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Context of 'January 13, 2009: Former Prosecutor Joins Lawsuit Demanding Detainee’s Release'

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December 2003: Teen Detainee Attempts Suicide

Guantanamo detainee Mohammed Jawad, who has been in custody since he was 16 years old (see December 17, 2002 and January 13, 2009), attempts to commit suicide. Shortly thereafter, Guantanamo guards begin subjecting Jawad to what is known as the “frequent flier” program, in which the detainee is moved from cell to cell every few hours for days or weeks on end, in order to deny him sleep. Jawad is moved 122 times in 14 days, an average of less than 3 hours per move (see June 19, 2008). [Salon, 1/21/2009]

Entity Tags: Mohammed Jawad

Timeline Tags: Torture of US Captives

Mohammed Jawad, who has been detained at Guantanamo since age 16 (see December 17, 2002 and January 13, 2009), is beaten so badly by guards that weeks later he still has what Salon’s Glenn Greenwald will describe as “extreme bruises on his arms, knees, shoulders, forehead, and ribs.” [Salon, 1/21/2009]

Entity Tags: Mohammed Jawad, Glenn Greenwald

Timeline Tags: Torture of US Captives

The lawyer for Mohammed Jawad, a young Guantanamo detainee held in US captivity for almost six years (see December 17, 2002) and charged with attempted murder (see October 7, 2007), again attempts to have the charges against his client dismissed (see June 19, 2008). Major David Frakt shows evidence that General Thomas Hartmann, the military commission’s chief legal adviser, had pressured Guantanamo prosecutors to charge his client (see January 13, 2009 and January 18, 2009). Judge Stephen Henley finds that Hartmann had indeed brought undue pressure to prosecute Jawad, and bars Hartmann from any further involvement in the case as Hartmann has demonstrated his inability to stay neutral. Henley also orders a top-level review of the charges against Jawad. [Human Rights First, 9/2008] Henley will throw out the evidence against Jawad, ruling that Jawad’s confession was obtained through torture (see November 22, 2008).

Entity Tags: Mohammed Jawad, Stephen Henley, Thomas Hartmann, David Frakt

Timeline Tags: Torture of US Captives

Lieutenant Colonel Darrel Vandeveld, a former Army prosecutor at Guantanamo, resigns his position after becoming increasingly disillusioned and despondent over the treatment of detainees at the facility, many of whom he believes are likely innocent.
A Reluctant Believer in Stories of Abuse - Vandeveld began as an enthusiastic prosecutor. He joined to help avenge the 9/11 attacks, and served for seven years as a military lawyer in Bosnia, Africa, Afghanistan, and Iraq. “All of us fought because we believed that we were protecting America and its ideals,” he will later write. “But my final tour of duty made me question everything we had done.” Vandeveld was a prosecutor for the Office of Military Commissions in Guantanamo from June 2007 through September 2008. He will write, “Warning signs appeared early on, but I ignored them.” He was powerfully impressed when his superior officer, Colonel Morris Davis, resigned rather than agree to pursue politically motivated prosecutions (see October 4, 2007). Vandeveld’s own turning point came when he began working on the prosecution of Mohammed Jawad, who was 16 at the time he was captured (see December 17, 2002). When Vandeveld learned that Jawad claimed to have been horrifically abused while in US custody, as he later recalls: “I accused him of exaggerating and ridiculed his story as ‘idiotic.’ I did not believe that he was a juvenile, and I railed against Jawad’s defense attorney, whom I suspected of being a terrorist sympathizer.” He came to change his mind, eventually filing a declaration in federal court “stating that it is impossible to prepare a fair prosecution against detainees at Guantanamo Bay (see January 13, 2009).… I had concluded that the system of handling evidence is a haphazard farce. I saw this clearly with Jawad.” Vandeveld will write that he has seen evidence proving both Jawad’s age and his stories of being brutalized, including beatings, being thrown down a flight of stairs, and being subjected to an intense program of sleep deprivation (see June 19, 2008): “As a juvenile, Jawad should have been treated with care, held separately from the adult population, and provided educational and other rehabilitation services. Instead, he was placed in isolation and deprived of sleep. More than once he tried to commit suicide, according to detainee records” (see December 2003).
Torturing an Innocent Man - Vandeveld began combing through evidence suggesting that Jawad was innocent, and found that not only had Jawad been duped and drugged by the terrorists who recruited him, the evidence shows that he never carried out the attack against US soldiers of which he stands accused. Vandeveld writes of the difficulties he had in gathering the evidence; military investigators repeatedly kept it from him. “Only after long delays and many, many requests was it finally given to me,” he will later write, “because even after nearly seven years, the military commissions do not have a system in place for discovering exculpatory evidence or providing it to the defense” (see January 20, 2009).
Sinking into Despair - Vandeveld began working towards Jawad’s release to his family in Afghanistan. But Vandeveld’s superiors refused to countenance the idea. Vandeveld will write of his increasing depression and despair, and his inability to discuss his mental anguish with his family or friends due to the classified nature of the case. He finally turned to a Jesuit priest, Father John Dear, whom, he writes, “has written and spoken widely about justice.” He could not give Dear more than an overview of the situation, but Dear’s advice was blunt. “Quit Gitmo,” Dear told him. “The whole world knows it is a farce. Refuse to cooperate with evil, and start your life over.” But Vandeveld was afraid to take Dear’s advice. As he recalls, “I was afraid of losing friends, my job, whatever popularity I enjoyed, and my status as someone who was well thought of in this community.”
Resignation - It was Dear and, ironically, Jawad’s defense lawyer, whom Vandeveld descirbes as “a scorned adversary whose integrity and intelligence transformed him into a trusted friend,” who finally led Vandeveld to make a decision: he resigns. His final appearance before the Guantanamo military commissions was as a witness in Jawad’s defense (see January 13, 2009). “My testimony was a confession of sorts,” he later writes, “an acknowledgment of the error of my own ways as well as a candid admission of the shortcomings of the system that I had so enthusiastically supported.” [Washington Post, 1/18/2009] Vandeveld will write that Guantanamo has become a “stain” on the US’s international reputation (see January 18, 2009). He will also call for Jawad’s release (see January 13, 2009).

