From: AlterNet
Truthout / By Jason Leopold
Guantanamo prisoners provide new details on the hellish prison camp to lawyers as a mass hunger strike continues.
Detainees at Guantanamo Bay.
Photo Credit: Shane T. McCoy/U.S. Navy/Wikimedia Commons
Photo Credit: Shane T. McCoy/U.S. Navy/Wikimedia Commons
April 22, 2013
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Abdulsalam Al-Hela does not understand why he and other Guantanamo prisoners reside in a perpetual state of legal limbo.
"Can
it really be true that US, with all its power, all over the world,
can't solve the problems of 100 men?" he asked his attorney, David
Remes, during a meeting in early March.
"Yes," Remes told the Yemeni prisoner. "It's true."
No one knows what to do with these living artifacts of a post-9/11 world.
Some
are waiting to stand trial for war crimes. Others - more than half -
have been cleared by the US government to be returned to their homelands
or other countries. All watch the days, weeks, months and years slip by
without resolution, regardless of status.
Al-Hela, who has been
detained without charge or trial for nearly a decade, and has been
stamped and unstamped with the label of al-Qaeda operative over the
years, has not eaten since February 6.
He is gaunt and weak like
dozens of other Guantanamo detainees who are participating in a
protracted hunger strike that is approaching three months. Al-Hela, who
walks with the aid of an aluminum cane, has lost more than 30 pounds in
the past 10 weeks.
This is not the first time prisoners have
refused sustenance to protest conditions at Gitmo, but it is the longest
and most pervasive, according to human rights lawyers like Remes, who
have sounded the alarm as their clients visibly deteriorated - mentally
and physically - with each visit.
Remes and other defense
attorneys have given Truthout access to unclassified notes they've taken
while meeting with their Gitmo clients.
Hunger strikes
historically have represented the only means of control the men are able
to exercise over their daily lives. And there is something about this
one that signals a new level of desperation and resolve.
Some have vowed to strike "to the death." Countless others have tried to hasten the process with suicide attempts.
What Hunger Strike?
In
early March, when journalists began to ask questions about a reported
hunger strike involving about 130 of 166 prisoners at Guantanamo, US
Defense Department officials disputed the assertions.
"There is
not a mass hunger strike amongst the detainees at GTMO," Army Lt. Col.
Todd Breasseale, a Pentagon spokesman, told Truthout March 4.
"Some
detainees have attempted to coordinate a hunger strike and have refused
meal deliveries, but the overwhelming majority of detainees are not
participating," he said, placing the number of strikers at a half a
dozen, "which is about what we have averaged for the past year."
A
"very limited few detainees" have engaged in sporadic hunger strikes
for several years, he added. And the Gitmo prisoners "peacefully
protest" from time to time about "a host of issues ranging from
availability of particular brands of breakfast cereal to enforcement of
long-established camp rules."
But too many gaunt prisoners were
telling their lawyers a different story, and the unclassified notes of
client meetings and phone calls, along with information Truthout
elicited in interviews conducted with officials at Guantanamo and the US
Defense Department, point to new developments and old frustrations that
precipitated the current crisis.
Changing of the Guard
Last
summer, a new guard force arrived at Guantanamo. The Navy personnel who
has previously patrolled the cellblocks were replaced by soldiers
returning from tours of duty in Iraq and Afghanistan.
Prisoners
complained to their lawyers bitterly and often about being "tormented"
and "provoked" by the guards. Attorney Carlos Warner, who represents
Kuwaiti detainee Fayiz al-Kandari, noted on March 20 that his client
complained not only of guards "provoking" the prisoners, but threatening
to kill them - a claim that Pentagon and Guantanamo officials have
vehemently denied in all cases.
On January 2, an unprecedented shooting incident ratcheted
up tensions at the $744,000 soccer field that the Joint Task
Force-Guantanamo built for compliant prisoners who reside at the
communal living quarters known as Camp 6.
Guantanamo spokesman
Capt. Robert Durand told Truthout the incident occurred after a detainee
attempted to climb the fence in the Camp 6 outdoor recreation yard, and
"a small crowd of detainees began throwing rocks at the guard tower.
"After
repeated warnings were ignored, the guard force was forced to employ
appropriate crowd dispersal measures," such as firing "nonlethal"
rounds, one of which hit an Afghan prisoner in the throat.
But a
Yemeni prisoner, Uthman Abdul Rahim Mohammed Uthman, and others told a
different story. He said it wasn't the prisoners who provoked the guard
force, but a guard who overreacted.
