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Death of a Hunger Striker
What are the implications for the US if the hunger strike in Guantanamo Bay result in death?
The result will be widespread rioting in the Muslim world. The deaths will further fuel the resolve and enhance the aims of Muslim terrorists. A possible fragmentation of what friends the US has left in the Middle East is also a possible outcome
On May 5, 1981, imprisoned Irish Catholic militant Bobby Sands dies after refusing food for 66 days in protest of his treatment as a criminal rather than a political prisoner by British authorities. His death immediately kicked-off widespread rioting in Belfast, as young Irish-Catholic militants clashed with police and British Army patrols and started fires.
Bobby Sands was born into a Catholic family in a Protestant area of Belfast, Northern Ireland, in 1954. In 1972, sectarian violence forced his family to move to public housing in a Catholic area, where Sands was recruited by the Provisional Irish Republican Army (IRA). The Provisional IRA, formed in 1969 after a break with the Official IRA, advocated violence and terrorism as a means of winning independence for Northern Ireland from Britain. (The Provisional IRA, the dominant branch, is generally referred to as simply the IRA.) After independence, according to the IRA, Northern Ireland would be united with the Republic of Ireland in a socialist Irish republic. In 1972, Sands was arrested and convicted of taking part in several IRA robberies. Because he was convicted for IRA activities, he was given “special category status” and sent to a prison that was more akin to a prisoner of war camp because it allowed freedom of dress and freedom of movement within the prison grounds. He spent four years there. After less than a year back on the streets, Sands was arrested in 1977 for gun possession near the scene of an IRA bombing and sentenced to 14 years in prison. Because the British government had enacted a policy of “criminalization” of Irish terrorists in 1976, Sands was imprisoned as a dangerous criminal in the Maze Prison south of Belfast. During the next few years, from his cell in the Maze, he joined other imprisoned IRA terrorists in protests demanding restoration of the freedoms they had previously enjoyed under special category status. In 1980, a hunger strike lasted 53 days before it was called off when one of the protesters fell into a coma. In response, the British government offered a few concessions to the prisoners, but they failed to deliver all they had promised and protests resumed. Sands did not take a direct part in the 1980 strike, but he acted as the IRA-appointed leader and spokesperson of the protesting prisoners. On March 1, 1981 (the fifth anniversary of the British policy of criminalization) Bobby Sands launched a new hunger strike. He took only water and salt, and his weight dropped from 70 to 40 kilos. After two weeks, another protester joined the strike, and six days after that, two more. On April 9, in the midst of the strike, Sands was elected to a vacant seat in the British Parliament from Fermanagh and South Tyrone in Northern Ireland. Parliament subsequently introduced legislation to disqualify convicts serving prison sentences for eligibility for Parliament. His election and fears of violence after his death drew international attention to Sands’ protest. In the final week of his life, Pope John Paul II sent a personal envoy to urge Sands to give up the strike. He refused. On May 3, he fell into a coma, and in the early morning of May 5 he died. Fighting raged for days in Belfast, and tens of thousands attended his funeral on May 7. After Sands’ death, the hunger strike continued, and nine more men perished before it was called off on October 3, 1981, under pressure from Catholic Church leaders and the prisoners’ families. In the aftermath of the strike, the administration of British Prime Minister Margaret Thatcher agreed to give in to several of the protesters’ demands, including the right to wear civilian clothing and the right to receive mail and visits. Prisoners were also allowed to move more freely and no longer were subject to harsh penalties for refusing prison work. Official recognition of their political status, however, was not granted.
(via oaken-shield)
Tensions Grow as Gitmo Hunger Strike Continues
Tensions Grow as Gitmo Hunger Strike Continues
Detainees Frequently Fainting as Health Worsens
Less than a week after a violent crackdown on detainees, Guantanamo Bay has a new problem, as hunger strikes are taking their toll and more and more prisoners are in failing health.
“Code yellow,” an emergency where a prisoner has lost consciousness, is now a regular event in the cellblocks, forcing medics to rush in and see if the detainee is still alive, or just passed out from hunger. So far, it has been the later, but as the strike continues it will eventually lead to deaths.
