Hall, Julia - Interview master file
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| Interviewer | Morning | 0:05 |
| - | Good morning. | 0:06 |
| Interviewer | We are very grateful | 0:07 |
| to you for participating | 0:08 | |
| in the Witness to Guantanamo Project. | 0:09 | |
| We invite you to speak of your experiences | 0:12 | |
| and involvement with issues concerning Guantanamo. | 0:15 | |
| We are hoping to provide you | 0:19 | |
| with an opportunity to tell your story | 0:20 | |
| in your own words, we are creating an archive | 0:22 | |
| of stories so that people in America | 0:25 | |
| and around the world will have a better understanding | 0:28 | |
| of what you and others have experienced and observed. | 0:31 | |
| Future generations must know what happened in Guantanamo | 0:36 | |
| and by telling your story you're contributing to history. | 0:39 | |
| We appreciate your willingness to speak with us. | 0:45 | |
| And if any time you want to take a break, just let us know. | 0:47 | |
| And if you say something | 0:50 | |
| and you want us to remove it, | 0:52 | |
| we can remove it if you let us know. | 0:53 | |
| - | Okay. | 0:55 |
| Interviewer | And I'd like to begin | 0:56 |
| by asking you your name and your hometown | 0:57 | |
| and birth date and age. | 1:01 | |
| - | My name is Julia Hall. | 1:05 |
| I work for Amnesty International. | 1:07 | |
| I previously worked for Human Rights Watch. | 1:09 | |
| I am 51 years old. | 1:12 | |
| Interviewer | When were you born? | 1:15 |
| - | I was born in 1963. | 1:16 |
| Interviewer | And where do you live? | 1:18 |
| - | I live in Buffalo, New York, | 1:20 |
| which has been my outpost office | 1:22 | |
| for almost my entire career. | 1:26 | |
| So I've been very lucky to work out of my home, | 1:28 | |
| but my offices have been in New York and in London. | 1:31 | |
| Interviewer | Your marital status and education? | 1:36 |
| - | I'm happily married to my husband | 1:39 |
| Patrick Mahoney for 21 years. | 1:41 | |
| I am a lawyer. | 1:45 | |
| So graduated law school, I don't know, maybe 18 years ago, | 1:46 | |
| 18 or 19 years ago. | 1:50 | |
| Have prior degrees in sociology, | 1:52 | |
| Middle East studies, things like that so, | 1:55 | |
| Interviewer | So maybe you give us a little background | 2:00 |
| as to where you began after law school | 2:03 | |
| in terms of human rights work and then | 2:06 | |
| up to the present and some titles along the way. | 2:08 | |
| - | I went right from law school to Human Rights Watch, | 2:12 |
| they have a fellowship program for new graduates | 2:14 | |
| and was happy enough to get one of those, | 2:18 | |
| went to New York and spent 13 years at Human Rights Watch | 2:21 | |
| starting in conflict zones, | 2:26 | |
| working in Northern Ireland during the first cease fire | 2:29 | |
| and then following the Northern Irish situation | 2:33 | |
| right through to the peace in 1998, the Belfast Court. | 2:37 | |
| So did that, went on to Bosnia, looked at sexual violence. | 2:42 | |
| Post-war in Bosnia, | 2:48 | |
| traveled to 17 towns and cities there in 1997, | 2:50 | |
| right after the war had ended, talking to women, | 2:55 | |
| went from there to do immigration | 2:58 | |
| and asylum issues across Europe. | 3:00 | |
| And then September 11th happened. | 3:02 | |
| And it was a really stunning shift | 3:07 | |
| in everything that we were doing | 3:10 | |
| in the human rights movement. | 3:13 | |
| We thought that the debate over torture was over. | 3:15 | |
| We thought that the notion of Western governments engaged | 3:20 | |
| in enforced disappearance was no more. | 3:23 | |
| And so it was like a back to the future kind of thing, | 3:25 | |
| where you really felt yourself punched in the stomach | 3:28 | |
| by the event itself, which was so horrible. | 3:33 | |
| And then by the way that the United States | 3:36 | |
| and other governments responded to it | 3:38 | |
| which just compounded the injustice. | 3:40 | |
| And so from September 12th, 2001 to the present | 3:43 | |
| I have worked almost exclusively on counter-terrorism | 3:49 | |
| and national security cases, | 3:52 | |
| both in north America and in Europe | 3:54 | |
| Interviewer | You were still with Human Rights Watch | 3:57 |
| at the time of 9/11? | 3:59 | |
| - | I was. | 4:01 |
| Interviewer | And when you say torture, | 4:02 |
| we didn't know about torture on September 12th. | 4:04 | |
| When did you find out about torture | 4:07 | |
| and how did that inform everything you did? | 4:09 | |
| How did that all unfold? | 4:12 | |
| - | The first cases that came to our attention | 4:14 |
| that indicated that there was something going on, | 4:18 | |
| at least for me, was December 18th, 2001. | 4:21 | |
| So very shortly after 9/11, when you think about it, | 4:26 | |
| you think about security council resolutions. | 4:28 | |
| You think about Afghanistan. | 4:30 | |
| It was a pretty compressed period of time between 9/11, | 4:34 | |
| and we heard of people being apprehended | 4:39 | |
| in ways that were clearly extra judicial | 4:42 | |
| and people were being sent back to places | 4:45 | |
| where they were almost certainly going to be harmed. | 4:48 | |
| Those cases were two Egyptians. | 4:51 | |
| They were living in Sweden at the time, | 4:54 | |
| and they had been apprehended, brought to the airport, | 4:58 | |
| they were frisked ,the whole rendition thing. | 5:03 | |
| You know, they'd been stripped of their clothing. | 5:07 | |
| They've been put into jumpsuits. | 5:09 | |
| They've been shackled, hooded, | 5:10 | |
| had depositories, placed in their anuses, | 5:12 | |
| And then they were handed over to US officials, | 5:15 | |
| put on a plane at Bromma airport and transported to Egypt | 5:20 | |
| where they were put into prison and they were tortured. | 5:23 | |
| So that happened in December of 2001. | 5:26 | |
| And that was the first rendition that we had heard of. | 5:29 | |
| So, when 9/11 happened, | 5:36 | |
| it was very clear right from the start | 5:39 | |
| that there was going to be backlash. | 5:42 | |
| We didn't actually know how bad it was going to be, | 5:45 | |
| but we started to understand | 5:47 | |
| how bad it was going to be by December. | 5:50 | |
| Interviewer | How did you hear | 5:52 |
| about that incident in December 18th? | 5:53 | |
| - | Amnesty International actually issued urgent actions | 5:55 |
| on behalf of these men. | 5:59 | |
| Their section in Stockholm was on top of these cases. | 6:02 | |
| The one guy's name was Ahmed Giza | 6:06 | |
| and the other guy's name was Muhammad Al-Zari. | 6:08 | |
| And so Amnesty started, | 6:11 | |
| because it's got so many offices all over the world | 6:14 | |
| and it's a movement, | 6:16 | |
| looking, these cases started to come up on their radar. | 6:18 | |
| So Amnesty issued urgent action the day it happened, | 6:22 | |
| Interviewer | And you knew the US was involved? | 6:26 |
| - | We knew that those men | 6:30 |
| had been handed over to the us | 6:32 | |
| to some agency of the United States government | 6:36 | |
| and taken to Egypt. | 6:40 | |
| We knew that, we didn't understand the rendition program | 6:41 | |
| at that point. | 6:45 | |
| We had no idea at that point | 6:46 | |
| that the US was going to be secretly | 6:49 | |
| detaining people on European soil. | 6:51 | |
| Now, what was going | 6:53 | |
| on in other places, you know, Afghanistan, | 6:54 | |
| I can really only speak to the rendition program | 6:58 | |
| as it pertains to European locations | 7:01 | |
| and to the complicity of European governments | 7:05 | |
| and Sweden was completely complicit. | 7:08 | |
| They've acknowledged their complicity. | 7:10 | |
| They've apologized to the two men. | 7:12 | |
| They've rescinded those original expulsion order. | 7:14 | |
| They've offered them compensation. | 7:17 | |
| They've brought one of the men | 7:19 | |
| from Egypt back to Sweden, | 7:21 | |
| Ahmed Giza is now in Sweden. | 7:23 | |
| So, the Swedish scenario, the situation in Sweden | 7:26 | |
| was really kind of an A to Z kind of thing, right? | 7:32 | |
| Giza only went back to Sweden. | 7:37 | |
| I believe it was last year, but this started in 2001. | 7:38 | |
| So it was 13 years of, | 7:43 | |
| from the time that it happened | 7:47 | |
| through a series of accountability processes. | 7:48 | |
| I mean, he took his case to the United Nations, | 7:50 | |
| to the United Nations committee against torture. | 7:53 | |
| And they ruled in his favor against Sweden. | 7:55 | |
| So there was accountability for Sweden | 7:58 | |
| but absolutely no accountability to date | 8:01 | |
| for anything that the United States government has done | 8:03 | |
| in terms of these operations. | 8:06 | |
| Interviewer | What happened to the second man | 8:08 |
| who was taken to there? | 8:09 | |
| - | He is still there. | 8:12 |
| He decided for various reasons to stay in Egypt, | 8:14 | |
| of course, Ahmed Giza's entire family was in Sweden. | 8:17 | |
| The Swedish government really tried to make amends, | 8:20 | |
| what we would call an, in human rights law, | 8:23 | |
| to give effective redress to the family. | 8:26 | |
| They offered off Ahmed Giza's wife asylum | 8:29 | |
| and his five children. | 8:32 | |
| So naturally when he got out of prison in Egypt | 8:33 | |
| he wanted to be with them. | 8:36 | |
| They had asylum. | 8:38 | |
| So they were well situated in Sweden | 8:39 | |
| and to the Swedish government's credit, | 8:41 | |
| they brought him back home. | 8:44 | |
| Interviewer | What was the next incident you heard | 8:47 |
| right after that? | 8:49 | |
| - | I would have to say in my memory | 8:54 |
| it was the 2003 kidnapping of Abu Omar in Italy. | 8:56 | |
| He was under surveillance by what was SISMI, | 9:03 | |
| which is the FBI of Italy, | 9:08 | |
| for having connections, you know, | 9:13 | |
| he was suspected of having connections. | 9:16 | |
| Of course, now, what that means is so unclear, | 9:18 | |
| connections with whom, connected to do what? | 9:23 | |
| It was so unclear, but he was under surveillance | 9:25 | |
| by the Italian intelligence apparatus. | 9:28 | |
| That apparatus began cooperating with the CIA. | 9:35 | |
| They hatched a plan to basically kidnap him | 9:40 | |
| and he was kidnapped. | 9:43 | |
| And then he was rendered back to Egypt | 9:45 | |
| where he also was subjected to torture. | 9:47 | |
| And again, Amnesty International was very critical, | 9:50 | |
| even though I wasn't working for them at the time, | 9:54 | |
| in following these cases. | 9:56 | |
| So that was the next one that I can think of | 9:58 | |
| that was quite an affair. | 10:01 | |
| And since then, you'll note | 10:03 | |
| that the Abu Omar case has been written about | 10:04 | |
| in nonfiction form, there've been articles, documentaries. | 10:08 | |
| It's been one of the most dissected rendition cases | 10:12 | |
| in the history of the program, | 10:16 | |
| and to the Italian prosecutor's credit, | 10:18 | |
| Armando Spataro, he actually gathered evidence | 10:24 | |
| on this kidnapping. | 10:28 | |
| He gathered cell phone records. | 10:29 | |
| He gathered receipts from hotels. | 10:34 | |
| He gathered car rental receipts, and he built a body | 10:36 | |
| of evidence that led to the prosecution of 26 US nationals. | 10:38 | |
| And I don't know, half a dozen Italians. | 10:44 | |
| And they were very, very successful prosecutions. | 10:47 | |
| Of course, they happened in, in absentia, | 10:50 | |
| which is a big problem under international law, | 10:53 | |
| but it was definitely a process | 10:56 | |
| whereby you can see how these cases can be investigated. | 10:58 | |
| Evidence can be gathered despite the stonewalling | 11:03 | |
