- Matthew Diaz
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For the Major League baseball player, see Matt Diaz.
Matthew Mark Diaz is a former active-duty Lieutenant Commander (LCDR) and Judge Advocate General's Corps (JAGC) officer in the United States Navy.[1][2] In mid-to-late 2004, Diaz served a six month tour of duty in Guantanamo Bay, Cuba as deputy director of the detention center's legal office.[3] Early in 2005 as LCDR Diaz was concluding his tour, he sent an anonymous greeting card to The Center for Constitutional Rights, a New York civil liberties and human rights group. The card contained the names of the detainees held at the Guantanamo Bay detention camp.[4] In July 2006, the United States government formally charged Diaz in a military court with five criminal counts related to the sending of these names, the most serious being that he intended to harm national security or advantage a foreign nation, a violation of the Espionage Act. In May 2007, he was convicted by a seven-member jury of military officers on 4 of 5 counts. He served a 6-month prison sentence and was dismissed from the military.
In April 2008, he was awarded the Ridenhour Prize for Truth Telling.[5]
Contents
Family background
Diaz was born in 1965 in Gary, Indiana. He is one of six children. Diaz is a father to three children. His father is Robert Diaz, a California Registered Nurse convicted in 1984 for the murders of a dozen patients at two southern California hospitals. Robert Diaz's conviction was controversial, and he maintained his innocence until his death in 2010.[6][7] Matthew Diaz dropped out of high school to enlist in the U.S. Army at the age of 17. He obtained his GED and a Bachelor's degree in Criminology during his nearly nine years of Army service. After obtaining his law degree at Washburn University School of Law in 1994, Diaz was commissioned as a naval officer in the U.S. Navy's Judge Advocate General's Corps. He continues to play an active role in the life of his three children.
Military career
Diaz spent most of his adult life in military service.[8] The Virginian-Pilot reports that Diaz served eight years as an enlisted man in the United States Army, prior to being commissioned in the USN's Judge Advocate General Corps. Matthew Diaz served his country as a deputy staff judge advocate at Guantánamo. Diaz received numerous awards throughout his career and received the highest praises of his superiors in annual fitness reports.
Charges
On July 28, 2006, Diaz was formally charged with improperly mailing suspected classified information about detainees in the Guantanamo Bay detainment camps to an individual unauthorized to receive it, in this case the Center for Constitutional Rights.[8] Diaz was convicted and on May 18, 2007, he was sentenced to six months in prison and faced dismissal from the Navy.[9]
Scott Horton wrote:
Matthew Diaz found himself in a precarious position—as a uniformed officer, he was bound to follow his command. As a licensed and qualified attorney, he was bound to uphold the law. And these things were indubitably at odds.
The suspect document
Barbara Olshansky, of the Center for Constitutional Rights, was the recipient of the document, placed alongside an unmarked Valentines Day card.[11][12] While Olshansky had requested a list of all detainees being held at Guantanamo Bay detainment camps, the military had failed to provide one. The list provided by Diaz contained the names of 550 captives. The list had seven fields per entry.[13] The 558 names in the official list of captives whose enemy combatant status was confirmed by a Combatant Status Review Tribunal had just three fields. According to the background page to the charges against Diaz, the other six fields of the entries describing captives were:
Internment Serial Number - The two official lists both contain an ISN, which seems to be some kind of identification number, but they don't say what it is.
- The ISN numbers of the 759 captives on the two official lists ran from 2 through 1457, with the exception of six captives who were captured in Bosnia, and Martin Mubanga who was captured in Africa. Their ISNs were in the range 10001 through 10007. The 14 high value captives transferred from CIA custody to military custody in Guantanamo are had ISN's in the range 10011 through 10024.
Source Identification number (if present) ? GTMO Identification number ? nationality country of citizenship
Both of the official lists name just one country associated with each captive. Collection Management & Dissemination team number ? The captives' names had not, at that time, been officially confirmed.[12] Olshansky did not know what to make of receiving the list in this manner, so she contacted Federal authorities.
Diaz was not directly involved in either the defense or prosecution of the ten detainees who faced charges before the Guantanamo military commissions.[8] He served as a legal advisor to the JTF-GTMO, the command responsible for detention operations.
Profiled in The Guantanamo trap
Diaz was one of the four individuals profiled in the award-winning documentary The Guantanamo trap.[14] The other three individuals were Murat Kurnaz, a former Guantanamo captive; Diane Beaver, another military lawyer, best known for drafting a memo later called "the torture memo"; and Gonzalo Boye a Spanish lawyer who tried to lay charges, in Spain, against individuals he saw as responsible for war crimes committed in Guantanamo.
