Yemenis in Guantanamo Prison: Not Supported Enough by Yemeni Government, Lawyer Says

Mr. David Reses, is one of the head lawyers who represent the over 120 Yemenis still imprisoned in the illegal Guantanamo Bay Prison under the suspicion of terrorism. Prisoners in Guantanamo are entering their sixth year in captivity and still seeing no hope of leaving. This week, and after six years from the opening of Guantanamo prison, dozens of political and human rights organizations got together demanding the closure of the prison. Mr. Reses was invited to attend and play a leading role in this conference. Upon his arrival to Yemen, he met with the families of his clients who are still being held prisoners. Here the Yemen Post exclusively met with Mr. Reses in his only interview with a Yemeni newspaper. The interview was conducted by Hakim Almasmari.

YP :Has President Saleh done all he could to help the prisoners in Guantanamo?

Reses: When we talk to officials in Yemen, they say very positive things and stress that they are willing to cooperate with us. When we talk to the U.S officials they also give us positive wording. However, both sides cannot be correct. I think that President Saleh should be more vocal to the public in Yemen and tougher in private when he sits with American officials and discusses their case and how to end the long going suffering of the prisoners and their families.

We ask Saleh to do more, and we hope he can cooperate, but in general, Yemen is not doing enough to secure the fate of its citizens in the Guantanamo Bay Prison.

YP: Explain to us the terrifying situation Yemeni prisoners go through?

Reses: In the early days, there was physical abuse, but nowadays, and after it became an international issue, and hundreds of lawyers and human rights activists started putting a lot of efforts to fight for the prisoners cause, the U.S government has dramatically decreased the physical punishment and focused more on physiological punishment, which is some ways, is far worse then physical punishment.

Prisoners are kept in isolation. They used to be able to communicate, but due to a higher level of security they receive now, they are not allowed to communicate and meet each other like before and are kept in their own cell.

The only opening they have to the outside world is the small window they have in their cell, which is too small for the entire face to look through, and a small opening they have in the door of the cell, in which they receive the food they eat. They absolutely have almost no sunlight, and are forced to get light through florescent light bulb.

One of my Yemeni clients told me that when he is in his cell, it feels like he is living inside a refrigerator.

What makes it worse, is that the men are not told directly why they are being held, or for how long. They are not even allowed to know what they are being accused of. This is the most terrifying point of all. Their faith is not in their hands; therefore making them even more hopeless for a positive change.

Not one of the prisoners knows when he will be released. They are not allowed to receive a fair trial; they are not allowed to have family members over to visit them. They are left with almost no hope. Their medical situation is very bad as they are being neglected and not given proper medical attention, and until the lawyers arrived in 2004 to defend the prisoners, the U.S government controlled them completely, and treated them as they wished.

YP: In your opinion, when will the prisoners be set free?

Reses: It is very hard to say. The U.S government wants to release as many as it can because of the international embarrassment that they are going through, but some prisoners have no place to go. One of my Yemeni clients asked to get asylum in a western country instead of going back to Yemen. They fear leaving the prison only to find more suffering in their own countries.

Soon, they will be allowed to stand in front of a trial, but not a fair trial. All the rules and regulations are in favor of the United States government. That is because they will be trialed in a military court.

Salim Ahamd Hamdan is one of the few lucky Yemeni’s who were allowed to leave the prison and is now with his family.

YP: What kind of evidence is going to be used against the prisoners, even if they stand in front of a criminal court?

Reses: All the evidence that is going to be used against them will either be what was taken through torture or sayings of other prisoners who testified against them. The other prisoners did so in order for them to have a better chance of leaving the prison.

In a real court, things that are said due to torture are not credible and cannot be used as evidence. This is the only proof they have against these prisoners, along with the main suspicion of why they were in Afghanistan in the first place.

YP: Explain your firm’s role in serving the prisoners, and to the amount of success you have reached?

Reses: Until now, not enough success has been achieved, and that is why they are still in prison. However, we have put tremendous pressure on the U.S government, and that has shifted into international pressure.

We are not happy with the current results, but we will continue to fight until we achieve our overall goal, which is to see the prisoners freed and back in society as normal citizens.

In addition, one of the tools we use in fighting with the U.S government for its negative role in Guantanamo Bay Prison is through the media and talking to journalists. Overall, we try to use every aspect of help we can get our hands on.

YP: How many lawyers do the prisoners have to fight for their freedom?

Reses: In all, there are only 275 prisoners left in Guantanamo, and more than 500 lawyers have sacrificed to defend the prisoners from different countries. Therefore, if you do the calculation, there are almost two lawyers available for each prisoner.

Worldwide, there are only two lawyers who have had the guts and strength to say that the U.S. government is doing the right thing. The two lawyers are the only ones who defend the government and its cause.

YP: Sources informed us that you have received death threats, is that true?

Reses: Yes, I received a call from an unknown person, and he threatened to kill me if I do not stop defending the Yemeni prisoners.

YP: From the accent of the caller, could you tell where he was from?

Reses: Oh yes, he surely sounded like an American. That is just part of the threats that me and my colleagues have been receiving. We have also received a ton of hate mail from unknown senders. In addition, a blog on the web has been specifically launched to stop me from my cause. In this blog, they described me as a friend of terrorists.

Yes, I have many enemies, but that will not stop me for ensuring that justice prevails for the prisoners in Guantanamo.

YP: A total of 501 prisoners have been set free from Guantanamo, from them how many have been Yemeni?

Reses: A small number. Not more than twenty.

YP: Why is the number of Yemeni’s leaving gauntanamo low comparing to other countries?

Reses: We really don’t know. Its not clear at all. It really seems to look like a puzzle. Sometimes it is like trying to find a grain of rice in a large desert.

YP: How many times have you visited Guantanamo Bay Prison?

Reses: I visited the prison eight or 9 times in the past couple of years.

YP: With each visit, do you realize that the situation of prisoners improves or not?

Reses: No, absolutely not. Every time we visit the prison, the situation is the same and no improvement in dealing with the prisoners was realized if not worse.

YP: Have you tried to take this case to congress?

Reses: Yes, we tried that but we received little support from the republican and democratic parties. The democrats in specific try to avoid talking about Guantanamo as they don’t want to be accused by the republicans from having a soft stance of terrorism and national security.

In addition, a bigger case (The war in Iraq) takes most of the foreign discussions in congress. Overall, the democrats are entering an election year, and they try to avoid supporting the Guantanamo prisoners, fearing that it can backlash against them in the elections. They are not strong enough to talk about this case, and hopefully in the near future they will have more abilities to do so.

YP: How many prisoners does your firm represent?

Reses: 17 prisoners, 15 of those from Yemen, one from Algeria, and another from Pakistan. From those we represented, one was freed from the prison and is now with his family and loved ones.

YP: Do you have final comments?

Reses: I ask all politicians, activists, journalist’s lawyers to all stand together in fighting for this cause. I would like to thank you as well for the interview. Good luck.