Videos showing force-feedings of a hunger-striking Guantanamo detainee must be publicly aired, a federal judge ordered this afternoon.
Lawyers for Syrian Abu Wa’el Dhiab, who has been held at Guantanamo since 2002 and has been refusing food for the last 18 months, have characterized the footage as “extremely disturbing.” Dhiab is asking the U.S. District Court in Washington D.C. to stop the military’s practice of forcibly removing him from his cell and restraining him for feedings.
The government argues that the 28 tapes at issue are classified, and will likely appeal today’s ruling. Releasing the videos, the Justice Department has said, might give a glimpse of the the prison infrastructure, or let Guantanamo inmates or others learn how to resist “forced cell extractions” or locate equipment that could be used as a weapon. The government also warned that the videos might “inflame Muslim sensitivities overseas.”
But the judge, Gladys Kessler, found that those justifications were “unacceptably vague, speculative,” or “just plain implausible.” So much information about the force-feedings was already public, Kessler wrote, and certainly detainees “are already familiar with the tactics used to extract them from their cells and enterally feed them.” The videos may be altered to protect the identities of prison guards, she said.
“This may well be the most significant court decision on Guantanamo Bay in years,” Alka Pradhan, one of Dhiab’s attorneys, said in a statement. “No longer does the American public have to rely on propaganda and misinformation, but can finally watch the videotapes and judge for themselves.”
The government tried to have an upcoming hearing in Dhiab’s case — set for Monday — largely closed to the public, but Kessler decided yesterday that it would stay open. It’s not clear whether an appeal or the redaction of the videotapes will delay next week’s proceedings. In a statement, the Justice Department said it was considering its options.
The Intercept’s parent company, First Look Media, and 15 other news organizations petitioned the court to unseal the videos and have open hearings in Dhiab’s case.
Kessler has routinely expressed skepticism about government secrecy surrounding Guantanamo — once ordering an inmate’s release with the message “there is absolutely no reason for this court to presume that the facts contained in the government’s exhibits are accurate.” Earlier this week, she said it was “deeply troubling” that the government wanted to close the Dhiab hearing. And today, she said she was “well aware…that in no case involving Guantanamo Bay detainees has any court ordered disclosure of classified information over the Government’s opposition. However — to be clear — that does not mean that in a given factual situation no court has the discretion to do so if warranted.”
Lawyers estimate that about 16 Guantanamo detainees are on hunger strike in protest of their indefinite detention. The military stopped releasing an official count last year after a mass strike involving more than 100 prisoners. The military maintains that force-feeding is done humanely. The World Medical Association has said that the procedure is unethical and can amount to torture.
Photo: Charles Dharapak/AP
Guantanamo’s Controversial Force-Feeding Policies Go on Trial–by Jason Leopold
“Releasing the videos, the Justice Department has said, might give a glimpse of the the prison infrastructure (so that when the terrorists land to invade, they’ll know what to do, where to go), or let Guantanamo inmates or others learn how to resist “forced cell extractions” (it’s overwhelming force, there is no way they can successfully resist) or locate equipment that could be used as a weapon (absurd). The government also warned that the videos might “inflame Muslim sensitivities overseas.” (their only plausible response)
You would be surprised. They use toothpaste all over the floors, store their poop in water bottles and the toilet and make contraband out of almost anything… Its not a walk in the park.
But this ruling runs contrary to Obama’s Look Forward, Not Backward™ torture policy.
After all the last recorded force feeding occurred in the past. Amirite?
“Rationalization of increasingly more inhumane actions is shockingly easy if not called out for what it is.”
David Cupples, “FEAR and LOATHING in the Counter-Revolution”, August 7th 2013. A synopsis of the steady way from the eradication of the Counter Culture to the 21st century which began with 9/11.
http://truth-out.org/speakout/item/18043-fear-and-loathing-in-the-counter-revolution
I don’t see where Kessler is introduced by her full name, appointment, and jurisdiction. Am I missing something, or are full attributes not being used any longer?
That was an editing error – her full name is Gladys Kessler.
I don’t think this will be a good idea. This video will start competing with the ISIS beheading videos for abusive hospitality.
You could not be more wrong. By your own twisted Orwellian logic, the Abu-Grahib photos should never have been made public as well, since that would also be “abusive hospitality”. Extending your twisted logic would make any images or videos which show abusive of detainees off limits, hidden from the public. Your argument could not be more against what the USA always spouts off about standing for: freedom of the press, free speech, and a government that is by and for the people.
But did you notice the comparison?
