What the last British resident in Guantánamo Bay couldn’t tell me
2:40 pm - May 2nd 2012
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contribution by Clive Stafford Smith
Last week, I travelled 3,500 miles to meet with the last British resident in Guantánamo Bay, Shaker Aamer. Under the Orwellian rules that govern legal visits with a prisoner there, everything he said to me is classified.
I have to submit my notes – in this case, almost 200 pages – to the US censors and they decide what I can, and cannot, tell his family, his British lawyers, and the world.
So I can tell you nothing that Shaker said. I can, though, tell you what I said to him.
I asked him whether he was still being held in solitary confinement in Camp V, Echo Block, where he was transferred last year? Can you imagine the claustrophobic impact on him of months in a small cell that does not even have a toilet – just a hole in the ground.
What was Shaker’s reply to me? I cannot tell you. It’s still a ‘state secret’.
I asked him whether the US military is still beating him up pretty much every day? They call it an FCE (a Forcible Cell Extraction), where soldiers in black Darth Vader outfits burst into the cell and drag him bodily out. His answer? I cannot say.
I asked him whether he was getting any medical care for his multiplicity of illnesses. His answer? I cannot say.
Why, you might ask, is all of this considered secret, a threat to US national security?
Obviously the fact that Shaker may be subject to cruel and degrading treatment is not a threat to national security – it does, however, threaten to embarrass politicians.
Obviously, Shaker’s medical complaints should not be classified — but perhaps the fact that he may be slowly dying reflects badly on the supposedly enlightened regime of Guantánamo Bay.
All this is as absurd as it is wrong. Yet it is part of a broader, very worrying trend that is being reinforced by Britain. The centrepiece of the British government’s ‘Green Paper’ on security issues is a plan for more secrecy in our courts, in large part to satisfy what is said to be the United States’ insistence that anything they say is classified should remain secret.
Indeed, the ‘Green Paper’ was supposedly designed to avoid a repetition of the Binyam Mohamed case, where the British courts had the audacity to release a brief synopsis of Binyam’s torture in US custody.
So should the British government be underwriting a US policy that is designed to keep the torture of prisoners secret? Or should the ‘Green Paper’ rather seek to fulfil our obligation under the UN Convention Against Torture to expose and investigate any allegation that torture has taken place?
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Clive Stafford Smith is the director of the charity Reprieve
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Reader comments
“What the last British citizen in Guantánamo Bay couldn’t tell me”
He isn’t a citizen.
The reason that he’s there is because Moazzam Begg told them that he was Al Qaeda.
http://online.wsj.com/article/SB10001424052970204468004577164904145708474.html
Oh come on, doesn’t anybody want to argue?
Surely there’s somebody out there who thinks that we ought to act quickly to import this imprisoned Al Qaeda militant who was briefly a UK resident into the United Kingdom?
@2
I think you missed the point somewhat.The contribution is about UK collusion with the US , the suppression of justice , covering up torture and other politically sensitive events through the illicit use of secrecy laws.
That usage of ‘citizen’ over ‘resident’ was my mistake, not that of the author. Clive used the correct terminology. Now amended.
“Surely there’s somebody out there who thinks that we ought to act quickly to import this imprisoned Al Qaeda militant who was briefly a UK resident into the United Kingdom?”
No, we ought to act quickly to bring charges against an individual guilty of serious crimes, so he can spend the rest of his life in jail once found guilty. Because that way we show we are better than the terrorists, and that countries with legal systems and the rule of the law are better than ones without. That way fewer people join organizations who want countries to be run as theocracies rather than democracies. Although that would certainly reduce republican party membership as well.
“The reason that he’s there is because Moazzam Begg told them that he was Al Qaeda. ”
If they wanted, he’d probably have said you were too.
As for using a WSJ oped as your argument from authority, really?
Clive Stafford Smith’s post has further poignancy because the Protection of Freedoms Act became law today. A few illiberal laws have been pulled back. Not enough of them, of course.
A couple of Bob-style links:
http://services.parliament.uk/bills/2010-12/protectionoffreedoms.html
Planeshift @5:
“No, we ought to act quickly to bring charges against an individual guilty of serious crimes…”
I thought that people weren’t, y’know, actually guilty until after they’ve faced something called ‘a trial’? No-one should be considered guilty merely because the bizzies or the spooks (or the meeja) say so.
