Yemen Archives - Witness Against Torture

Manijeh Saba Acquitted in Jan 9, 2019 Supreme Court Protest Case

Fast for Justice 2019 // Film

March 29, 2019

On March 27, U.S. District Court Judge Deborah A Robinson granted Manijeh Saba’s Motion for Judgment of Acquittal of the charge of illegally protesting on the steps of the Supreme Court on January 9, 2019. She agreed that the government failed to show that Manijeh had violated the statute by bringing into public notice a party, organization or movement. Judge Robinson went on to explain that although she appeared as one of five holding a sign, the sign did not refer to a party, organization or movement. The sign read, “We Target, We Torture, We Terrify: Who Are We?” There was no mention of Guantanamo Bay on her clothing or on the sign or in the words to the song they were singing: “Know where you stand — No More War; Know where you stand and stand there!”

Manijeh’s trial began on March 6. On March 27, she continued her cross-examination of Supreme Court Chief of Police, Jeffery Smith. Acting as her own attorney (pro se), she asked carefully constructed questions making the point that the charged offenses, and subsequent treatment during over 24 hours in police custody, were far harsher than the defendant’s nonviolent conduct warranted.

Here is an excerpt from her cross examination of the Supreme Court Chief Of Police:

Saba: Were we orderly and peaceful? Smith: Yes
Saba: Is it true that we did not interfere with ingress or egress to the Supreme Court? Smith: Yes
Saba: Was it standard procedure to arrest me? Smith: Yes.
Saba: Did you know they would hold me overnight? Smith: Yes.
Saba: Was it standard procedure not to have a phone call? Smith: I can’t answer that.
Saba: Was it standard procedure not to have enough clothing? ….. My outer garments were removed and held, and when I was released from jail without any ID or money I had to find my way back to the Supreme Court without winter garments. Smith: That was transport. I cannot speak for what happened.

When all the testimony had been presented, Manijeh delivered her Motion for Judgment of Acquittal (MJOA), a motion asking that the charges be dropped. Her statement began:

Firstly, the law is too broad, as Chief Judge Howell articulated [in Hodge v. Tarsi]. The law is intended to ensure decorum and prevent disruptive demonstrations that would prevent ingress or egress to the Court, which did not occur in this case. Therefore, a conviction for being behind a banner on the lower steps is not in keeping with the intention of the legislature and is an improper application of this law.

Secondly, the charge is for a de minimus violation which should not result in a conviction. There is no signage to indicate that you lose your first amendment rights at the temple of justice, the very place where such rights should be protected. There was no proper warning, since the police could have easily told us that we could lawfully demonstrate just a few feet away on the sidewalk. It is not proper for the police to say that the warning is meaningful, since they say “You are in violation of Title 40″ – am I really in violation of all several hundred pages of that title of the US code?

Judge Robinson obviously understood the reasonableness of Manijeh’s MJOA and the importance of the First Amendment. After hearing the government’s and defendant’s testimony and reviewing the videotape of the arrests and arrest photos she concluded that the government failed to offer evidence that their purpose was for assemblage or display to bring into public notice a movement. Moreover, she stated that there was no proof that Manijeh was in a nexus with the people on the sidewalk who were protesting Guantanamo.

Afterwards Mark Goldstone, her Attorney Advisor, said, “Manijeh Saba has tirelessly advocated for First Amendment freedom of speech rights since becoming a citizen many years ago. She spoke out non-violently on the steps of the Supreme Court. She defended herself in Court and her voice was heard as she won an acquittal using her voice to speak truth to power.”

Manijeh’s persistence should give us hope, even in the times when we do not prevail in court. She had no idea she would be acquitted when she said in her opening statement on March 6:

I engaged in a peaceful, inspiring demonstration against unending bombing and killing of Yemenis that our government supports. With respect to Guantanamo, I was protesting the unlawful detentions and demanding the release of five Muslim men who have been approved for release, and 32 Muslim men who shouldn’t have been detained in the first place, as determined by the courts. I was standing on the safe public grand plaza of the Supreme Court. I crossed no barrier or barricade. My conduct was heartfelt and peaceful in defense of my inalienable right to speak for peace and Justice. Therefore, it did not seem reasonable to me for the officer to stop us from speaking out peacefully by arresting us.

