No Comment — September 30, 2010, 3:57 pm

No Federal Court Hearing in Camp No “Suicides” Case

Federal District Court Judge Ellen Huvelle declined a motion (PDF) to reopen a lawsuit by relatives of two of the Guantánamo prisoners who died on June 29, 2006. The Defense Department has claimed that three deaths that evening were suicides and that the prisoners all died in their cells on the A Block of Camp Delta. In “The Guantánamo ‘Suicides’: A Camp Delta sergeant blows the whistle,” I mustered evidence that the official story is improbable and that the deaths most likely occurred at a secret facility on the outskirts of Camp America known to perimeter guards as “Camp No.” After publication of the article, the claimants sought to reopen the case based on the discovery of new evidence, relying on my article.

While stating “it is, as plaintiffs argue, ‘disturb[ing]‘ that defendants allegedly ‘fought to keep secret virtually all information concerning the cause and circumstances of Al-Zahrani and Al-Salami’s deaths’ and that ‘details of an elaborate, high-level cover-up of likely homicide at a ‘black site’ at Guantanamo’ are now emerging,” the court’s decision turned entirely on technical points surrounding its jurisdiction over civil claims emanating from Guantánamo. Even if the prisoners had been the victims of intentional homicide carried out on written orders, a federal court would have no jurisdiction to entertain civil claims brought by their survivors against U.S. government actors, Judge Huvelle reasons, because “even seriously criminal and violent conduct can still fall within the scope of a defendant’s employment.” “Courts must leave to Congress the judgment whether a damage remedy should exist,” Judge Huvelle wrote.

The Justice Department retreated from its prior claims about “suicides” in defending the motion, though this is only because it was seeking resolution on purely technical, jurisdictional grounds, and it wanted to avoid discussion of the unpleasant facts surrounding the deaths.

General Talal Al-Zahrani, a retired Saudi police officer and, as the father of the deceased Yasser Al-Zahrani, a plaintiff in the suit, said “the courts should be investigating my son’s death and holding those responsible accountable. President Obama should be defending human rights and the democratic values the U.S. preaches to the world, rather than going to court to defend the lies and gruesome crimes of the Bush administration.”

The ruling is ultimately not surprising, because it is just what current precedent in the District of Columbia Circuit would indicate. But this is another case in which the doors of justice have been firmly slammed in the faces of those seeking redress for serious wrongdoing in American detention operations. Both the International Covenant on Civil and Political Rights and the Convention Against Torture, to which the United States is a state party, require the United States to provide enforceable remedies for violations to aggrieved parties. Judge Huvelle’s decision, combined with Congress’s failure to provide any alternative mode of redress, has placed the United States in breach, once more, of its treaty commitments.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2015

Loitering With Intent

= Subscribers only.
Sign in here.
Subscribe here.

A Polite Coup

= Subscribers only.
Sign in here.
Subscribe here.

Findings

What Went Wrong

= Subscribers only.
Sign in here.
Subscribe here.

Shooting Down Man the Hunter

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Legends of the Lost·

= Subscribers only.
Sign in here.
Subscribe here.

“A bond with reality has gone, and sometimes you wonder whether that fosters our feeling that movies are a fleeting art.”
Photograph by Alexander Perrelli
Article
What Went Wrong·

= Subscribers only.
Sign in here.
Subscribe here.

“In the seventh year of his presidency, Barack Obama was presenting himself as a politician who followed the path of least resistance. This is a disturbing confession.”
Photograph by Pete Souza
Article
Surviving a Failed Pregnancy·

= Subscribers only.
Sign in here.
Subscribe here.

“If this woman — who spent her days studying gray screens for early signs of gestation — could not see my pregnancy, what were the chances that anyone else would?”
Illustration by Leigh Wells
Article
Interesting Facts·

= Subscribers only.
Sign in here.
Subscribe here.

“My husband is forty-six. I am forty-five. He does not think that, in my forties, after cancer, chemotherapy, and chemically induced menopause, I can get pregnant again, but sisters, I know my womb. It’s proven.”
Photograph by McNair Evans
Post
Kid Chocolate’s Place·

= Subscribers only.
Sign in here.
Subscribe here.

“Cuban eyes often look close to tears.”
Illustration by the author

Number of British women killed last fall by lightning conducted through their underwire bras:

2

British women wear heels for fifty-one years on average, from the ages of twelve to sixty-three.

Thousands of employees of McDonald’s protested outside the company’s headquarters near Chicago, demanding their wages be increased to $15 per hour. “I can’t afford any shoes,” said one employee in attendance, “and I want Versace heels.”

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

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today