Briefly, the Uighurs are Muslims from Xinjiang province in north-western China, an area subjected to persecution by the Chinese government. The 22 Uighurs who ended up at Guantánamo were, for the most part, refugees who had been thwarted in their attempts to reach Turkey or Europe in search of work, or who, in some instances, nursed futile hopes of rising up against their oppressors. None had any involvement with al-Qaeda, terrorism or militancy against the United States, and they only ended up in Guantánamo because the rundown settlement in which they had been living in the mountains of Afghanistan was bombed by US forces, and, after they fled to Pakistan, they were sold to US forces by Pakistani villagers.

It was clear from the beginning that prisoners whose only enemy was the Chinese government should never have been held at Guantánamo, but they were used as pawns in negotiations with the Chinese government prior to the invasion of Iraq, and although five of the Uighurs were found a new home in Albania in May 2006, it took until 2008 — and a humiliating court defeat — for the Bush administration to give up its claim that the other 17 were “enemy combatants.” As a result, their habeas corpus petitions were granted in October 2008, but although a judge ordered them to be released in the United States, the Bush administration, and then the Obama administration disagreed, and appealed the ruling, securing a favorable response in February 2009 from the right wing judges in the D.C. Circuit Court.

President Obama, fearing Republican criticism, then turned down a plan by White House Counsel Greg Craig, which involved bringing a handful of the Uighurs to live in the US, not only because it was the right thing to do, but also because it would help to persuade other countries to take cleared prisoners who, like the Uighurs, could not be repatriated safely. That was in May 2009, and there was then an unseemly scramble — largely hidden form public view — to find new homes for the Uighurs in case the Supreme Court decided to take their side (although in the end the Supreme Court refused to do so).

Four of the Uighurs were rehoused in Bermuda in June 2009, six others in Palau in October 2009, and two others were given new homes in Switzerland in March 2010. Five others remain, having refused any of the new homes offered to them, and their cases will be discussed soon in prisoner profiles on the recently established “Close Guantánamo” website.

For now, however, I’m cross-posting below an article written for Der Spiegel by Seema Saifee, an attorney in New York who represents four of the 22 Uighurs who have been held in Guantánamo. One of her clients — Abdulrazaq — is still in Guantánamo, and his case will be profiled soon on the “Close Guantánamo” website. However, Seema also represents three of the six Uighurs released in Palau in October 2009 — Ahmad Tourson, Abdulghappar Abdulrahman and Adel Noori — and it is their story, and particularly that of Ahmad Tourson, that was publicized through the article in Der Spiegel.

As she explains, both the governments of the US and Palau “acknowledged that the remote island was not durable as a long-term refuge,” and was only “intended as a way station, a means to leave Guantánamo, a temporary solution until another country offered …sustainable resettlement.” However, “That hope has shrivelled,” because, even though Palau “is far from paradise,” and the Uighurs “cannot find work that provides a living wage,” there is “no reasonable prospect of future resettlement” for the men.

Exchanging One Prison for Another
By Seema Saifee, Der Spiegel, January 19, 2012

On her sixth birthday, Muslima had one wish: to see her dada. On that day, Ahmad Tourson, her father, was trying to sleep. But slumber was a luxury in the windowless metal box to which he was consigned for 22 hours a day, sometimes 24. On Muslima’s sixth birthday, Ahmad was imprisoned in Guantánamo Bay, Cuba. He had been there for her last five birthdays as well.

But in June 2008, after Muslima turned six, sunlight shone on the steel vault to which Ahmad was confined. Over six years of courtroom battles and cruel conditions of confinement later, the hundreds of men the US executive claimed the power to hold indefinitely won the right to petition for a writ of habeas corpus to challenge the lawfulness of their detention. Ahmad’s case was to be heard by a US federal judge.

In consequence, the US government withdrew any pretense that Ahmad was an “enemy combatant,” admitting it had no basis to hold the man and his 16 Uighur countrymen, all from China. With the case thus abandoned, remedy was the sole question remaining. The Uighurs sought their only possible remedy: freedom in the United States.

On the day of the hearing, US District Judge Ricardo Urbina decried assertions by then-President George W. Bush’s top lawyers that executive discretion was almighty. He invited the president’s lawyers — several times — to explain what the security risk would be to the nation should the Uighurs be freed in the US. “You’ve had seven years to study this issue,” the judge admonished. The US government could not produce one single example.

At Liberty’s Doorstep

Judge Urbina concluded that the detention of the Uighurs was illegal. Understanding that the men could not be returned to their native China, which would likely have tortured, or even executed, the members of the minority ethnic group, and that diplomatic efforts to lobby (and re-lobby) nearly 100 countries for their humanitarian resettlement had failed, Judge Urbina ordered the 17 men freed to the United States. Release was mandated within 72 hours.

The prospect of freedom, once outside his reach, was now within Ahmad’s grasp. The Uighurs, whose young faces had developed wrinkles from years of indefinite detention, imagined boarding a plane to freedom. A contingent of US marshals flew to Guantánamo to escort the men to their new home. Ahmad was at liberty’s doorstep.

But 42 hours before Ahmad’s scheduled release, the US government won an emergency stay to shelve the Uighurs’ release until the case could be reviewed by a higher court. On appeal, the D.C. Circuit Court of Appeals ruled that US federal courts exercising habeas jurisdiction were impotent to release men at Guantánamo whose confinement was admittedly unlawful. The Great Writ was defiled. Liberty, said the D.C. Circuit, had no guardian.

Ahmad embarked on his eighth year of indefinite detention because US judges concluded they did not have the power to end it. And two presidents agreed. In Guantánamo’s Orwellian land of doublespeak, Ahmad was not detained, said Bush; the US military was “harboring” him (inside a chain-link fence surrounded by barbed wire) because he “chose” not to return to China (a country whose government would have put a bullet in his head), and the president would honor this choice out of executive grace (as the US claimed it had no legal obligation not to refoule him to a country that tortures), until a safe nation granted him refuge (so long as that nation’s president did not reside on Pennsylvania Avenue). And, once he entered office, President Barack Obama spun the same tale.

Not a Durable Refuge

In the summer of 2009, the US State Department negotiated Ahmad’s resettlement with the Republic of Palau, an isolated, impoverished island in the middle of the South Pacific. After multiple years of shopping Ahmad to foreign sovereigns, the US found a remote island, the only nation, it said, to offer him refuge. (Any nation that previously considered granting Ahmad asylum quickly reneged when Chinese diplomats threatened cessation of economic ties. Palau, however, is one of a small contingent of countries that maintains diplomatic relations with Taiwan.)

The US and Palauan governments acknowledged that the remote island was not durable as a long-term refuge. Ahmad’s relocation there, they said, was intended as a way station, a means to leave Guantánamo, a temporary solution until another country offered him sustainable resettlement. Ahmad thus accepted his only opportunity to leave Guantánamo, with the hope, one day, of finding a permanent refuge.

