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Home Front: WoT
Some at Gitmo Too Sick to Keep Locked Up
2013-10-10
Remember: a fat terrorist is a slow terrorist...
MIAMI -- Tarek El-Sawah is in terrible shape after 11 years as a prisoner at Guantanamo Bay, a fact even the U.S. military does not dispute. During his time in captivity, the weight of the 55-year-old Egyptian has nearly doubled, reaching more than 420 pounds at one point, and his health has deteriorated as a result, both his lawyers and government officials concede.
Fred! Our plan worked!!
Lawyers for El-Sawah, and the doctors they have brought down to the U.S. base in Cuba to examine him, paint a dire picture -- a morbidly obese man with diabetes and a range of other serious ailments. He is short of breath, barely able to walk 10 feet, unable to stay awake in meetings and faces the possibility of not making it out of prison alive.
Exactly the kind of terrorist we'd like to have at 'large' in the world...
"We are very afraid that he is at a high risk of death, that he could die at any moment," said Marine Lt. Col. Sean Gleason, a military lawyer appointed to represent him.
More creme pies!
Details about the condition of El-Sawah, who has admitted being an al-Qaida explosives trainer but is no longer facing charges, are emerging in a series of recently filed court motions that provide a rare glimpse into the health of an unusual prisoner, and a preview of arguments that may become more common as the Guantanamo Bay prison ages into a second decade with no prospects for closure in sight.

He's not the only one of the 164 prisoners at Guantanamo who is seriously ill. Last week, a judge ordered the release of a schizophrenic Sudanese man who spent much of the past decade medicated in the prison psych ward. His lawyers argued he was so sick, with ailments that also included diabetes, that he couldn't possibly pose a threat and therefore the U.S. no longer had the authority to hold him. The judge's ruling came after the government withdrew its opposition to his release.
If he does stage a terrorist act in the future, medicated or not, I want these lawyers tried for the crimes...
There's also a Pakistani prisoner, Saifullah Paracha, with a heart condition serious enough that the government brought a surgical team and a mobile cardiac lab to the U.S. base in Cuba to treat him, at a cost of $400,000. He ultimately refused the treatment because he didn't trust military medical personnel.
Pack up the equipment, send the medical team home, and leave a small bottle of pills in Paracha's cell. He'll figure it out...
In addition, two prisoners have died from natural causes -- one from a heart attack, the other from cancer. And several detainees have raised medical complaints related to their participation in a long-running hunger strike, which had dropped to 17 prisoners as of Monday from a peak of 106 in July.
Dropping like flies, are they? They should have paid more attention to El-Sawah. He had the right [urp] idea...
"There are a whole slew of people with a whole slew of serious health problems," said Cori Crider, a lawyer for the British human rights group Reprieve who has been meeting with Guantanamo prisoners for years.

U.S. officials say Guantanamo prisoners get excellent medical care, saying proudly that it's equivalent to what troops receive. There are more than 100 doctors, nurses and other professionals treating "a constellation" of illnesses, said Navy Capt. Daryl Daniels, a physician and the chief medical officer for the detention center. He says none is in critical condition at the moment.

"They are an aging population and they are starting to show some signs of being an older group of people," Daniels said.

In August, lawyers for El-Sawah filed an emergency motion with a federal court in Washington asking a judge to order the military to provide what it calls "adequate" medical care, including additional tests for possible heart disease and a device to help him breathe because of a condition they say is preventing his brain from receiving enough oxygen.
That sounds like sleep apnea brought on by his obesity.
The government insists he is getting good care at Guantanamo and just needs to exercise more and eat less. "While (El-Sawah) is currently in poor health, his life is not in imminent danger," lawyers for the Justice Department wrote in response.

The judge hasn't ruled, but the request is secondary anyway. What El-Sawah and his lawyers want is for the U.S. to release him, preferably back home to Egypt. They argue in part that his health is too poor for him to pose any kind of threat. "It boggles the mind that they are putting up a fight on releasing him," Gleason said.
Maybe the Egyptians don't want him. Or they don't have the medical facilities to care for him. Or maybe they have enough overweight terrorists. Have the lawyers looked into Mauritania?
El-Sawah, who is 5 feet, 10 inches, was around 215 pounds when he arrived at Guantanamo in May 2002 after his capture in Afghanistan. Photos from before his capture show a man with a bit of girth but not in apparently ill health. One of his lawyers, Mary Petras, says he was obese by the time she first met him in March 2006.

"When he first got to Guantanamo 11 years ago he was not obese," Gleason said. "And during those 11 years he was under the custody, control and medical supervision of the United States government."
Clearly he never participated in a hunger strike...
El-Sawah at one point faced charges of conspiracy and providing material support for terrorism. The government withdrew those charges and told his lawyers that prosecutors had no intention of filing them again for reasons that have not been made public. He has reportedly cooperated with interrogators and court documents contain redacted passages dealing with his time in custody but his lawyers decline to comment on the issue.

His lawyers hope to either to win a ruling either from the court or from a review board of government officials that will be re-evaluating the prisoners in custody. El-Sawah has received letters of recommendation from three former Guantanamo commanders, a rare, if unprecedented, string of endorsements.