Manijeh’s legal defense was expensive and although WAT has been able to contribute some from general funds, she’s still got a long way to go. To help her, write checks out to Witness Against Torture, with “Manijeh legal defense” in the subject line and mail to:

New York Catholic Worker
Attn: Witness Against Torture
55 East Third St.
New York, NY 10003

Manijeh Saba fell ill during court proceeding: Her trial continues on March 27

In Focus - Front Page // Film

Manijeh Saba’s trial in U.S. District Court for the charge of protesting on the steps of the Supreme Court began on Wednesday March 6th. On January 9, she and four others were calling out the U.S. government’s complicity in war atrocities against the people of Yemen as well as its ongoing torture of Muslim men at Guantanamo Prison. They were arrested on January 9, but charges were dropped against three others and Joanne Lingle pleaded guilty.

Early in Wednesday’s proceedings Manijeh fainted, and Judge Deborah A. Robinson scheduled a continuation of the trial on March 27 at 10:30 in Courtroom 4 of the Prettyman U.S. District Courthouse, 333 Constitution Avenue NW, 2^nd floor. Please come for support, if you can!

After trial preliminaries Manijeh presented her opening statement. As she spoke, she needed to pause as she became overcome with emotion and also began to feel faint. Judge Robinson asked if she would like to sit down, but she insisted on completing her statement:

Good Morning your Honor, I’m Manijeh Saba.

Today, you will hear that I allegedly violated a law by protesting. I intend to show you that my actions were not illegal, that they were an exercise of my First Amendment Rights. I will ask you, at the end of this trial, to find me not guilty, because my conduct is protected by the First Amendment of our Constitution.

I am a 72 years old Iranian-American mother, grandmother of three, and married to Majid Maleki for 46 years. I came to the United States in 1977 for graduate studies. I am a political sociologist with focus on women and development.

I was born in Iran, in a military household during a short-lived, decade of burgeoning democracy whose life was cut short, thanks to the US-British coup d’état of 1953. Hence, I have experienced two authoritarian regimes in Iran, one that of the Shah, and the other the continuing brutal theocracy of the Islamic Republic. As a result, I know what it means to live under a dictatorial regime.

As I remember, I have always been curious, asked questions, and pushed against unreasonable boundaries. Therefore, resistance against totalitarianism, regardless of where it exists, and however it rears its vicious head, is a fundamental part of who I am.

I became a US citizen in 1996 and have voted in every election since then. As part of the citizenship process, I took the oath to “support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic”. I have great respect for our constitution and carry a copy with me at all times. I took the pledge of nonviolent resistance and have tried to follow the path of Mahatma Gandhi and Dr. Martin Luther King who, in the face of violence, gave their lives in promotion of peace and justice.

It is this background that has brought me before you today.

On January 6th of this year, the 17^th anniversary of the opening of Guantanamo prison, I joined Witness Against Torture for a week in Washington DC to fast, remember, and raise awareness about the 9 Muslim men who died in Guantanamo, and the condition of the 40 remaining in the extrajudicial trap of indefinite detention each for at least 10 years. Of the 40 Muslim men still detained there, 5 have been cleared for release, as not a threat to security. The US Federal courts have determined that 32 others are detained unlawfully. How could this happen in the United States? I could neither forget nor stand by, when innocent people including the hundreds who have already been released without charge from Guantanamo are targeted and tortured with no end in sight.

Also, we spent the week remembering the horrific condition of the people of Yemen due to the US backed Saudi led coalition war since March 2015. This war is being fought with the support of United States Intelligence as well sale of bombs made in the United States. This forgotten war on Yemen has so far killed 146, 000 people, at least 70,000 of them children, and has displaced millions of people, causing a humanitarian catastrophe. On August 9^th 2018 a Saudi warplane dropped a US made 500 pounds laser-guided bomb killing 40 school boys and 11 adults. And of the 79 civilians wounded by this bomb, 56 were children.

