Day 4,5 Update – 16 years of Guantanamo

Fast for Justice 2018 // Film

January 11-12, 2018

Rally and Action marking 16 years of Guantanamo
“Forty-one hearts still beat in Guantanamo prison cells. That’s forty-one too many,” writes Kathy Kelly in The Progressive on January 11th, the 16th anniversary of the prison.

Marking that sad anniversary, we gathered once again along with 15 coalition organizations for a rally at the White House to call for the closure of Guantanamo and an end to torture and Islamophobia.  Read Witness Against Torture’s press release about the rally and arrests that followed.  For photos from the rally and WAT action, please see our Flickr page.  AJ+ did an excellent, short video about the event.

WAT member Mike Fiala writes about the action and arrests and reflects on the ritual we incorporated.  Following his reflection is another written by Lu Aya Nephew.


J11 Action Reflection:  A cup of tea
by Mike Fiala

It moves fast here with Witness against Torture, though not our fast from food – that languishes like waves lapping on Lake Erie.

We continue fasting though most of our actions are completed for the week. Continuing the fast is a way to keep remembering the men in Guantanamo. Just because we have accomplished something this week with our witness, they are still there, another day, and another day.

SO, the news here:
5 people from WAT were arrested at the Jan 11th action in front of the White House.
5 Muslim men have been cleared for release and remain in Guantanamo.

Solidarity. FIVE.
Of 41.

Ridah Bin Saleh Al-Yazidi (Tunisia) – Detained for 15 years; Cleared for 10 years
Muieen Adeen Al-Sattar (United Arab Emirates) – Detained for 15 years; cleared for 7 years
Tawfiq Nasir Awad Al-Bihani (Saudi Arabia) – Detained for 14 Years;  Cleared for 7 years
Abdul Latif Nasir (Morocco) –  Detained for 15 Years; Cleared for 1 year
Sufyian Barhoumi (Algeria) – Detained for 15 Years;  Cleared for 1 year

The five from WAT,  Ken Jones, Manijeh Saba, Helen Schietinger, Beth Adams,  and Brian Terrell, were arrested by the Secret Service after they crossed a police line, and were then handed over to the DC police.  It now appears that even walking on to Pennsylvania Avenue which runs in front of the White House and across from Lafayette Park, can get you arrested.  Yellow police tape is ready to be rolled out frequently around Pennsylvania Avenue.

At the rally at the White House Jan 11th for the men in Guantanamo, one lawyer shared a letter, message, from her client in Guantanamo. He appreciated our work and effort at support and solidarity. He indicated the importance of it to him, and others there.

The strength of WAT’s nonviolent actions is to use our bodies as the way to connect with the men in Guantanamo. If they are fasting, we must be. If they are imprisoned, we must be too.

And so, when you imagine the beauty of them being released, you imagine what it would be for them to come home to their families.

It is among the ordinary things that families do: to serve tea. It’s the essence of refreshment of friendship. warmth and commensality.

So, after the rally, with speakers addressing the awful injustice done to these men with their continued imprisonment, we had a tea ceremony as though they were returning home.

Each of us from WAT in our orange jumpsuits with black hoods received tea in a cup. We pushed up our black hood at the offer of tea to reveal a person under the hood, and we were served tea, with each man’s name still in Guantanamo called out.

Then we placed our cup, with the man’s name penned on it, on the sidewalk at Lafayette Park, in a row. 41 for the 41 men.

Simple acts, simple hospitality. It is the core of being human.

The men in Guanatanamo, their simple humanity, remembered and called out that they may be released to return to their families, to provide for them, to love them, to eat and drink with them.  We sang with passion:

We hear a beautiful sound
It is the breaking of chains.
We see a path full of hope
We have found the way
Let them go home!
Let them go home!
Let them go home!
Let them go today.

And we could see/believe it happening if only for a moment, in hope. It will happen. It’s hard to trust. To trust that the arc of the universe bends towards justice.

So we do something with our bodies to give it a push, to em-body it before it happens. It will be. It will.

So, what kind of tea would you serve the men in Guantanamo when they come home?  If/when they come to your home?
And would you fear it, its fierce reality?
What kind of tea did we serve in preparation for their homecoming?

Reflection by Lu Aya, fka Luke Nephew
January 11 th, 2018

Martin wants to know who owns Pennsylvania Avenue. Fair question. Because
after a procession flowed into a speak out that sang into a ritual of remembrance,
something happened. Five friends slowly turned around and stepped off the
sidewalk and peacefully and strongly walked under the police tape and out into that
very avenue. And then…
Well, let’s go back to the mourning in the morning.
The church basement. The imperfect circle. The solemn song.
Actually, let’s go back to the slaughter of human rights that is occurring during each
second of the day a few miles away in DC Jail and a few hundred miles away in
Guantanamo and in so many more prisons. Let’s return to the breath of the tortured.
The unheard words upon their tongues. The forty-one beating hearts in their chest.
Yes. Let’s return to them.
Let’s stay here for a moment.
Right here. Heart. Beat beat. Heart. Breath. Breath. Breath.
Let’s stay there.
Even as we go on.
Knowing that the air there is the same air as we breathed here. In and out. Slowly as
we stare across the circle in the church basement. Slowly as we step by step by step
sweeping through the streets of DC with our long line of loved ones. Single file. In
orange jumpsuits and black hoods. Detainees forward. Into a city of fear. Through
the capitol of crushing callous capitalist brick and stone and cold. Let us return to
where we hold a sign saying, “It Would Take A Genius To Close Guantanamo”. Let us
break the park department rules and fill the sidewalk while the park police freak out
over nothing. Lets remain calm. Let’s begin the rally with song. Lets go back to the
faith leaders praying, that comfort may never seduce us away from the struggle for
liberation. And let’s back to the booming voices of comrades catapulting beautiful
cries for justice and freedom in the sky of all those listening. Lets go to the tea
By cup
By cup
By 41 cups
That rose up higher and realer and wider than the white house.
And let’s go now
To our family
Who were arrested
For walking
Onto Pennsylvania Ave
And realizing that maybe the streets are actually theirs…

But the air.
The air, my beloved friends,
The air
Is definitely

CCR files first major challenge to Trump’s Guantanamo policies
From the Center for Constitutional Rights:

On January 11, CCR and co-counsel filed the first major challenge to Trump’s Guantánamo policies, in federal court in Washington, DC. This collective filing is on behalf of nearly a dozen prisoners who are detained without charge, all for more than a decade. In this court filing, we argue that the petitioners’ perpetual detentions violate the Constitution and the Authorization for Use of Military Force (AUMF), and ask the court to intervene on behalf of the men who have been deemed “forever prisoners.”

