Clive Stafford-Smith
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Clive Adrian Stafford Smith (born 9 July 1959) is a British attorney who specialises in the areas of civil rights and working against
capital punishment in the United States In the United States, capital punishment (also known as the death penalty) is a legal penalty in 27 states (of which two, Oregon and Wyoming, do not currently have any inmates sentenced to death), throughout the country at the federal leve ...
. He worked to overturn death sentences for convicts, and helped found the not-for-profit Louisiana Capital Assistance Center in
New Orleans New Orleans (commonly known as NOLA or The Big Easy among other nicknames) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the U.S. state of Louisiana. With a population of 383,997 at the 2020 ...
. By 2002 this was the "largest capital defence organisation in the South.""The Great Defender"
, ''
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
'', 11 March 2002. Retrieved 22 April 2016
He was a founding board member of the Gulf Region Advocacy Center, based in
Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...
, Texas. In addition, he has represented more than 80 of the detainees held as
enemy combatants Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of t ...
since 2002 at the
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
. As of February 2021, a total of 40 men are still held there. In August 2004, Stafford Smith returned from the U.S. to live and work in the United Kingdom. He is the co-founder of Reprieve, a human rights not-for-profit organisation. He left after 15 years, and has now established a new non-profit called 3DCentre. In 2005 he received the
Gandhi International Peace Award The Gandhi Foundation is a United Kingdom-based voluntary organisation which seeks to further the work of Mahatma Gandhi through a variety of educational events and activities. Aims and activities As part of its mission, the Gandhi Foundation ...
.


Background

Born in
Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
and educated at
Old Buckenham Hall School Old Buckenham Hall School (commonly known as OBH) is a day and boarding preparatory school with pre-prep for boys and girls in the village of Brettenham, Suffolk, England. Founded in 1862, the school has been on its current site since 1956, ...
and
Radley College Radley College, formally St Peter's College, Radley or the College of St. Peter at Radley, is a Public school (United Kingdom), public school (independent boarding school) for boys near the village of Radley, in Oxfordshire, in the United Kingd ...
, Clive Stafford Smith studied journalism as a Morehead Scholar at the
University of North Carolina at Chapel Hill The University of North Carolina at Chapel Hill (UNC, UNC–Chapel Hill, or simply Carolina) is a public university, public research university in Chapel Hill, North Carolina, United States. Chartered in 1789, the university first began enrolli ...
. He followed this degree with another in law at
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
in New York. He is licensed to practise law in the state of
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
.


Law career in the United States

Stafford Smith worked for the Southern Prisoners' Defense Committee, based in
Atlanta Atlanta ( ) is the List of capitals in the United States, capital and List of municipalities in Georgia (U.S. state), most populous city in the U.S. state of Georgia (U.S. state), Georgia. It is the county seat, seat of Fulton County, Georg ...
, now known as the
Southern Center for Human Rights The Southern Center for Human Rights is a non-profit public interest law firm dedicated to enforcing the civil and human rights of people in the criminal justice system in the South. Based in Atlanta, Georgia, it has won cases in several state ...
, and on other campaigns to help convicted defendants sentenced to capital punishment. He was featured in '' Fourteen Days in May'' (1987), a documentary showing the fortnight prior to the execution of
Edward Earl Johnson Edward Earl Johnson (June 22, 1960 – May 20, 1987) was a man convicted in 1979 at the age of 18 and subsequently executed by the U.S. state of Mississippi for the murder of a policeman, J.T. Trest, and the sexual assault of a 69-year-old woma ...
in
Mississippi State Penitentiary Mississippi State Penitentiary (MSP), also known as Parchman Farm, is a maximum-security prison farm located in the unincorporated community of Parchman in Sunflower County, Mississippi, in the Mississippi Delta region. Occupying about of la ...
. It was aired on the
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
. Stafford Smith had acted as Johnson's attorney and was seen trying to halt the execution. In a follow-up documentary, Stafford Smith conducted his own investigation into the murder case for which Johnson had been executed. In 1993, he helped set up a new justice center for prisoner advocacy in
New Orleans New Orleans (commonly known as NOLA or The Big Easy among other nicknames) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the U.S. state of Louisiana. With a population of 383,997 at the 2020 ...
. Formerly named the Louisiana Crisis Assistance Center, it is now known as the Louisiana Capital Assistance Center (LCAC). He represented the paedophile Ricky Langley, who was convicted of murder and sentenced to death. The jurors accepted that the accused was suffering from mental illness, but condemned Langley to capital punishment. The conviction was reversed, and Stafford Smith facilitated a meeting where Ricky apologised to the mother of his victim, Jeremy Guillory.
Lorilei Guillory ''Lorilei: A Meditation on Loss'' is a 2003 play by Tom Wright and Nicholas Harrington, based on a capital murder trial in Louisiana, United States. Theme The play tells the true story of Lorilei Guillory, whose six-year-old son, Jeremy, was ...
asked the DA to drop the death penalty, which he denied. She testified that Ricky should be in a mental hospital rather than prison, saying "I think he is mentally ill." In 2002, Stafford Smith became a founding board member of the Gulf Region Advocacy Center, a non-profit law office based in
Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...
, Texas. It was designed to bring his legal methods developed at LCAC into the "capital of capital punishment", as Texas had the highest number of executions in the United States.


