Throughout this period in which I have been studying Shaker’s story (for the last six years), it has been clear that there was no good reason for Shaker Aamer to be held. He was told in spring 2007 that he had been cleared for release by the Bush administration, and in August 2007 Gordon Brown, taking over from Tony Blair as Prime Minister, requested his return along with the other British residents.

Nevertheless, he was not freed, and with a new President in the US and a new government in the UK it was not initially known what his status was as the 10th anniversary of the opening of Guantánamo approached. However, two recent discoveries have ensured that, on the 10th anniversary of Shaker’s arrival at Guantánamo, there are no obstacles to his immediate release, however much representatives of the US or UK governments may pretend otherwise.

Firstly, it was revealed, on December 1, in a letter to Congress from four British MPs — Jeremy Corbyn, John Leech, Caroline Lucas and Michael Meacher — that Shaker had been “cleared for transfer out of Guantánamo” as a result of the review of all the remaining prisoners’ cases that was conducted throughout 2009 by the Guantánamo Review Task Force, established by President Obama when he came into office. The document that contained that information also informed him, “The US government intends to transfer you as soon as possible.” This had been presumed, but it had never been spelled out explicitly before.

The enormously significant confirmation that Shaker has been “cleared for transfer out of Guantánamo” for at least two years was followed by the passage of the National Defense Authorization Act, which contained another important lifeline for Shaker. This is not generally well known, because the NDAA is an otherwise dispiriting piece of legislation, in which lawmakers authorised mandatory military custody for anyone accused of being a terrorist with ties to al-Qaeda, and also insisted that Guantánamo prisoners cannot be released if there is a risk of them ever posing a threat to the US, and cannot be released to any country in which a single ex-prisoner has been accused of engaging in activities against the US.

However, as my colleague Tom Wilner, who was Counsel of Record for the Guantánamo prisoners in their cases before the Supreme Court in 2004 and 2008, explained in a recent article for the new “Close Guantánamo” campaign (which I also posted here), the NDAA also contains a provision allowing the administration to bypass the Congressional obstructions regarding the release of prisoners from Guantánamo. As he explained, Section 1028 of the NDAA explicitly allows the Secretary of Defense, in consultation with the Secretary of State, to waive the requirement to satisfy the onerous conditions imposed by Congress if the administration want sot release prisoners. As Tom proceeded to explain:

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.

The obvious prisoner to be released first would be Shaker Aamer, because his home is the UK, which has been the staunchest of allies in the “war on terror,” and remains one of America’s closest allies. In the hope of bringing all excuses to an end — both from the UK and from US, which “will not risk releasing Shaker Aamer” before the Presidential election in November, because, according to an official who spoke anonymously to the Observer, “We’ve taken enough hits from the right; we can’t risk any more” — there are three protests in the UK on Saturday (in London), on Sunday (in Reading) and on Tuesday (also in London), where campaigners will be raising these points in the hope of exerting pressure on both governments, and, I hope, will also begin to establish a campaign on both sides of the Atlantic to bring Shaker’s unacceptable imprisonment to an end, and to also provide hope that some of the other 88 prisoners cleared for release but still held will also be released.

The details are below:

Saturday February 11, 12 noon: Free Shaker Aamer March and Meeting in Battersea. Assemble outside Northcote Road Baptist Church, Northcote Road, London, SW11 6DB.
This event is organised by the Save Shaker Aamer Campaign, which urges supporters to “Join the Guantánamo Chain Gang,” and explains, “By February 2012, British Resident Shaker Aamer will have spent ten long years of torture and abuse in Guantánamo, despite being cleared for release in 2007. Join the Guantánamo Chain Gang walk through Shaker’s home area of Clapham Junction & Battersea. We will wear orange prison jumpsuits, chains and hoods and very slowly walk through the area chained together, ending up at Battersea Islamic Culture & Education Centre.”
At 2.15 pm, the meeting will begin at the Islamic Centre, chaired by David Harrold, where a representative of the legal action charity Reprieve, freelance investigative journalist Andy Worthington and Joy Hurcombe, the chair of the Save Shaker Aamer Campaign, will speak. Shaker’s MP, Jane Ellison, has also been invited, and it is hoped that there will also be a screening afterwards of “You Don’t Like the Truth: 4 Days Inside Guantánamo,” the documentary film about former child prisoner Omar Khadr which I reviewed on TV here.
For further information, contact Ray Silk of the SSAC on 07756 493877 or email.

Sunday, February 12, 2012, 2 pm: Free Shaker Aamer Protest, Reading. In the town centre, outside Marks & Spencer, Broad Street, Reading.
This event has been organised by Reading Save Shaker Aamer Campaign. See the Facebook page, and for further information phone 07816 665629 or email.

Tuesday February 14, 2 pm: Free Shaker Aamer Protest, US Embassy, 24 Grosvenor Square, London, W1A 2LQ.
To mark the 10th anniversary of Shaker Aamer’s arrival at Guantánamo, campaigners for his release will march round Grosvenor Square and wlll hand in cards and petitions for President Obama, which will say, “Dear President Obama, we would love you to release British resident Shaker Aamer, held without justice in Guantánamo for ten years to this day, cleared but not free. Bring him home now. End his torture and abuse — give him back his life.”
Kate Hudson, the chair of CND, and Joy Hurcombe, the chair of the Save Shaker Aamer Campaign have confirmed they will speak outside the US Embassy, and other speakers are expected.
For further information, contact Ray Silk of the SSAC on 07756 493877 or email.

If you’re in London or Reading, please come along and show your support!

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 please also consider joining the new “Close Guantánamo campaign,” 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.

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.

I hope to write more about this event and others in the coming days, but for now, while I’m absolutely delighted to be here, meeting up with old friends, making new friends and campaigning for the closure of Guantánamo where it matters the most, I’m also pleased to note that a number of compelling events have been lined up in London, which I’m delighted to publicize below:

Saturday January 7, 2012, 2-4pm: Shut Guantánamo – End 10 Years of Shame
Public Rally, Trafalgar Square, London, at the top of the steps outside the National Gallery.
This event is organized by the London Guantánamo Campaign, the Save Shaker Aamer Campaign, Stop the War Coalition and CND.

Speakers include:
Baroness Sarah Ludford MEP (Liberal Democrat)
Louise Christian (solicitor for Guantánamo prisoners)
Lindsey German (Stop the War Coalition)
Kate Hudson (Chair, CND)
Joy Hurcombe (Save Shaker Aamer Campaign)
Cortney Busch (Reprieve)
Victoria Brittain (journalist, Patron of Cageprisoners)
Kanja Sesay (NUS)

See the website here. Also, please sign the London Guantánamo Campaign’s petition for the release to the UK of Shaker Aamer, the last British resident in Guantánamo, and Ahmed Belbacha, an Algerian national who fears being repatriated, and who lived peacefully and productively in the UK from 1999 to 2001.

For more details, please email or call 07809 757176. Also see the Facebook page.

Tuesday January 10, 2012, 10.30 am: Press launch of the “Laa Tansa: Never Forget” Guantánamo timeline project
Frontline Club, 13 Norfolk Place, London W2 1QJ.
“Laa Tansa: Never Forget” is a major online project, undertaken by Cageprisoners over the last six months, to provide the most detailed interactive timeline of Guantánamo to date, for which I played a major role researching prisoner profiles, as featured in my ongoing series, “The Complete Guantánamo Files.”