Media coverage
The following links give media coverage on the CCR legal challenge and the J11 anniversary:

Statement by Sen. Feinstein
Op-ed by Sharqawi Al Hajjj
Baher Azmy on Slate
Aziz Huq on Guardian
Steve Vladeck on
Laura Pitter/HRW on HuffPo
The Guardian
Washington Post
HuffPo (news article)

On Friday, WAT members traveled to Baltimore for the opening rally of the Conference on U.S. Foreign Military Bases, organized by the U.S. Coalition Against Foreign Military Bases.  Sr. Paulette Schroeder reports back:

Today A group of us had a real desire to travel from D.C. to Baltimore for a rally against the U.S now having close to 800 military bases around the world. The first people to congregate were three well-dressed men from Nepal who will be speakers in the conference to follow on Saturday and Sunday.  Folks representing Japan were there. Demonstrators from Code Pink and “No War,” Our Buddhist monk friends, NCNR and many more peace organizations were represented. Witness Against Torture also spoke up urging our country to finally close the base we’ve been fasting to close all week long.  A beautiful sense of solidarity pervaded the crowd of about 50 people. Longtime activists in the anti-war movement stood in hope and endurance beside young people entering activism.

This weekend we finish our week-long Fast for Justice with a WAT community retreat ending with a fast-breaking dinner celebration.  We offer our readers deep gratitude for accompanying us on this week’s journey.

We close with a poem by Towfiq Bihani, a Guantanamo detainee represented by Reprieve.

Go everywhere you would like my darling.
Don’t look behind.
Don’t fear the sight.
Live in happiness.
In gladness.
Sing as loud as you can,
Dance as much as you would like.
Enjoy all the fun you can.
My darling, forget your past.
And go ahead to start,
A new way, another way
Don’t look back on yesterday
Don’t feel sorry about me,
Or even worry about me
Don’t think who you left behind
Go everywhere you would like
Don’t look behind


Press Release: Rally and Arrests at the White House to Close Guantanamo

Fast for Justice 2018 // Film

January 11, 2018
For immediate release

Contact: Jeremy Varon, 732-979-3119; Josie Setzler, 419-559-3759

Rally and Arrests at the White House to Close Guantanamo
Attorneys Files Major New Guantanamo Lawsuits

WASHINGTON, D.C. — Human rights activists, attorneys, ex-military investigators, faith leaders, and torture survivors rallied today at the White House to mark the 16th year of the operation of the US prison at Guantanamo Bay, Cuba, where “war on terror” detainees were first brought in 2002. Five people — Beth Adams, Ken Jones, Manijeh Saba, Helen Schietinger, and Brian Terrell — were arrested at the White House, representing the five men still held at Guantanamo despite being cleared for release by the US government years ago.

Thirty-six other men remain at the island prison, most of whom have never been charged with any crime. Earlier in the day the Center for Constitutional Rights filed in federal court a major new lawsuit — the first under the Trump administration — challenging the legality of arbitrary and indefinite detention at Guantanamo.

The rally speakers blasted the existence of Guantanamo as a terrible experiment in lawlessness and torture, driven by hateful suspicion of Muslims as agents of violence. In tones mournful and angry, they called for the prison to close immediately and for those who designed and executed torture policies to be held to account. Sharp words for reserved for Donald Trump, who has threatened to bring new men to Guantanamo and to bring back torture methods such as waterboarding.

Maha Hilal of Muslims for Justice and Witness Against Torture spoke out against the growing climate of Islamophobia, which has deprived Muslims of basic rights, in Guantanamo and in the United States.  Attorney Shelby Sullivan-Bennis, who represents men currently held in Guantanamo, read a statement from one of her clients testifying to the importance of rallies like this in showing the world that the men at Guantanamo are not forgotten.

Mark Fallon, the former lead Navy investigator first responsible for building cases against the 9-11 perpetrators, recited at the rally his military oath to uphold the US Constitution.  Author of a new book detailing CIA torture, Fallon said that loyalty to the Constitution requires that he work to expose and end torture and to close Guantanamo. Terry Rockefeller from September 11 Families for Peaceful Tomorrows test inveighed against the Military Commissions as a sham system of justice that has mangled the rule of law in its failed bid to provide closure for the families of 9-11 victims. The five activists were arrested for breaching a police line outside the White House.

At the National Press Club that morning, attorneys from the Center for Constitutional Rights announced the filing of new litigation on behalf of eleven men held at Guantanamo. The lawsuit seeks relief from the courts, given the stated decision of the Trump administration not to release any men from Guantanamo, no matter the security determinations of the US government and the particulars of their cases. This policy, the lawsuit argues, makes the detentions at Guantanamo wholly arbitrary, based in President Trumps avowed hatred of Muslim and wish to deprive them of rights. The lawsuit also mounts a new challenge to the legality of indefinite wartime detention, arguing that the hostilities following September 11 are now over, removing legal rationale for continued imprisonment at Guantanamo. The filing has already  been reported on in major media, including The Washington Post and CNN.

All those at the rally pledged to continue to do their work to close Guantanamo and end US torture.


Week of Actions: Closing Guantanamo, Ending Torture

Fast for Justice 2018 // Film

We invite you to join Witness Against Torture and partner organizations for a series of events in Washington, DC, calling for closing Guantanamo and ending torture.  Highlights include:

Tuesday, January 9th, 6:30 pm
Kramer Books, 1517 Connecticut Avenue, NW, Washington, DC 20036

“President Trump wants to bring back torture. This is why he’s wrong…In Unjustifiable Means, Fallon reveals this dark side of the United States government, which threw our own laws and international covenants aside to become a nation that tortured—sanctioned by the highest-ranking members of the Bush Administration, the Army, and the CIA, many of whom still hold government positions, although none have been held accountable.”  –

Wednesday, January 10th, 6:00 – 8:00 pm
Impact Hub, 419 7th St., NW, Suite 300, Washington, DC 20004
Sponsored by Witness Against Torture & Center for Constitutional Rights

Please join Witness Against Torture, the Peace Poets and friends for a book launch and performance on the eve of our annual January 11 demonstrations against Guantanamo. The book — “There is a Man Under that Hood” — sets the words of Luke Nephew’s (Peace Poets) remarkable poem of that title to images of anti-torture demonstrations: photographs taken or curated by Justin Norman (WAT). The afterword is written by Omar Farah, Senior Staff Attorney for the Center for Constitutional Rights.

Thursday, January 11th, 11:30 am – 1:00 pm
White House, Lafayette Square, Washington, DC 20006
Hosted by a coalition of 15 organizations

Please join human rights activists, torture survivors, Guantánamo attorneys, 9-11 family members, ex-military officials, and members of diverse faith communities in Washington, D.C. on January 11, 2018, the 16th anniversary of the opening of the detention facility at Guantanamo Bay, as they rally to close the prison, end indefinite detention, dismantle Islamophobia, and call for the immediate transfer of the cleared detainees.

