Taxi To The Dark Side Film_guide_final

HOUSE PARTY GUIDE

AMNESTY INTERNATIONAL USA www.amnestyusa.org/ctwj

CONTENTS 01 02 03 08 09 10 13 14 15 17

Introduction About the Film Plan a House Party For Discussion Fact Sheet Background Q&A Take Action Petition Casesheet Contact Amnesty

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HOUSE PARTY GUIDE

INTRODUCTION Thank you for watching Alex Gibney’s Taxi to the Dark Side. And thank you for deciding to take action to end torture and other human rights abuses committed by the U.S. government in the “war on terror” that are documented in the film. Whether you use this guide to take action on your own or use it to host a house party to share the film with others, you’ll be joining over 2.2 million people around the world who take action for human rights though Amnesty International. By each doing a small part, we use the power of collective action to influence governments, companies and others to abide by international human rights laws and standards. Thank you for being a part of our global movement to ensure human rights, justice, and security for humanity. — Amnesty International’s Counter Terror With Justice Campaign Team

ABOUT US Amnesty International USA’s Counter Terror With Justice Campaign works to end human rights abuses committed by the U.S. government and contractors in the “war on terror.” Guantánamo, a symbol of injustice, must be closed. Detainees held there and at other facilities, like Bagram in Afghanistan, must be charged and given fair trials, or be released. Torture and attacks on civilians must stop. We call for an independent commission of inquiry to conduct a thorough investigation into torture and other abuses conducted in the “war on terror” and for those responsible to be held accountable. The U.S. government must respect and protect human rights, and counter terror with justice. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all of the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest, or religion. We are funded mainly by our members and public donations. Amnesty International USA (AIUSA) is the U.S. Section of Amnesty International. Join Us! www.amnestyusa.org/ctwj

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HOUSE PARTY GUIDE

ABOUT THE FILM Winner of the 2008 Academy Award® for Best Documentary Feature and a 2008 Peabody Award, Taxi to the Dark Side takes a disturbing, in-depth look at the highly questionable and often illegal interrogation practices used by the U.S. government at detention facilities in Afghanistan, Iraq and Guantánamo Bay in the years following 9/11. Beginning with the story of an innocent young Afghan taxi driver named Dilawar, who was killed in 2002 while being held at the Bagram Air Base prison in Afghanistan, Taxi to the Dark Side tells the grim, cautionary saga of how the U.S. government, desperate to draw out information from a top Al Qaeda leader detained in Guantánamo Bay, approved the use of torture and other cruel and unusual interrogation techniques. These tactics were systematically exported to other overseas U.S. prisons — some known, some secret. In examining the interrogation practices used in Bagram, Abu Ghraib and Guantánamo Bay, the film features shocking photos, archival footage, expert commentary, and interviews with several soldiers stationed at military prisons in Afghanistan and Iraq. These guards admit to using abusive techniques— including isolation, ceiling handcuffing, sleep deprivation, strip humiliation, threats by menacing dogs, sexual abuse and more—that they say were condoned and even approved by their superiors, despite being in clear violation of the humanitarian rules outlined in the Geneva Conventions and in U.S. military guidelines. They also admit to the use of “waterboarding,” a form of torture that is illegal under U.S. and international law. The title of Taxi to the Dark Side refers first to an Afghan cabbie named Dilawar, who was apprehended by U.S. soldiers in 2002 and detained in the

