Review – Outside the Law: Stories from Guantánamo + discussion

habeas corpus definition: a legal order which states that a person in prison must appear before and be judged by a court of law before he or she can be forced by law to stay in prison.

A literal interpretation of habeas corpus: ‘I must have the body’.

While we are being told that Tony Blair was haunted by bloodshed and warfare… Yesterday I attended a screening of the documentary, ‘Outside the Law: Stories from Guantánamo’ by Polly Nash and Andy Worthington that highlighted the realities of the ‘War on Terror’….

Two important cornerstones in British democracy were magna carta (1215) and habeas corpus (1679). Clive Stafford-Smith in the documentary made the point about the American state, in particular, disregarding habeas corpus is that we are returning to a medieval time. Quite. The story of Guantánamo is told through the significant politics events that created the  vengeful conditions called ‘War on Terror’ from the terrorist attack on the World Trade Centre to the trawling expedition mounted by the West in Afghanistan and Pakistan in capturing anyone who had a multi-million bounty on their head (again, proof wasn’t an important necessity for the Bush administration) or simply where in the wrong place at the wrong time, all based on …. nothing …just that there’s a helluva amount of money up for grabs). And this led to hundreds of men and boys being rounded up, in the absence of habeas corpus, being subjected to ‘extraordinary rendition’ and becoming ‘illegal enemy combatants’… Based on what?

The Bush administration used the raw and traumatic atmosphere after 9/11 for cynical and vengeful purposes by the re-interpretation of the law from torture to rights. Interpretations of legal definitions that should not have happened as these re-definitions happened without public and legal debate. And the realities of torture were being changed to suit the Bush administration’s pursuit for revenge. Secret prisons, secret flights, ‘extraordinary’ rendition, torture… and this was and still is happening without accountability, responsibility and public debate. In other words, men and boys were kidnapped and taken to prisons like Guantánamo that were established to operate outside the law.

Listening to Moazzam Begg and Omar Deghayes talk about the torture they experienced was shocking and upsetting as it exposed the sheer depths of inhumanity governments were prepared to stoop to get their vengeance. No legal representation, no charges, no hearings… no habeas corpus. I think the scene in the documentary that showed some of the prisoners’ children holding up placards saying, ‘I haven’t seen my father for 7 years’ is harrowing to watch because these men represent the desaparecidos. Their loved ones didn’t know where they were. Alarmingly, neither did the prisoners’ know where they were being sent. Physical, sexual and psychological torture was what they were facing… breaking the mind and the spirit so that they would ‘obey their American masters’..

While watching the documentary I saw the parallels between the ‘war on terror’ and Britain’s other bloody war, north of Ireland. Britain was complicit in torture and the secret services knew what what was going on and were there, Binyam Mohamed, for example, was interrogated by M15 and the British state is desperate to keep this secret. Shaker Aamer has been cleared for release from Guantánamo but he’s  still languishing in that torture chamber of a hell hole… Why???!!!! He has never been charged with any criminal offence nor had his day in court… but has been subjected to torture.

The British state isn’t a novice in complicity to torture and human rights abuses. Britain’s bloody, brutal and violent colonial past. And the more recent illegal bloody war and occupation of the north of Ireland where the British state (both Labour and Tory governments…. it was a Labour government who brought in the Prevention of Terrorism Act…). At the height the illegal occupation of north of Ireland there were attacks on civil liberties, Diplock courts (a member from the audience made the connection between Ireland and the current ‘war on terror’ especially, for example, Lord Hutton headed the inquiry into the death of David Kelly. Hutton was a judge involved in non-jury secret Diplock courts during the 1970s!), assassinations (the shooting down of 3 unarmed IRA suspects in Gibraltar in ’89), miscarriages of justice, hunger strikes, ‘H’ Block, ‘shoot to kill’ policies……the injustice and oppression of the nationalist community in the north of Ireland by the British state.

Historical parallels can be observed. An appalling act of violence committed. Then a ‘vengeance is mine’ reaction where civil liberties are curtailed in the name of ‘national security’. There’s a trawl and round-up which inevitably leads to miscarriages of justice (Guildford 4, Birmingham 6, Judith Ward and so on) based on frame-ups, assertions and ‘at the wrong place at the wrong time’. No evidence is provided but the vengeful atmosphere dictates ‘justice’. Justice based on vengeance not evidence nor rights. The word of the law that protects is run roughshod over for cynical and unjust purposes.

Andy Worthington mentioned that the Control Orders legislation is up for renewal. This legislation, to quote Liberty, is punishment without trial and will be up for renewal in the next few days in Parliament (see Liberty for what you can do to campaign against this unjust law). Gareth Pierce made an important contribution yesterday when she said that British state argues for deference to secrecy in the name of national security. She also made the point that there is apathy in this country (I agree) and that there’s not been any public debate or inquiry into the role of the intelligence services, their powers and secrecy. Again, all hushed up in the name of ‘national secrecy’… And when things are kept secret, hideous, brutal and violent attacks on individuals and rights become invisible and unheard.

Frankly, we need to loudly voice our opposition and demand an open, democratic accountability and responsibility. Otherwise this opression will continue and continue and continue.

So get the message out, order the DVD of this documentary, watch it, organise screenings (TUs and anti-war groups etc.), tell as many people you know about the Shaker Aamer languishing unjustly in Gitmo.

Article in Morning Star regarding Control Orders.

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