New DoD Directive on Detainees Allows Sleep and Sensory Deprivation, Biometric IDs

By: Wednesday September 17, 2014 6:00 pm

On August 19, 2014, the Department of Defense released an updated version of its Directive 2310.01E on the “DoD Detainee Program.” It supercedes the previous version, dated September 5, 2006.

Earlier this month, Steve Vladek at the Just Security blog, pondered why the government chose this particular time to release the new, updated directive. While his observations are important and worth considering, much of importance is omitted from his brief analysis.

In my analysis — besides the potential legalities explored by Vladek, which impact the definition of what the government considers the definition of an “unprivileged belligerent” (like the detainees at Guantanamo), and access of legal counsel to these prisoners — the new directive propounds a number of new rules that summarize the Obama administration’s detainee regime, particularly as it relates to Guantanamo.

 

A Navy Medical Officer’s Profound Act of Resistance to Force-Feeding Guantanamo Prisoners

By: Wednesday July 16, 2014 7:47 am

A Navy medical officer recently refused to force-feed a prisoner at Guantanamo Bay. It is the first reported act of resistance to the regime of force-feeding since prisoners went on hunger strike eighteen months ago.

Guantanamo Prisoners Were Granted Access to US Courts Ten Years Ago Yet Indefinite Detention Continues

By: Monday June 30, 2014 8:47 am

Just over ten years ago, the United States Supreme Court ruled that prisoners at Guantanamo Bay had a right to challenge their detention in US courts and opened up the pervasive lawlessness at the facility to lawsuits by prisoners.

Guantanamo Prisoners Cleared for Release Continue to Be Punished for Being Yemeni

By: Friday May 23, 2014 7:35 am

President Barack Obama stated in a speech in May of last year that he was lifting a “moratorium on detainee transfers” from Guantanamo Bay to Yemen so his administration could review each prisoner on a “case-by-case basis.”

“To the greatest extent possible, we will transfer detainees who have been cleared to go to other countries,” Obama said. However, just over a year later, not a single Yemeni prisoner has been freed. The number of Yemenis in detention at Guantanamo Bay, who are cleared for release, is still 57.

Hedges v. Obama: The Supreme Court Digs Its Head Deeper Into the Sand

By: Wednesday April 30, 2014 6:36 pm

On Monday, the Supreme Court declined to consider Hedges v. Obama, a constitutional claim challenging a law that could enable the indefinite military detention of US citizens—within the US—without trial, charge, or evidence of crime. The decision is remarkable, both for its implications for fundamental rights, and its reflection on judicial independence.

Guantanamo Prisoner Shaker Aamer Addresses Why Certain Books Are Banned at the Facility

By: Wednesday December 18, 2013 1:32 pm

It has been almost twelve years since British citizen Shaker Aamer was brought to Guantanamo Bay and imprisoned. He has been held without charge or trial, cleared for release twice, suffered torture during his confinement and been subjected to isolation for leading prisoners in challenging conditions at the detention camps. He has been a prominent participant in hunger strikes at Guantanamo as well.

The Next Homeland Security Chief: What Senators Will Ignore During Jeh Johnson’s Nomination Hearing

By: Tuesday November 12, 2013 6:45 pm

While DHS nominee Jeh Johnson should face questioning for his role in authorizing drone strikes, he is unlikely to be questioned extensively on his past role by any Democrats in the Senate.

Obama Administration’s Perverse Defense of Genital Searches of Guantanamo Bay Prisoners

By: Wednesday July 17, 2013 4:35 pm

A federal court has restored Guantanamo Bay prison guards’ authority to conduct genital searches on Guantanamo Bay prisoners, according to the Miami Herald.

The Justice Department asked a federal court to stay an order that restricted prison guards at the Guantanamo Bay prison from conducting genital searches of prisoners before they met with their counsel or had phone calls with their counsel.

Federal Appeals Court Restores US Government’s Indefinite Detention Power Previously Blocked by Judge

By: Wednesday July 17, 2013 2:55 pm

A court order enjoining the United State government from using a provision of the 2012 National Defense Authorization Act has been overturned by a federal appeals court.

Pentagon Has CNN Interview Female Guard on How Detainees are Abusing Guards at Guantanamo

By: Friday May 17, 2013 3:15 pm

The Pentagon decided to have CNN interview a female guard who could talk about the “dire conditions” that guards face at the prison. “For the first time,” Lawrence said, “we’re seeing the faces of those who guard the detainees.”

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