The Great Debate UK

A Bagram betrayal

– Clive Stafford Smith is the director of Reprieve, the UK legal action charity that uses the law to enforce the human rights of prisoners. The opinions expressed are his own. -

As the British death toll climbed above 200 in Afghanistan this week, it became clearer that the politicians were betraying the soldiers who they were sending to fight and die.

The government talks about winning the battle for “hearts and minds” in Helmand Province – apparently oblivious to the loaded history of that phrase. This was the mantra of those who wasted 50,000 American lives in a futile battle to impose democracy at the end of a gun barrel in Vietnam.

Napalm never won an election, and nobody can expect an Afghan to warm to the rule of law when he witnesses his people being locked up in Bagram Air Force Base every day — abused and held without trial for years in Guantanamo’s evil twin. Bagram already holds three times as many prisoners as the Cuban black hole, and $50 million is being spent on a new prison that will add another 1,100 cells.

Captain Kirk Black, an American soldier I met in Guantanamo Bay, is now stationed in the dusty backroad of Afghanistan. He e-mailed, asking Reprieve to represent Gul Khan, a local sheep farmer who had been locked up in Bagram in error. He said that if we could bring justice to an Afghan peasant, then he and his platoon would be a little bit safer. Gul Khan is now back with his flock, and I hope Capt. Black gets credit for his release.

Conversely, British politicians are endangering the lives of soldiers when they conspire with their American allies to perpetuate injustice in Bagram. This, ultimately, is the headline of the latest litigation we announced yesterday.

The background facts show Britain’s complicity in another illegal act of rendition. In 2004, the British arrested two men in Iraq, and turned them over to the Americans, who took them to Bagram. The men remain there to this day, daily abused and divorced from the most basic due process.

Bagram: Where the future of Guantanamo meets its tortuous past

- Moazzam Begg is Director for the British organisation, Cageprisoners. The opinions expressed are his own. -

Little seems to have changed regarding the treatment of prisoners held at the U.S. military-run Bagram prison since I was there (2002-2004). The recent study conducted by the BBC shows allegations of sleep deprivation, stress positions, beatings, degrading treatment, religious and racial abuse have gone unabated. On a personal level though, I can’t help wonder if British intelligence services are still involved.

In April this year, a report issued by Cageprisoners entitled Fabricating Terrorism II highlighted through eyewitness testimony the cases of 29 people, all of them either British residents or citizens, who had allegedly been tortured and abused in the presence of British intelligence agents or at their behest.

One of them, the case of Farid Hilali, featured in the Guardian newspaper, showed how allegations of complicity in torture against British intelligence predated the Sept. 11 attacks. The story of Jamil Rahman too – regarding allegations of British complicity in his torture in Bangladesh – would have been included in the report but he was worried at the time about the safety of his family. The recurrent factor in all these cases is the extent to which denial and prevarication remain as much a part of the intelligence services’ arsenal as outsourcing torture and abuse. The others include the British cases of Omar Deghayes, Bisher Al-Rawi, Jamil Elbanna, Richard Belmar, Shaker Aamer and Binyam Mohamed – all of whom were held at Bagram.

Shortly after I returned from Guantanamo my father showed me a letter he received from the British Foreign Office. The letter, written in 2002, claims that UK officials were not given access to prisoners in Bagram. At the time, I was being held captive there by the U.S. military and, amongst other alphabet intelligence agencies, was being interrogated by MI5, who were aware that torture, abusive and degrading treatment was being meted out to prisoners– including British citizens.

Bagram lesser known – but more evil – twin of Guantanamo

-Clara Gutteridge is renditions investigator at Reprieve. The opinions expressed are her own.-

The big surprise in Tuesday’s revelations of prisoner abuse at Bagram is how long these stories have taken to reach the international media, given the scale of the problem.

Bagram Airforce Base is Guantanamo Bay’s lesser known – but more evil – twin. Thousands of prisoners have been “through the system” at Bagram, and around 600 are currently held there. Meanwhile President Obama’s lawyers are fighting to hold them incommunicado; stripped of the right to challenge the reasons for their imprisonment.

In this way, Bagram Airforce Base is just the latest in a long line of U.S.-created legal black holes. And as evidence of abuse there has begun to leak out, the U.S. military has responded in exactly the same way as it did to similar allegations at Abu Ghraib and elsewhere: by insisting that the torture is just the work of a few low-ranking “bad apples” and repeating that the U.S. “does not torture”.

Sad to say, the truth has revealed itself to be just the opposite. Recently released U.S. government memos have shown the efforts of top U.S. lawyers to justify torture techniques to be used in prisons far from U.S. continental territory. Faced with such evidence, it is difficult to avoid the conclusion that prisons like Bagram were created in large part because the U.S. wanted to torture certain people held there.

The Obama administration argues that the prisoners in Bagram are not entitled to challenge their imprisonment because Afghanistan is in a state of war, and that therefore different legal rules apply. But many of the former Bagram prisoners, such as British residents Jamil El-Banna and Bisher Al-Rawi, were captured in countries far from the Afghan “battlefield”, and forcibly transferred into the war-zone. It seems wholly unfair that prisoners be denied rights simply because they have been kidnapped and rendered into a legal black hole.

In such renderings, the U.S. has not acted alone. The British government has recently admitted to capturing two men in Iraq who were handed to the U.S. and subsequently rendered to Afghanistan. Reprieve’s investigations suggest that these men were taken out of Iraq because the Abu Ghraib prisoner abuse scandal was breaking, and Afghanistan represented a safer, darker place to hold them indefinitely. Yet the British government refuses to assist us in our efforts to offer the men legal representation, preferring to allow them to languish in Bagram.

No we can’t: Obama’s Guantanamo

- Cori Crider represents 30 Guantánamo prisoners as an attorney with legal charity Reprieve. The opinions expressed are her own. -

You would be hard-pressed to find a kid more thrilled on Barack Obama’s first day in office than Mohammed el Gharani. On January 21, had you been standing at the right corner of Guantanamo Bay, you could have heard him whoop for joy when the U.S. President made history—so we thought—by closing the prison where el Gharani grew up.

It is four months since that decision. The president gave a speech, “clarifying” his plans for Guantanamo on Thursday. But I fear we will all look back on May 21, 2009, as the day real history was made—The Day President Obama Un-Closed Guantanamo.

In many ways the die seems already cast. The President revived the military commissions last week, a move that risks stretching the prison’s life out for months. Just two prisoners have left Guantanamo since January. One, Binyam Mohamed, had humiliated the U.S. and the UK over his torture; the other, Lakhdar Boumediene, had been ordered released by a federal judge.

It is unclear what the administration is waiting for in Mohammed el Gharani’s case. He was found innocent in court, just like Boumediene, and he has a country to go to. He could climb on a plane to Chad tomorrow, were the administration simply to wake up and do what it has been ordered to do.

In this, el Gharani is luckier than many—namely, Guantanamo’s sixty refugees, who require the U.S. or a goodwilled third country to save them from torture at home. For these men, the administration’s dithering spells disaster. For while the government frittered away the global goodwill that would have helped them house refugees in January, the right regrouped.