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Guantamo Bay inmate psychotic after CIA torutre, now unfit for trial

  • By Al Mayadeen English
  • Source: The New York Times
  • 22 Sep 2023 10:13
  • 1 Shares
4 Min Read

The US military tribunal at Guantanamo Bay said the detainee's mental state makes him incapable of comprehending the nature of the legal proceedings against him or cooperating effectively.

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  • Guantamo Bay inmate psychotic after CIA torutre, now unfit for trial
    A detainee at Guantanamo Bay is walked across the facility by US military personnel in 2002. (AFP)

A Yemeni Guantanmo Bay detainee who suffered torture at the hands of the CIA has been declared unfit to stand trial in a potential death penalty case, according to The New York Times.

Colonel Matthew McCall, serving as the military judge in the US military tribunal at Guantanamo Bay, ruled that the psychological condition of Ramzi bin al-Shibh, 51, prevents him from actively participating in his own defense, as detailed by the NYT.

Medical assessments conducted by doctors at the notorious prison have diagnosed bin al-Shibh with post-traumatic stress disorder, secondary psychotic features, and a delusional disorder.

Read more: Lithuania pays Guantanamo ‘forever prisoner’ Abu Zubaydah over CIA torture

Military psychiatrists have concurred, stating that his mental state renders him  "unable to understand the nature of the proceedings against him or cooperate intelligently" with his legal representation, the report added.

The detainee had faced accusations of assisting in organizing the Al Qaeda cell in Hamburg, Germany, which hijacked one of the passenger jets involved in the September 11, 2001, attacks on the World Trade Center in New York.

Over the years, bin al-Shibh has consistently complained of enduring torment from what he describes as "invisible forces" causing his bed and jail cell to vibrate and subjecting him to physical discomfort, leading to severe sleep deprivation.

Read more: "I was screaming and he was smiling": DeSantis ran Guantanamo torture

His defense attorney has argued that his mental deterioration resulted from CIA torture, encompassing what the agency called "enhanced interrogation techniques," including sleep deprivation, waterboarding, and physical abuse.

While his trial proceedings have been halted, pretrial proceedings for Khalid Sheikh Mohammed, believed to be the mastermind behind the 9/11 attacks, and three other defendants are set to continue as scheduled.

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Guantanamo torture

The military prison in Cuba, created after the September 2001 attacks to house detainees in the US so-called "war on terror," is still operating despite international and local calls to close it for its inhumane treatment of prisoners.

Washington justified its torture of inmates by claiming that its campaign was targeted at finding "terrorists" responsible for 9/11 to prevent future attacks on US soil.

Civil society groups have stated that many of Washington's actions, including rendition and "enhanced interrogation techniques," are unlawful under international law. Furthermore, a group of UN experts has repeatedly urged the United States to finally close the site of "unrelenting human rights violations."

Read more: Amnesty International calls on Biden to close Guantanamo camp

In June, UN human rights watchdogs said after a visit to the prison that US treatment of the final 30 Guantanamo inmates is "cruel, inhuman, and degrading" with nearly constant surveillance, grueling isolation, and limited family access.

UN Special Rapporteur on Counterterrorism and Human Rights Fionnuala Ni Aolain stated that the mistreatment of inmates at the Guantanamo Bay amounted to violations of detainees' fundamental rights and freedoms.

"The systematic rendition and torture at multiple (including black) sites and thereafter at Guantanamo Bay, Cuba ... comprise the single most significant barrier to fulfilling victims' rights to justice and accountability."

Continued prosecution

Another investigation by Ni Aolain found that Guantanamo Bay detainees face human rights abuses even after their release.

A report published by the UN specialists found that the detainees who have been released from the prison complex, but who could not be repatriated to their countries, have faced arbitrary detention and torture in the host countries they were sent to instead.

Ex-detainees relocated to a "third" country, such as the United Arab Emirates or Kazakhstan, were met with conditions similar to those they faced during their time in the US prison, she detailed in the document.

Rea more: ICRC reports inmates 'accelerated aging' in infamous US Guantanamo Bay

The report focused on men released from the US military prison through resettlement deals. According to the file data, 30 percent of these individuals have not received proper legal status from their host countries.

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