| of both the Italian government and the US government, | 11:07 | |
| how they can be effectively investigated | 11:09 | |
| and people can be held to account | 11:12 | |
| and brought to justice for the violations | 11:14 | |
| that they perpetrated against these people. | 11:17 | |
| Interviewer | So what were you thinking? | 11:22 |
| You personally, and then also the people | 11:23 | |
| you worked with, in terms of all of sudden | 11:25 | |
| discovering that the US was complicit in torture? | 11:28 | |
| You said that you had never thought you'd see that again. | 11:31 | |
| How did Human Rights Watch | 11:36 | |
| and then later on Amnesty react to that? | 11:39 | |
| - | Well, look, we weren't naive, | 11:44 |
| we didn't think the US government never, | 11:47 | |
| whether it was intelligence operations, | 11:50 | |
| military operations, or even in Brooklyn MDC, | 11:53 | |
| that they never tortured people. | 11:56 | |
| But the reality was is that it wasn't a policy, | 11:59 | |
| it wasn't a formal way of approaching a problem, right? | 12:02 | |
| I mean, things happened. | 12:07 | |
| We understood that, we would call them to the carpet | 12:09 | |
| for torture practices, let's say, | 12:12 | |
| whether it was a police department | 12:14 | |
| or substandard conditions in detention centers | 12:16 | |
| or prisons that amounted to torture and ill treatment. | 12:20 | |
| So I don't want to give the impression | 12:23 | |
| that the United States government was completely clean | 12:25 | |
| on September 10th, 2001 | 12:27 | |
| and then only became dirty afterwards. | 12:29 | |
| But the unique thing about the operations after 2001 | 12:33 | |
| is that they were authorized | 12:39 | |
| at the very highest levels through a series | 12:41 | |
| of memos that somehow tried to justify the use of torture | 12:45 | |
| and ill treatment in pursuit of people | 12:50 | |
| that they suspected of having links | 12:52 | |
| to the terrorists who brought down the trade centers. | 12:54 | |
| And that's a completely different ball game then. | 12:58 | |
| When you have the president of the United States | 13:02 | |
| all of his kind of kitchen cabinet | 13:06 | |
| Dick Cheney, Donald Rumsfeld, | 13:09 | |
| you know the cast of characters and then the lawyers, | 13:11 | |
| then the lawyers, through a series of memos | 13:16 | |
| helping to justify these practices, | 13:18 | |
| talking about them as enhanced interrogation techniques, | 13:22 | |
| euphemisms for torture and ill treatment, | 13:25 | |
| was stunning, frankly. | 13:27 | |
| And I don't think that there is a person | 13:30 | |
| who can honestly say that, oh ,we would have, | 13:33 | |
| of course we would have expected that no, it was stunning. | 13:37 | |
| And it was, from a lawyer's point of view, | 13:40 | |
| a regression in rights protection | 13:44 | |
| and the rule of law that we still live with today. | 13:47 | |
| Interviewer | Did you go to the media | 13:50 |
| and how did the media respond when you saw these incidents? | 13:52 | |
| - | You know, it was the Europeans who began, European experts | 13:59 |
| in international governmental organizations. | 14:05 | |
| So let me explain what those are. | 14:07 | |
| So the council of Europe | 14:08 | |
| and the European Parliament, who began to say | 14:10 | |
| we really need to investigate Europe's complicity | 14:13 | |
| in these practices. | 14:16 | |
| And they started to do that investigation in 2005. | 14:17 | |
| It was December 5th, 2005 | 14:21 | |
| that Condoleezza Rice was going to Europe. | 14:24 | |
| And she was at some airport in the US, | 14:28 | |
| I wish I could remember which one now, | 14:31 | |
| but she was still in the US, | 14:32 | |
| and she admitted that the US government | 14:33 | |
| had a rendition program. | 14:36 | |
| She chastised the Europeans | 14:38 | |
| for being naive about the fact | 14:42 | |
| that this rendition program was necessary, | 14:46 | |
| it had saved lives. | 14:50 | |
| I mean, she really was like the schoolmarm on the Europeans. | 14:52 | |
| You don't understand how serious this is. | 14:56 | |
| This rendition program is absolutely necessary. | 14:58 | |
| We can't get these people any other way. | 15:00 | |
| And we are helping to save European and American lives | 15:02 | |
| by transporting people illegally across borders, | 15:06 | |
| holding them in secret detention | 15:10 | |
| and interrogating them in by using coercive | 15:12 | |
| and violent means that is actually helping Europe. | 15:15 | |
| So that was the message. | 15:20 | |
| Well, the European intergovernmental organizations | 15:21 | |
| saw how harmful this was, | 15:23 | |
| and they decided to do their own investigation. | 15:26 | |
| So Senator Dick Marty | 15:28 | |
| a Swiss Senator began an investigation 2005, 2006, | 15:30 | |
| released reports in 2006 and 2007 on the constellation | 15:34 | |
| of European governments who had been complicit | 15:40 | |
| with the US in rendition in secret detention. | 15:44 | |
| The European Parliament did the same thing. | 15:47 | |
| When those reports came out | 15:50 | |
| the European governments were so categorically insulted | 15:52 | |
| by the idea that they would have done such a thing. | 15:58 | |
| And they pushed back hard and poor Dick Marty. | 16:01 | |
| At that time, poor Dick Marty. | 16:05 | |
| His reputation was at stake. | 16:08 | |
| The European Parliament's reputation was at stake | 16:11 | |
| with their own report, which they released in 2007. | 16:13 | |
| So the media at that time | 16:16 | |
| I really felt very strongly that the media was of two minds. | 16:21 | |
| The first was they love a juicy story, | 16:28 | |
| and this is as juicy as it gets, | 16:31 | |
| US government, rendition, secrets, detention, | 16:32 | |
| torture, disappearance, you know, | 16:35 | |
| basically that happened in the 1970s and 80s | 16:38 | |
| in Central and South America, right? | 16:40 | |
| So they loved that aspect of it. | 16:43 | |
| And they played that up to a certain point, | 16:45 | |
| but they also were somewhat complicit | 16:47 | |
| in the government response saying, where's your evidence? | 16:52 | |
| Where's your hard evidence? | 16:56 | |
| Where's the smoking gun? | 16:58 | |
| Where's the body, where's the secret center? | 16:59 | |
| To Human Rights Watch's credit, in 2005, | 17:04 | |
| Human Rights Watch actually released | 17:06 | |
| the names of countries, Poland and Romania, | 17:08 | |
| where two of the centers have been held. | 17:11 | |
| And they had been situated. | 17:13 | |
| The Washington Post, in a shameful act of deference | 17:14 | |
| to the administration had decided | 17:20 | |
| not to publicize the names. | 17:22 | |
| They wrote a story | 17:25 | |
| that there were secret detention centers in Europe, | 17:26 | |
| but at the behest of the administration, | 17:29 | |
| decided not to publish the locations. | 17:31 | |
| So there were highs for the media, | 17:35 | |
| there were lows for the media, | 17:37 | |
| and it really, there still are highs and lows for the media. | 17:39 | |
| You know, sometimes the media is our friend in pursuit | 17:43 | |
| of justice for victims of human rights violations | 17:46 | |
| and sometimes they're complicit. | 17:49 | |
| I would have to say that there are some journalists | 17:51 | |
| who deserve credit for helping to expose this Jane Meyer | 17:54 | |
| from a New Yorker, Scott Shane | 17:58 | |
| I'm sure I'm forgetting others. | 18:03 | |
| There have been some really, Michelle Shepherd up in Canada, | 18:05 | |
| without a doubt, and some of the European press, | 18:08 | |
| but on the US side of things, even to this date, | 18:13 | |
| when we know so much about these operations, | 18:17 | |
| when the European Court of Human Rights, two weeks ago, | 18:20 | |
| issued two judgments, finding Poland complicit | 18:24 | |
| with the CIA in torture and enforced disappearance. | 18:27 | |
| We still have journalists in the United States | 18:31 | |
| who refuse to use the word torture | 18:33 | |
| when describing these practices, | 18:35 | |
| who refuse to talk about the issue | 18:37 | |
| of accountability in terms of criminal prosecution. | 18:39 | |
| So, you know, I'm of a mixed, | 18:42 | |
| I have very mixed feelings about the media on these issues. | 18:46 | |
| There are some real heroes, Carol Rosenberg, | 18:50 | |
| who writes in the Miami Herald, | 18:52 | |
| has done heroic work on Guantanamo. | 18:54 | |
| Interviewer | So during those early, | 18:58 |
| by the way what title did you have | 19:00 | |
| with Human Rights Watch after 9/11? | 19:02 | |
| - | I was senior legal counsel | 19:07 |
| in the terrorism and counter terrorism program. | 19:09 | |
| Interviewer | And when did you just, | 19:12 |
| when did you switch over to work for Amnesty? | 19:14 | |
| - | In 2009. | 19:17 |
| Interviewer | Okay, well, going back to the early years, | 19:18 |
| did you find this work very different | 19:24 | |
| from the work you had done in the previous | 19:26 | |
| 10 or 15 years when you worked in Ireland and in Bosnia? | 19:28 | |
| - | The work in Ireland was informative | 19:33 |
| in terms of the post 9/11 era. | 19:37 | |
| I mean, what we were doing in Ireland was looking at, | 19:41 | |
| you know, the IRA and loyalist paramilitaries, | 19:44 | |
| were labeled as terrorist groups. | 19:49 | |
| The techniques that the British government used | 19:51 | |
| against the Irish had been called torture or ill treatment. | 19:54 | |
| We had a whole national security overlay in terms | 19:59 | |
| of all the work that we did in Northern Ireland. | 20:02 | |
| So that work was instructive. | 20:04 | |
| And one of the questions I repeatedly ask | 20:06 | |
| in the various fora within which I speak | 20:09 | |
| or where I'm writing | 20:12 | |
| is why we don't draw more from the Northern Irish experience | 20:13 | |
| in terms of understanding the post 9/11 period. | 20:19 | |
| There's so many parallels between the two. | 20:23 | |
| I think that people think that the Irish experience | 20:26 | |
| is a small experience. | 20:28 | |
| It's a little thing, but you know, people who were labeled | 20:30 | |
| as terrorists in the north, you know, they trained in Libya | 20:34 | |
| they were hooked up | 20:38 | |
| with international terrorist organizations. | 20:39 | |
| It was an international phenomenon that played itself out | 20:43 | |
| at a micro cosmic level, | 20:46 | |
| but it has lessons that we really haven't learned from. | 20:48 | |
| Remind me of the question again? | 20:57 | |
| Interviewer | Your background in Ireland and Bosnia, | 21:00 |
| how that informed and how you understood | 21:02 | |
| what was happening post 9/11 | 21:05 | |
| and whether it was very different | 21:09 | |
| and you perceptions based on your background. | 21:12 | |
| - | Well I definitely think that the post 9/11 period | 21:15 |
| did cause a paradigm shift for us in a lot of ways. | 21:19 | |
| Everywhere we go now, we see the opportunity effect | 21:25 | |
| of invoking national security, | 21:29 | |
| right across the globe, you know | 21:33 | |
| where their people are assessed suspects, | 21:36 | |
| where there's militancy. | 21:40 | |
| We see the invocation of national security | 21:41 | |
| in order to deviate from the rule of law, | 21:44 | |
| in order to deviate from protecting people's human rights | 21:47 | |
| right across the globe. | 21:50 | |
| And I don't think | 21:52 | |
| that we had that kind of global phenomenon pre 9/11. | 21:53 | |
| We had it in certain places. | 22:00 | |
| We had it rear its ugly head every now and then, | 22:02 | |
| but now every place that I work in | 22:04 | |
| uses, in a very discretionary way, | 22:11 | |
