Flickr Photo by Peter Burgess
Mentally Ill Detainee Ordered to Be Released in 2004 Still at Guantanamo
Carol Rosenberg, a journalist for the Miami Herald and one of the few journalists who continue to follow operations and proceedings at the Guantanamo Bay prison reports "an emotionally ill detainee still being held at the U.S. detention center at Guantanamo Bay, Cuba, was first recommended for release by the Pentagon in 2004."
"Despite the Pentagon’s recommendation, it wasn’t until 2007 that the Bush administration adopted the military assessment and put Adnan Abdul Latif, now about 34, on an approved transfer list. By then, however, the issue of transferring prisoners to Yemen, Osama bin Laden’s ancestral homeland, was mired in a diplomatic standoff over whether the Arabian Peninsula nation could provide security assurances and rehabilitate suspected radicalized Guantanamo detainees.
U.S. District Court Judge Henry Kennedy disclosed the timeline in a heavily censored 28-page ruling made public on Monday night that ordered Latif set free. Latif is the 38th Guantanamo captive to be found by a federal judge to be illegally detained at the remote U.S. Navy base."
Ordered to be released by Kennedy on July 21, the Justice Department has been deciding whether to appeal the decision.
Latif’s lawyer, David Remes, says "why they continue to defend holding him is unfathomable" and contends, "Adnan’s case reflects the Obama administration’s complete failure to bring the Guantanamo litigation under control."
The detention of Latif is yet another incredibly disturbing indictment of a system developed to aid U.S prosecution of the "war on terror." Andy Worthington, author of The Guantanamo Files, detailed Latif’s capture:
"26-year old Adnan Farhan Abdul Latif (identified by the Pentagon Ab Aljallil Allal or Allal Ab Aljallil Abd Al Rahman Abd) stated that he had sustained a serious head injury in an automobile accident in 1994, and had spent years trying to find affordable medical treatment. After being told about the health-care office of a Pakistani aid worker in Afghanistan who would treat him, he said that he traveled to Afghanistan in 2001, and explained that, when the US-led invasion began, he fled to the border town of Khost and then made his way into Pakistan, where he was arrested by Pakistani forces, along with about 30 other Arabic-looking men. He told his lawyer, Marc Falkoff, that he later learned that each of them had been turned over to the US military for a bounty of $5000.
In his tribunal at Guantánamo, Latif appeared bewildered, refuting what he believed was an allegation that he came from a place called al-Qaeda by saying, "I am from Orday City in Yemen, not a city in al-Qaeda. My city is very far away from the city of al-Qaeda," which perhaps reinforces his claim that he had traveled to Afghanistan to receive treatment for a fractured skull."
In a recent post, Worthington illuminates his attorney, Marc Falkoff’s, reaction to the "unclassified summary of evidence"
"[W]hen I first saw the accusations, I thought they looked serious [but] when I looked at the government’s evidence, I was amazed. There was nothing there. Nothing at all trustworthy. Nothing that could be admitted into evidence in a court of law. Nothing that was remotely persuasive, even leaving legal niceties aside." At most, he added, "there was incredibly unreliable hearsay, often taken from other detainees who were — in the words of a military representative — "known liars,’ or else whom we now know to have been tortured."
Latif’s detention has driven him mad and turned him into a hazard to himself. An appeal issued in May 2009 by Amnesty International, as Worthington notes, described a "suicide attempt that took place on May 10, 2009, when he cut one of his wrists during a meeting" with Remes, his attorney.
"After the incident, Remes explained that Latif "chipped off a piece of the stiff veneer on the underside of our conference table and used it to saw into a vein in his left wrist " As he sawed, he drained his blood into a plastic container and, shortly before it was time for me to leave, he hurled the blood at me from the container." As Amnesty also explained, "A spokesman at Guantánamo confirmed the incident took place but said it could not be classified as a suicide attempt."