That hope has shriveled. Today, two years since his release and 10 years since he was sold into US custody, Ahmad remains in limbo in Palau. Despite his and the US State Department’s assiduous efforts, he has no reasonable prospect of future resettlement. And the remote island is far from paradise.

Ahmad holds a diploma from a technical college in China. He has experience as a management technician at an oil refinery and as a restaurant owner. He has advanced English language skills. But, in Palau, Ahmad cannot find work that provides a living wage. He is excluded, under Palauan law, from access to the same job opportunities available to Palauan citizens. What is more, he is not covered by Palau’s minimum wage law, which is, itself, a trifling $2.50 an hour. Ahmad has no path to citizenship; under Palau’s constitution, citizenship is conferred only to individuals with native Palauan ancestry. Even if Ahmad could access gainful employment, Palauan employers have refused to hire him. Many raise concerns about losing customers; others call the men terrorists. With a population of just 20,000, the entire island knows the Uighurs. The men cannot blend in; they suffer a unique prominence they would not face in most nations.

Seeking Refuge in Kabul

The scale tips further. Ahmad is a transtibial amputee. Before he was sent to Guantanamo, Ahmad had been living as a refugee in Kabul. Like many Uighurs, he had suffered persecution under China’s control. Ahmad was lashed with electric sticks and his wife was threatened with a forced abortion by Chinese authorities. With modest resources, Ahmad sought asylum in neighboring countries, but most Central Asian nations had deals to deport Uighur refugees to China.

But Afghanistan did not forcibly repatriate Uighurs to China. The nation was (at that time) a safe and accessible shelter for Uighurs. Thus, in 2000, Ahmad took refuge in Kabul. Over a year later, the US and NATO began combat operations in Afghanistan. US cargo planes dropped leaflets from the skies offering significant rewards to locals for catching “enemies.” Ahmad, who was searching for safety for his two-year-old son and pregnant wife, was traded to US forces for $5,000. He was taken to an Afghan prison where his left leg was shattered in a bombing. Once in Guantánamo, his leg was amputated below the knee. In the prison, Ahmad, a young man in his early 30s, was consigned to a walker.

Amputees require lifetime prosthetic care, routinely available in many nations. But no level of prosthetic care exists in Palau. Indeed health care is so limited that Palauan nationals must travel overseas to obtain specialized or emergency care. But Ahmad is unable to travel outside Palau — even for medical care. He has no reasonable means of procuring travel documents or permission to enter another nation. According to orthopedists, without access to this essential prosthetic care, Ahmad will not achieve full mobility. Life on the island is, and will remain, untenable.

Stranded in Palau

According to the United Nations High Commissioner for Refugees (UNHCR) Handbook, resettlement as a durable solution must be accompanied by a meaningful prospect of local integration, which involves more than safety from refoulement [being forcibly returned to torture]. Local integration includes the enjoyment of legal, economic, medical, and social rights, none of which are available to Ahmad in Palau. Indeed, the limitations of the conditions in Palau are precisely the reason the island was not proposed as a durable solution and why relocation there was intended to be temporary only.

Ahmad wants to forget the years he spent without charge at Guantánamo, but he can’t. The sheer isolation of Palau, which has no Uighur or refugee population of any kind, reminds him hauntingly of Guantánamo. And one memory he can never forget is that of the 171 men who remain at Guantánamo, including five of his countrymen.

Ahmad’s only ray of dawn during this dark decade came in 2010, when he was reunited with his family. Muslima, who was born after Ahmad’s capture, embraced her dada for the first time shortly before she turned nine. But the rosy-cheeked girl, whose radiant smile hardship has not obscured, is stateless. She has been mandated as a refugee by the UNHCR. But with no reasonable prospects of resettlement in another nation, she may remain stranded in Palau for the rest of her life.

Note: To listen to Seema Saifee discussing Ahmad Tourson’s story, please listen to the interview here on Canada’s CBC Radio.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

That screening, the day before protests marking the 10th anniversary (which I covered here, here and here), was organized by the World Can’t Wait, the campaigners responsible for my visit, and was followed by a panel discussion in which I was delighted to be speaking alongside the attorney Tom Wilner — my colleague in the newly established “Close Guantánamo” campaign and website, with whom I had just taken part in a lunchtime event at the New America Foundation (also with Congressman Jim Moran and Col. Morris Davis) — and Darold Killmer and Mari Newman, attorneys from Denver whom I had asked to come along and speak about their clients, five Yemenis who are still held at Guantánamo.

Introducing the Q&A session, I spoke briefly about the “Close Guantánamo” campaign and the now-closed petition on the White House’s “We the People” website, asking President Obama to fulfil his promise to close Guantánamo, and also reminded those attending that, while criticizing Congress for inserting provisions in the National Defense Authorization Act (NDAA) demanding the mandatory military custody, without charge or trial, of anyone who can be accused of being associated with al-Qaeda, they should not forget that, for ten years, the prisoners in Guantánamo have been detained on essentially the same basis.

I also urged people to go away with just one message to tell everyone they meet — that, far from holding “the worst of the worst,” the Guantánamo of today actually contains 89 prisoners, out of the 171 still held, who have been cleared for release by the President’s interagency Task Force, but who are still held because they have become the victims of cynical political maneuvering.

After this introduction, I turned the mike over to Darold Killmer and Mari Newman, who spoke eloquently about their clients, the obstructions they have faced, and their incredulity that US justice has so spectacularly failed them. They also explained how their clients have persistently asked them to make sure that their stories are not forgotten, and anyone wishing to know more can read the stories of two of these men — Abdul Rahman al-Qyati and Musa’ab al-Madhwani — in the Center for Constitutional Rights’ “Faces of Guantánamo” reports that I played a major role in compiling, and which are also available here.

Afterwards, Tom also spoke, eloquently explaining his own disappointments, urging those attending to join the “Close Guantánamo” campaign, and also explaining, as he did last week in an article on the “Close Guantánamo” website, which I publicized here, that the NDAA actually contains a waiver, whereby the administration can, if it wishes, release prisoners from Guantánamo without having to overcome the almost insurmountable obstacles raised by Congress that have prevented a single prisoner from being released in the last 13 months.

Now, as Tom also mentioned, the only obstacle to the release of prisoners is whether President Obama and his administration can find the courage and the political will to actually follow through, and to begin to release some of those 89 cleared prisoners who are still held, but whose ongoing detention ought to be a source of shame.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

This was the day before the rally and march to close Guantánamo, which I covered here, here and here, and it was an extremely well attended event, with over a hundred people in the audience — mostly campaigners from the various organizations involved in the January 11 protest, including Amnesty International, Witness Against Torture, the World Can’t Wait, Code Pink and the National Religious Campaign Against Torture.

Also present were: the attorney Tom Wilner — my colleague in the newly established “Close Guantánamo” campaign and website, with whom I had just taken part in a lunchtime event at the New America Foundation (also with Congressman Jim Moran and Col. Morris Davis) — and Darold Killmer and Mari Newman, attorneys from Denver whom I had asked to come along and speak about their clients, five Yemenis who are still held at Guantánamo.