| national security as an excuse to target people, | 22:14 | |
| minorities, to target and suppress free expression. | 22:20 | |
| And so I do think that what we really have post 9/11 | 22:27 | |
| is a whole new world | 22:32 | |
| in terms of the invocation of national security | 22:33 | |
| to justify oppressive practices. | 22:35 | |
| Interviewer | So early on, | 22:39 |
| did you know much about Guantanamo? | 22:43 | |
| Was that part of what you worked on | 22:45 | |
| and did you ever, what did you hear about Guantanamo? | 22:47 | |
| - | Well, we knew from the minute it was open, | 22:52 |
| I mean it was public when it was opened. | 22:54 | |
| Karen Greenberg has written this book called | 22:59 | |
| "The First hundred Days of Guantanamo" | 23:01 | |
| where she makes the argument that there were possibilities | 23:03 | |
| for a more just approach | 23:08 | |
| to those detainees. | 23:13 | |
| But it became clear very, very quickly that | 23:14 | |
| that was not going to be the case. | 23:18 | |
| That Guantanamo was really going to be a legal black hole. | 23:20 | |
| And no matter what the administration said about, you know, | 23:24 | |
| this safeguard or that safeguard or whatever, I mean | 23:27 | |
| Guantanamo's just been a stain right from the beginning. | 23:30 | |
| So yeah, we've been following Guantanamo | 23:34 | |
| since the very, very beginning. | 23:36 | |
| Since it first opened | 23:37 | |
| Interviewer | You personally, | 23:39 |
| were you following Guantanamo, | 23:39 | |
| or were you following more the rendition cases or both? | 23:40 | |
| - | I followed both. | 23:44 |
| You have to remember that many of the people | 23:47 | |
| who were victims of rendition ended up at Guantanamo. | 23:49 | |
| So there are links between | 23:52 | |
| these post 9/11 operations in Europe, | 23:55 | |
| in West Africa, in the Middle East and North Africa | 23:58 | |
| and people who are currently in Guantanamo Bay. | 24:03 | |
| Some of those people were held in secret detention | 24:06 | |
| in Europe, in Thailand and Morocco, | 24:08 | |
| it's been reported | 24:12 | |
| that some people were held in Uzbekistan, | 24:13 | |
| we've never been able to verify that. | 24:14 | |
| So I guess the way that I look at my work was | 24:17 | |
| as making these links, you know, | 24:21 | |
| between and among all of these different operations, | 24:24 | |
| but Guantanamo really became more real for me | 24:30 | |
| when I actually went down | 24:35 | |
| to observe the first military commission. | 24:37 | |
| And I wrote an article after that, | 24:40 | |
| that no matter what you read in the press, | 24:42 | |
| doesn't matter, Western, Eastern, Asian press, | 24:45 | |
| it doesn't matter. | 24:48 | |
| You really have to go to Guantanamo to really | 24:49 | |
| understand the physical geography, the psychic geography | 24:50 | |
| and the disorientation that comes from a system | 24:55 | |
| that is completely different | 24:59 | |
| from what you learn is the rule of law in law school. | 25:01 | |
| And so that is, it was in 2007, | 25:06 | |
| I think I went down for Salim Hamdan's trial. | 25:09 | |
| - | Could you tell us? | 25:12 |
| - | It might've been 2008. | |
| Interviewer | Could you tell us about that experience? | 25:13 |
| - | Well, I didn't wanna go. | 25:17 |
| I wasn't in the queue to go to Guantanamo, | 25:19 | |
| but I was fairly low enough on the totem pole | 25:23 | |
| that going to Guantanamo in July | 25:26 | |
| was gonna be my in my basket of things to do. | 25:29 | |
| And so I went down at a time | 25:32 | |
| when you could just catch a commercial flight, | 25:35 | |
| I flew to Florida and then I took Air Sunshine, | 25:37 | |
| or something like, that to Guantanamo, | 25:40 | |
| I had to have clearance, | 25:43 | |
| but now people who go to Guantanamo | 25:44 | |
| have to go on military transport planes through DC. | 25:46 | |
| And I was there at a time | 25:49 | |
| when things were much looser, so to speak. | 25:51 | |
| And so I flew down and was met at the airport | 25:55 | |
| by a charming bunch of young military guys | 25:59 | |
| and on a little boat. | 26:04 | |
| And they ferried me across the bay, | 26:05 | |
| over to my tent. | 26:08 | |
| I was the first class of people at Guantanamo Bay | 26:10 | |
| who were not privileged to stay | 26:13 | |
| in the combined bachelor's quarters. | 26:16 | |
| I got a notice about a week before I was to leave | 26:18 | |
| that we were going to be housed in tents, | 26:21 | |
| which if they thought was going to be disincentive | 26:23 | |
| for the NGO, they were very, very wrong. | 26:26 | |
| So anyway, I went down, I was one of four observers. | 26:31 | |
| I was the only woman observer | 26:34 | |
| from an NGO for this first military commissions trial. | 26:36 | |
| I was there for eight days | 26:39 | |
| with ACLU, Amnesty International, myself, | 26:40 | |
| and I can't remember the other organization, | 26:46 | |
| but in any event, we observed the trial for eight days. | 26:49 | |
| And I've written about my impressions | 26:53 | |
| of that first military commissions trial. | 26:55 | |
| You know, a trial where the judge | 26:58 | |
| acknowledges openly in court | 26:59 | |
| that this person was subject to coercion. | 27:01 | |
| And yet these very liberal rules for the admissibility | 27:04 | |
| of evidence permitted his coerced testimony | 27:08 | |
| to be entered into evidence. | 27:11 | |
| So a first year law student knows | 27:12 | |
| that this is not on, right? | 27:14 | |
| So there was very little confidence | 27:17 | |
| that this trial could actually produce justice. | 27:20 | |
| And the key thing for a lot of us was, | 27:24 | |
| people always say, "You defend terrorists. | 27:28 | |
| You want justice for terrorists." | 27:32 | |
| But the key thing is that | 27:35 | |
| if the US government is making the argument | 27:37 | |
| that they are actually prosecuting people who were linked | 27:39 | |
| in some way to 9/11 in these unsafe, unfair trials, | 27:42 | |
| then the 9/11 victims, they don't get justice either. | 27:46 | |
| So on either side of it, nobody got justice. | 27:51 | |
| Hamdan was a small fry. | 27:55 | |
| He was convicted in an unsafe conviction. | 27:57 | |
| He served a certain amount of time | 28:02 | |
| and then he was released. | 28:04 | |
| The judge gave him time served, | 28:06 | |
| he'd been in Guantanamo for five years | 28:07 | |
| and then they sent him back to Yemen, | 28:09 | |
| where I understand he's doing fairly well. | 28:11 | |
| Interviewer | So are you telling us | 28:15 |
| that you were surprised in your observations | 28:17 | |
| when you went to Guantanamo, | 28:20 | |
| you had different expectations | 28:21 | |
| than what you actually observed? | 28:22 | |
| - | No, I'm not saying I had different expectations | 28:25 |
| from what I observed. | 28:27 | |
| I'm saying that given the rules that we understood existed | 28:29 | |
| and governed the military commissions | 28:32 | |
| all of our worst fears were realized. | 28:34 | |
| No, I didn't have high expectations at all. | 28:38 | |
| You don't take people to an offshore prison, | 28:39 | |
| set up a separate court outside the federal system | 28:42 | |
| with rules of evidence that so clearly deviate | 28:45 | |
| from what you find in the federal system | 28:49 | |
| and have high expectations. | 28:52 | |
| No, we had low expectations | 28:54 | |
| and they were, they were realized | 28:56 | |
| Interviewer | Did you ever go back | 29:02 |
| to Guantanamo after that? | 29:03 | |
| - | I did not. | 29:04 |
| I have actively sought not to be | 29:05 | |
| traveling back and forth | 29:09 | |
| - | Why is that? | |
| - | To Guantanamo Bay. | 29:10 |
| I think that once for me was enough. | 29:12 | |
| And I also find that what Guantanamo Bay | 29:16 | |
| has done to people who routinely go, you know, | 29:19 | |
| there's people who basically | 29:22 | |
| cycle in and cycle out all the time, | 29:23 | |
| is it causes a hardening, a sarcasm, | 29:26 | |
| a real sense that there's no hope. | 29:32 | |
| And I don't think that you can really be | 29:36 | |
| as effective as you want to be | 29:39 | |
| in doing human rights work if you're that hardened. | 29:42 | |
| And so my decision was to try to do the work | 29:45 | |
| where I thought that I could do the most good | 29:49 | |
| and maintain a sense of hope. | 29:53 | |
| And I know how that sounds, | 29:55 | |
| but I would never hire anyone to do human rights work | 29:57 | |
| who didn't have a hope that they could have impact. | 30:00 | |
| Why would I hire someone who is hard and sarcastic, cynic, | 30:02 | |
| why would I do that? | 30:05 | |
| So why would I want to become that myself? | 30:06 | |
| And so switched up a little to the resettlement issue, | 30:10 | |
| which seemed much more positive to me, much more hopeful, | 30:16 | |
| and to actually helping to reveal more | 30:20 | |
| and more about the rendition in secret detention programs. | 30:23 | |
| Those seem to be the places where the energy, | 30:26 | |
| my psychic energy, felt better spent. | 30:29 | |
| Interviewer | So that takes us right to | 30:32 |
| could you tell us about some of the resettlement cases? | 30:35 | |
| Let's start with the one in Ireland. | 30:37 | |
| - | Yeah, well, I got an email in 2007. | 30:40 |
| I'd worked on a European court case years ago, | 30:45 | |
| where a bunch of Uzbeks were going to be sent | 30:50 | |
| from Turkey to Uzbekistan . | 30:54 | |
| And it was so clearly the wrong thing | 30:56 | |
| for the Turkish government to do. | 30:58 | |
| Uzbekistan is a place where torture is systematic, | 31:00 | |
| where people with a religious profile | 31:03 | |
| are routinely targeted. | 31:06 | |
| They're apprehended. | 31:08 | |
| They're tried on trumped up charges, | 31:10 | |
| they're tortured in detention. | 31:12 | |
| They have long prison sentences | 31:13 | |
| in the most horrible prison system. | 31:15 | |
| So I'd worked on that case. | 31:18 | |
| So Guantanamo Bay council, | 31:21 | |
| named Michael Mone, | 31:25 | |
| sent Human Rights Watch an email. | 31:26 | |
| I think it was in 2007, and the email got booted around. | 31:28 | |
| It was like, can you help me make the case | 31:32 | |
| that my Uzbek detainee in Guantanamo Bay | 31:35 | |
| should not be repatriated Uzbekistan. | 31:39 | |
| So eventually it came to me, | 31:42 | |
| based on this work I had done on this European court case. | 31:44 | |
| So I called Mike Mone, up and I said, | 31:48 | |
| "So what's the deal?" | 31:50 | |
| And he said, "I have this Uzbekistani guy | 31:52 | |
| and there's another Uzbek, and there's a rumor | 31:55 | |
| that they might be sent back to Uzbekistan." | 31:59 | |
| And I said, "Well, that can't be the case. | 32:02 | |
| The US doesn't send people to Uzbekistan. | 32:03 | |
| Ordinary asylum seekers who come | 32:06 | |
| to the United States from Uzbekistan, | 32:08 | |
| they don't get sent back. | 32:10 | |
| So this began what was a long-term partnership | 32:12 | |
| between me and Mike Mone | 32:16 | |
| to A, prove that they couldn't be sent back to Uzbekistan, | 32:19 | |
| and then B, which was the only logical next step, | 32:24 | |
| where could they be sent? | 32:28 | |
| Which meant you gotta find a place for them. | 32:29 | |
| So it was easy enough to say | 32:33 | |
| they shouldn't be sent back to Uzbekistan, | 32:35 | |
| in 2003, the UN special rapporteur in torture | 32:37 | |
| had definitively, written a report | 32:40 | |
| that torture in Uzbekistan was systematic. | 32:45 | |
| So that wasn't the real problem. | 32:47 | |
| The real problem is who the hell | 32:49 | |
| is going to take two Uzbek Guantanamo Bay detainees? | 32:52 | |