Guantánamo detainees

After returning to Britain, Stafford Smith worked as the founder of Reprieve, a British non-profit NGO that is opposed to the death penalty. During his career in the U.S., by 2002 Stafford Smith had lost appeals in six death penalty cases, but had won nearly 300, earning reprieves from execution for those convicts and exonerating a number of them. From 2002 Stafford Smith volunteered his services to detainees held as enemy combatants at the United States detainment camp at Guantanamo Bay, established under President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
as part of the Global War on Terror. Stafford Smith has assisted in filing ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' petitions and lawsuits on behalf of scores of detainees. His clients have included
Shaker Aamer Shaker Abd al-Rahim Muhammad Aamer (; born 21 December 1966)Jamil al Banna, Sami Al Hajj, Sami Al Laithi,
Abdul Salam Gaithan Mureef Al Shehry A total of 134 Saudi citizens have been held in the United States' Guantanamo Bay detention camps at its naval base in Cuba since January 2002. Most had been swept up in Afghanistan following the US invasion in the fall of 2001, and they were clas ...
,
Moazzam Begg Moazzam Begg (; born 5 July 1968 in Sparkhill, Birmingham) is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, for ...
, Omar Deghayes, Jamal Kiyemba, Binyam Mohammed and
Hisham Sliti Hisham Sliti, is a citizen of Tunisia and France who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 174. The list of the names of all the Guantanamo deta ...
. In a BBC interview, when asked why he was representing detainees, Stafford Smith answered that "liberty is eroded at the margins". He returned to Britain in August 2004. That December he prepared a 50-page brief outlining a possible defences against execution for
Saddam Hussein Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...
, arguing that the former dictator should be tried in the Hague under international law. On 29 August 2005, Stafford Smith addressed attendees at the
Greenbelt festival Greenbelt Festival is a festival of arts, faith and justice held annually in England since 1974. Greenbelt has grown out of an evangelical Christian music festival with an audience of 1,500 young people into its current form, a more inclusive f ...
, a major UK Christian festival, telling them about the second hunger strike at Guantanamo. He warned the audience that prisoners were likely to die very soon. Due to restrictions imposed by the
United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...
, lawyers' notes must be filed with an intelligence clearing house in Virginia, before release. Conversations with clients are considered classified, and cannot be discussed until they have full clearance. Smith had to wait until 27 August 2005 to publicly reveal that the hunger strikes had started again on 5 August 2005. A number of his clients, including Binyam "Benjamin" Mohammed and
Hisham Sliti Hisham Sliti, is a citizen of Tunisia and France who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 174. The list of the names of all the Guantanamo deta ...
, participated in the hunger strikes. In an interview broadcast by
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
television evening news on 9 September 2005, Stafford Smith said that the second hunger strike was to protest against the imprisonment of juveniles under the age of 18 in Guantanamo Bay. Stafford Smith contributed to ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' with an opinion piece on the significance of the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
's 29 June 2006 ruling in ''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Milit ...
,'' which found the
Combatant Status Review Tribunals The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were establish ...
