CSU|LAW Hosts Human Rights Attorney and Author Joshua Coangelo Bryan

By Editor-in-Chief: Eric Fogle

On February 17, CSU|LAW hosted Joshua Colangelo-Bryan for a conversation on Mr. Colangelo-Bryan’s recent book: “Through the Gates of Hell: American Injustice at Guantanamo Bay.” The conversation was moderated by CSU|LAW Professor Reginald Oh.

The conversation began on a reassuring note to students who may be uncertain about their career paths. Despite his extensive international human rights work, during his time in law school Mr. Colangelo-Bryan had completely different career plans. Mr. Colangelo-Bryan then outlined some of his work in international human rights, including domestic litigation, human rights investigations abroad, and some work with the United Nations.

Later, the conversation turned to issues relating to social power structures. Josh described being driven against the unilateral power over the detention process at Guantanamo Bay. He noticed an astonishing lack of due process, absence of rights and basic human treatment.

Next, Mr. Colangelo-Bryan provided the background leading to the subject matter of his book. After the attack on September 11, members of the Bush administration took a severe turn in their strategy in the War on Terror. There were also incentives put in place to encourage the turning over of the names of Al-Queda members to U.S forces.

Much of the process was done without regulation or authorization. This lack of process lead to detention without accusation. Mr. Colangelo-Bryan mentioned this lack of process as it pertained to his client, which he details more robustly in his book. For example, Article 5 hearings were suspended. These hearings were to determine whether a detainee was a combatant or a citizen. As a result, there was a substantial uptick in the baseless detentions of Muslim and/or Arab men in Afghanistan.

Mr. Colangelo-Bryan then described the existential purpose of Guantanamo Bay. At the time of the detentions on Guantanamo Bay, the U.S. had no diplomatic relations with Cuba. Functionally, No U.S. Court would determine that it had jurisdiction over claims arising from events in that foreign country. Thus, Guantanamo Bay became a prison unbeholden to law.

Professor Oh discussed the relationship between national security and due process. To Professor Oh, due process forces governmental actors to provide reasons as to why a particular detainee is a threat to national security. Mr. Colangelo-Bryan made a thoughtful note that procedural and substantive due process is our best method of determining who is a potential threat to national security.

Mr. Colangelo-Bryan then fielded questions on relief available to detainees after successful habeas petitions, alternative methods of advocacy not including litigation.