On January 9, we marched to the United States Supreme Court protesting all forms of torture and the on-going Guantanamo detentions, as well as the unending wars and mass destruction that our government is concurrently involved in globally, particularly in Yemen since 2015.

Dozens of us, members of Witness Against Torture, most in orange jump suits and black hoods, representing the Guantanamo detainees, arrived on the sidewalk before the steps of the Supreme Court in the early afternoon. We were singing and chanting, we carried signs and banners denouncing the United States-backed Saudi bombing of Yemen and called for the closure of Guantanamo.

Several people in orange jumpsuits and black hoods laid down on bloodied shrouds on the sidewalk. We also placed 36 blue children’s book bags on a bloodied shroud, bearing names of the children killed in Yemen on a school trip.

At first, I stood without a sign at the foot of the steps. Later, I was given a sign bringing attention to the boys Killed in Yemen. I held it up high. Several minutes later, someone else took the sign and I joined four others who were holding a banner that read:
We Target, We Torture, We Terrify! Who Are We?

As we stood there we repeatedly all sang:   “Know where you stand. No more war. Know where you stand, and stand there.”

A short while later, we who held the banner walked up the first few steps of the Supreme Court and stood on the grand front plaza. It was a place that was safe, open for us, and we posed no threat and or obstruction to anyone who would enter or leave the building. It was a very cold (about 35 degrees), quiet day with very little public activity on the front plaza of the court. We repeatedly sang the song, along with our group standing on the sidewalk at foot of the steps.

After a while standing there, a Supreme Court security officer gave us three warnings to disperse or get arrested. I continued holding the banner and singing “Know where you stand, no more war. Know where you stand and stand there.” I risked arrest and did not leave. Why didn’t I leave? Because I believed then, as I do now, that the First Amendment of the United States constitution that states:

“Congress shall make no law … abridging the freedom of speech, …or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

protects my action.

I engaged in a peaceful, inspiring demonstration against unending bombing and killing of Yemenis that our government supports. With respect to Guantanamo, I was protesting the unlawful detentions and demanding the release of 5 Muslim men who have been approved for release, and 32 Muslim men who shouldn’t have been detained in the first place, as determined by the courts. I was standing on the safe public grand plaza of the Supreme Court. I crossed no barrier or barricade. My conduct was heartfelt and peaceful in defense of my inalienable right to speak for peace and Justice. Therefore, it did not seem reasonable to me for the officer to stop us from speaking out peacefully by arresting us. Nor does it seem reasonable that they did not offer us the alternative to speak out with others a few feet away on the sidewalk. There is nothing that distinguishes the sidewalk from the step.

Around 1:00 PM I was arrested along with 4 other fellow protesters, and was taken to the basement of the Supreme Court for processing. I was not given a phone call. I was questioned after I said I did not want to speak without an attorney being present. And then, I was sent to jail overnight in terrible conditions before conviction. My experience in custody of the Supreme Court police of the United State was most unusual and shocking.

Who are We?

I appear before Your Honor today, asking if the Constitution condones the arrest and jailing of five peaceably assembled protesters. It is my belief that it does not. That is why I was there that day and why I continued to protest. I will show the court throughout this trial that the law under which I am charged criminalizes peaceful demonstration of dissent, and therefore, it is a thoughtless affront to our Constitution and our values as Americans. I hope you will find that peaceful political protest is fundamental to our democracy and not a crime in our society. This is, who we are.
Read to the court on March 6, 2019.

The government then began its case by putting the Supreme Court Chief of Police, Jeffery Smith, on the stand. Manijeh was sitting down while cross examining him, as she wasn’t feeling well. Judge Robinson called a ten minute recess for her, but during that time Manijeh fainted. She quickly revived, nurses and paramedics arrived, examined her and asked if she wished to go hospital but she declined. After the recess Judge Robinson decided to schedule a continuation at 10:30 am on Wednesday March 27 in Courtroom 4 of the Prettyman U.S. District Courthouse, 333 Constitution Avenue NW, 2^nd floor.