| Who's going to do that? | 32:57 | |
| So, we started to search around. | 32:58 | |
| So I was asking anybody that I could find | 33:03 | |
| who was good on Uzbekistan? | 33:06 | |
| Who's good on humanitarian issues? | 33:07 | |
| Who would actually take the leap of faith? | 33:09 | |
| And we went through a whole range of countries | 33:13 | |
| and I was in Brussels in, I think late 2007 | 33:15 | |
| early 2008, in my office in Brussels. | 33:19 | |
| And I went to the director there, | 33:21 | |
| Lotte Leicht, who's still there. | 33:23 | |
| And I said, "Lotte, we have these two Uzbeks in Guantanamo | 33:25 | |
| and we need to get them out. | 33:29 | |
| What country would take them?" | 33:31 | |
| So we sat for, I don't know how long. | 33:33 | |
| And then she said, "You know, | 33:35 | |
| the Irish have been really good on Uzbekistan." | 33:36 | |
| They've spoken out, | 33:39 | |
| there'd been a massacre in Uzbekistan and Andijan in 2005, | 33:41 | |
| the EU had imposed sanctions, | 33:45 | |
| then they became very lax with the sanctions. | 33:48 | |
| And in 2007, we were in despair that the EU | 33:51 | |
| was not keeping up with the pressure on Uzbekistan, | 33:53 | |
| but Ireland had maintained its position and been good. | 33:56 | |
| So we said, Ireland, that seems so bizarre. | 33:59 | |
| It's just seems really bizarre. | 34:02 | |
| And of course I knew Ireland well | 34:05 | |
| from the years that I had worked there, | 34:06 | |
| so started to feel people out. | 34:09 | |
| And as it turns out, | 34:13 | |
| one of the Uzbeks there had learned English. | 34:15 | |
| He was a sheep herder in Uzbekistan. | 34:19 | |
| So we started to make these fairly bizarre, | 34:21 | |
| and sometimes, dare I say, comical arguments | 34:24 | |
| about why Ireland would be really, really good. | 34:29 | |
| And then we started to reach out to the Irish government, | 34:31 | |
| to MPs, to various people. | 34:34 | |
| And that was a brick wall. | 34:35 | |
| It was just a brick wall. | 34:38 | |
| So Mone and I are on the phone the one day. | 34:40 | |
| And he's despairing because his client is getting depressed. | 34:44 | |
| He's got children he wants to see, | 34:47 | |
| he's clearly not of interest | 34:50 | |
| to the United States government. | 34:51 | |
| They can't send him home. | 34:53 | |
| They won't let them in the mainland | 34:54 | |
| of the US what are we going to do? | 34:55 | |
| So I said, you know, I said, let's go to Ireland. | 34:57 | |
| Just get on a plane. | 35:02 | |
| You get on a plane, I'll get on a plane, | 35:03 | |
| and we'll go, and we'll bring the documents | 35:05 | |
| showing why this would be a good fit. | 35:08 | |
| We'll talk to as many people as we can. | 35:12 | |
| We'll we'll see what we can do. | 35:14 | |
| And so we did, I mean we got, | 35:16 | |
| to Human Rights Watch's credit. | 35:17 | |
| I said, "I really want to go to Ireland to see | 35:18 | |
| if we can get this guy from Guantanamo to Ireland." | 35:21 | |
| And they said, "Sure, go ahead." | 35:23 | |
| And Mone had good means | 35:25 | |
| and good connections in the Irish American community. | 35:27 | |
| And so we went over and that began a year | 35:30 | |
| of direct advocacy, but I'll never forget the guy we met | 35:33 | |
| in the Americas division | 35:37 | |
| of the foreign affairs department in Ireland. | 35:38 | |
| And he looked at us | 35:42 | |
| like we had come from Mars, he just looked at us, | 35:44 | |
| and he said in, the most gentle way, | 35:48 | |
| "Why would you ever think that Ireland | 35:52 | |
| would take two Uzbekistani Guantanamo Bay detainees? | 35:56 | |
| And it was a really good question. | 36:02 | |
| It wasn't a bad question, right? | 36:03 | |
| But then we just started to talk to everybody, everybody. | 36:06 | |
| Now that first trip was very interesting because the Irish, | 36:10 | |
| anybody in Ireland we talked to said | 36:13 | |
| the US has never even asked us. | 36:15 | |
| Here you guys come, | 36:17 | |
| but of course, this is a bilateral political issue. | 36:19 | |
| And you're asking us to take them, | 36:23 | |
| but the US has never asked us. | 36:25 | |
| We get out of, I can't remember what meeting it was. | 36:28 | |
| Maybe it was interior. | 36:30 | |
| And I got on the phone, I got on the phone. | 36:32 | |
| And I said to various people who I knew at the time | 36:36 | |
| the Irish think that you've never even asked. | 36:40 | |
| Interviewer | To various people in the US government? | 36:43 |
| - | In the US government | 36:44 |
| and said "The Irish think that you've never even asked." | 36:46 | |
| "No we've asked everyone, they're mistaken." | 36:50 | |
| And I said, "Well, if you've asked everyone, | 36:53 | |
| you've asked them so secretly | 36:55 | |
| that even the people who could help you | 36:59 | |
| now don't know that. | 37:00 | |
| And maybe you should actually ask again." | 37:02 | |
| So it was this combination of events, | 37:06 | |
| us being on the ground, | 37:08 | |
| the Irish actually being seized of the question, | 37:10 | |
| the US being seized with the idea | 37:13 | |
| that the Irish might be open | 37:15 | |
| that led over the course of a year, | 37:16 | |
| to eventually the Irish saying yes, | 37:20 | |
| but there are many people responsible for that. | 37:25 | |
| I mean, the Irish section of Amnesty International | 37:27 | |
| was absolutely critical in helping to affect this, | 37:30 | |
| especially in terms of the integration issue. | 37:33 | |
| You know, how do you take someone who was, you know | 37:36 | |
| kidnapped by mercenaries, handed over the US government, | 37:39 | |
| sent to Guantanamo Bay, | 37:42 | |
| whose family came from Uzbekistan too | 37:43 | |
| and is currently in Iran? | 37:45 | |
| How do you bring all those pieces together | 37:47 | |
| to a coherent whole where a family can live peacefully | 37:50 | |
| and safely in Ireland? | 37:53 | |
| And the Irish section of Amnesty International | 37:55 | |
| was absolutely brilliant in helping to make that happen. | 37:57 | |
| There were advocates in other organizations | 38:03 | |
| who helped to make it happen, | 38:05 | |
| but I'd say the key person who made it happen was Mike Mone. | 38:07 | |
| Interviewer | So, when you called up American officials, | 38:11 |
| can you tell us who you called up? | 38:14 | |
| - | I can't tell you who I called up. | 38:15 |
| I can tell you that we were able, | 38:17 | |
| by a stroke of luck, I mean, | 38:21 | |
| it's not often that you just call a cell phone number | 38:23 | |
| and you get somebody. | 38:26 | |
| That's why I think there was a little bit | 38:27 | |
| of serendipity involved in this whole case. | 38:28 | |
| We haven't seen anything like this since, | 38:31 | |
| where the lawyer actually says, | 38:35 | |
| I think this is the best place for my client. | 38:38 | |
| And I'm going to really make this happen. | 38:39 | |
| There's various reasons | 38:42 | |
| why it can't happen that way anymore, | 38:44 | |
| but it was just by a stroke of luck | 38:46 | |
| that the right person picked up the phone | 38:48 | |
| and was able then to take that information to others | 38:51 | |
| and started a chain where there was an open communication | 38:56 | |
| between the US government and the Irish government. | 38:59 | |
| And I will say one other thing. | 39:06 | |
| 9/11 was very damaging for the NGO community, | 39:10 | |
| for the human rights community, | 39:14 | |
| vis-a-vis its relations with the US government. | 39:16 | |
| There was so much that was happening | 39:19 | |
| that was detrimental to the whole human rights project | 39:22 | |
| that was coming from Washington. | 39:28 | |
| And I do think to some extent, as the years went by | 39:31 | |
| that people realized that, people in DC realize that. | 39:34 | |
| And I also think that this gesture | 39:36 | |
| of actually taking the information that we gave them | 39:41 | |
| and running with it was part of an attempt to repair things, | 39:43 | |
| I mean, we were credible, we were engaged, | 39:49 | |
| and, I really want to think that | 39:53 | |
| they didn't want to sideline us | 39:57 | |
| to the extent that we had been sidelined | 39:59 | |
| in the first six years after 9/11 happened. | 40:01 | |
| Interviewer | Was this still the Bush administration | 40:05 |
| when you said not sidelined? | 40:07 | |
| - | It still was, because it was 2007, was it 2007? | 40:09 |
| Or Obama had just been elected. | 40:14 | |
| But I want to say that it was still while, | 40:17 | |
| I did not speak with him | 40:20 | |
| and have never spoken with Clint Williamson, | 40:22 | |
| who was the ambassador at large for war crimes at the time, | 40:24 | |
| but it was during the time that he was in post | 40:27 | |
| looking for places for people that we were | 40:31 | |
| able to communicate this information to the government. | 40:34 | |
| Interviewer | And did you get any sense | 40:37 |
| from the European countries | 40:39 | |
| as to why they would accept these detainees, | 40:41 | |
| if the US wouldn't accept them themselves, | 40:45 | |
| wouldn't allow them to be settled in the US? | 40:47 | |
| - | Every country had a different reason, right? | 40:51 |
| So some countries, | 40:54 | |
| even though the Guantanamo Bay detainees | 40:57 | |
| were not nationals of their country, | 40:59 | |
| they had some kind of a link. | 41:01 | |
| They had lived in the country, | 41:03 | |
| they had family in the country, | 41:04 | |
| they spoke the language. | 41:07 | |
| So I think for France | 41:09 | |
| that was an issue when they took a detainee. | 41:11 | |
| For others, it was very political, very, very political. | 41:15 | |
| When we were doing the advocacy in Ireland, | 41:19 | |
| a key point, advocacy point for us, | 41:22 | |
| was the fact that Ireland had not cooperated | 41:25 | |
| with the US government in the war in Iraq. | 41:27 | |
| And they had abstained. | 41:31 | |
| And the idea was, how do you now make a gesture | 41:33 | |
| to the US government | 41:36 | |
| that could renew the relationship in a meaningful way? | 41:40 | |
| And of course at that point, we were, you know, | 41:46 | |
| we didn't know who was going to be elected, | 41:48 | |
| whether it was going to be Obama or McCain, | 41:50 | |
| but both of them had called for the closure of Guantanamo. | 41:53 | |
| So you could wield that, so to speak, | 41:56 | |
| in your advocacy and say, | 41:59 | |
| look, you've been somewhat divorced from the US government | 42:01 | |
| because of how fraught your relationships | 42:04 | |
| have been with them over Iraq all these years. | 42:06 | |
| Maybe this is a way to extend your hand, make a gesture | 42:08 | |
| to the new administration, no matter who it is. | 42:13 | |
| Although at that, you know, at some point | 42:15 | |
| we really did feel that Obama was in lead | 42:17 | |
| and start things off on the right foot. | 42:21 | |
| We don't, we will never know | 42:24 | |
| whether this was an appealing argument | 42:26 | |
| to the Irish government | 42:29 | |
| because the minute we ended our meetings with them, | 42:30 | |
| we didn't know much else. | 42:34 | |
| We never knew about the meetings that the Irish government | 42:36 | |
| had among themselves or with the US administration. | 42:40 | |
| All we knew was that at some point there was confirmation | 42:43 | |
| that Michael Mone's client, Oybek Jabbarov | 42:47 | |
| and his compatriot Sharuk were going to Ireland. | 42:52 | |
| And we didn't even know when. | 42:57 | |
| And then Mone called me one day. | 42:59 | |
| And he said, "I can now confirm that they've landed." | 43:01 | |
| Which was stunning, I mean, I knew what's going to happen, | 43:06 | |