Over 100 prisoners are now believed to be involved in the hunger strike, which began in February to protest the confiscation of detainees’ Qurans during a security sweep. The Pentagon initially claimed only nine strikers, but now admit to over 50. They claim the rest aren’t “official” hunger strikers, and accused them of “cheating” and sneaking snacks.
Lawyers and human rights groups have urged reforms at the prison to end the strike, as well as releasing people already exonerated instead of just keeping them forever. The military seems to be taking the opposite approach, punishing strikers and putting everyone in solitary cells in the hopes of scaring them into abandoning the strike. With many detainees already cleared for release and apparently going nowhere, they remain convinced they have nothing to lose.
Pentagon Accessing Gitmo Defense Lawyers Emails
The long-troubled military trials at Guantanamo Bay were hit by revelations earlier this year that a secret censor had the ability to cut off courtroom proceedings, and that there were listening devices disguised as smoke detectors in attorney-client meeting rooms.
Now, another potential instance of compromised confidentiality at the military commissions has emerged: Defense attorneys say somebody has accessed their email and servers.
“Defense emails have ended up being provided to the prosecution, material has disappeared off the defense server, and sometimes reappeared, in different formats, or with different names,” said Rick Kammen, a lawyer for Abd Al Rahim Al Nashiri, who is accused of plotting the 2000 attack on the U.S.S. Cole.
The lawyers say they don’t know exactly who is accessing their communications. And it’s not yet clear whether the emails were intentionally grabbed or were scooped up mistakenly due to technical or procedural errors.
Either way, the lawyers are concerned.
In response to the apparent breaches, the military’s chief defense counsel ordered defense lawyers to stop using email for privileged or confidential communications.
“This follows on the heels of the seizure of over 500,000 e-mail containing attorney-client privileged communications as well as the loss of significant amount of defense work-product contained in shared folders,” Commander Walter Ruiz, one of the military defense counsels, said in an email.
The search of thousands of emails was revealed by the prosecution, attorneys say.
“The searches on their face looked to be fairly benign,” Kammen said. The defense emails turned up when prosecutors requested a search of prosecutors’ own emails. “The people who were doing the searches ended up providing all manner of defense material as well.” It’s not clear what department, agency, or office did the search.
It is not possible to corroborate the attorneys’ accounts because the full documents are undergoing security review, and are not yet public.
The Pentagon declined to comment, citing the ongoing trial.
In recent months, defense lawyers also realized that files were missing from their shared and personal servers. There is no evidence that the missing files are connected to the email searches.
“The main thing is that the integrity of the system as the whole is in very serious question,” said Commander Ruiz. The order to stop using servers and emails, “essentially cripples our ability to operate,” he said.
Hearings in Nashiri’s case were scheduled for next week, but in response to a motion from his lawyers, military judge James Pohlhas delayed the hearings for two months. Yesterday, lawyers for the 9/11 plotters also filed a motion regarding “Information Technology Corruption and Loss of Relevant Defense Files.”
These new concerns are the latest example of irregularities of military commissions overshadowing the actual facts of the cases brought before them. Pretrial hearings have been consumed by issues such as whether defendants can wear camouflage to court (they can), when mail can be read, and what exactly lawyers can discuss with or send their clients. The prosecution has also tried to prohibit “informational contraband,” including any material on “current political or military events in any country; historical perspectives or discussions on jihadist activities.” Copies of the 9/11 Commission Report and the memoirs of an FBI agent have been taken from defendants’ cells.
In cases before the commissions, defendants’ interactions with their attorneys are subject to strict controls. Orders aimed at protecting classified information govern most proceedings and lawyers have limited access to their clients. Defense lawyerspreviously had to get a security officer’s approval to use even mundane information from defendants. That requirement was loosened a bit, but details of the defendants’ time in CIA custody – including their own accounts of being tortured – are automatically classified.