Amnesty International USA • www.amnestyusa.org/ctwj

Bagram Air Base prison, where he died of wounds to the lower extremities after four days. Second, it evokes a statement Vice President Dick Cheney made to Tim Russert a few days after the 9/11 attacks. “We also have to work the dark side, if you will,” said Cheney of the U.S. strategy to bring terrorists to justice. “We’ve got to spend time in the shadows in the intelligence world.” Taxi to the Dark Side examines the spread of abuse in U.S. prisons abroad, featuring the case of Mohammad al-Qahtani, a suspected “20th hijacker” of 9/11, who was subjected to new, humiliating interrogation tactics in an attempt to get him to reveal information in Guantánamo Bay. With the apparent approval of Secretary of State Rumsfeld, these tactics were exported to Afghanistan and Iraq, where guards subjected detainees to increasingly sadistic acts. As the film shows, after the now-famous Abu Ghraib prison photos were published in 2004, many soldiers were brought to trial, discharged and/or imprisoned—but the damage had already been done. No senior administration official has been held responsible for the abuses perpetrated against detainees in the name of fighting terrorism. Running time: 106 minutes Warning: Taxi to the Dark Side was rated R by the Motion Picture Association of America for disturbing images, and content involving torture and graphic nudity. Children under 17 are not allowed to attend R-rated motion pictures unaccompanied by a parent or adult guardian. Parents are strongly urged to find out more about R-rated motion pictures in determining their suitability for their children. Generally, it is not appropriate for parents to bring their young children with them to R-rated motion pictures.

HOUSE PARTY GUIDE

PLAN A HOUSE PARTY WHAT IS A HOUSE PARTY? A house party is an opportunity to raise awareness and mobilize action in support of our human rights work. House Parties are an invaluable way of communicating your message in a non-threatening, casual and friendly atmosphere and a fun and energizing way to educate people about human rights! Amnesty International relies on its members to expose and stop human rights abuses worldwide. By hosting a House Party, not only are you helping to raise much needed support for our work, but you are joining a global movement for human rights worldwide! All you need is a cool environment, some snacks and a master plan … which of course, we’ll help you put together with this kit!

BE SURE TO: »

Register to host your own DVD House Party/Special Screening of the movie Taxi to the Dark Side.

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Utilize the sample agenda and discussion questions in this kit to help plan and organize

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Utilize the information and action items to engage and mobilize the people who attend the

By registering your house party you can help us keep track of who’s doing what, and when and where it is happening. To register, send an email to [email protected] your House Party. House Party.

STEP 1: PLANNING YOUR PARTY Get creative as possible when planning your House Party. It doesn’t even have to be in your house! Some people have them in recreational centers, dorm rooms and even at their local worship centers. It can be small and intimate, or large and full of new people. Whatever works for you, will work for your party! But, make sure to post your event on our website. Here are some things to keep in mind though, when thinking about what you want to accomplish: »

Inform: One purpose of the House Party is to inform your guests about the work of Amnesty

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Act: After watching the film and discussing its content, your guests will want to get involved. Have

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Generate Membership: Explain Amnesty’s work and how their membership is critical in sus-

International, and more specifically the work to end human rights abuses in the “war on terror.” Make sure that you are fully versed in the issues of the campaign, so that your attendees are informed and prepared to act. This is why it is important to register your party with us, so that we can supply you with all of the necessary information. actions available and letters to write for your guests. Let them know how they can get further involved. taining our human rights work over longer periods of time.

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HOUSE PARTY GUIDE

HOUSE PARTY STEP 2 STEP 2: INVITATIONS Get your invitations out early! Today there are more ways of getting the word out than ever. Don’t depend on one exclusively. And remember, people threw successful parties before e-mail existed! »

Set Goals. If your goal is to bring 20 people to your house party, then brainstorm a list of 60

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Send an e-mail to all invitees. Make sure you mention why you are hosting a party, for ex-

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Snail mail. Same rules apply. A personal invitation is still a very impressive way to get the word

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Phone calls. Call all the people you invite, get them to come, and remind them to be on time.

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Reminder calls (a call back to all your “yesses”) make a big difference for turn-out. Make sure

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Keep good records. Who’s been called already, and who hasn’t been reached? Who’s a “yes”,

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Post a flier. Low tech but effective. Tack them on your school bulletin board, your grocery stores

people to invite. The rule of thumb is that 1 of 3 people will actually attend.

ample, “we want to send a message to Congress to uphold the right of return.” Don’t forget to include pertinent information: your address, phone number and e-mail address. Consider using free programs, such as Evite (www.evite.com), which sends out invitations, then tracks responses and sends out reminders automatically. out. They remain popular because they work.