Speakers:
Moazzam Begg (former Guantánamo prisoner and director of Cageprisoners)
Mousa Zemmouri (former Guantánamo prisoner, Belgium)
Murat Kurnaz (former Guantánamo prisoner, Germany)
Walid Haj (former Guantánamo prisoner, Sudan)
Saad al-Azemi (former Guantánamo prisoner, Kuwait)
Colonel Talal al-Zahrani (the father of Yasser al-Zahrani, who died at Guantánamo in June 2006)
Clive Stafford Smith (Director of Reprieve)

See the website here. For further information, please email or phone 020 3167 4416.

Wednesday January 11, 2012, 6 pm: “Guantánamo Remembered: 10 Years”
Conway Hall, 25 Red Lion Square, London WC1R 4RL.
On the 10th anniversary of the opening of Guantánamo, Cageprisoners, Reprieve and the Islamic Human Rights Commission co-host an event to reflect on the impact of a decade of Guantánamo on the lives of those held in the prison and their families.

Speakers:
Moazzam Begg (former Guantánamo prisoner and director of Cageprisoners)
Sami El-Hajj (former Guantánamo prisoner, works for Al-Jazeera)
Mousa Zemmouri (former Guantánamo prisoner, Belgium)
Murat Kurnaz (former Guantánamo prisoner, Germany)
Walid Haj (former Guantánamo prisoner, Sudan)
Saad al-Azemi (former Guantánamo prisoner, Kuwait)
Colonel Talal al-Zahrani (the father of Yasser al-Zahrani, who died at Guantánamo in June 2006)
Michael Ratner (President of the Center for Constitutional Rights)
Clive Stafford Smith (Director of Reprieve)
Massoud Shadjareh (Director of Islamic Human Rights Commission)
Gareth Peirce (human rights lawyer)
Victoria Brittain (Patron of Cageprisoners)
Asim Qureshi (Executive Director of Cageprisoners)

See the website here. For further information, please email or phone 020 3167 4416.

Thursday January 12, 2012, 6.30 pm: “Death in Camp Delta” – UK film premiere
Curzon Cinema (Soho), 99 Shaftesbury Avenue, London W1D 5DY.

Cageprisoners hosts the UK film premiere of the Erling Borgen film, “Death in Camp Delta.” The film tells the story of Yasser al-Zahrani and two other prisoners who died in Guantánamo in June 2006, reportedly by committing suicide, although that version of events has been seriously challenged by former soldiers working at Guantánamo at the time. The film features former Guantánamo prisoners Omar Deghayes, Moazzam Begg, Sami al-Hajj (Al-Jazeera), Walid Haj, and Colonel Talal al-Zahrani.

Speakers:
Erling Borgen (Filmmaker and director of “Death in Camp Delta”)
Moazzam Begg (former Guantánamo prisoner and director of Cageprisoners)
Talal al-Zahrani (the father of Yaser al-Zahrani, who died at Guantánamo in June 2006)
Cori Crider (Legal Director of Reprieve)

See the website here. For further information, please email or phone 020 3167 4416.

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.

As I have been explaining since the 9th anniversary of the opening of Guantánamo a year ago, it is now appropriate to regard most of, if not all of the remaining 171 prisoners as political prisoners, given that the Obama administration, Congress and the judiciary have all made sure that Guantánamo may never close, and that few, if any of the remaining prisoners will ever be released, even though 89 of them were cleared for release (or, technically, “approved for transfer”) by the interagency Guantánamo Review Task Force that President Obama established in January 2009.

The situation is no better for the other 82 prisoners, who are either scheduled to face trials that, in most cases, show no signs of materializing, or, in 46 cases, have been specifically designated as prisoners to be held indefinitely without charge or trial by President Obama, in an executive order last March. Although the President promised periodic reviews for these prisoners, his executive order essentially enshrines the indefensible –  indefinite detention without charge or trial — as an official policy of his administration, even though he and senior officials have been at pains to point out that it applies only to these men, and is not to be construed as lending credibility to indefinite detention in general.

That is a not an entirely convincing argument, of course, but in stepping back and looking at the situation facing all the men still held, it is, I believe, appropriate to focus not only on the injustice specifically facing these 46 men, but, as I mentioned above, to describe all the remaining detainees as political prisoners, because it makes no difference whether they have been cleared or not, as it ends up with the same result — indefinite detention, with no end in sight.

While the stories of the British ex-prisoners — eight of whom came to the Observer‘s offices to be interviewed, and to take part in a photoshoot — are fascinating, as they recall their horrendous experiences in US custody, and their struggles to rebuild their lives, it is Shaker Aamer, the charismatic, eloquent activist for the prisoners’ rights, who hovers over the proceedings, and it is Shaker, of course, who, like the 170 other men still held at Guantánamo, can now be regarded as a political prisoner, unlikely to be freed even though the Obama administration cleared him for release, and even though the British government has asked for him to be returned to the UK, where he has a British wife and four children.

Below, I’m cross-posting Tracy McVeigh’s article about the released prisoners, and an additional Observer article about Shaker, in which, sadly, it is revealed that senior White House sources have said that the Obama administration “will not risk releasing Shaker Aamer” before the Presidential election in November, because, as one said, “We’ve taken enough hits from the right; we can’t risk any more.” The article also notes that the US defence secretary, Leon Panetta — and therefore, by extension, the administration as a whole — has been “unwilling” to secure Shaker’s release by overcoming the main obstacle to the release of cleared prisoners — Congressional demands that the defense secretary certifies that any country to which prisoners are to be released is “safe,” and that released prisoners will not be able to “return to the battlefield.”

Given that this involves the UK, America’s staunchest ally in the “war on terror,” it is depressing that the administration is unwilling to tackle Congress, and it is to be hoped, therefore, that there is genuine reason to be encouraged by the Observer also noting that, with regard to the UK, “it is believed that the foreign secretary, William Hague, has called an urgent meeting early in the new year to discuss what more the British government can do to bring Aamer home.”

Securing Shaker’s return is not only a matter of justice, of course; it may also be a matter of life or death, as his attorney, Clive Stafford Smith, noted after visiting him in November. In the Independent, Paul Cahalan, who has closely followed Shaker’s case, spoke to his father-in-law, Saeed Siddique, who also raised alarm bells about Shaker’s condition. “In the 10 years Shaker has been there he has become old,” he said. “His hair has turned white and he is very ill. His children are growing now and it is difficult for them. The youngest one is nine and has never met his dad. He doesn’t know why, and he tells his mum, ‘My father doesn’t love me because he never sees me.’” He added, “Since Shaker has gone, my daughter has become very ill. She has been treated for depression and hearing voices. When she is very bad, I have to look after her and the children for weeks. It is very hard for her and all the children. When he was captured, Shaker offered to let my daughter divorce him, but she said, ‘No, I will wait for you.’ She is still waiting.”

Britain’s Guantánamo survivors are suffering a toxic legacy
By Tracy McVeigh, The Observer, January 1, 2012

After years of imprisonment, victims of America’s ‘icon of lawlessness’ were released without charge, but their lives have been shattered.

