It was back in June 2008 that the British legal charity Reprieve issued a report alleging “the United States may have used as many as 17 ships as floating prisons.” Moreover, the group claimed “about 26,000 people are being held by the U.S. in secret prisons — a figure that includes land-based detention centers.” The Defense Department, of course, denied anything untoward.
“We do not operate detention facilities on board Navy ships,” said Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman. “Department of Defense detention facilities are in Iraq, Afghanistan and Guantanamo Bay.”
Of course, these were the bad, old days of the Bush/Cheney administration, and things were supposed to be different under the new Obama administration. But since Obama came into office, despite claims things would be different, and executive orders issued by the then-incoming President, evidence continues to grow that many of the old habits of torture and illegal detention remain part of the arsenal of the Obama Defense Department.
Egregious practices amounting to torture still remain in the Army Field Manual, and in particular its Appendix M. Reports have been made by major U.S. press about ongoing abuse or torture at the U.S. Bagram facility in Afghanistan. The administration continues to support a rendition program (with its paper-thin guarantee of “promises” by torturing nations that they won’t torture). And of course, Guantanamo remains open.
Now, with the news about Somali prisoner Ahmed Abdulkadir Warsame, we are hearing that — at least — this detainee (and it begs the question how many more like this), was held for two months as a ghost prisoner on a U.S. ship in international waters, uncharged, without access to attorneys or notification of the International Red Cross. In other words, he was held illegally. Now he’s being charged in U.S. courts with terrorism.
It’s not like the military has been completely hiding the fact they have been using naval ships to hold prisoners. As Adm. William H. McRaven told his Senate confirmation hearing last week (McRaven is to be the new head of Special Operations Forces) the U.S. will use ships to detain prisoners captured outside Afghanistan.
As the L.A. Times quoted him, “‘In many cases, we will put them on a naval vessel and we will hold them until we can either get a case to prosecute them in U.S. court,’ send them to a third country or release them.”
Back in 2008, Reprieve explained what their research had uncovered even back then. Reprieve legal director Clive Stafford Smith told Democracy Now’s Amy Goodman:
And we’ve identified thirty-two prison ships, sort of prison hulks you used to read about in Victorian England, which have been converted to hold prisoners, and we’ve got pictures of them in Lisbon Harbor, for example. And these are holding prisoners around the world, as well. And there’s a bunch of proxy prisons — Morocco, Egypt and Jordan — where this stuff is going on. And this is a huge concern, because the world focus is on Guantanamo Bay, which really is a diversionary tactic in the whole war of terror or war on terror, whatever you’d like to call it. And actually, most of these people who have been severed from their legal rights are in these other secret prisons around the world.
Today, Center for Constitutional Rights issued a press release condemning the use of ships as floating prisons, and the resulting violations of domestic and international law. The press release also asks a number of pertinent questions. In the reprint of this release, reproduced below, let the press corps take notice, and ask these questions of relevant governmental authorities, from the White House to the Pentagon to Congress.
While we join with those praising the Obama administration for charging Ahmed Abdulkadir Warsame before a federal court rather than a flawed and lawless military tribunal, and rather than holding him indefinitely without charge, we condemn the administration for holding and interrogating Mr. Warsame incommunicado for more than two months on a U.S. naval ship. Under our domestic and international law, he should have been treated like a civilian criminal suspect and brought to the U.S. for trial immediately.
Moreover, according to The New York Times, the administration did not notify the International Committee of the Red Cross of Mr. Warsame’s capture until approximately two months after his detention. This is illegal and inexcusable. It means in effect that Mr. Warsame was disappeared for this period with all the attendant dangers such hidden detention engenders. It is reminiscent of early Guantánamo Bay and CIA “black site” detention.
We also question under what authority Mr. Warsame was captured and detained. The administration must clarify whether it claims authorization to capture and detain him under the 2001 Authorization to Use Military Force. Such authority only extends to those involved with the 9/11 attacks, and his relationship to those attacks seems remote or nonexistent. Rather, it appears that the administration is stretching the meaning of that law to capture and detain, perhaps indefinitely, anyone it claims is a terrorism suspect anywhere in the world. Such actions undercut the important criminal protections to which every suspect is entitled. Those protections kick in upon arrest and not two months after the fact.
