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The SHU loophole

John Kiriakou's warning about the American assurances given to British courts in the Julian Assange extradition case: prosecutors promised not to place him in a communications management unit but said nothing about the Special Housing Unit, and in Kiriakou's account a prison need only cite an overheard threat to hold a man in solitary indefinitely.

The SHU loophole is John Kiriakou’s name for the gap he identified in the undertakings American prosecutors gave to British courts during the Julian Assange extradition proceedings.

The gap

Kiriakou noticed that the promise was specific: Assange would not be placed in a communications management unit. Nothing at all was said about the Special Housing Unit — the shoe, in prison usage, meaning solitary confinement.[1][2]

His first objection is that the assurance was not the promisers’ to give at all. He told Assange’s attorneys in Washington and London that the Bureau of Prisons answers to nobody and will place a prisoner where it chooses, whatever prosecutors have told a judge in the United Kingdom.[2][3]

How little it would take

The second objection is that even an honoured promise leaves the shoe available, and the pretext required is trivial. Kiriakou’s illustration is that staff need only say some prisoner came to them and reported overhearing two men planning to shank Assange; he would then be placed in solitary “for his own safety” and could spend the rest of his sentence there.[3]

He attaches two figures to make the point about duration and severity. The United States has held people in solitary confinement for as long as forty-four years.[3] And the United Nations considers solitary confinement a form of torture at anything beyond fourteen days — a standard he invites doubters to test by locking themselves in a closet for a single day.[4]

See also

References

  1. In Limine Podcast, 2023-02-0653:44 on YouTube · Transcript
  2. In Limine Podcast, 2023-02-0654:15 on YouTube · Transcript
  3. In Limine Podcast, 2023-02-0654:45 on YouTube · Transcript
  4. In Limine Podcast, 2023-02-0655:17 on YouTube · Transcript

Sourced from John Kiriakou's on-record public statements. See his profile for the full body of his interviews, podcast appearances, and short-form video.