They call each other “brother” and the warmth between them is tangible. Not close friends as such, they come from different walks of life, cultures and backgrounds, but have been thrown together by a shared experience. They are Britain’s survivors of Guantánamo, the detention centre that has been called the “gulag of our times”.

All were imprisoned, interrogated and held without charge or trial; some allege that they were tortured; all have suffered lasting effects to their mental and physical health.

This month marks the 10th anniversary of the first detainees arriving at Guantánamo Bay detention camps, where the open-mesh and barbed-wire cells became synonymous with the abuse of human rights and the scandal of illegal rendition. The camp was called an “icon of lawlessness” by Amnesty International because inside its high-security fences all conventions of international justice, from the Geneva Convention to access to legal representation, were ignored.

Still in operation despite Barack Obama’s pre- and post-election pledges to close it, Guantánamo now houses 171 prisoners, including the last remaining British resident, Shaker Aamer. In total nine British citizens and six British residents were among the 779 adults and children imprisoned in Guantánamo camps, built on a US naval outpost on the southeastern tip of Cuba to house the “enemy combatants” of George Bush’s war on terror.

All bar Aamer were released back to the UK without charge. All were interviewed by the British authorities on their return and allowed to go back to whatever remained salvageable of their lives and were later awarded out-of-court compensation for their extrajudicial ordeal. Four have had their travel outside the UK restricted.

Any involvement the men may or may not have had with the fighting in Afghanistan or with any terror plots has never been proved. Most, says Guantánamo expert and author Andy Worthington, were “a bunch of nobodies”.

“One tries to stay very objective in taking an overview of Guantánamo, but at the end of the day it’s pretty evident that all but a handful of the people caught up in the trawling approach the Americans took post-9/11 in Afghanistan were not terrorists,” he said.

“Some were hanging out in Afghanistan because it was a cheap place to live or study, some young idealistic men might have gone to training camps to get involved in fighting against the Northern Alliance but, not to be too flippant, it was a bunch of boy scouts with AK47s. A combination of drifters and footsoldiers. The Americans were so busy cranking up the significance of what they were doing and hanging on to people they should have let go, it became a colossal waste of resources.”

On 14 February, 43-year-old Aamer will have spent 10 years in Guantánamo, without charge or trial, and two years after he was cleared for release by the US authorities. The day will be the 10th birthday of the youngest of his four children, Faris, who has never met his father. The family, who live in Battersea, south London, have had a difficult time coping. Aamer’s wife, Zin, suffers from depression and the children have been badly bullied because of who their dad is. Faris is struggling at school.

In a recent letter to the outside world from Aamer and six other prisoners, he wrote: “After these years of hardship that we have spent here, we want you to consider our cases as soon as possible and give us the right to a just and a public trial or set us free without restriction.”

Aamer, who worked for an Islamic relief organisation in Bosnia and Afghanistan, claims he was told by MI5 officers he could either spy on jihadists in the UK or stay in American custody. The US has accused Aamer of being Osama bin Laden’s personal interpreter, although he denies ever meeting him. In 2007 he was cleared for release.

His continuing detention is causing great concern among human rights campaigners, MPs and the British government, which has petitioned the US for his immediate release. His lawyer, Clive Stafford-Smith, who visited Aamer in November, has expressed deep concern about his declining health, made worse by several hunger strikes.

As part of the detainees’ financial agreement with the justice secretary, Ken Clarke, a sum is believed to have been set aside for Aamer, Britain’s last link to the discredited detention camp.

“We are all worried about Shaker,” said Asif Iqbal, 40, one of the “Tipton Three” who were among the first wave of British men to be released from Guantánamo in 2004 after two years in custody. All three were accused of visiting training camps for Taliban fighters in Afghanistan and handling weapons. “We know what it is like to be there and there is only so long a man can survive. He was a figure of support to everyone in Guantánamo, he really looked out for people and fought for prisoners’ rights. That is probably why they won’t let him go now.”

Campaign groups such as Reprieve and Cageprisoners and charities such as the Helen Bamber Foundation are working to provide support for the traumatised men who return from Guantánamo.

“Coming back to Britain, you are branded, you live like a guilty man. You assume they are listening to every call, every conversation,” said Feroz Ali Abbasi, 31, from Croydon, who was imprisoned in Guantánamo in 2002 after being picked up in Afghanistan.

The US authorities say he fought alongside al-Qaida and the Taliban and attended training camps. His lawyers argue that Abbasi is one of a small group of idealistic young Muslim men who found themselves caught in the wrong place at the wrong time. He was released in 2005.

“When 7/7 happened I waited for them to kick down my door. I want to go to university and I’ve to think really carefully about what course I take. Can it be misconstrued, can it be linked to terrorism? When the authorities have behaved without logic, with such stupidness, you still believe they are after us, just waiting for an opportune moment,” he said.

“It’s hard when Britain didn’t look after you. I don’t think we [ex-detainees] are wanted in this country, we’re made not to feel wanted. But they took liberties in Guantánamo Bay, and if we do not speak out they will take liberties with someone else, Muslim or not.”

The experiences of being inside the camps have not left any of the detainees. Several who came to the Observer photoshoot still find it difficult to talk about what happened, including Tarek Dergoul, 34, from east London, who lost an arm and his toes in an US airstrike in Afghanistan where he said he was on a business trip to buy property. He has talked about his torture before, but today says he cannot and politely refused to be photographed. “Sometimes you can talk and sometimes it sticks in your throat,” he said.

Abbasi recognised how Dergoul is feeling: “For me, speaking English broke a lot of barriers, because if you speak to the guards you become a person. I had two years in isolation, so you had to talk to soldiers.

“I spent a lot of time analysing them and realised that for Americans they have to believe they are right. You have to be a terrorist. They assume you are both Taliban and al-Qaida, there is no doubt in their minds, and in their view they have a right to treat you badly, seeking their retribution.

“I remember looking through my cage at another man who had a wife and child and thought how lucky I was to be a single man so I could concentrate on myself surviving. You are on edge 24/7, your senses are tuned to what they will do to you next, a footstep, a bolt opening, the creak of a door. Once I’d left, my mind did strange things. I’d be walking down the street and see buildings on fire, cars on fire. I had this impulse to hit out at people, even my mother. It was very troubling. Over time I’m becoming myself, but I did forget who I was. You are in one consciousness all the time, one survival mode.”

The bonds created between the survivors are strong and all the men are here in order to support the campaign for the release of Shaker Aamer.

“The pain of Guantánamo is made much worse by the pain of people left there,” said Bisher al-Rawi, 44, an Iraqi living in Derby, who was released in 2007 after almost five years. “When Guantánamo started I was living in London and watching all about it on TV. Back then I truly believed that the people in Guantánamo were terrorists. It’s funny, but I did.”

Bisher said he was on a business trip to Gambia with his business partner, Jamil el-Banna, when he was arrested by the Gambian National Intelligence Agency in November 2002. They were later handed on to US authorities, who sent them to Bagram airbase and from there to Guantánamo Bay. US files show they were believed to have been in possession of bomb-making devices.

