President Obama: Recapture the Human Rights High Ground

President Obama

US President Barack Obama gives a thumbs-up after winning the 2012 US presidential election in Chicago on November 7, 2012. Photo: SAUL LOEB/AFP/Getty Images

When President Obama was first elected in 2008, many human rights activists rejoiced. It had been eight long years where the United States tortured, detained hundreds without charge and trial and tried to justify the horrors of Abu Ghraib.  His first campaign for the White House offered the promise of an administration that would recapture the United States’ credibility on human rights issues, bringing detention practices in line with international law, repudiating secrecy and ensuring that human rights weren’t traded away in the name of national security.

More simply, President Obama promised a new dawn of American leadership, one in which human rights would be given more than lip-service.

Unfortunately, the first Obama administration broke many of its promises when human rights were pitted against national security interests. When it comes to countering terrorism, President Obama has hidden behind national security imperatives to shield administration policy in secrecy and pursue programs such as expanded drone use and thwarted accountability.

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Does Khalid Sheikh Mohammed Have Rights?

On Monday here at Guantánamo, I saw Khalid Sheikh Mohammed in person for the first time. He’s accused of leading involvement in the 9/11 attacks that killed 2,976 people. Proceedings against him and the four alleged 9/11 co-conspirators resumed at the U.S. Naval Station this week, in a military commission process that does not meet international standards for fair trials.

Ever since the 9/11 attacks, a crime against humanity, Amnesty International has been calling for those involved to be brought to justice. In a letter to President George W. Bush over 11 years ago, we wrote that in the wake of such a crime:

It is vital to maintain the highest respect for human rights and international human rights standards. This should include using every means available to bring those responsible for the 11 September attacks to justice within the framework of a fair and accountable criminal justice system, and with full respect for international standards for a fair trial. We urge your administration to adhere to such standards every step of the way towards the objective of justice, and to reject any resort to the death penalty in pursuit of this goal.

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What’s Going On At Guantanamo This Week? Shhh…It’s A Secret

camp justice guantanamo

Camp justice?

It’s no secret that I’m at Guantánamo this week to observe pre-trial motion hearings in the military commission case against Khalid Sheikh Mohammed and the four other alleged co-conspirators in the 9/11 attacks.

What is secret? According to U.S. authorities, everything the five defendants know, say or write–including about their time in CIA custody. It’s all “presumptively classified” Top Secret/Special Compartmented Information (TS/SCI).  Everything. From torture to what they ate for breakfast.

According to a defense motion filed against “presumptive classification” (one of several motions to be addressed at Guantánamo this week), “If a prisoner says that he misses his family, this information is ‘born classified’ even though no original classification authority would or could ever classify it.”

As Amnesty International’s report, “Wrong Court, Wrong Place, Wrong
Punishment” explains:
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Good News! Court Blocks NDAA Indefinite Detention Provision

guantanamo adnan latif

Protest in Washington DC of the 9th anniversary of the Guantanamo prison.

On Wednesday, a U.S. judge ruled that a provision in the 2012 National Defense Authorization Act (NDAA) that authorizes indefinite detention is unconstitutional, and blocked the government from using the provision to hold people without charge.

The ruling is a major win for the movement to end indefinite detention, which for over 10 years has been a hallmark of the human rights vaccum at Guantánamo and was codified in U.S. law last year by President Obama and Congress. Shamefully, the Obama administration has appealed.

Why care about indefinite detention?

Imagine you were locked up, accused of—but never charged with—a crime, and denied a fair trial to make your case. Seem farfetched?

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Guantanamo: Still Open, Still Violating Human Rights

Omar Khadr guantanamo

Omar Khadr has been held since he was 15 years old, and awaits transfer home to Canada as part of a plea deal.

Today, 168 people are imprisoned at Naval Station Guantanamo Bay by the US government.

I’ll be at Guantánamo this week to observe military commission proceedings in a case relating to the September 11 attacks. (When possible, I’ll share my thoughts from Guantánamo on the blog and on Twitter @ZekeJohnsonAi.) The case is resuming over three years after President Obama ordered the prison closed in one year.

All of the detainees at Guantánamo should already long ago have either been charged and tried fairly in civilian court, or been released to countries that would respect their human rights.

Instead, the US government continues to violate human rights at Guantánamo Bay. A 2010 government task force outlined the Administration’s plans:
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Military Commissions: Still a Failure

Camp Justice, Guantanamo Bay, Cuba

Last week a court in Brooklyn convicted Al Qaeda operative Adis Medunjanin of plotting to bomb the New York subway.

Bosnian-born US citizen Medunjanin conspired with Najibullah Zazi and Zarein Ahmedzay to launch a major attack before the anniversary of the 9/11 attacks in 2009.

U.S. intelligence and law enforcement officials disrupted the plot before anyone could get hurt, and arrested those involved.

Make no mistake, this plot represented a serious threat to the United States. It was conceived in 2008 by the then head of Al Qaeda’s external operations, Rashid Rauf.

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Eric Holder Unveils 'The Cake Doctrine'

Holder Discusses Obama Administration's Counterterrorism Efforts

U.S. Attorney General Eric Holder Discusses Obama Administration's Counterterrorism Efforts at Northwestern Law School March 5, 2012 (Photo by John Gress/Getty Images)

Speaking yesterday at Northwestern University the Attorney-General Eric Holder set out the clearest intellectual framework so far for the Obama administration’s evolving counterterrorism doctrine.

All good doctrines need a name and so I am going to take this opportunity to propose one for President Obama’s approach: ‘The Cake Doctrine.’

As in wanting to have your cake and eat it too.

The Cake Doctrine is an advance on the Bush Doctrine of pre-emptive self-defense in that President Obama has more faith in the courts and our system of justice than his predecessor did.

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Tweet for the Release of Walid Yunis Ahmad

Today marks the 12th anniversary of the unlawful detention of Walid Yunis Ahmad in the Kurdish Region of Iraq.

You may recognize his name. Perhaps the longest serving detainee in Iraq, Walid was featured in our report, “New Order, Same Abuses: Unlawful Detention and Torture in Iraq” and has been the subject of several Amnesty International actions.

Walid Yunis Ahmad is a Turkomen and father of three who worked for a local radio and TV station. He was arrested on February 6, 2000.

He was “disappeared” for three years, tortured, and detained without charge or trial for ten years. SEE THE REST OF THIS POST

Day of Action Against Guantanamo & NDAA

Wednesday, January 11 marked 10 years since the US government brought the first twenty Muslim men to the US Naval base at Guantanamo Bay, Cuba, in order to detain and interrogate them outside of the law.

People around the world protested the anniversary by issuing a resounding “Not in my name!” to the US government’s use of torture, indefinite detention and unfair trials, as part of the Day of Action Against Guantanamo and the 2012 National Defense Authorization Act (NDAA).

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10 Years On, 10 Reasons Guantanamo Must Be Closed

guantanamo protest france

(Pierre-Yves Brunaud)

Ten years ago today the first twenty prisoners arrived at the US military detention facility in Guantanamo Bay. As we mark this dismal anniversary, it is instructive to take a moment to reflect on the damage Guantanamo continues to do to the global cause of human rights.

Guantanamo is much more than simply the sum of its parts, and outlined below are 10 powerful anti-human rights messages that the continued existence of the detention facility sends out to the world:

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