October, 28 2008, 02:22pm EDT
International Human Rights Tribunal Hears Guantanamo Detainees' Claims
WASHINGTON
Today, an international human rights tribunal met to review the U.S.
government's treatment of detainees at Guantanamo. The Inter-American
Commission on Human Rights (IACHR) convened the hearing to assess the
United States' compliance with urgent measures of protection issued for
Djamel Ameziane, an Algerian refugee detained without charge at
Guantanamo Bay for nearly seven years, and for all Guantanamo
detainees.
Attorneys with the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL) argued
for Mr. Ameziane and the detainees. Morris Davis, former Chief
Prosecutor for the military commissions at Guantanamo Bay, testified
about the inadequacy of the military commission proceedings at the
base. Representatives from the Department of State and the Organization
of American States attended the hearing on behalf of the government.
Mr. Ameziane is one of approximately 50 Guantanamo detainees who cannot
return to their home countries for fear of persecution and need third
countries to offer them protection in order to leave Guantanamo safely.
Last week, a coalition of human rights and religious groups filed an
application on his behalf for refugee resettlement in Canada, where he
has strong ties. Mr. Ameziane has family in Canada and lived in
Montreal for five years prior to his detention. The Anglican Diocese of
Montreal has applied to sponsor him through the Private Sponsorship of
Refugees Program.
"The IACHR has repeatedly called for the U.S. not to transfer detainees to countries where they face a risk of torture," said Pardiss Kebriaei, staff attorney at CCR.
"The U.S. has violated this call before, and we are concerned that it
may violate it again in the case of Mr. Ameziane. This hearing is an
important opportunity to raise these pressing concerns before a
respected international body."
Sold to the U.S. by bounty hunters, CCR client Djamel Ameziane has
suffered various forms of torture and abuse during his almost seven
years of near-incommunicado detention at Guantanamo, including brutal
physical beatings, extended solitary confinement, and being held down
while a water hose directed between his nose and mouth prevented him
from breathing and made him feel he was drowning. These allegations
are consistent with detailed reports of torture at Guantanamo by
international monitors and the U.S. government itself.
"The arbitrary and indefinite detention of hundreds of men at
Guantanamo Bay, as well as the efforts to grant immunity to those
involved in torture, stands in stark contrast with the United States'
stated ideals and aspirations to be a standard bearer for human
rights," said Michael Camilleri, staff attorney at CEJIL.
"The Inter-American Commission has long condemned the amnesty laws
adopted by Latin American dictatorships, and it must now condemn the
U.S.'s efforts to shield those responsible for torture and abuse at
Guantanamo Bay."
Today's hearing was the first time the IACHR heard claims on behalf of
an individual Guantanamo prisoner. The Commission expressed outrage at
the extensive allegations of Mr. Ameziane's abuse and arbitrary
detention at Guantanamo, and took the United States to task for its
refusal to allow the Commission unfettered access to the base
The Commission first issued precautionary measures for all Guantanamo
detainees in 2002 and has reiterated and expanded them several times
since then, calling for the United States to ensure detainees' rights
to a fair review of their detention and to humane treatment, and not to
transfer detainees to countries where they may be at risk of torture.
In addition, the IACHR ordered urgent precautionary measures to protect
Mr. Ameziane's life and integrity in response to a petition filed on
his behalf by CCR and CEJIL on August 6, 2008.
Mr. Davis, who resigned from his position in October 2007 and has since
been an outspoken critic of the commissions' lack of fairness and
independence and the admissibility of evidence obtained through
torture.
"I have no doubt that the United States would condemn any country using
that kind of evidence against an American citizen," said Davis. "How
can we condemn it when it's done to us but condone it when we do it to
others? There must be a prohibition on the use of evidence obtained by
unduly coercive means."
Established in 1959, the IACHR serves as an autonomous organ of the
Organization of American States (of which the United States is a
member) and is responsible for the promotion and protection of human
rights in the western hemisphere. For more information on the IACHR,
visit www.cidh.org.
For a video and audio recording of today's hearing, visit https://www.cidh.org/Audiencias/select.aspx.
For more information on CCR's work with Mr. Ameziane and documents relating to his IACHR case, click here.
The Center for Justice and International Law (CEJIL) is a non-profit,
non-governmental organization with consultative status before the
Organization of American States (OAS), the Economic and Social Council
of the United Nations (ECO) and the African Commission on Human and
Peoples' Rights - www.cejil.org.
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.
(212) 614-6464LATEST NEWS
Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
Apr 25, 2024
After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
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After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
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In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
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At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
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Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
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Jonathan Westin, executive director of Climate Defenders, asserted that "Citigroup's racist funding of oil, coal, and gas is creating climate chaos that's devastating communities of color across the country."
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Stop the Money Pipeline co-director Alec Connon said: "To have any chance of reigning in the climate crisis, we must stop investing in fossil fuel expansion. Yet, Citibank is pumping billions of dollars into new coal, oil, and gas projects."
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According to the protest organizers:
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A Biden administration spokesperson once again brushed off calls for an independent investigation into how hundreds of Palestinians found in mass graves near Gaza hospitals died when asked Thursday about new reports that many of the victims were tortured, summarily executed—and in some cases, buried alive by Israeli invaders.
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