Uthman, who is one of 13
Guantanamo prisoners represented by Remes, told the Washington DC-based
lawyer, that prisoners were playing soccer when another prisoner
attempted to enter the recreation area. A guard in one of the two towers
positioned in the field said, "No."
"Detainee started shaking
door (very common)," Uthman said, according to Remes' March 7 notes.
"Guard in tower pointed rifle at him. Brothers in yard started shouting.
Guard swung around with his rifle and started shooting at them - just
one bullet, which hit a detainee in the throat."
On March 5, two
days before Remes spoke with Uthman, another client, Yasein Ismael, told
him the prisoners were "surprised when a guard in a tower pointed a gun
at detainees and shot into the group."
"They saw the gun as a
killing weapon," said Ismael, who had dwindled to 115 pounds when Remes
saw him last month. He was unable to keep his balance and had to drink a
"sugary water substance" to remain alert, the lawyer noted.
"I
talked to [Guantanamo's staff judge advocate], pysch ward people,
investigators; I told them I thought my life was in danger," Ismael said
after the shooting incident. "I didn't go out for a month because I
thought I'd be killed by mistake or on purpose. They keep creating
provocations, bringing Hummers with machine guns. No reason."
Uthman
insisted the men were not throwing rocks before the shot was fired, but
that one prisoner did afterwards. When the guard's bullet hit a
prisoner in the throat, all but one prisoner went to help him - the one
that threw the rock, he said.
"We were defenseless," Uthman said. "We had no weapons."
The
Afghan Taliban prisoner was not seriously injured, and he was
transferred to the maximum-security Camp 5, where he was held in
isolation for 30 days.
The prisoners responded to the incident by
staging a hunger strike that lasted for about five days. Uthman and
several other prisoners said an officer in charge (OIC) of his prison
block met with the prisoners following the shooting and apologized. The
OIC told the prisoners the guard who fired the shot would be
"court-martialed because he didn't get orders to shoot."
Clive
Stafford Smith, the director of UK-based human rights group Reprieve,
sent a letter to Rear Adm. John W. Smith, the commander of the prison,
requesting a formal investigation into the matter.
"What the guard did would seem to qualify at least as the criminal offense of assault," he wrote.
Former
Staff Sgt. Joseph Hickman, who worked at Guantanamo as a guard between
2006 and 2007, told Truthout that the guard who fired the round would
have been required to sign a sworn statement about the incident and then
an "after action report" would have been administered by his command,
copies of which Truthout has requested under the Freedom of Information
Act (FOIA). That request is still pending.
Durand, the Guantanamo
spokesman, did not respond to Truthout's questions as to whether the
guard followed the detention facility's "rules of engagement" and "rules
for the use of force." The policy spells out the protocol guards are to
follow "when force is necessary to protect or control detainees . . .
if time and circumstances permit." These include:
- Use the least amount of force necessary to stop escape.
- Fire with regard for the safety of innocent bystanders.
- A holstered weapon should not be unholstered unless you expect to use it.
- Report the use of force to your chain of command.
Shortly
after the prisoners broke their initial brief hunger strike, the OIC
came to Uthman's block with dozens of guards who confiscated legal
papers, eyeglasses and other personal items.
Uthman said the
prisoners protested by covering the surveillance cameras in their cells
so the guards would not be able to see their movements. The OIC returned
and again apologized to the prisoners, saying the materials that were
confiscated would be returned. The prisoners say they were not.
A week later, the OIC returned to one of the cellblocks in Camp 6 and locked it down.
"It was then that they searched the Koran," Uthman told Remes. "And that was the beginning of the big problem."
The Big Problem
Prisoners have claimed that their Korans have not been searched since May 2006.
That year, as Truthout previously reported,
Gitmo commander Adm. Harry Harris ordered guards to search the holy
books after several prisoners were found unconscious in their cells, the
result of what officials said were attempts to commit suicide by
ingesting near-lethal doses of medications.
Harris said when the
Korans were searched, guards found medications hidden in the bindings of
some. The prisoners, who viewed the handling of the Korans by
non-Muslims as a form of desecration, rioted and launched the second
major hunger strike at Gitmo, the first one having taken place in the
summer of 2005.
The May 2006 incident resulted in a new procedure
that precluded uniformed personnel from handling the Koran. Any future
searches involving the Koran would be conducted by civilian linguists.
"It
removes the potential for allegations of Koran abuse by the guard
force," Guantanamo spokesman Capt. Alvin Phillips told Truthout.
