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No Death Squads, No Torture, No Milton Friedman, No "Shock and Awe" Bombing; just Mild-Mannered Liberals from the World Bank and Harvard driving hundreds of thousands of poor people around the world to starvation and suicide. Read P. Sainath's searing special report. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now
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October 15, 2007 Gary
Leupp Andy
Worthington
Alexander
Cockburn Wajahat
Ali Jeffrey
St. Clair Ralph
Nader David Heleniak Laura Carlsen Brian Cloughley Richard Rhames Ron Jacobs Fred Gardner John Ross Russell Hoffman Missy Beattie Poets' Basement Website of the Day
Cindy
Sheehan Brendan
Cooney Alan
Farago Jan
Oberg M.
Shahid Alam David
Macaray Julia
Kendlbacher Peter
Rost, MD Website
of the Day
Al
Giordano Saul
Landau Jacob
G. Hornberger William
S. Lind Joshua
Frank Josh
Mahan Pat
Williams
October 10, 2007 Michael
Yates Gary
Leupp David
Macaray Alan
Farago Tom
Clifford Col.
Douglas MacGregor Sunsara
Taylor George
Wuerthner Roxanne
Dunbar-Ortiz Michael
Dickinson Website
of the Day
October 9, 2007 Paul
Craig Roberts Andy
Worthington Alan
Farago Brian
Eno David
Rovics Farzana
Versey Andrew
Buncombe Website
of the Day
October 8, 2007 David
Macaray Jeff
Ballinger Brian
Eno Christopher
Brauchli Louay
Safi Matt
Reichel Dave
Lindorff Thomas
P. Healy Martha
Rosenberg Richard
Rhames Website
of the Day
October 6 / 7, 2007 Alexander
Cockburn Norman
Finkelstein James
Bovard Patrick
Cockburn Jeffrey
St. Clair Ralph
Nader Ray
McGovern Saul
Landau Ben
Tripp Terry
Lodge Seth
Sandronsky Kevin
Funk / Steve Fake Missy
Beattie Website
of the Weekend
October 5, 2007 Andy
Worthington David
Macaray Lee
Sustar Dan
La Botz Aaron
Hess William
A. Cook Website
of the Day
October 4, 2007 Uri
Avnery Dave
Marsh Valerio
Volpi Cecilie
Surasky Dave
Lindorff Norman
Solomon Laura
Carlsen Walter
Brasch Ben
Terrall William
S. Lind Website
of the Day
October 3, 2007 Vijay
Prashad Anita
Sinha Winslow
T. Wheeler Sharon
Smith Jeff
Leys Sen.
Russ Feingold Mohamad
Bazzi Brenda
Norrell Robert
Weissman Website
of the Day
October 2, 2007 Ibrahim
Warde Gary
Leupp David
Macaray Conn
Hallinan John
Ross Alan
Farago Sonja
Karkar Niranjan
Ramakrishnan Website
of the Day
October 1, 2007 Al
Giordano Paul
Craig Roberts Moshe Adler Ingmar Lee John V. Walsh Norman Solomon Roger Burbach Ramzy Baroud Stephen Lendman Susie Day Website of the Day
September 29 / 30, 2007 Alexander
Cockburn Uri
Avnery Andrew
Cockburn Jeffrey
St. Clair Wajahat
Ali Andy
Worthington Don
Santina Ralph
Nader Fred
Gardner Seth
Sandronsky Gideon
Levy William
S. Lind Reza
Fiyouzat Richard
Rhames David
Michael Green Zach
Mason Poets'
Basement Website
of the Weekend
September 28, 2007 Kathleen
and Bill Christison Roberto
J. González / Saul
Landau Tom
Clifford Christopher
Brauchli Martha
Rosenberg Dave
Zirin Laray
Polk Binoy
Kampmark James
McEnteer Website
of the Day
September 27, 2007 Alan
Farago Andy
Worthington Jonathan
Cook William
Hughes Ray
McGovern Ron
Jacobs Dave
Lindorff Joshua
Frank Anne
Dachel Website
of the Day
Bill
Quigley Paul
Craig Roberts Jeff
Kisseloff China
Hand Behzad
Yaghmaian Sonja
Karkar Mike
Ferner Col.