Thursday, January 11th, 2:30 pm – 4:00 pm
New America, 740 15th St., NW, Suite 900, Washington, DC 20005

“What will happen to the prison and its detainees in the remaining years of the Trump administration? Will Donald Trump reverse course and increase the number of detainees held there? Will the prison ever close?”  –

2018 Fast for Justice
Witness Against Torture will be hosting activists for the entire week, Jan. 7 – 14, for its 2018 Fast for Justice.  Click here for the tentative schedule.  For RSVP or further information:  please email



16 years of Guantanamo and a year of Trump: The work for justice continues

Fast for Justice 2018 // Film


Close Guantanamo, Stop Torture:
Seeking Justice and Resisting Islamophobia in the Age of Trump

We invite you to join us in community in Washington, DC,  January 7 – 14, for Witness Against Torture’s 2018 Fast for Justice.  Please let us know you’re coming– for the week or any part of it– by sending an email to

We will gather for a week of events marking a tragic and ongoing history:  After 16 years, the US detention camp at Guantanamo remains a living symbol of US torture and human rights abuses and a place of misery for the 41 Muslim men it still houses. Five of the men have been long cleared for release and yet still languish there.  The Trump administration is holding 26 of the detainees for indefinite detention without charge or trial. The Pentagon has plans to try only a small handful of the prisoners.

It is easy to lose hope in these troubling times.  Yet we know that hope resides not in calculating future probabilities, but in bearing witness to injustice in this present moment.  It resides in lifting up human dignity. It resides in imploring our fellow citizens not to turn their eyes away.  And so, once again, we gather.

Highlights of WAT’s 2018 Fast for Justice

Here is a preliminary skeleton structure for the week (Jan. 7 – 14):

Sunday evening: arrive anytime after 3; settle in and gather for evening circle
Monday:  share the morning meal and begin the fast; opening circle; begin planning the week’s actions
Tuesday:  morning circle; plan and carry out actions; evening event (Mark Fallon talk: see below)
Wednesday:  morning circle; plan and carry out actions; evening event (Book launch and Peace Poets: see below)
Thursday:  11:30 am White House rally with coalition partners; action; possible evening vigil
Friday:  morning circle; afternoon No Foreign Military Bases demonstration in Baltimore; possible evening circle
Saturday:  all-day retreat to examine our capacity and how to move forward; evening meal to break the fast together and celebrate our community
Sunday morning:  breakfast, circle and closing ceremony; depart.

January 9 – Mark Fallon Event

Author Mark Fallon presents Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture, at Kramerbooks at 1517 Conn. Ave. NW, Washington, D.C.  6:30 pm.

Mark Fallon is a former intelligence officer and investigator at the heart of America’s “war on terror.”  Karen Greenberg, Director of the Center on National Security, calls his book “Essential reading for those who wish to understand this dark period in American history.”

January 10 –  Book Launch, Performance, and Speakers

There is a Man Under that Hood: Closing Guantánamo and Stopping Torture in the Age of Trump

The Impact Hub
419 7th St. NW, Washington, DC
Jan. 10, 6-8 pm

Please join Witness Against Torture, the Peace Poets and friends for a book launch and performance on the eve of our annual January 11 demonstrations against Guantanamo.

The book, There is a Man Under that Hood, collects highlights from eight years of anti-torture photography curated by Justin Norman, and pairs them with Luke Nephew’s powerful poem by the same name. The contents are book-ended by a foreword from WAT’s Jeremy Varon and an afterword from Omar Farah, Senior Staff Attorney for the Center for Constitutional Rights.

The Peace Poets will perform pieces from current human rights struggles. UK author Andy Worthington will address the state of Guantanamo in the era of Trump. And legal advocates will report on the fate of their clients still in the prison. Together we will celebrate our resistance to torture and work to close Guantanamo.

New book from Witness Against Torture on Guantanamo activism

The 72-page book is available for pre-order in hardcover for $25. Release is set for January 10th, 2018. The proceeds will be used to further the human rights work of the creators.

January 11 – Rally Marking 16 years of Guantanamo

Please join human rights activists, torture survivors, Guantanamo attorneys, 9-11 family members, ex-military officials, and members of diverse faith communities in Washington, D.C. on January 11, 2018 as we rally against Guantanamo, indefinite detention, and Islamophobia and call for the immediate transfer of the cleared detainees. The rally at the White House will begin at 11:30 am.

Muslim Ban

Just days after Donald Trump retweeted anti-Muslim propaganda, the Supreme Court decided to implement Muslim Ban 3.0 while the lower courts adjudicate the ban’s constitutionality, by kicking the case back to the 4th and 9th Circuit courts.  However, they have allowed the racist, xenophobic, Islamophobic and anti-Muslim ban to go into effect in the meantime. See this op-ed from the ACLU.

In response, the Justice for Muslims Collective organized an emergency rally at the Supreme Court on December 7th. Co-directors Maha Hilal and Darakshan Raja MC’d the event that highlighted the voices of inspiring Muslim women speaking truth to power:

Here’s a link to the livestream video of the rally.

North Carolina Torture Accountability Hearings

On November 30 and December 1, several hundred people gathered in Raleigh, North Carolina for an extraordinary event: the public hearings of the North Carolina Commission of Inquiry on Torture.  Over two days, eight commissioners heard riveting and often heart rending testimony about the global rendition and torture program undertaken by the United States following the 9/11 attacks.  The witnesses included the world’s leading rendition researcher; military, ex-military, and ex-intelligence officers outspoken against torture; legal experts on human rights; psychologists who treat torture victims; and, via Skype, survivors of US torture. The Commission grew out of local, North Carolina efforts to protest Aero Contractors — a private airline company contracted by the CIA to carry out likely hundreds of rendition flights ferrying US captive to torture by the CIA or foreign governments.  The commissioners will author a report based on the hearings.

The NCCIT hearings were a landmark event.  The Bush administration sought to define out of existence, conceal, and immunize grave crimes. The Obama administration chose not to prosecute potential perpetrators of torture operating under legal directives from Bush’s DoJ.  Several lawsuits targeting torture policies have been dismissed from federal and international courts for reasons of executive privilege, state’s secrets provisions, and pressure from the US government. It has therefore been up to civil society actors like the NCCIT to provide at least symbolic forms of accountability for years of US torture.  The hearings further educated the public about US conduct, solidified the legal case that torture occurred, and may help to deter future uses of torture by fortifying a public narrative that it happened and that it was wrong.  The hearings also brought victims of torture into a judicial-style inquiry, simulating forms of due process that has been denied them.

For more on the hearings, including links to media and video archive of them, go to the NCCIT website.

We Must Resist: Join WAT in DC in January!

