Nashwan al Tamir

Scheduled to Fly to Guantanamo Bay, Cuba, Next Week

Pentagon approved sketch by court artist Janet Hamlin, depicting Mr. Nashwan / Mr. Hadi at his Guantanamo arraignment on 18 June 2014.

In one week, on 3 June 2022, I am scheduled to fly from Indianapolis to Washington D.C., and fly the next day from Joint Base Andrews (formerly Andrews Air Force Base) to Guantanamo Bay, Cuba. On Friday, I plan to stay at a Maryland hotel near Andrews, and Uber to the base and be ready to check in at 6 a.m., Saturday for the 10:00 a.m. flight.

My destination is Naval Station Guantanamo Bay (NSGB), and my mission is to monitor a U.S. military commission pre-trial hearing in the case against Nashwan al-Tamir / Hadi al-Iraqi, who is charged with war crimes allegedly perpetrated in Afghanistan and Pakistan in 2003 and 2004. For clarification, the prosecution refers to the defendant as “Hadi al Iraqi” while defendant has stated that his name is “Nashwan al Tamir”. Hereinafter, I will refer to him as “Mr. Nashwan / Mr. Hadi”.

It was reported in the New York Times that Mr. Nashwan / Mr. Tamir was picked up in Turkey in 2006 and held by the C.I.A., before being transferred to Guantanamo in 2007. He was arraigned at Guantanamo in 2014 and charged with the following war crimes: denying quarter; attacking protected property; using treachery or perfidy; and attempted use of treachery or perfidy. Proceedings in his case have been reportedly delayed multiple times due to his declining health. He underwent five surgeries for a pre-existing spinal disease.

About Me

I work as a clinic assistant at Indiana University McKinney School of Law, and I support nine live client clinics and four full-time faculty members. I joined the Law School in late 2021.

Our nine clinics include the Appellate Clinic, Child Advocacy Law Clinic, Civil Practice Clinic, Criminal Defense Clinic, Health and Human Rights Clinic, Immigration Clinic, Intellectual Property Clinic, Re-Entry Clinic, and the Wrongful Conviction Clinic.

The clinics provide students the opportunity to work on real cases for real people under the supervision of clinical faculty. I support the work of the students and faculty, including but not limited to corresponding with clients, handling inquiries, and providing other administrative support. To date, I have been able to attend two expungement hearings, a full day of housing court, and two “second chance” outreach days, and I watched an appeals trial. I believe my experience at Guantanamo Bay will be vastly different from the hearings I have experienced considering I have not yet witnessed a criminal hearing.

I have a bachelor’s degree in public relations from Purdue University. I had an opportunity to intern with Purdue Marketing and Media for a year. While I was an intern, I developed an interest in writing. I worked as an editorial intern and wrote hundreds of articles and press releases. I became interested in the legal field after taking a course on Constitutional Law when I was a Purdue student. I see this experience — being able to blog and attend the hearings— as an opportunity to combine my interests of law and writing.

I recently learned that I am the first staff member of IU McKinney School of Law to be nominated to travel to Guantanamo Bay to monitor hearings. The dozens of other IU Affiliates who have been nominated for Guantanamo travel have been faculty, students, and graduates. I’m honored to be the first staff member to be nominated and hope that my experience sparks an interest in other staff members.

My Mission for this Guantanamo Bay trip

My mission has been laid out for me as an NGO observer affiliate. NGO stands for “non-governmental organization”. The NGO I am affiliated with is the Military Commissions Monitoring Project (MCMP), which is part of the Program in International Human Rights Law of the IU McKinney School of Law. The Pentagon granted the Program in International Human Rights Law the status of “Observer”, and that Program in turn created the MCMP, which nominates IU McKinney faculty, staff, students and graduates to travel to Guantanamo to “observe” or “monitor” hearings. IU McKinney affiliates also travel to Ft. Meade, Maryland where Guantanamo hearings are broadcast live from the Guantanamo courtroom into a secure room at Ft. Meade via CCTV. They also travel to other installations where Guantanamo hearings occur, mostly via CCTV, but at times live, and include sites such as Ft. Devin, the Washington Naval Yard, Andrews, and the Pentagon.

As a representative of our IU McKinney NGO, my mission is to attend, observe, be seen, analyze, critique, and report my observations. I plan to be independent, objective, neutral, unbiased, and open-minded. It is my responsibility to be an impartial observer for myself, the other stakeholders of the proceedings, including future observers.

From the Beginning

I became aware of the MCMP, like many others at IU McKinney, through the emails sent out by Professor Edwards, the Law School’s Guantanamo Program Director. The emails are sent out monthly to law students, faculty, and staff to seek individuals interested in traveling to Guantanamo Bay and the other sites. Professor Edwards is also the Founding Faculty Director of the Program in International Human Rights Law (PIHRL) and has been involved with Guantanamo since 2003. The opportunity sounded like a once in a lifetime experience, but I did not think I would be selected as a new hire, having joined the law school only 6 months earlier. I pushed the idea of applying away until my supervisor forwarded the same email to me. In it, she encouraged me to apply. I took her encouragement as a sign and submitted an application.

