Parliament and the People: Two Days of London Events About Guantánamo, Torture and the Military Commissions

Sam Raphael, Alka Pradhan, Andy Worthington and Carla Ferstman at an event about Guantanamo, torture and the military commissions at the University of Westminster on November 2, 2016 (photo via Gitmo Watch).

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So last week was an interesting week for events focused on Guantánamo, torture and the military commissions in London, as Alka Pradhan, a lawyer with the defense team for Ammar al-Baluchi (aka Ali Abd al-Aziz Ali), a “high-value detainee,” and one of five men facing a trial for his alleged involvement in the 9/11 attacks, was in town, and as a result MPs who, for the most part, had been involved in the campaign to free Shaker Aamer, the last British resident in Guantánamo, had arranged a Parliamentary meeting.

The meeting was also called to coincide with a visit from Andrew Tyrie MP (Conservative, Chichester), the chair of the long-standing All-Party Parliamentary Group on Extraordinary Rendition, and the election of officers for a new APPG on Guantánamo. It was chaired by Tom Brake MP (Liberal Democrat, Carshalton and Wallington), who held a Parliamentary meeting earlier this year for Mohamedou Ould Slahi, the torture victim and best-selling author who was recently released from Guantánamo, and attended by MPs including Chris Law (SNP, Dundee West), who will be the chair of the new APPG, and Andy Slaughter (Labour, Hammersmith), who, in 2014, visited Washington, D.C. to call for Shaker Aamer’s release with the Conservative MPs David Davis and Andrew Mitchell, and Jeremy Corbyn, before he became the leader of the Labour Party. Caroline Lucas (Green, Brighton Pavilion) and Mark Durkan (SDLP) were unable to make it to the meeting, but will also be involved in the APPG.

At the meeting, Alka briefed MPs on the story of her client, which I recently wrote about for Al-Jazeera, as he sought to persuade the US government to allow the UN Rapporteur for Torture to make an independent visit to Guantánamo to assess the conditions in which they are held, and to talk freely with them about their torture in CIA “black sites.” Unsurprisingly, no independent visit has been allowed, because the US government is determined to continue hiding evidence of the CIA’s torture program, despite the publication, nearly two years ago, of the executive summary of the Senate Intelligence Committee’s report into the CIA’s torture program, with its damning verdict on the brutality and futility of the program, and the CIA’s repeated lies about it. Read the rest of this entry »

The Messed-Up Trial of the Century: Lawdragon’s Exhaustive Report on the 9/11 Pre-Trial Hearings at Guantánamo

The co-defendants in the painfully slow-moving and contentious 9/11 trial at Guantanamo. From top to bottom: Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abd al-Aziz Ali (aka Ammar al-Baluchi) and Walid bin Attash.The military commissions at Guantánamo, as I have been reporting for ten years, are a shamefully deficient excuse for justice, a system dreamt up in the heat of America’s post-9/11 sorrow, when hysteria and vengeance trumped common sense and a respect for the law, and it was decided, by senior Bush administration officials and their lawyers, that prisoners seized in the “war on terror” and subjected to torture should be tried in a system that allowed the use of information derived through the use of torture, and swiftly found guilty and executed.

Military prosecutors, however, soon turned against the system and pointedly resigned, and in 2006 the Supreme Court ruled the whole system illegal. Nevertheless, the Bush administration, with the enthusiastic support of Congress, revived the commissions in the fall of 2006, followed by further resignations (see here and here), and a third version of the commissions ill-advisedly emerged under President Obama in his first year in office (see here and here). The commissions have been tweaked to be less unjust, but they are still a Frankenstein’s Monster facsimile of a working trial system, full of so many holes that it is difficult for them to function at all, and at their heart is the specter of torture, which the government endlessly tries to hide, while the prisoners’ defence teams, of course, try constantly to expose it, as no fair trial can take place without it being discussed.