There have been seven convictions under the military commissions. Another seven detainees are currently facing charges, and 24 others may yet be prosecuted. The government has deemed 46 detainees simply too dangerous to release but doesn’t plan to try them.
The Obama administration initially sought to try Khalid Sheikh Mohammed and the four other alleged 9/11 plotters in federal court in Manhattan, but reversed its position after heated opposition from Congress and New York City officials.
Though President Obama has thus far failed to fulfill his pledge to close Guantanamo, no one has been brought to the prison under the Obama administration. In recent months, a string of terror suspects have been extradited from foreign countries to face charges in U.S. courts.
UPDATE:
In a statement, Pentagon spokesman Lt. Col. Todd Breasseale disputed defense attorneys’ characterizations of the email and data breach described below, saying that none of the government prosecutors “saw the content of any privileged communications.”
The search was conducted by the Pentagon’s IT department. Breasseale said the reason prosecution ended up with defense emails at all was likely because a security officer “miscommunicated the search parameters.” As soon as one prosecutor “realized the search results included privileged material, the searches completely ceased, and, upon agreement of defense counsel … the IT department deleted all the search results from the two searches,” Breasseale said.
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Statement emailed to reporters by Pentagon spokesman Lt. Col. Todd Breasseale:
Perhaps the biggest myth in the current reporting is that US government prosecutors saw defense e-mails.
I can tell you unequivocally that NO prosecutor and no member of the privilege review team saw the content of any privileged communications. Only one prosecutor and only one member of the privilege review team each actually saw a single defense communication. To be clear: there were a series of searches for a particular piece of information in which both prosecution and defense took part. One prosecutor saw the email when reviewing results generated from the first search. The privilege-review attorney saw the email when reviewing the results generated from the second search. However, in both cases, they only saw the “To,” “From,” and “CC” lines, and the one prosecutor saw the opening salutation of the email (it was “team,” or some similar word) and saw NOTHING ELSE. As soon as that prosecutor realized the search results included privileged material, the searches completely ceased, and, upon agreement of defense counsel in Qosi, the IT department deleted all the search results from the two searches.
But more generally – though terrifically more importantly – the attorney-client privilege ranks among the oldest and most established evidentiary privileges known to our law, and we take this seriously. The fact that this arose from a defense-initiated petition, was promptly dealt with due to a PROSECUTION report, and that it is receiving appropriate focus to identify corrective measures, confirms that. All attorneys, including both our professional corps of defense and prosecuting attorneys, are duty-bound to safeguard privileged material. Attorneys are obligated to scrupulously avoid reviewing the other side’s privileged material. Specifically, the attorneys in the office of the chief prosecutor have demonstrated their respect for the attorney-client privilege and they diligently work to protect it.
In any complex litigation, privileged material sometimes accidentally ends up in the wrong place – from both ‘sides.’ For example, just last week, a member of the defense counsel mistakenly sent to a number of prosecutors an ex parte filing that was meant to be sent only to the court. Defense counsel notified the prosecution, and actions were immediately taken to protect the confidentiality of the filing. This sort of human error is unfortunate but not out of the ordinary in complex litigation in both civilian and military systems, and both sides work together to resolve any issues that arise.
Meanwhile, encryption–which is the recommended means of communication–would have precluded even this inadvertent and fully contained disclosure that involved no content.
So, if you’ll indulge me, I’d like to offer some point-for-point responses to some of the growing myths that are out there.
“[I]t was revealed that hundreds of thousands of defense e-mails were turned over to the prosecution.”
“In the latest controversy, the prosecution gained access to about 540,000 emails from defense teams.”
— This is patently FALSE. **The Enterprise Information Technology Services Directorate (EITSD) did not turn over any of the those emails to any attorneys—prosecution or otherwise. IT has maintained possession of these emails and the prosecution attorneys do not have access to them. Because no one has reviewed these emails, we simply do not know whether any of the emails included any defense emails.
“Defense attorneys said military IT personnel unsuccessfully tried to refine their search parameters two more times—and in each case discovered more confidential material.”
