Archive for September, 2016

Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,” have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Surprise as Tories Judge that Compulsory Purchases for the Regeneration of Southwark’s Aylesbury Estate Breach Leaseholders’ Human Rights

One of the main blocks on the Aylesbury Estate in Walworth, south east London, photographed in November 2012 (Photo: Andy Worthington).It was with some shock that, two weeks ago, I read the following headline in the Guardian: “Government blocks plan to force out London estate residents.”

The article was about the Aylesbury Estate in Walworth, south east London, one of the largest estates in western Europe, built between 1967 and 1977. Labour-held Southwark Council is in the process of destroying the estate, replacing it with new, privately-funded housing in which genuinely affordable flats will be almost non-existent, and ensuring that many of the estate’s residents are socially cleansed out of London — or at least have to move to less desirable boroughs than Southwark.

At the Aylesbury, the council is working with Notting Hill Housing, a former social homebuilder that has enthusiastically embraced the drive towards building private housing and offering unhelpful — and not genuinely affordable — part-rent, part-buy options for former social renters that has been prompted by government cuts.

Astonishingly, this is the same Southwark Council that engaged in social cleansing at Walworth’s other huge estate, the Heygate, for which they were soundly criticised. The estate was sold for a pittance to the Australian developers Lendlease, who are currently building a monstrous new private estate, Elephant Park, which features no genuinely affordable social housing. The Heygate’s tenants, meanwhile, have ended up scattered across south east London, Kent and beyond, as the graph below shows. Read the rest of this entry »

Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law

A sign for the military commissions at Guantanamo. Behind is the first courtroom used for the commissions, which is no longer in use, but photos of the current courtroom are not allowed. (Photo: Cora Currier/ProPublica).I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Here at “Close Guantánamo,” as we continue to monitor the situation at Guantánamo in the dying days of the Obama presidency, we remain concerned for all the categories of men held. Of the last 61 men in the prison the statistics are as follows:

  • 20 men have been approved for release.
  • 23 have had their ongoing imprisonment approved by Periodic Review Boards.
  • Eight are awaiting decisions by Periodic Review Boards.
  • Ten are facing — or have faced — trials.

Of the men approved for release, seven have been languishing at Guantánamo since the high-level, inter-agency Guantánamo Review Task Force made decisions about what should happen to the prisoners in 2009, while the other 13 have been approved for release in the last two and a half years by the latest review process, the Periodic Review Boards (for further information, see our definitive Periodic Review Board list). All of these men should be released as soon as possible. Read the rest of this entry »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

Andy Worthington: An Archive of Guantánamo Articles and Other Writing – Part 19, July to December 2015

Andy Worthington with Shaker Aamer, after his release from Guantanamo, at a meeting in the House of Commons in November 2015.Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

This article is the 19th in an ongoing series of articles listing all my work in chronological order. It’s a project I began in January 2010, when I put together the first chronological lists of all my articles, in the hope that doing so would make it as easy as possible for readers and researchers to navigate my work — the 2,690 articles I have published since I began publishing articles here in May 2007, which, otherwise, are not available in chronological order in any readily accessible form.

It is also a project for which I receive no funding, so, if you appreciate what I do as a reader-funded journalist and activist, please consider making a donation via the Paypal ‘Donate’ button above. Any amount, however large or small, will be very gratefully received.

I first began researching the Bush administration’s “war on terror” prison at Guantánamo, and the 779 men (and boys) held there almost exactly 11 years ago, in September 2005, and I began researching and writing about the prison and the prisoners on a full-time basis ten and a half years ago, in March 2006, when the Pentagon lost a FOIA lawsuit and was obliged to release 8,000 pages of documents relating to the prisoners, and which, I was surprised to learn, I was the only person in the world to analyze in depth. Initially, I spent 14 months researching and writing my book The Guantánamo Files, based on those documents, and, since May 2007, I have continued to write about the men held there, at first on a daily basis, and for the last few years every couple of days, as an independent investigative journalist, commentator and activist — for two and a half years under President Bush, and, shockingly, for what is now nearly eight years under President Obama. Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

Former Child Prisoner at Guantánamo, Tortured in Jordan, Is the Last of 64 Men to Face a Periodic Review Board

Yemeni prisoner Hassan bin Attash, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 8, Guantánamo prisoner Hassan bin Attash, born in Saudi Arabia to Yemeni parents, who appears to have been just 17 years old when he was seized in a house raid in Pakistan and sent to Jordan to be tortured, became the last of 64 prisoners to face a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force) and were not facing trials (just ten of the 61 men still held), the PRBs have played an important role in reducing the prison’s population in President Obama’s last year in office.

Consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, the PRBs function like parole boards, assessing prisoners’ contrition, and plans for the future that will mitigate any concerns about them engaging in terrorism or military activity against the US after their release.

