Dennis Loo writes about why the U.S. has not closed
Guantanamo, and the curious continuation of the US prison at Bagram, after the
U.S. has "turned over" the prison to Afghan authorities, but is still denying
third country nationals habeas corpus rights because the prison's in a war
zone:
While Obama cites
Congressional interference for his inability to close GTMO, he has not
allowed Congressional interference and opposition to his drone assassination
program to stop him from using drones to kill thousands. Why is the POTUS
powerless in the first instance to act in spite of some Congressional opposition
and all powerful in the second, again in the face of Congressional
opposition?
As reported by McClatchy on December 24, 2013, the US
District Court of Appeals for D.C. upheld its earlier decision to once again
deny four Bagram prisoners rights to habeas corpus appeals (the right to
challenge their indefinite detention) on the grounds that Bagram is in a “war
theatre” and therefore habeas corpus rights can be legitimately suspended. As
McClatchy points out, the US is occupying, not waging war, according to its own
statements. It can further be added here a) that the US is the foreign occupying
force and any fighting going on is directly related to its continuing presence,
and b) that Bagram prison has since March 2013 formally been under Afghan
control. The ongoing power being exercised by the US occupiers, however, is
evident in the Court’s ruling where they state:
“We note that the Appellants’ current status is
unclear. Although the Government represented in May 2011 that it detained them
at the DFIP [Detention Facility in Parwan (DFIP), just outside Bagram], it has
since ceded the DFIP to Afghan control. The record does not disclose whether,
after that cession, the Appellants remain there or at some other facility and
the Government has not informed us of the Appellants’ current location. The
Appellants claim in their briefs—filed after the transfer of the DFIP to Afghan
control—that the United States continues to detain them at ‘a separate prison
facility at Bagram.’ …. Because the Government concedes its continuing custody
over four of the five Appellants, we accept the Appellants’ alleged location of
their detention as accurate for the purpose of our jurisdictional
analysis.”
Continue reading Why is Guantanamo Still Open?
Dennis Loo will speak,
along with Andy Worthington, at Cal Poly Pomona on January 17. The Close Guantanamo NOW
Tour kicks off in NYC tonight!
Follow World Can't Wait
on Twitter and Facebook for tonight's livestream details and tune
in no matter where you are.
Due to an injury, regrettably, after
January 9 in New York City, Debra Sweet will not be traveling on the Close
Guantanamo NOW Tour, and will be replaced by other World Can't Wait
leaders.
January 9-17: the Close
Guantanamo NOW Tour
Full tour schedule and details.
Above: Witness
Against Torture protesting for Guantanamo detainee Shaker Aamer at Union
Station, DC on January 8.
Speak Out
Against Prison for Non-violent Anti-Nuclear Weapons
ProtestersNuclear weapons themselves are illegitimate, and only
criminals use and maintain them. People who protest their use and maintenance
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