The half-hour Q&A session that followed the screening was filmed, and I’ll be posting that soon, but first I’m posting below a short introduction I delivered while the staff at Busboys and Poets worked on technical issues involving the screening. While these were being resolved, I told the audience about the “Close Guantánamo” campaign, and our petition on the White House’s “We the People” website, asking President Obama to fulfil his promise to close Guantánamo. The petition has a one-month deadline, which comes to an end on February 6, so please sign it if you haven’t done so already.

I also told the audience about the news from Guantánamo, via Ramzi Kassem, the attorney for Shaker Aamer, the last British resident in Guantánamo, which I had announced on my website that day. Shaker and other prisoners had made it clear that they would be holding a three-day protest and hunger strike, to let the world know that they were not happy that President Obama was getting away with portraying Guantánamo as a safe and humane facility, and also to show solidarity with those protesting in Washington D.C. and elsewhere in the US.

In addition, I spoke specifically about the need to create a campaign on both sides of the Atlantic to push for the release of Shaker Aamer, well known as the foremost defender in Guantánamo of the prisoners’ human rights, on the basis that the Obama administration no longer wants to hold him, and the British government has asked for him to be returned to his wife and family in the UK.

I noted that the Congressional restrictions on releasing prisoners to countries that lawmakers regard as dangerous (included in provisions in the horrendous National Defense Authorization Act, in which lawmakers also declared their intention to hold terror suspects in permanent military custody, without charge or trial), could not realistically extend to the UK, making Shaker the prime candidate for breaking the deadlock regarding the release of prisoners from Guantánamo.

As I also explained, in 2011, the restrictions were so successful that only one living prisoner — an Algerian who had his habeas corpus petition granted by the courts — was released, and two others left in coffins, having died at the prison.

My thanks to everyone who turned up to make the screening such a successful event, to Debra Sweet, the national director of the World Can’t Wait for organizing it, and to Palina Prasasouk for filming my talk, and to Justin Norman for editing it.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

Lawyers and NGOs aware of Algeria’s poor human rights record disagreed, as did some of the Algerian prisoners themselves, to the extent that the last two Algerians sent home — Abdul Aziz Naji in July 2010 and Farhi Saeed bin Mohammed in January 2011 — had actively resisted being sent home, and had taken their cases all the way to the US Supreme Court, which had paved the way for their enforced return by refusing to accept their appeals.

In assessing whether or not it was safe for Algerians to be repatriated from Guantánamo, the US government was required to weigh Algeria’s established reputation for using torture against the “diplomatic assurances” agreed between Washington and Algiers, whereby, as an Obama administration official told the Washington Post at the time of Naji’s repatriation, the Algerian government had promised that prisoners returned from Guantánamo “would not be mistreated.” The US official added, “We take some care in evaluating countries for repatriation. In the case of Algeria, there is an established track record and we have given that a lot of weight. The Algerians have handled this pretty well: You don’t have recidivism and you don’t have torture.”

According to research I undertook after Abdul Aziz Naji’s enforced repatriation, by speaking to the men’s attorneys, the US government was able to justify its claims because there had been no recorded incidents of torture amongst the ten Algerians previously released from Guantánamo. Although they were held incommunicado for 12 days by the Department of Intelligence and Security (DRS), as permitted under Algerian law, none of them reported being physically abused. In addition, although they all faced dubious trials after their return — generally about 15 months after their repatriation — and although they also suffered prejudice because of the perceived “taint” of Guantánamo, they had not been convicted on trumped-up charges, and had been released after their trials.

I cannot guarantee that I was able to ascertain the exact details of what happened to each of the ten men, but until two weeks ago the most troubling information from Algeria relating to the Guantánamo prisoners appeared to be the 20-year sentence delivered in absentia against Ahmed Belbacha, one of the four Algerians cleared for release but still held, on trumped-up charges of “membership of a terrorist group active overseas.” As far as his lawyers can ascertain, this sentence only came about because Belbacha had been vocal in his opposition to being repatriated, based on his fears about the government, and about the Islamists who had prompted him to flee the country in the first place when they threatened him while he was working for a government-owned oil company.

On January 16, however, any comfort to be gleaned from the Algerian government’s refusal to imprison those returned from Guantánamo for the other Algerians who do not wish to be repatriated — and who, by my reckoning, are Nabil Hadjarab (PDF), Motai Saib and Djamel Ameziane (PDF), who were all cleared for release by military review boards under the Bush administration — dissipated when, as AFP reported, Abdul Aziz Naji received a three-year sentence “for membership of an extremist group active overseas.”

As AFP explained, “The prosecution had sought a 10-year prison sentence and a 5,000-euro ($6,330) fine” for Naji (described as Nadji Abdelaziz). Following the ruling, Naji’s lawyer, Hassiba Boumerdassi, said she would appeal, describing it as “an unprecedented ruling” in Algeria, although AFP pointed out that there was a precedent — the in absentia sentence against Ahmed Belbacha, and those who have studied what happened when Algerians were repatriated from the UK with “assurances” a few years ago are even less convinced. As a friend with close knowledge of the Algerians’ cases explained to me, one of them “was given the same sentence with the same accusation in 2007 when he returned home and another is still serving an 8 year sentence on his return.” She added, “Yet the Home Office claims that Algeria is now a country where it is safe to return the Algerian detainees here despite some of them still bearing the torture marks of Algeria’s torture chambers,” and the echoes with the US government’s view of the “safety” of Algeria are surely not coincidental.

Neverthless, this was the first sentence delivered in person against a former Guantánamo prisoner, and, as the legal action charity Reprieve noted in a follow-up report, Naji, an amputee “who is suffering from serious health complications due to the amputation of his leg,” has had his worst fears confirmed with his conviction. As Reprieve also noted, the charge against him “derived from the unsubstantiated accusations the US administration made against him in 2002.”

In an appeal, the NGO Cageprisoners also noted that, although Naji “returned to his family and tried to start a new life,” he “was deprived of any identity documents and suffered from depression, anxiety and other symptoms consistent with post-traumatic stress disorder due to his treatment in American custody.” Cageprisoners also explained that he was under “judicial supervision” and “had to sign a register every week at the local police station,” and also explianed that on the day of his trial he had been arrested without warning and taken to the court.

Reprieve added that, during his trial, “the prosecutor presented no evidence of Mr. Naji’s guilt — rather, the judge simply questioned him and produced a guilty verdict,” and also noted that he “is being held in the notorious El Harache prison in Algiers, where violent abuse of prisoners has been reported by Amnesty International.”

Reprieve also stated:

His family is deeply concerned about his rapidly deteriorating health, and his lawyer reports that his condition has become critical and is worsening by the day. He has not had access to adequate medical treatment while in prison.

