Archive for March, 2014

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Making UK Citizens Stateless: Full Text of the Lords’ Debate on Theresa May’s Citizenship-Stripping Powers, March 17, 2014

Yesterday, I published an article entitled, “The UK’s Dangerous and Unacceptable Obsession with Stripping British Citizens of Their UK Nationality,” in which I examined the disturbing trend, under Home Secretary Theresa May, to strip naturalised UK citizens (dual nationals, in other words) of their nationality without any form of due process if she suspects that they have done something “seriously prejudicial” to the UK.

In particular, my article covered Theresa May’s latest plan to extend these tyrannical powers to “deprive someone of their citizenship even if that would make them stateless, but only if the citizenship has been gained through naturalisation and the Home Secretary is satisfied that the deprivation is, in the words of a government new clause introduced by her in the House of Commons, ‘conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom.'”

The words above, by Baroness Smith of Basildon, are from a debate in the House of Lords on March 17, 2014 on Theresa May’s proposals, which are contained in Clause 60 of the proposed new Immigration Act (and entitled, “Deprivation if conduct seriously prejudicial to vital interests of the UK”). Baroness Smith also noted, “Currently, the law allows the Home Secretary to deprive a person of their citizenship status for two reasons: first, if the person acquired it using fraud, false representation or concealment of a material fact; or, secondly, if the Home Secretary is satisfied that, in doing so, it is conducive to the public good and that the person would not be left stateless as a result. Clause 60 seeks to amend the second condition to, in the words of a Minister in the other place, ‘ensure that individuals who are a serious threat to this country cannot retain citizenship simply because deprivation would leave them stateless.'” Read the rest of this entry »

The UK’s Unacceptable Obsession with Stripping British Citizens of Their UK Nationality

In January, Theresa May, the British Home Secretary, secured cross-party support for an alarming last-minute addition to the current Immigration Bill, allowing her to strip foreign-born British citizens of their citizenship, even if it leaves them stateless.

The timing appeared profoundly cynical. May already has the power to strip dual nationals of their citizenship, as a result of legislation passed in 2002 “enabling the Home Secretary to remove the citizenship of any dual nationals who [have] done something ‘seriously prejudicial’ to the UK,” as the Bureau of Investigative Journalism described it in February 2013, but “the power had rarely been used before the current government.”

In December, the Bureau, which has undertaken admirable investigation into the Tory-led mission to strip people of their citizenship, further clarified the situation, pointing out that the existing powers are part of the British Nationality Act, and allow the Home Secretary to “terminate the British citizenship of dual-nationality individuals if she believes their presence in the UK is ‘not conducive to the public good’, or if they have obtained their citizenship through fraud.” The Bureau added, “Deprivation of citizenship orders can be made with no judicial approval in advance, and take immediate effect — the only route for people to argue their case is through legal appeals. In all but two known cases, the orders have been issued while the individual is overseas, leaving them stranded abroad during legal appeals that can take years” — and also, of course, raising serious questions about who is supposedly responsible for them when their British citizenship is removed. Read the rest of this entry »

Sulaiman Abu Ghaith’s Unexpected Testimony in New York Terrorism Trial

On Wednesday, Sulaiman Abu Ghaith (also identified as Sulaiman Abu Ghayth), the Kuwaiti cleric who is on trial in New York accused of terrorism, surprised the court by taking to the witness stand to defend himself.

Abu Ghaith, 48, who was held for over ten years under a form of house arrest in Iran before being freed in Turkey, and, via Jordan, ending up in US custody last year, appeared in broadcasts from Afghanistan immediately after the 9/11 attacks as a spokesman for Al-Qaeda.

