No Comment — February 17, 2010, 11:50 am

Court Dismisses Suit Over Gitmo Deaths

Yesterday Judge Ellen Huvelle dismissed a lawsuit brought on behalf of the survivors of two of the three Guantánamo prisoners whose mysterious deaths on June 9, 2006 the United States government has labeled “suicides.” In “The Guantánamo ‘Suicides’: A Camp Delta sergeant blows the whistle,” I presented evidence disputing the government’s claims, starting with the eye-witness accounts of U.S. soldiers on guard duty that evening.

In the lawsuit, the families of Yasser Al-Zahrani and Salah Ali Abdullah Ahmed Al-Salami sought damages under the Alien Tort Claims Act, arguing that the two prisoners had been wrongfully imprisoned, tortured, and subjected to cruel, unusual, and inhuman punishment. In dismissing the suit, Judge Huvelle did not parse the claims brought by the Center for Constitutional Rights on behalf of the families of the deceased prisoners. Rather, she concluded that Congress had stripped the court of jurisdiction to hear and resolve such cases when it enacted the Military Commissions Act of 2006.

Pete Yost of the Associated Press reports:

The judge said the two detainees were properly determined by the U.S. military to be enemy combatants. Citing an appeals court decision, Huvelle said judicial involvement in the “delicate area” of how detainees are treated could undermine military and diplomatic efforts by the U.S. government on the terrorism front.

Al-Zahrani, 22 years old when he died, was captured in Afghanistan in late 2001 and he was 17 years old when he was transferred to Guantanamo in 2002, according to the suit by the men’s families. Al-Salami was arrested by local forces in Pakistan in March 2002.

Judge Huvelle’s conclusion that the detainees were “properly determined” to be “enemy combatants” runs contrary to the evidence. Both men were turned over to U.S. forces for bounty payments, and a thorough investigation of their cases by American military intelligence concluded that there was no meaningful evidence to link either man to either Al Qaeda or the Taliban. Al-Zahrani had been placed on a list to be released back to Saudi Arabia, immediately behind Mani Al-Utaybi, who also died under still unexplained circumstances on June 9, 2006, at approximately the same time as Al-Zahrani and Al-Salami, according to pathologists.

Pardiss Kebriaei, attorney with the Center for Constitutional Rights, who brought the suit on behalf of the deceased prisoners’ families, stated:

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. 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 underlines the need for transparency and accountability even more.

The decision to dismiss the cases follows from a Bush Administration effort to block judicial examination of any case involving the death or mistreatment of prisoners at Guantánamo, which was incorporated in the Military Commissions Act of 2006 as one of the last measures adopted by the G.O.P.-controlled Congress following elections that delivered control to the Democrats. Although President Obama, as an Illinois senator, voted against the act and joined in calls for its repeal, his administration has yet to take steps to overturn it. The measure, as applied by Judge Huvelle, placed the United States in breach of its obligations under the Convention Against Torture. Article 14 of the Convention provides:

Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.

For readers in Wisconsin and Northern Illinois: I’ll be on Wisconsin Public Radio’s “Here on Earth: Radio Without Borders” today at 3:00 CT to discuss the article and Judge Huvelle’s decision. Tune in and check here for the Wisconsin Public Radio station closest to you. Update: You can download a podcast from the program here.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

January 2017

The Monument Wars

= Subscribers only.
Sign in here.
Subscribe here.

The Trouble with Defectors

= Subscribers only.
Sign in here.
Subscribe here.

Over the River

= Subscribers only.
Sign in here.
Subscribe here.

House Hunters Transnational

= Subscribers only.
Sign in here.
Subscribe here.

The Lords of Lambeau

= Subscribers only.
Sign in here.
Subscribe here.

A Window To The World

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Illustration (detail) by Lincoln Agnew
Article
Over the River·

= Subscribers only.
Sign in here.
Subscribe here.

Ashley arrived for her prenatal appointment at Black Hills Obstetrics and Gynecology, in Rapid City, South Dakota, wearing a black zip-up hoodie and Converse sneakers.1 To explain her absence from work that morning — a Tuesday in April 2015 — she had told a co-worker that she was having “female issues.” She was twenty-five years old and eight weeks pregnant. She had been separated from her husband, with whom she had a five-year-old son, for the better part of a year. The guy who’d gotten her pregnant was someone she’d met at the gym, and he’d made it abundantly clear that he wanted nothing more to do with her. Ashley found herself hoping that the doctor would discover some kind of fetal defect, so that her decision would be easier. She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. “Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.”

In the exam room, she perched on the table with her feet crossed at the ankles, her blond hair brushing the back of her pink hospital gown. “I don’t know what’s available for me here,” she told her doctor, Katherine Degen, who sat facing her on a stool. “I figured nothing.”

 Some names and identifying details have been changed. 

“Big, fat zero, unfortunately,” Degen said, making a 0 with her fingers. The last doctor who provided abortions in Rapid City retired in 1986, three years before Ashley was born.

The baby was due in November, when Ashley, who was a nurse, hoped to be enrolled in a graduate program to become a nurse practitioner. Getting pregnant as a teenager had forced her to put that dream on hold, but she had thought that she was finally ready; she had even submitted her application shortly before the March 15 deadline. For the first time in her adult life, Ashley felt as if her plans were coming together. Then she missed her period.