Mustafa Bouchachi, the president of the Algerian League for the Defence of Human Rights, visited Mr. Naji in prison on Wednesday and attested to Mr. Naji’s critical health condition. He reports that Mr. Naji is on hunger strike as “the only way that he has to protest his unjust treatment — first by the US authorities in Guantánamo and now in his own country.” Mr Naji further explained that his imprisonment in Algeria is bringing back to him his horrible and unjustified years in Guantánamo.

Katie Taylor, of Reprieve’s “Life After Guantánamo” project, added, “It is outrageous that Mr. Naji is being punished again for the same discredited accusations that the US used to hold him in Guantánamo for eight years without charge or trial — this time in his own country. Algerian authorities must restore his right to a fair trial and overturn his conviction on faulty charges for which the prosecutor did not even bother to introduce evidence.”

As Reprieve also noted, Abdul Aziz Naji is represented in the US by Ellen Lubell and Doris Tennant, who prepared the following profile with the Center for Constitutional Rights:

Mr. Naji was born in Batna, Algeria in 1975. After sixth grade, he began work in his father’s blacksmith shop and later completed his required military service in the Algerian Army. After his service, Mr. Naji, like many young Muslims, travelled to Mecca on pilgrimage and then, during early 2001, worked briefly with a reputable Pakistani charity, providing humanitarian assistance to needy Muslims and Christians in Kashmir. Offering to volunteer his services was important to his religious beliefs. While carrying food and clothing to poor villages one night with a group of other volunteers, Mr. Naji stepped on a landmine (one of many unexploded ordnance that lace the region) and sustained a serious injury, resulting in the loss of his lower right leg. He was taken to a hospital in Lahore, Pakistan where he was treated for several months and fit with a prosthetic leg. He spent many months after that in rehabilitation, living with a few generous families in the city who offered to board him.

An amputee with few resources and in need of the most basic assistance, Mr. Naji was directed by acquaintances to an Algerian in Peshawar to help find a wife. While visiting this man in May 2002, he and his host were arrested during a raid of the man’s house by Pakistani police, one of the many house raids in the area. The reason for the arrests was never explained. In fact, the Pakistanis told Mr. Naji that they would release him. But instead, he was taken by Americans stationed in Peshawar and transferred first to Bagram and then to Guantánamo where he was held for eight years without charge or trial before being forcibly repatriated to Algeria.

Note: In the hope of securing clemency from the Algerian government, Cageprisoners has drafted the following message to the Algerian Minister of Justice:

Monsieur le Ministre,

A la suite d’informations reçues de l’organisation britanique de défense des droits de l’Homme CagePrisoners, je vous exprime ma vive préoccupation concernant l’affaire d’Abdel Aziz Naji arrété le 16 janvier 2012 et condamné le jour même à trois ans de prison, accusé d’appartenir à un groupe terroriste opérant à l’étranger. Il apparaît que cette condamnation n’a pas été prononcée dans des conditions compatibles avec celle d’un procès équitable.

Alors que l’Egypte a mis fin à la détention injuste d’Adel Al-Gazzar, alors que des anciens détenus tunisiens de Guantanmo ont pu regagner leur pays d’origine en toute sécurité et alors que les nouvelles autorités tunisiennes se sont engagées à tout faire pour obtenir la libération de ses cinq citoyens toujours détenus sur l’île cubaine, l’Algérie incarcère un homme qui a déjà passé 8 ans à Guantanamo sans procès, et ce sur la base de vagues accusations et, semble t-il, de manière expéditive.

Je vous demande donc la libération immédiate d’Abdel Aziz Naji.

Je vous prie de recevoir l’expression de mes salutations distinguées.

The message can be sent by email, or by post to: M. Tayeb Belaiz, Ministère de la Justice, 8 Place Bir Hakem, El-Biar, Alger. The phone number is (213) 021-92-41-83 and the fax number is (213) 021-92-17-01.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

I discussed these provisions in a number of articles — most recently in an article entitled, “A Tired Obsession with Military Detention Plagues American Politics” — in which I wrote about the shameful provisions requiring the mandatory military custody, without charge or trial, of anyone allegedly associated with al-Qaeda, and also wrote about the provisions preventing the release of prisoners from Guantánamo, which have stopped anyone being released in the last year.

In addressing concerns about the NDAA, I made a point of stressing that, although it is important that criticism should continue to be directed at lawmakers for subverting the entire basis of America’s foundation as a country based on the rule of law with their military detention provisions (for which they should all be hounded out of office), and although it is also of significance that the restrictions on releasing Guantánamo prisoners are based on fearmongering for nakedly political reasons, two other details should not be overlooked.

The first is that, in all of the discussions about the mandatory military detention provisions in the NDAA, in which there was great anxiety that the provisions would apply to US citizens, there was little mention of the fact that, without Guantánamo, there would have been no basis for lawmakers to indulge their dangerously unconstitutional desires, and that those opposed to the provisions should therefore also direct their energies to the closure of Guantánamo.

The second reason, and one that the attorney Tom Wilner — Counsel of Record for the Guantánamo prisoners in their cases before the Supreme Court in 2004 and 2008 — was particularly concerned to explain while I was with him in Washington D.C. two weeks ago, is that another provision explicitly allows the administration to release prisoners without Congressional approval. Below, I cross-post Tom’s important commentary about this, which was first published yesterday on the website of the “Close Guantánamo” campaign, for which we are both members of the steering committee.

It is, I believe, extremely important for this to be noted by those who wish to see Guantánamo closed, because it provides a possibility that has been otherwise overlooked, and a means whereby campaigners can legitimately push for prisoners to be released. After all, as the “Close Guantánamo” campaign notes in its mission statement (signed by retired military personnel, a retired judge, lawyers and journalists), over half of the prisoners — 89 of the 171 men still held — have been cleared for release for more than two years, since the President’s own Guantánamo Review Task Force issued its recommendations about the disposition of the remaining prisoners, and some were first cleared for release under President Bush as long as as 2004. The campaign is also stressing that over half the prisoners have been cleared for release in a petition on the White House’s “We the People” website calling for President Obama to honor his promise to close the prison, for which 25,000 signatures are needed by February 6, to secure a response.

Please read Tom’s analysis below, and then let’s start mobilizing for the release of these 89 men who have effectively spent the last two years as political prisoners.

Legal Analysis — Section 1028, National Defense Authorization Act of 2012
By Tom Wilner, Close Guantánamo, January 25, 2012

The recently enacted National Defense Authorization Act of 2012 (the “NDAA”) does a number things that seriously threaten civil liberties. In one area, however, the NDAA significantly eases current restrictions. It gives the Obama Administration both the legal authority and the practical ability to transfer detainees from Guantánamo back to their home countries.