Amnesty also noted that Latif had been "held in solitary confinement in the psychiatric ward at Guantánamo since at least November 2008," and that he told his lawyers that "when he is awake he sees ghosts in the darkness, hears frightening voices and suffers from nightmares when he is asleep." He also told his lawyers that he had "ingested all sorts of materials including garbage bags, urine cups, prayer beads, a water bottle and a screw," that he had "eaten his own excrement and smeared it on his body" and that he had "used his own excrement to cover the walls of his cell door, the camera on the ceiling of his cell and the air vent in his cell."
In addition, Amnesty noted that Latif reportedly suffered from "a number of physical health problems, including a fractured cheekbone, a shattered eardrum, blindness in one eye, a dislocated shoulder blade, and a possibly dislocated knee." Latif also said that he suffered "constant throat and stomach pain which [made] it difficult for him to eat," but that, instead of dealing with this in an appropriate manner, the authorities strapped him in a restraint chair and force-fed him up to three times a day through a tube pushed up his nose into his stomach"
Rosenberg reports that recently Latif met his lawyer in "a padded green garment held together by Velcro called a "suicide smock." He had "been stripped of his underwear," and put into this "smock" which have been display for "reporters during camp tours." And, the "5-feet-4-inches" detainee" is now 93 pounds having lost more than twenty pounds since his arrival at the prison in January 2002.
As reported by AP in May 2009, after Latif’s suicide attempt, "the military says many incidents are not actual suicide attempts but merely "self-harm incidents" intended to gain attention."
The only problem with that argument is that "self-harm" is haram, which means it is not allowed in Islam. Muslims do not think their body is theirs. It belongs to Allah. If they do not treat their body properly, their body will be a testimony against their day of judgment before Allah. Latif’s desecration of his body affirms his attorney’s belief that Latif "sees death as his only way out."
Scott Horton with Harper’s Magazine has written about how the "suicides" are likely part of a cover-up of military wrongdoing at Guantanamo.
Latif’s case is but another example of what "the New Normal" does to human beings who get caught up in its inner workings. While presidential candidate Barack Obama said, after a Supreme Court ruling on June 12, 2008, that detainees held in Guantanamo Bay have a constitutional right to challenge their detention, "Today’s Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court’s decision is a rejection of the Bush Administration’s attempt to create a legal black hole at Guantanamo – yet another failed policy supported by John McCain," President Obama has continued to attempt to create "a legal black hole at Guantanamo."
As the ACLU noted in their condemning report, "Establishing a New Normal":
"It was a promising beginning, but eighteen months [since Obama's Inauguration] Guantanamo is still open and some 180 prisoners remain there. The administration is not solely responsible for missing this one-year deadline; Congress has obstructed any possible relocation of even indisputably innocent detainees like the Chines Uighurs to the United States, thereby rendering diplomatic efforts to relocate detainees in Europe and elsewhere more difficult. And the administration deserves credit for releasing some 67 detainees from Guantanamo. But the Obama administration’s decision to halt all detainee releases to Yemen–even when the detainees have been cleared for release after years of harsh detention–has been a major factor in the prison’s remaining open; a majority of the remaining detainees are Yemeni. Moreover, the administration bears responsibility for opposing in court the release of detainees against whom the government has scant evidence of wrongdoing.
A FEW NOTES ON THE NEW NORMAL
Whether it’s the case of Latif or the case of 15-year old Omar Khadr, who was threatened with gang rape if he didn’t confess to committing a war crime, or the case of Canadian Maher Arar, who was interrogated and tortured (beaten with an electrical cable), or countless others who pursue release from detention because there is no evidence against them, the U.S. continues to have a moral imperative to close Guantanamo (and other prisons).
The system of detention and the Kafkaesque legal system detainees are being put through serves as a way of entrenching America in a permanent state of war. It strengthens this idea that some humans, in this global war, are less free than others.
If we think the uproar against the "Ground Zero Mosque" in this country upsets the Muslim World, we should shudder at the thought of what radical effect America’s extralegal system for detainees has had on Muslims. Not only should America make peace with Islam and uphold religious tolerance by allowing mosques to be built in America, but it should also end the factory of crimes against humanity that is Guantanamo Bay Prison.