In one letter, retired Army Maj. Gen. Jay Hood called him a unique prisoner who was "unlike the violent Islamic extremists who formed much of the population at Guantanamo." Another, Rear Adm. David Thomas, noted his "restricted mobility due to obesity and other health issues" in recommending his release.

Most striking is a letter from an official whose name and job title are redacted for security reasons. He spent several hours a week with the prisoner over 18 months at Guantanamo and says El-Sawah has been "friendly and cooperative" with U.S. personnel. "Frankly, I felt Tarek was a good man on the other side who, in a different world, different time, different place, could easily be accepted as a friend or neighbor."
Not my neighbor, please. But perhaps there's a Mauritanian neighborhood that would welcome him...
Link


Home Front: WoT
Bin Laden driver to seek leniency from Gitmo jury
2008-08-07
GUANTANAMO BAY NAVAL BASE, Cuba - Osama bin Laden's former driver is expected to ask the Pentagon jury that convicted him of a war crime to spare him from life in prison Thursday, his defense lawyers said.
I notice he doesn't protest his innocence...
Salim Hamdan wiped tears from his face on Wednesday as the panel of six military officers delivered a split verdict at the first U.S. war crimes trial since World War II, declaring him guilty of aiding terrorism but acquitting him of conspiracy.
Awww, c'mon Brave Jihadi. Turn that frown upside down...
The tribunals' chief prosecutor, Army Col. Lawrence Morris, said the failure to convict Hamdan of both charges will factor into the sentence his team recommends Thursday inside the hilltop courthouse on this U.S. Navy base. Hamdan is eligible for a maximum life sentence. "We of course have to prepare our sentence recommendation consistent with what the jury found," Morris said. The verdict will be appealed automatically to a special military appeals court in Washington. Hamdan can then appeal to U.S. civilian courts as well.
I'm sure Ruth Bader Ginsberg is putting out his milk and cookies right now.
Can't wait to read Justice Kennedy's opinion ...
Deputy White House spokesman Tony Fratto applauded what he called "a fair trial" and said prosecutors will now proceed with other war crimes trials at the isolated U.S. military base in southeast Cuba. Prosecutors intend to try about 80 Guantanamo detainees for war crimes, including 19 already charged. But defense lawyers said Hamdan's rights were denied by an unfair process, hastily patched together after Supreme Court rulings that previous tribunal systems violated U.S. and international law. "History and world opinion will judge whether the government proved the system to be fair," Hamdan's lawyers said in a statement.
Counselor, in two weeks nobody will remember the guy's name...
Hamdan, a Yemeni, did not testify before the jury during his trial, but defense attorney Harry Schneider said the prisoner planned to ask for leniency at the sentencing hearing in either live testimony or a written statement to the jurors.

Hamdan has been held at Guantanamo since May 2002. The military has not said where he would serve a sentence, but the commander of the detention center, Navy Rear Adm. David Thomas, said last week that convicted prisoners will be held apart from the general detainee population.
And now...the inimitable AP spin.
Under the military commission, Hamdan did not have all the rights normally accorded either by U.S. civilian or military courts.
That's because he's not a U.S. citizen, not a member of the U.S. military, and doesn't have any rights under the Geneva Protocols.
The judge allowed secret testimony and hearsay evidence. Hamdan was not judged by a jury of his peers and he received no Miranda warning about his rights.
Sounds like they think he was driving without insurance.
When was the last time anyone read a captured person his 'rights' on a military battlefield? And when was the last time anyone on a battlefield as unclear on the concept of surrender? You stick your mitts in the air and hope like hell the guys on the other side don't shoot you for sport.
Hamdan's attorneys said interrogations at the center of the government's case were tainted by coercive tactics, including sleep deprivation and solitary confinement.
However, his head is still attached to his body...
We frequently confine people to solitary in American county jails. And you try sleeping in a county jail. Are we depriving everyone in a county jail their rights?
They didn't put panties on his head, did they? I don't think I could live with that...
All that is in contrast to the courts-martial used to prosecute American troops in Iraq and Vietnam, which accorded defendants more rights.
Because they were Americans, dummy ...
The five-man, one-woman jury convicted Hamdan on five counts of supporting terrorism, accepting the prosecution argument that Hamdan aided terrorism by becoming a member of al-Qaida in Afghanistan
That's kinda aiding terrorism by definition, even if you're a cook. Or a driver.
and serving as bin Laden's armed bodyguard and driver while knowing that the al-Qaida leader was plotting attacks against the U.S. But he was found not guilty on three other counts alleging he knew that his work would be used for terrorism and that he provided surface-to-air missiles to al-Qaida.
Pay no attention to those missiles in the back seat.
He also was cleared of two charges of conspiracy alleging he was part of the al-Qaida effort to attack the United States -- the most serious charges, according to deputy chief defense counsel Michael Berrigan. Berrigan noted the conspiracy charges were the only ones Hamdan originally faced when his case prompted the Supreme Court to halt the tribunals. Prosecutors added the new charges after the Bush administration rewrote the rules. "The problem is the law was specifically written after the fact to target Mr. Hamdan," said Charles Swift, one of Hamdan's civilian lawyers.
Christ, this guy's got more lawyers then OJ had...
The military judge, Navy Capt. Keith Allred, gave Hamdan five years of credit toward his sentence for the time he has served at Guantanamo Bay since the Pentagon decided to charge him.
Link



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