Prior law put significant hurdles in the way of transferring detainees from Guantánamo. It effectively blocked the transfer of any detainee who was not ordered released by a court or released pursuant to a prior plea agreement in a military commission case. Other than in those circumstances, the law prevented a detainee from being transferred (i) to any country if any detainee had previously been transferred to that country and had subsequently engaged in any terrorist activity (a “recidivist country”) or (ii) to any other country unless the Secretary of Defense issued a certification personally “ensur[ing] that the individual [transferred] cannot engage or reengage in any terrorist activity.” The general counsel of the Department of Defense had ruled that it was simply not possible for anyone to provide such a personal blanket assurance. As a result of these restrictions, no detainee has been transferred from Guantánamo since these laws were enacted except pursuant to a court order or a plea agreement.

Section 1028 of the NDAA changed the law and eased the transfer requirements. Although that section of the new law retains essentially the same certification requirements mentioned above, it now explicitly allows the Secretary of Defense in consultation with the Secretary of State to waive those requirements by finding:

[if] it is not possible to certify that the risks … have been completely eliminated, [that] the actions to be taken … will substantially mitigate such risks with regard to the individual to be transferred; [and, in the case of the recidivism provision,] the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken … will substantially mitigate the risk of recidivism with regard to the individual to be transferred and [that] … the transfer is in the national security interests of the United States.

Those waiver provisions clearly give the Administration both the legal authority and the practical ability to transfer detainees from Guantánamo to their home countries. The question is no longer whether the Administration has the authority to transfer detainees home but whether it has the political courage to do so.

Note: For another take on this important waiver provision, see this letter from 15 retired admirals and generals to President Obama, urging him “to transfer Guantanamo detainees who have been cleared for release to their home or to third countries, an option that is available to him under new guidelines contained in the 2012 National Defense Authorization Act,” as Human Rights First explained in a press release to accompany the release of the letter.

In the letter, the retired admirals and generals state:

In the 2012 National Defense Authorization Act, Congress authorized new guidelines for transferring detainees out of Guantanamo. Under these guidelines, your administration can transfer detainees cleared for release to their home or to third countries if the Secretary of Defense issues a waiver in the interest of our national security demonstrating that measures will be taken to substantially mitigate the risk of transfer. We ask that you direct your administration to exercise this authority immediately and fully to demonstrate your good faith commitment to closing Guantanamo. Doing so is the first step among many needed to finally close this dark chapter in our history.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

The first report, “Faces of Guantánamo: Resettlement,” focuses on the 89 prisoners still held who were cleared for release by President Obama’s Guantánamo Review Task Force, but who are still held either because they cannot be safely repatriated, and no country has volunteered to offer them a new home, or because they are Yemenis, and both the President and Congress have acted to prevent the release of any cleared Yemeni prisoners, even though this constitutes guilt by nationality, which is an indefensible generalization, and ought to be regarded as a profound shame.

The article explains in detail President Obama’s failures, including his refusal to allow any innocent prisoners (the Uighurs, Muslims from China’s Xinjiang province) to be settled in the US, and also describes how Congress has intervened to prevent the release of prisoners for nakedly political reasons. Included are recommendations for the Obama administration, and calls for other countries to help with the resettlement of those who cannot be safely repatriated.

There are also profiles of the following prisoners in need of new homes: Ahmed Ajam (a Syrian), Djamel Ameziane (an Algerian), Ahmed Belbacha (another Algerian), Ali Hussein al-Shaaban (another Syrian), Mohammed Tahamuttan (a Palestinian), Ravil Mingazov (a Russian), and Umar Abdulayev (a Tajik).

The second report, “Faces of Guantánamo: Indefinite Detention,” condemns President Obama for his decision to endorse indefinite detention without charge or trial for 46 of the remaining prisoners, on the spurious basis that they are too dangerous to release, even though there is insufficient evidence for them to be put on trial. As the report notes, “accepting indefinite detention crosses America over a dangerous Rubicon: permitting government officials to predict an individual’s future dangerousness through secret, untestable and potentially illegitimate criteria is incompatible with the most elementary principles permeating this country’s constitutional tradition.”

This second report also focuses on the unacceptable interference by the judges of the D.C. Circuit Court, who have been responsible for gutting habeas corpus of all meaning when it comes to the Guantánamo prisoners, by whittling away, for purely ideological reasons, at the detention standards agreed by the lower court judges making reasoned decisions about the prisoners’ habeas corpus petitions.

Also included is further criticism of Congress and, in particular, the provisions included in the National Defense Authorization Act, making it mandatory for terror suspects to be held in military custody without charge or trial, and also reiterating the restrictions on the release of Guantánamo prisoners that have actually been a feature of Congressional legislation for the last year, and have been largely responsible for the fact that no living prisoner has been released from Guantánamo since January 2011.

The report also features profiles of the following prisoners: Adnan Farhan Abdul Latif, Abdul Rahman al-Qyati, Ghaleb al-Bihani, Mohammed al-Adahi, Musa’ab al-Madhwani and Saeed Hatim (all Yemenis).

The third report, “Faces of Guantánamo: Torture,” examines how President Bush came to bypass the UN Convention Against Torture, and the US torture statute, even though the UN Convention, ratified by the US in 1987, explicitly states, “No exceptional circumstances whatsoever, whether a state of war, or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture.”

The article covers the notorious military order of November 2001, establishing the military commissions, the internal memos dealing with the Geneva Conventions, which led to President Bush depriving the prisoners in his “war on terror” of the protections of the Geneva Conventions, including Common Article 3, which protects prisoners from torture or ill-treatment, and the subsequent establishment of an official torture program, with a justification provided by lawyers, close to former Vice President Dick Cheney, who cynically attempted to redefine torture.

The article also examines how former defense secretary Donald Rumsfeld introduced torture at Guantánamo, and how the open-ended detention to which those still held are subjected is itself a form of torture.

Also included are profiles of the following prisoners: Abu Zubaydah — and other “high-value detainees,” Ahmed al-Darbi (a Saudi), Mohamedou Ould Slahi (a Mauritanian), Mohammed al-Qahtani (another Saudi), Sanad al-Kazimi (a Yemeni), Shaker Aamer (the last British resident in Guantánamo) and Sharqawi Ali al-Hajj (another Yemeni).

Note: Please visit the website of the “Close Guantánamo” campaign, and sign up to join a growing body of people demanding that President Obama fulfill his unfulfilled promise to close the prison. Please also sign a new White House petition on the “We the People” website calling for the closure of Guantánamo. 25,000 signatures are needed by February 6.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

I’ve also embedded the interview below:

And this is how Dennis described the show:

Today on Flashpoints, we continue our series on ten years of torture at Guantánamo: we’ll be joined by Andy Worthington, author of the book The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison, and producer of the film “Outside the Law: Stories from Guantánamo.” Also we’ll be joined by Bay Area anti-torture activist Stephanie Tang: and we’ll feature an extended interview with Emmy award winning talk-show host Phil Donahue who will talk about politics, war, Bradley Manning, and why he’s on the stump for congressional candidate Norman Solomon.

