Saudis in Guantanamo

A long read featuring substantial excerpts from, and my detailed analysis of an absolutely devastating ruling against the US authorities in the military commission pre-trial hearings for Abd al-Rahim al-Nashiri. A Saudi national held and tortured in CIA “black sites” for nearly four years before his transfer to Guantánamo in September 2006, al-Nashiri’s trial judge, Col. Lanny Acosta, Jr., has just refused to allow prosecutors to use self-incriminating statements al-Nashiri made to a “clean team” of interrogators four months after his arrival at Guantánamo, because, he has concluded, there is no way that he was acting freely, given the extent of the torture to which was subjected in the “black sites,” and the “conditioning” that accompanied it, requiring him to tell his interrogators what they wanted to hear, to prevent further torture.

My report about a devastating opinion issued by the UN Working Group on Arbitrary Detention, regarding Abd Al-Rahim Al-Nashiri, held and tortured in CIA “black sites” for nearly four years, between 2002 and 2006, and at Guantánamo since September 2006. Although he has been charged in the military commissions, the Working Group concludes that his treatment has been so lawless and brutal that it constitutes arbitrary detention, and calls for his immediate release. The opinion follows a similarly devastating opinion relating to Abu Zubaydah, which I wrote about at the end of April.

Remembering Yasser al-Zahrani, Mani al-Utaybi and Ali al-Salami, the three men who died on this day at Guantánamo 17 years ago. The official narrative — that they committed suicide — is no more plausible than it was then, and other deaths at Guantánamo, also described as suicides, also remain suspicious.

Announcing the good news that Ghassan Al-Sharbi, a Saudi national, has been repatriated from Guantánamo after nearly 21 years’ imprisonment, and tracing his long journey through the military commissions, the prison’s broken trial system, and its over-cautious administrative review processes, the Guantánamo Review Task Force and the Periodic Review Boards.

I mark the 16th anniversary of the deaths of three men at Guantánamo, and revisit the implausibility of the official narrative, which is that they committed suicide. This is an act of remembrance that I engage in every year, and this year I include new information about the events of that particular night that was provided by former prisoner Mansoor Adayfi in his memoir ‘Don’t Forget Us Here,’ published last summer.

Good news, as torture victim Mohammed al-Qahtani has finally been released from Guantánamo, where it was eventually recognized that his schizophrenia could not be dealt with adequately at the prison. At Guantánamo, meanwhile, 38 men are still held, half of whom have been approved for release, and more releases must follow soon.

My report about the decision by a Periodic Review Board at Guantánamo to approve for release Ghassan al-Sharbi, a Saudi once put forward for trial by military commission as an alleged al-Qaeda bomb-maker, although the charges were subsequently dropped. The decision means that over half of the men still held — 20 of the remaining 39 prisoners — have now been approved for release.

My report about the latest welcome news from Guantánamo: the decision by a Periodic Review Board to approve the release of Mohammed al-Qahtani, who suffers from schizophrenia, which pre-dates his capture and arrival at Guantánamo in 2002. Despite this, the US authorities tortured him over the course of several months, in 2002-03, after discovering that he was apparently the intended 20th hijacker for the 9/11 attacks. Finally, however, the authorities have recognized that his mental health issues are so profound that he cannot be adequately treated at Guantánamo, and have accepted the need for him to be repatriated to Saudi Arabia where he can receive proper treatment.

My article marking the 15th anniversary of the death at Guantánamo of three prisoners — all long-term hunger strikers and fiercely resistant to the brutal lawlessness of the prison — who, according to the US authorities, died in a “suicide pact,” although that explanation has been robustly challenged on several occasions in the intervening years.

A detailed examination of the current Guantánamo cases before the US courts, some involving a long-running struggle for due process rights, others involving the imminent end to the war in Afghanistan, and another involving severe mental health issues. There are glimmers of hope in the litigation, but it already seems clear that the Biden administration is intent on resisting judicial interference when it comes to Guantánamo, and is more interested in making decisions about whether or not to release prisoners through the purely administrative Periodic Review Board process, which, just last month, approved three long-standing “forever prisoners” for release.