In recent years, my coverage of the commissions has been less thorough than it was between 2007 and the summer of 2014, largely because it seemed to me that the commissions were so broken and were going round and round in circles so pointlessly that it was no longer even worth trying to follow what was — or, more often, what wasn’t — happening. In one way, this was a fair reflection of the futility of the commissions’ efforts to secure anything resembling justice, but the more fundamental reality was that, however broken the proceedings may have been, pre-trial hearings were still taking place, however little they were being reported, which, one day, would constitute a damning indictment of America’s post-9/11 flight from justice and the law, and its embrace of torture and indefinite imprisonment without charge or trial. As a result, the commissions really ought not to be allowed to drop off the radar. Read the rest of this entry »

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

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

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

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

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

15 Years After 9/11, Still Waiting for the Closure of Guantánamo

The US flag at Guantanamo.Exactly 15 years ago, terrorists attacked the United States, killing 2,996 people, in the World Trade Center and on two hijacked aeroplanes, and changing the world forever.

Within a month, the US had invaded Afghanistan, aiming to destroy al-Qaeda and to topple the Taliban regime that had harbored them. That mission was largely accomplished by early 2002, but instead of leaving, the US outstayed its welcome, “snatching defeat from the jaws of victory,” as Anand Gopal, the journalist and author of No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, explained to me several years ago.

In addition, of course, the Bush administration — led by a president who knew little about the world, attended by two Republican veterans, Dick Cheney and Donald Rumsfeld, who believed in the president’s right to act as he saw fit in times of emergency, unfettered by any kind of checks and balances (the unitary executive theory) — also set up a secret CIA program of kidnap and torture on a global scale, and prisons in Afghanistan and Guantánamo Bay, in Cuba, where the Geneva Conventions did not apply, and where they tried to pretend that indefinite imprisonment without charge or trial was the new normal, rather than a dangerous aberration. Read the rest of this entry »

Mohamedou Ould Slahi, Torture Victim and Best-Selling Author, Seeks Release from Guantánamo

A poster promoting Guantanamo prisoner Mohamedou Ould Slahi's book, the best-selling Guantanamo Diary.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email. Also, please listen to me talking about Mohamedou Ould Slahi’s case on Sputnik International, and please sign the petitions to Ashton Carter calling for his release — on Change.org and via the ACLU.

Last Thursday, one of the few well-known prisoners at Guantánamo, Mohamedou Ould Slahi, a 45-year old Mauritanian, became the 43rd prisoner to face a Periodic Review Board. Slahi was subjected to a specially tailored torture program in Guantánamo, approved by Bush’s defense secretary, Donald Rumsfeld, and, though still imprisoned, is a best-selling author. While imprisoned, he wrote a memoir that, after a long struggle with the US government, was published in redacted form. Nevertheless, the power of Slahi’s account of his life, his rendition, his torture and his long years in Guantánamo, is such that the book, Guantánamo Diary, has become a best-seller.

Although the Bush administration attempted to make a case that Slahi was a member of Al-Qaeda, which was why they put pressure on the Mauritanian government to hand him over to them in November 2001, and why he was subsequently tortured in Jordan (on behalf of the US) and in Guantánamo by US operatives, the case evaporated under scrutiny. In April 2010, Judge James Robertson, a US District Court judge, after scrutinizing his habeas corpus petition, ordered his release, finding that the government had failed to establish that what looked suspicious in his case — primarily, the fact that he was related to senior Al-Qaeda member Abu Hafs, and, while living in Germany, had met some of the 9/11 hijackers and had helped them to visit Afghanistan for military training — was actually evidence of involvement with Al-Qaeda. Slahi has admitted that he had joined Al-Qaeda, but that was in 1992, when he had visited Afghanistan during the civil war that followed the Soviet withdrawal, and he insisted that he had not maintained any contact with the organization after that time.