“It is like being thrown into a very dark grave. The level of fear it is possible to experience and survive is something terrible. I tried very hard to preserve my body and my mind and thought I had done a good job until I was released. The emotions involved are still very personal and overwhelming, there is a real deep pain. I try not to remember the faces of the people who hurt me, so I can concentrate on those who are left behind.”

Al-Rawi said he too was glad he did not have a family. “I’d been really hoping to get married and it didn’t work out; that was something I was very thankful for when I was in Guantánamo. The families suffered so much, I was glad that was not my family.”

The “no smoke without fire” approach has dogged all the survivors back in the UK. Omar Deghayes had to have CCTV fitted at his home by police because of months of racist attacks by local youths.

For Deghayes, 42, six years’ imprisonment in Guantánamo also destroyed his marriage. His wife in East Sussex wrote to him in prison, but her letters were never delivered and neither were his to her. Both believed they had been abandoned and she returned to her family in Afghanistan. It was, he has said, one of the cruellest things that happened to him during his detention.

The other was the loss of sight in one eye after a guard allegedly tried to gouge out his eyeballs with his fingers. Deghayes, a law graduate, fled Libya for the UK as a child after his father was executed by the Gaddafi regime. He had been living in Pakistan with his wife and child when he was picked up by the Americans.

Suffering from post-traumatic stress disorder, Deghayes now lives in Brighton and works with human rights group Reprieve and other survivors of Guantánamo on the ongoing court cases against the UK government’s alleged complicity in human rights abuses at Guantánamo and other detention centres around the world.

An inquiry into the involvement of British intelligence services in torture and rendition has opened but is not due to begin calling witnesses until all those cases have concluded. All the British detainees, and charities including Amnesty International, have announced they will boycott the Detainee Inquiry, headed by Sir Peter Gibson, because of concerns that it will not be open and transparent.

“We may never get a public inquiry and examination of what happened at Guantánamo,” said Worthington. “But we do know it has left a toxic legacy. Guantánamo was an aberration.”

Abbasi’s verdict was simple and damning: “Guantánamo was an excuse to take away the rights of ordinary people. It must not happen again.”

Last British resident held in Guantánamo Bay faces another year’s captivity
By Tracy McVeigh, The Observer, January 1, 2012

The last British resident being held in Guantánamo Bay faces at least another year in detention because of wrangling in a US presidential election year. Senior White House sources have said the Obama administration will not risk releasing Shaker Aamer before November. “We’ve taken enough hits from the right; we can’t risk any more,” one said. Another said: “There will be no rocking of boats from now on in.”

As the 10th anniversary of the opening of the detention camp in Cuba approaches, it is believed that the foreign secretary, William Hague, has called an urgent meeting early in the new year to discuss what more the British government can do to bring Aamer home.

He will complete his 10th year in Guantánamo on 14 February, although he has never been charged or faced trial. His British wife, Zin, last saw her husband when she was pregnant with their fourth child. Aamer has never met his son, Faris.

Campaigners are stepping up efforts to draw attention to Aamer’s case, after his British lawyer, Clive Stafford-Smith, found the 43-year-old former charity worker in poor health during a visit to the prison in November.

“I do not think it is stretching matters to say he is dying in Guantánamo Bay,” said Stafford-Smith, director of the human rights charity Reprieve. Although Aamer was cleared for release by the US authorities in 2007 there have been no further moves to return him to the UK. He was first picked up in Afghanistan in 2001 where he said he worked for an Islamic charity. But the US suspected him of both Taliban and al-Qaida connections, accusing him of being a translator for Osama bin Laden.

New US legislation has also proved to be a stumbling block to his release with the US defence secretary, Leon Panetta, now responsible for certifying that Britain is a safe place for him to return to, and that he will commit no crimes there — something Panetta has been unwilling to do.

Stafford-Smith said: “Britain has the best record of any country with former Guantánamo prisoners, with nobody released committing any offence, and Shaker Aamer has never committed a crime of any kind. Why does Britain pretend it has a special relationship if a British resident is still in this shameful position?” He said Aamer had suffered “unfathomable abuse”.

Jane Ellison, Tory MP for Battersea, where Aamer’s wife and children live, is writing to Barack Obama to urge his immediate release. “People forget that behind this is a family in deep distress and a man in poor health,” she said. This is a human tragedy as much as a political embarrassment. The family of Shaker Aamer are hurting and they need him home.”

She has tabled several questions in the Commons drawing attention to Aamer’s plight and believes the UK Government is committed to bringing him home but is up against a lack of political will in the US.

“After 10 years, the bottom line should be that if they aren’t going to charge him, they should release him. That is the way we have conducted ourselves in Britain since the Magna Carta.”

But Aamer’s own campaigning spirit may be working against him. “The irony is that Shaker may be the victim of what he has done inside Guantanámo rather than anything he might be suspected of doing previous to his captivity. He has been a thorn in the side of the prison authorities, organising hunger strikes and fighting for prisoners’ rights. By all accounts he is a charismatic and eloquent man,” said investigative journalist and author Andy Worthington.

*****

The following is also from the double-page feature in the Observer:

The men America freed

Asif Iqbal, 40, of Tipton, West Midlands

Released in March 2004 after two years. On arrival at Guantánamo, a soldier told him: “You killed my family in the towers and now it’s time to get you back.”

Jamil el-Banna, 59, a Palestinian from Jordan

Has UK refugee status. He has five children, the last one born while he was in captivity. Released in 2007.

Jamal al-Harith, 45, from Manchester

A backpacker arrested by the Taliban who ended up in US detention. The web designer was freed in 2004 after two years.

Feroz Ali Abbasi, 31, from Croydon, south London

UK citizen born in Uganda. In 2002 the British Court of Appeal found his detention “legally objectionable”. Freed in 2005.

Bisher al-Rawi, 44, Iraqi-born

British resident living in Derby with wife and two young children. Picked up in Gambia in 2002 and freed in 2007.

Shafiq Rasul, 44, of Tipton, West Midlands

Released March 2004. US supreme court case Rasul vs Bush established detainees could challenge whether their detention is constitutional.

Rhuhel Ahmed [Ruhal Ahmed], 40, of Tipton, West Midlands

Held without trial or charge for more than two years. One of the Tipton Three who released a report detailing abuse and torture.

Martin Mubanga, 38, from Wembley, north London

Victim of extraordinary rendition, held for 33 months accused of al-Qaida links after his passport was found in a Pakistan base.

Moazzam Begg, 43, from Birmingham

After three years in US custody, he is now director of the London-based prisoners’ rights charity Cageprisoners Ltd and an outspoken critic of anti-terror legislation.

Tarek Dergoul, 34, from London

Claims to have gone to Afghanistan to buy up properties from fleeing refugees. Lost an arm and toes in an allied bombing raid. Although he attended the photoshoot to support his fellow detainees, he is deeply shy and politely refused to be photographed.

Omar Deghayes, 42, from Brighton

The Libyan-born British citizen was blinded, beaten and sexually assaulted between 2002 and 2007, despite having never been charged with an offence.

Richard Dean Belmar, 32, from London

Returned to the UK in 2005 after three years imprisonment, first in Pakistan, then Bagram and finally Guantánamo. Converted from Catholicism to Islam and had enrolled in a religious school in Afghanistan.

