Depressed and driven to the point of desperation, Nabil joined a hunger strike in February. This was not Gitmo’s first hunger strike, but it has attracted the most attention. As it gained momentum, and as Nabil and his fellow prisoners got sicker, the Obama administration was backed into a corner. The president has taken justified heat as his bold and eloquent campaign promises to close Gitmo have been forgotten. Suddenly, he was faced with the gruesome prospect of prisoners dropping like flies as they starved themselves to death while the world watched. Instead of releasing Nabil and the other prisoners who have been classified as no threat to the United States, the administration decided to prevent suicides by force-feeding the strikers.
Nabil has not been the only “mistake” in our war on terror. Hundreds of other Arabs have been sent to Gitmo, chewed up by the system there, never charged and eventually transferred back to their home countries. (These transfers are carried out as secretly and as quietly as possible.) There have been no apologies, no official statements of regret, no compensation, nothing of the sort. The United States was dead wrong, but no one can admit it.
I just don’t understand how they can keep someone for 3 years after they are cleared for release?!
In all of the mainstream media analysis of WikiLeaks’ recent release of Detainee Assessment Briefs (DABs) from Guantánamo, relating to almost all of the 779 prisoners who have been held at the prison over the last nine years and four months, one group of prisoners has so far been overlooked: the Yemenis.
The most unfortunate group of men in Guantánamo, the Yemenis — 89 in total — make up over half of the 172 prisoners still held. In 2006 and 2007, when the majority of the Saudi prisoners were released, as part of a political settlement between the Bush administration and the Saudi government, which introduced an expensive rehabilitation program to secure the return of its nationals, no such deal took place between the US and President Saleh of Yemen.
Just 23 Yemenis have been released from Guantánamo throughout its history, and those who remain have found themselves used as political pawns. When President Obama established the Guantanamo Review Task Force to examine the cases of all the remaining prisoners in 2009, the Task Force — a collection of sober officials and lawyers from various government departments and the intelligence agencies — recommended that 36 Yemenis should be released immediately, and that 30 others should be held in a new category of imprisonment — “conditional detention” — until the security situation in Yemen was assessed to have improved.
The Task Force also recommended that five others should be put forward for trial, and 26 others held indefinitely without charge or trial.
The designation of this latter group for indefinite detention — as part of a group of 48 prisoners in total — dismayed human rights activists and supporters, in general, of the principle that preventive detention is only authorized if the prisoners in question are enemy prisoners of war, removed from the battlefield until the end of hostilities.
This should not have been a contentious viewpoint, but it was a sign of the paranoia regarding Guantánamo — which was deliberately engendered by the prison’s supporters, and bought into by Obama administration officials — that few voices of dissent were raised when the President attempted to justify holding 48 men indefinitely because they were regarded as too dangerous to release, even though there was insufficient evidence to put them on trial.
In the real world, rather than the permanently spooked world of Guantánamo and terrorism, this would mean that there was no evidence, and that what the government had instead was multiple levels of hearsay and information extracted through torture. And this, indeed, is what has become apparent in the Detainee Assessment Briefsreleased by WikiLeaks, which have demonstrated that much of the government’s supposed evidence — against prisoners who, presumably, include some of these 48 men — was either extracted from “high-value detainees” likeAbu Zubaydah, who were tortured in secret CIA prisons, or from informants within Guantánamo, who were bribed or coerced to tell lies about their fellow prisoners.
The 28 Yemenis “approved for transfer” from Guantánamo, and the poor reasons for their ongoing detention
Beyond these 48 men, however, and the 26 Yemenis included in the total, the Yemenis cleared for release (or “approved for transfer,” in the careful words of the Task Force) have fared no better. Although President Obama released one Yemeni who had won his habeas corpus petition in the fall of 2009, and six others the week before Christmas, the capture, on Christmas Day 2009, of a would-be plane bomber, Umar Farouk Abdulmutallab, a Nigerian who had apparently been recruited in Yemen, caused a sudden backlash against releasing any more Yemenis from Guantánamo, which President Obama accepted without criticism, imposing a moratorium on releasing any Yemenis that is still in place 16 months later. (This moratorium lasted from 2009 to May 2013 when he lifted the ban because of the ongoing hunger strike. So no prisoners who were cleared for release were able to leave during this time.)
Since January 2010, just one Yemeni has been freed — a patently innocent man who also won his habeas corpus petition — while, in general, a terrible injustice has been allowed to prevail. On the one hand, this involves the US government endorsing guilt by nationality, and being content to tar the whole of Yemen as a terrorist nation that cannot be trusted with looking after prisoners released from Guantánamo, and on the other it involves supporters of Guantánamo telling deliberate lies about the Yemenis, by claiming that released Yemenis have “returned to the battlefield” in significant numbers, when only two examples have been reported — one who was subsequently killed in an airstrike, and another who surrendered to the Yemeni authorities.
In fact, the majority of the alleged recidivists in the Gulf — around a dozen ex-prisoners — are Saudis, released by President Bush against the advice of his own intelligence agencies, who identified them as a threat. These men passed through the rehabilitation program but then some of them crossed the border into Yemen to join Al-Qaeda in the Arabian Peninsula, a small terrorist cell inspired by Osama bin Laden’s example.
As a result of President Obama’s moratorium, the remaining 28 men cleared for immediate release by the Task Force but still held have been consigned to a fate that, in effect, is no different from the 48 men held indefinitely without charge or trial. The identities of these men have not been publicly announced, and it has not been possible to identify all of them, but 19 cleared Yemenis who are still held are identified in the WikiLeaks documents.