— The court wanted communications between the prosecution and the defense regarding waiver of appellate review. The office of the Chief Prosecutor (OMC-P) asked their IT professional, he relayed to them that they had to go through OMC Security Department (now part of Washington Headquarters Services), and OMC Security relayed that they would have to contact the search technicians with OMC-P’s search request. OMC-P gave the search parameters to OMC Security (including the names of the relevant prosecutors and defense attorneys, identifying who was a prosecutor and who was a defense attorney), and OMC Security was supposed to properly communicate them to the search technicians. The representative from OMC-Security miscommunicated the search parameters, which we asses is the likely reason it caused OMC-P to receive the privileged communications which, again, were never read by the prosecutors.
— The IT search that generated 540,000 emails was the third search. Again: no one has reviewed these emails, so we do not know if they include confidential material. After the first search, prosecutors directed IT to deliver any search results to a privilege review team composed of attorneys from the DOD OGC who had no involvement in the Qosi case before the United States Court of Military Commission Review or the Cole and 9/11 trials. IT has deleted the search results from the first two searches.
— Finally, the Office of Military Commissions (OMC), in toto – including both defense and prosecution – suffered from a nearly catastrophic server ‘crash,’ that affected not only the main server, but both of its back-up servers. The server ‘crash,’ coupled with the satellite latency issues that exist between computers here in the US and those at Guantanamo Bay, have caused losses of indiscriminate data across the OMC spectrum. Of the nearly 400 gb of data originally ‘lost,’ there remain some 7 gb yet to be accounted for. To be sure, this data loss – which affects the whole of OMC – is indeed indiscriminate and appears to be mostly affecting updates to pre-existing documents and new documents that were saved to the server and not e-mailed.
**Breasseale’s statement originally said that, “no one knows from where this “540k” number comes and I would direct you to the defense counsel who allege this number.” In a follow-up, Breasseale corrected that to say that “the 540k number comes from one of the prosecution’s pleadings.
via Pentagon Accessing Gitmo Defense Lawyers Emails | LeakSource.
‘Less-than-lethal rounds’ shot at Gitmo inmates resisting transfer to solitary
The US military says guards have clashed with prisoners at Guantanamo as officers were moving detainees from communal to single cells in attempt to end a hunger strike that started in February.
The detainees used self-made weapons to resist the transfer, thus forcing guards to fire, the US military said in a statement.
“Some detainees resisted with improvised weapons, and in response, four less-than-lethal rounds were fired,” Navy Captain Robert Durand said in a news release.
Officials say no guards or detainees have been seriously injured.
The reason for the move was explained because the detainees covered surveillance cameras, windows and partitions, preventing guards from observing them during a hunger strike that has been continuing for more than two months.
Round-the-clock monitoring is necessary to ensure security, order, and safety as detainees continued a prolonged hunger strike by refusing regular camp-provided meals,” Durand said.
Over the years Guantanamo detainees participated in various forms of protests, Durand explained to RT, adding that this new coordinated effort has created an “unsafe situation.”
“We made the decision to move detainees into individual cells based on the detainees’ continued efforts to block observation,” Durand stressed. “We recently determined that the risk to the health and security of certain detainees had reached an unacceptable level due to non-compliant behavior.”
Each detainee’s physical and mental health has been evaluated after the sweep.
“Detainees may continue to hunger strike as a form of protest,” Durand said, also adding that moving them into individual cells has allowed JTF to “ensure that detainees are not being coerced by other detainees to participate in the hunger strike.”
Although Guantanamo authorities claim the detainees were resisting with “improvised weapons,” Cindy Panuco, a lawyer representing one of them told RT that the truth is still to be determined as “there is no way they could have any sort of weapons.”
“That is interesting to find out they have makeshift weapons,” Panuco said. “Whenever we have gone down to visit our clients the only thing they are allowed are small ball-point inserts of a pen… almost like straws. That is pretty much all they are allowed. So I don’t see, especially given the invasive searches that were conducted in February, what kind of makeshift weapons the government is referring to.”