Dan Smith Clifton
Ross Brenda
Norrell Website
of the Day
September 25, 2007 Nicole
Colson Uri
Avnery Brendan
Cooney Harry
Browne Marjorie
Cohn David
Macaray Ralph
Nader Dan
Bacher Anthony
Papa Christopher
Ketcham Website
of the Day
September 24, 2007 George
Ciccariello-Maher Saree Makdisi David
Keen Sherwood
Ross Ron
Jacobs Donna
Saggia Mike
Ferner Malini
Johar Schueller Monique
Dols Website
of the Day
Alexander
Cockburn Jennifer
Loewenstein Linn
Washington, Jr. Jeffrey
St. Clair Alan
Farago Brian
Cloughley Robert
Fantina Roxanne
Dunbar-Ortiz Jason
Hribal David
Rosen Mike
Whitney John
V. Walsh Dave
Lindorff David
Michael Green Fred
Gardner Cassandra
Jones Roger
van Zwanenberg Poets'
Basement Website
of the Weekend
September 21, 2007 Karim
Makdisi M.
Shahid Alam Alan
Farago Joshua
Frank Dave
Zirin Kenneth
Couesbouc Dr.
Steffie Woolhandler and Dr. David Himmelstein Ben
Terrall Steve
Fournier Frederico
Fuentes, et al Website
of the Day
September 20, 2007 Kathleen
Christison Zoltan
Grossman Paul
Craig Roberts Stan
Cox Russell
Mokhiber Charles
Modiano Raymond
J. Lawrence Brendan
Cooney Website
of the Day
September 19, 2007 Paul
Craig Roberts Paul
Krassner Sgt.
Martin Smith Seth
Sandronsky Claud
Cockburn Victoria
Buch Robert
Weissman Mike
Ferner Dan
Bacher Website
of the Day
September 18, 2007 Mike
Whitney Alan
Farago John
Ross Ron
Jacobs Alex
Doherty September 17, 2007 Marjorie
Cohn Paul
Craig Roberts Ricardo
Alarcón Marc
Levy Eva
Liddell Website
of the Day Sept. 15-16, 2007 Alexander
Cockburn Vicente
Navarro Mike
Whitney Herman
Mindshaftgap Ellen
Cantarow Jordan
Flaherty Zachary
Hurwitz September 14, 2007 Debbie
Nathan Franklin
Lamb Patrick
Cockburn Farzana
Versey Alan
Farago Hank
Edson September 13, 2007 Patrick
Cockburn Scott
Vest, former Air Force Captain at Minot Andy
Worthington Michael
Baney Dr.
Susan Block September 12, 2007 Paul
Craig Roberts Stan
Goff William
Blum Manuel
Garcia Debbie
Nathan
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October 15, 2007 Judge Stops Bush Administration from Returning an Innocent Tunisian to TortureA Gitmo Detainee Finally Gets a BreakBy ANDY WORTHINGTON In a genuinely startling development in the US District Court for the District of Columbia, Judge Gladys Kessler has ruled that Mohammed Abdul Rahman, a Tunisian detainee at Guantánamo who was cleared for release after the first round of administrative reviews in 2006, "cannot be sent to Tunisia because he could suffer 'irreparable harm' that the US courts would be powerless to reverse," as the Washington Post described it. An economic migrant, who traveled to Pakistan from Italy, where he had been living, the 42-year old Tunisian, who told his Administrative Review Board in 2005 that his real name was actually Lufti bin Ali, said that he went to Pakistan for medical treatment and to find a wife. "I have told my story five hundred times," he said. "I went to Pakistan for drugs. I was sick and I wanted to heal myself, so I went to Pakistan." He also traveled, he said, "to get married and relax and to get out of what I was in." Denying a barrage of allegations about his purported involvement with terrorists and training camps, he stated that he was not involved with either the Algerian Armed Islamic Group (GIA) or the Tunisian Combat Group (TCG), and specifically denied allegations that he had participated in establishing the TCG, and was on its Advisory Council. He also denied an allegation that in Italy he had met Pakistanis from the ICI mosque (in Milan), who were attempting to recruit people to go to Pakistan and Afghanistan, denied visiting a Tunisian guest house in Afghanistan "operated by a Tunisian cell with possible ties to al-Qaeda," and also stated that he had no knowledge of the Khaldan training camp, where, it was alleged, "a senior al-Qaeda lieutenant" identified him as having studied in 1998 or 1999. He said that he only went to Afghanistan because the Pakistan government started a campaign against Arabs (and pointed out that he was, in fact, arrested on his return to Pakistan), and retracted a confession, "admitted some time ago," that he associated with "various amounts" of terrorists while in Jalalabad, saying, "I do not pose a threat. I am against terrorism ... I am against the killing of innocent people ... I live a normal life. I do not like problems. That's it." What was particularly noticeable
about his ARB hearing was that a whole new set of allegations
had been added since his Combatant Status Review Tribunal the
year before. In his CSRT hearing, it was only alleged that he
"traveled to Afghanistan in 1998 and remained living in
Afghanistan in 2001," that he "stayed at an Algerian
guest house on multiple occasions in Jalalabad," that he
"stayed at a guest house, which is associated with individuals
who have trained at al-Qaeda camps," and -- the allegation
that he refuted in his ARB -- that he "associated with several
terrorists," whereas in his ARB "a senior al-Qaeda
