Brief of Amicus Curiae Center for Victims of Torture in Support of Petitioners’ Habeas Corpus Motion
Center for Victims of Torture
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Summary

Amicus argues that torture and indefinite detention at Guantánamo inflict profound physical and psychological trauma, and that meaningful rehabilitation for torture survivors is impossible while they remain confined there.

2018 | Federal Juristiction

Brief of Amicus Curiae Center for Victims of Torture in Support of Petitioners’ Habeas Corpus Motion

Keywords Guantánamo; detention; torture survivors; indefinite detention; national security; medical consequences

Introduction

Guantánamo’s detention operation has now entered its seventeenth year. Forty-one Muslim men still languish there, five of whom have long been cleared for transfer by the Executive Branch’s national security apparatus. Many of the men, including participants in the joint motion now before the Court, are torture survivors. They are confined to a place where torture was practiced (for some, on them) but where effective treatment is not, and can never be, available. All of the men face serious medical consequences—independent of the effects of any past torture and cumulative of those effects for survivors—associated with the agonizing uncertainty of indefinite detention.

Put more simply, the status quo at Guantánamo is human suffering. The United States should not be in the business of prolonged noncriminal detention to that end, and as such the court should grant the Petitioners’ motion.

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Summary

The detention operation at Guantánamo has persisted for seventeen years, with forty-one Muslim men remaining in custody. Five of these individuals have been approved for transfer by the Executive Branch's national security apparatus. Many detainees, including those involved in the current joint motion, are survivors of torture. They are held in a facility where torture was practiced, and where adequate treatment is not and cannot be provided. All detainees experience severe medical issues stemming from the prolonged uncertainty of indefinite detention, which are compounded for torture survivors.

The current situation at Guantánamo constitutes human suffering. The United States should not engage in extended noncriminal detention that results in such suffering. Therefore, the Court should grant the Petitioners' motion.

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Summary

The detention facility at Guantánamo has been operating for 17 years. Forty-one Muslim men remain detained, with five of them having been approved for transfer by national security officials. Many of the detainees, including those involved in the current court motion, have experienced torture. They are held in a location where torture occurred, sometimes inflicted upon them, but where adequate treatment is not and cannot be provided. All detainees experience significant health issues due to the ongoing uncertainty of indefinite detention, which are separate from but add to the effects of past torture for survivors.

The current situation at Guantánamo involves ongoing human suffering. The United States should not engage in extended detention without criminal charges for this purpose, and therefore, the court should approve the Petitioners' request.

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Introduction

The detention center at Guantánamo Bay has been operating for 17 years. There are still 41 Muslim men held there. Five of these men were approved for transfer by the Executive Branch's national security team a long time ago. Many of the men, including those involved in the current court motion, have experienced torture. They are held in a place where torture occurred, sometimes to them. However, they cannot receive proper treatment there. All of the men have serious health problems. These issues are separate from any past torture, but they add to the problems for torture survivors. These health problems are linked to the difficult uncertainty of being held indefinitely.

Simply put, the current situation at Guantánamo involves human suffering. The United States should not continue to hold people indefinitely without criminal charges for this purpose. Therefore, the court should approve the request made by the petitioners.

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Introduction

People have been held at Guantánamo for 17 years. There are still 41 Muslim men kept there. Five of these men were approved to leave a long time ago by the government's security team.

Many of the men, including those asking the Court for help now, have been tortured. They are kept in a place where torture happened, but they cannot get good help for their pain there. All of these men have serious health problems. These problems are made worse by not knowing if or when they will ever leave.

Simply put, the situation at Guantánamo causes people great pain. The United States should not keep people locked up for a long time without charging them with a crime, just to cause suffering. Therefore, the Court should agree to the request made by these men.

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Footnotes and Citation

Cite

Brief of Amicus Curiae Center for Victims of Torture in Support of Petitioners’ Habeas Corpus Motion, Al Bihani v. Trump, No. 1:09-cv-00745-RCL (D.D.C. Jan. 24, 2018)

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