Man on Clapham Omnibus
I think you missed the point somewhat.The contribution is about UK collusion with the US , the suppression of justice , covering up torture and other politically sensitive events through the illicit use of secrecy laws.
What collusion? There is none here. What suppression of justice? There is no evidence of torture. Never has been. As for the rest, that is just fantasy.
Planeshift
No, we ought to act quickly to bring charges against an individual guilty of serious crimes, so he can spend the rest of his life in jail once found guilty.
For what? He is not British. He did not commit any crimes in Britain. We have no interest in this man whatsoever. Maybe the Americans ought to act quickly to bring charges, but it is literally none of our business.
Because that way we show we are better than the terrorists, and that countries with legal systems and the rule of the law are better than ones without. That way fewer people join organizations who want countries to be run as theocracies rather than democracies. Although that would certainly reduce republican party membership as well.
Funny. But not true. The Left prefers countries without the rule of law. So does the media. People join such organisations because they hate liberal democracy not because they torture. As can be seen by the fact Al-Qaeda is uninterested in fighting Arab countries that oppress Muslims but is countries like Denmark which do not.
Jimmy
If they wanted, he’d probably have said you were too.
Why? Are you saying he is a lying weasel?
Why? Are you saying he is a lying weasel?
Torture is a very reliable method to retrieve information. Whether or not that information is actually accurate is anyone’s guess. I mean, if we strapped you to a chair and started demanding you to name names while waterboarding you, I’m sure it wouldn’t be long till we got the names of someone or other out of you.
“Why? Are you saying he is a lying weasel?”
No more than any of us I suspect. If someone asked me to name you as a terrorist operative in return for removing electrodes from my meat and two veg I’m ashamed to admit I’d probably think it a fair exchange. Don’t take it personally. Torture will usually motivate the victim to tell his interrogator whatever he thinks will make him stop. He is unlikely to be primarily concerned with accuracy. This has always struck me as a blindingly obvious observation.
There’s nothing wrong with a ”hole in the ground” toilet. He comes from the Middle East where they are the norm.
Is he still being tortured? The OP can’t say – so he might not be. It would be odd if they were still torturing prisoners who have nothing more to say because they’ve said it all already.
Is he getting medical treatment? The OP can’t say so what’s the point in saying that?
Have other prisoners received medical treatment? I’m sure the answer is yes.
It’s not ideal I admit. But it’s how Barack Obama wishes it to be.
Our apologist trolls are failing today.
Let’s assume this man is a mass murderer. Let’s assume, even though he hasn’t, that he’s been convicted by due process.
In that case, would it be fair for any government to ban the reporting of his treatment in jail? If Ian Huntley were being tortured by his guards with the consent of Ken Clarke, would that be ok? Would it be ok for Ken to ban reporting on the question of whether or not Huntley was being tortured?
@7 “The Judge”
“No, we ought to act quickly to bring charges against an individual guilty of serious crimes…”
You quote a sentence (above) that doesn’t say the person in the article is considered guilty, as a reason for due process. Charges should most definitely be brought against a person guilty of serious crimes, whether the person mentioned in this article is guilty or not is a totally separate matter. This is of course totally independent of whether the “bizzies or the spooks (or the meeja) say so.”.
10. Cylux
Torture is a very reliable method to retrieve information. Whether or not that information is actually accurate is anyone’s guess. I mean, if we strapped you to a chair and started demanding you to name names while waterboarding you, I’m sure it wouldn’t be long till we got the names of someone or other out of you.
It is indeed. Except Mr Begg has said that he was not tortured in Guantanamo. Claims of maltreatment have been investigated and the conclusion is that there is no evidence whatsoever that Mr Begg was maltreated in US custody. Therefore you have no reason to think he was tortured.
11. Jimmy
No more than any of us I suspect. If someone asked me to name you as a terrorist operative in return for removing electrodes from my meat and two veg I’m ashamed to admit I’d probably think it a fair exchange. Don’t take it personally. Torture will usually motivate the victim to tell his interrogator whatever he thinks will make him stop. He is unlikely to be primarily concerned with accuracy. This has always struck me as a blindingly obvious observation.