and military commissions to be unconstitutional. The Court held that the executive branch did not have the authority to set up a justice system outside the existing civil and military legal systems."A good day for democracy: The ruling against the Guantanamo tribunals is good news for everyone — even George Bush"
, ''The Guardian'', 30 June 2006.
Stafford Smith thought that
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
should have been secretly relieved that the more conservative members of the Supreme Court, who supported the administration's appeal against the lower court's ruling, were in the minority. He wrote:
In the end, I suspect there was a collective sigh of relief from the White House that the lunatic fringe did not prevail. The Bush administration has finally recognized that it must close Guantánamo but—for all that Bush bangs on about the importance of personal responsibility—it wanted someone else to take the blame.
Stafford Smith published a memoir about his experiences at Guantanamo, ''Bad Men: Guantánamo Bay and the Secret Prisons'' (2007). It was shortlisted for the 2008
Orwell Prize The Orwell Prize is a British prize for political writing. The Prize is awarded by The Orwell Foundation, an independent charity (Registered Charity No 1161563, formerly "The Orwell Prize") governed by a board of trustees. Four prizes are award ...
for political writing. Interviewed by Jon Snow of ''
Channel 4 News ''Channel 4 News'' is the main news programme on British television broadcaster Channel 4. It is produced by ITN, and has been in operation since Channel 4's launch in November 1982. Current productions ''Channel 4 News'' ''Channel 4 News'' ...
'' on 26 March 2009, Stafford Smith said about the treatment of detainees, "I would go one step further: the torture decisions were being made in the
White House The White House is the official residence and workplace of the president of the United States. Located at 1600 Pennsylvania Avenue Northwest (Washington, D.C.), NW in Washington, D.C., it has served as the residence of every U.S. president ...
, by the
National Security Council A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a n ...
,
Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...
and
Condoleezza Rice Condoleezza "Condi" Rice ( ; born November 14, 1954) is an American diplomat and political scientist serving since 2020 as the 8th director of Stanford University's Hoover Institution. A member of the Republican Party, she previously served ...
." He asserted that although the British had not carried out the torture, they were complicit in it. Stafford Smith concluded that, in trying to keep the torture allegations secret, American authorities were "confusing national security with national embarrassment". In July 2010, Stafford Smith accused former Foreign Secretary
David Miliband David Wright Miliband (born 15 July 1965) is the president and chief executive officer (CEO) of the International Rescue Committee and a former British Labour Party politician. He was the Foreign Secretary from 2007 to 2010 and the Member o ...
of fighting to prevent the release of vital documents during the Binyam Mohamed case. On 9 June 2015, he told an audience that he had visited the facility 34 times. In 2013, he went on hunger strike as part of a campaign for the release of Guantanamo detainee
Shaker Aamer Shaker Abd al-Rahim Muhammad Aamer (; born 21 December 1966)We Are Not Ghouls'', about his work with JAG attorney Yvonne Bradley to free Guantanamo detainee
Binyam Mohamed Binyam Ahmed Mohamed (, , born 24 July 1978), also referred to as Benjamin Mohammed, Benyam Mohammed or Benyam Mohammed al-Habashi, is an Ethiopian national and United Kingdom resident, who was detained as a suspected enemy combatant by the US Go ...
.