The
death last September of Adnan Farhan Abdul Latif, a Yemeni prisoner who
was also represented by Remes and identified as a frequent hunger
striker, is, in part, what led Col. John Bogdan, the commander of
Guantanamo's Joint Detention Group, to order Korans to be searched
again, according to military officials Truthout spoke with.
Latif's
death was classified as a suicide. Investigators probing the
circumstances surrounding his death concluded he hoarded enough
prescription medication for a lethal dose. They believe he may have
hidden the medication in his Koran.
Ismael said he believes the inspections began on February 4 or 5.
"An
officer ordered a Christian interpreter to search" the Korans, he told
Remes. "But interpreter refused. He said, 'search of Korans will create
major problems in the prison.' Officer replied: 'The Korans should be
searched, and this is what will happen.' Brother said, 'If this is what
you want to do, bring a Muslim interpreter and have him' do it. "This is
our holy book. We cannot hide anything in it. We can't insult our
religion."
The officer was undeterred, according to the prisoners.
"The
Korans . . . will be searched," Ismael recalled the officer saying.
"Then he ordered another interpreter to search the Korans. That
interpreter also refused. But officer forced him. . . . Some soldiers
say, "We did these Koran searches every day in Afghanistan. Why are you
so upset?"
That soldier was "sprayed" with a mixture of feces and
blood, according to another prisoner, Al-Khadr Abdullah Muhammed
al-Yafi, who said the guard responded by saying, "I can kill you
anytime."
An OIC, whom Uthman identified to Remes as the "Black
Leader," started to rile up prisoners by telling them that another "OIC
and soldiers were shooting" Korans.
"They started to provoke us," Ismael said. "We thought they wanted us to react violent to give excuse for them to harm us."
Prisoners
in another cell block "started breaking cameras in their cells and
anywhere else but the cameras were too strong," Uthman said.
Ismael
told the same story. He said the inspection of the holy books "really
upset" the prisoners. "They started banging on the doors in the
neighboring block."
What followed was a visit by a team of guards dressed in riot gear. They pulled up in Hummers.
"[Three] groups, one with gun, one with sticks and one with shields," Ismael said.
(Hickman,
the former Guantanamo guard, said Ismael was referring to the Quick
Reaction Force (QRF), "a 10-man team that is called in to handle major
incidents." As a staff sergeant at Guantanamo, Hickman said he was in
charge of the QRF teams for all of the camps.)
"We could see
through some holes in rec area," Ismael said, according to the notes.
"Brothers tried to forestall attack by agreeing to be peaceful. A
peaceful protest. We passed word to that block [that was attempting to
dismantle surveillance cameras], who calmed down. So we foiled the
Army's plan. But the guards entered any way. They used pepper spray on
the men from large canister. The [QRF] teams stayed for about two hours.
We were able to stay calm and then they left."
"That was the
beginning of the [hunger] strike," Uthman said. "We covered cameras,
stopped attending classes, had sit-ins. Everyone went on the hunger
strike."
Al-Hela, Remes's Yemeni client, said there have not been any incidents at the prison involving the Koran for years.
"Then new OIC came in. He made the changes, surely with green light from JDG [Joint Detention Group] chief," Al-Hela told Remes.
The prisoners offered to surrender their Korans and end their hunger strike instead of having them searched.
Guantanamo officials accepted the surrender of Korans in 2006, but have declined this time.
Yemeni
prisoner Salman Rabeii believes the offer was refused because Korans
provide the prisoners with "spiritual strength, so you will kill
yourselves if you take it away."
But fear of provoking suicide
isn't the only reason, Rabeii said. Guantanamo officials are also afraid
they'll "look bad in the media" if they deprive prisoners of religious
material.
Meanwhile, the lawyers grew increasingly concerned with
their clients' dramatic weight loss as the hunger strike stretched into
months. They banded together andwrote a letter to
Guantanamo Cmdr. Smith, Navy Capt. Thomas Welsh, the chief staff
attorney at Guantanamo, and Secretary of Defense Chuck Hagel saying the
prisoners' lives were in danger and asked them to immediately order a
stop to the Koran search.
Marine Col. William K. Lietzau, the deputy assistant secretary of defense for rule of law and detainee policy, responded to
the attorneys. He told them Korans have been searched because of past
"incidents" in which prisoners allegedly hid "improvised weapons,
unauthorized food and medicine and other items" in the holy book.
Meanwhile,
Guantanamo officials have steadily increased their official tally of
prisoners on hunger strike week by week. Today, it stands at 84,
although the prisoners say it is nearly twice that many. Detainees are
defined as hunger strikers by officials if they miss nine consecutive
meals.