For 13 years Witness Against Torture has championed the cause of the Muslim men unjustly imprisoned at Guantanamo, also using our witness to shine a light on other U.S. institutions of racist, Islamophobic state violence.

Now, as our outrageous Narcissist-In-Chief distracts the world, those very institutions are quietly cementing into place and strengthening the security state that is stripping entire groups of people of due process rights and protection under the law.

We must resist: come to DC in January to witness in community with us and to engage the future together!

Donate to support our work

Please consider a donation to help fund our annual Fast for Justice this January.  We are completely volunteer driven and run. We have no paid staff; all of the money you donate goes to funding the work we do together. We are fiscally sponsored by the Washington Peace Center. The Washington Peace Center is a verified US-registered non profit. If you are able, click here to donate.



There is a Man Under that Hood: Book launch, performance and more news

Fast for Justice 2018 // Film

There is a Man Under that Hood: Closing Guantanamo and Ending Torture in the Age of Trump

January 10, 2017 – The Impact Hub
419 7th St. NW, Washington, DC
6-8 pm

Please join Witness Against Torture, the Peace Poets and friends for a book launch and performance on the eve of our annual January 11 demonstrations against Guantanamo. The book — “There is a Man Under that Hood” —  sets the words of Luke Nephew’s (Peace Poets) remarkable poem of that title to images of anti-torture demonstrations: photographs taken or curated by Justin Norman (WAT).  The afterword is written by Omar Farah, Senior Staff Attorney for the Center for Constitutional Rights.

The Peace Poets will perform pieces from current human rights struggles. UK author Andy Worthington will address the state of Guantanamo in the era of Trump. And legal advocates will report on the fate of their clients still in the prison. Together, we will celebrate our resistance to torture and work to close Guantanamo.

January 2018 Fast for Justice

The January 10 event is on Day 3 of the WAT Fast for Justice, January  7 – 14.   We invite you to join us in community in DC — for the week or any part of it.  Please let us know you’re coming by sending an email to

Here is a skeleton structure for the week:  Sun evening: arrive; Mon: share morning meal and begin fast, planning and week’s activities; Wed evening:  Book launch and Peace Poet performance; Thu: Guantanamo rally and action; Fri afternoon: possibly join No Foreign Military Bases rally; Fri/Sat: strategic planning; Sun morning: final circle and depart.

North Carolina Torture Accountability Hearings: Nov. 30 and Dec. 1

You are invited to attend public hearings on the U.S. torture program and North Carolina’s involvement, to be held in Raleigh, NC on Nov. 30 and Dec. 1.  The North Carolina Commission of Inquiry on  Torture  (NCCIT) is conducting the nation’s first state-level, non-partisan, blue-ribbon examination of the record of U.S. torture, in particular of the role played by North Carolina in the Rendition, Detention, and Interrogation program.  That role involves hosting CIA aviation infrastructure that accounted for the renditions of fully 30% of the black-site prisoners listed in the Senate torture report.

The list of witnesses for the two days includes Alberto Mora, Juan Mendez, Mohamedou Slahi, Lt. Col. Sterling Thomas, Steve Kleinman, and Mark Fallon.  Fallon has written a controversial new book on torture, “Unjustifiable Means.”  NCCIT is a nonprofit organization established to investigate and encourage public debate about the role that North Carolina played in facilitating the U.S. torture program carried out between 2001 – 2009.

Guantanamo authorities no longer force-feeding hunger strikers

According to the anti-torture organization Reprieve, medical staff at Guantanamo are no longer force-feeding hunger striking prisoners.  Will the U.S. government allow prisoners to suffer organ failure or even death?  WAT organizer Dr. Maha Hilal in her recent article for Newsweek, poses the prisoners’ dilemma in  this way:

“But of course, what the prisoners are ultimately asking for is justice, not force feeding — something that seems to be increasingly out of reach under the Trump administration.”

Maha goes on to describe the nature of the prisoners’ act of resistance:

“Muslim prisoners who have constantly been vilified in the War on Terror are using this last, dangerous form of resistance — despite the personal harm it’s causing them — to re-claim ownership over their bodies in a system that has denied them all other levels of agency.”

Ever since WAT formed in 2005, traveling to Cuba to attempt to visit hunger-striking Guantanamo prisoners, fasting in solidarity with them at the prison gates, we have denounced force-feeding as an act of torture.  We call upon U.S. authorities to listen to the hunger strikers’ desperate pleas: Try the prisoners or release them.  End indefinite detention and torture.  Close Guantanamo.

The military commissions at Guantanamo have reached a “new low”

Andy Worthington details the latest absurdities in the war court at Gitmo.  A New Low for Guantánamo’s Credibility: The Brief But Absurd Imprisonment of the Military Commissions’ Chief Defense Counsel

Julia E. Rodriguez, September 11th Families for Peaceful Tomorrows, writes in the New York Times that the military commissions have “yielded nothing” for Sept. 11th families.  Guantánamo Is Delaying Justice for 9/11 Families

And lest we forget, the military base where the commissions are taking place is itself illegal, as WAT member Martin Gugino points out in his recent letter to the editor: The U.S. has breached Guantanamo agreement

We Must Resist: Come to DC in January!

For 13 years Witness Against Torture has championed the cause of the Muslim men unjustly imprisoned by the our government at Guantanamo, using the prison to shine a light on the other U.S. institutions of racist, Islamophobic state violence.   But now, as our outrageous Narcissist-In-Chief distracts the world, those very institutions are quietly cementing into place and strengthening the security state that deprives entire groups of people of due process and protection under the law.   We must resist: come to DC in January to witness in community and to build bridges with our allies as we engage the future!

Donate to support our work

Please consider a donation to help fund our annual Fast for Justice this January.  We are completely volunteer driven and run. We have no paid staff; all of the money you donate goes to funding the work we do together. We are fiscally sponsored by the Washington Peace Center. The Washington Peace Center is a verified US-registered non profit. If you are able, click here to donate.

Witness Against Torture formed in 2005 when 25 Americans went to Guantánamo Bay and attempted to visit the detention facility. They began to organize more broadly to shut down Guantánamo, end indefinite detention and torture and call out Islamophobia. During our demonstrations, we lift up the words of the detainees themselves, bringing them to public spaces they are not permitted to access. Witness Against Torture will carry on in its activities until torture is decisively ended, its victims are fully acknowledged,Guantánamo and similar facilities are closed, and those who ordered and committed torture are held to account.

Please “like” us on Facebook & follow us on Twitter.


Announcing 2018 Fast for Justice, Jan. 7-14

In Focus - Front Page // Film

Dear Friends,

2018 Fast For Justice, Jan. 7 – 14
Mark your calendars!  Witness Against Torture will return to Washington January 7 – 14 for our 2018 Fast for Justice.  As a community we will again offer our public witness to close Guantanamo, end indefinite detention, and hold torturers accountable.

