A 48-year-old Afghan citizen dies at the camp after 9 years in a cage and no charges filed against him
A 48-year-old Afghan citizen and Guantanamo detainee, Awal Gul, died on Tuesday of an apparent heart attack. Gul, a father of 18 children, had been kept in a cage by the U.S. for more than 9 years — since late 2001 when he was abducted in Afghanistan — without ever having been charged with a crime. While the U.S. claims he was a Taliban commander, Gul has long insisted that he quit the Taliban a year before the 9/11 attack because, as his lawyer put it, “he was disgusted by the Taliban’s growing penchant for corruption and abuse.” His death means those conflicting claims will never be resolved; said his lawyer: ”it is shame that the government will finally fly him home not in handcuffs and a hood, but in a casket.” This episode illustrates that the U.S. Government’s detention policy — still — amounts to imposing life sentences on people without bothering to prove they did anything wrong.
This episode also demonstrates the absurdity of those who claim that President Obama has been oh-so-eagerly trying to close Guantanamo only to be thwarted by a recalcitrant Congress. The Obama administration has sought to “close” the camp only in the most meaningless sense of that word: by moving its defining injustice — indefinite, due-process-free detention — a few thousand miles north onto U.S. soil. But the crux of the Guantanamo travesty — indefinite detention — is something the Obama administration has long planned to preserve, and that has nothing to do with what Congress has or has not done. Indeed, Gul was one of the 50 detainees designated by Obama for that repressive measure. Thus, had Gul survived, the Obama administration would have sought to keep him imprisoned indefinitely without any pretense of charging him with a crime — neither in a military commission nor a real court. Instead, they would have simply continued the Bush/Cheney policy of imprisoning him indefinitely without any charges.
There’s one other aspect of this episode that warrants attention. In its 2008 Boumediene decision, the Supreme Court struck down the provision of the Military Commissions Act which denied habeas corpus review to all detainees, and ruled that Guantanamo detainees at least have the right to a one-time review by a federal court as to whether there is credible evidence to justify their detention (a far less rigorous standard than the one that applies if they’re charged with a crime and the state has to prove their guilt beyond a reasonable doubt). Gul had filed a habeas petition and it was fully argued before a federal court back in March – 11 months ago. The federal judge never got around to issuing a ruling.
This happens quite frequently in our court system: judges simply fail to act within anything resembling a reasonable period of time. Gul was imprisoned for 8 years without a shred of due process (outside of internal Bush Pentagon “administrative reviews”) and finally had his Constitutional right to obtain habeas review affirmed by the Supreme Court in 2008. His habeas petition was fully submitted and orally argued almost a full year ago, yet even in the face of his prolonged, due-process-free imprisonment, the federal judge presiding over the case just never bothered to rule on his claims. There’s a well-known legal maxim that “justice delayed is justice denied,” but this goes well beyond merely violating that. Taking almost a full year — at least — to decide a habeas petition for someone who is languishing in indefinite detention for their ninth year is simply inexcusable.
Gul’s death — and what turned out to be his due-process-free life sentence — is an important reminder of the heinous detention policies of the U.S.: not as a matter of the Bush/Cheney past, but very much the current U.S. posture as well. The only difference is that there is no more partisan gain to be squeezed from the controversy, so it has blissfully disappeared into the harmonious dead zone of bipartisan consensus.
* * * * *
All of this finds a nice symbolic parallel in the Obama administration’s apparent efforts to install Omar Suleiman as interim Egyptian leader; Suleiman is not only steadfastly pro-American and pro-Israeli, but was long the U.S.’s point man for renditions and the severe torture which accompanied it. This is what is meant when we hear repeatedly about what a stalwart “ally” the Mubarak government been in the ”War on Terror”: they’ve dutifully detained and brutalized anyone we wanted.
More Related Stories
- If Alex Pareene was a cable news executive...
- Portland's senseless war on fluoride
- Graphic video reportedly shows possible London machete attack suspect
- What economists get wrong about the jobs crisis
- Ted Cruz: "I don't trust the Republicans"
- Pa. governor "can't find" any Latinos to work in his administration
- Glenn Beck: "The American people have just been raped"
- "Original Coca-Cola had a very small amount of cocaine"
- Corporations accused of wrongdoing win battle to keep identities secret
- Weak, incompetent Democrats blow another one
- Lois Lerner, IRS disaster
- Cyber attacks could cause the next world war
- Donald Rumsfeld worried that marriage equality will lead to polygamy
- Experts: Fox News spying scandal a game-changer
- Biden cracks Obama teleprompter joke
- IRS official takes the Fifth: "I have not done anything wrong"
- Lessons from Lincoln leave gay immigrants behind
- Los Angeles elects first Jewish mayor
- Peter King: There's "hypocrisy" over aid by Oklahoma senators
- Anthony Weiner announces run for NYC mayor
- How policy nihilists in the Senate doomed LGBT immigrants
Featured Slide Shows
The week in 10 picsclose X
- 1 of 11
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin
Recent Slide Shows
- 1 of 11