Two weeks ago, after a delegation from the International
Committee of the Red Cross left Guantanamo, guards staged a predawn raid
at the communal camp and isolated prisoners into single cells in an
attempt to bring an end to the protest.
"This action was taken in
response to efforts by detainees to limit the guard force's ability to
observe the detainees by covering surveillance cameras, windows and
glass partitions," said a statement issued by Joint Task
Force-Guantanamo, which runs the prison. "Round-the-clock monitoring is
necessary to ensure security, order and safety."
Stafford Smith said Guantanamo officials are escalating the conflict.
"This kind of authoritarian escalation is why we have a problem, not a solution," he told Truthout.
A day before the raid, one prisoner tried to commit suicide; another attempted to take his life after the raid ended.
"Neither
was very successful or got very far," Durand said. "In both cases, the
guards intervened, the detainees were seen by medical for their physical
health, and both fortunately did not sustain injuries or permanent
harm. They have been seen by behavioral health specialists."
Some
attorneys told Truthout that prisoners attempted suicide even earlier
than last Friday. Durand described those incidents, which began at the
start of the hunger strike in February, as "suicidal ideations and
suicidal gestures, but nothing that raised to the level of suicide
attempts."
Dozens of questions Truthout sent via e-mail to Durand
over the past month about the claims leveled by Ismael, Uthman, Al-Hela
and other prisoners were not answered.
The lawyers' notes
exhaustively describe the accounts of prisoners who said they saw dozens
of other detainees falling unconscious and being hauled off to the
maximum-security camp by medical personnel to be held in isolation as
punishment for participating in the hunger strike, never to return to
compliant Camp 6.
"A detainee dropped unconscious," said Hussain
Almerfedi, a Yemeni prisoner, in a March 5 meeting with Remes. "We do
not know if he's alive.
Al-Hela said a prisoner who lost consciousness was taken to a solitary cell.
"Brothers
try to revive the one who lost consciousness to spare him camps," he
said on March 6. More than 20 have been sent to Camp 5, isolation, for
punishment."
Camp 5 now holds more prisoners than Camp 6, Guantanamo officials told reporters Tuesday.
Shaker
Aamer, the last British prisoner at Guantanamo, who organized a hunger
strike in 2005, has been held in isolation in Camp 5 for months. He told
Stafford Smith, his attorney, in a telephone call April 11 that he has
been subjected to violent forced cell extractions several times a day as
punishment for being a hunger striker.
"They are killing us," Aamer said, according to Stafford Smith's notes.
Ismael said that in an attempt to break the hunger strike, the temperature in the cells was lowered to 62 degrees.
"That's
very cold, especially for weak men," he said, adding that the response
from the guard force was "We're missing [an air conditioning] part,
which we need to import from US. We don't have the budget. The supply
ship is coming."
Other prisoners said they were prohibited from
discussing the hunger strike during phone calls with their family
members, and if they uttered a word about it their calls would be
disconnected.
On March 2, Ismael said a meeting took place between
the "colonel" and "one of our brothers" in an attempt to reach a
resolution to what was then a month-old hunger strike. It's unknown if
he is referring to Colonel Bogdan, the Joint Detention Group commander.
"Unfortunately,
the colonel had no solution," Ismael said. "Men just had to stop hunger
strike" before prison officials would entertain their demands.
Rabeii told Remes on March 7 the "chief doctor" was sent to negotiate with the prisoners.
"You're suffering. Why not break your hunger strike," Hassan recalled the doctor saying. "
But Uthman said the prisoners have vowed to "strike to death."
While
the inspection of the Korans may have been the catalyst behind this
most recent hunger strike, the driving force that sustains it is despair
over more than a decade of indefinite detention and no hope of ever
being released.
Ismael predicted he would be the next prisoner to
leave Guantanamo in a box. In a March 11 letter to Remes, he said the
hunger "is going toward the worst.
"I believe I am going to die in
this hunger strike and this might be my last letter, or today is
probably my last day in this world," he wrote.
Last week, Remes
was informed that Ismael is now one of 17 prisoners being kept alive by
being strapped to a restraint chair and force-fed.
Copyright, Truthout.org. Reprinted with permission.
Jason Leopold is lead investigative reporter of Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit jasonleopold.com
for a preview. His most recent investigative report, "From Hopeful
Immigrant to FBI Informant: The Inside Story of the Other Abu Zubaidah,"
is now available as an ebook. Follow Jason on Twitter: @JasonLeopold.
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