You should start calling 10 days before the house meeting even if invitations are still in the mail. to do them in the three evenings immediately preceding your house party. a “no”, a “maybe”? (Use your House Party Follow-up tracking sheet.)

or local coffee shop’s community pin-up board, or tack it up to a telephone pole.

THE THREE KEYS TO A GREAT HOUSE PARTY: 1. Personal contact with your potential guests. Follow-up calls to the invitations and reminder calls ensure great attendance. 2. Organizers’ rule of thumb: if you really want folks to turn out, invitees should be contacted 3 times! Invitation. Follow-up Phone Call. Reminder Phone Call 3. Show your enthusiasm! The best way to motivate your guests to attend your house party is to demonstrate your own enthusiasm. Let your guests know every time you talk to them why you care about ending torture and other human rights violations by the U.S. government in the “war on terror.”

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HOUSE PARTY GUIDE

HOUSE PARTY STEPS 3 & 4 STEP 3: PROMOTING YOUR EVENT House parties are a great way to bring new supporters to Amnesty International. You can invite friends, neighbors and co-workers and all other who might not necessarily be involved in human rights issues but may have an interest in the concern the party addresses. Of course, invite your own Amnesty International colleagues, guests from other active AI groups in your area, and allied groups and organizations that might be working on the same issues but from a different angle.

STEP 4: THE AGENDA The basis of your party is to inform, act and generate membership. But, let’s not forget the details! A good agenda will hold your party together. See the sample agenda below for ideas: »

Arrival of Guests (Approximate time: 30 minutes).

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Introduction (Approximate time: 15-20 minutes)

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Watch the film (Approximate time: 106 minutes)

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Discussion (Approximate time: 30 minutes)

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Request for Action (Approximate time: 15 minutes)

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The Pitch (Approximate time: 15 minutes)

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Wrap Up Session (Approximate time: 15 minutes)

Guests arrive, mingle, look over literature and partake in refreshments. Have everyone sign in. Be sure to get the names, email addresses and phone numbers for everyone that is attending. Once everyone has arrived, introduce yourself, talk about the work of Amnesty International and then introduce the issue. Spend some time explaining the big picture—that, while terrorism is wrong, ending it does not justify torture and other violations of U.S. and international law by the U.S. and other governments. Ask your guests what they know about the issue and how and why they got involved. This is the perfect segue to starting the film.

Discuss the film using the Discussion Questions available in this kit. Set goals for yourself: how many actions should result from your party? Set a goal and shoot for it! Ask your guests to take action, explain the current actions you have for the night and how they will impact the issue. Do your pitch and ask them to join and become members of Amnesty International. Thank everyone for coming, and make sure to get contact information for those who want to pursue more work on the issue.

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HOUSE PARTY GUIDE

HOUSE PARTY STEPS 5 & 6 STEP 5: READ YOUR AGENDA The best way to have a party that flows seamlessly is to think through the agenda from start to finish ahead of time. Your house party can range from a small intimate gathering of friends to a larger group consisting of 20-30 friends and friends of friends—it depends on how ambitious you are. Be clear from the beginning of the theme of your house party, such as educating people on human rights violations by the U.S. government. Set goals for yourself such as getting 25 letters signed or soliciting 30 signatures on the petition. This will help you keep on track. Prepare for the post-viewing discussion beforehand by reading through the discussion questions and fact sheets. You also may want to handout the questions and fact sheets to attendees as they arrive so that they have a lens through which to view the film.

STEP 6: MAKE A CHECKLIST »

Sign In Sheet: This is important. Sign in everyone who attends your party by posting someone

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Pens and paper: Be sure you have enough, including paper for note taking.

