Keeping him safe by keeping him in solitary

[joshwriting]

http://thinkprogress.org/2008/06/25/parhat-combatant-solitary/

So, the SCOTUS ruled. Now, these folks get to contest the decision to keep them locked up in Guantanamo, right?

Well...

Gitmo Detainee’s Lawyer ‘Not Allowed To Tell Him’ He’s No Longer An ‘Enemy Combatant’»

Nearly two weeks after the U.S. Supreme Court ruled that detainees held at Guantánamo Bay have the right to habeas corpus and can thus challenge their detention in civilian courts, a U.S. Court of Appeals dealt another blow to the Bush administration’s detention policy.

The appeals court ruled that the Pentagon improperly designated Huzaifa Parhat, an ethnic Uighur Chinese national, an “enemy combatant” after being swept up by the U.S. military in Afghanistan in 2001 and then sent to Guantánamo Bay, where he has been held since.

Despite the ruling, Parhat has yet to see any of its benefits. In fact, he doesn’t even know about it. Parhat’s lawyer told CBC radio’s As It Happens last night that Parhat is currently being held in solitary confinement and “has no idea” the appeals court ruled in his favor because, he added, “I’m not allowed to tell him”:

DEREK STOFFEL, CBC HOST: Mr. Willett, what’s your client’s reaction to this ruling?

SABIN WILLETT (PARHAT’S LAWYER): Boy what a great question that is because my client doesn’t know about this ruling because I’m not allowed to tell him. […] He’s sitting in solitary confinement today. He has no idea what’s happened as far as I know.

There is more to the story, and both the video and a transcript of the interview.

I am not surprised. I am, however, appalled.

Comments

[joshwriting.livejournal.com]

You don't get it, do you?

You keep arguing that there is reason to presume good faith.

I am arguing that there is no such reason. You claimed Certainly there are other instances where it has not made a good-faith effort, but by and large that's not generally the case.

I have attempted to show you that you are mistaken in your presumption that they have him in solitary for good reasons.

Of course you can't see wrongdoing in this specific case, Rachel! Even if there IS wrongdoing, the man is locked up in solitary with no access to counsel and there would be no way for us to know about it!

And, again, beyond the prevention of contact with counsel, I am not alleging wrong-doing, I am not PRESUMING that they are guilty, I am merely denying your "good faith" claims, because the facts prove that you are mistaken.

So, what is your definition of "significantly longer?" Two weeks more of solitary? A month?

[camlina.livejournal.com]

He has not been allowed to see his lawyer because he is in solitary confinement. I think the military has every right to keep him in solitary confinement (where "solitary" does not mean "solitary plus his lawyer"). Given that his lawyer would simply be telling him good news, rather, than trying to consult with him to build his case, this is a little gray but mostly acceptable to me.

By "significantly longer" I mean until the appeals process is done and there is a final verdict.

[joshwriting.livejournal.com]

See my comments on solitary confinement below. Apparently, the powers that be in Guantanamo want it both ways in solitary when he is being denied access and not in solitary when discussing general conditions.

And I find your stance that keeping an uncharged prisoner in solitary confinement for as long as it takes to get a final verdict to be unfathomable. Given that the appeal would be likely to go to the Supreme Court, you are talking about potentially at least a year for further solitary.

Of course, they could just send it back to the group that makes determinations of enemy combatant status and decide that they were wrong to start with 5 years ago, as they have done with others who were captured under identical circumstances.