| I just didn't know when. | 43:08 | |
| And so it was just a really, you know, | 43:09 | |
| it was a really interesting, gratifying, | 43:13 | |
| positive thing that was Guantanamo related, | 43:16 | |
| but that, as opposed to hardening you, you know, | 43:20 | |
| really gave you some idea | 43:24 | |
| that you could really have some kind of an impact. | 43:25 | |
| Interviewer | Well, did that inspire you as to think, | 43:28 |
| well, if it worked with one country, | 43:30 | |
| maybe it would work with other countries? | 43:31 | |
| - | It did, it did inspire us in that way. | 43:33 |
| And there were a series of resettlements | 43:36 | |
| and the Amnesty sections and the lawyers | 43:38 | |
| help to affect a lot of them. | 43:41 | |
| There weren't, as many as we had hoped, | 43:45 | |
| there are still people in Guantanamo Bay | 43:48 | |
| who should have been resettled in the mid 2000s, | 43:50 | |
| who remain in Guantanamo Bay. | 43:53 | |
| So yes, it gave people hope | 43:58 | |
| that there could be further resettlement | 44:01 | |
| and there was to an extent, | 44:03 | |
| but not to the extent that we had hoped. | 44:04 | |
| And that's where we're at right now. | 44:07 | |
| Interviewer | Are you saying that both | 44:11 |
| Human Rights Watch and Amnesty, | 44:13 | |
| and this is important for history, | 44:15 | |
| was somewhat instrumental in getting | 44:17 | |
| some of these resettlements to be effective, to happen? | 44:19 | |
| - | I would say among many other actors, yes. | 44:23 |
| That the NGOs, the international NGOs did have an impact | 44:27 | |
| and did help to facilitate, | 44:30 | |
| without a doubt, I would say that. | 44:32 | |
| I wouldn't say that the NGOs were the key actor | 44:35 | |
| but the big NGOs are advocacy machines, | 44:42 | |
| there's a lot of resources behind them. | 44:46 | |
| They can keep an issue alive. | 44:48 | |
| They can keep a government seized of things | 44:50 | |
| in ways that one habeas council in Guantanamo Bay cannot. | 44:53 | |
| So I think it was a perfect, the perfect storm, | 44:57 | |
| council who wanted their guys out, | 45:01 | |
| Amnesty and Human Rights Watch were the advocacy machines | 45:03 | |
| to kind of go after the governments | 45:06 | |
| and court friendly MPs and keep the issue alive. | 45:08 | |
| And the European press was very good on this issue. | 45:13 | |
| Very, very good on this issue. | 45:17 | |
| Interviewer | Couldn't Human Rights Watch and Amnesty | 45:19 |
| go to the US government | 45:21 | |
| or the officials they had contact with | 45:22 | |
| and encourage them to make agreements | 45:24 | |
| with other nations who didn't, | 45:28 | |
| and did they have that kind of impact? | 45:31 | |
| - | I think they did. | 45:33 |
| I mean, that's certainly what happened with Ireland. | 45:34 | |
| Interviewer | I know, but beyond Ireland. | 45:36 |
| - | I think that what ended up happening | 45:38 |
| was that when we could see a good fit | 45:42 | |
| between a detainee who was either cleared for release | 45:46 | |
| or who wasn't formally cleared for release | 45:50 | |
| but we knew it was not of interest to the US government. | 45:52 | |
| We could talk to both governments, | 45:55 | |
| the government, you know, government in France, | 45:59 | |
| in the Czech Republic, in Germany, | 46:01 | |
| wherever it was and say, maybe this is a good link. | 46:04 | |
| Amnesty International's formal policy | 46:08 | |
| is not to name a particular detainee. | 46:10 | |
| But to say, if you have the capacity and are willing | 46:13 | |
| you should take someone from Guantanamo. | 46:17 | |
| Now, this was very much enhanced by a European Parliament, | 46:20 | |
| by a decision in the EU to work together | 46:26 | |
| to help resolve the Guantanamo Bay crisis | 46:30 | |
| by encouraging EU member states to take detainees. | 46:33 | |
| And we were very active in helping to get | 46:37 | |
| that language in a text and formalized | 46:39 | |
| so that there was a European approach to resettlement. | 46:45 | |
| And again, it worked to some effect, | 46:50 | |
| but like I said, there are still people at Guantanamo Bay | 46:53 | |
| who shouldn't been resettled and haven't been. | 46:56 | |
| Interviewer | Because? | 46:59 |
| - | Because. | 47:03 |
| Nobody wants them really, you know, nobody wants them. | 47:09 | |
| The reports out of Guantanamo | 47:15 | |
| aren't necessarily good at the moment, | 47:16 | |
| in terms of their, their mental capacity, | 47:18 | |
| their health condition, there's the whole narrative | 47:21 | |
| about former Guantanamo Bay detainees | 47:25 | |
| going back into the fray. | 47:29 | |
| So the idea is that the US government | 47:31 | |
| requests that any resettlement host country | 47:33 | |
| has to do certain things to ensure that that won't happen. | 47:38 | |
| I mean, it's very, very complex | 47:41 | |
| the reasons why people don't want these detainees. | 47:43 | |
| And I don't think that the US government helps | 47:48 | |
| by not having taken any detainees itself. | 47:53 | |
| I mean, you can see the deep, deep hypocrisy | 47:58 | |
| in this situation that the US government goes | 48:01 | |
| to all these other governments and says | 48:04 | |
| take what we have damaged. | 48:06 | |
| Take these damaged people and we'll give you money. | 48:10 | |
| We'll give you this kind of support. | 48:15 | |
| But in addition to taking them, integrating them, | 48:17 | |
| bringing their families, giving them social | 48:20 | |
| and psychological care for their wellbeing | 48:22 | |
| you need to surveil them so that they don't run off | 48:25 | |
| to Syria, or they don't run off to Iraq | 48:28 | |
| or they don't go here or there, or go to Yemen, | 48:33 | |
| or do whatever it is that is going to | 48:35 | |
| put them back in the fray. | 48:38 | |
| I mean, who would want that? | 48:39 | |
| Interviewer | Well then, | 48:43 |
| I usually save this question for later, | 48:44 | |
| but I'm going to ask it now, then, | 48:45 | |
| is Guantanamo ever gonna close? | 48:49 | |
| - | I am certain that at some point in the future | 48:54 |
| the detention facility at Guantanamo Bay will close. | 48:59 | |
| Sure, I don't think that there will be any appetite | 49:03 | |
| for putting more people in Guantanamo Bay, | 49:08 | |
| although we do have certain partisan politicians | 49:10 | |
| who call every time another person, suspected terrorist, | 49:16 | |
| is apprehended or whatever for them to be in, | 49:19 | |
| you know, sent to Guantanamo Bay. | 49:23 | |
| I don't think that that will happen. | 49:24 | |
| I do fear, have very big fears | 49:27 | |
| that there will be people who will die in Guantanamo. | 49:30 | |
| That the way Guantanamo will close is when the last detainee | 49:32 | |
| from the 9/11 batch dies. | 49:37 | |
| And so that could be years and years and years. | 49:40 | |
| The US has given itself permission to indefinitely | 49:44 | |
| detain people in this unending, infinite war on terror. | 49:46 | |
| So they've drummed up a legal rationale | 49:52 | |
| for holding these people until the end of hostilities. | 49:56 | |
| And when you think about, | 50:00 | |
| if you look at the world right now, | 50:01 | |
| and the proliferation of terrorism, | 50:04 | |
| terrorist groups across the globe, either real or perceived, | 50:07 | |
| then you can see that the war on terror,, | 50:13 | |
| which is a fiction under international law | 50:16 | |
| and humanitarian law could go on forever. | 50:18 | |
| Interviewer | And I wanna go back | 50:23 |
| and you're also saying that | 50:24 | |
| because these men have been damaged, | 50:25 | |
| they become less and less appealing | 50:29 | |
| for any country to invest the time and resources in them, | 50:31 | |
| which will make it that much more difficult | 50:36 | |
| to ever resettle them? | 50:38 | |
| - | Absolutely, I mean, why do you think, | 50:39 |
| I mean, it makes perfect sense | 50:41 | |
| for the host countries to send delegations | 50:42 | |
| to interview these guys. | 50:45 | |
| Of course, they're considering six people. | 50:46 | |
| They're gonna take two. | 50:50 | |
| They want to go and they want to see what is the right fit, | 50:51 | |
| who is most mentally intact, physically intact. | 50:55 | |
| So as not to draw on the resources of the host government, | 50:58 | |
| of course there are deals between the US | 51:02 | |
| and these governments as well. | 51:03 | |
| But as the years go by, getting a completely intact person | 51:06 | |
| who can just kind of magically integrate | 51:13 | |
| into a very sophisticated Western European | 51:16 | |
| or Central American society, | 51:19 | |
| it becomes a harder and harder thing to imagine. | 51:22 | |
| Interviewer | Could you stay upbeat in spite of all that? | 51:28 |
| - | Well, the game isn't over until it's over. | 51:30 |
| I mean, we have six people | 51:33 | |
| who potentially could go to Uruguay, | 51:34 | |
| you know, as the years pass, | 51:37 | |
| it could be that people will perceive | 51:41 | |
| some of the detainees as harmless, | 51:43 | |
| specifically because of the abuse that they've suffered, | 51:47 | |
| and the way that they now have been pacified or neutralized. | 51:50 | |
| I don't know. | 51:55 | |
| I feel very uncomfortable even using language like that, | 51:55 | |
| but I'm not ready to throw the towel in on resettlement | 51:58 | |
| because there is a significant enough number | 52:01 | |
| of people who have, who need to leave there | 52:05 | |
| and need to be resettled | 52:09 | |
| and should have been resettled long ago. | 52:10 | |
| And that not withstanding my absolute opposition | 52:13 | |
| to anyone being in Guantanamo. | 52:15 | |
| And the policy, our policies, | 52:18 | |
| that the military commission system should be dismantled. | 52:21 | |
| The detention facilities should be closed. | 52:25 | |
| Anybody who should be tried | 52:27 | |
| should be moved onto the mainland | 52:28 | |
| and tried in a federal court, | 52:30 | |
| but the group that has been cleared for release | 52:35 | |
| and has been clear for so many years, clearly, clearly | 52:37 | |
| clearly they should be resettled immediately. | 52:40 | |
| Interviewer | Do you think the US government is giving, | 52:44 |
| can you tell us again your title with Amnesty? | 52:48 | |
| 'Cause you're now working with Amnesty. | 52:51 | |
| - | I'm Amnesty International's expert | 52:52 |
| on counter terrorism and human rights. | 52:54 | |
| Interviewer | So with that position, | 52:56 |
| do you think the US government | 52:58 | |
| actually cares enough to try to resettle these people? | 52:59 | |
| Do you think they're actively making it try to work even? | 53:04 | |
| - | Well, I think the Uruguay situation is an example, | 53:10 |
| a current enough example of the way that these, | 53:13 | |
| the project of resettlement is continuing, | 53:17 | |
| of course Mujica himself is quite unique. | 53:21 | |
| You know, he has said, we will take these people | 53:25 | |
| because they have been victims of human rights violations. | 53:28 | |
| That is not the narrative in Europe. | 53:33 | |
| So he's quite unique. | 53:37 | |
| We'll really have to see, | 53:38 | |
| we'll really have to see as things go on, | 53:42 | |
| but I think that there are more possibilities | 53:44 | |
| for resettlement. | 53:47 | |
| Interviewer | And you were involved in the resettlement | 53:52 |
| of a few other people as Syrian and Uighurs. | 53:56 | |
| Do you want to tell us a little bit about those? | 54:01 | |
| Are they different narrative in the one | 54:03 | |
| - | The Uighur case is one of the most interesting cases, | 54:07 |
| I think, you know, one of the first batches | 54:09 | |