Binyam Mohamed, 33

An Ethiopian national who moved to the UK in 1994, he spent seven years in custody, four at Guantánamo. He was released in 2009. He is taking the government to court over British alleged complicity in his torture.

Sameur Abdenour [Abdulnour Sameur], 38, from London

Fled persecution from the military dictatorship in his native Algeria and was granted asylum in this country in 2000. He was detained in Guantánamo from 2002 to 2007.

… and one they still hold

Shaker Aamer, 43, Saudi-born

Next month Aamer will mark the 10th anniversary of his detention in Guantánamo. He worked as a legal translator in the UK and married a British woman in 1994. He claims to have been in Afghanistan working for a Saudi charity when he was picked up in 2002 and handed over to the Americans. He is thought to have angered the prison authorities by going on hunger-strike protests. He was cleared for release by the US in 2007 but remains in isolation.

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.

Speakers include:

Jeremy Corbyn MP (Lab, Islington North)
Jane Ellison MP (Con, Battersea — and Shaker’s MP)
Imam Suliman Gani (Tooting Mosque)
Lindsey German (Stop the War Coalition National Convenor)
Kate Hudson (Chair, CND)
Joy Hurcombe (Chair, Save Shaker Aamer Campaign)
Sabah Jawad (Iraqi Democrats Against Occupation)
Jean Lambert MEP
Bruce McKenzie (Wandsworth Green Party)
Carol Turner (Afghan Withdrawal Group Convenor)
Walter Wolfgang (Labour CND)
Andy Worthington (Journalist, author of “The Guantánamo Files”)

I’ve been asked to read out Articles 9 and 10 of the UDHR, both of which are particularly appropriate for Shaker’s case.

Article 9
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

The time is ripe for a major push on the British government to secure the return of Shaker Aamer, a charismatic and eloquent man who has always resisted American and British injustice and has persistently demanded rights for the prisoners seized in the “war on terror,” and who, as a result, has been repeatedly punished for it — through brutal treatment, and long years in isolation.

Not only has Shaker been held without charge or trial for over ten years (he was sold to US forces in Afghanistan on November 24, 2001), but, as I explained in an article last week, “British MPs Write to Congress to Complain About Guantánamo and to Demand the Release of Shaker Aamer,” it was revealed for the first time, in a letter to Congress from four British MPs, that Shaker Aamer was officially cleared for release from Guantánamo by President Obama’s Guantánamo Review Task Force, an interagency review team that issued its recommendations nearly two years ago, in a report submitted to the President in January 2010.

To reiterate: The fact that Shaker was cleared for release by President Obama’s advisors was revealed for the first time in the MPs’ letter last week, and, as a result, it is completely inexcusable that he is still being held, and that, 18 months since ministers in the Tory-led government first heard from former Guantánamo prisoners about how important Shaker was to them, and promised to work hard to secure his release, nothing has been done.

Despite their fine words, ministers in the Tory-led coalition government have proved to be as indifferent — or quietly hostile — to the fate of Shaker as their predecessors (and the US authorities), and the only reason that I can infer from this is that all of them would prefer to keep him unjustifiably detained — forever, if possible — to prevent him from exposing terrible truths about the torture and abuse that has permeated the regime at Guantánamo, and, previously, in Afghanistan.

After the readings, there will be a photo shoot at 2 pm, with short speeches beginning at 2.15 pm. A SSAC letter and petition will be handed in to Prime Minister David Cameron at 2.30 pm.

For further information, please email the Save Shaker Aamer Campaign, or phone 07756 493877.

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.

His story features prominently in the documentary film, “Outside the Law: Stories from Guantánamo,” that I co-directed with Polly Nash. In August, I publicised a report that he was on a hunger strike, and just last week I cross-posted, with my own commentary, an article by his lawyer, Ciive Stafford Smith, who had just paid his first visit to Guantánamo for a number of years, and a letter Stafford Smith had written to the British foreign secretary William Hague, revealing how ill Shaker Aamer is after ten years in US custody.

In their open letter, the MPs eloquently called for the return of Shaker Aamer to his wife and children in the UK, and mentioned, for the first time ever in public, that he was “cleared for transfer out of Guantánamo” as a result of the review of all the remaining prisoners’ cases that was conducted throughout 2009 by the Guantánamo Review Task Force, established by President Obama when he came into office. The document that contained that information also informed him, “The US government intends to transfer you as soon as possible.”

Although it was well-known that Shaker Aamer had been told that he had been cleared for release from Guantánamo early in 2007, that was never officially confirmed, and, when WikiLeaks released classified military assessments for the Guantánamo prisoners in April this year, his file, dated November 2007, recommended him for “Continued Detention Under DoD Control.”

Given that it has now been confirmed that Shaker Aamer was cleared for release under President Obama no later than January 2010, when the Guantánamo Review Task Force issued its final report, it beggars belief that he is still held, because, although Congress passed legislation almost a year ago insisting that, as the MPs put it, “detainees from Guantanamo must be ‘certified’ before being transferred” — meaning that the defense secretary must guarantee to lawmakers that any prisoner the administration intends to release is not being sent to a country where they might be at liberty to take up arms against the US — there is obviously no way that lawmakers could possibly argue that what they had in mind was the UK, one of America’s closest allies, and the firmest of friends in the “war on terror,” unless they wanted to expose themselves to ridicule.

It is my contention that this announcement about Shaker Aamer’s status must lead to his release in the near future, but in the meantime, I am delighted to present, below, the letter that Britain’s only Green MP, the formidable Caroline Lucas, sent to Congress, along with her hard-working colleagues, the Labour MPs Jeremy Corbyn and Michael Meacher, and the Liberal Democrat MP John Leech.

An Open Letter to the US Congress From Members of the British Parliament About Guantánamo
By Jeremy Corbyn, John Leech, Caroline Lucas and Michael Meacher, Truthout, December 1, 2011

As a group of elected members of Parliament (MP) from all the main parties represented at Westminster, we are outraged by the current position of the US Congress which, apparently, means that Guantánamo Bay prison will never be closed, and, of particular concern to us, that a British resident who was cleared for release more than two years ago, cannot return here.

The US official document given to him states, “On January 22, 2009 the president of the United States ordered a new review of the status of each detainee in Guantánamo. As a result of that review you have been cleared for transfer out of Guantánamo … The US government intends to transfer you as soon as possible …”

Mr. Shaker Aamer, who has a British wife and four children, has now been held for nine and a half years, despite the fact that officials in the US governments of both President Bush and President Obama have been aware for several years that there was never a case for him to answer.

During this period Mr. Aamer has been tortured by US agents — for example, by having his head repeatedly banged against a wall — and has witnessed the torture of another UK resident.

In January of this year, with eight other prisoners, Mr. Aamer started a new hunger strike to press for his release. In a scribbled note to his lawyers on the official paper saying he could be released, he urged them to work fast and get him home to his wife and kids “before it’s too late.”

In recent days, new evidence has emerged via a legal representative who has visited Mr. Aamer about his fragile state of health, including extreme kidney pain and serious asthma problems. He is clearly in urgent need of an independent medical assessment.

The British foreign secretary has raised this appalling case with the US secretary of state, stressing its high importance to the UK government and to many people in Britain who are shocked by the painful injustice Mr. Aamer and his British family have suffered at the hands of our ally.

