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Tag Archives: religious discrimination

UN Recognises Force Feeding at Gitmo as Torture

“If it’s perceived as torture or inhuman treatment — and it’s the case, it’s painful — then it is prohibited by international law,” Rupert Coville, spokesman for the UN High Commissioner for Human Rights.

For nearly three months now, a large scale hunger strike involving over 130 prisoners has gripped Guantanamo Bay as detainees protest their indefinite detention and mistreatment of the Holy Quran. As implemented in previous hunger strikes, the military has not only been force-feeding inmates through nasal tubes, but employing psychological coercion and physical violence to break the dissent. Recently, prisoner Younous Chekkouri described an appalling pre-dawn raid in which prisoners were besieged by rubber bullets and tear gas.

“This is exactly the opposite of what they should be doing,” Carlos Warner, a federal public defender in Ohio, said of the decision to punish prisoners by shifting them in to solitary cells instead of negotiating an end to the strike. “The military is escalating the conflict.”

As the frightening tension increases on the base, little is known of the nature of the interaction between detainees and the prison authority apart from statements by military officials. Numerous human rights groups have called for independent oversight of the facility, something which is now even more remote as the Pentagon has ordered the only civilian flight to remain grounded starting May 1st. Lawyers, journalists and human rights workers will now have to go through a lengthier process of requesting special permission from the Pentagon to board a military flight in order to access the base.

In an effort to deflect international criticism and revive an air of optimism at the prison camp, Obama recently announced that he will revive the campaign to shut down the facility. However, the narrative of blaming an uncooperative Congress in the failure to close Guantanamo rings hollow as legal experts such as Ken Gude point out: “The 2012 National Defense Authorization Act made important changes to previous restrictions granting the Secretary of Defense more discretion in making determinations to transfer Guantanamo detainees,” indicating that the president could at will direct the Secretary of Defense to start relocating detainees.

Statement from the UN:

Washington/Geneva —  1  May  2013—

The Inter-American Commission on Human Rights (IACHR), the United Nations Working Group on Arbitrary Detention (hereinafter, the Working Group), the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan Méndez and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, (hereinafter, the UN Special Rapporteurs), call urgently on the Government of the United States of America to respect and guarantee the life, health and personal integrity of detainees at the Guantánamo Naval Base, particularly in the context of the current hunger strike. They also emphatically reiterate the need to adopt concrete measures to end the indefinite detention of persons; provide for their release or prosecution, in accordance with due process and the principles and standards of international human rights law; allow for independent monitoring by international human rights bodies; and close the detention center at the Guantánamo Naval Base.

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Posted by on May 3, 2013 in News Items

 

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Zachary Adam Chesser: January 25, 2013 (The War on Salaah Persists)

BismIllaah ir-Rahmaan ir-Rahiim,

As-salaamu ‘alaykum wa rahmatUllaahi wa barakaatuh,

My name is Abu Talhah Zakariyya Al-Amriikii (legally Zachary Chesser, and I am a prisoner of the American Inquisition being held in one of the two facilities known as Guantanamo North in Marion, Illinois in the United States. The other Guantanamo North facility is in Terre Haute, Indiana. Officially these two units are called Communications Management Units (CMUs). I am writing this to inform you all of the continuing war against the ability of Muslims to pray together in this place.

I am actually writing this article on the first morning after having my e-mail privileges returned to me following a four month period where the American government took it away. They took it from me, because they convicted me of a crime. I did not steal, nor did I assault anyone, nor did I engage in any sort of illicit activity. I spent one third of a year cut off from my wife, who lives overseas and is without a mailing address and whom I cannot afford to call very often, because I was caught praying in a group with my fellow brothers in Islaam. I previously detailed this and other events in an article I wrote on the eve of these sanctions which I called “The War on Salaah.

This was not my first time being severed from my family over this issue. No. I have been convicted of this crime before. In November, 2011, my e-mail was taken for a month when I was convicted. As soon as my sanctions ended I was placed in isolation and lost all communications except one fifteen minute phone call for a month and a half. According to the Case Manager in my unit, Milton Neumann, this was due to things I wrote to the United States Senate criticizing the American government for not allowing us to pray and for a few other things as well.

A few weeks after being released from isolation, I was convicted of being suspected of praying in a group, not even for actually praying in a group, and I was sanctioned for another month. I was also placed in isolation again for a few weeks over the exact same issue as before, when this happened.

In May, 2012, I was again placed in isolation over a question I was trying to get answered regarding certain religious issues. There was nothing violent about the questions, but the prison chose to interpret them as promoting violence, because they automatically assume that anything having to do with Islaam is inherently violent. When I threatened to go to the media and to the courts over this, they expedited my release.