She believes that isolation is just another effort to undermine solidarity among the prison population.
“If they are together, if they are in a communal living space they can communicate and at least support each other and now that they are being isolated, it is another form of torment. To be taken away from your friends and comrades, who were there with you, makes it much more difficult to endure what is already a very difficult situation.”
People dress in orange jumpsuits and black hoods as activists demand the closing of the US military’s detention facility in Guantanamo during a protest, part of the Nationwide for Guantanamo Day of Action, April 11, 2013 in New York‘s Times Square. (AFP Photo/Stan Honda)
The detention camp at the Guantanamo Bay US Naval Base in Cuba holds 166 men, most of them captured more than a decade ago in different counter-terrorism operations.
Saturday’s early-morning sweep took place in Camp 6, a medium-security building where 80 to 100 detainees lived in cells that open into communal bays where they could eat, pray and watch television together. As part of the hunger strike, prisoners have been refusing to let food carts enter some of the bays.
Lawyers say most of Gitmo inmates are currently participating in the hunger strike. The US administration, however, is only acknowledging 43 cases, including 11 people who are being force-fed liquid nutrients through tubes inserted into their noses and down to their stomachs.
The hunger strike began in February in protest to the seizure of personal items from detainees’ cells. Some prisoners told their lawyers that their Qurans had been mistreated during the cell searches, which the US military denied.
Lawyers say the hunger strike is caused by the fact that most detainees are held there without being charged, overwhelmed by the depressing feeling they may never leave the prison.
Obama pledged to close the facility at the start of his first term, but has failed to do it so far.
via ‘Less-than-lethal rounds’ shot at Gitmo inmates resisting transfer to solitary — RT News.
via ‘Less-than-lethal rounds’ shot at Gitmo inmates resisting transfer to solitary — RT News.
Little reaction from human rights watchdogs as Gitmo hunger strike continues
After 42 days on hunger strike, though acknowledged by the US military, the protest by prisoners at Guantanamo Bay has so far been largely unacknowledged by international humanitarian organizations.
In a comment to RT the United Nations rights body said it is investigating allegations of mistreatment at America’s detention facility in Cuba.
“While aware of some of the allegations of mistreatment of inmates said to have provoked the hunger strike – which include undue interference with the inmates’ personal effects — we are still trying to confirm the details,” the spokesperson for the UN High Commissioner for Human Rights Navy Pillay said.
The Red Cross, which visited the island prison from February 18 to 23, was one of the few international organizations to comment on the situation at the Guantanamo detention camp. It acknowledged that a hunger strike was actually taking place, but so far the organization has only released a statement, stating “The ICRC believes past and current tensions at Guantanamo to be the direct result of the uncertainty faced by detainees.”
Military censorship makes it quite difficult to access any information about Gitmo prisoners. It was the attorneys for the detainees that first expressed urgency and grave concern over the life-threatening mass hunger strike that reportedly started in the Guantanamo Bay detention facility on February 6.
According to the Center for Constitutional Rights 130 prisoners went on a hunger strike to protest the alleged confiscation of personal items such as photos and mail and the alleged sacrilegious handling of their Korans.
Prison spokesman Navy Capt. Robert Durand, however, acknowledged only 21 inmates to be on hunger strike. He also denied all allegations of prisoners being mistreated.
Even if not for mistreatment and abuse, prisoners could have started the strike just to draw attention to their being kept in Guantanamo, with the US refusing to repatriate them, despite some being cleared for release.
“There are 166 people at Guantanamo. Of those there are probably 20 guys who are bad guys… like Khalid Sheikh Mohammed. The other people… more than half of them – 86 of them have been cleared at least for three years and some during the Bush administration – cleared as innocent people. And they are still there and they are frustrated,” says Thomas Wilner, a lawyer, who used to represent some of the Guantanamo detainees in court.
According to Durand, none of the inmates on hunger strike is in immediate health danger.
