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Lawyers for a Guantánamo Detainee Cite Failing Health in Seeking His Release Lawyers for a Guantánamo Detainee Cite Failing Health in Seeking His Release
(5 months later)
WASHINGTON — Lawyers for the last former British resident imprisoned at Guantánamo Bay, Cuba, asked a federal judge on Monday to order his release because he has post-traumatic stress disorder and other mental and physical ailments. WASHINGTON — Lawyers for the last former British resident imprisoned at Guantánamo Bay, Cuba, asked a federal judge on Monday to order his release because he has post-traumatic stress disorder and other mental and physical ailments.
The motion on behalf of the detainee, Shaker Aamer, 45, a Saudi citizen, represents a new tactic by lawyers seeking the release of Guantánamo detainees by building on a court’s decision last year that a Sudanese detainee should be allowed to leave because of health problems. In the past, prisoners have been released because of insufficient evidence tying them to Al Qaeda.The motion on behalf of the detainee, Shaker Aamer, 45, a Saudi citizen, represents a new tactic by lawyers seeking the release of Guantánamo detainees by building on a court’s decision last year that a Sudanese detainee should be allowed to leave because of health problems. In the past, prisoners have been released because of insufficient evidence tying them to Al Qaeda.
The motion filed Monday is also notable because Mr. Aamer, an English-speaking leader among the detainees, has a particularly high profile and his case has attracted news media attention in Britain, where officials say they have repeatedly asked the United States to transfer him.The motion filed Monday is also notable because Mr. Aamer, an English-speaking leader among the detainees, has a particularly high profile and his case has attracted news media attention in Britain, where officials say they have repeatedly asked the United States to transfer him.
Both the Sudanese case and now Mr. Aamer’s focus on laws and regulations governing the repatriation of prisoners of war that could become increasingly important as the detainee population at Guantánamo ages.Both the Sudanese case and now Mr. Aamer’s focus on laws and regulations governing the repatriation of prisoners of war that could become increasingly important as the detainee population at Guantánamo ages.
The law of war permits detaining enemy fighters without trial to prevent their return to the battlefield. But it requires repatriating those who are seriously wounded or sick even before an armed conflict is over. A Geneva Conventions article says detainees shall be repatriated if their “mental or physical fitness seems to have been gravely diminished” and they seem unlikely to recover within a year.The law of war permits detaining enemy fighters without trial to prevent their return to the battlefield. But it requires repatriating those who are seriously wounded or sick even before an armed conflict is over. A Geneva Conventions article says detainees shall be repatriated if their “mental or physical fitness seems to have been gravely diminished” and they seem unlikely to recover within a year.
A United States Army regulation says wartime detainees who are “eligible” for repatriation include sick or wounded prisoners “whose conditions have become chronic to the extent that prognosis appears to preclude recovery in spite of treatment within one year from inception of disease or date of injury.”A United States Army regulation says wartime detainees who are “eligible” for repatriation include sick or wounded prisoners “whose conditions have become chronic to the extent that prognosis appears to preclude recovery in spite of treatment within one year from inception of disease or date of injury.”
Monday’s motion said Mr. Aamer “should be released immediately because his illness has become so chronic that recovery, even with optimal circumstances and care, is precluded within one year, and is likely to take many years or the full course of his remaining natural life.”Monday’s motion said Mr. Aamer “should be released immediately because his illness has become so chronic that recovery, even with optimal circumstances and care, is precluded within one year, and is likely to take many years or the full course of his remaining natural life.”
A Justice Department spokesman had no comment.A Justice Department spokesman had no comment.
Along with the motion, Mr. Aamer’s lawyers filed a report from an evaluation by an independent psychiatrist, Dr. Emily A. Keram, who has examined other detainees at Guantánamo on behalf of defense lawyers in the military commissions system. Her report recounted his claims that he had been beaten by interrogators after his capture and held for a time in isolation, and that he had participated in long-term hunger strikes that resulted in his being force-fed.Along with the motion, Mr. Aamer’s lawyers filed a report from an evaluation by an independent psychiatrist, Dr. Emily A. Keram, who has examined other detainees at Guantánamo on behalf of defense lawyers in the military commissions system. Her report recounted his claims that he had been beaten by interrogators after his capture and held for a time in isolation, and that he had participated in long-term hunger strikes that resulted in his being force-fed.