Many local peacemakers were unable to attend on March 6 because of other events, including the annual Ash Wednesday service in front of the White House. Now everyone is encouraged to come to support on March 27th!

To help Manijeh with her legal defense, write checks to Witness Against Torture with “Manijeh legal defense” in the subject line and mail to:
New York Catholic Worker
Attn: Witness Against Torture
55 East Third St.
New York, NY 10003

Midweek Update from DC: Yemen action and more

Fast for Justice 2019 // Film

WAT action Wednesday at the Supreme Court
“Know where you stand and stand there.”

Wednesday, January 9, 2019
Dear Friends,

This evening we are holding in our hearts our five community members who are spending the night in Central Cell Block awaiting their arraignment tomorrow afternoon. Read our press release about the action and arrests below.

Then scroll down for news of our Tuesday evening protest at the White House during Trump’s speech and our community dialogue event earlier in the day. We conclude with an uplifting reflection by Ellen Huffman who is fasting in solidarity with us from Colorado. Thanks, Ellen!

WAT Press Release
Five Witness Against Torture Activists Arrested for Bannering on the Supreme Court Steps as Part of “Stop Torture” protest

Activists Participate in week-long fast calling on the U.S. to Stop Support for the Murderous War in Yemen and Close the Prison Camp at Guantanamo

On January 9, 2019, five human rights activists protesting all forms of torture were arrested while bannering on the Supreme Court steps. Their banner stated: “We Target. We Torture. We Terrify,” followed by the question “Who Are We?”

Joining them were dozens of protesters who formed a tableau to denounce US-backed war on Yemen and call for closure of Guantanamo.

Alongside the banner, 36 children’s bookbags were scattered atop bloodied shrouds. Each backpack bore the name of a Yemeni child killed on August 9, 2019 when a Saudi warplane dropped a Lockheed Martin 500 lb. laser guided bomb on their school bus. Remembering the nine prisoners who died in Guantanamo, activists clad in jumpsuits and hoods laid down on bloodied shrouds, across from the backpacks.

While Supreme Court security guards handcuffed those holding the banner, supporters sang: “Know where you stand. No more war. Know where you stand and stand there.”

Arrested were Sherrill Hogen, Manijeh Saba, Ellen Graves, JoAnne Lingles, and Charley Bowman.

Explaining why she chose to risk arrest, Ellen Graves, a social worker from Western Massachusetts said she is troubled by grotesque practices that have starved, maimed, dismembered and traumatized Yemeni children. Graves and many of the other activists have gathered for a week of fasting and action that marks January 11, the seventeenth year since Muslim men have been imprisoned in Guantanamo. “The misery of Muslim people continues,” said Dr. Maha Hilal after reading the names of the Yemeni children being commemorated along with the names of nine Muslim men who have died in Guantanamo.
####

Tuesday evening at the White House protesting the Trump address

We expected a quiet evening of planning on Tuesday, until Trump decided to make an address stumping for his wall. So we made haste to join other protesters in front of the White House to give our own counter-message: Is this who we are? We had been reflecting on that question earlier in the day in the context of Guantanamo and Yemen. We had no problem extending our analysis to “The Wall” and other state violence happening at our border. Indeed, is this who we are? #NoWall #CloseGitmo #YemenCantWait

Mike Fiala reports reports back on our community dialogue session at Codepink house on Tuesday

Local tenant justice activists Minnie and Yvonne warmly introduced us to their neighborhood where housing justice is one of the fundamental challenges.
We learned that battles they won in the past for holding onto affordable HUD-subsidized housing have returned. As Yvonne described it: first, it was segregation; then it was integration; now it’s gentrification. For her, gentrification is segregation by another name. Minnie & Yvonne were supremely interested in our work in WAT, easily expanding their hearts and their own concerns to us. In fact, they were struck by our WAT t-shirts and so two men gave them their shirts off their backs. They were also delighted to talk with Xavier University students who joined us for the dialogue. They invited us all back in the summer, talking about the wonderful parties, food, and children there are in their neighborhood!