Even accepting the administration’s argument of laws of war, it is illegal under any circumstance to hold people at sea except pending transfer to land and not for purposes of interrogation outside the law. That provision was written into the Geneva Conventions and U.S. military regulations, most likely in response to Japanese abuses of American prisoners aboard ‘Hell Ships’ in World War II.
The administration must answer a host of questions surrounding this action:First are questions regarding the legal authority for Mr. Warsame’s capture and detention.
*** Under what legal theory and under what power was the administration operating to justify his capture and detention?
*** If the administration claims authority under the AUMF, how would that have justified the detention given that there is supposed to be an explicit tie to 9/11 in those cases?
*** Does the administration believe we are engaged in armed conflict in Somalia sufficient to trigger application of the laws of war? With the Shabab?
*** If Mr. Warsame was purportedly held in connection with an armed conflict, what does the administration claim his status was under the laws of war?
*** Does the administration claim that Congress has authorized armed conflict with the Shabab?Second are questions concerning his treatment once captured.
*** Under what authority does the administration claim it may hold a person beyond fourteen days without notifying the Red Cross?
*** How long does the administration claim they may hold a person without procedural protections (e.g., access to counsel and being informed of the right to habeas corpus) before they are prosecuted?
*** How can Mr. Warsame’s Miranda waiver have been genuinely voluntary if he was only read his rights two months into his incommunicado detention and interrogation, even after a supposed “break”?
*** Was Mr. Warsame allowed contact with his family?
*** Separate and apart from authority to detain, what authority did they have to interrogate him?Third are questions regarding how widespread is the practice under which Mr. Warsame was held.
*** How many other people are floating around on U.S. prison ships?
*** How many of those are unknown to the Red Cross?The proper way to handle Mr. Warsame was the way the U.S. handled other pirate cases in 2009 and 2010: suspects were brought to the U.S. to face criminal charges in New York and Virginia within days of capture at sea. The Obama administration appears to have created a floating legal black hole, just as Guantánamo Bay was originally conceived: no Red Cross, no lawyers, no habeas – no rights.
If Congress had any backbone, and it doesn’t, there would be immediate hearings on this. But the GOP of course isn’t interested, and the Democratic Party is loathe to do anything that might bring the military or interrogation under review going into an election year, and also because, well, they share with the GOP a jonesing for “war on terror” activities. Witness their support for Obama’s military adventure in Libya.
We more than ever need an independent political force in this country that will confront the unlawful actions of the military and intelligence agencies. But right now, the Empire is in the driver’s seat, and all we can do is protest and demand that something be done.



22 Comments

great reporting Jeff
*sigh*
Spencer Ackerman’s piece yesterday “Drift: How This Ship Became a Floating Gitmo” comes to the conclusion that there is no policy in the Obama Administration regarding detention, and as a result, everything is being done by the seat of their pants.
But as you’ve written Jeff, it seems that none of our government institutions really give a rat’s ass, and so it goes.
I can’t say there “is no policy” for the Obama administration. I believe they’ve essentially continued the old Bush policy. The black sites and the EITs may be gone — may! — but the closing of the CIA prisons, for instance, happened before the 2008 election, which many people don’t realize.
This only seems to be “drift”, but that’s only because most people were unaware of the ship prison policy from before, hence my reminder this was an earlier, and hence, ongoing policy.
You may want to take a look at this earlier article Captives of Lewis and Clark from February 2009:
There are many more interesting links in the article. There is also a diagram of the converted layout of the USS Lewis and Clark.
I agree Jeff, it looks like the Obama admin has simply continued the Bush admin policies. What alternative would you suggest for cases specifically like this particular one. What should they have immediately done with Warsame?
“Severed from their legal rights” is the working definition for any concentration camp. What we see here is the US version of the Gulag system. It is what the US does with the non-entities it categorizes as “enemies of the state.”
Thanks for covering this, Jeff. I was unaware of prison ships.
“We more than ever need an independent political force in this country that will confront the unlawful actions of the military and intelligence agencies.”
Technically, I suppose that’s the loose amalgamation of the ACLU, CCR, Reprieve (which is British, of course), members of the Gitmo Bar, etc.
It would be good if there were one consolidated organization dedicated to fighting torture. But of course, it isn’t just torture — it’s illegal wiretapping, destruction of habeus corpus and civil liberties in general, and even the intellectual and verbal fog machine that has us in a perpetual game of “Monkey in the Middle”: “We can’t give them due process rights because they’re ‘combatants,’ but we can’t give them Geneva rights because they’re criminals.”