lieutenant" To complicate matters, Abdul Rahman was convicted in absentia for fictional crimes by the dictatorship of Zine El Abidine Ben Ali, and sentenced to 20 years in prison, and would clearly be in danger if he were returned to Tunisia, which, as the US State Department notes every year, has an appalling human rights record. His situation is complicated further because of the precarious state of his health. As his lawyers, Mark and Josh Denbeaux of the Seton Hall Law School have explained, he "suffers frequent chest pains and intense heart palpitations related to [a] replaced aortic heart valve and pacemaker," and has "many other ailments that would make a transfer to Tunisia extremely risky." Back in June, when two other Tunisian detainees -- Abdullah bin Omar and Lofti Lagha, both economic migrants like Abdul Rahman -- were returned to the country of their birth, I mistakenly thought that Abdul Rahman was one of them, but it transpires that, when government lawyers notified Mark and Josh Denbeaux in May that they were planning to send him back to Tunisia, they managed to get a court to issue a temporary restraining order. Although the government subsequently argued that the court lacked jurisdiction in the matter -- and that, by extension, the administration could do what the hell it liked with the already ruined lives of wrongly detained and brutally imprisoned innocent men -- it is Judge Kessler's disagreement with this position that has saved Abdul Rahman from further horrors (accepting, that is, that one day he will be released from Guantánamo to another country). Abdul Rahman was clearly fortunate that he had lawyers to protect him. Both bin Omar and Lagha have reportedly been treated brutally on their return to Tunisia, underlining how worthless are the "diplomatic assurances" of humane treatment that the US administration has agreed with Zine El Abidine Ben Ali, as part of its desperate and unprincipled attempts to rid itself of its own mistakes. In this, its motives overlap with those of the British government, which, like its partner in the "special relationship," is busily engaged in compounding its initial illegal activities -- holding men indefinitely without charge or trial -- with further illegality, as it attempts to break international laws again by signing "diplomatic assurances" and "memoranda of understanding" with the dictators running various North African and Gulf countries (including Tunisia), which are both worthless and illegal. Recognizing this, and also acknowledging that the looming Supreme Court showdown over detainees' rights is beginning to filter down to the lower courts, Judge Kessler explained, as she dared to put down the government, that she had made her decision because the Supreme Court's decision to look once more at the detainees' rights "cast a deep shadow of uncertainty" over previous rulings restricting their rights. "In view of the grave harm Rahman has alleged he will face if transferred," she continued, "it would be a profound miscarriage of justice" if the court denied his petition to remain in Guantánamo. Noting that the Supreme Court could eventually decide that the detainees had the right to challenge their detention or their transfer to other countries, she added that an injunction preventing his return was "necessary to ensure his survival." Otherwise, she concluded, "At that point, the damage would have been done." Exulting in what the New York Times described as a judgment that "appears to be the first ruling of its kind," Josh Denbeaux praised Judge Kessler's actions, stating, unequivocally, "This is the first time the judicial branch has exercised its inherent power to control the excesses of the executive as to treatment of prisoners at Guantánamo Bay. The executive has now been told it cannot bury its Guantánamo mistakes in Third World prisons." Like decisions made by appeal courts in the UK, preventing the illegal return of men who have never been charged to regimes that may well torture them, Judge Kessler's principled decision is being seen as a mortal blow to the US administration's attempts to do the same with innocent men, held without charge or trial in Guantánamo. And it augurs well, I think, for the coming Supreme Court showdown over the detainees' rights to challenge the basis of their detention. Nearly six years of arrant lawlessness and injustice on the part of the executive is more than enough. Let those detainees against whom the administration thinks it has a case be pursued in a recognizable court; and let the others -- the ones against whom no case can be built, because there is none -- be freed, to countries that will not subject them to further torture or ill-treatment. Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (to be published by Pluto Press in October 2007). He can be reached at: andy@andyworthington.co.uk ![]()
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