We hope you’ll join us as we gather at First Trinity Lutheran Church in Washington, DC beginning on the evening of Jan. 7.  We’ll start our fast after having a meal together Monday morning Jan. 8.  On Thursday, Jan. 11 we’ll hold a day of action to mark 16 long years since the first men were brought to Guantanamo.  We’ll conclude our Fast for Justice with a strategic planning weekend, inviting our partners to join us. Further details about the week’s activities will be provided later.  If you plan to come, please let us know at

Welcome to Camp America:  Inside Guantanamo Bay, Oct. 19 in DC
Please join CCR for a conversation about Guantánamo, art, and activism to celebrate the launch of conceptual documentary artist Debi Cornwall’s new book, Welcome to Camp America: Inside Guantánamo Bay.   The event will be held Thursday, Oct. 19, 6:00 – 8:00 pm, at Busboys and Poets (14th & V St.) in DC.  Witness Against Torture and DC Justice for Muslims Coalition are cosponsors.  CCR advocacy program manager Aliya Hussain will moderate the conversation with Debi Cornwall, Major Raashid Williams, a defense lawyer with the Military Commissions Defense Organization, and Dr. Maha Hilal, the inaugural Michael Ratner Middle East Fellow at the Institute for Policy Studies and an organizer with Witness Against Torture.   To learn more about the event, visit CCR’s webpage.

Reflecting on accountability for torture
WAT organizing team member Dr. Maha Hilal recently published an article entitled “Abu Ghraib: The legacy of torture in the war on terror.”  Reflecting on the recent hearing about contractor accountability in the case Al-Shimari v CACI et al, Maha writes: “For the United States in the war on terror, accountability has meant little other than prosecuting the so-called ‘bad apples’ who conduct torture and/or murder in order to make the point that they are an aberration, not a product of a system-wide policy of sanctioned abuse in the war on terror.”

Donate to support our work
Please consider a donation to help fund our annual Fast for Justice this January.  We are completely volunteer driven and run. We have no paid staff; all of the money you donate goes to funding the work we do together. We are fiscally sponsored by the Washington Peace Center. The Washington Peace Center is a verified US-registered non profit. If you are able, click here to donate.

Witness Against Torture formed in 2005 when 25 Americans went to Guantánamo Bay and attempted to visit the detention facility. They began to organize more broadly to shut down Guantánamo, end indefinite detention and torture and call out Islamophobia. During our demonstrations, we lift up the words of the detainees themselves, bringing them to public spaces they are not permitted to access. Witness Against Torture will carry on in its activities until torture is decisively ended, its victims are fully acknowledged, Guantánamo and similar facilities are closed, and those who ordered and committed torture are held to account.







Remembering Guantánamo on Independence Day

In Focus - Front Page // Film

By Andy Worthington, author of “The Guantánamo Files” and co-founder of the Close Guantánamo campaign

Today, as a British citizen, I’m acutely aware that, 241 years ago, the United States of America issued a Declaration of Independence from the UK, noting that King George III had sought “the establishment of an absolute Tyranny.”

A system of checks and balances introduced by the Founding Fathers was supposed to prevent tyranny from arising in the liberated United States of America, and yet, at various times in its history, these safeguards have been discarded — during the Civil War, for example, and during the Second World War, in the shameful internment of Japanese Americans.

Another example is still taking place now — at Guantánamo Bay, in Cuba, where the U.S. runs a naval base, and where, since January 11, 2002, it has been holding prisoners seized in the “war on terror” that George W. Bush declared after the terrorist attacks of September 11, 2001.

Under the laws and treaties we rely on to protect ourselves from executive tyranny, people can only be deprived of their liberty if they are accused of a crime, when they must speedily be put on trial in a court with a judge and a jury, or if they are seized on a battlefield during wartime, when they can be held until the end of hostilities, unmolested and with the protections of the Geneva Conventions.

However, in the “war on terror” declared after 9/11, George W. Bush came up with a third method of imprisonment that brought back into sharp focus the executive overreach of centuries past that was supposed to have been done away with once and for all.

Bush and his advisors decided that prisoners seized in their “war on terror” would have no rights whatsoever, and could be held forever if they so wished. They invented a term for them — “enemy combatants” — and, when they felt they were resistant to questioning, they introduced a torture program to get them to talk. This was repellant under any circumstances, but it was also an innovation based, often, on shockingly imprecise information.

Men were rounded up in Afghanistan and Pakistan not because they were “on the battlefield,” as the US authorities claimed, but because, for the most part, they were sold to the US by their Afghan and Pakistani allies for generous bounty payments. Others, who were rounded up by the U.S., were often seized as a result of unreliable evidence, and these men, held in Guantánamo, in CIA “black sites” in Thailand, Poland, Romania and Lithuania, and even in proxy torture prisons run by other regimes — in Egypt, Jordan, Syria and Morocco, for example — then ended up telling lies about their fellow prisoners, to such an extent that the publicly available files (leaked to WikiLeaks by Chelsea Manning, and publicly released in 2011) are so full of unreliable information that they are, fundamentally, worthless.

And yet, Guantánamo continues to exist — with the Bush administration’s early claims that the men held there were “the worst of the worst” still resonating throughout American public life, and with most Americans unconcerned by the tyranny that is happening in their name at this wretched offshore prison.

There have been times in Guantánamo’s long and ignoble history when it has been off the radar more fundamentally than at other times. One such occasion was in the prison’s early years, under George W. Bush, when no one wanted to speak out. Then under Obama, there was widespread silence, after his promise to close the prison within a year expired, unfulfilled, and Congress cynically set up obstacles to try to prevent the release of prisoners, until the prisoners themselves brought Guantánamo and its ongoing injustice back onto the agenda through a prison-wide hunger strike in 2013.

And now, under Donald Trump, with so much going wrong under his inept leadership, Guantánamo has once more receded from view, after Trump’s early attempts to send new prisoners there, and to reintroduce torture, were widely criticized, not just outside his administration, but even by some of his own appointees, who are clearly not as unhinged as the president himself.

To be honest, though, Guantánamo has never been as prominent in the minds and the consciences of ordinary Americans as it should have been, and this is as true now as it was when the prison first opened, 15 and a half years ago.

Those of us who recognize Guantánamo for what it is — a legal, moral and ethical abomination, which shames America every day is it open — will continue to campaign to get it closed, and if you are not already with us, we hope you to will be moved to join us, to rid us of the tyranny that has been allowed to thrive in this U.S.-controlled corner of Cuba for far too long.


Torture: The Law is Clear, But the President is Committed to Breaking It

In Focus - Front Page // Film

By Matt Hawthorne

President Trump has been called many things, but “principled” isn’t usually one of them. That being said, despite demonstrating an extreme ideological flexibility on most common political flashpoints, on the issue of torture, he might accurately be said to be “principled” – his “principle” being a deep personal commitment to torturing people he thinks deserve it – disregarding the law, morality, and whether or not it achieves anything.

