February, 23 2009, 04:00pm EDT
CCR Releases Independent Report on Current Conditions at Guantanamo, Calls for Closure of Camps 5, 6, and Echo
Center for Constitutional Rights Experts Dispute Government Assertion That Guantánamo Complies With Geneva Conventions
NEW YORK
The Center for Constitutional Rights (CCR) released
a report on the current conditions in Camps 5, 6, and Echo following
the press conference today of Adm. Patrick M. Walsh, the vice chief of
naval operations, who delivered his own report on conditions to the
White House on Friday. Adm. Walsh determined in his report that
conditions at the base meet the standards of the Geneva Conventions, an
assertion the attorneys dispute.
CCR's report, "Conditions of Confinement at Guantanamo: Still in
Violation of the Law," covers conditions at Guantanamo in January and
February 2009 and includes new eyewitness accounts from attorneys and
detainees. The authors address continuing abusive conditions at the
prison camp, including conditions of confinement that violate U.S.
obligations under the Geneva Conventions, the U.S. Constitution and
international human rights law.
"The men at Guantanamo are deteriorating at a rapid rate due to the
harsh conditions that continue to this day, despite a few cosmetic
changes to their routines," said CCR Staff Attorney Pardiss Kebriaei.
"They are caught in a vicious cycle where their isolation causes
psychological damage, which causes them to act out, which brings more
abuse and keeps them in isolation. If they are going to be there
another year, or even another day, this has to end."
Despite President Obama's executive order of January 22, 2009,
requiring humane standards of confinement at Guantanamo and conformity
with "all applicable laws governing the conditions of such
confinement," including the Geneva Conventions, attorneys assert that
detainees at Guantanamo have continued to suffer from solitary
confinement, psychological abuse, abusive force-feeding of hunger
strikers, religious abuse, and physical abuse and threats of violence
from guards and Immediate Reaction Force (IRF) teams.
The majority of the men being detained are in isolation. They go weeks
without seeing the sun. Fluorescent lights, however, remain on 24 hours
a day in Camp 5. According to the report, "improvements" cited by the
military are, by and large, public relations activities rather than
meaningful improvements in detainees' conditions.
In a declaration made February 13, 2009, Col. Bruce Vargo, commander of
the Joint Detention Group at Guantanamo, stated that, "There are no
solitary confinement detention areas at JTF-GTMO...Detainees typically
are able to communicate with other detainees either face-to-face or by
spoken word from their cells throughout the day." By this, say
attorneys, he means that the men can yell through the metal food slot
in the solid steel doors of their cells when it is left open and
through the crack between the door and the floor.
The report details multiple cases of abuse occurring in the last month
and a half. For example, "On the afternoon of January 7, 2009, Yasin
Ismael was in one of the outdoor cages of Camp 6 for "recreation" time.
The cage was entirely in the shade. Mr. Ismael asked to be moved to
the adjoining empty cage because it had sunlight entering from the top.
The guards, who were outside the cages, refused. One guard told Mr.
Ismael that he was "not allowed to see the sun." Angered, Mr. Ismael
threw a shoe against the inner mesh side of the cage; which bounced
harmlessly back onto the cage floor. The guards, however, accused Mr.
Ismael of attacking them and left him in the cage as punishment. He
eventually fell asleep on the floor of the cage, but hours later he was
awakened by the sound of an IRF team entering the cage in the dark. The
team shackled him, and he put up no resistance. They then beat him.
They blocked his nose and mouth until he felt that he would suffocate,
and hit him repeatedly in the ribs and head. They then took him back to
his cell. As he was being taken back, a guard urinated on his head. Mr.
Ismael was badly injured and his ear started to bleed, leaving a large
stain on his pillow. The attack on Mr. Ismael was confirmed by at least
one other detainee."
One detainee in Camp 6 wrote to his attorney in January 2009, "As I
told you, we are in very bad condition, suffering from aggression,
beating and IRF teams, as well as the inability to sleep except for a
few hours. Soldiers here are on a high alert state and if one of us
dares to leave his cell and comes back without any harm, he is
considered as a man who survived an inevitable danger.
Hunger strikes continue among a large number of men at Guantanamo.
