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Thursday, July 2, 2009 02:57 PM

Mohammed Jawad

Here's the link for the article Heru-ur references above [thanks for posting that]:

ACLU Says Government Used False Confessions, 7/2/09

http://www.washingtonpost.com/wp-dyn/content/article/2009/07/01/AR2009070103477.html

Some things we know about the story of Mohammed Jawad

December 17, 2002 - A hand grenade attack in a crowded Kabul bazaar severely injures two US service members. This is the incident for which Mohammed Jawad [an adolescent] is arrested by Afghani police and turned over to the US, imprisoned at Bagram and then sent to Guantanamo. “[…] at least three other Afghans had been arrested for the crime and had subsequently confessed. Jawad’s thumbprint, in lieu of signature, on “his” initial confession was later found to not be his. [See also December 18, 2002] ” For Jawad’s story see Army JAG Lt. Col. Vandeveld’s January 12, 2009 declaration in support of Jawad at [26] He states in paragraph 15: “I privately concluded the [Afghan Interior] minister’s presence [at Jawad’s initial interrogation] had been motivated by [the thought that] the Americans might pay the Afghans for relinquishing Mr. Jawad.” [For a possibly similar case, see Aaifa Saddiqui, March 28, 2003.]

December 18, 2002 - Mohammed Jawad “experienced extensive abuse while at Bagram prison from December 18, 2002 to early February 2003.” [26] This included a sleep deprivation regime that was known as “the frequent flyer program” [27] and [26, paragraph 24] See December 17, 2002 “In Jawad’s case, Judge Henley in D-007 “suppressed all of Mr. Jawad’s allegedly self-incriminating statements because Judge Henley specifically found the statements to be a product of torture.” [26, paragraph 30] See also December 25, 2003.

February 2003 - Mohammed Jawad is transferred from Bagram to Guantanamo. [See December 17, 2002] [26]

September 2003 - Major General Geoffrey D. Miller […] establishes a new role for health-care advisers in an internal report. “These teams, comprised of operational behavioral psychologists and psychiatrists, are essential in developing integrated interrogation strategies and assessing interrogation intelligence production.” [9] For one example of the use of this policy, see paragraph 23 of [26]: “The psychological assessment [of Mohammed Jawad] was not done to assist in […] treating any emotional or psychological disturbance [but] was conducted to assist the interrogators in extracting information from Mr. Jawad, even exploiting his mental vulnerabilities to do so. […]” Jane Mayer speaks about this issue with regard to the interrogation of Abu Zubaydah in an interview with Scott Horton at [55] Miller’s report is reviewed by MG Taguba in his report of March 3, 2004. [19] See also April 16, 2002.

December 25, 2003 - Mohamed Jawad attempts suicide at Guantanamo by “banging his head repeatedly against one of his cell walls” See December 17, 2002. [26]

October 17, 2006 - The Military Commisions Act is signed into law. [Public Law No: 109-366] It strips detainees of their constitutional right to habeas corpus and, in a provision pushed by Cheney, grants retroactive immunity to Americans accused of potential war crimes. [16] “[This Act] will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.”- Bush For an example of the effect of the MCA on an attempted prosecution see the case of Mohammed Jawad. [24] For a pdf of the Military Commissions Act, see [28] See also September 15, 2006 and November 10, 2006. In the June 12, 2008 Boumediene decision the Supreme Court declared that the detainees have a constitutional right to habeas and struck down the jurisdiction-stripping provision of the MCA as an unconstitutional suspension of the writ. [118] “Above all, the Military Commissions Act protected the CIA's use of psychological torture by repeating verbatim the exculpatory language found in those Clinton-era, Reagan-created reservations to the U.N. Convention [Against Torture] and still embedded in Section 2340 of the Federal code. To make doubly sure, the act also made these definitions retroactive to November 1997, giving CIA interrogators immunity from any misdeeds under the Expanded War Crimes Act of 1997 which punishes serious violations with life imprisonment or death.” [153]

January 12, 2009 - US Army Reserve JAG Lt. Col. Darrel Vandeveld, and former prosecution lawyer against Guantanamo detainee Mohammed Jawad, offers his “declaration in support of Mohammed Jawad’s petition for habeas corpus.” At paragraph 29 Vandeveld states: “[…] The chaotic state of the evidence and the absence of any systematic, reliable method of preserving and cataloguing evidence, all of which have plagued the Tribunals and Commissions since their inception in 2002 and 2006, make it impossible for anyone involved (the prosecutors) or caught up (the detainees) in the Commissions to harbor even the remotest hope that justice is an achievable goal.” Vandeveld’s conclusion: “I personally do not believe there is any lawful basis for continuing to detain Mr. Jawad. There is no reliable evidence of any voluntary involvement on Jawad’s part with any terrorist groups.” [26] See also his essay in the Washington Post, 1/18/09 [27] For another insider view of the Commissions, see Bob Woodward’s interview with Convening Authority Judge Susan Crawford at [61]

Sources:

http://www.webdsi.com/jebbie/tline.html

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