I cannot say enough bad things about Guantanamo and the U.S. government’s creation of this foul prison. How can the government get away with this crap? How can they hold these prisoners indefinitely? The USA is worse than Russia, China, Syria, Egypt…you name the country, and the USA has a much worse human rights record. Any time those idiots Obama, Clinton, McCain, Cheney, Psaki, etc start blowing off their big mouths about the sanctity of ‘Merkuh land of the brave home of the free, democracy human rights blah blah blah all you have to do is say “What about Guantanamo?” And there is nothing they can say to justify the ongoing indefinite detention and torture that continues to this day, ongoing indefinitely. America is now a country that indefinitely detains prisoners, denies them a fair trial, and tortures them. What an ugly, black stain on USA’s public image.
Extraordinary terrorists deserve extraordinary treatment. Who told them to hijack a bunch of planes and kill thousands of our people? And over the years they have tried it again and again. While they figure out a plausible reply they may as well relax in the peaceful Caribbean ambience.
Wow are you an idiot. Most of the prisoners at Gitmo had nothing to do with 9-11. Most of them were were handed to the Americans during the Iraq invasion by competing warlords with fabricated evidence, or no evidence, or “he said she said” nonsense. Only an idiot would want to live in a country which holds prisoners of war indefinitely without a fair trial or hearing, totally disregarding the Magna Carta and habeas corpus. Maybe you should go read some other website that is more in line with your thinking on this subject, like the North Korea Daily Bugle, or the Chinese Communist Party Times.
To answer your question:
“Who told them to hijack a bunch of planes and kill thousands of our people?”
Well Bush–Cheney didn’t tell them not to. And they knew in advance, as Snowden has confirmed.
Really? I have serious doubts that these videos will actually be made public even after they are censored. The decision will certainly be appealed and with all “national security” issues the Supreme Court has the final say. Given that John Roberts is the one who appoints FICA judges and the extreme right wing majority it is unlikely they will allow the publication of the videos. They will end up like the “torture report” in limbo for years or some such stall.
I would imagine that most people on this thread would not trust any branch of government not to be thoroughly corrupted.
I’ll believe these force feedings are non-punitive and humane when publicly and repeatedly demonstrated on administration officials.
You get it wrong. Big Brother is allowed everything, but beware when this mama’s boy gets back a tiny little bit of it.
Company store muscle still has the torture mindset with their “enhanced feeding,” especially when prisoners have made it abundantly clear they’d rather die.
Guantanamo, Deepwater Horizon 11, Michael Brown, millions of lives still being destroyed over a harmless crop-plant that provides food / medicine / renewable energy, endless others examples…
“Liberty and justice for all” is merely the lip service slogan required for having one’s freedom cake – while eating everyone else’s, too.
In spite of all the pledging – it’s never existed in OUR country.
Thank you for keeping us informed, Cora, it’s not a time the conscientious should be looking away.
From the Huffington Post:
“U.S. District Court Judge Gladys Kessler granted the news media’s request, although Kessler said the tapes will remain sealed until some information on them is redacted. The material to be removed includes identifying information of everyone on the tapes except for the prisoner. She said faces other than Dhiab’s will be obscured, as will voices and names.”
http://www.huffingtonpost.com/2014/10/03/gitmo-prisoner-force-fed_n_5928610.html
Note that, “the material to be removed INCLUDES…”
Note also that what the faceless force-feeders are saying (or perhaps shouting) will be obscured, along with other ‘material.’
My suspicious nature concludes Judge Kessler actually agrees the video footage should be made as little disturbing or incriminatory as possible.
Part of me wants to celebrate the judge’s decision, but caution remains as I too am suspicious. Her ruling can be appealed as was pointed out in the article, the video can be heavily redacted(edited), and after all is said and done she can rule for the defendant(government) in the matter before the court, which, by the way, is part of the government. It’s kind of like asking my right hand whether the left hand is guilty. I’m crossing my fingers but not holding my breath.
Cindy, I get no sense that Judge Kessler doesn’t mean every word she says. The White Hats drew a good judge this time.
But yes, this could all change on appeal.
Yup. Add to this, even if the tapes are published unredacted, they would continue nonetheless with the message in mind, even in case everything is obvious, we get away with it.
P.S.: As to “suspicious nature” that’s how they want us to perceive ourselves. I call it “natural response” to THIER paranoia. Thx for your awareness!
There’s thousands of ways to tamper with video footage and reception of the footage without these people knowing, even the timing of the release can have various effects. Who was videotaping it? why? do they videotape all of them?