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Friday, 29 April 2011
Telegraph names alleged rape victim in full Guantánamo release
The Daily Telegraph has published 759 of the leaked Guantánamo files it obtained from WikiLeaks, despite the files not having been redacted to remove sensitive information.
One of the documents published by the Telegraph today includes the full name of a boy detained at Guantánamo who, according to the file, was raped at the age of 15, just prior to being transferred to the camp.
The publication of his name appears to breach the Press Complaints Commission Editors' Code of Conduct, which states that "the press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences".
The PCC said today that it could not comment on individual cases before a complaint was made, but it "would of course consider any complaint".
No charges were brought against the detainee, who was captured by US forces in Afghanistan and transferred to Guantánamo Bay "because of his possible knowledge of Taliban resistance efforts and local leaders". He was released a little more than a year after being transferred to the camp.
The file has also been published by WikiLeaks and the Guardian but the Guardian has blacked out the text relating to the alleged assault.
In a statement sent to Journalism.co.uk this afternoon, the Telegraph defended the move, saying it had undertaken "minimal redactions" and that its position was "supported by WikiLeaks".
"The Daily Telegraph takes its responsibilities when releasing confidential documents very seriously, but we believe this information is crucial for full public understanding of Guantánamo Bay. The newspaper has a long track record of redacting documents when necessary, including the release of hundreds of files relating to MPs expenses and the US diplomatic cables.
"However, in this instance, after taking detailed expert advice on the information already in the public domain and the importance of the documents to the general public and the detainees, we have decided to make only minimal redactions. This position has been supported by WikiLeaks.
"We have detailed security protocols in place for the handling of sensitive data by Telegraph employees. We have been alarmed at the reports of the apparent cavalier handling of data by former partners of WikiLeaks, which led to their relationships with the organisation breaking down."
Concerns have also been raised today that a number of the files published by the Telegraph contain unverified accusations against current and former detainees. Speaking to Journalism.co.uk earlier today, Guardian investigations editor David Leigh said that the Telegraph's publication was "totally scandalous ... the most irresponsible thing that I can imagine".
"We took out the names of people who because of the British libel law we couldn't just publish unverified accusations against. We did a lot of redacting and the New York Times did a lot of redacting, but unfortunately WikiLeaks hasn't, and the Daily Telegraph has just published the lot."
The director of Reprieve, a human rights group set up to help the detainees of the Guantanamo Bay camp, wrote to the Telegraph following their initial coverage of the files, accusing it of "extraordinarily inaccurate journalism".
Clive Stafford-Smith's letter, which was not published by the newspaper but was sent to Journalism.co.uk by Reprieve, says:
"The Daily Telegraph line about the Guantánamo WikiLeaks is extraordinarily inaccurate journalism: 'At least 35 Guantánamo Bay inmates fought against the West after being indoctrinated in Britain, leaked files disclose'. "You write that nine of these are British nationals and eight are British residents. I have helped to represent most of these men, and there is no credible evidence – zero – that any fought against the West." Stafford-Smith has also criticised the Guardian for its coverage, claiming in an article published by the newspaper that it took "a very credulous approach to the WikiLeaks exposé".
Joel Gunter @'Journalism.co.uk'
One of the documents published by the Telegraph today includes the full name of a boy detained at Guantánamo who, according to the file, was raped at the age of 15, just prior to being transferred to the camp.
The publication of his name appears to breach the Press Complaints Commission Editors' Code of Conduct, which states that "the press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences".
The PCC said today that it could not comment on individual cases before a complaint was made, but it "would of course consider any complaint".
No charges were brought against the detainee, who was captured by US forces in Afghanistan and transferred to Guantánamo Bay "because of his possible knowledge of Taliban resistance efforts and local leaders". He was released a little more than a year after being transferred to the camp.
The file has also been published by WikiLeaks and the Guardian but the Guardian has blacked out the text relating to the alleged assault.
In a statement sent to Journalism.co.uk this afternoon, the Telegraph defended the move, saying it had undertaken "minimal redactions" and that its position was "supported by WikiLeaks".
"The Daily Telegraph takes its responsibilities when releasing confidential documents very seriously, but we believe this information is crucial for full public understanding of Guantánamo Bay. The newspaper has a long track record of redacting documents when necessary, including the release of hundreds of files relating to MPs expenses and the US diplomatic cables.
"However, in this instance, after taking detailed expert advice on the information already in the public domain and the importance of the documents to the general public and the detainees, we have decided to make only minimal redactions. This position has been supported by WikiLeaks.
"We have detailed security protocols in place for the handling of sensitive data by Telegraph employees. We have been alarmed at the reports of the apparent cavalier handling of data by former partners of WikiLeaks, which led to their relationships with the organisation breaking down."