He is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists — charges that include the claim that he had knowledge of Al-Qaeda’s operations, including plots involving shoe bombs (for which a British man, Richard Reid, was arrested, tried and convicted in 2002). As the New York Times described it, the government “said in court papers that as part of his role in the conspiracy and the support he provided to Al Qaeda, Mr. Abu Ghaith spoke on behalf of the terrorist group, ’embraced its war against America,’ and sought to recruit others to join in that conspiracy.” Read the rest of this entry »

Guantánamo, Where Unsubstantiated Suspicion of Terrorism Ensures Indefinite Detention, Even After 12 Years

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Last week, in a decision that I believe can only be regarded objectively as a travesty of justice, a Periodic Review Board (PRB) at Guantánamo — consisting of representatives of six government departments and intelligence agencies — recommended that a Yemeni prisoner, Abdel Malik al-Rahabi (aka Abd al-Malik al-Rahabi), should continue to be held. The board concluded that his ongoing imprisonment “remains necessary to protect against a continuing significant threat to the security of the United States.”

In contrast, this is how al-Rahabi began his statement to the PRB on January 28:

My family and I deeply thank the board for taking a new look at my case. I feel hope and trust in the system. It’s hard to keep up hope for the future after twelve years. But what you are doing gives me new hope. I also thank my personal representatives and my private counsel, and I thank President Obama. I will summarize my written statement since it has already been submitted to the board. Read the rest of this entry »

Gitmo Clock Marks 300 Days Since Obama’s Promise to Resume Releasing Guantánamo Prisoners; Just 12 Men Freed

Please visit, like, share and tweet the Gitmo Clock, which I established last year (via the “Close Guantanamo” campaign) to mark how many days it is since President Obama’s promise to resume releasing cleared prisoners from Guantánamo, and how many have been freed.

Today (March 19, 2014), it is 300 days since President Obama promised to resume releasing prisoners from Guantánamo, in a major speech on national security issues last May, and I’m asking you to promote the Gitmo Clock, which I established last year with the designer Justin Norman, to show how many days it is since the promise, and how many prisoners have been released (just 12). At this rate, it will take over five years for all the cleared prisoners at Guantánamo to be released.

When President Obama made his promise, he was responding to widespread criticism triggered by the prisoners themselves, who, in February, had embarked on a major hunger strike — involving nearly two-thirds of the remaining prisoners — and his promise came after a period of two years and eight months in which just five men had been released from Guantánamo.

What was particularly appalling about the release of prisoners being reduced to a trickle was that over half of the men — 86 of the remaining 166 prisoners at the time — had been approved for release from the prison in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 — and some of these men had previously been cleared for release by military review boards under President Bush, primarily in 2006 and 2007. Read the rest of this entry »

From Guantánamo, Khalid Sheikh Mohammed’s Declaration in the New York Trial of Sulaiman Abu Ghaith

So here’s a fascinating document from the trial of Sulaiman Abu Ghaith in New York — a 14-page statement by Khalid Sheikh Mohammed, written in response to questions Abu Ghaith’s lawyers submitted to him at Guantánamo, where he has been held since September 2006, following three and half years in “black sites” run by the CIA, and where, notoriously, he was subjected on 183 occasions to waterboarding, an ancient torture technique that is a form of controlled drowning. I am posting a transcript of the statement below, as I believe it is significant, and it is, of course, rare to hear directly from any of the “high-value detainees” held at Guantánamo, because every word they speak or write is presumptively classified, and the authorities generally refuse to unclassify a single word.

Abu Ghaith (also identified as Sulaiman Abu Ghayth) is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists, primarily for his alleged role as a spokesperson for Al-Qaeda immediately after the 9/11 attacks. Following the US-led invasion of Afghanistan, he fled to Iran, where he was held under a form of house arrest — and where he met and married one of Osama bin Laden’s daughters, who was also held under house arrest — until January 2013, when he was released to Turkey.

It was at this point that the US authorities became aware of his release from Iranian custody. At the request of the US, he was briefly detained, but soon released because he had not committed any crime on Turkish soil. The Turkish government then apparently decided to deport him to Kuwait, but on a stop-over in Amman, Jordan, he was arrested by Jordanian officials and turned over to US officials, who subsequently extradited him to the United States. Read the rest of this entry »

Andy Worthington Joins Dennis Edney, Omar Khadr’s Lawyer, for Amnesty International Event in London, March 18, 2014

Dennis Edney, Omar Khadr’s long-term Canadian civilian lawyer, has been in the UK since last week, on a tour organised by the London Guantánamo Campaign, so I’m posting details of his speaking events for anyone who has not yet heard him talk, and also to notify readers, supporters of Omar Khadr and opponents of  Guantánamo that I’ll be joining Dennis at an event in Amnesty International’s Human Rights Action Centre in Shoreditch tomorrow evening. To support Dennis’s ongoing and extensive legal costs, please visit this page, and to support the costs of the UK tour, please see here.