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Stamps: Letters don’t go anywhere without postage!

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Nametags: Do you want them to help you identify guests? It’s up to you.

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Amnesty International literature: Have enough on hand, including membership brochures,

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Equipment: Nothing is more embarrassing than having a house full of people and not being able

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Munchies: Can’t have a party without them. It doesn’t have to be a lot. This isn’t a State Din-

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Document the event. Assign someone to take pictures.

at the door, or have members circulate the room. Don’t forget to call back any newcomers whose names appear on the sheet.

newsletters, handouts etc., maybe even an AI goody bag with buttons and stickers. Make sure all your actions and handouts are displayed prominently. Contact your regional office at 1.866.A.REGION for materials. to get your DVD player to work. Make sure it is ready to roll, before guests arrive!

ner you’re hosting. But remember the rule of halves applies. If you invite 50, expect about 25 to show up. Otherwise you’ll be eating Russian dressing chip dip for a month!

And Don’t Forget. If you are holding the party somewhere other than your home, in a church auditorium for example, make sure to scout out the site in advance.

Amnesty International USA • www.amnestyusa.org/ctwj

HOUSE PARTY GUIDE

HOUSE PARTY STEPS 7 & 8 STEP 7: THE BIG NIGHT ARRIVES Once people arrive, your main responsibility shifts to managing the evening. Make sure you have the registration table set up. It’s important to try to stick to the time limits so that guests who can’t stay as long still get to participate. Maybe you can keep a timer handy. Don’t worry if this is your first party. You just need to play the film, get the discussion started, remind people of the agenda if the discussion runs over, and summarize any decisions taken. And don’t forget to pitch AI! Part of your presentation should include information on the various ways your guests can become more involved with Amnesty International; by joining your group perhaps, maybe starting their own group or by joining a network. Highlight the events section on AIUSA’s website as a resource to find out about more interesting events, such as Regional Conferences or state meetings, or to contact the Regional Office. Finally (and this is important) urge them to become individual card carrying, dues paying members. Spell out the benefits. You should assign someone from your group to handle general hosting duties such as keeping the goodie bowls full and the drinks flowing, cleaning up mishaps or taking those photos so that you can stay focused on running the meeting. But don’t worry! Your guests are all there because they want to help make a difference, so they won’t care if you don’t get things perfect. It is a party, so have fun. And, unlike some parties you’ve been to in the past, you won’t even have to worry about making small talk!

STEP 8: AFTER THE PARTY You know what a house can look like after a party. Make sure a few folks from your own group stick around to help with the cleanup. But there is more to do than just pick the pretzels out of that thousanddollar carpet. »

Get Back to Us. Contact your Regional Office and let them know how things went.

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Thank yous. Don’t forget your just departed guests. A quick follow-up thank you note is always

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Start planning your next event! So there you have it. It wasn’t that daunting after all was it? It

appreciated. Then send them a follow-up action within a week or two. And don’t forget to include information on how they can get more involved with AI by joining a group, and or a network and by becoming individual dues paying members. was even fun and it was all for a “good cause”—your cause, human rights.

Now get going!

Amnesty International USA • www.amnestyusa.org/ctwj

HOUSE PARTY GUIDE

FOR DISCUSSION 1. 2. 3. 4. 5.

How did this film make you feel?

6. 7.

How has the “ticking time-bomb” scenario influenced public discourse on torture?

8.

Does interrogation play a legitimate role in intelligence collection in support of the “war on terror”?

9.

How do you think the US Government framing counter-terrorism as a “war” influences interrogation and detention policies?

10.

The Military Police assigned to Bagram Airbase and Abu Ghraib were reserve soldiers with little to no training in theater prisoner of war detention operations. Do you think poorly trained soldiers are more or less likely to engage in torture? Why?

11.

How important are clearly defined interrogation practices for soldiers experiencing the uncertainties of the “fog of war,” and who are frequently exposed to extreme violence?

12.

