Despite the gravity of these allegations, there has been no independent investigation into the soldiers’ claims, as aired in Harper’s Magazine, and the families’ attempts to have their questions about the deaths answered in a US court have also been thwarted. Although the families of Yasser al-Zahrani and Salah al-Salami launched a case in January 2009, and later resubmitted it with new material from the Harper’s story, a judge in the District Court in Washington D.C. — Judge Ellen Huvelle — declared last September that she was unable to proceed with the case, because existing legislation (the Military Commissions Act) prevented a court from "'hear[ing] or consider[ing] any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement’ of an alien detained and determined to be an enemy combatant," and also because the courts have accepted the government’s arguments that judges must not intrude on national security issues.

In seeking to overturn Judge Huvelle’s ruling, the families have appealed, and, announcing the appeal yesterday,  CCR staff attorney Pardiss Kebriaei, lead counsel in the case (which also includes William Goodman of Goodman & Hurwitz, P.C. and Johanna Kalb of the College of Law at Loyola University), said:

The new evidence is not the result of the wild speculations of the families, or their attorneys, or a journalist. It comes from the eye-witness accounts of four decorated soldiers who were compelled to come forward by their consciences, out of a sense of duty, and at great personal and professional risk. In this context, where the only people who know the truth are our clients’ dead sons and individuals within the government, the information these four men have brought forward is critical. It must give these families a chance to reopen their case. It is shameful that this information hasn’t been given greater consideration by the court.

As well as appealing in court, the Center for Constitutional Rights also "called on supporters to demand an independent investigation into the deaths and to ask the Obama Justice Department to change course from the prior administration’s policy of attempting to block every torture and abuse case, including Al-Zahrani v. Rumsfeld, from proceeding," noting, "In all these cases, the victims and their families seek accountability, justice and answers."

Monday’s conference call, to publicise the appeal, also featured eloquent and compelling testimony from Talal al-Zahrani, Yasser al-Zahrani’s father, Nashwan al-Salami, the brother of Salah al-Salami, and Tarek Dergoul, a British former prisoner who knew all three men well in Guantánamo.

Talal al-Zahrani said:

My son Yasser was 17 when he was taken to Guantánamo and 21 when he died there. I have waited for five years for meaningful answers to my questions about how my son died, but the US government has never contacted me. Not when my son died, not in response to my questions afterwards and not to this day. And the fact that the government has not only failed to properly investigate his death but is also attempting to block review by the courts is both hard to believe and very painful for my family. We just want the truth and for those responsible to be held accountable.

Nashwan al-Salami said:

For five years the US government and courts have blocked my family’s efforts to know the truth about how my brother died. My father died without ever learning what happened to his son, and I continue to hope for real answers and justice.

Tarek Dergoul said:

I knew Yasser, Salah, and Mani personally, for a long period of time, and I knew of their deep will to resist being broken by Guantánamo and to live. These were beautiful men, and Yasser and Mani used to sing songs and recite poetry to lift the spirits of the other detained men. They always fought for the rights of all of us to be free from the abuses we were tormented with, and they were repeatedly subjected to harsh treatment because of this. I have never believed these men committed suicide as the government claims.

Note: For more information on the case, visit the Center for Constitutional Rights’ legal case page.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, details about the new documentary film, "Outside the Law: Stories from Guantánamo" (co-directed by Polly Nash and Andy Worthington, on tour in the UK throughout 2011, and available on DVD here — or here for the US), my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.