Awards

* Appointed
Officer of the Order of the British Empire The Most Excellent Order of the British Empire is a British order of chivalry, rewarding valuable service in a wide range of useful activities. It comprises five classes of awards across both civil and military divisions, the most senior two o ...
(OBE) in the 2000 New Years' Honours list "for humanitarian services in the legal field" * Honorary Doctorate of Law by the
University of Wolverhampton The University of Wolverhampton is a public university in Wolverhampton, Wolverhampton, England, located on four campuses across the West Midlands (county), West Midlands, Shropshire and Staffordshire. Originally founded in 1827 as the Wolverham ...
2001, for his work fighting the death penalty in America * Lifetime Achievement Award from ''
The Lawyer ''The Lawyer'' is a legal business information product for law firm leaders, commercial lawyers, barristers A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advoc ...
'' Magazine (2003) * Benjamin Smith Award from the ACLU of Louisiana (2003) * Soros Senior Fellow, Rowntree Visionary (2005) *
Gandhi International Peace Award The Gandhi Foundation is a United Kingdom-based voluntary organisation which seeks to further the work of Mahatma Gandhi through a variety of educational events and activities. Aims and activities As part of its mission, the Gandhi Foundation ...
2005, for his work representing Guantanamo detainees and campaigning against
extraordinary rendition Extraordinary rendition is a euphemism, euphemistically-named policy of state-sponsored abduction in a foreign jurisdiction and transfer to a third state. The best-known use of extraordinary rendition is in a United States-led program during th ...
. * Lannan Foundation Cultural Freedom Award (2008) * International Freedom of the Press Award (2009) * International Bar Association's Human Rights Award (2010) * Honorary Doctorate by
Bournemouth University Bournemouth University is a public university in Bournemouth, England, with its main campus situated in neighbouring Poole. The university was founded in 1992; however, the origins of its predecessor date back to the early 1900s. The universi ...
(2011) * Honorary Degree (Doctor of Laws) by
University of Bath The University of Bath is a public research university in Bath, England. Bath received its royal charter in 1966 as Bath University of Technology, along with a number of other institutions following the Robbins Report. Like the University ...
(2011) * Honorary Degree (Doctor of Laws) by
London Metropolitan University London Metropolitan University, commonly known as London Met, is a public university, public research university in London, England. The University of North London and London Guildhall University merged in 2002 to create the university. The Un ...


Publications

*''Welcome To Hell: Letters and Writings from Death Row,'' edited by
Helen Prejean Helen Prejean ( ; born April 21, 1939) is a Catholic religious sister and a leading American advocate for the abolition of the death penalty. She is known for her best-selling book '' Dead Man Walking'' (1993) based on her experiences with two ...
, Clive Stafford Smith, and Jan Arriens (Northeastern; 2nd edition, 2004) *''The Eight O'Clock Ferry to the Windward Side: Fighting the Lawless World of Guantanamo Bay'' (Nation, 2007) *''Bad Men: Guantánamo Bay and the Secret Prisons'' (Weidenfeld & Nicolson, 2007). Details his work for detainees in Guantanamo Bay, and criticises advocates of torture. *''Injustice: Life and Death in the Courtrooms of America'' (Harvill Secker, 2012)


References


External links


Reprieve UK
– Stafford Smith is Legal Director
"The Great Defender"
''
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
'', 11 March 2002
"Do Non-Americans Have Human Rights?"
an interview in '' Mother Jones'', 23 February 2005 *
"Clive Stafford Smith: US Holding 27,000 in Secret Overseas Prisons
" ''
Democracy Now! ''Democracy Now!'' is an hour-long TV, radio, and Internet news program based in Manhattan and hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live ...
'' 19 May 2008 * {{DEFAULTSORT:Stafford Smith, Clive 1959 births Living people British lawyers Capital punishment in Louisiana Guantanamo Bay attorneys Officers of the Order of the British Empire People educated at Radley College People from Cambridge UNC Hussman School of Journalism and Media alumni Columbia Law School alumni Gandhi International Peace Award recipients British anti–death penalty activists British republicans