>
to symbolically grant the Guantanamo prisoners the day<br>
in court that the Bush administration and the Pentagon<br>
have denied them.<br><br>
"I am not surprised at being convicted," continued<br>
Nolan, "but I felt compelled as a medical professional<br>
to speak out against torture that is facilitated by<br>
medical personnel at Guantanamo. I have to act on my<br>
ethical principles every day: if I know child abuse is<br>
occurring, I am required to report it. The abuses at<br>
Guantanamo must also be acted upon."<br><br>
The defendants are common citizens: priests and pastors,<br>
construction workers and farmers, schoolteachers and<br>
professors. They come from Charlottesville, Des Moines,<br>
New York City, Scranton, Saratoga, Worcester, and other<br>
cities and towns.<br><br>
Judge Wendell Gardner will sentence the defendants<br>
tomorrow (Friday, May 30), in D.C. Superior Court<br>
(courtroom 218, 500 Indiana Ave), and has indicated that<br>
some are likely to receive prison sentences.<br><br>
A number of the defendants waived their right to speak<br>
during the trial, recognizing the near-total denial of<br>
legal and human rights to the Guantanamo detainees. "We<br>
could not in conscience exercise our rights," says<br>
Matthew Daloisio of this courtroom witness, "when our<br>
country continues to deny the rights of others. It was<br>
powerful to hold the name of Yasser Al Zahrani in my<br>
heart as I sat in a court of law. Yasser was a 22-year-<br>
old Yemeni man. He was arrested at 17, and brought to<br>
Guantanamo. He was never charged or tried. On June 10th,<br>
2006, he apparently took his own life. He will never<br>
have the chance to sit in this court room, and my<br>
conviction today seems a small price to pay to bring his<br>
name in court."<br><br>
During the trial, some defendants took the stand to<br>
testify to their motivations and intentions in acting on<br>
January 11. They argued that they were there to appeal<br>
to the Supreme Court Justices to rule against the Bush<br>
administration in the cases of Boumediene v. U.S. and Al<br>
Odah v. Bush. They contend that after all other<br>
remedies had been exhausted; direct action and appeal<br>
were the only options.<br><br>
The judge refused to let Thomas Wilner, a partner at the<br>
Washington law firm Shearman and Sterling, who<br>
represented twelve Kuwaiti citizens detained at<br>
Guantanamo Bay in the case decided in their favor by the<br>
U.S. Supreme Court on June 28, 2004. Wilner's<br>
descriptions of the predicaments of his clients, and<br>
expressions of horror and dismay at the failure of most<br>
Americans to act against the detainees' indefinite<br>
detention and torture were part of forming many of the<br>
defendants' motivation and intention. After his<br>
testimony was deemed "not relevant" and "unnecessary"
by<br>
Judge Gardner, Wilner addressed defendants and<br>
supporters outside the courthouse, saying: "Hopefully,<br>
we'll end torture and indefinite detention as a matter<br>
of law. And then, we need to work to make sure that<br>
hysteria and false facts don't sweep away the soul of<br>
the nation again." He then addressed those on trial<br>
directly, saying, "You are standing up for the soul of<br>
this nation."<br><br>
In the defendants' first closing statement, Father<br>
Emmett Jarrett, an Episcopalian priest from New London,<br>
CT, told Judge Wendell Gardner, "we came to the Supreme<br>
Court on January 11th with one intention-- to put<br>
dramatically before the court-both the Supreme Court and<br>
the higher court of public opinion and conscience-the<br>
plight of the men and boys detained at Guantanamo. We<br>
came to the Supreme Court on January 11th not to protest<br>
but to present a letter to the justices, asking them to<br>
act on behalf of detainees imprisoned at Guantanamo, to<br>
restore their human and legal rights-to give a voice to<br>
the voiceless."<br><br>
Arthur Laffin followed with a closing statement that<br>
touched on both legal and moral arguments for the<br>
defendants' innocence, and pleaded with the court and<br>
the prosecution to join the defendants in "ending the<br>
horrors." "The Nuremberg Accords," he asserted,
"state<br>
that individuals have a duty to prevent crimes against<br>
humanity and that if people don't act to prevent such<br>
crimes, they are actually complicit in them." He then<br>
concluded, "We, who are on trial today, along with many<br>
friends, refuse to be complicit in these crimes."<br><br>
After Laffin finished, Claire Schaffer Duffy, of<br>
Worchester, MA stood and stated, "on behalf of Abbas<br>
Hasid Rumi Al Naely, I stand by Art's closing<br>
statement." And then, one after the other, each pro se<br>
defendant also stood, stated their own name, the name of<br>
the prisoner at Guantanamo they carried on January 11<br>
and through the trial experience. Many were openly<br>
weeping as they stood.<br><br>
The action on January 11 was organized by Witness<br>
Against Torture, a group that formed in 2005 when 25<br>
people walked from Cuba to the U.S. detention facilities<br>
to protest conditions there. January 11, 2008 marked<br>
six years since the opening of U.S. detention facilities<br>
at Guantanamo Bay. The Supreme Court demonstrators were<br>
joined by protestors in London, Sydney, Edinburgh,<br>
Istanbul, Barcelona and throughout the world.<br><br>
Retired Admiral John D. Hutson, the former judge<br>
advocate general of the Navy, said of the Supreme Court<br>
demonstrators, "In the military, there is the concept of<br>
'calling in artillery onto your own position.' It refers<br>
to heroic action taken in desperate situations for a<br>
greater good. That's essentially what these courageous<br>
Americans are doing. They accept that there may be an<br>
adverse consequence to them personally but they believe<br>
drawing attention to the issue is worth the sacrifice."<br><br>
Witness Against Torture will continue its efforts to<br>
have the detention facilities at Guantanamo shut down<br>
and torture by United States ended.<br><br>
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