On January 11, during the day of events to mark the 10th anniversary, I was interviewed twice on WBAI in New York: firstly, on a cellphone on the steps of the Supreme Court by Andrea Sears, for inclusion in the WBAI Evening News. That seven-minute interview is available here, and in it I had the opportunity to address all the issues raised by the anniversary, and also to mention the “Close Guantánamo” campaign and website, and the petition on the White House’s “We the People” website, calling on President Obama to close the prison as he promised three years ago, which I encourage readers to sign, as 25,000 signatures are needed by February 6 to secure a response and to show the strength of feeling that exists.

After the walk from the White House to the Supreme Court, and the powerful speeches there, I went for a late lunch with Jen Nessel and Kevi Brannelly of the Center for Constitutional Rights, and Debra Sweet of The World Can’t Wait, and afterwards, as I made my way in a cab to Russia Today, for the interview available here, I spoke for ten minutes to Robert Knight for his show, Five O’Clock Shadow. That interview is available here, and it starts about 29 minutes into the hour-long show, which also features Frida Berrigan of Witness Against Torture.

After the RT show, I wandered downtown D.C., which gave the appearance of being permanently swathed in rain, in something of a daze, wandering into Chinatown, and then back downtown until I finally figured out my bearings, and, rather absurdly, walked all the way to Union Station in the rain, where I finally picked up a cab for the shortish ride back to where I was staying.

The next morning, when the rain miraculously departed as swiftly as it had arrived, I was picked up for a half-hour TV interview for Atlantic Television news, which is not yet available online, and then returned to the house for a half-hour interview with an old friend, Linda Olson-Osterlund of KBOO FM in Portland, Oregon. That interview is available here, and, as Linda explained:

January 11th 2012 is the 10th anniversary of  the opening of the Guantánamo Prison. Protests against this monument to Imperial impunity are happening in London, New York City, Washington D.C. and San Francisco, Portland OR and other cities around the US. London journalist, activist and author Andy Worthington joins host, Linda Olson-Osterlund to talk about closing Guantánamo and freeing the prisoners that are not convicted of a crime. He reports on Wednesday’s protests and the growing movement to close Guantánamo as well as the challenges it faces.

Linda also featured the logo of the “Close Guantánamo” campaign on her site, linked to the website, and spoke to me about that ongoing campaign.

After that interview, Robert, a supporter of The World Can’t Wait, picked me up and drove me to Dulles International Airport for my six-hour flight to San Francisco, which gave me an opportunity to catch up on some lost writing opportunities. At the airport, I was met by an old friend from previous visits, Curt Wechsler of The World Can’t Wait, and we then met up with WCW supporter MaryAnn Thomas, who was putting me up for the night in Oakland. After a meal and an opportunity to catch up, I caught a few hours sleep at MaryAnn’s in preparation for a very early start the next day.

In Berkeley, I appeared on KPFA’s “Morning Mix,” hosted by Mickey Huff of Project Censored, in an hour-long show, co-hosted by Peter Phillips, Professor of Sociology at UC Davis and Abby Martin of Media Roots, which also featured Pardiss Kebriaei calling in from the Center for Constitutional Rights in New York, Almerindo Ojeda, the director of the Center for the Study of Human Rights in the Americas at UC Davis, which has an excellent, ongoing Guantánamo project, and the singer-songwriter David Rovics, who I had not met before, who performed two of his powerful songs in the studio. The show is available here, and I’ve also embedded it below:

As soon as the KPFA show was over, MaryAnn drove me across the Bay to the hills above San Francisco, for an appearance on “Your Call” on KALW, with Rose Aguilar. Rose and I had met on a previous visit, and I was delighted to have the opportunity to discuss Guantánamo with her again, and also with Scott Horton, law professor and contributing editor of Harper’s Magazine, who was calling in from New York. The show is available here, and afterwards I met up with two more old friends from previous visits, Stephanie Tang and Joey Johnson of The World Can’t Wait, and we drove back down the hill to UC Hastings Law School, for “Ten Years of Guantánamo: A Discussion with Andy Worthington and Jason Leopold.”

That event, which took the form of a fascinating conversation, was filmed, and will hopefully be available soon. Afterwards, I had the opportunity to catch up not only with Jason (the lead investigative reporter of Truthout), but also with other old friends who had arrived especially for the day — psychologist and blogger Jeff Kaye and former SERE instructor Michael Kearns.

That evening, Jason and I — and David Rovics — attended a fundraising dinner for The World Can’t Wait, when I was reunited with other friends from my last visit in October 2010, for “Berkeley Says No to Torture” Week — but I had to leave rather sooner than I would have wished, to take another flight, this time to Chicago, where I was met by another WCW activist, Jay, and where I stayed with Candace Gorman, the attorney for two Guantánamo prisoners (one of whom, Abdul Razak Ali, is still held), whose outspoken blog is here, and took part in a successful screening of “Outside the Law: Stories from Guantánamo” at Loyola University Chicago School of Law with a panel of Guantánamo attorneys including Candace, Len Goodman (who represents the Afghan prisoner Shawali Khan) and Andy Moss (who represents Umar Abdulayev, the last Tajik prisoner in Guantánamo).

Afterwards, we went out for a meal in a great seafood restaurant with other friends, including Joe Scarry, an associate producer of the Guantanamo film “The Response,” Marissa, a formidable activist with Occupy the Southside, and activist Gregory Koger, and then Joe, Jay, Debra and I took a drive around Chicago, involving a walk down to the shore of Lake Michigan, which was the unadulterated tourist moment of my trip — the visit to the Hill three days before being rather more politically charged.

On Sunday, as I began to lose my grip on what day of the week it was, Debra and I flew back to New York, and were picked up by my old friend The Talking Dog, who looked after me in Brooklyn for my last 24 hours, where, although politics were pretty consistently on the agenda, my public events were over, and I also found time to do some last minute shopping for my family, before the long, jet lag-inducing return home, from which I’m still recovering.

I do, however, wish to thank everyone who helped to facilitate my trip and to make me so welcome, and I also hope to visit again soon. After all, just because it’s a Presidential election year, it’s no reason not to mention Guantánamo, and to call repeatedly for its closure. To do anything less would be to capitulate to the most cowardly form of political manoeuvring, and some outrages — like the ongoing existence of Guantánamo — are too important for that.

Note: Please join the “Close Guantánamo” campaign and sign the White House petition here.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

In addition, a petition calling for the closure of the prison is on the White House’s “We the People” website, and 25,000 signatures are required within 30 days to secure a response from the White House.

Below is the press release that was issued yesterday announcing the launch of the “Close Guantánamo” campaign and website. Please also join the campaign on Facebook and Twitter.

For the 10th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, Cuba (on Jan. 11), a group of retired military personnel and lawyers are calling on President Obama to honor his promise to close the prison, which he made when he took office in January 2009.