Hunger strikers are brutally force-fed using a restraint chair and
often unsanitary feeding tubes, and are beaten for refusing food, a
practice that continued within the last month and a half. Force-feeding
hunger strikers is considered by the World Medical Association to be a
violation of medical ethics and has continued unabated since President
Obama's Executive Order.
Detainees are still denied access to communal prayer: military
officials continue to classify hearing a call to prayer through a food
slot as communal prayer, which does not comport with the requirements
of Islam. There has been no Muslim chaplain at Guantanamo since 2003,
despite repeated requests. In addition, the report found that then men
are also subject to body search procedures that require the men to
subject themselves to a scanner that visually strips the men naked each
time they leave their cells for attorney meetings or recreation. This
humiliating and degrading experience, particularly given the men's
strong religious background, has led them to stay in their cells all
day, refusing attorney meetings and recreation entirely.
The Center for Constitutional Rights issued a series of recommendations
to ensure the conditions at Guantanamo satisfy legal standards for the
humane treatment of the detainees during the interim period while its
closure is being implemented. They are, in brief,
- Close Camps 5, 6 and Echo immediately, end solitary
confinement, and move the men there to facilities with lawful and
humane conditions of confinement. - End religious abuse of
detainees, including the violations of detainees' right to practice
their religion freely and the use of routine strip scanning and strip
searching. - Cease the use of IRF teams and all other
physical abuse of detainees immediately, including ending temperature
manipulation and sleep deprivation. - End the feeding of individuals against their will or under coercive circumstances.
- Allow
detainees immediate access to independent medical and psychological
professionals and cease the practice of forcible medication of
detainees.
"If President Obama is going to uphold the law and enforce his own
Executive Order, he must close Camps 5, 6, and Echo and improve
conditions immediately," said CCR Executive Director Vincent Warren.
"He should quickly remedy and end the Guantanamo created by his
predecessor, not embrace a whitewash of it. I hope Attorney General
Eric Holder has a freer hand to report the true conditions at the base
from his visit there today than did Adm. Walsh, whose boss has overseen
Guantanamo for the last two years."
To read the full report, click here.
CCR has led the legal battle over Guantanamo for the last six years
- sending the first ever habeas attorney to the base and sending the
first attorney to meet with a former CIA "ghost detainee" there. CCR
has been responsible for organizing and coordinating more than 500 pro
bono lawyers across the country in order to represent the men at
Guantanamo, ensuring that nearly all have the option of legal
representation. In addition, CCR has been working to resettle the
approximately 60 men who remain at Guantanamo because they cannot
return to their country of origin for fear of persecution and torture.
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
Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Apr 23, 2024
Environmental defenders on Tuesday ripped the company behind the Mountain Valley Pipeline for asking the federal government—on Earth Day—for permission to start sending methane gas through the 303-mile conduit despite a worsening climate emergency caused largely by burning fossil fuels.
Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
"Requesting an in-service decision by May 23 leaves the company very little time to implement the safety measures required by its agreement with PHMSA," Sims added. "There is no rush, other than to satisfy MVP's capacity customers' contracts—a situation of the company's own making. We remain deeply concerned about the construction methods and the safety of communities along the route of MVP."
Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
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POWHR and activists representing frontline communities affected by the pipeline are set to take part in a May 8 demonstration outside project financier Bank of America's headquarters in Charlotte, North Carolina.
Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
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Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."
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U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has filed a legal challenge in federal court in Texas, arguing that the FTC is unconstitutionally structured.
Still, the Democratic commissioners' vote was still heralded as a "seismic win for workers." Echoing Khan's critiques of such noncompetes, Public Citizen executive vice president Lisa Gilbert declared that such clauses "inflict devastating harms on tens of millions of workers across the economy."
"The pervasive use of noncompete clauses limits worker mobility, drives down wages, keeps Americans from pursuing entrepreneurial dreams and creating new businesses, causes more concentrated markets, and keeps workers stuck in unsafe or hostile workplaces," she said. "Noncompete clauses are both an unfair method of competition and aggressively harmful to regular people. The FTC was right to tackle this issue and to finalize this strong rule."
Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
"They didn't know that it would affect their wages and livelihood," Reyes stressed. "Most workers cannot negotiate their way out of a noncompete clause because noncompetes are buried in the fine print of employment contracts. A full third of noncompete clauses are presented after a worker has accepted a job."
Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
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One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
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Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
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"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
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As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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