Ideally, the crackers would join us on this and there would be a popular uprising for the restoration of Constitutional government, but that doesn’t appear imminent. We all need to do what we can (I had a letter to the editor about torture in the Los Angeles Times on June 28, for example), and hope that our efforts will amount to something.
“We also question under what authority Mr. Warsame was captured and detained.”
Answer: Inflexible Authority, the authority of the gun.
I don’t question the capture of people dealing with al qaeda and al shabab. But I would like to know what an alternative to questioning someone like Mr Warsame onboard a US ship would be? Would such a ship have to immediately sail for the US each time there was a detainee so the individual could be questioned on land?
“It was back in June 2008 that the British legal charity Reprieve issued a report alleging “the United States may have used as many as 17 ships as floating prisons.” Moreover, the group claimed “about 26,000 people are being held by the U.S. in secret prisons — a figure that includes land-based detention centers.” The Defense Department, of course, denied anything untoward.”
The military’s mistaken capture rate in Afghanistan was recently reported to be over 90% using that as a rough benchmark worldwide there should be a significant number of people who were interrogated and released, given a population of 26,000.
Where are these people who where interrogated and released? I’m not sure how the existence of a “secret prison” can be kept a secret if prisoners are released on a regular basis. Those released would certainty have a tale to tell, yet we hear few such tales and know of only a small handful of released prisoners.
The only way to maintain secrecy is to incarcerate the innocent indefinitely or “disappear” them.
If that were true then you’d have to incarcerate many more than 26,000 people.
Friends or family could know someone was missing or taken but still have no idea where they were, how to communicate with them or any knowledge of their fate.
Let me add, see this MyFDL post by pmorlan, 3/5/09, “Bush Administration’s Craven Misuse of the USS Bataan” — another prison ship scandal from a few years back, as this issue has hovered at the edges of the larger torture/detention scandal for some time now.
http://my.firedoglake.com/pmorlan/2009/03/05/bush-administrations-craven-misuse-of-the-uss-bataan/
Well, I think that’s one way Reprieve gathered their stats. Unlike the U.S. press, who wasn’t pursuing this issue, the Reprieve folk went out and asked. Of course, I’m not ruling out that they got some sort of leak from within the government as well. I just don’t know how they got their figures, but they are a very reliable and trustworthy organization, and they wouldn’t just make assertions unless there was something backing it up.
I’m more questioning the potential abuse within the system than the veracity of Reprieve’s research.
With little to no transparency and minimal oversight what keeps them from just throwing an innocent prisoner who may be considered an “embarrassment” or “possible future risk” over the side?
I agree with Jeff and slukegreen here, MadDog. There is a policy. The problem for those of us on the outside, so to speak, is that part of the policy is to deliberately create legal categories and rules for behavior that are so vague and malleable that those who wish to exercise power outside the regular rules of law can do almost whatever they want. This legal imprecision, this inability to locate or pin anything down gives the appearance of not having a policy. But that is exactly what Bush, Obama, Neocons, et al are after: the indistinction and obscurity to do what they want outside of the law.
Indeed. They have the don’t-give-a-rat’s-ass attitude concomitant with naked, unchecked power.
Certainly you aren’t proposing the ship where he was held managed to directly capture Mr. Warsame as he happened to be floating past in the ocean? Pretty sure he was captured elsewhere and transported to that boat.
Couldn’t they have just transported him to an official prison somewhere instead of a ship, notified the Red Cross and done a proper lawful interrogation?
Also Jim White’s diary from Feb 2010, The USS Bataan: From Floating Prison Ship to Floating Hospital and Haiti Relief Distribution Site, and I have left comments about the Bataan and Rumsfeld and Katrina, like this one.
If I was a big reporter, I’d be asking questions of the good Navy guys (I think), like Admiral Fallon and Alberto Mora and Gen. Honore: “Guys, WTF?”
Julian Assange of WikiLeaks & Philosopher Slavoj Žižek In Conversation With Amy Goodman of Democracy Now, in London, 7/2/11:
Hey! See the second photo down in the Drift article? That’s the Coronado Bridge! That’s San Diego!
(We DO have a good ship here)
So now Obama has his own Esmeralda. He really and truly is a “dick.”
sorry I am late to this thread
this is the result of not prosecuting cheney’s “team b” (look it up)and cheney, it seems they have won