To date, 33 men have been approved for release by the PRBs (and 20 of those men have been freed), while 19 others have had their ongoing imprisonment without charge or trial upheld — although all are entitled to further reviews at which they and their attorneys can submit further information in an effort to change the board’s opinion. Purely administrative file reviews take place every six months, and, every three years, prisoners are entitled to full reviews, although in reality those that have taken place — for four men, who all ended up with recommendations for their release — have occurred sooner (between ten months and two years after their initial PRBs). See my definitive Periodic Review Board list on the Close Guantánamo website for further details. Read the rest of this entry »

My Photos of the Refugees Welcome March in London, Sept. 17, 2016

Refugees Welcome Here: the march in London on September 17, 2016 (Photo: Andy Worthington).See my photos on Flickr here – and, to show solidarity, join the more than 1.3m people who have signed the petition to the UN endorsing the UN Refugee Agency’s belief that all refugees deserve to live in safety.

Yesterday (September 17), a “Refugees Welcome Here” march and rally took place in London, following up on a massive march in support of refugees that took place in March, which I photographed and wrote about here. Organised by Solidarity with Refugees, the event (on Facebook here) had the support of dozens of organisations, including Action Aid, Amnesty International UK, Freedom From Torture, Friends of the Earth, Help Refugees UK (the main provider of support in Calais), Hope Not Hate, Oxfam and Stand Up to Racism.

There were many thousands of people on the march, which was colourful, noisy and positive, with numerous passionate and poignant handwritten placards and banners, as well as placards produced by some of the many organisations supporting the march.

However, it was impossible not to be disappointed that there were not many more people marching, as the largest humanitarian crisis in the lifetimes of anyone born after the Second World War continues. The statistics are sobering and horrific. As the Observer reported today, in an article entitled, “Why won’t the world tackle the refugee crisis?”: Read the rest of this entry »

PLEASE HELP! Quarterly Fundraiser Day 5 – Still Seeking $3000 (£2250) for My Guantánamo Work

Andy Worthington addressing campaigners in Florida, outside the entrance to US Southern Command, on January 9, 2016 (Photo: Medea Benjamin for Andy Worthington).Please support my work!

 

Dear friends and supporters,

Every three months I ask you, if you can, to make a donation to support my work on Guantánamo and related issues. As an independent researcher, commentator and campaigner, without any institutional backing, I cannot do what I do without your support; or, to put it another way, the majority of the 50 or so articles I write every quarter are written for free, and it is only through your donations that I get paid.

The $3500 (£2600) I seek every quarter works out at only about $70 (£50) per article — not a huge amount, I hope you’ll agree, but considerably more than nothing.

So please, if you can help out at all, click on the “Donate” button above to donate via PayPal (and I should add that you don’t need to be a PayPal member to use PayPal). Read the rest of this entry »

Long-Term Hunger Striking Pakistani Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at the legal action charity Reprieve.

Please support my work! I’m currently trying to raise $3000 (£2250) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 1, Ahmed Rabbani (ISN 1461), a Pakistani prisoner at Guantánamo (also identified as Ahmad Rabbani, and known to the the US authorities as Mohammed Ahmed Ghulam Rabbani), became the 63rd — and penultimate — prisoner to face a Periodic Review Board. A long-term hunger striker, he was described as looking “frail” by Courthouse News, which also noted that he “has a long, thick black beard and wore a white covering on his head,”, and that, “Leaning forward with his arms folded on the table in front of him during the hearing, [he] seemed slight, especially when he raised his arm and the sleeve of the loose, white shirt he wore slid down his thin bicep.”

Seized in Karachi, Pakistan on September 9, 2002, with his brother Abdul Rahim, whose PRB took place on July 7, he was regarded as an al-Qaeda facilitator, and was held and tortured in CIA “black sites” for two years, before arriving at Guantánamo with nine other allegedly “medium-value detainees” in September 2004. The US still regards him as an al-Qaeda supporter, although his lawyers argue that he is a case of mistaken identity, and that he wishes only to be reunited with his family and live in peace.

The Periodic Review Boards, as I explained at the time of Abdul Rahim’s review, “were set up in 2013 to review the cases of all the men not already approved for release or facing trials. These men were described by the government task force that reviewed their cases in 2009 as ‘too dangerous to release,’ despite a lack of evidence against them, or were recommended for prosecution, until the basis for prosecution largely collapsed. The PRBs have been functioning like parole boards, with the men in question — 64 in total — having to establish, to the satisfaction of the board members, made up of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, that they show remorse for their previous actions, that they bear no ill-will towards the US, that they have no associations with anyone regarded as being involved in terrorism, and that they have plans in place for their life after Guantánamo, preferably with the support of family members.” 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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