When I was in isolation on this occasion, I began to write a piece detailing a simple twenty-four hour experience locked away. I wrote it in a bit of an artistic manner as opposed to a simple article. The piece detailed our struggle to do things like call the adhaan and pray together in isolation. When I was released from isolation, I began re-writing it as an e-mail to the outside. Shortly after beginning it, while it was still saved in my drafts folder, our Unit Manager, Steven Cardona, and our Case Manager, Milton Neumann, called me into their office and threatened to put me in isolation permanently on fake investigations if I sent the e-mail out. I agreed to delete the e-mail.

I was again caught praying in a group around this time, but instead of writing me an incident report and taking my e-mail, the prison moved me to the cell closest to the office of the guards.

Shortly after this, I was again convicted of being suspected of praying, but this time I lost e-mail for two months. After this, I only had it back for three weeks when they convicted me on this most recent incident when I lost it for four months.

In the midst of this latest sanction, I worked with a brother to craft a lawsuit against the ban on prayer in Guantanamo North. I had to wait a long time, because the prison makes you seek administrative remedies for about a year before you can file a lawsuit. They never answer these remedies, so it is simply a way of deterring lawsuits. In fact, when the American government created this policy, they openly claimed that it was to keep prisoners from using the courts.

Our suit sought relief under the Religious Freedom Restoration Act (RFRA) and the First and Fifth Amendments. The goal of the suit is to overturn the ban on congregational prayer in the unit, gain compensation for the oppression they subject us to in Guantanamo North, and to punish the people who are responsible for these actions. One of the people I am suing is the guard who, as mentioned in the previous article, threw a padlock at a wafer thin brother while he was sleeping. This brother is wafer thin, has one lung and is suffering from cancer. This guard is being sued, because he has issued incident reports for the prayer on two occasions.

I also hope to have the suit certified as a class action, but this is a bit difficult and I would need an attorney to do it (not that I cannot write the motion myself, but having an attorney is a prerequisite for filing a class action suit. A class action suit is one which applies to all people who fit a certain description, even if they themselves did not file the suit.

A similar suit was filed a few years ago by some brothers at Terre Haute’s Guantanamo North facility. In their suit, they simply sought relief under the RFRA, which means that no damages could be awarded. The standard for the RFRA is fairly easy to meet, so this is why they used that instead of a constitutional argument. Eventually, every single plaintiff on this suit was dismissed, except for John Walker Lindh.

The suit was also denied class action, because the extremist Sufi government appointed imaam who believes in Wahdat ul-Wujuud (that everything is Allaah and Allaah is everything) and who supports Bashar al-Assad in Syria wrote a misleading declaration against them. Despite the fact that this man’s beliefs and positions are considered extremely heretical by mainstream Muslims, the prison refuses to replace him and uses him to back up whatever position they want to take against the Muslims.

Our arguments are essentially the same, except that in our facility they have been more harsh on the prayer and they have less reasons for restricting it, as there have been a few incidents at Terre Haute which were used to justify the ban. The prison claims that group prayer leads to radicalization, and a “political” view of Islaam. This is why they have banned it. There arguments at each facility are the same.

Al-hamdu Lillaah, our brother at Terre Haute won. The judge in his case saw that the prison was very clearly oppressing them in their religion. Therefore, in shaa-Allaah, within the next two months these brothers will once again be able to pray in a group. However, there is a possibility that this will be delayed as the government appeals the ruling.

As one might imagine, all of the brothers here were overjoyed. It brought tears to our eyes when we saw this brother’s victory on the news. Everyone’s hopes were raised that maybe we would be allowed to pray together too. However, this was not the case. Despite the fact that the prison has been clearly told that their action was in violation of American law, they refuse to recognize this ruling.

Technically, they do not have to, because the court ruling only applies to John Walker Lindh. However, the ruling also makes clear that anyone who is in the same situation as Lindh ought to be allowed to pray by the prison. This is the case over here, but instead of viewing things from the perspective of right and wrong, the prison has chosen to view them from the perspective of what they can get away with in terms of oppressing Islaam. It would not cost them anything to let us pray together. In fact, it would save them time, money and resources.

They allow us to gather for every worldly purpose: cards, television, movies, food, conversation, sports, games, and so on. However, when it comes to the prayer, all of a sudden we become a threat to their security. Why? Because it is a public manifestation of a religion which frightens them. They see this force which they cannot understand. they see that it moves people to do extraordinary things. It causes men and women to reject those things which they love as immoral and adopt self-sacrifice and perseverance as a means to better the lives of their brothers and sisters. This is why we cannot pray.

Please raise awareness of this issue and please keep us in your du’a.