Indeed it is a blindingly obvious observation. As is the fact that the interrogator is most interested in the truth. Which is why torture so often works. However it is irrelevant here as Mr Begg did not have electrodes placed on his meat and two vegs.
12. damon
There’s nothing wrong with a ”hole in the ground” toilet. He comes from the Middle East where they are the norm.
Yes that was very culturally insensitive wasn’t it? Almost, dare I say it, racist. What is wrong with an Asian-style toilet?
Is he still being tortured? The OP can’t say – so he might not be. It would be odd if they were still torturing prisoners who have nothing more to say because they’ve said it all already.
No, the OP says he can’t say. But that is not true. He can say if the US censors allow him. He was only there last week. I expect that he is quite deliberately posting before they have made their decision so that he can claim his hands are tied. When in fact they are not.
13. John b
Let’s assume this man is a mass murderer. Let’s assume, even though he hasn’t, that he’s been convicted by due process.
In that case, would it be fair for any government to ban the reporting of his treatment in jail?
He is not in jail and he is not a criminal like other criminals. The normal laws do not apply. Guantanamo is a military facility where military rules apply.
14. Polfromthesl
Charges should most definitely be brought against a person guilty of serious crimes, whether the person mentioned in this article is guilty or not is a totally separate matter.
Umm, if he is guilty why bother bringing charges? You mean that someone who has provided a strong reason to believe is guilty should have charges brought?
Incidentally, we’ve found a solution to the problem of Guantanamo. We used it with a particularly nasty chap who was an Al Qaeda fundraiser, called Abu Rideh.
1. We let him leave the UK
2. He went to Afghanistan
3. We killed him there.
Easy!
Because you’re allowed to kill your enemies during a war.
Polfromthesl @14:
“Charges should most definitely be brought against a person guilty of serious crimes”
That’s two if you who have missed the point now.
The proper order of events is this: charged -> tried -> found guilty (if found guilty)
Not: found guilty (“We know ‘e did it, yerhonner, he’s a Bad Sort” -> charged -> tried.
Reactions: Twitter, blogs
- Louise Rolfe-Sanders
Read @CliveSSmith on the last Brit in Guantanamo, secrecy, & the threat of #secretjustice in the UK: http://t.co/QI12JJHT (via @libcon)
- sunny hundal
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Patrick Edwin Cooley
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Philip Wickett-Smith
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- @GrannyWils
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- jebusite1
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- AlmosJustice
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Y
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Ian Johnston
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Miqdaad
'What the last British resident in Guantánamo Bay couldn’t tell me' http://t.co/0EgwmVgz
- Adnan R.Siddiqui
What the last British resident in Guantánamo Bay couldn’t tell me. Brilliant piece on #ShakerAamer by @CliveSSmith http://t.co/mVCoeOqS
- Asim Qureshi
What the last British resident in Guantánamo Bay couldn’t tell me. Brilliant piece on #ShakerAamer by @CliveSSmith http://t.co/mVCoeOqS
- NoViolence NoSilence
What the last British resident in Guantánamo Bay couldn’t tell me. Brilliant piece on #ShakerAamer by @CliveSSmith http://t.co/mVCoeOqS
- Stephen Brown
At some point they should accept that they don't have a case. http://t.co/Jjc7cFH3
- Piran
Torture still happening in Guantánamo? We cannot say. http://t.co/IOanBSAg
- Simon Pearce
Good article : What the last British resident in Guantánamo Bay couldn’t tell me http://t.co/ni1fnm6j #reprieve #terror
- shezana
What the last British resident in Guantánamo Bay couldn’t tell me. Brilliant piece on #ShakerAamer by @CliveSSmith http://t.co/mVCoeOqS
- Gillian Dennehy
RT @libcon: What the last British resident in Guantánamo Bay couldn't tell me http://t.co/nQf6XbrX
- Swaleha Kassim
Read @CliveSSmith on the last Brit in Guantanamo, secrecy, & the threat of #secretjustice in the UK: http://t.co/QI12JJHT (via @libcon)
- Hisham G. K. Mohmand
Read @CliveSSmith on the last Brit in Guantanamo, secrecy, & the threat of #secretjustice in the UK: http://t.co/QI12JJHT (via @libcon)
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