During the campaign President Trump said that he would order suspected terrorists to be tortured, specifically saying “I would bring back waterboarding, and I’d bring back a hell of a lot worse than waterboarding.”  He also said “If [torture] doesn’t work, they deserve it anyway”, and when told that the military would refused to carry out illegal orders to torture people, he responded “If I say do it, they’re going to do it.  That’s what leadership is all about.”  Since he took office, the President has again stated that he believes that torture works and that we should use torture.

The good news is that laws against torture are clear.  Both the Geneva Conventions and the United Nations Convention Against Torture (treaties the U.S. has both signed and ratified) explicitly prohibit torture.  In reporting to the UN Committee on Torture, the U.S. has claimed that “all acts of torture are offenses under criminal law in the United States. ”  And the U.S. Constitution prohibits “cruel and unusual treatment” – something that anyone with a sense of common decency understands includes torture.

Readers likely recall though that these laws were insufficient to prevent the Bush Administration from engaging in torture.  Instead, the Bush Administration hired unethical lawyers who re-interpreted the laws banning torture to allow a torture program that included acts like waterboarding to the point of inducing convulsions and vomiting, medically unnecessary rectal feedings, slapping and punching, ice water “baths” to the point of inducing hypothermia, cramped confinement boxes, and threats to sexually abuse civilian members of detainees’ families.  At one point those carrying out the Bush era torture program even imprisoned the intellectually challenged family member of a detainee and taped his crying so that they could use it in an attempt to force the detainee to provide information.  At another point during the Bush torture program, a detainee was left naked from the waist down, chained to a concrete floor in 36 degree temperatures until he died.

Fortunately, in a triumph for rule of law and American democracy, after the facts about the Bush Administration’s illegal, immoral, and ultimately ineffective  torture program were made public, Congress responded by passing a new law, specifically intended to prevent a return to a Bush era-like torture program.  This law, generally referred to as the McCain-Feinstein amendment, requires that government agencies follow the guidelines in the Army Field Manual on Human Intelligence Collector Operations while conducting national security-related interrogations (these guidelines clearly prohibit acts of torture such as those carried out during the Bush era torture program).  Additionally, the McCain-Feinstein amendment requires that the International Committee of the Red Cross be given access to all detainees.  When it was voted on in the Senate, this amendment received majority support from both parties – symbolizing a bipartisan rejection of Bush era torture policies.

Thanks to the 2016 election results, though, the situation today with respect to torture is extremely worrying.  Because of the McCain-Feinstein amendment, the laws against torture are stronger and clearer than they ever have been before.  Earlier this year, Senate Majority Leader Mitch McConnell and Speaker of the House Paul Ryan underlined this at a press conference when in response to a question about President Trump’s support for torture, they responded by saying that “ torture is not legal and we agree with it not being legal.”  At the same time though, our country’s President remains personally committed to torture.

So where does this leave us?  In a word, vigilant.  The law is clear, but we cannot underestimate a President’s ability to take advantage of a crisis to muster support for breaking the law.  Nor, frankly, should we overestimate the degree of this President’s respect for the law – even in the absence of a crisis.  We can (and should) be hopeful that the law will be sufficient to prevent a return to torture, but we cannot rely solely on that hope.  Instead we must be constantly watchful for signs that President Trump is authorizing a new torture program, and we must be ready to respond quickly with public protests, congressional advocacy, and educational campaigns if we learn that he has done so.  Also, we should take the opportunity now, before we confront the specter of a new torture program, to build additional congressional and public opposition to torture generally.  The more people who see torture as not just illegal and immoral but also un-American, the fewer yes men President Trump will have available to support torture.

Matt Hawthorne is the Policy Director at the National Religious Campaign Against Torture, a national interfaith non-profit committed to ending U.S. torture in policy and practice.



Communications Management Units: Prisons for Victims of the Domestic War on Terror

In Focus - Front Page // Film

by Helen Schietinger, organizer for Witness Against Torture

A Prison Just for Muslims

When the federal Bureau of Prisons (BOP) created the first Communications Management Unit (CMU) in 2006, nobody outside the prison bureaucracy — not the prisoners sent there, not their lawyers, not the public — knew of its existence.  It was a prison within a medium security prison in Terre Haute, Indiana, where Muslim men, some convicted of “terrorism-related crimes,” were being quarantined from the general prison population and cut off from their families and their communities.  The CMU is housed in what had been a decrepit, abandoned building in the prison compound: the closed death row facility that formerly held Timothy McVeigh. The Center for Constitutional Rights (CCR) began researching  its existence when prisoner after prisoner wrote letters to them desperately seeking help from behind bars to have contact with their loved ones.  CCR then mounted a legal challenge in 2010.

When other prisoners and the outside world noticed what was happening, both CMUs (a second opened in Marion, Ohio) quickly became labeled “terrorist units” by those in the general prison population. Thus the domestic myth was reinforced that the government is punishing and segregating Muslim terrorists.  In media coverage the CMUs were called Little Gitmo and Guantanamo North, given that they housed Muslim men, but this also mirrored the myth that the notorious, offshore prison is keeping “the worst of the worst” terrorists off the battlefield.

CMUs differ from Guantanamo in a very significant way, however.  All the prisoners in CMUs have been convicted of crimes (many on the basis of FBI-paid informants — more about that later), while almost all prisoners in Guantanamo have never been tried or convicted. The few convictions have been in “military tribunals” in which defendants are denied proper due process.

The BOP plays a cat and mouse game to avoid having to disclose information about or close the CMUs.  After being challenged on the basis of religious discrimination, the prison administration began admitting non-Muslim “balancers” to the prison: environmental activists, organizers for prisoner rights, others who might want to “recruit and radicalize others.” Thus the CMUs were expanded into prisons for political activists and dissidents.  However, even today 60% of the prisoners are Muslim, while only 6% of the overall prison population is Muslim.

The CMUs were established without the requisite public notification, and prisoners were transferred to the units without being told where or why they were sent there. They were given no process by which to be restored to the general prison population.  Their contact with the outside world was severely limited: they were allowed much less time than other prisoners to speak by phone or have visits from their immediate families and were denied all physical contact with their family members during visits. Communication with friends and relatives beyond their immediate families was severely limited.

As CCR began developing its legal challenges regarding due process and First Amendment rights violations, BOP made some changes, such as minimal increases in time allowed for visitation and documentation of the procedures for assignment to and discharge from CMUs.  Thus, with CCR and public scrutiny the situation of CMU inmates did improve.  However, implementation of these new procedures remain arbitrary or nonexistent according to prisoners’ attorneys.