The next day, I interviewed with Professor Edwards. The following week, I received the news that I was nominated by the MCMP to travel to Guantanamo to monitor these pre-trial hearings.

The next steps were to complete paperwork for the Pentagon, Indiana University, and the Program in International Human Rights Law (PIHRL).

The paperwork for the Pentagon included 6 forms: a Hold Harmless Agreement, an acknowledgment of the NGO Ground Rules for Observation of Military Commissions, an Invitational Traveler Worksheet, a form requesting temporary access to NSGB, an acknowledgment of NGO Representative procedures for observation of military commissions, and a bio about myself.

I began communicating with other IU affiliates scheduled to travel in June, and we helped one another in completing the forms.

Preparing for Travel

To prepare, I have been given a multitude of resources, including the Guantanamo Bay Fair Trial Manual and the Know Before You Got to Guantanamo Bay: A Guide for Human Rights NGOs & Others Going to Gitmo to Attend U.S. Military Commissions or For Other Purposes.

The Fair Trial Manual gives an overview of the history of Guantanamo Bay, presents the rights of the detainees and all stakeholders, and provides precedents for why the detainees should be given a fair trial. The Know Before You Go Manual provides useful information from dress codes in the courtroom to fun activities for travelers when they aren’t observing or preparing for the hearings.

Both the Manual and the Guide can be found on the Gitmo Observer website.

Travelers are also provided a “Guantanamo Checklist” which lists what to do before, during, and after travel. The Checklist is an approximately 30-page document that comprehensively lists requirements for all participants. It also includes samples of how to complete the paperwork for the Pentagon.

Another great resource is the blog posts on the Gitmo Observer. Thanks to previous travelers’ blogs, I read that plans can change frequently regarding the proceedings at Guantanamo Bay. Travelers must remain flexible and be attentive to communication incoming from the Program Director and the Pentagon.

Booking my flight to DC

I booked my flight to D.C. two weeks ago. The day after I booked my flight, I received notice from the Pentagon that the military judge who presides over the case I am scheduled to monitor ruled that the pre-trial hearings my proposed week at Guantanamo will be “closed”, meaning that for the entire week I would be at Guantanamo, all the hearing sessions would relate to classified matters, and NGO representatives (like myself) would not be able to attend. Thus, there was a possibility that I could travel to Guantanamo for the week, and not have an opportunity to sit in on any courtroom hearings.

The Pentagon sent me an e-mail asking me if I still wanted to go to Guantanamo, given the judge’s ruling about the hearings. I learned that there is still the possibility the “closed” hearings will be “opened”, so I decided to continue to travel. Also, I learned that there are many aspects of monitoring / observing that take place outside the hearings, for example, briefings by U.S. military commission lawyers.

My next blog post

This is a photo of me…
I plan to post more photos of my journey to Guantanamo — including at the airports in Indianapolis and DC, on the planes, the hotel, and of course at Andrews and Guantanamo.

My next blog posting is expected to include any updates I receive from the Pentagon this last week before the scheduled travel, my journey from Indianapolis to DC, and my arrival at Andrews.

Madison Sanneman

Clinic Assistant

NGO Monitor / Observer, Military Commission Monitoring Project (MCMP)

Program in International Human Rights

Indiana University McKinney School of Law

Will I Go To Guantanamo Bay, Cuba, Tomorrow?

Professor Edwards (right) with one of his Indiana law students (Ms. Sheila Willard) at Guantanamo Bay, Cuba. (file photo)

It’s Sunday morning, and I am scheduled to fly to Guantanamo Bay, Cuba, tomorrow morning, Monday, 19 August 2019.

But, my years of traveling to Guantanamo have taught me that I could arrive at Joint Base Andrews (Andrews Air Force Base) tomorrow, and the trip could be cancelled. I’m not talking about a cancelled flight because of a plane’s mechanical issue, with everyone waiting for a replacement plane, or a possible weather delay. Instead, the 10 days of U.S. military commissions I am slated to monitor at Guantanamo could be scratched, with there being no need to fly down this week.

In the over 15 year since I first became involved with Guantanamo, I learned to expect the unexpected.

Hadi al Iraqi / Nashwan al Tamir, the alleged 2nd highest al Qaeda member in U.S. custody. Professor Edwards is scheduled to attend his hearings at Guantanamo from 19 – 29 August 2019.

This article describes what is expected to happen during the upcoming week of hearings in the case against a Guantanamo detainee the U.S. government calls Hadi al Iraqi, but who prefers to be called by what he says is his birth name, Nashwan al Tamir.

But first, I’ll explain how I got booked on this flight to Guantanamo.