Mr. Aamer’s health is “gravely diminished,” and, if he is released, he will face years of struggle to regain “the ability to function in his family and society,” Dr. Keram wrote. She said that he should be sent to Britain, not Saudi Arabia, for therapy and psychiatric medication, along with further examination. Mr. Aamer’s lawyers also say he wants to return to England, where his wife and children live.Mr. Aamer’s health is “gravely diminished,” and, if he is released, he will face years of struggle to regain “the ability to function in his family and society,” Dr. Keram wrote. She said that he should be sent to Britain, not Saudi Arabia, for therapy and psychiatric medication, along with further examination. Mr. Aamer’s lawyers also say he wants to return to England, where his wife and children live.
In addition to symptoms associated with post-traumatic stress disorder, like mood swings and angry outbursts, Dr. Keram concluded that Mr. Aamer suffered from migraines, constant ringing in his ears, asthma, swollen feet, digestive problems and worsening eyesight, along with paranoia and difficulty maintaining a train of thought.In addition to symptoms associated with post-traumatic stress disorder, like mood swings and angry outbursts, Dr. Keram concluded that Mr. Aamer suffered from migraines, constant ringing in his ears, asthma, swollen feet, digestive problems and worsening eyesight, along with paranoia and difficulty maintaining a train of thought.
“Mr. Aamer’s psychiatric condition will not improve without required psychiatric treatment,” and he cannot receive effective treatment at Guantánamo, Dr. Keram wrote. “His conditions of detention are in themselves a constant source of stress and trauma.”“Mr. Aamer’s psychiatric condition will not improve without required psychiatric treatment,” and he cannot receive effective treatment at Guantánamo, Dr. Keram wrote. “His conditions of detention are in themselves a constant source of stress and trauma.”
Still, Mr. Aamer’s condition appears less severe than that of the Sudanese detainee, Ibrahim Othman Ibrahim Idris, who was described in court filings as morbidly obese and schizophrenic. Mr. Idris’s “long-term severe mental illness and physical illnesses make it virtually impossible for him to engage in hostilities were he to be released,” his lawyers wrote.Still, Mr. Aamer’s condition appears less severe than that of the Sudanese detainee, Ibrahim Othman Ibrahim Idris, who was described in court filings as morbidly obese and schizophrenic. Mr. Idris’s “long-term severe mental illness and physical illnesses make it virtually impossible for him to engage in hostilities were he to be released,” his lawyers wrote.
The Obama administration did not oppose the petition asking for Mr. Idris’s release, and in October a judge ordered him freed. Because his transfer was the result of a judicial order, it qualified for an exception to transfer restrictions imposed by Congress on countries with poor internal security situations, like Sudan. He was repatriated in December.The Obama administration did not oppose the petition asking for Mr. Idris’s release, and in October a judge ordered him freed. Because his transfer was the result of a judicial order, it qualified for an exception to transfer restrictions imposed by Congress on countries with poor internal security situations, like Sudan. He was repatriated in December.
Ramzi Kassem, a law professor at the City University of New York, whose legal clinic represents Mr. Aamer, argued in an interview that a wartime detainee could meet the legal standard of release even if the detainee was not as ill as Mr. Idris.Ramzi Kassem, a law professor at the City University of New York, whose legal clinic represents Mr. Aamer, argued in an interview that a wartime detainee could meet the legal standard of release even if the detainee was not as ill as Mr. Idris.
“The law does not require a prisoner’s total and permanent incapacitation,” Mr. Kassem said. “The grave illnesses with which Shaker has now been diagnosed, taken together or separately, meet the legal standard for release under international and domestic law.”“The law does not require a prisoner’s total and permanent incapacitation,” Mr. Kassem said. “The grave illnesses with which Shaker has now been diagnosed, taken together or separately, meet the legal standard for release under international and domestic law.”