Officials said that detainees would have their cases dealt with on an individual basis, raising the prospect of a few prisoners being freed from Guantánamo one-by-one in the next few weeks rather than any wholesale transfer.
In a statement, the government of Yemen welcomed the move and pledged to “ensure the safe return of its detainees and … their gradual rehabilitation and integration back into society”.
Obama said that he would appoint a senior envoy at the State Department and the Defense Department whose sole responsibility would be to examine ways of transferring detainees to other countries. He had also asked Pentagon officials to come up with another site where military tribunals could take place to prosecute alleged terrorists.
Finally, he said that those detainees who had yet to be charged in those tribunals could be dealt with by the US civilian justice system – as several recent high-profile terrorism cases have been. “Where appropriate, we will bring terrorists to justice in our courts and military justice system. And we will insist that judicial review be available for every detainee,” he said.
*It’s also important to note that this moratorium on releasing innocent prisoners (???) was only lifted in an attempt to appease the majority of the prisoners at Guantanamo who were (& 106 still are) on a hunger strike & not because Obama has decided to keep his first term promise of closing the prison.
July 7, 2013
Doctors under contract with the California Department of Corrections and Rehabilitation sterilized nearly 150 women inmates from 2006 to 2010 without required state approvals, the Center for Investigative Reporting has found.
At least 148 women received tubal ligations in violation of prison rules during those five years – and there are perhaps 100 more dating back to the late 1990s, according to state documents and interviews.
From 1997 to 2010, the state paid doctors $147,460 to perform the procedure, according to a database of contracted medical services for state prisoners.
The women were signed up for the surgery while they were pregnant and housed at either the California Institution for Women in Corona or Valley State Prison for Women in Chowchilla, which is now a men’s prison.
Former inmates and prisoner advocates maintain that prison medical staff coerced the women, targeting those deemed likely to return to prison in the future.
Crystal Nguyen, a former Valley State Prison inmate who worked in the prison’s infirmary during 2007, said she often overheard medical staff asking inmates who had served multiple prison terms to agree to be sterilized.
"I was like, ‘Oh my God, that’s not right,’ " said Nguyen, 28. "Do they think they’re animals, and they don’t want them to breed anymore?"
One former Valley State inmate who gave birth to a son in October 2006 said the institution’s OB-GYN, Dr. James Heinrich, repeatedly pressured her to agree to a tubal ligation.
"As soon as he found out that I had five kids, he suggested that I look into getting it done. The closer I got to my due date, the more he talked about it," said Christina Cordero, 34, who spent two years in prison for auto theft. "He made me feel like a bad mother if I didn’t do it."
Cordero, released in 2008 and now living in Upland, agreed to the procedure. “Today,” she said, “I wish I would have never had it done.”
The allegations echo those made nearly a half-century ago, when forced sterilizations of prisoners, the mentally ill and the poor were commonplace in California. State lawmakers officially banned such practices in 1979.
In an interview with CIR, Heinrich said he provided an important service to poor women who faced health risks in future pregnancies because of past Caesarean sections. The 69-year-old Bay Area physician denied pressuring anyone and expressed surprise that local contract doctors had charged for the surgeries. He described the $147,460 total as minimal.
"Over a 10-year period, that isn’t a huge amount of money," Heinrich said, "compared to what you save in welfare paying for these unwanted children – as they procreated more."
The top medical manager at Valley State Prison from 2005 to 2008 characterized the surgeries as an empowerment issue for female inmates, providing them the same options as women on the outside. Daun Martin, a licensed psychologist, also claimed that some pregnant women, particularly those on drugs or who were homeless, would commit crimes so they could return to prison for better health care.
"Do I criticize those women for manipulating the system because they’re pregnant? Absolutely not," said Martin, 73. "But I don’t think it should happen. And I’d like to find ways to decrease that."
Martin denied approving the surgeries, but at least 60 tubal ligations were done at Valley State while Martin was in charge, according to the state contracts database.
Federal and state laws ban inmate sterilizations if federal funds are used, reflecting concerns that prisoners might feel pressured to comply. California used state funds instead, but since 1994 the procedure has required approval from top medical officials in Sacramento on a case-by-case basis.
Yet no tubal ligation requests have come before the health care committee responsible for approving such restricted surgeries, said Dr. Ricki Barnett, who tracks medical services and costs for the California Prison Health Care Receivership Corp.
The receiver has overseen medical care in all 33 of the state’s prisons since 2006, when U.S. District Judge Thelton Henderson ruled that the system’s health care violated the constitutional ban on cruel and unusual punishment.
The receiver’s office was aware that sterilizations were happening, records show.
In September 2008, the prisoner rights group Justice Now received a written response to questions about the treatment of pregnant inmates from Tim Rougeux, then the receiver’s chief operating officer. The letter acknowledged that the two prisons offered sterilization surgery to women.
But nothing changed until 2010, after the Oakland-based organization filed a public records request and complained to the office of state Sen. Carol Liu, D-La Cañada Flintridge. Liu was the chairwoman of the Select Committee on Women and Children in the Criminal Justice System.
This is absolutely outrageous.
On a related note, two dozen inmates at High Desert State Prison in northern California went on hunger strike last week protesting conditions in the prison’s segregation unit.
The statewide California prison hunger strike is set to begin tomorrow. Demands include ending group punishment, solitary confinement & to provide adequate, nutritious food. Read more about the hunger strike here.