Scott Horton in Harper's writes about former Guantanamo prison guard Brandon Neely's "tell-all" about his experience. Neely was a guard during the first year of Gitmo. Bottom line: Neely says "“The stuff I did and the stuff I saw was just wrong.”

You can read Neely's 15,000 word version (put together by law students at the University of California) here.

Horton says three things stood out to him: [More...]

Via Think Progress, the Independent reports on the details of Binyam Mohamed's torture and the lines left out of the report:

The 25 lines edited out of the court papers contained details of how Mr Mohamed's genitals were sliced with a scalpel and other torture methods so extreme that waterboarding, the controversial technique of simulated drowning, "is very far down the list of things they did," the official said.

Another source familiar with the case said: "British intelligence officers knew about the torture and didn't do anything about it. They supplied information to the Americans and the Moroccans. They supplied questions, they supplied photographs. There is evidence of all of that."

Tell us again, Ex-President Bush, the United States Does Not Torture. Memo to President Obama: Release these documents. As the ACLU said today, don't hide behind Bush's state secrets claim. [More...]

Lieutenant-Colonel Yvonne Bradley, an American military lawyer for 20 years, is in Great Britain where tomorrow she will demand the release of Binyam Mohamed who as we wrote the other day, is dying in his Guantanamo cell.

Bradley...will reveal that Mohamed, 31, is dying in his Guantánamo cell and that conditions inside the Cuban prison camp have deteriorated badly since Barack Obama took office. Fifty of its 260 detainees are on hunger strike and, say witnesses, are being strapped to chairs and force-fed, with those who resist being beaten. At least 20 are described as being so unhealthy they are on a "critical list", according to Bradley.

In addition to her own observations, she shares what Binyam told her: [More...]

The Congressional Research Service has released a new report, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court (pdf).

This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court.

The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress’s options with respect to the Guantanamo detainees.

[Hat tip to Scribe.] The report's conclusion: Congress may be asked to expand the AUMF so more people can be detained longer. [More...]

Mohammed Khan Tumani of Syria was 17 when captured and brought to Guantanamo 7 years ago. No charges have been filed against him. His lawyers today filed a motion for emergency relief in the case of Khan Tumani v. Obama.

The Center for Constitutional Rights filed the motion on his behalf. They are seeking an independent psychiatric and medical evaluation of Khan Tumani, access to his medical records, an end to his placement in solitary confinement and abusive interrogations, and access to his father who is also held at the camp.

Tumani recently tried to commit suicide. Read the details below:

Binyan Mohamed's allegations of torture while at Guantanamo are making their way through the British courts. In a joint ruling, two British Judges issued a ruling blasting the U.S. for not releasing evidence that would show if British agents were complicit in torturing Mohammed and for threatening Britain.

The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and most important of all, that the United States Government has threatened our High Courts that if it releases this information, the US Government will withdraw its intelligence co-operation with the United Kingdom on matters of security.

More...

Colorado Governor Bill Ritter has suggested that Supermax in Florence, Colorado would be appropriate for Guantanamo detainees.

Ritter wouldn't oppose transferring the Guantanamo Bay detainees to Supermax because it was built for just that type of high-risk inmate, Ritter spokesman Evan Dreyer said today. "If Supermax is chosen, there's no reason to take a 'not in my backyard' approach," Dreyer said.

Not quite. Supermax is for "the worst of the worst" of convicted felons. None of the remaining detainees at Guantanamo has been convicted of a crime yet. [More...]

President Obama took a great step forward today for the detainees at Guantanamo, for the rule of law and for the restoration of America's image in the world.

Yes, there's more work to be done, specifically with ensuring that the secret renditions via Ghost Air to other countries whose personnel may engage in torture are not allowed in the future, that the definition of torture includes not just what is prohibited by regulations in the Army Field Manual but also comports in all respects with the Geneva Conventions and the Convention Against Torture, that the military tribunals be dismantled entirely following the review process and that no new national security or other court system is set up to try detainees (our federal criminal and military courts are up to the task).

It's amazing to hear some of the pundits on TV tonight criticize Obama's orders and suggest Gitmo should stay open. Perhaps they have forgotten or never seen the images in this video. [More...]

Bump and Update: The Obama Administration is circulating a draft of an executive order allowing for up to a year to close Guantanamo. As the Center for Constitutional Rights says, that's too long.

It only took days to put these men in Guantanamo, it shouldn’t take a year to get them out. We are proud that President Obama made addressing Guantánamo one of his first acts in office. Yet we are disappointed that he outlined no concrete steps for closing the base and gave his administration an entire year to sort out its plans – meaning that some men could have been detained indefinitely in terrible conditions for eight full years. Surely he could do better.

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The Government of Switzerland made a generous offer today -- it is willing to consider taking Guantanamo detainees who cannot return to their home countries:

"For Switzerland, the detention of people in Guantanamo is in conflict with international law. Switzerland is ready to consider how it can contribute to the solution of the Guantanamo problem," the government said in a statement.

Switzerland said it welcomed the expressed intention of U.S. President Barack Obama to close the prison and would investigate security and legal implications of possibly taking in detainees.

Portugal and France have also expressed a willingness to consider taking detainees. [More...]

The Pentagon announced today it released six detainees from Guantanamo. All had been determined, after multiple reviews, of not being enemy combatants.

Four were sent to Iraq, one to Afghanistan and one to Algeria. The detainee returned to Afghanistan was Bizmullah. From the DOD press release:

he Department of Defense has determined – through its comprehensive review processes - that approximately 60 detainees at Guantanamo are eligible for transfer or release. Departure of these detainees is subject to ongoing discussions between the United States and other nations.

245 detainees remain at Guantanamo.

You've probably read the claims by the Defense Department that 61 of the released Guantanamo detainees have returned to terrorism.

Not so, says a new report from the Seton Hall Law School's Center for Policy and Research (and Law Prof Mark Denbeaux and attorney Joshua Denbeaux). The Denbaux' have previously authored compelling reports on the detainees and represented a few of them.

The Seton Hall Center for Policy and Research has issued a report which rebuts and debunks the most recent claim by the Department of Defense (DOD) that “61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.”

Professor Denbeaux of the Center for Policy & Research has said that the Center has determined that “DOD has issued “recidivism” numbers 43 times, and each time they have been wrong—this last time the most egregiously so.”

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