February, 17 2010, 03:29pm EDT
Ruling: No Court Can Hear Abuse and Wrongful Death Claims from Guantanamo
Yesterday evening, the district court in Washington, D.C. ruled against
two men who died in Guantanamo in June 2006 and their families in a
case seeking to hold federal officials and the United States
responsible for the men's torture, arbitrary detention and ultimate
deaths at Guantanamo.
NEW YORK
Yesterday evening, the district court in Washington, D.C. ruled against
two men who died in Guantanamo in June 2006 and their families in a
case seeking to hold federal officials and the United States
responsible for the men's torture, arbitrary detention and ultimate
deaths at Guantanamo.
Following a two-year investigation, the military concluded that the men
had committed suicide. Recent first-hand accounts by four soldiers
stationed at the base at the time of the deaths, however, raise serious
questions about the cause and circumstances of the deaths, including
the possibility that the men died as the result of torture.
In dismissing the case, the district court ruled that the deceased's
constitutional claims that it was a violation of due process and cruel
treatment to detain them for four years without charge while subjecting
them to inhumane and degrading conditions of confinement and violent
acts of torture and abuse, could not be heard in federal court. The men
were held on the basis of an "enemy combatant" finding by a Combatant
Status Review Tribunal later found by the Supreme Court itself to be
inadequate.
The district court held that the claims were barred by a
jurisdiction-stripping provision of the 2006 Military Commissions Act
that bars any challenge by a Guantanamo detainee to their treatment,
conditions, or any other aspect of their detention, while failing to
address the plaintiffs' arguments about the unconstitutionality of the
provision itself. The court also dismissed the deceased's claims under
the Alien Tort Claims Act, following a holding by the D.C. Circuit
Court in another detainee case that found that even torture or
seriously criminal conduct can fall within the proper "scope of
employment" of a government actor. Last, the court failed to consider
the merits of plaintiffs' claims under the Federal Tort Claims Act,
including for emotional distress by the families, by holding that the
U.S. military base at Guantanamo is still a "foreign country" for the
purposes of the Act.
"These men were tortured and detained for four years on the basis of an
arbitrary designation of 'enemy combatant' and died in the custody of
the United States military. They and their families should have the
right to have their claims heard at the very least," said Pardiss Kebriaei, staff attorney at the Center for Constitutional Rights.
"The court's decision is all the more troubling in light of recent
information that seriously undermines the official account of how these
men died, and creates an even greater urgency for transparency and
accountability."
On January 18, 2010, Scott Horton reported in Harper's Magazine
the accounts of four soldiers assigned to guard the camp where the
deceased were detained at the time of their deaths. The soldiers'
eye-witness accounts, including that of a ranking Army officer who was
on senior guard duty the night of the deaths, strongly suggest that the
deceased were taken to a secret "black site" at Guantanamo on the night
of their deaths and died at that site or from events that occurred
there. The undisclosed facility was thought to have been used by the
CIA or the Joint Special Operations Command of the Defense Department
to hold and interrogate detainees at Guantanamo. The soldiers further
describe a high-level cover-up initiated by the authorities within
hours of the men's deaths, and say they were ordered by their superiors
not to speak out.
Additional reports by Seton Hall University School of Law
analyzing the military's investigation files reveal major unanswered
questions and information gaps in the official account of the deaths,
including failures to review relevant available information and
interview material witnesses.
In June, a sixth man died at the base, Muhammad Ahmad Abdallah Salih,
also known as Al Hanashi, a 31-year-old Yemeni who had been detained at
Guantanamo Bay since 2002.
CCR represents the families of Yasser Al-Zahrani of Saudi Arabia and
Salah Al-Salami of Yemen, two men who were reportedly found dead along
with a third detainee, Mani Al-Utaybi of Saudi Arabia, in their cells
at Guantanamo on June 10, 2006. At the time of their deaths, Al-Zahrani
and Al-Salami had been detained incommunicado for more than four years
without charge. In letters found following their deaths, the men
described their conditions and abuse, including being beaten by teams
of military police known as the "Extreme Reaction Force," deprived of
sleep for up to 30 days at a time, subjected to desecration of the
Qur'an and forced shaving, and denied necessary medical care.
Al-Zahrani, who was 17 at the time of his arrest, wrote of the
"continuous oppression" of being isolated in a small cell each day and
prohibited human contact.
