Archive for October, 2021

Yemeni Torture Victim and Insignificant Afghan Approved for Release from Guantánamo by Periodic Review Boards

Guantánamo prisoners Sanad al-Kazimi and Asadullah Haroon Gul, who have been approved for release by Periodic Review Boards.

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Fresh from the news that Pakistani torture victim Ahmed Rabbani has been approved for release from Guantánamo by a Periodic Review Board, a parole-type process established by President Obama, comes the further revelation that two more “forever prisoners” have also been approved for release — Sanad al-Kazimi, a Yemeni, and Asadullah Haroon Gul, one of the last two Afghans in the prison.

The approval for the release of both men is long overdue, but it is reassuring that, after nearly 20 years, it has finally become unfashionable for the US government to suggest that men who have never been charged or tried can be held indefinitely in the notorious offshore prison at the US’s naval base in Cuba. This year, letters to President Biden from 24 Senators and 75 members of the House of Representatives have spelled out, in no uncertain terms, how men who have not been charged with crimes must be released.

In the case of Asadullah Haroon Gul, held at Guantánamo since 2007, the US’s reasons for holding him evaporated many years ago. Despite his youth (he was only around 19 years old when the US-led coalition invaded Afghanistan in October 2001), he had allegedly held some kind of leadership position in Hezb-e-Islami Gulbuddin (HIG), the militia led by the former warlord Gulbuddin Hekmatyar. A recipient of significant US funding during the time of the Soviet occupation, Hekmatyar had turned against the US following the invasion in October 2001, but in recent years had joined the Afghan government via a peace deal in 2016 that had led to HIG members being released from prison (and one, sent to the UAE from Guantánamo, being repatriated).

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Torture Victim Ahmed Rabbani, A Case of Mistaken Identity, Approved for Release from Guantánamo

Guantánamo prisoner and torture victim Ahmed Rabbani, who has just been approved for release from the prison via a Periodic Review Board.

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Via Middle East Eye, and reporter Peter Oborne (formerly the chief political columnist of the Daily Telegraph, until his resignation in 2015), comes the welcome news that Guantánamo prisoner and torture victim Ahmed Rabbani has been approved for release from the prison via a Periodic Review Board, a parole-type process established in 2013 by President Obama.

Oborne was told about Rabbani’s approval for release by his lawyer, Clive Stafford Smith, the founder of Reprieve. “Even if it is nearly two decades late, it is fabulous that Ahmed has been cleared for release,” Stafford Smith said.

A Pakistani national of Rohingya origin, Rabbani , who is now 52 years old, was seized with his brother Abdul Rahim in Karachi in September 2002, and, after two months in Pakistani custody, spent 18 months in CIA “black sites” in Afghanistan, including the notorious prison identified by the CIA as ‘COBALT,’ but also known as the Salt Pit, or, as the prisoners described it, “the dark prison.” There he was hung naked from an iron shackle, with his feet barely touching the ground, and, like the other men held there, subjected to loud music designed to prevent them from sleeping.

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Never-Ending Injustice: State Secrets and the Torture of Abu Zubaydah

An illustration featuring Abu Zubaydah by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files from Guantánamo that were released by WikiLeaks in 2011.

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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.

On Wednesday, the Supreme Court heard arguments in the case of the notorious torture victim and Guantánamo prisoner Abu Zubaydah, for whom the US’s post-9/11 torture program was invented. Zubaydah, whose real name is Zayn al-Abidin Muhammad Husayn, was held and tortured in CIA “black sites” for four and a half years, after his capture in a house raid in Pakistan in March 2002, until his eventual transfer to Guantánamo with 13 other so-called “high-value detainees” in September 2006, and he has been held there without charge or trial ever since.

Wednesday’s hearing was the result of an appeal by the government against a ground-breaking ruling two years ago, by the Ninth Circuit Court of Appeals, in which the judges openly declared that Abu Zubaydah had been tortured. It was, as Abu Zubaydah’s attorney, Cornell University law professor Joseph Margulies, explained, “the first time an appellate court” had “come right out and said that the enhanced interrogation techniques were torture.”

While this was significant, it wasn’t the main topic of the case, which involved the state secrets privilege, whereby government officials can argue that sensitive information whose disclosure, they claim, might endanger national security, must not be disclosed in a court. Abu Zubaydah’s lawyers were — and still are — seeking permission for the architects of the torture program, the contractors James Mitchell and Bruce Jessen, to be questioned about the details of his torture while he was held in a “black site” in Poland, in 2002-03, after his initial torture in a “black site” in Thailand in 2002, for use in the Polish government’s ongoing investigation.

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The Enemy Within: How the US Justice Department Has Spent 19 Years Defending Arbitrary Detention at Guantánamo

Campaigners for the closure of Guantánamo outside the Justice Department in Washington, D.C. on January 11, 2015, the 13th anniversary of its opening (Photo: Debra Sweet via Flickr).

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It’s a sign of the chronic failure of the US justice system to deliver anything resembling justice to the men held at Guantánamo Bay that, nearly 20 years after the prison was established to hold them, for the most part, indefinitely without charge or trial — even though they were never adequately screened at the time of their capture — lawyers and judges are still arguing about whether or not those men have any right to see the government’s purported evidence against them.

Specifically, the arguments involve the extent to which — if at all — the Fifth Amendment’s Due Process Clause applies to the men held at Guantánamo, in which the most prominent players resisting its application have been, historically, judges in the appeals court in Washington, D.C. (the D.C. Circuit), and lawyers in the Civil Division of the Justice Department, who, under George W. Bush, Barack Obama and Donald Trump, and now under Joe Biden, have strenuously resisted efforts to extend to the Guantánamo prisoners any meaningful right to challenge the basis of their imprisonment.

On a very fundamental level, these arguments shouldn’t even be taking place at all. Way back in the mists of time, in Boumediene v. Bush, in June 2008, when the Supreme Court affirmed the Guantánamo prisoners’ constitutionally guaranteed right to challenge the basis of their detention via a writ of habeas corpus, the Court’s intention was that they would be entitled to a “meaningful review” of the basis of their imprisonment, in which the government would have to present its evidence openly, and have it challenged.

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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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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