Concerns have also been raised today that a number of the files published by the Telegraph contain unverified accusations against current and former detainees. Speaking to Journalism.co.uk earlier today, Guardian investigations editor David Leigh said that the Telegraph's publication was "totally scandalous ... the most irresponsible thing that I can imagine".
"We took out the names of people who because of the British libel law we couldn't just publish unverified accusations against. We did a lot of redacting and the New York Times did a lot of redacting, but unfortunately WikiLeaks hasn't, and the Daily Telegraph has just published the lot."
The director of Reprieve, a human rights group set up to help the detainees of the Guantanamo Bay camp, wrote to the Telegraph following their initial coverage of the files, accusing it of "extraordinarily inaccurate journalism".
Clive Stafford-Smith's letter, which was not published by the newspaper but was sent to Journalism.co.uk by Reprieve, says:
"The Daily Telegraph line about the Guantánamo WikiLeaks is extraordinarily inaccurate journalism: 'At least 35 Guantánamo Bay inmates fought against the West after being indoctrinated in Britain, leaked files disclose'. "You write that nine of these are British nationals and eight are British residents. I have helped to represent most of these men, and there is no credible evidence – zero – that any fought against the West." Stafford-Smith has also criticised the Guardian for its coverage, claiming in an article published by the newspaper that it took "a very credulous approach to the WikiLeaks exposé".
Joel Gunter @'Journalism.co.uk'
Bradley Manning no longer held in solitary confinement, Pentagon says
Reporters were allowed to view the kind of accommodation in which Manning is currently being detained, at Fort Leavenworth in Kansas, after he was moved earlier this month from Quantico marine base in Virginia as he awaits court martial.
His treatment in Virginia– which included 23 hours in his cell and being stripped down to a smock at night – was widely condemned by human rights groups including Amnesty International and the UN rapporteur on torture, who subsquently launched an investigation into conditions.
Manning is now detained among other medium-security inmates also awaiting military trial, according to Associated Press, which took part in a media tour of his new accommodation. The move implies that Manning has been cleared as a suicide risk, as any detainee deemed a risk of suicide would be held on their own.
It has long been a complaint of Manning's lawyer, David Coombs, that the advice of psychiatrists at his old prison in Quantico was ignored. Records show that mental health professionals regularly assessed him and found him to be no risk to himself, but Manning was kept on a "prevention of injury" order, which required him to be segregated from other inmates.
Reporters were told that Manning will, in future, be housed alongside another 10 or so prisoners, all of whom are awaiting trial. AP said he will have his own cell, wear standard prison clothing and have open access to a communal area except overnight.
With concern receding about the way Manning is being treated, the focus is now likely to swing towards the trial. No date has yet been sent for the court martial, though it is understood that the first subpoenas have been sent out for acquaintances of Manning to appear before a grand jury investigating the charges.
Manning faces multiple counts relating to the leaking of hundreds of thousands of documents and videos to WikiLeaks, which include the Iraq and Afghan war logs, and the US embassy cables disclosing secret diplomatic intelligence from around the world.
Last week President Obama was accosted by Manning supporters at a fundraising event in San Francisco. The president spoke to one supporter and reportedly said: "He broke the law."
The supporters interpreted Obama's words as referring to Manning, and have complained that by declaring the suspect guilty the president has destroyed the chance of a fair trial.
Ed Pilkington @'The Guardian'
Attorney Challenges “Gag Order” on WikiLeaks Docs
The ongoing release of another large collection of classified documents by WikiLeaks concerning Guatanamo detainees creates a new set of challenges and opportunities for the detainees’ attorneys. But the government says the attorneys cannot discuss those matters in the public domain, even though anyone else can.
Attorney David Remes petitioned a court yesterday to release him from all such restrictions regarding publicly available WikiLeaks documents. His petition (pdf) was posted by Ben Wittes of Lawfare blog.
It was also reported by Scott Shane in the New York Times today, and discussed by Marcy Wheeler at EmptyWheel.
The petition argues that not only are continuing controls on publicly available information futile, they are unjust. That is, they inhibit the attorney’s ability to act in the best interests of his clients by correcting errors or identifying exculpatory factors.
A response by the government will follow.
Steven Aftergood @'Secrecy News'
Attorney David Remes petitioned a court yesterday to release him from all such restrictions regarding publicly available WikiLeaks documents. His petition (pdf) was posted by Ben Wittes of Lawfare blog.
It was also reported by Scott Shane in the New York Times today, and discussed by Marcy Wheeler at EmptyWheel.
The petition argues that not only are continuing controls on publicly available information futile, they are unjust. That is, they inhibit the attorney’s ability to act in the best interests of his clients by correcting errors or identifying exculpatory factors.
A response by the government will follow.
Steven Aftergood @'Secrecy News'
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