For more information and case documents in Al Zahrani, click here.
CCR has led the legal battle over Guantanamo for over eight years and
has been responsible for organizing and coordinating more than 500 pro
bono lawyers across the country in order to represent the men detained
there. CCR also works with men who were formerly detained and their
families to seek justice and accountability for the abuses suffered
during their imprisonment.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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'Important Step': EPA Finalizes Rule to Clean Up Forever Chemical Contamination
While praising the move, campaigners also said that the agency "must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses."
Apr 19, 2024
Environmental and public health advocates on Friday welcomed the Biden administration's latest step to tackle "forever chemicals," a new Superfund rule that "will help ensure that polluters pay to clean up their contamination" across the country.
"It is time for polluters to pay to clean up the toxic soup they've dumped into the environment," declared Erik D. Olson, senior strategic director for health at the Natural Resources Defense Council. "We all learned in kindergarten that if we make a mess, we should clean it up. The Biden administration's Superfund rule is a big step in the right direction for holding polluters accountable for cleaning up decades of contamination."
Per- and polyfluoroalkyl substances (PFAS)—called forever chemicals because they remain in the human body and environment for long periods—have been used in products including firefighting foam, food packaging, and furniture, and tied to various health issues such as cancers, developmental and immune damage, and heart and liver problems.
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public."
As part of the Biden administration's "PFAS Strategic Roadmap," the U.S. Environmental Protection Agency (EPA) rule designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Superfund law—the Comprehensive Environmental Response, Compensation, and Liability Act.
"President Joe Biden pledged to make PFAS a priority in 2020 as part of the Biden-Harris plan to secure environmental justice. Today the Biden EPA fulfilled this important promise," said Melanie Benesh, vice president for government affairs at the Environmental Working Group (EWG).
David Andrews, EWG's deputy director of investigations and a senior scientist, has led studies that have found that PFAS are potentially harming over 330 species and more than 200 million Americans could have PFOA and PFOS in their tap water.
"For far too long, the unchecked use and disposal of toxic PFAS have wreaked havoc on our planet, contaminating everything from our drinking water to our food supply," he noted. "Urgent action is needed to clean up contaminated sites, eliminate future release of these pollutants, and shield people from additional exposure."
Walter Mugdan, a volunteer with the Environmental Protection Network and the former Superfund director for EPA Region 2, explained that the "landmark action will allow the agency to more strongly address PFAS contamination and expedite cleanups of these toxic forever chemicals while also ensuring that cleanup costs fall on those most responsible—the industrial polluters who continue to manufacture and use them."
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public from these harmful compounds," added the former official, referencing the first-ever national limits on forever chemicals in drinking water that the agency finalized earlier this month.
As an EWG blog post detailed in anticipation of the new rule earlier this week:
A hazardous substance designation allows the EPA to use money from its Superfund—the EPA's account for addressing this kind of contamination—to quickly jump-start cleanup at a PFOA- or PFOS-polluted site and to recover the costs from the polluters. If a company that contributed to the PFAS contamination problem refuses to cooperate, the EPA can order a cleanup anyway and fine the company if they fail to take action.
[...]
When a chemical is added to the list of hazardous substances, the EPA sets a reportable quantity. Any time a substance is released above that quantity it must be reported. By imposing reportable quantities, the EPA will get immediate information about new PFAS releases and the chance to investigate immediately and, if necessary, take actions to reduce additional exposures. This information is also shared with state or tribal and local emergency authorities, so it can reach communities more quickly.
"For years, communities that have been exposed to these chemicals have been demanding that polluters be held accountable for the harm they have created and to pay for cleanup," Safer States national director Sarah Doll highlighted. "We applaud EPA for taking this step and encourage them to take the next step and list all PFAS under the Superfund law."
Liz Hitchcock, director of Safer Chemicals Healthy Families, the federal policy program of Toxic-Free Future, similarly celebrated the EPA rule, calling it "an important step forward that will go a long way toward holding PFAS polluters accountable and beginning to clean up contaminated sites across the country."
Like Doll, she also stressed that "until we declare the full class of PFAS hazardous and prevent further pollution by ending the use of all PFAS chemicals in common products like food packaging and firefighting gear, communities will continue to pay the price with our health and tax dollars."