| of people to be resettled where the Uighurs, | 54:13 | |
| they were sent to Albania, | 54:16 | |
| there were five of them who were sent to Albania. | 54:17 | |
| And when nobody knew this was going to happen, | 54:19 | |
| I mean the lawyer knew the night before, | 54:21 | |
| all of a sudden they're not in Guantanamo, | 54:23 | |
| they're in Albania. | 54:25 | |
| Now, really, it doesn't take much to understand | 54:26 | |
| that we Uighurs and Albania are not a great mix. | 54:31 | |
| Albania is one of the poorest. | 54:33 | |
| It is probably the poorest country in Europe. | 54:34 | |
| It is nominally Muslim, you know, | 54:38 | |
| but not in a way | 54:42 | |
| that Muslim Uighurs from, you know, | 54:45 | |
| a separatist province in China, | 54:49 | |
| would easily be able to adapt to, | 54:51 | |
| or you wouldn't think they would be. | 54:54 | |
| And so when the Uighurs went to Albania, the idea was, | 54:56 | |
| you know, how can we help the Albanian government | 54:59 | |
| effectively integrate them? | 55:02 | |
| What would they need to do? | 55:03 | |
| And so there was a lot of back and forth, you know, | 55:06 | |
| with the Albanians and the US, | 55:08 | |
| we would say to the US, the guys need this, | 55:10 | |
| you need to talk to the Albanians about this, | 55:13 | |
| but then it became clear that some of the Albanians | 55:16 | |
| or some of the Uighurs who were in Albania | 55:19 | |
| had links with other countries. | 55:21 | |
| And Adil, | 55:24 | |
| the one who you interviewed in Sweden was one of them. | 55:26 | |
| So he was in Albania. | 55:30 | |
| I knew his lawyer very well, | 55:31 | |
| Steven Willic, | 55:35 | |
| and we started to think about ways that we could get him | 55:36 | |
| to his sister in Sweden, | 55:41 | |
| understanding that he was not supposed | 55:42 | |
| to ever leave Albania. | 55:45 | |
| So we hooked up with a brilliant Swedish lawyer | 55:48 | |
| named Sten De Geer who was an asylum and immigration lawyer | 55:51 | |
| and full disclosure, old and dear friend of mine. | 55:56 | |
| And we started to kind of say, | 55:59 | |
| how could, what could we do to get him to his sister? | 56:01 | |
| So Stan emailed me one day and he said | 56:06 | |
| why don't we invite him to human rights days, | 56:09 | |
| which is every other year, the Swedish government funds, | 56:12 | |
| and everybody goes to these days of seminars | 56:16 | |
| and musical performances all about human rights, | 56:20 | |
| typically Scandinavian, right? | 56:23 | |
| And he said, well, why don't we invite him to speak | 56:25 | |
| as a former Guantanamo Bay detainee? | 56:28 | |
| And I said, they'll never let him come. | 56:31 | |
| Interviewer | Who's they? | 56:34 |
| - | The Swedish government will never let him come. | 56:35 |
| So Sten De Geer, following to the letter of the law, | 56:40 | |
| issuing an invitation letter to Adil, | 56:46 | |
| talking to the Swedish government | 56:51 | |
| about him coming, et cetera. | 56:52 | |
| Actually gets the guy invited. | 56:53 | |
| And so he gets the invitation. | 56:58 | |
| So Say-bin gets on a plane and I get on a plane | 57:00 | |
| and we all go to Stockholm | 57:02 | |
| and we're waiting for him to come, | 57:04 | |
| because the minute he comes, Sten will be at the airport. | 57:08 | |
| And he's an asylum lawyer. | 57:12 | |
| And Adil ask for asylum, | 57:14 | |
| the minute he steps foot on Swedish soil. | 57:16 | |
| Interviewer | But he hasn't got | 57:18 |
| an Albanian passport, right? | 57:19 | |
| - | He doesn't, he doesn't, he has traveled documents though. | 57:21 |
| And he had permission to leave. | 57:25 | |
| So we're at the airport waiting for him to come. | 57:29 | |
| And of course, there's the Uighur community | 57:32 | |
| with their banner. | 57:33 | |
| Everyone's waiting and waiting. | 57:35 | |
| And the flight comes in and people start to come off | 57:37 | |
| and come off and he's not there, and he's not there, | 57:40 | |
| and he's not there. | 57:42 | |
| So we start calling around, where is he, | 57:44 | |
| where is he, where is he? | 57:47 | |
| Well, he was stopped in Vienna. | 57:48 | |
| I think it was Vienna. | 57:50 | |
| And we're like, well, when is he coming? | 57:52 | |
| When can he come, can he come? | 57:53 | |
| So we're at the airport trying to figure all this out. | 57:55 | |
| And the media is there. | 57:57 | |
| And it's a little bit of a circus | 57:59 | |
| because this expectation had not been met. | 58:00 | |
| And I have to tell you, I was absolutely heartbroken. | 58:03 | |
| I was heartbroken. | 58:07 | |
| I had no hope that he was going to get to Sweden. | 58:09 | |
| I really didn't. | 58:12 | |
| Then Sten gets information or Say-bin gets information | 58:15 | |
| that they are gonna actually put them on the next plan, | 58:17 | |
| but the next plane doesn't come in for hours. | 58:19 | |
| So we leave the airport and we go, and I don't know, | 58:22 | |
| we went and had dinner and did all this stuff. | 58:24 | |
| And then they say, yes, he's coming in, | 58:27 | |
| but we can't confirm that he's on the plane. | 58:30 | |
| So I looked at Sten and I said, I'm not going. | 58:34 | |
| I can't go. | 58:37 | |
| You know, so... | 58:40 | |
| So I didn't go, | 59:05 | |
| because I was really afraid that he wouldn't come. | 59:06 | |
| But then Sten called me and he said, he's here, he's here. | 59:09 | |
| And he said, oh, everyone's hugging and kissing. | 59:11 | |
| And everyone's happy. | 59:13 | |
| So it was a really lovely thing because he got there | 59:14 | |
| and he saw his sister | 59:18 | |
| and then he filed for asylum. | 59:20 | |
| And, you know, he was denied. | 59:24 | |
| And then he was granted. | 59:25 | |
| And so there's this very happy ending for him in one way | 59:26 | |
| because he was reunited | 59:30 | |
| with his family and he's living in Sweden | 59:31 | |
| which is really a better place to be than Albania. | 59:34 | |
| But there's an downside to all of this. | 59:38 | |
| And that is that his first wife | 59:42 | |
| and child who were in still in China, | 59:44 | |
| they couldn't come and be reunited with him. | 59:50 | |
| The Chinese government wouldn't permit that. | 59:52 | |
| And so his life was effectively wrecked. | 59:54 | |
| And then he was able then to rebuilt it in Sweden, | 59:58 | |
| which was a lovely thing. | 1:00:01 | |
| But there is damage in the wake of all of this | 1:00:03 | |
| a lot of damage. | 1:00:07 | |
| Do you mind if I get a Kleenex. | 1:00:09 | |
| Interviewer | No, let's take a break. | 1:00:11 |
| - | Thank you. | 1:00:12 |
| Interviewer | Okay, rolling. | 1:00:15 |
| So I just wanted to ask you, | 1:00:16 | |
| you said the detainees in Albania have travel documents. | 1:00:19 | |
| So why couldn't the other four travel to other countries? | 1:00:22 | |
| Because if Albania is such a poor country, | 1:00:27 | |
| not really good for them. | 1:00:29 | |
| - | What I meant when I said that he had traveled documents | 1:00:32 |
| is that he had gotten an official invitation | 1:00:34 | |
| from the Swedish government, | 1:00:36 | |
| and then gotten permission to travel. | 1:00:38 | |
| So the stars were in alignment | 1:00:41 | |
| with respect to him specifically. | 1:00:44 | |
| And like I said, we never really thought | 1:00:46 | |
| that any of this would end up happening | 1:00:50 | |
| and, you know, it did to great effect. | 1:00:53 | |
| Interviewer | And you also helped, | 1:00:58 |
| you said, a Syrian detainee. | 1:00:59 | |
| Do you have a story that goes with that? | 1:01:01 | |
| - | This is something that, I mean, | 1:01:03 |
| there are Syrians remaining at Guantanamo Bay, | 1:01:04 | |
| that's kind of an ongoing issue. | 1:01:06 | |
| There was a letter that was written recently | 1:01:09 | |
| by a number of habeas council | 1:01:13 | |
| that encourage the US government | 1:01:18 | |
| to follow through with Uruguayan resettlements. | 1:01:20 | |
| That's a public letter | 1:01:23 | |
| and I've been helping, it's Mike Mulligan, | 1:01:24 | |
| my old partner in crime. | 1:01:27 | |
| His client is a Syrian Guantanamo Bay detainee. | 1:01:30 | |
| And we tried to be honest, | 1:01:35 | |
| we tried to do exactly the same thing with him | 1:01:38 | |
| that we did on the Irish front | 1:01:41 | |
| and to no great effect unfortunately, | 1:01:44 | |
| the appetite for that kind of, you know, | 1:01:48 | |
| let's get on a plane, is that time has passed. | 1:01:50 | |
| And so I think from council's point of view | 1:01:56 | |
| it really is now up to the US government | 1:02:01 | |
| to effect the transfers of the people that they can. | 1:02:04 | |
| And so he's in the he's in the Uruguayan bunch, | 1:02:06 | |
| but we looked into several other countries, | 1:02:09 | |
| Denmark, New Zealand, Germany, you know, | 1:02:12 | |
| there were numerous places that we thought | 1:02:17 | |
| might be a good fit for this particular person, | 1:02:20 | |
| Belgium, and nobody was biting. | 1:02:24 | |
| Interviewer | Why has the time passed? | 1:02:30 |
| - | I think that the idea of making a gesture | 1:02:39 |
| to the United States government is no longer | 1:02:42 | |
| a good advocacy tack. | 1:02:45 | |
| I think there's been a lot of disappointment | 1:02:47 | |
| in Obama over the fact that Guantanamo was not yet closed. | 1:02:50 | |
| And that while he might say, you know, | 1:02:55 | |
| Congress is obstructing my ability to do this or that, | 1:02:57 | |
| that he is not prioritized and effectively advocated himself | 1:03:00 | |
| with the right people to get Guantanamo Bay closed. | 1:03:05 | |
| There was so much hope when Obama came into office | 1:03:09 | |
| that he would be able to close Guantanamo. | 1:03:14 | |
| And in the meantime, what has the administration done? | 1:03:16 | |
| They've expanded the drone program. | 1:03:21 | |
| They've been deeply involved in the NSA scandal. | 1:03:24 | |
| They have vilified, Snowden | 1:03:28 | |
| and other whistleblowers who have sought to reveal the truth | 1:03:31 | |
| about government surveillance | 1:03:37 | |
| and other operations that are allegedly | 1:03:40 | |
| in the name of the American people's safety. | 1:03:42 | |
| So I think there is a little, | 1:03:45 | |
| the shine is off the idea that you want to help, | 1:03:47 | |
| this particular administration may not be so strong anymore. | 1:03:52 | |
| That impulse. | 1:03:57 | |
| There's fatigue in general with all of it. | 1:03:59 | |
| There's just fatigue in general with all of it. | 1:04:02 | |
| And in the meantime the United States government | 1:04:05 | |
| has carved out a niche for itself | 1:04:07 | |
| to indefinitely detain people, | 1:04:09 | |
| which is such a clear violation | 1:04:11 | |
| of international human rights law that, | 1:04:13 | |
| you know, the USs friends on these issues | 1:04:20 | |
| are getting tired, I think. | 1:04:25 | |
| Interviewer | Do you think that also is possibly why | 1:04:31 |
| the men who should have gone to Uruguay still haven't gone, | 1:04:35 | |
| or that maybe they're fatigued too, | 1:04:39 | |
| they've changed their mind? | 1:04:42 | |
| - | No. I mean, I don't have any intelligence. | 1:04:44 |
| I have an opinion about this and my opinion is | 1:04:46 | |
| that it's very difficult for a government to take | 1:04:50 | |
| in six detainees in the middle of an election season. | 1:04:53 | |
| And there is an election season. | 1:04:57 | |
| There's a whole campaigning season going on in Uruguay. | 1:04:59 | |
| Uruguay is a very poor country. | 1:05:02 | |
| There are forces that have absolutely nothing to do | 1:05:05 | |
| with those particular guys | 1:05:08 | |
| and their profiles that are putting pressure | 1:05:11 | |