Abu Talhah Al-Amriiki
Guantanamo North

Zachary Adam Chesser #76715-083
USP Marion
U.S. Penitentiary
PO Box 1000
Marion, IL 62959
USA
 
 

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Mohamed Shnewer: May 22, 2012 (No Halal Food, No Salah in Jama, and continuous Harassment)

May 22, 2012

In The Name Of Allah Most Gracious Most Merciful

Assalamu Alaikum,

I appreciate your concern and continous effort to expose the conditions in the CMU. As for the justification given to prevent us from Halal food, they tell us that the vegetarian or Kosher trays are sufficient to meet my religious requirements. Which is of course a frivilous and false claim because we are’nt forbidden from eating meat, and the Kosher tray is a far cry from Halal. We have given them many different options on ways to provide us with Halal, yet they have refused every option we’ve put on the table. We told them we’ll buy it our selves, our families will provide the Halal food, the Mosques will provide it, but despite our best efforts we haven’t been able to get Halal food.

As for the congregational prayers, they have no excuse for it except that they hate and discriminate against Islam and Muslims. They allow every other type of congregation whether it be religious, social, or learning. They have blocked any effort for any Islamic learning as well. The Hunger Strike took place because of the ongoing harrasment and hostilities of the administration against the Muslim inmates. There were even non-Muslim inmates that participated because they were unhappy with the way the administration has been harrasing the Muslims. We came off of it, Alhamdulillah we were able to get some of our issues resolved. The harrasment is still ongoing, and we are working very hard to try to file a proper lawsuit in this matter.

Please highlight the facts that we aren’t being provided Halal food, congregational prayer, the ongoing harrasment of Muslims’, they are even trying to stop us from praying the Fajr prayer in our cell alone while we’re locked in. These are some of the issues I hope you can highlight. I’m not sure when the next time is that I can email, because I have been given two frivilous incident reports in retaliation for me trying to expose our situation in “GITMO North”.

May your efforts be fruitful. Thank you very much for your continued concern and effort over the conditions here.

Assalamu Alaikum,
Mohamed Shnewer

 
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Posted by on June 7, 2012 in Letters from Mohamed Shnewer, Risala

 

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Ahmed Mohammad Ajaj: May 16, 2012 (Some Good News…)

I am writing to report good news. On February 3, 2012, the Federal Judge Jane Magnus-Stinson ruled that the CMU Muslim prisoners at Terre Haute, Indiana have the right to perform their daily prayers in a group without the fear of punishment by the prison officials and rejected the Warden’s excuses for banning the Muslim Congregational prayers.

We provided a copy of the Judge’s ruling to the prison officials at CMU-Marion but they told us that they will not comply with such ruling and we will continue to be subjected to disciplinary punishment if we perform our Islamic congregational prayers. In addition, our requests of Halal meals that complies with our religious dietary requirements were denied and they denied us the ability to purchase any Halal items from any Islamic vendor in violations of clearly established laws of this country.

It should be noted that Jewish inmates are provided with free Kosher meals and [are ]allowed to purchase Kosher meals from a Jewish vendor!!. On April 3, 2012, the attorney Mr. Alan Mills who won a lawsuit against Illinois’ supermax prison (“Tamms”) and a known defender of the rights of prisoners visited with us and he will be working with other law firms inIllinois to help us to file lawsuits against the BOP and the prison officials in the CMU- Marion:
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Mufid Abdulqader: April 23, 2012 (Life in the CMU – Religious Bigotry)

Religious Bigotry, Racial and Ethnic Discrimination at the Communication Management Unit (CMU) at USP Marion has reached a new level of shame where the Warden and staff are showing their hate for Islam and Muslims in clear violation of Federal, State laws, Federal Bureau of Prisons policies, Religious Freedom Act, and the U.S. Constitution.

Muslim inmates here at the CMU are being subjected to a host of Religious, Racial, and Ethnic Discrimination by the Warden and staff which has continued unabated, poisoning the atmosphere, creating a hostile environment and undermining the mission of the BOP. The following are just few examples of many:

1- The behavior of the Warden of Marion has sunk to a new low. On March 27, 2012, as the Warden was making her round in the CMU unit and was talking to a Muslim inmate about scheduling his phone call and in the middle of the conversation, the Muslim inmate swore by God that he forgot to write his name on the schedule and that’s when the Warden told him: ‘You guys don’t believe in God’ and repeated it twice. The Muslim inmate got very upset and later became sick and they had to call The PA (Physician Assistant) and psychologist to treat him.

The Warden said that in the presence of several of her senior staff and other inmates that Muslims do not believe in God!!!. Now can someone explain to me how is it possible that the highest authority in this prison that houses close to 1,400 inmates with over 10% of them Muslims, and the Warden of the prison that has one of two units that are dedicated to housing Muslims inmates does not know that Muslims believe in God!!!. The most basic knowledge about Islam which even the most ignorant of people on the street knows, the Warden does not know that, or does she? The Associate Warden took the Muslim inmate to the side and told him:’She (the Warden) said that because you guys believe in Mohammad as God, not Jesus!’. It is not just the Warden but also the Associate Warden and most likely the majority of staff have no idea about the Muslim faith and yet they have to run an institution that is filled with Muslims.
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