Signatories to the mission statement for the “Close Guantánamo” campaign include: Col. Lawrence Wilkerson, Chief of Staff to former Secretary of State Colin Powell; the Hon. John J. Gibbons, former Chief Judge, U.S. Court of Appeals for the Third Circuit; Gen. David M. Brahms (Ret.); Rear Adm. Donald J. Guter (Ret.); Rear Adm. John D. Hutson (Ret.); Col. Morris Davis, former chief prosecutor for the Military Commissions at Guantánamo; and several lawyers who have been involved in the litigation involving Guantánamo and the 171 prisoners still held there.

The mission statement also notes that over half of the remaining 171 prisoners — 89 men in total — have been cleared for release or transfer, and, as the signatories explain:

“It is unacceptable that the U.S. government continues to hold men that its own national security experts have recommended for release or transfer, and that Congress has intervened to maintain this deplorable state of affairs.”

The signatories also note:

“Guantánamo harms our nation every day it stays open, and it continues to serve as a potent symbol for terrorist recruitment.”

The “Close Guantánamo” campaign invites anyone opposed to the continued existence of Guantánamo to sign up to the campaign, to show the President and Congress that there is significant support for the prison’s closure, and also to sign a petition on the White House’s “We the People” website, calling for the prison’s closure. The White House commits to respond to any petition that receives 25,000 signatures within 30 days.

In the months to come, the website will feature stories of the remaining prisoners, via their lawyers, and important background information about the prison, the men held there, and the reasons why the prison is still open, to help people understand why this remains an issue of great importance.

The Steering Committee members are: Gary A. Isaac and Tom Wilner, attorneys who were involved in litigation on behalf of the Guantánamo prisoners before the Supreme Court, and Andy Worthington, journalist and author.

For further information about the petition, Gary A. Isaac can be contacted here.

For further information about the website, and about the campaign in general, Andy Worthington can be contacted here.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

Ramzi Kassem, a law professor at the City University of New York, and one of the attorneys for Shaker Aamer, the last British resident in Guantánamo, said that his client, who is held in isolation in Camp 5, told him on his last visit that the prisoners would embark on a peaceful protest and hunger strike for three days, from Jan. 10 to 12, to protest about the President’s failure to close Guantánamo as promised.

He explained that the men intended to inform the Officer in Charge ahead of the protest, to let the authorities know why there would be protests, and added that the prisoners were encouraged by the “expression of solidarity” from US citizens planning protests on Jan. 11, the 10^th anniversary of the opening of the prison.

Kassem also said that another of his clients, in Camp 6, where most of the prisoners are held, and where, unlike Camp 5, they are allowed to socialize, stated that prisoners throughout the blocks were “extremely encouraged” by reports of the protests in Washington D.C.

The prisoner, who does not wish to be identified, also said that banners and signs had been prepared, and that there would be peaceful sit-ins in the communal areas. He added that the prisoners were concerned to let the outside world know that they still reject the injustice of their imprisonment, and feel that it is particularly important to let everyone know this, when the US government, under President Obama, is trying to persuade the world that “everything is OK” at Guantánamo, and that the prison is a humane, state of the art facility.

He also explained that the prisoners invited the press to come to Guantánamo and to request interviews with the prisoners, to hear about “the toll of a decade” of detention without charge or trial, and said that they “would like nothing more” than to have an independent civilian and medical delegation, accompanied by the press, be allowed to come and talk to the 171 men still held.

In Camp 5, Shaker Aamer and the other men still held there will not be able to stage a sit-in, as they are unable to leave their cells, but they will participate in the protests by refusing meals.

No one knows how the authorities will respond to the protests, especially as the new commander of Guantánamo, Navy Rear Adm. David Woods, has gained a reputation for punishing even the most minor infractions of the rules with solitary confinement.

According to Kassem, prisoners have complained that the new regime harks back to the worst days of Guantánamo, between 2002 and 2004, when punishments for non-cooperation were widespread.

Of the 171 men still held at Guantánamo, 89 were “approved for transfer” out of Guantánamo by a Task Force of career officials and lawyers from the various government departments and the intelligence agencies, and yet they remain held because of Congressional opposition and President Obama’s unwillingness to tackle his critics. 36 others were recommended for trials, and 46 others were designated for indefinite detention without charge pr trial, on the basis that they are too dangerous to release, but that there is insufficient evidence against them to put them on trial.

That is a disgraceful position for the government to take, as indefinite detention on the basis of information that cannot be used as evidence indicates that the information is either tainted by torture, or is unreliable hearsay. It remains unacceptable that President Obama approved the indefinite detention of these men in an executive order last March, even though he also promised that their cases would be subject to periodic review.

Just as disgraceful, however, is the fact that all of the 171 prisoners still at Guantánamo face indefinite detention, as none of them can leave the prison given the current restrictions. That ought to trouble anyone who cares about justice and fairness, and the protests by the prisoners, on the 10th anniversary of the opening of Guantánamo, ought to convey, more eloquently than any other method, why the pressure to close the prison must be maintained.

Note: For further information, and to sign up to a new movement to close Guantánamo, please visit the new website, “Close Guantánamo,” which you can join here, and also please sign a new White House petition on the “We the People” website calling for the closure of Guantánamo. 25,000 signatures are needed by February 6.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

To mark this bleak occasion, Andy Worthington, investigative journalist, author of The Guantánamo Files and co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo,” is visiting the US for 12 days, with the support of The World Can’t Wait and the Center for Constitutional Rights, taking part in events in New York, Washington DC., San Francisco and Chicago.

171 of the 779 prisoners held at Guantánamo throughout its long, dark history are still held, three years after Barack Obama became President and promised to close it within a year, even though 89 of them have been cleared for release. The President’s vacillations, and lack of courage, as well as the unprincipled obstructions of cynical or cowardly lawmakers, and of paranoid right-wing judges have ensured that no one has left Guantanamo alive in the last year and to guarantee that the prison will remain open — and these 171 men will be held forever — without concerted action by these with the determination to bring to an end the toxic legacy of the Bush administration.

These events are listed below, and are free unless otherwise indicated. For further information, or to book Andy for TV or radio appearances, please contact Debra Sweet, National Director, the World Can’t Wait, or contact Andy Worthington.

Thursday January 5, 7.30 – 9 pm: “Building a Movement to Close Guantánamo and End All Unjust Detentions”: Panel discussion with Pardiss Kebriaei and Leili Kashani of the Center for Constitutional Rights, and other speakers including Andy Worthington.
The Brecht Forum, 451 West Street (West Side Highway) between Bank & Bethune Streets, New York, NY 10014.
This event is organized by the Center for Constitutional Rights, and co-sponsored by The Brecht Forum, Creating Law Enforcement Accountability & Responsibility (CLEAR), and the Pakistan Solidarity Network. The evening will seek to “situate GTMO as a deeply important but single piece of a larger unjust US detention system,” and “to deepen and broaden alliances to finally close Guantánamo and build a movement against all unjust US detentions,” and speakers include Pardiss Kebriaei and Leili Kashani of the Center for Constitutional Rights, Faisal Hashmi of the Muslim Justice Initiative, Laura Whitehorn, former political prisoner and senior editor at POZ Magazine, Silky Shah, Field Director at Detention Watch Network and co-producer of Asia Pacific Forum, Anna Brown of Witness Against Torture, and Guantánamo expert Andy Worthington, who will be flying in from London at the start of a 12-day visit.
For further information, and to register for this event, see the Brecht Forum website. Admission is on a sliding scale: $6/$10/$15. Also see the CCR website, and the Facebook page.

