Heather Cerveny
Encyclopedia
Sergeant Heather Cerveny is a member of the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

, and a paralegal
Paralegal
Paralegal is used in most jurisdictions to describe a paraprofessional who assists qualified lawyers in their legal work. This is true in the United States and many other countries. However, in Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an...

.
Cerveny who submitted an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

 describing boasts of abusive treatment meted out to detainees held in extrajudicial detention in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

. Her claims were rejected by a military investigator and she was later accused of making a false statement.

Press reports state Cerveny is 23 years old, was only assigned to assist in the defense of Guantanamo detainees in September, and that the incident she reported occurred on one of her visits to the base.

The Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

's Inspector General
Inspector General
An Inspector General is an investigative official in a civil or military organization. The plural of the term is Inspectors General.-Bangladesh:...

 announced that another inquiry would be launched into detainee treatment, based on Cerveny's affidavit.

Previous inquiries, like the Schmidt report concluded that abuse at the camps was degrading, but did not rise to the level of "inhumane".

Gag order

Muneer Ahmad
Muneer Ahmad
Muneer Ahmad a professor of law at the Yale Law School. He is a specialist in international human rights and immigration law.He is known for his work as co-counsel for Omar Khadr, a Canadian that is detained at the Guantanamo Bay detainment camp....

, the civilian lawyer for Omar Khadr
Omar Khadr
Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...

, reported that Cerveny, and her boss, Colby Vokey
Colby Vokey
Colby Vokey is an American lawyer and former officer in the United States Marine Corps. He currently practices criminal defense law with the Dallas-based firm Fitzpatrick Hagood Smith & Uhl. He represents clients in all types of criminal matters, with particular emphasis on cases involving...

, Khadr's military lawyer, had been ordered not to speak to the media pending Marine chief defense counsel Col. Carol Joyce's review of Cerveny's claims.

The report quotes a statement released by the Marines explaining that Col. Joyce:
... had directed him[Vokey] not to communicate with the media "pending her review of the facts. This is necessary to ensure all actions of counsel are in compliance with regulations establishing professional standards for military attorneys."

Basset report

Colonel Richard Basset was the officer assigned to investigate the allegations in Cerveny's affidavit.
He returned from his investigation on November 15, 2006.

The Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

 quoted one of Basset's superiors, who said Basset: "...interviewed guards and some detainees during a visit to the naval base in southeast Cuba. He also traveled around the U.S. to speak with guards who had left Guantanamo,"

The report was submitted by Basset on December 10, 2006. and the results made public in February, 2008.
The report recommended no disciplinary action against the five Army,and Navy men whom Cerveny accused in her affidavit as he asserted there was insufficient evidence to support Cerveny's claims.
Based upon his findings through the investigation, Colonel Basset then accused Cerveny of filing false reports.

On December 18, 2008 Fox News, MSNBC
MSNBC
MSNBC is a cable news channel based in the United States available in the US, Germany , South Africa, the Middle East and Canada...

 and other media outlets published an Associated Press story based on previously classified portions of Basset's inquiry they had acquired through a successful Freedom of Information Act request.
had determined one of the men Cerveny had named had been part of the riot squad that had left a GI with brain damage who had been asked to masquerade as a detainee who represented a threat for a training exercise.

The previously classified portions of the inquiry reported that another of the men had acknowledged abusing captives.

According to Fox News Vokey reacted to the new information, saying: "the report shows the military ignored statements that undermined the sailors' denials."

Fox News quotes spokesman Colonel William Costello saying he had nothing to add to "what we announced publicly almost two years ago."
Fox News quoted Ben Wizner, of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

, characterizing the original inquiry as "narrow", and pointed out that the inquiry hadn't reported the men hadn't abused captives, merely that there was "insufficient evidence" that they had bragged about doing so to Cerveny.

See also

  • Guantanamo Bay detention camp
  • Sean Baker
    Sean Baker
    Sean Baker, a native of Lawrenceburg, Kentucky, is a United States Air Force veteran and former member of the Kentucky National Guard, who served during the first Gulf War, and as a member of the 438th Military Police at Guantanamo Bay....


External links

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