| on the project to resettle them there. | 1:05:16 | |
| That's my current take on it. | 1:05:19 | |
| I don't know whether that's true or not. | 1:05:22 | |
| I don't know whether they've become | 1:05:24 | |
| gun shy about taking them. | 1:05:26 | |
| My feeling is, is that we've seen this happen before. | 1:05:28 | |
| We've had government officials say to us | 1:05:31 | |
| wait until the elections are over. | 1:05:34 | |
| This is not a popular issue. | 1:05:37 | |
| It's not the right time. | 1:05:38 | |
| And that is my feeling | 1:05:41 | |
| about what's going on in Uruguay at the moment. | 1:05:43 | |
| Interviewer | And when elections were over | 1:05:46 |
| in other situations did the governments | 1:05:48 | |
| then take the, in? | 1:05:49 | |
| - | Yeah. | 1:05:50 |
| - | They did? | |
| - | We've seen delays. | 1:05:51 |
| Nobody's gotten sent overnight to a country. | 1:05:53 | |
| You know, even in Ireland took well | 1:05:57 | |
| over a year for all the pieces to be in place. | 1:05:59 | |
| And I do think | 1:06:03 | |
| that public opinion about Guantanamo is up and down. | 1:06:04 | |
| People want to see it closed, | 1:06:09 | |
| but people still by and large, | 1:06:11 | |
| believe that the people who are there | 1:06:13 | |
| are there for a reason. | 1:06:15 | |
| So governments need to take their publics | 1:06:16 | |
| into consideration, poor governments | 1:06:20 | |
| or governments where their are economic issues | 1:06:22 | |
| at play don't want to be seen | 1:06:26 | |
| as accepting more asylum seekers | 1:06:28 | |
| what they would call, you know, people who will come in | 1:06:31 | |
| and drain resources that should otherwise | 1:06:34 | |
| in the public mind be used on nationals of that country. | 1:06:37 | |
| As the hope of Obama has faded over these years, | 1:06:42 | |
| the love of the United States has faded, | 1:06:46 | |
| the idea that you'll cooperate | 1:06:50 | |
| with the US government in the midst of, you know, | 1:06:52 | |
| drone assassinations and NSA surveillance, | 1:06:55 | |
| and no closure of Guantanamo Bay. | 1:06:59 | |
| I mean, you can see how any politician | 1:07:03 | |
| in any country is going to say | 1:07:06 | |
| how am I going to make this work? | 1:07:07 | |
| How am I really going to make this work? | 1:07:10 | |
| And the time has to be right. | 1:07:11 | |
| The time really has to be right. | 1:07:15 | |
| Interviewer | So do you still try to go to countries to, | 1:07:18 |
| like somebody comes to South America | 1:07:22 | |
| and asks them if they would take someone | 1:07:25 | |
| or do you feel that is now hitting a brick wall | 1:07:26 | |
| in that what you did in Ireland | 1:07:29 | |
| is just not replicated these days | 1:07:32 | |
| - | To the extent that lawyers come to us anymore | 1:07:35 |
| and ask us for help, because Amnesty | 1:07:37 | |
| is such a global movement and we have offices | 1:07:41 | |
| in so many places, we absolutely will put them in touch | 1:07:44 | |
| with the section in that country. | 1:07:47 | |
| Our section offices know the political landscape | 1:07:50 | |
| very, very well, often have, | 1:07:53 | |
| are able to easily communicate with government actors | 1:07:56 | |
| to see what the temperature of the room is | 1:08:00 | |
| with respect to this issue. | 1:08:02 | |
| So we'll link them up. | 1:08:04 | |
| But the days of this kind of, | 1:08:05 | |
| where there was more openness about it, | 1:08:09 | |
| I think they are over unfortunately. | 1:08:13 | |
| And I think the rest of these resettlements | 1:08:16 | |
| will be brokered at a very high political level. | 1:08:19 | |
| The lawyers will know, to a greater extent, | 1:08:22 | |
| what's going on, but I don't see a huge role for us anymore. | 1:08:25 | |
| Except on, as I said, at field level, | 1:08:31 | |
| on ground level with our sections, helping with integration, | 1:08:36 | |
| communication and things like that. | 1:08:39 | |
| I mean, really, to some extent, it's a formula now, right? | 1:08:41 | |
| It's a formula. | 1:08:45 | |
| The US government will send somebody out. | 1:08:47 | |
| It's not even an ambassador anymore. | 1:08:50 | |
| It's a special representative | 1:08:52 | |
| to see if there's any appetite | 1:08:55 | |
| by any government to take somebody in. | 1:08:57 | |
| And now after all these years, there's a formula. | 1:09:00 | |
| There needs to be an integration plan. | 1:09:02 | |
| There needs to be a family reunification plan. | 1:09:03 | |
| There needs to be a security protocol. | 1:09:06 | |
| It's all, it's a little boiler plate | 1:09:09 | |
| at this point to some extent. | 1:09:11 | |
| And so there's not as much of a need | 1:09:13 | |
| for us to be in there, fighting that fight anymore. | 1:09:16 | |
| I mean, we have a whole document that says | 1:09:22 | |
| here is how you integrate a former Guantanamo detainee, | 1:09:24 | |
| which didn't exist at all | 1:09:27 | |
| when we were first setting out and doing this. | 1:09:29 | |
| Interviewer | Just going back to 2008, | 1:09:33 |
| when Obama was elected, | 1:09:35 | |
| were you one of the people who had hope? | 1:09:36 | |
| - | Oh, fact, yeah, of course, absolutely. | 1:09:40 |
| Within a stroke of a pen executive orders | 1:09:45 | |
| ordering the closure of Guantanamo Bay, | 1:09:49 | |
| tempering, but not ending the whole issue of rendition, | 1:09:55 | |
| I'm talking about, the United States is not torture | 1:10:02 | |
| from this point on the United States is not torture. | 1:10:07 | |
| Whether that has been born out | 1:10:09 | |
| in the last eight years is another matter. | 1:10:11 | |
| But on January 21st, 2009, | 1:10:15 | |
| it felt like it was a whole new world. | 1:10:18 | |
| I think that was incredibly naive. | 1:10:23 | |
| If there was any naivety, it was there, | 1:10:26 | |
| there were so many considerations. | 1:10:29 | |
| So many things to think about with Obama as president | 1:10:34 | |
| you know, the first African-American president, | 1:10:37 | |
| switched from a Republican administration | 1:10:41 | |
| to a democratic administration, | 1:10:44 | |
| eight years of woeful | 1:10:48 | |
| severe egregious human rights violations | 1:10:50 | |
| for which there needed to be accountability, | 1:10:54 | |
| how to broker that with the parties. | 1:10:56 | |
| I mean, there was a lot to consider. | 1:10:58 | |
| So on the one hand I'm deeply forever disappointed. | 1:11:00 | |
| On the other hand, I'm also, I also really understand | 1:11:05 | |
| that there were pressures brought to bear. | 1:11:08 | |
| On the other hand, I do think Obama have done | 1:11:11 | |
| so much more to bring the Guantanamo issue to a close. | 1:11:16 | |
| I think he could have, absolutely. | 1:11:19 | |
| And we may still see this before his administration is over, | 1:11:21 | |
| release the Senate select committee on intelligence report | 1:11:25 | |
| on the rendition and secret detention | 1:11:28 | |
| operations overseas, post 9/11. | 1:11:31 | |
| That is now stuck because, you know | 1:11:33 | |
| Diane Feinstein has sent it back because she's unhappy | 1:11:36 | |
| with redactions, which is exactly what we want to see | 1:11:38 | |
| but we were a little uncomfortable with more delay. | 1:11:40 | |
| A key disappointment with Obama is an implicit understanding | 1:11:45 | |
| that there will be no prosecutions. | 1:11:51 | |
| You know, it doesn't matter what that report says. | 1:11:55 | |
| We were very disappointed | 1:11:58 | |
| that there be no criminal liability for what were crimes | 1:11:59 | |
| under both domestic and international law | 1:12:04 | |
| by agents and officials in the United States government. | 1:12:06 | |
| So we'll see. | 1:12:11 | |
| I mean, if he can pull a couple of rabbits | 1:12:12 | |
| out of the hat before the end of his administration | 1:12:14 | |
| he can shore up his reputation a little, | 1:12:16 | |
| but to date, from the national security side of things, | 1:12:19 | |
| I'm deeply disappointed. | 1:12:26 | |
| Interviewer | Do you think there were too many pressures | 1:12:29 |
| from other interests that stopped them? | 1:12:30 | |
| - | I think it's a function of both his style, | 1:12:34 |
| his having to navigate a terrain. | 1:12:37 | |
| When's the last time there has been a political terrain | 1:12:42 | |
| where accountability is an issue, that has been as fraught? | 1:12:45 | |
| So you have to, you do have to be pragmatic in a way | 1:12:49 | |
| about what he walked into, but I also feel that | 1:12:54 | |
| as savvy as they were in getting elected, | 1:13:01 | |
| they weren't not nearly as savvy | 1:13:04 | |
| as brokering the types of relationships | 1:13:06 | |
| with the Republicans and with the CIA, | 1:13:08 | |
| or just taking a stand as the executive | 1:13:11 | |
| to reveal the truth about those eight years of operations, | 1:13:15 | |
| I think there was, it was a pity | 1:13:20 | |
| and a great lost opportunity. | 1:13:22 | |
| And there are victims of these practices. | 1:13:24 | |
| People who've been tortured. | 1:13:28 | |
| People who've been disappeared. | 1:13:30 | |
| People who've been subject to unfair trials, | 1:13:33 | |
| separated from their families. | 1:13:37 | |
| I mean, there's a lot of damage | 1:13:39 | |
| in the wake of these operations | 1:13:41 | |
| and Obama has not succeeded yet | 1:13:43 | |
| in revealing the truth about them, | 1:13:46 | |
| holding people accountable for them, | 1:13:49 | |
| or providing victims with redress. | 1:13:51 | |
| And that's the package we need. | 1:13:54 | |
| Interviewer | Is Hillary Clinton | 1:13:57 |
| the person who can provide that package? | 1:14:00 | |
| - | Everything that I've said about Obama, | 1:14:03 |
| we have expressed publicly as Amnesty | 1:14:05 | |
| in all of our public documents. | 1:14:09 | |
| So I have no compunction about repeating, you know, | 1:14:11 | |
| our disappointment with him, | 1:14:14 | |
| with the lack of accountability, et cetera. | 1:14:16 | |
| I can't speculate about Hillary Clinton. | 1:14:18 | |
| Interviewer | Did you have interactions with her | 1:14:23 |
| when she was secretary of state? | 1:14:26 | |
| - | I did not, not directly with her. | 1:14:27 |
| Of course there were staff underneath her, | 1:14:30 | |
| always liaising with, | 1:14:32 | |
| with various levels of the state department. | 1:14:33 | |
| And there were people within the state department | 1:14:36 | |
| who were desperately trying to correct. | 1:14:38 | |
| There were people who came from the NGO community | 1:14:41 | |
| or from universities, | 1:14:43 | |
| who Obama brought into his administration, | 1:14:45 | |
| I think as a show of goodwill. | 1:14:47 | |
| And as a affirmation that he believed in the rule of law | 1:14:49 | |
| and that his administration would not torture them. | 1:14:54 | |
| But they swam against the tide. | 1:14:58 | |
| It was really, you know, they did not have the impact | 1:15:02 | |
| that we had hoped that they would have had. | 1:15:06 | |
| And that was under her, under her administration in state. | 1:15:07 | |
| Interviewer | Is there something I didn't ask you | 1:15:16 |
| that you thought of before you came, | 1:15:18 | |
| with, like, you're thinking now | 1:15:20 | |
| that maybe like to share with us, | 1:15:21 | |
| going forward or looking back? | 1:15:25 | |
| - | I think one final point that most Americans don't realize, | 1:15:27 |
| and I realized that your archive, | 1:15:33 | |
| your documentary will go beyond the US, | 1:15:35 | |
| but it's important for an American audience | 1:15:38 | |
| is the fact that while there's been very little, | 1:15:40 | |
| if any accountability in the US, | 1:15:42 | |
| there's been some in Europe. | 1:15:44 | |