What is significant about the relationship between the tactics used in Bagram, Abu Ghraib and Guantánamo?

13. 14. 15.

What is habeas corpus and why is it important? How does it relate to the “rule of law?”

What scenes stood out for you? Why? Do you think what happened to Dilawar has happened to other people? What do you think about torture? “The likelihood of that [the “ticking time-bomb” scenario] ever happening is so remote … even if you’re in that situation, who’s to say that if you beat him up that you’re gonna get that information?” —Jack Cloonan, FBI Special Agent 1977-2002, Counterterrorism Task Force. A variety of military and intelligence experts say torture is immoral, illegal and ineffective. Why, then, do you think it is still used?

Who has been held accountable for torture? Who should be held accountable? Has the movie shaped your views on interrogation tactics, if so how?

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HOUSE PARTY GUIDE

FACT SHEET 105: Deaths, of people detained by the U.S. 37: Number of the above deaths that have been officially declared homicides by the Army

122: Number of pounds Dilawar weighed when he died “MORE THAN 3,000 suspected terrorists have been arrested in many countries.

Many others have met a different fate. Let’s put it this way: they’re no longer a problem to the United States and our friends and allies.” —President George W. Bush

8%: Number of detainees in U.S. custody accused of being al Qaeda, according to studies of U.S. government documents.

7%: Number of Guantánamo detainees captured by U.S. and coalition forces, according to an analysis of declassified government documents

93%: Number of detainees turned over to the U.S. by Afghan warlords and Pakistanis, sometimes for cash payments of thousands of dollars, according to an analysis of declassified government documents

2.5: Number of years that lawyers fought for the right to just go see the prisoners at Guantánamo

4: Number of suicides at Guantánamo 0: Number of officers convicted in connection with Dilawar’s homicide OVER 83,000: Number of people detained by the U.S. as of September 11, 2006 1: Number of military commissions completed for terrorism suspects.

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HOUSE PARTY GUIDE

BACKGROUND Q&A WHAT IS TORTURE? Torture is defined by the United Nations Convention Against Torture as “… the intentional infliction of severe physical or mental pain or suffering for purposes such as obtaining information or a confession, or punishing, intimidating or coercing someone.” Many detainees allege they were tortured while in U.S. custody. Several years after photos of torture at Abu Ghraib were released, no high-level military or civilian leaders have been held accountable for policies or practices that led to abuse of detainees.

IS TORTURE EVER JUSTIFIED? No. Torture and other cruel, inhuman, or degrading treatment are illegal under U.S. and international law: »

The United States Bill of Rights (1789) Amendment 8: “… nor (shall) cruel or unusual punishment be inflicted.”

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U.N. Convention Against Torture (1984): “No state may permit or tolerate torture … Exceptional circumstances such as a state of war … or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman, or degrading treatment or punishment.”

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Geneva Conventions (1949) Article 99, Third Convention: “no moral or physical coercion may be exerted on a prisoner of war in order to admit himself guilty of the act of which he is accused.”

Furthermore, the prohibition of torture has a special status in international law, in that it is a key component of customary international law. Elements of customary international law are binding on all states that have not explicitly rejected them, whether or not they have ratified any of the relevant international treaties. More importantly, the prohibition on torture is also a “peremptory norm,” which means that it cannot be overruled by any other law or local custom. This means that even if countries do not ascribe to the prohibition against torture under customary international law, they are still prohibited from exercising torture.

