100 | Towards the Closure of Guantanamo
242. Information contraband is not the only restriction on the communications between
detainees and their defense teams. Logistics constitute another important
restriction. Military defense lawyers are reportedly not allowed to talk to their
clients over the telephone; being therefore required to travel to Guantanamo Bay in
person in order to speak to them. This in turn is very time consuming; flights to the
naval base are typically weekly, either Monday to Friday or Tuesday to Thursday.
Therefore, consulting with the client about any matter normally takes military
defense counsel from two to five days of work. The right to speak with their clients
over the telephone is being litigated by military defense counsel. This restriction
reportedly does not extend to habeas attorneys. 287
243. According to information provided by defense counsel, in 2012 there were two
incidents that have undermined confidence in the military commissions. 288 On
January 28, 2012, during a pretrial hearing, the sound system in the courtroom was
suddenly cut. The judge later revealed that a government official from an agency
that was not disclosed was following the proceedings from outside the courtroom,
and intervened to prevent the release of information. The presiding judge was
supposedly the sole authority with the ability to censor the proceedings. After
determining that the information was not classified, the judge released a transcript
of the censored remarks and ordered the agency to disconnect the equipment.
Further, around the same time, during a meeting with a detainee, military defense
counsel found that a smoke detector in a meeting room in the complex known as
Echo 2 was hiding a microphone. The officer in charge of prison security reportedly
assured the defense counsel that private meetings between prisoners and their
lawyers or representatives of the ICRC were not monitored and that the hidden
microphone was disabled. 289 Further, in February 2013, Guantanamo guards
reportedly seized confidential legal documents from certain prisoners’ cells while
they were at the courtroom attending a pre-trial hearing. 290
244. In response to the mass hunger strike that took place in 2013, the military
reinstituted an invasive search protocol for detainees before and after they met
with counsel, which was considered by the detainees to be a form of religious
discrimination and humiliation. 291 On July 11, 2013, a federal district judge ruled
that restrictions on Guantanamo detainees’ access to counsel violated the detainees’
right to habeas proceedings in federal court. The decision struck down the search
287
288
289
290
291
IAHCR, Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
For more information on these and other incidents, see Seton Hall University School of Law, Center for Policy
& Research, Spying on Attorneys at Gtmo: Guantanamo Bay Military Commissions and the Destruction of the
Attorney-Client
Relationship.
Available
at:
http://law.shu.edu/ProgramsCenters/PublicIntGovServ/policyresearch/upload/Spying_on_Attorneys_at_GTM
O.pdf
AP, Hidden mike revealed at Guantanamo meeting room, February 12, 2013. Available at:
http://bigstory.ap.org/article/secrecy-fears-prompt-sound-changes-guantanamo
Reuters, Guards seized Guantanamo defendants’ legal documents, February 14, 2013. Available at:
http://www.reuters.com/article/2013/02/14/us-usa-guantanamo-idUSBRE91D1LP20130214
IAHCR, Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
Organization of American States | OAS
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