Entity Tags: Office of Military Commissions, Darrel Vandeveld, John Dear, Mohammed Jawad

Timeline Tags: Torture of US Captives

Former military prosecutor Lieutenant Colonel Darrel Vandeveld, who resigned his post in protest over the unwarranted prosecution of detainee Mohammed Jawad (see January 18, 2009), joins the American Civil Liberties Union (ACLU)‘s lawsuit on behalf of Jawad. The ACLU is demanding that Jawad be granted the right of habeas corpus and, ultimately, his release. Jawad has been held without trial for over six years, and, according to Vandeveld and the ACLU, no credible evidence of his probable guilt exists. Evidence does exist that Jawad was tortured while in US custody. In a brief filed with the court, Vandeveld writes, “[T]here is no credible evidence or legal basis to justify Mr. Jawad’s detention in US custody or his prosecution by military commission.” There is, however, “reliable evidence that [Jawad] was badly mistreated by US authorities both in Afghanistan and at Guantanamo.” Jawad was originally charged with throwing a hand grenade at US soldiers. Vandeveld writes that the evidence indicates Jawad, who was 16 when he was captured, never participated in any such attack, and was lured into joining an Afghan insurgent group by the promise of a well-paying job, and was drugged and lied to by the insurgents. What evidence does exist against Jawad is mostly exculpatory, Vandeveld writes, and all the evidence is scattered haphazardly throughout the Guantanamo facility. Some was found in a locker, and other documents have been lost. Thus, the US’s case against Jawad is unacceptably weak, Vandeveld contends. [Charlotte Examiner, 1/13/2009]
Jawad 'No Threat' - In defending Jawad, Vandeveld writes: “Had I returned to Afghanistan or Iraq, and had I encountered Mohammed Jawad in either of those hostile lands, where two of my friends have been killed in action and one of my very best friends in the world had been terribly wounded, I have no doubt at all—none—that Mr. Jawad would pose no threat whatsoever to me, his former prosecutor and now-repentant persecuter. Six years is long enough for a boy of 16 to serve in virtual solitary confinement, in a distant land, for reasons he may never fully understand.” [Salon, 1/21/2009]
Torture 'Miserably Common for Detainees in US Custody' - Salon’s Glenn Greenwald will write in support of Jawad and Vandeveld: “Jawad was never waterboarded, but no civilized human being would deny that the cumulative effect of his treatment at the hands of our country is torture in every sense of the word. And there’s nothing unique about his treatment. It wasn’t aberrational. Rather, it has been miserably common for detainees in US custody—not only at Guantanamo, but also in Bagram and throughout Iraq.” [Salon, 1/21/2009]

Entity Tags: Darrel Vandeveld, Bush administration (43), Glenn Greenwald, Mohammed Jawad, American Civil Liberties Union

Timeline Tags: Torture of US Captives

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Timeline Tags: Torture of US Captives

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