WHAT ABOUT THE “TICKING TIME-BOMB” SCENARIO? The “ticking time-bomb” scenario asks us to imagine that a bomb is about to go off and that a person in custody knows where it is. Some claim torture would be justified in this circumstance. Jack Cloonan, a former FBI special agent (1977 – 2002) had this to say about the scenario: “I have been hard pressed to find a situation where anybody can tell me that they’ve ever encountered the ticking-bomb scenario ... a show like 24 … makes all of us believe that this is real—it’s not. Throw that stuff out, it doesn’t happen.” (Source: www.foreignpolicy.com/story/cms.php?story_id=4193)

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HOUSE PARTY GUIDE

BACKGROUND Q&A (CONTINUED) WHAT IS EXTRAORDINARY RENDITION? Extraordinary Rendition is a practice whereby prisoners captured or detained by the U.S. government are transferred for interrogation or detention to countries known to use torture. The aim is to use whatever means necessary to gather intelligence, and to keep detainees away from any judicial oversight. This system puts the victim beyond the protection of the law and sets the perpetrator above the law.

WHAT IS GUANTÁNAMO? “Guantánamo” refers to the detention facilities located within the U.S. Naval Base at Guantánamo Bay, Cuba. By opening detention facilities at Guantánamo, the Bush administration sought to send detainees to a place where they believed neither U.S. nor international law applied. This concept is an affront to human rights and the rule of law—no one can be held outside of the law. Despite international outrage and the U.S. authorities’ own stated wish to close the camp, Guantánamo is still holding detainees illegally, without charge and with little hope of a fair trial. Hundreds languish in cruel, inhuman, and degrading conditions—including detainees who have been cleared for release. Guantánamo is only one part of a wider detention regime removed from the protection of U.S. and international law. Hundreds of detainees, for example, remain in indefinite detention without charge or trial at the U.S. airbase at Bagram in Afghanistan, without access to lawyers or the courts. Over the years, at Guantánamo, Bagram, other U.S. facilities, and at secret CIA sites detainees have been subjected to torture and other cruel, inhuman, or degrading treatment. Even after the administration said it wanted to close Guantánamo, detainees continued to be transferred there from secret CIA custody and elsewhere, confirming the camp’s role at the heart of the U.S. network of illegal detention. Guantánamo is a global symbol of injustice and abuse. It must be closed.

IF GUANTÁNAMO IS CLOSED, WHAT HAPPENS TO THE PEOPLE HELD THERE? Amnesty International is calling on U.S. authorities to either charge Guantánamo detainees with recognizably criminal offenses and provide them with a fair trial before an independent and impartial tribunal, such as a U.S. federal court, or release them immediately and unconditionally.

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HOUSE PARTY GUIDE

BACKGROUND Q&A (CONTINUED) WHAT IS HABEAS CORPUS? In the original Latin, habeas corpus literally means “holding the body.” People detained by the United States, whether inside or outside of U.S. territory, are usually permitted to file a petition for a writ of habeas corpus with a court. The writ of habeas corpus is essentially a legal challenge to the government’s ability to detain the individual. The right to seek a writ of habeas corpus is considered an integral feature of democratic and constitutional governance and of international human rights law. Historically, this right to seek judicial review of detention can be traced to the Magna Carta of 1215 and the more recent Habeas Corpus Act of 1689. The Founders of the United States considered habeas corpus so important that they enshrined it in the Constitution itself, rather than in the Bill of Rights, which was not passed until more than four years later. On June 12, 2008, the U.S. Supreme Court in Boumediene v. Bush squarely affirmed that foreign nationals held at Guantánamo Bay are entitled, under the U.S. Constitution, to habeas corpus. The Court resoundingly rejected the arguments put forth by the U.S. administration that these men, as nonU.S. nationals held outside the sovereign territory of the United States, are beyond the reach of this fundamental legal protection.

WHY IS IT IMPORTANT to focus on cases like Dilawar’s that happened several years ago, especially considering that those responsible for creating the policies that led to the abusive treatment he suffered will soon leave office?

Accountability for past abuses is important so that the U.S. public and the rest of the world can have confidence that the same abuses will not happen again. If we don’t know about cases like Dilawar’s, we won’t understand how and where things went wrong. We can’t assume that a Presidential transition will, by itself, solve all the problems that led to Dilawar’s death. Regardless of who is President, Congress also has a responsibility to bring U.S. law in line with the requirements of international law. And we as U.S. citizens have an obligation to be vigilant and make sure policies are established and enforced that will prevent these abuses in the future. In short, learning about cases like Dilawar’s and how they happened is essential to any effort to put in place policies and procedures that will prevent torture in the future.