Mary Grant, the Public Water for All campaign director at Food & Water Watch, agreed that further action is necessary.
"Chemical companies have attempted to hide what they have long known about the dangers of PFAS, creating a widespread public health crisis in the process," Grant emphasized. "These polluters must absolutely be held accountable to pay to clean up their toxic mess."
"Today's new rules are a necessary and important step to jump start the cleanup process for two types of PFAS," she said. "While we thank the EPA for finalizing these rules, much more is necessary: The EPA must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses of PFAS to stop the pollution in the first place."
Noting that it's not just the EPA considering forever chemicals policies, Grant called on Congress to "reject various legislative proposals to exempt for-profit companies, including the water and sewer privatization industry, from being held accountable to pay to clean up PFAS."
"It is an outrageous hypocrisy that large for-profit water corporations seek to privatize municipal water and sewer systems by touting themselves as a solution to PFAS contamination, and yet they want to carve themselves out of accountability for cleanup costs," she argued. "No corporation should have free rein to pollute."
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Green Groups Slam RFK Jr. as 'Dangerous Conspiracy Theorist and Science Denier'
"With so much at stake, we stand united in denouncing RFK Jr.'s false environmentalist claims."
Apr 19, 2024
A dozen national green groups on Friday published an open letter exposing what they say are the dangers of Robert F. Kennedy Jr.'s quixotic Independent U.S. presidential bid by highlighting his embrace of conspiracy theories and his use of language often spoken by climate deniers.
"Robert F. Kennedy Jr. is not an environmentalist. He is a dangerous conspiracy theorist and science denier whose agenda would be a disaster for our communities and the planet," the letter argues. "He may have once been an environmental attorney, but now RFK Jr. is peddling the term 'climate change orthodoxy' and making empty promises to clean up our environment with superficial proposals."
"The truth is, by rejecting science, what he offers is no different than Donald Trump," the signers asserted, referring to the former Republican president and presumptive 2024 GOP nominee.
The letter continues:
In the fact-free world that both he and Trump live in, objective reality simply does not exist. Their policy platforms are instead driven by what will benefit Big Oil and the greedy corporations that fund them. We know, however, that environmental progress depends on following scientific fact and putting people over politics.
With so much at stake, we stand united in denouncing RFK Jr.'s false environmentalist claims. We can't, in good conscience, let him continue co-opting the credibility and successes of our movement for his own personal benefit.
"RFK Jr. is a bleak reminder that our democracy is incredibly vulnerable," the letter adds. "Any support for this Kennedy-in-name-only will inevitably result in a second Trump term and the complete erosion of vital environmental and social gains made to date."
The letter is signed by the Center for Biological Diversity Action Fund, Friends of the Earth Action, LCV Victory Fund, Natural Resources Defense Council Action Fund, Climate Emergency Advocates, Climate Power, Earthjustice Action, Food & Water Action, NextGen America, Sierra Club Independent Action, Sunrise Movement, and 350 Action.
Earlier this month, the Kennedy campaign fired New York state director Rita Palma after she admitted that her "No. 1 priority" is to siphon votes from President Joe Biden—who she described as the "mutual enemy" of both the Kennedy and Trump voter.
Last month, More Perfect Unionreleased a video highlighting the ultrawealthy Republican donors and Trump backers who are also financing Kennedy's White House run, which many observers believe could play spoiler to Biden's reelection bid.
In a stinging rebuke, prominent members of the Kennedy political dynasty reaffirmed their support for Biden on Thursday. Numerous relatives have been urging Kennedy to drop out of the race.
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Youth Lead Global Strike Demanding 'Climate Justice Now'
"We are many people and youths who want to express our frustration over what decision-makers are doing right now: They don't care about our future and aren't doing anything to stop the climate crisis," one young activist said.
Apr 19, 2024
Ahead of Earth Day, young people around the world are participating in a global strike on Friday to demand "climate justice now."
In Sweden, Greta Thunberg joined hundreds of other demonstrators for a march in Stockholm; in Kenya, participants demanded that their government join the Fossil Fuel Non-Proliferation Treaty; and in the U.S., youth activists are kicking off more than 200 Earth Day protests directed at pressing President Joe Biden to declare a climate emergency.
