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Guantanamo is pants

Clive Stafford Smith

Published 14 February 2008

With Guantanamo Bay under the spotlight, Clive Stafford Smith explains why Reprieve's campaign against illegal detention has joined up with a surprising partner...

Test your Guantanamo knowledge for your chance to win Agent Provocateur Guantanamo bikini briefs. Enter our competition!

In the months since the New Statesman first broke the Case of the Contraband Underpants, there have been significant developments in the story. Readers may recall that intrepid US military investigators in Guantanamo Bay thought they had uncovered a plot going to the heart of the war on terror - it was alleged that Reprieve lawyers had smuggled in a pair of Under Armour underpants and some Speedo swimming trunks to a prisoner, Shaker Aamer. Shaker is a British resident from south London who has now endured six years in Guantanamo, denied the fundamental right to microfibre, moisture-wicking undergarments (in addition to the right to be charged, to a trial, to see his family, and so forth).

Heated exchanges followed. The US military (by now renamed the Pantygon around here) levelled the initial allegation. At Reprieve, we insisted the charge was below the belt, noting that Speedos were rather surplus to requirements when the only water that Shaker had access to was in a steel toilet bowl. But it was clear the military deemed underpants to be a major concern in the war on terror. Perhaps they were right. Indeed, underpants have been creeping to the top of the national agenda on other fronts. Recently, Newsnight's Jeremy Paxman found that offerings from Marks & Spencer were no longer up to the job, a subject he described as one of "great concern to the men of Britain".

At Reprieve we felt the need to offer Paxo some support. Along with our allies at the lingerie designers Agent Provocateur, we developed a line of intimate apparel in Guantanamo orange, with "Fair Trial My Arse" emblazoned across the derrière. Turning from the BBC to Downing Street, we suspect that Gordon Brown's popularity will soar after he tries on his Valentine's Day present from Reprieve: his own pair of Fair Trial My Arse pants, discreetly delivered to No 10 . . .

Of course, bad taste aside, Fair Trial My Arse bears a serious message, particularly given this past week's announcement that the US military plans death-penalty trials in Guantanamo Bay. The main objections to tribunals have been well summarised by Colonel Morris Davis, the former chief military prosecutor. In October, he resigned from his post making three allegations: that the politicians had taken over the process with little concern for fairness, that evidence extracted under duress would be admissible, and that there would still be secret proceedings.

No matter what the Bush administration spin, this will indeed be a case of Fair Trial My Arse. We hope the slogan will become a rallying cry for the closure of Guantanamo Bay and the secret prisons that proliferate around the world. At the very least, perhaps it will inspire the Prime Minister to help us shame the United States authorities into providing a fair process for Shaker Aamer and Binyam Moha med. They are, after all, British residents who could tell you from first-hand experience that Guantanamo Bay is, indeed, pants.

Clive Stafford Smith is director of Reprieve, a UK charity that provides free front-line investigation and legal representation to prisoners denied justice by powerful governments across the world. For information or to donate, log on to www.reprieve.org.uk, or contact Reprieve, PO Box 52742, London EC4P 4WS. Tel: 020 7353 4640

Agent Provocateur stores across the UK and US are showcasing the Fair Trial My Arse initiative in their window displays this month. The FTMA bikini briefs are priced at £35

Test your Guantanamo knowledge for your chance to win Agent Provocateur Guantanamo bikini briefs. Enter our competition!

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9 comments from readers

knave
14 February 2008 at 09:29

As many commentators who believe that our freedoms are been eroded are the same men/women who justify torture. Men like Nick Cohen, Andrew Anthony and Henry Porter.

Also have you noticed the similarities with 9/11 and the gunpowder plot.

1. Mass murder planned by religeous fanatics.

2. Legislation brought in through fear

3. Confessions obtained by torture

Great that we have evolved over 400 years.

Also isn't amazing how many of the "new"liberal left like Cohen support torture.

Mkl
14 February 2008 at 12:54

Are you sure that Henry Porter is an advocate of torture? I was under the distinct impression he was against it.

Nick Cohen may well have been involved in the Left many years ago but these days he's undoubtedly proto-neocon alongside David Aaronovitch. Knowing our luck one of these Fckers will become the next editor of the NS. Some people may well have had raised eyebrows when Kampfner did his British neocon article but time has proven he was right.