CCR’s case against the CMUs returns to court this summer, having been remanded to the lower (district) court. The district court judge is currently considering whether CMU procedures violate due process, and a decision is expected any time.  According to CCR attorney Rachel Meeropol, “The [appellate] court’s decision makes clear that the BOP cannot simply send anyone they want to a CMU, for any reason, without explanation, for years on end.”

What is it like in a CMU?

Prisoners continue to suffer in extreme isolation in these unique U.S. prison units.  While the legal challenge drags along, several aspects of the prisoners’ situations make their lives miserable.

First, they are stigmatized as terrorists:

CMU prisoners, within the larger prison system, and their families, in the community, are stigmatized with the terrorist label, in broad brush strokes by the press and in vague but vivid innuendo by their prosecutors. The families bear the burden of the label terrorist in their neighborhoods, schools and mosques. Other prisoners and prison staff perceive the CMU prisoners as terrorists.  This has a chilling effect on personal relationships, cutting them off from society on multiple levels.

Media coverage of the CMUs has led the public to believe that the government is protecting them from Muslims who must be segregated because they might otherwise commit terrorist acts, even while incarcerated.  Meanwhile, non-Muslim home-grown terrorists go unnamed as terrorists on a routine basis: Dylan Roof, who slaughtered nine African Americans in their own church, or Craig Stephen Hicks, who executed three of his Muslim neighbors.  (In fact, Hicks is housed in a county jail and the investigation into whether it was even a hate crime is crawling into its third year.)  Jeremy Christian, who murdered two people and injured a third in Portland, Oregon while verbally assaulting a woman in a hijab, has been called a white supremacist, but major media has not labelled him a terrorist.

According to the FBI, domestic terrorism involves “activities dangerous to human life that violate state or federal law and appear to be intended to intimidate or coerce a civilian population.”.  Terrorist acts against people of color and people who are Muslim in the U.S. are blatant and in-your-face, and they are not conducted in a vacuum.  On June 10th there were nationwide “Marches  Against Sharia” sponsored by the anti-Muslim hate group ACT for America.

Second, their rights and privileges are drastically and unreasonably curtailed:

As has been described, the government is holding CMU prisoners under more restrictive conditions and environments than the general prison population without justification based on their behavior.  Their communication with the outside world is extremely restricted.  For example, CMU prisoners can be limited to 45 minutes of phone calls a month, compared to 300 minutes that are allowed inmates in the Florence ADX Supermax prison. Visits can be limited to 4 hours a month, compared to 35 hours a month for prisoners in Supermax prisons.   Visitors can be limited, and the visits are severely controlled and monitored.  These are non-contact visits, even with family: the men are not allowed to be in the same room with or to touch, much less hug, their loved ones. All family visits are conducted with a thick plate of glass between the person and his spouse and children.  All visits must be conducted in English unless permission is granted 10 days in advance.  Even outgoing mail can be restricted to six pages of per month.  Moreover, speech is regulated. CMU prisoners have been put in solitary confinement (called the SHU for Special Housing Unit) for complaining about their prison conditions.  Finally, there is continual video surveillance throughout the facilities.

Third, many prisoners didn’t DO anything harmful:

The CMU prisoners whom I’ve read about were victims of “preeemptive prosecutions.”  They were either enticed by paid informants into participating in the planning of what were described in court as future, never-enacted crimes, or they were convicted on bizarrely flimsy grounds for criminal offenses they were allegedly going to commit.  These convictions have led to long sentences in federal prison.  The stories of two men, highlighted in the next section, illustrate this new mechanism for prosecution.

Stories of Injustice

Yassin Aref

Let’s look at the story of Yassin Aref, a Muslim cleric who came to the U.S. with his wife Zuhur and their three children from Iraq as Kurdish refugees seeking asylum in 1999.  After 2003, the FBI began monitoring him but could not find any wrongdoing. They then assigned a Pakistani informant named Shahed Hussain, known as Malik, to get involved with a local businessman named Hossain who was also a supporter of Aref’s mosque.  The plan was to get Hossain to arrange for Malik to borrow $50,000 to buy a missile launcher, using a code word for the weapon, and in exchange he would receive $5,000 for his business.  Aref’s sole role in the transaction was to serve as witness, or notary, to the loan, a common role for him as imam.

And this is the chilling result :

To outside observers of the case, the details that emerged during the trial were troubling. The FBI testified that Aref knew the code word, linking him to the conspiracy, but according to recorded conversations, there was no evidence that either Malik or Hossain informed him of the term. And though Malik had shown a fake missile to Hossain, the FBI decided against showing it to Aref because they worried that he would be “spooked.”

The case, observers noted, ultimately lacked definitive evidence that Aref knew the true nature of the transaction, and the jury was directed to ignore the motives of the FBI’s investigation. As Judge Thomas J. McAvoy instructed them, “The FBI had certain suspicions, good and valid suspicions for looking into Mr. Aref, but why they did that is not to be any concern of yours.”

“I’m not only surprised that the jury convicted him, but I’m sure the judge was surprised too,” says Stephen Gottlieb, a professor at Albany Law School and author of Morality Imposed: The Rehnquist Court and Liberty in America. “They basically turned two decent men into criminals.”

His attorney Manley believes he lost on emotional grounds. “I think the fear got to [the jury]. They ended up convicting him out of fear that he might be some kind of shadowy bad guy.” Steve Downs, another member of Aref’s legal team, attributes it to what he calls “the Muslim exception.” The emotion and politics of 9/11 had, they argue, altered the threshold for what constituted reasonable doubt.

Aref was convicted of providing material support to a terrorist organization by helping finance the purchase of the missile. Currently serving a 15-year sentence, he was in a CMU for four years but is now in a low security prison in Pennsylvania.

Rafil Dhafir

And then there’s the story of Rafil Dhafir, MD, an oncologist in upper New York State who ran a Muslim charity called Help the Needy (HTN) for thirteen years.  It raised millions of dollars to send to Iraq’s vulnerable citizens during the time of economic sanctions leading up to the 2003 US invasion of Iraq.  He was arrested and accused of terrorism related to his charity, but was ultimately convicted of violating the economic sanctions against Iraq, money laundering, and Medicare fraud. He was sentenced to 22 years in prison and served several years of that sentence in the Terre Haute CMU.  Although no terrorism charges were ever brought against Dhafir, he is on the government’s list of successful terrorism convictions.

A comprehensive Truth-out article describes the use of Dhafir as an example of the government’s success in apprehending terrorists.  The media hysteria was fanned by politicians and law enforcement alike:

At approximately 6:30 AM on February 26, 2003, upstate New York oncologist Dr. Rafil Dhafir pulled out of his driveway in Fayetteville, heading to his practice in the underserved area of Rome; he has never returned. Just moments later, he was pulled over and arrested by two federal investigators and a New York state trooper on charges that he had violated International Emergency Economic Powers Act (IEEPA) by sending food and medicine for 13 years through his charity Help the Needy (HTN) to sick and starving Iraqi civilians. Back at the house he had just left, Mrs. Dhafir was now standing in her entryway with five guns pointed at her head after government agents broke down the door because she had failed to answer quickly enough.

