Diary of a Guantánamo Attorney

January 28, 2007

Guantanamo Prison

It doesn’t matter if these people are being charged with terrorism, under U.S. and international law (Geneva Conventions, anybody?) you don’t get to snatch people off the streets, lock them up and torture them for 3 years or more without they knowing what they actually did to deserve that fate, then deny them their right to an attorney.

Just because I believe everyone has the right to face their captors and the evidence against them does NOT mean I am “for the terrorists”. Bush says the terrorists hate us and “our freedoms” so it is kind of stupid to take those same rights and throw them into the shitter:

I had assumed that I was well-informed about our criminal president and his assault on the rule of law; it never occurred to me that four years after being captured (and more than one year after the Supreme Court affirmed their right to hearing and counsel) individuals were still being held without legal representation. I replied to the e-mail, offering my services.

During a conference call for volunteer lawyers, I got a sense of what the job might entail. For example, attorneys are required to turn their client notes over to the government after visiting prisoners. I naively asked, “What about attorney-client privilege?” This, like so many other protections and legal principles, doesn’t apply to Guantánamo. Attorneys often return from the base with urgent news, but have to wait weeks for the government to clear their notes. The government rarely, if ever, classifies the content; this procedure simply delays and encumbers our work.

At a workshop for volunteer lawyers organized by the Center for Constitutional Rights (CCR), I came to learn of the horrific particulars of prisoner life in Guantánamo: the hunger strikes, the suicide attempts and the dubious circumstances under which prisoners had been captured. The vast majority of Guantánamo’s inmates were apprehended in Afghanistan and elsewhere by third party forces, after the United States promised enormous bounties for “murderers and terrorists.”

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