Robert Powell
14 February 2008 at 13:58

I think he means Harry Potter - who definitely deserves to be tortured.

writeon
14 February 2008 at 16:50

Yes, I've noticed the similarities between the gunpowder plot and the events of 9/11. There may well be other similarities. What's always fascinated me is the idea that our 'plot' may well have been an 'inside job' ! In the sense that the Stuart 'secret police' were aware and forwarned of the plot considerably earlier than most of us think. It's a complex subject to go into here, but there much to indicate that the plot may have been allowed to continue as it gave the Stuart regime a marvelous 'excuse' to launch a 'pogrom' on the Catholics and consolidate its power and position.

One also wonders where the plotters got hold of so much gunpowder, literally tons of the stuff, after all they were planning to blow up Parliamnet! At this time gunpowder was not only extremely expensive, but was under state/military control for obvious reasons. One didn't just go to the local market and order a few tons of gunpowder, someone would have noticed. So the gunpowder must have come from a government controlled and guarded arsenal, where the stuff was usually stored. So how did a gang of Catholic

'terrorists' enter an arsenal and remove tons and tons of gunpowder?

Maybe thoughout history the state has needed and misused the 'terrorist threat' over and over again in order to consolidate its power and direct anger towards some minority it deemed a 'threat'.

James the First apart from being anti-Catholic was also keenly interested in demonology, the occult, and witchcraft. Supposedly he even to part in 'enhanced interogations' of witches himself. Perhaps we are once again succumbing to this irrational fear in relation to the perceived terrorist threat, which has been grossly exaggerated for political purposes in the 'war on our freedoms' which of course stand in the way of the neo-imperial project.

elle morgan
14 February 2008 at 17:44

Aside from providing a source of cheap jokes what do these £35 a pair pants do ? I doubt that too many people will see the slogan. Does part of the profit go to providing services for those held at Guantanamo ? Or is this just an exercise in profit making ?

BritishAirman
14 February 2008 at 19:45

The announcement from the United States that it will grant a “fair trial” to six Guantanamo inmates’ sounds, in principle, welcome but, when we start to consider some of the glaring omissions in the form of ‘evidence’ there are some serious miscarriages of justice to consider. It becomes difficult to reconcile exactly what the US means by ‘fair trial’.

It is hard to see, for example, how the threat of execution after being detained illegally, processes of torture and lower standards of hearing and burden of proof than would apply in normal courts could possibly constitute a fair trial by the United States.

It is worth noting that since the crimes against humanity on 9/11, 2001, human rights campaigners’ such as Amnesty International has continually called on the US to pursue justice within a framework for respecting human rights and the rule of international law. We should all be gravely concerned that information obtained under torture, by coercive means or through ill-treatment will, undoubtedly, form part of the case against these detainees.

Information has started to surface that five of the six men charged were held, covertly, for more than 3-years in CIA custody at unknown and unspecified locations before being transferred to the Guantanamo Bay camp in September 2006. These men were victims of “enforced disappearance”, a crime under international law. The CIA has, subsequently, confirmed that “at least one of them” was subjected to “waterboarding” – confessions obtained during simulated drowning.

The US has concluded that prisoners who were subjected to sexual and other humiliating acts, sleep deprivation, hooding, stripping and beating, loud music, white noise and being exposed to the extremities of heat and cold, is not inhumane.

What chance is there for a fair trial?

... "Fair Trial My Arse"

http://www.markatscotland.blogspot.com

Cybertiger
14 February 2008 at 20:57

The American democracy will gets its pound of flesh by fair means or foul. However, democratic Americans will always choose foul means to achieve dead meat ...

Pierre
16 February 2008 at 13:53

They are really just recognition of one of America's top concentration camps.

MAHETA
06 March 2008 at 21:28

Britain has disowned its own citizens on grounds which flimly violate solemn Statutory Ccommitments, under circumstances where they were caught were worse than Idi Amin Uganda===Imagine a revo;ution wher Twelve Thousand and Five Hundred PLUS people are BUTHCHERED out of a Population of a little over JUST TWO HUNDRED and FIFTY THOUDSAND in JUST Three {3} Days. YEAR 1964--Place EAST AFRICA.---the Result was the FIRST

COMMUNIST Govt. in E. Africa.

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About the writer

Clive Stafford Smith

Clive Stafford Smith is legal director of the charity Reprieve and has spent more than 20 years representing prisoners on Death Row in the United States. More recently he has represented many of the prisoners in Guantanamo Bay.

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