Regular readers will know that I have been covering Omar’s story since I first began working on Guantánamo eight years ago. I wrote about him in my book The Guantánamo Files, and when I began writing articles on a full-time basis, in June 2007, Omar’s was one of the first cases that I addressed, when he was charged in the second version of the Bush administration’s troubled military commissions, after the first version was thrown out by the US Supreme Court for violating the Uniform Code of Military Justice and the Geneva Conventions — and, specifically, Common Article 3 of the Geneva Conventions, which prohibits torture and humiliating and degrading treatment, and requires any trials to be in “a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

Omar, of course, never received such protections, even when the commissions were revived with Congressional approval, or when, under President Obama, they were brought back for a second time. In the end, to be assured of ever leaving Guantánamo, he accepted a plea deal in October 2010, admitting to war crimes that had been invented by Congress, and, moreover, providing a permanent stain on the reputation of President obama, who not only allowed a plea deal based on invented war crimes to take place, but did so to a former child prisoner (just 15 when he was seized after a firefight in Afghanistan in July 2002), even though, according to the the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, to which both the US and Canada are signatories, juvenile prisoners (those under 18 when their alleged crimes take place) must be rehabilitated rather than punished. Read the rest of this entry »

Nine Years of Hunger Strikes and Force-Feeding at Guantánamo: A Declaration in Support of Emad Hassan by Clive Stafford Smith

Emad Hassan, in a photograph included in the classified military files released by WikiLeaks in April 2011.Last week, I wrote an article, “Guantánamo Prisoner Force-Fed Since 2007 Launches Historic Legal Challenge,” about Emad Hassan, a Yemeni prisoner who is challenging the US authorities’ self-declared right to force-feed him, following a ruling in February by the appeals court in Washington D.C., allowing legal challenges to go ahead and reversing rulings made by lower court judges last summer, who believed that their hands were tied by Bush-era legislation preventing any legal challenges to the running of Guantánamo.

Emad Hassan is one of the most persistent hunger strikers at Guantánamo, and has been on a permanent hunger strike — which has also involved him being force-fed — since 2007. The irony is that, throughout most of this whole period he could have been a free man, as he — along with 74 other men, out of the 154 still held — was cleared for release from Guantánamo by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in January 2009.

That he is held at all is a disgrace, but Yemenis make up 55 of the 75 cleared prisoners, and are held because of concerns about the security situation in their homeland. This is bad enough, given that this is a form of “guilt by nationality” that makes a mockery of establishing a task force review process that is supposed to lead to the release of prisoners, but when it also transpires that some of these men — like Emad — are being force-fed instead of being freed, we are in a place of such dark and surreal injustice that it appears to have no parallel. Read the rest of this entry »

Long-Cleared Algerian Prisoner Ahmed Belbacha Released from Guantánamo

I’m delighted to report that Ahmed Belbacha, an Algerian prisoner, has been released from Guantánamo. It’s always good news when a prisoner is released, and in Ahmed Belbacha’s case it is particularly reassuring, as I — and many other people around the world — have been following his case closely for many years. I first wrote about him in 2006, for my book The Guantánamo Files, and my first article mentioning him was back in June 2007. I have written about his case, and called for his release, on many occasions since.

Ahmed was cleared for release from Guantánamo twice — by a military review board under the Bush administration in February 2007, and by President Obama’s high-level, inter-agency Guantánamo Review Task Force, appointed by the president shortly after taking office in 2009.

Nevertheless, he was terrified of returning home, and, from 2007 onwards, tried to prevent his forced repatriation in the US courts. This seems to have annoyed the authorities in Algeria, as, in 2009, he was tried and sentenced in absentia, receiving a 20-year sentence for membership of a foreign terrorist group abroad. As his lawyers at Reprieve noted, despite repeated requests, no evidence was produced to support the conviction. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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