Lawyers for the prisoners believe otherwise. They have reported some of their clients had weight loss of up to or more than 20 pounds (8kg) and have been hospitalized. Medical experts say that by day 45, hunger strikers can experience potential blindness and partial hearing loss.
The Center for Constitutional Rights and habeas counsel have sent a letter to US Defense Secretary, Chuck Hagel, urging him “to address this growing crisis at Guantánamo before another man dies at the prison, this time under his watch. The hunger strike should be a wake-up call for the Obama Administration, which cannot continue to ignore the human cost of Guantánamo and put off closing the prison any longer.”
Meanwhile, JTF-GTMO announced that flights to the island prison from South Florida will be terminated on April 5. The step is seen by the prisoners’ attorneys as an attempt by the Defense Department to limit access to their clients.
via Little reaction from human rights watchdogs as Gitmo hunger strike continues — RT News.
via Little reaction from human rights watchdogs as Gitmo hunger strike continues — RT News.
U.S. says Gitmo hunger strike grows to 21 men
SAN JUAN, Puerto Rico — A hunger strike at the Guantanamo Bay prison has grown and now involves at least 21 men, a U.S. military official said Monday while denying reports trickling out from prisoners through lawyers that there is a more widespread protest and lives are in danger.
No prisoner faces any immediate health threat from the strike, though two have been admitted to the prison medical clinic because of dehydration, said Navy Capt. Robert Durand, a spokesman for the detention center at the U.S. base in Cuba.
In recent weeks, as lawyers returned from Guantanamo with accounts of clients weak from hunger and an angry standoff with guards, the military had said no more than a handful of prisoners met the definition of being on hunger strike, which includes missing nine consecutive meals.
That figure rose to 14 on Friday, and then grew by seven over the weekend. It has become the largest and most sustained protest at Guantanamo in several years, but Durand insisted there is no evidence to support reports of a strike involving most of the 166 men held there.
“The detainees certainly have the support of one another,” Durand said. “But if it was 166, I would tell you it was 166. I don’t have a reason to lowball or pad the numbers.”
A prisoner from Yemen, Yasein Esmail, told his attorney that he lost about 35 pounds (15 kilograms) after striking for 29 days and was struggling to keep his balance, according to notes taken by the lawyer, Washington-based David Remes, during a March 5 visit.
“Many of the detainees are desperate,” Esmail told his attorney. “They feel like they’re living in graves.”
The U.S. military does not identify hunger strikers and will not let journalists speak to prisoners so the account could not be verified.
A letter sent Thursday to Defense Secretary Chuck Hagel that was signed by more than 50 lawyers who have represented Guantanamo prisoners said they had received reports that “the health of the men has continued to deteriorate in alarming and potentially irreparable ways.” They urged him to meet with them and work out a solution with the military officials in charge of the prison.
Lawyers say the protest began Feb. 6, when a relatively new officer in charge of camp operations, Army Col. John Bogdan, ordered an intensive search of the communal pod-like area where a majority of detainees are held. Guards confiscated personal items such as family letters, photos and mail from attorneys. The prisoners also said government-issued Korans were searched in a way they considered religious desecration.
Another apparent factor in the protest is the fact that the U.S. has largely stopped transferring and releasing prisoners because of security restrictions imposed by Congress and the administration of President Obama.
Durand said there had been no changes in the way searches are conducted. He said Korans are searched for contraband by Muslim translators, not guards, and are treated in a respectful way. The protest is simply a way to attract attention, he said.
“They have sort of fallen out of the public view and most of the legal issues have been settled,” Durand said. “If you want to burst back into the media then you have to start complaining about either Koran abuse or detainee abuse or deteriorating conditions.”
Hunger strikes have been a fixture at Guantanamo since shortly after it opened in January 2002. The largest one began in the summer of 2005 and reached a peak of around 131 prisoners, when the facility held about 500 detainees. The U.S. military broke the protest by strapping detainees down and force-feeding them a liquid nutrient mix to prevent them from starving themselves to death. As of Monday, the U.S. was feeding eight of the 21 prisoners on strike, Durand said.