Reflection from Solidarity Faster Ellen Huffman

40 men detained at the prison at Guantanamo. Less than ever since its opening in 2002, but still, 40 people. People. Individuals who have been held for years, some cleared for release for years, some never charged with a single crime.

I couldn’t attend the Witness Against Torture (WAT) convergence in Washington, D.C. this year–an experience that was incredibly meaningful to me the three years before–and so I tried to fast in solidarity with those 40 men from my home in Colorado. I knew the stats. I knew the reasons why striving to live in solidarity matters. I knew what it was like to hear the words of Guantánamo prisoners read over a handheld sound system while my stomach folded in on itself.

But this time I was alone. This time I could only be connected to the actions of my colleagues through texts and tweets. I’m in a new city where I don’t know too many people and certainly don’t know any other WAT/IRTF folks. I was alone.

And I know through my struggles with fasting on my own, with feeling isolated from my community, with feeling lonely and heartbroken, that I was not even skimming the surface of what it might feel like to be separated from family and neighbors, tortured and held for years on end. And I know that ultimately, I was not alone. How could I be?

We are made to seek justice in community. We are made to form connections while working for equality and peace. We need each other in this work. It is too hard on our own and we get so much more work done together. I know I treasure my year in Cleveland working with IRTF so much more–and I appreciated it quite a lot while I was there–now that I’m across the country.

This work of solidarity matters. You are no less alone than the men I fasted with. Watch your individual actions multiply by partnering with IRTF and WAT. You will be amazed.

Con paz y luz,

Rev. Ellen Huffman

Former IRTF board member, now residing in Boulder, Colorado, enrolled in a graduate program in Indo-Tibetan Buddhist Studies at Naropa University

If you are in the DC area, we hope you’ll make plans to attend the following:

Thursday evening panel, entitled The State of Muslim Rights in the War on Terror.
Congressional Briefing on Guantanamo, Friday, 10 am, Longworth House Office Building, Room 1539.
Rally at the White House, marking 17 years of Guantanamo, 2:30 pm.

Visit our website for our schedule, photos, and more.

Peace and gratitude,
Witness Against Torture

Letter to the UAE Ambassador protesting secret prisons and torture in Yemen

Uncategorized // Film

Witness Against Torture
Washington, D.C.
www.witnessagainsttorture.com
general information: Matt Daloisio daloisio@riseup.net

Embassy of the United Arab Emirates
Attn: His Excellency Yousef Al Otaiba, Ambassador
Washington, D.C.

January 9, 2018

Your Excellency,

We write with great concern about reports of UAE officials maintaining clandestine prisons in Yemen. The June 22nd AP report which so deeply troubles us described gruesome tortures happening inside the secret prisons.

We want to write a word about ourselves. We are a group of people who have campaigned since 2005 to close Guantanamo and end forever any use of torture. Our group is called Witness Against Torture. We feel particularly responsible to confront the U.S. government’s involvement in torture. It’s alleged that U.S. interrogators have been present in Yemen and, while not inside the chambers where people have been
tortured, U.S. officials have possibly interrogated people who have been subjected to torture.

Within Yemen, stories about torture and disappearance of prisoners must have an extremely chilling effect on any individuals or groups who would attempt to demonstrate on behalf of their loved ones who have disappeared and who fear that their loved ones have been tortured.

Recognizing that it would be quite difficult for Yemeni people to reach your Embassy here in the U.S., we are assembling here today to raise questions: How specifically does the government of the United Arab Emirates respond to each of the allegations made in the June 22nd, 2017 AP report? What information can you offer regarding the presence of U.S. interrogators who acknowledge having been in Yemen? How has the government of the United Arab Emirates responded to the estimated 2000 people in Yemen who have claimed that their loved ones have disappeared?

Recognizing that the UN regards the humanitarian crisis in Yemen as the worst in the world, as people face conflict-driven famine and disease, we feel increasing urgency to alleviate the suffering people face and help abolish any networks of clandestine prisons and any usage of torture by any of the warring parties.

Sincerely,
Members of Witness Against Torture fasting in Washington, D.C.