It would be too difficult to attend school as a single mother of two, Ashley knew. She had made an appointment for three weeks from now at the nearest abortion clinic, in Billings, Montana, 318 miles away. But just a week and a half ago, her husband had said he wanted to get back together and offered to raise the child as his own. Was it a sign that she was meant to continue the pregnancy? As a rule, Ashley approached her problems with resolve. She was capable and tough; she liked shooting guns and lifting weights. She kept track of her stats and checked off her goals as she achieved them one by one. Yet the dilemma before her had shaken her confidence. She leaned back and turned to watch the ultrasound screen. The black-and-white image danced. A sharp, fast thumping emerged from the machine. As Degen removed the wand, Ashley wiped the corner of her eye.

Photograph (detail) by Brian Frank
Article
A Window To The World·

= Subscribers only.
Sign in here.
Subscribe here.

Ashley arrived for her prenatal appointment at Black Hills Obstetrics and Gynecology, in Rapid City, South Dakota, wearing a black zip-up hoodie and Converse sneakers.1 To explain her absence from work that morning — a Tuesday in April 2015 — she had told a co-worker that she was having “female issues.” She was twenty-five years old and eight weeks pregnant. She had been separated from her husband, with whom she had a five-year-old son, for the better part of a year. The guy who’d gotten her pregnant was someone she’d met at the gym, and he’d made it abundantly clear that he wanted nothing more to do with her. Ashley found herself hoping that the doctor would discover some kind of fetal defect, so that her decision would be easier. She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. “Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.”

In the exam room, she perched on the table with her feet crossed at the ankles, her blond hair brushing the back of her pink hospital gown. “I don’t know what’s available for me here,” she told her doctor, Katherine Degen, who sat facing her on a stool. “I figured nothing.”

 Some names and identifying details have been changed. 

“Big, fat zero, unfortunately,” Degen said, making a 0 with her fingers. The last doctor who provided abortions in Rapid City retired in 1986, three years before Ashley was born.

The baby was due in November, when Ashley, who was a nurse, hoped to be enrolled in a graduate program to become a nurse practitioner. Getting pregnant as a teenager had forced her to put that dream on hold, but she had thought that she was finally ready; she had even submitted her application shortly before the March 15 deadline. For the first time in her adult life, Ashley felt as if her plans were coming together. Then she missed her period.

It would be too difficult to attend school as a single mother of two, Ashley knew. She had made an appointment for three weeks from now at the nearest abortion clinic, in Billings, Montana, 318 miles away. But just a week and a half ago, her husband had said he wanted to get back together and offered to raise the child as his own. Was it a sign that she was meant to continue the pregnancy? As a rule, Ashley approached her problems with resolve. She was capable and tough; she liked shooting guns and lifting weights. She kept track of her stats and checked off her goals as she achieved them one by one. Yet the dilemma before her had shaken her confidence. She leaned back and turned to watch the ultrasound screen. The black-and-white image danced. A sharp, fast thumping emerged from the machine. As Degen removed the wand, Ashley wiped the corner of her eye.

Artwork by Imre Kinszki © Imre Kinszki Estate
Article
The Lords of Lambeau·

= Subscribers only.
Sign in here.
Subscribe here.

Ashley arrived for her prenatal appointment at Black Hills Obstetrics and Gynecology, in Rapid City, South Dakota, wearing a black zip-up hoodie and Converse sneakers.1 To explain her absence from work that morning — a Tuesday in April 2015 — she had told a co-worker that she was having “female issues.” She was twenty-five years old and eight weeks pregnant. She had been separated from her husband, with whom she had a five-year-old son, for the better part of a year. The guy who’d gotten her pregnant was someone she’d met at the gym, and he’d made it abundantly clear that he wanted nothing more to do with her. Ashley found herself hoping that the doctor would discover some kind of fetal defect, so that her decision would be easier. She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. “Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.”

In the exam room, she perched on the table with her feet crossed at the ankles, her blond hair brushing the back of her pink hospital gown. “I don’t know what’s available for me here,” she told her doctor, Katherine Degen, who sat facing her on a stool. “I figured nothing.”

 Some names and identifying details have been changed. 

“Big, fat zero, unfortunately,” Degen said, making a 0 with her fingers. The last doctor who provided abortions in Rapid City retired in 1986, three years before Ashley was born.

The baby was due in November, when Ashley, who was a nurse, hoped to be enrolled in a graduate program to become a nurse practitioner. Getting pregnant as a teenager had forced her to put that dream on hold, but she had thought that she was finally ready; she had even submitted her application shortly before the March 15 deadline. For the first time in her adult life, Ashley felt as if her plans were coming together. Then she missed her period.

It would be too difficult to attend school as a single mother of two, Ashley knew. She had made an appointment for three weeks from now at the nearest abortion clinic, in Billings, Montana, 318 miles away. But just a week and a half ago, her husband had said he wanted to get back together and offered to raise the child as his own. Was it a sign that she was meant to continue the pregnancy? As a rule, Ashley approached her problems with resolve. She was capable and tough; she liked shooting guns and lifting weights. She kept track of her stats and checked off her goals as she achieved them one by one. Yet the dilemma before her had shaken her confidence. She leaned back and turned to watch the ultrasound screen. The black-and-white image danced. A sharp, fast thumping emerged from the machine. As Degen removed the wand, Ashley wiped the corner of her eye.

Photograph (detail) by Balazs Gardi
Article
With Child·

= Subscribers only.
Sign in here.
Subscribe here.

"She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. 'Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.'"
Photograph (detail) by Lara Shipley

Months after Martin Luther King Jr. publicly called the U.S. the “world’s greatest purveyor of violence ‚” that he was killed:

2

Temporary, self-absorbed sadness makes people spend money extravagantly.

In Colombia, U.N. delegates sent to serve as impartial observers of the peace process aimed at ending the half-century-long war between the FARC and the Colombian government were chastised after they were filmed dancing and getting drunk with FARC fighters at a New Year’s Eve party.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today