"We're gathered here to fight, once again, for climate justice," Thunberg toldAgence France-Presse at the Stockholm protest, which drew around 500 people. "It's now been more than five and a half years that we've been doing the same thing, organizing big global strikes for the climate and gathering people, youths from the entire world."
"I lost my home to climate change. Now I'm fighting so that others don't lose their homes."
The first global youth climate strike, which grew out of Thunberg's Fridays for Future school strikes, took place on March 15, 2019. Since then, both emissions and temperatures have continued to rise, with 2023 blowing past the record for hottest year. Yet, according to Climate Action Tracker, no country has policies in place that are compatible with limiting global heating to 1.5°C above preindustrial levels.
"We are many people and youths who want to express our frustration over what decision-makers are doing right now: They don't care about our future and aren't doing anything to stop the climate crisis," Karla Alfaro Gripe, an 18-year-old participant at the Stockholm march, told AFP.
The global strikes are taking place under the umbrella of Friday's for Future, which has three main demands: 1. limit temperature rise to 1.5°C, 2. ensure climate justice and equity, and 3. listen to the most accurate, up-to-date science."Fight with us for a world worth living in," the group wrote on their website, next to a link inviting visitors to find actions in their countries.
Participants shared videos and images of their actions on social media.
European strikers also gathered in London, Dublin, and Madrid.
In Asia, Save Future Bangladesh founder Nayon Sorkar posted a video from the Meghna River on Bangladesh's Bola Island, where erosion destroyed his family's home when he was three years old.
"I lost my home to climate change," Sorkar wrote. "Now I'm fighting so that others don't lose their homes."
Also in Bangladesh, larger crowds rallied in Dhaka, Sylhet, Feni, and Bandarban for climate action.
"Young climate activists in Bandarban demand a shift to renewable energy and away from fossil fuels," said Sajjad Hossain, the divisional coordinator for Youthnet for Climate Justice Bangladesh. "We voiced urgency for sustainable energy strategies and climate justice. Let's hold governments accountable for a just transition!"
In Kenya, young people struck specifically to demand that the government sign on to the Fossil Fuel Non-Proliferation Treaty.
"As a member of the Lake Victoria community, the importance of the treaty in our climate strikes cannot be overstated," Rahmina Paullette, founder of Kisumu Environmental Champions and a coordinator for Fridays for Future Africa, said in a statement. "By advocating for its implementation, we address the triple threat of climate change, plastic pollution, and environmental injustice facing our nation."
"Halting fossil fuel expansion not only safeguards crucial ecosystems but also combats the unjust impacts of environmental degradation, ensuring a more equitable and sustainable future for our community and the wider Kenyan society," Paullette said.
In the U.S., Fridays for Future NYC planned for what they expected to be the largest New York City climate protest since September 2023's March to End Fossil Fuels. The action will begin at Foley Square at 2:00 pm Eastern Time, at which point more than 1,000 students and organizers are expected to walk across the Brooklyn Bridge to rally in front of Borough Hall.
The strike "is part of a national escalation of youth-led actions in more than 200 cities and college campuses around the country, all calling on President Biden to listen to our generation and young voters, stop expanding fossil fuels, and declare a climate emergency that meaningfully addresses fossil fuels, creating millions of good paying union jobs, and preparing us for climate disasters in the process," Fridays for Future NYC said in a statement.
The coalition behind the climate emergency drive, which also includes the Sunrise Movement, Fridays for Future USA, and Campus Climate Network, got encouraging news on Wednesday when Bloomberg reported that the White House had reopened internal discussions into potentially declaring a climate emergency.
"We're staring down another summer of floods, fires, hurricanes, and extreme heat," Sunrise executive director Aru Shiney-Ajay said in a statement. "Biden must do what right Republicans in Congress are unwilling to do: Stand up to oil and gas CEOs, create green union jobs, and prepare us for climate disasters. Biden must declare a climate emergency and use every tool at his disposal to tackle the climate crisis and prepare our communities to weather the storm. If Biden wants to be taken seriously by young people, he needs to deliver on climate change."
The coalition is planning events leading up to Monday including dozens of Earth Day teach-ins beginning Friday to encourage members of Congress to pressure Biden on a climate emergency and Reclaim Earth Day mobilizations on more than 100 college and university campuses to demand that schools divest from and cut ties with the fossil fuel industry.
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