In Britain, we have seen nine UK citizens and five UK residents returned from Guantánamo, after prolonged negotiations and court action, and the UK government took the responsibility for those men’s conduct on their return. All have been exemplary members of our society ever since. There is no reason to believe Mr. Aamer would be any different, and the UK government is responsible for verifying that.

Mr. Aamer was not returned with the others during the Bush period, perhaps because he knew too many terrible stories from the prison. As a Saudi citizen, educated in the US, with a warm and outgoing personality, he had language and social skills that made him a chosen leader in several negotiations with the US authorities in Guantánamo Bay prison — notably over ending earlier hunger strikes. The negotiations failed when the prison authorities did not keep the bargains made, according to lawyers familiar with that period in the prison. Mr. Aamer’s prominence among the prisoners has been reported by former prisoners, by several US guards and a number of lawyers with experience in his case.

We understand that the US government at one point planned to return him, against his will, to Saudi Arabia. Once there, he would have entered a re-education program, and it is likely his British family — who do not speak Arabic — would not have had the necessary status to be able to join him. He has told his family — in two phone calls in the entire period — his wish is to return to them in London and recover from his ordeal by living a quiet family life.

For all these years, his family have kept as far as possible out of the public eye, maintaining their privacy and dignity in very difficult times, without husband and father. This unimaginable pain has gone on longer than anyone should have to bear. It is difficult for us to understand this is going on in our country because of the attitude of the elected leaders of US friends and allies.

The loss of their father came after the family was living quietly among aid workers in Kabul where Mr. Aamer was building schools and digging wells. When the US bombing of Kabul began a month after 9/11, he took his family to Pakistan for safety and returned to look after their home and effects in Kabul. We do not know how he then came to be in US custody, but we know enough about the bounties paid then by the US for foreigners to be extremely uneasy about what may have triggered his long incarceration — unprotected by the Geneva Conventions, which are the common heritage of our nations that fought together in World War II to defend a world free of fascism and injustice.

We know that the National Defense Authorization Act 2011, which came into force in January of this year, means that detainees from Guantanamo must be “certified” before being transferred, and that new draft legislation is currently being debated in the Senate for when this act lapses in September. What “certification” beyond the word of our foreign secretary do you need to send home a man your own military authorities have cleared as innocent?

We strongly urge members of Congress to take action on Mr. Aamer’s case to end this intolerable situation, which casts a dark shadow over America’s reputation here.

Jeremy Corbyn, MP
John Leech, MP
Caroline Lucas, MP
Michael Meacher, MP

House of Commons, London SW1

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.

NOTE Dec. 5: The screening at Middlesex University on November 29 was postponed, because, due to a water leak, the whole of the Hendon Campus was closed on health and safety grounds, but was rescheduled for December 6.

“‘Outside the Law’ is a powerful film that has helped ensure that Guantánamo and the men unlawfully held there have not been forgotten.”
Kate Allen, Director, Amnesty International UK

“[T]his is a strong movie examining the imprisonment and subsequent torture of those falsely accused of anti-American conspiracy.”
Joe Burnham, Time Out

As featured on Democracy Now!, ABC News and Truthout. Buy the DVD here (£10 + £2 postage in the UK, and worldwide) or here if in the US ($10 post free).

On Monday and Tuesday next week, in New York and London, there will be two screenings of the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington), which, in the last two years, has had hundreds of screenings during two UK tours, a US tour (plus screenings on two further US visits), and a Polish tour, as well as film festival screenings in the UK, the US and Norway, many of which have featured Andy Worthington answering post-screening questions about Guantánamo past, present and future.

The intention of the screenings, as with every showing, is to raise awareness of the truth about Guantánamo, extraordinary rendition, secret prisons and torture, explaining how the Bush administration turned its back on domestic and international laws, rounding up men and boys in Afghanistan and Pakistan without adequate screening (and often for bounty payments), and also explaining why some of these men may have been in Afghanistan or Pakistan for reasons unconnected with militancy or terrorism (as missionaries or humanitarian aid workers, for example).

With the 10th anniversary of the opening of Guantánamo looming (on January 11, 2012), and 171 men still held with, essentially, no prospect of release, because President Obama has failed to close the prison as promised, and supporters of arbitrary detention have taken the upper hand, it is of enormous importance that Guantánamo remains in people’s consciousness, and that those concerned with human rights and justice continue to take action to secure the prison’s closure.

For British audiences, the film has added significance, as those still held include Shaker Aamer, the last British resident in Guantánamo, whose story is featured in the film, along with those of released prisoners Omar Deghayes and Binyam Mohammed. And the timing is particularly appropriate, because, yesterday, I wrote about Shaker Aamer in an article entitled, After Ten Years in US Custody, British Resident Shaker Aamer “Is Gradually Dying in Guantánamo,” Says Clive Stafford Smith, which coincided with the 10th anniversary of his detention without charge or trial.

The details of the screenings, which are both free, and open to the public are below:

Monday November 28, 2011, 6 pm: Film screening – “Outside the Law: Stories from Guantánamo.” Followed by Q&A with Leili Kashani from the Guantanamo Global Justice Initiative at the Center for Constitutional Rights, and Jeremy Varon, Professor of History at the New School and organizer with Witness Against Torture.
The New School, 80 5th Ave., Room 529, New York.
Jeremy writes: “Please join us for a screening of ‘Outside the Law: Stories from Guantánamo.’ Made by one of the world’s leading Guantánamo researchers, the film tells the tragic, infuriating, and still-shocking tale of the United States’s torture of men at Guantánamo and Bagram prison. It traces the history of US detention policy and, through interviews with lawyers and former detainees, shows the human impact of the violation of basic rights and the rule of law. The film will be followed by a dialogue led by Leili Kashani and Jeremy Varon. The two will discuss the current status of Guantánamo and detention policies, as well as plans for a mass demonstration in Washington, D.C. on January 11, 2012 — the tenth anniversary of the detention facility at Guantánamo.
For further information, please contact Jeremy Varon.

Tuesday November 29, 2011, 5.30 pm: Film screening – “Outside the Law: Stories from Guantánamo.” Followed by Q&A with Andy Worthington.
Middlesex University, Room G190c, The Grove Building, Hendon Campus, London, NW4 4BT.
This event is organised by Amnesty International Middlesex Society.
For further information, please contact Nadira Irdiana, President, Amnesty International Middlesex Society. Also see the Facebook page, and, for directions, see Map 1 here.

For further information about the film, for interviews, or to inquire about broadcasting, distributing or showing “Outside the Law: Stories from Guantánamo,” please contact Polly Nash or Andy Worthington, and please see below for the first five minutes of the film:

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 is a time of grim anniversaries. The 10th anniversary of the 9/11 attacks in September was followed, in October, by the 10th anniversary of the US-led invasion of Afghanistan, and, as the 10th anniversary of the opening of Guantánamo approaches, on January 11, 2012, we have now reached the point where we can begin to mark the 10th anniversary of the dates on which the 171 men still held there were first seized, and to reflect on what it says about America’s notions of justice and fairness that they are, for the most part, still held without charge or trial.