Saturday January 7, 4 – 6 pm: “Ten Years of Guantánamo, Ten Years of Injustice: A Conversation with Andy Worthington.”
Revolution Books, 146 West 26th Street (between 6th & 7th Ave.), New York, NY 10001.
To mark the 10th anniversary of the opening of Guantánamo, Andy Worthington will be discussing the continuing injustice of Guantánamo, and strategies for campaigning for the prison’s closure. Andy has been at the forefront of the campaign to close Guantánamo for six years, since he first began researching the stories of the prisoners for his book The Guantánamo Files, and he will be discussing his research, writing and campaigning, and, in particular, his work in 2011 as a media partner with WikiLeaks for the release of classified military files relating to the Guantánamo prisoners, and his ongoing 70-part, million-word series, “The Complete Guantánamo Files.”
For further information, see the Revolution Books website.

Sunday January 8, 4 – 7 pm: “Dance and Discussion to Shut Down Guantánamo,” with Andy Worthington and American Creative Dance.
3-D Laboratories, 29 West 26th Street, New York, NY 10010.
In a fundraising event for The World Can’t Wait, Andy Worthington discusses Guantánamo and his work for the last six years, including his relationship with The World Can’t Wait, and the artists of American Creative Dance, under the direction of Nancy Vining Van Ness, show some of the prisoners’ stories through poetry, theatre, music and dance. Hosted by Gbenga Akkinagbe, Sharon Pavlovich and Sunsara Taylor. In addition, celebrated blogger The Talking Dog will be calling in to provide support while on the road.
Suggested Contribution: $50. Donations can be made tax-deductible to support The World Can’t Wait’s educational work to end torture and shut down Guantánamo.
For further information, please contact Debra Sweet, National Director, The World Can’t Wait. Also see The World Can’t Wait’s event page here.

Tuesday January 10, 12.15 – 1.45 pm: “Ten Years of Guantánamo: Will It Ever Close?” Panel discussion with Col. Morris Davis, Tom Wilner and Andy Worthington, plus special guest Congressman Jim Moran.
New America Foundation, 1899 L Street, N.W., Suite 400, Washington, D.C. 20036.
This high-profile event, hosted by the New America Foundation, features Congressman Jim Moran, who has been one of the few legislators brave enough to call for the closure of Guantánamo in Congress, Col. Morris Davis, the former chief prosecutor for the Military Commissions at Guantánamo, who resigned in 2007, in protest at the planned use of evidence obtained through the use of torture, and is now the executive director of the Crimes of War Project, Tom Wilner, Counsel of Record for the Guantánamo prisoners in their cases before the Supreme Court in 2004 and 2008, and freelance investigative journalist and Guantánamo expert Andy Worthington.
For further information, please contact Andrew Lebovich at the New America Foundation.

Tuesday January 10, 5.30 – 7.30 pm: Screening of “Outside the Law: Stories from Guantánamo” plus Q&A with Andy Worthington, Tom Wilner, Mari Newman and Darold Killmer.
Busboys and Poets, The Cullen Room, 5th & K (1025 5th Street, NW), Washington, D.C.
For the 10th anniversary of the opening of Guantánamo, director Polly Nash has produced a new one-hour edit of the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington), featuring new commentary by Tom Wilner. For this special screening, Tom Wilner and Andy Worthington are joined by Mari Newman and Darold Killmer, attorneys for five Yemeni prisoners still held at Guantánamo.
This event is organized by The World Can’t Wait.
For further information, please contact Debra Sweet, National Director, The World Can’t Wait. Also see the Busboys and Poets website, and see the map here.

Wednesday January 11, 12 – 2 pm: “10 Years Too Many: National Day of Action Against Guantánamo,” Washington, D.C.
To mark this bleak anniversary, dozens of campaigning groups — including the Center for Constitutional Rights, Witness Against Torture, Amnesty International USA, The World Can’t Wait, the National Religious Campaign Against Torture, Physicians for Human Rights and September 11th Families for Peaceful Tomorrows — will rally at the White House at 12 noon, where speakers will demand the closure of Guantánamo, and an end to indefinite detention and unfair trials. After the rally at the White House, a human chain will be created stretching from the White House to the Capitol. For further information, see Andy Worthington’s page, and the pages of the Center for Constitutional Rights, Witness Against Torture, Amnesty International USA and The World Can’t Wait.

Friday January 13, 12 noon – 2 pm: “Ten Years of Guantánamo: A Discussion with Andy Worthington and Jason Leopold.”
UC Hastings Law School, Louis B. Mayer Lounge (auditorium), 198 McAllister St., San Francisco, CA, 94102.
To mark the 10th anniversary of the opening of Guantánamo, Andy Worthington will be paying a flying visit to the Bay Area to take part in a freewheeling interview at UC Hastings Law School in San Francisco with Jason Leopold, lead Investigative reporter at Truthout, discussing Guantánamo, the Bush administration’s torture program, the victims of torture, including Abu Zubaydah, and the failures of the Obama administration to close Guantánamo or to hold anyone accountable for the Bush administration’s crimes.
For further information, please contact Curt Wechsler or Stephanie Tang of The World Can’t Wait, San Francisco Bay Area Chapter, and see the map here.

Saturday January 14, 1 – 4 pm: Screening of “Outside the Law: Stories from Guantánamo” plus Q&A with Andy Worthington, Candace Gorman, Gary A. Isaac, Andy Moss and Debra Sweet.
Loyola University Chicago School of Law, 25 E. Pearson Street, Chicago, IL 60611, Room 1040 (Ceremonial Courtroom on the 10th floor).
For his first ever visit to Chicago, Andy Worthington will attend a screening of the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington), and a Q&A sessions afterwards, with Guantánamo attorneys Candace Gorman, Len Goodman and Andy Moss, and Debra Sweet, National Director, The World Can’t Wait.
This event is organized by Chicago World Can’t Wait, with the support of Amnesty International, Midwest Antiwar Mobilization, National Lawyer’s Guild (Loyola Law), National Lawyers Guild, Chicago Chapter, Public Interest Law Society and the Muslim Law Student Association.
For further information, please contact Jay Becker of Chicago World Can’t Wait. Also see the Chicago World Can’t Wait website, and the Facebook page.

Note: For further information, and to sign up to a new movement to close Guantánamo, please visit the new website, “Close Guantánamo,” which you can join here, and also please sign a new White House petition on the “We the People” website calling for the closure of Guantánamo. 25,000 signatures are needed by February 6.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.