Amnesty International USA • www.amnestyusa.org/ctwj

HOUSE PARTY GUIDE

TAKE ACTION! The film Taxi to the Dark Side illustrates the plight of an Afghani man named Dilawar, who was wrongly swept up in the U.S. government’s program of torture and illegal detention—and paid for it with his life. Torture, ill-treatment and illegal detention at Guantánamo, Bagram and other U.S. facilities are immoral and illegal. Military and intelligence experts have said these practices are ineffective. The “war on terror” does not justify the U.S. government’s violations of U.S. and international law. Amnesty International calls on the U.S. government to end these human rights violations immediately and hold accountable all those who authorized and implemented them. All detainees in U.S. custody must be charged and given fair trials, or released. The U.S. government must respect and protect human rights. It’s up to people like us—people around the world who want justice, security, and human rights—to make sure it happens. Take action now! If we each do a small part, our collective impact can influence the U.S. government to change course.

LEVEL 1 TAKES JUST A FEW MINUTES: »

Go to www.tearitdown.org and sign Amnesty International’s global petition to close Guantánamo and end illegal U.S. detentions. Be sure to share the site with your friends.

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Sign the petition for Mohammed Hassan Odaini and other Yemeni nationals who have been cleared for release from Guantánamo but are still illegally detained there. Use the attached petition.

LEVEL 2 TAKES ABOUT 30 MINUTES TO 1 HOUR: »

Write letters on behalf of Maher al-Quwari, a stateless Palestinian cleared for release from Guantánamo but who has nowhere to go. Use the attached case sheet. Go to www.amnestyusa.org/ ctwj to take action on other cases.

LEVEL 3 TAKES ABOUT 2 HOURS OR MORE: »

Hold your own Taxi to the Dark Side House Party. Visit www.amnestyusa.org/ctwj to download the guide and register.

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HOUSE PARTY GUIDE

CLEARED FOR RELEASE BUT STILL DETAINED: THE CASE OF MOHAMMED MOHAMMED HASSAN ODAINI Commander, Joint Task Force Guantánamo Department of Defense Joint Task Force Guantánamo Guantánamo Bay CUBA, APO AE 09360 Dear Rear Admiral Thomas: We wish to express our deep concern that Mohammed Mohammed Hassan Odaini and other Yemeni nationals are still detained without charge or trial in Guantánamo despite their clearance for release or transfer. Mr. Odaini, (known to U.S. officials as Mohammed Mohammed Hassan, ISN-681) was detained in March 2002 when Pakistani police raided a house in which he was having dinner with 14 other Yemeni nationals. All were handed over to U.S. authorities and later transferred to the detention facilities in Guantánamo Bay, Cuba. In June 2005, U.S authorities deemed Mohammed Mohammed Hassan Odaini suitable for release from Guantánamo, and he was cleared to be transferred in June 2006. Yemeni authorities have stated that they are prepared to take him back, yet he continues to be detained. He has not been interrogated for nearly two years, and the reason for his continued detention is unclear. We respectfully urge you to bring about the release of Mohammed Mohammed Hassan Odaini and other Yemeni detainees unless they are charged and tried in accordance with international standards of fairness. We thank you for your consideration of this matter.