My Guantanamo mission

I was a professor of law at Indiana University McKinney School of Law when in 2003 a Pentagon officer asked if I would do a project related to over 650 detainees then being held at Guantanamo. My Indiana students and I researched rights afforded to defendants at Nuremberg and Tokyo after World War II, thinking that at a minimum, rights afforded to defendants then should be afforded to any detainees facing trial by military commission at Guantanamo.

After that project ended, my Indiana students (and Stetson law students) and I worked on the cases of Australian David Hicks (whose 2007 proceedings became the first completed U.S. military commission since World War II), and Canadian Omar Khadr (who was 15 when picked up, who was then taken to Guantanamo and charged).

Fast forward, and I founded the Military Commission Observation Project at Indiana, through which we send faculty, staff, graduates and current students to Guantanamo to monitor hearings, exploring rights afforded to all Guantanamo stakeholder groups. Stakeholder groups include defendants, victims and their families, Guantanamo guards, defense and prosecution lawyers, witnesses, media, observers / monitors, and others. (For more information on different categories of Guantanamo stakeholders, see www.GuantanamoBayReader.com).

Guantanamo Non-Governmental Organization (NGO) Observer Challenge Coin — with our Stated Mission —
To Attend, Monitor, Be Seen, Analyze, Critique & Report

Our Project spells out the mission of Guantanamo Observers / Monitors as follows: To attend, monitor, be seen, analyze, critique and report on Guantanamo proceedings.

For our Guantanamo Bay Non-Governmental Organization (NGO) Observer / Monitor Challenge coins, see here.

We disseminate information through our blog at www.GitmoObserver.com.

Hadi / Nashwan Background

Hadi / Nashwan is an alleged high-level member of al Qaeda Iraq who allegedly liaised with the Taliban and perpetrated war crimes in Afghanistan and Pakistan in 2003 – 2004. The government claims that he is the second highest ranking al Qaeda member in U.S. custody.

He is charged with allegedly commanding al Qaeda and Taliban insurgents who attacked U.S. and allied forces in Afghanistan and Pakistan after the U.S. and coalition invaded after 9/11.

The specific war crimes charges against him include denying quarter, attacking protected property, using treachery or perfidy, and attempted use of treachery or perfidy. Also, the US alleges that he conspired to commit war crimes. Allegedly, persons under his command planted IEDs that killed coalition soldiers on roads, fired at a U.S. military medical helicopter, and attacked civilians including aid workers.

He was taken into custody in 2006, arrived in Guantanamo in April 2007, and arraigned in June 2014 on war crimes charges that carry a maximum sentence of life in prison.

For at least the last two years, he has suffered from degenerative disc disease, for which he has undergone at least 5 surgeries by military doctors at Guantanamo.

This military judge has acknowledged that the medical condition causes pain and extreme discomfort for Hadi / Nashwan, making it difficult for him to sit in a regular chair in the courtroom for extended periods. He has used a special seat in the courtroom, and has been wheeled into the courtroom in a hospital bed. Furthermore, a special cell that can fit a hospital bed has been constructed next to the courtroom, for him to use during court breaks.

His trial was scheduled to begin in February 2020. It is unclear whether it will go forward, given his health, and given that several weeks of hearings in his case were suspended during his defense counsel’s 12-week maternity leave (including cancelled sessions for June and July 2019).

What is expected to happen this week?

This week, the judge will likely deal with any issues related to Hadi’s / Nashwan’s medical condition. It is likely that the defendant will be wheeled into the courtroom on Wednesday morning, 21 August, in either a hospital bed or a modified wheelchair.

Then, the judge is scheduled to listen to defense and prosecution lawyers argue a number of motions, all of which were listed on a docket that circulated a month or two ago. These motions, which are listed below, deal with a range of issues, including defense requests for information about and access to places where Hadi / Nashwan and others were confirmed, and conflicts of interest of war court personnel.

Motions on the docket are:

Defense Motion to Compel Discovery of Information Related to and Access to Buildings in which the Accused or any Potential Witnesses Have Been Confined (AE 137);

Defense Motion to Compel Defense Examination of Accused’s Conditions of Confinement Onboard Naval Station Guantanamo Bay (AE 139);

Defense Motion to Compel Appointment and Funding of Defense Mitigation Specialist (AE 150);

Defense Motion to Compel Production of Discovery Relating to Rules of Engagement Requested in Defense 51st Supplemental Request for Discovery (AE 156);

Defense Motion to Dismiss on the Basis that the Convening Authority has a Personal Interest in the Outcome of the Military Commission (AE 157);

Defense Motion to Dismiss because a Military Judge and Law Clerk Sought Employment with the DOD and DOJ (AE 150);

Defense Motion to Compel Discovery of Information Related to Public Statements Made by RDML Ring Concerning Conditions of Confinement (AE 150); and,