References
- ^ U.S. Navy says officer passed secret Guantanamo data, Washington Post, August 30, 2006
- ^ Sung, Michael (May 19, 2007). "Former Guantanamo military lawyer sentenced to 6 months for leaking names". Jurist Legal News and Research (University of Pittsburgh School of Law). http://jurist.law.pitt.edu/paperchase/2007/05/former-guantanamo-military-lawyer_19.php. Retrieved 2007-05-19.
- ^ Rosenburg, Carol (May 17, 2007). "Naval lawyer guilty of spilling captives' names". MiamiHerald.com (Miami Herald). Archived from the original on 2007-05-20. http://web.archive.org/web/20070520055328/http://www.miamiherald.com/466/story/110354.html. Retrieved 2007-05-19.
- ^ Egerton, Brooks (May 18, 2007). "'Moral decision' jeopardizes Navy lawyer's career". DallasMorningNews.com (The Dallas Morning News). http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/051807dnproguantanamo.7b28e8e1.html. Retrieved 2007-05-19.
- ^ http://www.ridenhour.org/recipients_03f.shtml
- ^ Tim Golden (October 21, 2007). "Naming Names at Gitmo". The New York Times. http://www.nytimes.com/2007/10/21/magazine/21Diaz-t.html?pagewanted=4&_r=1. Retrieved 2007-10-26.
- ^ Joe Conason. "A truth teller who deserves justice". http://www.salon.com/opinion/conason/2008/04/04/diaz_gitmo/index.html. Retrieved 2008-04-04.
- ^ a b c Navy lawyer once posted at Cuba base is charged, Virginian Pilot, August 29, 2006
- ^ Jury Recommends 6 Months for Topeka Lawyer, WIBW-TV, May 18, 2007
- ^ Scott Horton (2008-04-08). "A Tale of Three Lawyers". Harpers magazine. Archived from the original on 2009-04-04. http://www.webcitation.org/query?url=http%3A%2F%2Fharpers.org%2Farchive%2F2008%2F04%2Fhbc-90002819&date=2009-04-04. Retrieved 2009-04-04.
- ^ Navy lawyer convicted of leaking Guantanamo names
- ^ a b Jeannie Shawl (May 9, 2007). "Jury selection begins in Guantanamo names court-martial". The Jurist. http://jurist.law.pitt.edu/paperchase/2007/05/jury-selection-begins-in-guantanamo.php. Retrieved 2007-05-09.
- ^ "Response to Government motion requesting an Article 39a session and Defense motion to suppress evidence (.doc)" (DOC). Department of the Navy General Court-Martial Navy and Marine Corps Trial Judiciary Central Judicial Circuit. March 12, 2007. http://www.cnrma.navy.mil/cnrma05/Public%20Affairs/press%20releases/07-01%20LCDR%20DIAZ%20REFERRED%20TO%20GCM.doc. Retrieved May 9, 2007.
- ^ "Documentary holds up four-sided mirror to Guantanamo Bay". Deutche World. 2011-08-29. http://www.dw-world.de/dw/article/0,,15350682,00.html. Retrieved 2011-11-18. "As a Navy lawyer at Guantanamo Bay, Matt Diaz copied a list of prisoners and posted it to a human rights organization in New York, morally compelled to speak out against the atrocities he had witnessed at Guantanamo. His thanks came in the form of deafening silence from human rights defenders and a six-month prison sentence for defying his superiors and his government." mirror
External links
- Affidavit of Mr. Michael Sweedo, March 1, 2007
- Defense motion to dismiss - Multiplicity and unreasonable multiplication of charges, March 12, 2007
- Defense motion for appropriate relief - Compel expert assistance, March 12, 2007
- Defense response to government motion for appropriate relief - Article 133 maximum punishment, March 31, 2007
- Government motion in limine to exclude testimony regarding certain information, April 13, 2007
- Defense response to government motion in limine to exclude certain evidence, April 23, 2007
- Memorandum Ruling - Defense motion to suppress, April 25, 2007
- Letter from defense counsel to Commander, Joint Task Force - Guantanamo Bay, April 25, 2007
- Defense motion to reconsider defense motion to suppress, April 26, 2007
- "The Persecution of LtCmdr Matthew Diaz", May 14, 2007, Scott Horton, Harpers Magazine
- "The National Lawyers Guild Denounces Diaz Sentencing", May 23, 2007
Categories:- Living people
- United States Navy officers
- Guantanamo Bay attorneys
- American whistleblowers
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