YOUR SIGNATURE

Amnesty International USA • www.amnestyusa.org/ctwj

PRINTED NAME

CITY, STATE

HOUSE PARTY GUIDE

BACKGROUND

Maher al-Quwari In February 2007, Maher Rafat al-Quwari’s lawyers learned that he has been declared eligible for release from Guantánamo, but he remains detained as he has no residency papers and no country to return to. His lawyers are seeking residency for him in a safe third country. Maher al-Quwari was born in Gaza, in the Palestinian territories in 1965. He moved to Jordan where he met and married his wife with whom he has two sons, but he does not have official status in any country. He does not have a passport, any form of travel document or any identification papers. In 2001 he says that he decided to travel to Pakistan to obtain identification papers from the U.N. office in Quetta. He was in Afghanistan when U.S. forces attacked. He fled fearing for his safety, but was captured by villagers and sold to the Northern Alliance, who handed him over to U.S. forces 40 days later.

BACKGROUND (CONTINUED) Maher al-Quwari was held in Bagram and Kandahar in Afghanistan before being transferred to Guantánamo in July 2002. He has alleged he was tortured and ill-treated during his time in U.S. detention, including: • • • •

Beatings Strangulation, almost to the point of death Sleep deprivation and sensory deprivation Being shackled in a squatting position for hours, with cold water thrown over him

Maher al-Quwari has been held in Camp 6 at Guantánamo, one of the harshest of the detention facilities where detainees are held in conditions of extreme isolation and sensory deprivation Maher al-Quwari has been declared eligible for release, but he remains detained.

OVERVIEW Over 750 men from more than 40 countries have been held in the U.S. detention facility at Guantánamo Bay since the first transfer of detainees in January 2002. By choosing Guantánamo, the Bush administration sought to send detainees to a place where they believed neither U.S. nor international law applied. This concept is an affront to human rights and the rule of law—no one can be held outside of the law.

TAKE ACTION FOR MAHER AL-QUWARI Write to the U.S. authorities: •

Noting that Maher Rafat al-Quwari has been cleared for transfer from Guantánamo for the past year, indicating that the U.S. authorities do not intend to charge or try him

•

Despite international outrage and the U.S. authorities’ own stated wish to close the camp, Guantánamo is still holding detainees illegally, without charge and with little hope of a fair trial. Detainees languish in cruel, inhuman, and degrading conditions—including detainees who have been cleared for release.

Calling on U.S. authorities to actively and urgently facilitate the search for a durable solution for Maher Rafat al-Quwari in a third country, taking into account his individual views and preferences

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Appealing for Maher Rafat al-Quwari’s family to be kept fully informed of his status, health and well-being

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Guantánamo is only one part of a wider detention regime removed from the protection of U.S. and international law. Hundreds of detainees, for example, remain in indefinite detention without charge or trial at the U.S. air base at Bagram, in Afghanistan, without access to lawyers or the courts. Over the years, at Guantánamo, Bagram, other U.S. facilities, and secret CIA sites, detainees have been subjected to torture and other cruel, inhuman, or degrading treatment.

Urging U.S. authorities to investigate all allegations that Maher Rafat al-Quwari was tortured or ill-treated in U.S. custody, make the findings public, and ensure anyone responsible for such treatment is brought to justice

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Calling on the U.S. authorities to close the detention facility at Guantánamo and charge detainees and give them fair trials or release them

Guantánamo is a global symbol of injustice and abuse. It must be closed. Amnesty International is calling on U.S. authorities to charge Guantánamo detainees with recognizably criminal offenses and provide them with a fair trial before an independent and impartial tribunal, such as a U.S. federal court, or release them immediately and unconditionally. Those released must not be returned to a country where they would face further human rights violations. Map © CIA World Factbook. Photo: © U.S. DoD

WRITE TO: JOHN B. BELLINGER III STATE DEPARTMENT LEGAL ADVISOR OFFICE OF THE LEGAL ADVISOR U.S. DEPARTMENT OF STATE 2201 C STREET NW WASHINGTON, DC 20520 Salutation: Dear Sir

COMMANDER JOINT TASK FORCE GUANTÁNAMO DEPARTMENT OF DEFENSE JOINT TASK FORCE GUANTÁNAMO GUANTÁNAMO BAY, CUBA APO AE 09360 Fax: 305.437.1241 Salutation: Dear Sir

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