On his visit to Guantánamo, Stafford Smith was visiting Shaker Aamer, the last British resident in Guantánamo, whose case has long been of concern to British citizens and to opponents of Guantánamo in the US and elsewhere in the world. I have written about his case extensively over the years, and his story also features in the documentary film, “Outside the Law: Stories from Guantánamo,” which I co-directed with the filmmaker Polly Nash.

A British resident with a British wife and four British children, Shaker Aamer has never been charged or tried, and yet, as Clive Stafford Smith reports, in an article, a press release and a letter to the British foreign secretary William Hague, all cross-posted below, he remains held, exactly ten years since he was first seized, even though he was notified that he had been cleared for release in 2007, and even though successive British governments have requested his return to the UK.

Those closest to his case have been obliged to conclude, for many years, that he is still held because, as an eloquent, charismatic man, and the foremost advocate of the prisoners’ rights, he knows too much, and these fears are further confirmed with the knowledge that he stated that, on the night of June 9, 2006, when three other prisoners died in Guantánamo in disputed circumstances (the authorities claimed that it was suicide, while soldiers who were present have suggested that the men may have been killed), he was tortured to within an inch of his life.

In addition, although the Labour government under Gordon Brown and the current Tory-led coalition government have requested the release of Shaker Aamer, his continued detention appears to be inexplicable unless, like their US counterparts, the British authorities do not really want him released either. Shaker Aamer embarrassed the British government in 2009, when he won a court case to secure the release of information regarding his claims that he was tortured by US forces in Afghanistan while UK agents were in the room, and this might explain the government’s reluctance to secure his return, were it not for three additional facts: firstly, that the Metropolitan Police are investigating his torture claims, and that he is surely needed as a witness; secondly, that the British government reached a financial settlement with him a year ago, which cannot be concluded while he is still in Guantánamo; and thirdly, that David Cameron’s much-criticised torture inquiry, into British complicity in torture abroad, cannot realistically begin while Shaker Aamer is still detained.

To shed further light on the current situation at Guantánamo, on Shaker Aamer’s case, on his array of physical and mental ailments, as a result of his ill-treatment over the years, and on the inexcusable inaction by both the British and the American governments, I refer you to Clive Stafford Smith’s commentaries below, and, if you would like to add your voice to those pressing for Shaker Aamer’s return,  you can email William Hague here or you can write to him at the following address: The Foreign Secretary, William Hague MP, The Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH.

Guantánamo Bay: An Unpalatable Visit
By Clive Stafford Smith, Huffington Post UK, November 23, 2011

This week I visited Shaker Aamer, the last remaining British resident being held in Guantánamo Bay.

He was originally detained on 24 November 2001, so he is marking ten years in prison without any charge. I cannot disclose what he said to me because, as ever, complaints he might have about his mistreatment, or his chronic health problems, are deemed classified until the United States sees fit to allow me to discuss them. However, Guantánamo is more depressed than ever, as perhaps illustrated by my own experiences on the gastronomic front.

I was looking forward to dining in the best restaurant on the Leeward Side of the infamous navy based, the Clipper Club, which qualifies because it is the only place that is normally open by the time our ferry gets back from the Windward side of the bay. The Club normally boasts a microwave pizza, which is putrid, but also a gin and tonic, which I find more nutritious.

So I walked down there on my first evening, past a couple of million dollars’ worth of new, wholly unused, now abandoned and overgrown, military housing units that some civilian Pentagon contractor got paid to put up two years ago. Arriving eagerly at my destination, I was aghast to discover that military economies meant that the Club now opens only on weekends. There was only one remaining dining alternative, the vending machine at the motel.

Therefore, after an appetiser of Planters Peanuts (not quite past their expiration date yet, but tasting rather stale), the main course was a bright green bag of Kars’ All Energy Trail Mix. I could only swallow half of my dessert, as my memory deceived me, and the Reese’s Peanut Butter cups were not up to par.

The nice lady from Jamaica at the front desk (who is, if my earlier visits hold true, being paid substantially under minimum wage by another civilian contractor) confirmed that the satellite dish had been broken for a while, so there was no chance of much after-dinner diversion. I asked when it might be fixed; she laughed rather charmingly, and said she knew of no plan to do anything about it. Tomorrow night’s entertainment will, then, be rather similar to this evening’s: tomorrow, and tomorrow, and tomorrow.

Indeed, on my second evening on the island, things had not improved. One of the silly new rules dictated that I must choose between cutting off my visit with Shaker Aamer 50 minutes early, and being refused a visit to the main shop on the Windward side.

I chose the latter, hoping against hope that the little shop on the Leeward side would still be open when my ferry got there. Alas, while the lights were still on, I was fifteen minutes late.

So I repaired to the vending machine again; even the remaining Reese’s cup seemed appetising tonight.

Guantánamo is, increasingly, torture for all those concerned. The soldiers have long since forsaken the notion that by holding prisoners without trial they are preserving the rule of law; the prisoners have lost all hope, ten years into their endless detention; and, as the Gitmo Diet takes hold, even the lawyers are finding their visits unpalatable.

Shaker Aamer, last British resident in Guantánamo Bay, ‘celebrates’ his tenth year imprisoned without charge or trial
Reprieve press release, November 24, 2011

Ten years ago today Shaker Aamer was detained in Afghanistan. He was subsequently sold for a bounty to US forces, tortured in Bagram Air Force Base and Kandahar (with British agents as witnesses), before being transferred to Guantánamo Bay for additional abuse.

He has never been charged with any offence, and published reports indicate that he is one of 88 among the 171 prisoners remaining in Guantánamo Bay who has long been cleared for release from the prison. However, the law in the US as it currently stands requires that the US Secretary of Defense Leon Panetta must certify that Britain is a safe place for him to return to, and that he will commit no future crimes there — something that apparently Panetta has been unwilling to do.

Immediately upon visiting Shaker last week, Reprieve’s director wrote to Foreign Secretary William Hague concerning the laundry list of physical ailments that Shaker suffers — a list that had just been cleared through the US censorship process. That disturbing letter has now been made public [and is cross-posted below].

Reprieve’s director Clive Stafford Smith said: “I saw Shaker last Thursday and he tries to put a brave face on ten years of horrible abuse, but it is enough to wear any human being down almost to the point of death. Why does Britain pretend it has a Special Relationship if someone from London can be held for a decade without any due process, leaving his British wife without a husband and his British children without a father?

“Notwithstanding the fact that Britain has the best record of any country with former Guantánamo prisoners (nobody released has committed any offence), and that Shaker Aamer has anyway never committed a crime of any kind, the US Secretary of Defense is apparently not willing to certify that it would be safe for him to return here. It’s time someone in the British government told Leon Panetta what time of day it is.”

Clive Stafford Smith’s letter to William Hague regarding Shaker Aamer, November 18, 2011

Rt. Hon. William Hague
Foreign & Commonwealth Office
King Charles Street London

Re: Shaker Aamer & Guantánamo Bay

Dear Mr Hague:

I am writing to you urgently from Miami International Airport. I have just flown in from Guantánamo Bay where I visited Shaker Aamer yesterday. While there are aspects of that visit that I may not divulge due to US classification rules, I am permitted to relay my impressions, as well as detail the materials that were unclassified yesterday.

