Ammar al Baluchi [The Rendition Project backgrounder], a forty-one-year old Pakistani national accused of helping to plan the 9/11 terrorist attacks, has filed a motion in military court requesting it to strike down the Defense Department‘s [official website] restrictions on his ability to create and distribute artwork.

al Baluchi had been creating his artwork in his cell at Guantanamo and wants to be able to publicly distribute it, but he has thus far been blocked from giving his artwork to attorneys and has found it increasingly difficult to be able to draw or paint because of the new restrictions.

These restrictions came about as a consequence to an art exhibition titled “Ode to the Sea” held between early October and late January that received widespread public attention, including coverage in over two hundred articles and editorials worldwide. According to the curator of the exhibition, Erin Thompson, al Baluchi’s artwork were among those that received said public attention. One of these artworks depicts the aftermath of al Baluchi’s torture while in CIA custody.

The media exposure for al Baluchi’s artwork led to references in the articles to al Baluchi’s pending military commission proceedings and his years of CIA torture. In November 2017 and for months thereafter, apparently in response to the increasing attention received by al Baluchi’s artwork, the DOD made public statements effectively declaring all Guantánamo detainee art as federal government property covered by the military commission’s privileged written communications order.

Furthermore, JDG Commander Rear Admiral Edward Cashman in February justified these public statements and the decision to stop the transfer of detainee-made objects off Guantánamo as a “policy decision.” Since then, al Baluchi has been unable to distribute any of his artwork despite heavy demand from museums, public space exhibitions, and even journalists wishing to discuss his story through his artwork.

Lawyer for al Baluchi and Human Rights Counsel at the Guantánamo Bay Military Commissions, Alka Pradhan [official profile], has made several legal arguments through the motion to strike down the restrictions imposed on the distribution of al Baluchi’s artwork including US copyright law. But Pradhan’s primary argument has centered on the artwork’s potential to serve as an effective form of treatment for trauma and al Baluchi’s right of access to such a treatment—i.e. his right to create and publicly release art as therapy for his torture.

While some family members of 9/11 victims have expressed anger and frustration at the idea of al Baluchi’s ability to create and/or distribute art, Pradhan responded [WT report]: “you cannot discount every possible method of humanizing these men to the public when they have been so dehumanized by the government for so long.” Pradhan added that al Baluchi’s art can help present him as more human to military officers tasked with putting him to death.

The motion contains as many 14 declarations including those of two separate family members [PDF] of 9/11 victims and a decorated Iraq war veteran [PDF] who have come in support of al Baluchi’s right to create and distribute his artwork. Other supporting declarations include those of a copyright law expert [PDF] and several art therapists. According to Pradhan, a hearing is expected on the motion in May.