The arrests were accompanied by a media circus: helicopters hovering over Dhafir’s house and all day-reports of the comings and goings of 80 federal agents. Attorney General John Ashcroft announced that “funders of terrorism have been arrested” and Gov. George Pataki claimed the arrests proved the existence of “… terrorists living here in New York state among us … who are supporting or aiding and abetting those who would destroy our way of life and kill our friends and neighbors.”

According to a recent statement by Katherine Hughes, who has closely followed his case:

Dr. Dhafir is currently in his 15th year of a 22-year prison sentence for a crime he was never charged with in a court of law: money laundering to help terrorist organizations. His real crime was sending food and medicine, for 13 years, to sick and starving Iraqi civilians during the brutal US and UK-sponsored UN embargo on that country.

Dr. Dhafir is yet another Muslim man who was imprisoned in the CMU in Terre Haute, Indiana, another victim of the “War on Terror.”


No Separate Justice: No SAMs

#foreverhumanbeings Campaign // Film

By Jeremy Varon, a member of Witness Against Torture.

Under murky skies at dusk, a small but determined group held vigil on June 5 at the foot of what is perhaps Manhattan’s most monstrous building: the Metropolitan Correctional Center (MCC).  The ugly, imposing structure — strangely hidden amidst a thicket of government facilities — is a federal prison.  It continues to house “war on terror” suspects under what are among the most inhumane conditions in the United States’s entire penal system.

The vigil was held by No Separate Justice (NSJ), a coalition that includes the Center for Constitutional Rights (CCR), the National Coalition to Protect Civil Freedoms, Amnesty International, the Campaign for Alternatives to Isolated Confinement, and Witness Against Torture (WAT).  The focus of the vigil was the use in federal prisons of Special Administrative Measures, or “SAMs.” Shrouded in great secrecy and overwhelmingly used against Muslim inmates, SAMs impose staggering restrictions on inmates’ access to human contact within the prison, to knowledge of the outside world, and to family members.  The vigil’s speakers provided both information and a picture of the suffering caused by SAMS.  Legal researchers conveyed what little is publicly known of SAMs.  Advocates from CCR read heartrending letters from the siblings of Abu Ahmed Ali, incarcerated for years at the ADX “supemax” prison in Florence, Colorado under SAMs restrictions.

The attention to SAMs brought No Separate Justice full circle.  The vigils got their start in 2009 to protest the treatment of MCC inmate Fahad Hashmi.  A US citizen of Pakistani origin, Hashmi was arrested in England in 2003 on suspicion of material support for terrorism. Extradited to the United States, he faced heavy charges based on an achingly tangential connection to an Al Qaeda operative turned state’s witness.  Hashmi was subject to more than two years of SAMs when in pre-trial detention.  With his physical and metal health failing from the extreme isolation, he accepted in 2010 a plea deal carrying a 15-year sentence.  No Separate Justice started a new round of vigils in 2015.  The group continues to highlight his case, as well as other abuses with federal “war on terror” investigations, prosecutions, and imprisonment.

* * *

The June 4 vigil began with chilling reflections from its MC, Abi Hassan.  Hassan is a civil rights lawyer working with the Black Movement Law Project.  Hassan contended that the United States’ legal and civic infrastructure, much like its physical infrastructure, is collapsing.  “Different classes of people” such as the poor, African Americans, and many immigrants, “have different systems of law.” The country has reached a point, Hassan contended, where even upholding the “ideal” of the rule of law appears “antiquated.”  SAMs, with their Kafkaesque administration and draconian measures, represent the further chipping away at a proper system of law.

Following Hassan, four recent Yale Law School Graduates (Andrew Walchuck, Tasnim Motala, Andy Udelsman, and Allison Frankel) glossed summarized the major findings from their years of research on SAMs.  Created in 1996 to deter the potential criminal plots of prisoners, SAMs metastasized after 9/11.  These measures prohibit nearly any direct human contact whatsoever with the prisoner, while greatly censoring trickles of reading material (Barack Obama’s Tales of My Father was in one case banned, for fear that it would disrupt order within the prison).  Infrequent phone calls are permitted, only to immediate family. Crucially, SAMs impose gag orders on the inmates, their attorneys, and family members.  As a result, little is known about SAMs themselves and any public advocacy for the inmates is severely hampered.  Last, SAMs are often applied in pre-trial detention and may therefore be used coercively.  A prisoner may well accept a plea deal in hopes that the SAMs will then be lifted.

To obtain critical documents for their research, the legal team had to sue the US government for violation of its obligation to properly release material in response to Freedom of Information Act requests.  After four years the researchers were finally handed nearly 1,000 pages of documents.  At the vigil, the Yale team enumerated constitutional objections to SAMS.  The measures potentially violate: equal protection, given their discriminatory application against Muslim prisoners; the First Amendment, in both their restrictions on the speech of inmates and attorneys and limits on religious liberty (Muslims prisoners, eg, are denied group worship); and prohibitions on cruel and unusual punishment, in light of the devastating effects of this severe form of solitary confinement.  The law school grads concluded their presentation with the key recommendations of their report; prepared in conjunction with CCR, it will be released in a month of so.  It calls for an end to SAMs and, failing that, greater government transparency about their use and the lifting of SAMs gag orders.

The greatest emotion of the vigil came when letters from the siblings of Abu Ahmed Ali were read.  He was arrested in Saudi Arabia in 2003.  Age 22, he was studying at university.  After torture and 47 straight days of interrogation, Ali signed a “confession” to criminal activity.  This “confession” played the key role in his conviction in the United States for material support for terrorism and related charges.  He was initially sentenced to 30 years, though the judge conceded that no person was harmed by his alleged actions.  On government appeal, his sentence was then extended to life in prison. He has been under SAMs for 11 years.

Abu Ahmed Ali’s brother and sister testify in their letters to the terrible effects of SAMs.  Their mother keeps permanent vigil by the phone in anticipation of his short, unscheduled, and infrequent phone calls.  His remote detention in Florence Colorado makes visits extremely difficult.  He can never hear the voice of extended family, such as in-laws.

No Separate Justice speaks out for true equality under the law.  Sadly, the SAMs are but one example of the separate standard of justice now being applied in domestic “war on terror” prosecutions and detentions.  The collapse of the rule of law, Abi Hassan stressed at the vigil’s start, is not due to neglect but is instead an act of will.  Only with our persistent courage and defiance can the ideal of equality under the law — always badly compromised in the United State’s checkered history— be given new life.