These give great cause for concern. Mr Aamer has suffered abuse that is unfathomable in the twenty-first century. One of the many areas of concern is his physical health.

Mr Aamer has now been held in isolation for more than two years. The US authorities may quibble about the term “isolation” (they have been known to do so in the past), but nothing can change the fact that Mr Aamer has been held in a solitary cell for that time, and much more over the past ten years. He has been thus punished because he continues to insist on the most basic elements of justice: that he be given a fair trial.

He has listed for counsel the following physical ailments that currently afflict him:

• Arthritis in the knees and fingers, stemming from his abuse in custody;
• Serious asthma problems (exacerbated, almost to the point of asphyxiation, when the US military sprays him with pepper spray during their periodic forcible cell extractions, or FCEs);
• Heartburn and acid reflux exacerbated by the diet;
• Prostate pain, with serious problems with urination;
• Problems with his ears, including the loss of balance and dizziness;
• Neck, shoulder and back pain resulting from the beatings that he has suffered;
• Serious infection of his nails;
• Ring worm and itchiness between his legs;
• Constant haemorrhoids and rectal pain;
• Extreme Kidney pain.

He also complains of E-N-T problems, serious insomnia, nerve problems in his right leg, and so forth. I can directly attest to various of these problems. For example, if the US insists that his food is of good quality, I can tell you that I tasted the lunch that he was given yesterday and it was revolting. I observed the infection of his left thumb, his right thumb, and his right index and middle finger nails, and it is like nothing I have seen before, rendering the nail soft and crumbling off the digit.

I do not think it is stretching matters to say that he is gradually dying in Guantánamo Bay.

This makes it all the more urgent that we get an independent medical assessment of him. However, ultimately there is only one solution, which is to get him out of Guantánamo Bay, home to his family in London. I should note that on February 14th he will have been in Guantánamo Bay for ten years; the anniversary coincides with the tenth birthday of his youngest child, who he has never met.

I remain,
Yours sincerely,
Clive A. Stafford Smith, Director

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.

“[T]his is a strong movie examining the imprisonment and subsequent torture of those falsely accused of anti-American conspiracy.”
Joe Burnham, Time Out

As featured on Democracy Now!, ABC News and Truthout. Buy the DVD here (£10 + £2 postage in the UK, and worldwide) or here if in the US ($10 post free).

The first autumn screening of the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington) takes place on the second anniversary of the film’s launch, at the University of Aberdeen, as part of a human rights film festival, from October 17 to 23, which also includes screenings of two films about Burma — “Burma VJ” and “This Prison Where I Live,” “The Green Wave” (about the Iranian elections in 2009, and the state’s brutal clampdown on the pro-democracy movement), and a film about Scottish Gypsy Travellers. See here for further details, and see below for specific details about the screening of “Outside the Law: Stories from Guantánamo.”

In the last two years, there have been hundreds of screenings of the film during two UK tours, a US tour, and a Polish tour. The film has also had several film festival screenings, in the UK, the US and in Norway, and co-director Andy Worthington has made dozens of personal appearances to answer post-screening questions abut Guantánamo past, present and future. The most recent screening was a Parliamentary screening in June, hosted by hosted by Caroline Lucas MP, supported by Jeremy Corbyn and Peter Bottomley.

With the 10th anniversary of the opening of Guantánamo looming (on January 11, 2012), and 171 men still held with — literally — almost no prospect of release, as President Obama has failed to close the prison as promised, and his critics (and supporters of the prison’s continued existence) have taken the upper hand, reviving Dick Cheney’s successful and cynical message of fear, it is still of great importance that Guantánamo remains in people’s consciousness, and that those concerned with human rights continue to take action to secure its closure.

For British audiences, the film has added significance, as those still held include Shaker Aamer, the last British resident in Guantánamo, whose story is featured in the film, along with those of released prisoners Omar Deghayes and Binyam Mohamed.

Despite being told that he had been approved for transfer in 2007, Shaker Aamer, who has a British wife and four British children, is still held, even though the British government claims to be doing all in its power to secure his return. Foreign secretary William Hague and the Deputy Prime Minister Nick Clegg have both raised Aamer’s plight with members of the US administration in the last year, but to no avail.

However, as I have mentioned before, and continue to maintain, Britain’s heel-dragging on this issue is both inexplicable and unacceptable, as the British government negotiated a compensation deal for Shaker, as well as 15 former prisoners, last November, and which cannot, of course, be concluded in Shaker’s case while he remains in Guantánamo.

As I have also pointed out repeatedly, the inquiry into British complicity in torture abroad, which David Cameron announced last July, cannot proceed without Shaker’s presence, not only because he is a prime witness to some of the claims that the inquiry will have to address, but also because a Metropolitan Police inquiry into his claims that he was tortured in US custody in Afghanistan, prior to his transfer to Guantánamo, while British agents were present in the room, cannot, realistically, conclude without him, and, as the PM has acknowledged, the inquiry cannot begin while the Met’s investigations are ongoing.

It is also worth noting that, in April this year, in WikiLeaks’ release of classified military documents relating to almost all of the 779 prisoners who have been held at Guantánamo throughout its long history (on which I worked as a media partner), the reasons for Shaker Aamer’s continued detention were revealed as the paranoid sham that they have always been. Because of his principled stand regarding the prisoners’ rights, and because of his fluency in English, his charisma and his influence, Shaker Aamer has persistently been regarded as a threat by the US authorities, even though most of the supposed evidence against him in his file consists of statements made by some of the most notoriously unreliable witnesses in Guantánamo and the CIA’s network of secret prisons.

For those interested in Shaker Aamer’s plight, please visit the Facebook page of the Save Shaker Aamer Campaign or, if you’re in the US, see this Amnesty International USA campaign page.

Details of next week’s screening — which is free — are below, and more screenings will be announced soon. Also see the 2011 tour page here.

Friday October 21, 2011, 6 pm: Film screening – “Outside the Law: Stories from Guantánamo.”
Followed by Q&A with Andy Worthington.
Room NK1, New King’s Building, King’s College, University of Aberdeen, AB24 3FX.
This event is organized by the University of Aberdeen Amnesty International Society and the Amnesty Aberdeen group.
For further information, please contact Matthew James Biro, the President of the Amnesty student group. Also see the university group’s Facebook page, and Amnesty Aberdeen’s website.

About the film

“Outside the Law: Stories from Guantánamo” looks at how the Bush administration turned its back on domestic and international laws after 9/11, and examines how prisoners were rounded up in Afghanistan and Pakistan without adequate screening, and why some of these men may have been in Afghanistan or Pakistan for reasons unconnected with militancy or terrorism. The film provides a powerful rebuke to those who believe that Guantánamo holds “the worst of the worst” and that the Bush administration was justified in responding to the terrorist attacks of September 11, 2001 by holding men neither as prisoners of war, protected by the Geneva Conventions, nor as criminal suspects with habeas corpus rights, but as “illegal enemy combatants” with no rights whatsoever.

For further information about the film, for interviews, or to inquire about broadcasting, distributing or showing “Outside the Law: Stories from Guantánamo,” please contact Polly Nash or Andy Worthington, and please see below for the first five minutes of the film:

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.