| I mentioned the Swedish cases, the Italian prosecutions, | 1:15:46 | |
| in Poland, the European Court case | 1:15:51 | |
| that found Poland complicit with the CIA | 1:15:53 | |
| in disappearing and torturing two men | 1:15:56 | |
| who are now in Guantanamo Bay. | 1:15:59 | |
| But there are other places where there is accountability | 1:16:01 | |
| at hand, so to speak, | 1:16:05 | |
| you know, there was a secret detention center in Lithuania. | 1:16:07 | |
| There is an active criminal investigation there | 1:16:11 | |
| into the case of a man by the name of Mustapha AL-Hawsawi. | 1:16:14 | |
| He is currently at Guantanamo Bay. | 1:16:18 | |
| There's also a European court case against Lithuania. | 1:16:21 | |
| There was a secret detention center where suspects were held | 1:16:24 | |
| and interrogated and tortured | 1:16:28 | |
| by the CIA in Romania, in Bucharest. | 1:16:30 | |
| There is a case at the European Court of Human Rights | 1:16:34 | |
| in Romania at the moment. | 1:16:37 | |
| the United Kingdom government, | 1:16:40 | |
| which was the United States' closest ally | 1:16:41 | |
| in these post 9/11 operations. | 1:16:45 | |
| There's a lot of pressure in the UK | 1:16:48 | |
| for an inquiry into UK complicity in this, | 1:16:51 | |
| not least the use of Diego Garcia | 1:16:53 | |
| as a launching pad for rendition operations | 1:16:56 | |
| and possibly the holding of people off shore. | 1:17:00 | |
| So I think what's a missing element of the Guantanamo story, | 1:17:03 | |
| because so many of the people who were subjected | 1:17:09 | |
| to these operations are currently in Guantanamo, | 1:17:12 | |
| are the other places in the world | 1:17:14 | |
| where there are efforts toward accountability | 1:17:17 | |
| where people clearly see the need | 1:17:22 | |
| to hold people accountable, | 1:17:25 | |
| to have redress for victims, et cetera. | 1:17:27 | |
| And that is happening in Europe. | 1:17:31 | |
| And the European Parliament has issued resolutions | 1:17:33 | |
| in September, 2012, September, 2013, | 1:17:37 | |
| calling on all the EU member states | 1:17:40 | |
| to engage in these processes to reveal the truth | 1:17:42 | |
| about their own complicity. | 1:17:44 | |
| So I can't help but feel | 1:17:46 | |
| that while it feels very dire on the US side, | 1:17:49 | |
| I'm happy enough to say that in other parts of the world | 1:17:54 | |
| there is a real desire to have the truth revealed | 1:17:57 | |
| about these operations. | 1:18:00 | |
| And hopefully over the course of the years | 1:18:02 | |
| we'll get the full picture | 1:18:05 | |
| about what happened in spite of US stonewalling. | 1:18:07 | |
| Interviewer | You've been instrumental | 1:18:12 |
| in these European movements, | 1:18:13 | |
| my understanding is, did you initiate it? | 1:18:16 | |
| Did Amnesty initiate it or did human rights initiate? | 1:18:19 | |
| Can you give us a little background on that? | 1:18:22 | |
| - | Actually, Amnesty's research, | 1:18:24 |
| I told you began in December, 2001 | 1:18:27 | |
| and it continues to date. | 1:18:31 | |
| And so in all of the cases in Europe | 1:18:33 | |
| I'm happy enough to say that both Amnesty's research | 1:18:36 | |
| and Human Rights Watch's research | 1:18:39 | |
| on rendition, secret detention has been used to bring cases | 1:18:41 | |
| in domestic jurisdictions overseas | 1:18:45 | |
| and to bring cases in Europe, at Strasbourg, | 1:18:48 | |
| at the European Court of Human Rights, | 1:18:51 | |
| for all of the rendition cases | 1:18:52 | |
| at the European Court of Human Rights, | 1:18:54 | |
| we have written amicus briefs. | 1:18:56 | |
| What people would commonly understand is amicus briefs, | 1:18:58 | |
| they're called third-party interventions | 1:19:02 | |
| where we have submitted additional information, | 1:19:04 | |
| legal analysis, research to bolster the cases of the people | 1:19:06 | |
| who are bringing their cases in these fora. | 1:19:10 | |
| And so I'm happy to say | 1:19:12 | |
| that we have our fingers a little bit in, | 1:19:14 | |
| in all of it in Europe, but we are not the prime movers. | 1:19:17 | |
| The prime movers are the lawyers for the men | 1:19:22 | |
| who actually bring the cases on their behalf. | 1:19:25 | |
| So the Polish cases, for example, were brought | 1:19:28 | |
| by the Open Society Justice Initiative | 1:19:30 | |
| and by a London-based organization called Inter Rights, | 1:19:33 | |
| with whom we work very, very closely. | 1:19:36 | |
| And then we submitted an amicus brief in those cases. | 1:19:38 | |
| So we own a little piece of it, | 1:19:42 | |
| but there's a lot of people agitating for accountability. | 1:19:43 | |
| I mean, there are people looking for any forum they can | 1:19:47 | |
| to reveal the truth about these practices. | 1:19:52 | |
| And that will continue, I think that will continue. | 1:19:55 | |
| Interviewer | Have any of the nations | 1:19:58 |
| publicly apologized for their participation? | 1:20:00 | |
| - | Yes, Sweden issued an apology to Giza and Al-Zari, | 1:20:03 |
| the Canadian government, | 1:20:10 | |
| in a separate case that we haven't discussed, | 1:20:11 | |
| the case of Maher Arar. | 1:20:14 | |
| He was a Syrian-Canadian binational | 1:20:15 | |
| who was coming home from vacation, | 1:20:21 | |
| landed at JFK and wanted to go onto his home in Canada. | 1:20:23 | |
| And he was apprehended, | 1:20:27 | |
| accused of being a suspected terrorist. | 1:20:30 | |
| He was held in Brooklyn for, | 1:20:34 | |
| I think, five days, maybe a week. | 1:20:35 | |
| And then he was subjected | 1:20:37 | |
| to something called an expedited removal. | 1:20:39 | |
| And he was sent via Jordan to Syria, | 1:20:44 | |
| where he was tortured for a year, | 1:20:46 | |
| with Canadian officials visiting him frequently | 1:20:49 | |
| when he was in Syria, | 1:20:52 | |
| he was eventually brought back to Canada | 1:20:54 | |
| where he had a full public inquiry. | 1:20:56 | |
| I was a expert on a panel | 1:20:59 | |
| for that inquiry, | 1:21:03 | |
| talking about the issue of the torture convention | 1:21:04 | |
| and what the United States government | 1:21:07 | |
| was obliged to do with him, | 1:21:10 | |
| what the Canadian government was obliged to do. | 1:21:12 | |
| So again, a tiny little piece of it, | 1:21:14 | |
| at the end of the day, the inquiry found | 1:21:16 | |
| that Canada was complicit with the United States government | 1:21:18 | |
| in effecting his transfer to torture. | 1:21:21 | |
| They apologized to him and they gave him | 1:21:23 | |
| 10 million Canadian dollars in compensation. | 1:21:26 | |
| And then there was a very big campaign, | 1:21:30 | |
| an Amnesty International campaign | 1:21:32 | |
| to get the United States government | 1:21:34 | |
| to apologize to Maher Arar. | 1:21:36 | |
| So you can see in a lot of these cases, | 1:21:38 | |
| it's not just going for the jugular, | 1:21:41 | |
| and saying we want you to prosecute every last person | 1:21:43 | |
| who had a finger in this rendition. | 1:21:47 | |
| What Maher Arar wanted was an apology. | 1:21:50 | |
| That's all he wanted and he's never gotten it. | 1:21:55 | |
| At one point, he was video linked to a Senate hearing, | 1:21:58 | |
| I believe, it was some sort of congressional, | 1:22:03 | |
| either Senate or House, where individual senators | 1:22:06 | |
| or congressmen apologized to him via the video link | 1:22:12 | |
| and said we're very sorry for what happened to you, | 1:22:16 | |
| but he's not permitted into the United States, | 1:22:19 | |
| even though he's been completely exonerated, | 1:22:21 | |
| he's not been admitted into the United States | 1:22:23 | |
| and the US government refuses to apologize to him to date. | 1:22:26 | |
| Interviewer | I'm guessing you're probably more positive | 1:22:35 |
| about European countries and possibly other countries | 1:22:40 | |
| in the world looking into their own matters | 1:22:43 | |
| than the US, do you see this going forward | 1:22:47 | |
| in the next decade, we're going to have more | 1:22:49 | |
| and more countries looking at it from their own behavior? | 1:22:52 | |
| - | You know, it depends. | 1:22:56 |
| I mean, in some ways it's very, very good | 1:22:57 | |
| that the Polish judgments came out when they did, | 1:22:59 | |
| because with what's happening in Ukraine, | 1:23:02 | |
| between Ukraine and Russia, the Poles feel very vulnerable, | 1:23:06 | |
| and they've put their marbles with the US, right? | 1:23:10 | |
| So, as I said before, the geopolitics | 1:23:14 | |
| often fuel what any government is willing to do | 1:23:18 | |
| on any of these issues. | 1:23:22 | |
| So Poland has had a criminal investigation | 1:23:24 | |
| into these renditions and secret detentions | 1:23:26 | |
| that started in 2008. | 1:23:28 | |
| So it was six years old. | 1:23:31 | |
| And they've delayed, and delayed, and delayed, | 1:23:33 | |
| and delayed, and delayed thinking, | 1:23:36 | |
| we want to do the right thing. | 1:23:38 | |
| I believe that there is a certain element | 1:23:39 | |
| within the Polish government | 1:23:42 | |
| that wants to do the right thing, | 1:23:44 | |
| but it is constantly beholden | 1:23:46 | |
| to the United States government for its security. | 1:23:48 | |
| It feels like it is, and what the events in Ukraine | 1:23:53 | |
| and with Crimea and with Russia | 1:23:57 | |
| just brings all of that up again. | 1:24:00 | |
| You know, in whose orb do we wanna be? | 1:24:02 | |
| Poland clearly has said we wanna be in the US orb. | 1:24:06 | |
| Does it in the midst of all of that | 1:24:08 | |
| then have a criminal investigation that honestly | 1:24:12 | |
| and truthfully reveals that the CIA | 1:24:15 | |
| set up a secret detention center | 1:24:17 | |
| and tortured people in it during the Bush years? | 1:24:19 | |
| You know, how do you, | 1:24:22 | |
| I hate when people say it's complicated, | 1:24:26 | |
| but it's really complicated. | 1:24:28 | |
| And the politics completely override, | 1:24:29 | |
| I'm sorry to say, any desire to safeguard human rights. | 1:24:33 | |
| And I think it's always been that way. | 1:24:39 | |
| You know, I guess we're not naive, | 1:24:42 | |
| but in the current environment, | 1:24:44 | |
| it is really difficult to see how a government would ever, | 1:24:47 | |
| you know, do the right thing, take the principled stand. | 1:24:51 | |
| And I think if any government has tried to do it | 1:24:54 | |
| I'm going to toss Poland a bone here | 1:24:59 | |
| and say that the Polish government has tried. | 1:25:01 | |
| I still think they should do it. | 1:25:05 | |
| I think they're obliged under the law | 1:25:06 | |
| to have the criminal investigation. | 1:25:07 | |
| They know a lot, | 1:25:09 | |
| they know people were held on their territory, | 1:25:10 | |
| but I also see the political landscape | 1:25:14 | |
| and we'll just have to wait and see | 1:25:19 | |
| whether Poland can withstand the pressure. | 1:25:22 | |
| Interviewer | Well, I guess | 1:25:28 |
| I'll ask you one more time, is there, | 1:25:30 | |
| you've pretty much brought it up to date, | 1:25:32 | |
| but is there something else that maybe | 1:25:35 | |
| you're thinking you want to share otherwise? | 1:25:37 | |
| - | No, I don't think so. | 1:25:40 |
| Thank you very much for the opportunity. | 1:25:41 | |
| Interviewer | It was really eloquent, | 1:25:42 |
| it was a really wonderful presentation. | 1:25:44 | |
| I need to wait 20 seconds. | 1:25:46 | |
| Johnny has to do 20 seconds of room tone. | 1:25:48 | |
| - | We don't say anything? | 1:25:55 |
| - | No. | 1:25:56 |
| - | Okay. | |
| Johnny | Begin room tone. | 1:25:58 |
| Okay. | 1:26:13 |
Item Info
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