The government, however, refused to accept Judge Robertson’s ruling, and appealed, and in November 2010 the D.C. Circuit Court vacated that ruling, sending it back to the lower court to be reconsidered, where, as I described it in an article about Slahi’s case in April, “it has languished ever since, mocking all notions of justice every day it has remained unaddressed.” Read the rest of this entry »

Periodic Review Board Decides Yemeni at Guantánamo Still Poses A Threat 14 Years After Capture

Guantanamo prisoner Suhayl al-Sharabi (aka Zohair al-Shorabi) in a photo included in the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

In its latest “Unclassified Summary of Final Determination,” a Periodic Review Board at Guantánamo — a high-level review process involving representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — decided, by consensus, that “continued law of war detention” of Suhayl Abdul Anam al-Sharabi (aka Zohair al-Shorabi, ISN 569), a 38- or 39-year old Yemeni, “remains necessary to protect against a continuing significant threat to the security of the United States.”

The decision, dated March 31, 2016, and following on from his PRB on March 1, is not entirely surprising for two reasons — firstly, because of allegations levelled against al-Sharabi, suggesting that he was actually involved with terrorists, unlike the majority of prisoners held at Guantánamo since the prison opened in January 2002, and, coupled with this, a failure on his part to show contrition, and to come up with a plan for his future.

In its determination, the board stated that its members had “considered the detainee’s past involvement with terrorist activities to include contacts with high-level al Qaeda figures, living with two of the 9/11 hijackers in Malaysia, and possible participation in KSM’s plot to conduct 9/11-style attacks in Southeast Asia. The Board noted the detainee’s refusal to admit the extent of his past activities, as well as his evasive and implausible responses to basic questions. Further, the Board considered the detainee’s defiant behavior while in detention, which has only recently changed to be more compliant, and the detainee’s lack of a credible plan for the future.” Read the rest of this entry »

“America’s Shame,” Rolling Stone’s Detailed – and Damning – Article About Guantánamo

Prisoners regarded as "compliant" sharing communal facilities inside Guantanamo's Camp Six (Photo: JTF GTMO Mass Communication Specialist 2nd Class Elisha Dawkins).As all eyes are focused on Iowa, on the first caucus of this year’s Presidential election race, I thought I’d cross-post an interesting article about Guantánamo that was recently published in Rolling Stone, written by Janet Reitman. This is a long and detailed article, taking as its springboard a visit to one of the pre-trial hearings in Guantánamo’s military commissions, the alternative trial system set up for the “war on terror,” at the particular instigation of Dick Cheney and his legal adviser David Addington, which seems able only to demonstrate, in its glacially slow proceedings, that it is unable to deliver justice.

I confess that, in recent years, I have rather taken my eye off the military commissions, although I commend those who still visit Guantánamo to write about them, chief amongst whom is Carol Rosenberg of the Miami Herald. I put together a detailed list of who has been charged — plus the eight convictions and the four verdicts that have subsequently been overturned — two years ago, and in that article I stated:

I’ve been covering the commissions since 2006, and I have never found that they have established any kind of legitimacy, compared to federal courts, where crimes should be tried. This conclusion has only been strengthened in recent years, as conservative appeals court judges in Washington D.C. have overturned two of the eight convictions on the basis that they were for war crimes that were invented by Congress rather than being internationally recognized.

Read the rest of this entry »

14 Years After 9/11, It’s Time for Guantánamo to Be Closed

Campaigners with Witness Against Torture occupy the National Museum of American History in Washington D.C. on January 11, 2014, the 12th anniversary of the opening of Guantanamo (Photo: Andy Worthington).I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Click here for Andy’s 20-minute interview on Cii Broadcasting, a Muslim radio station based in South Africa, discussing who is still held at Guantánamo, and how, on almost every front, justice is not being delivered to these men.

14 years after the terrorist attacks of September 11, 2001, it is time to take stock of what has — or hasn’t — been achieved, and what the cost has been for America’s standing in the world, how it sees itself and its values.

Unfortunately, an honest audit delivers an alarming response. As Tom Engelhardt has written in “Mantra for 9/11: Fourteen Years Later, Improbable World,” an article to mark the anniversary:

Fourteen years of wars, interventions, assassinations, torture, kidnappings, black sites, the growth of the American national security state to monumental proportions, and the spread of Islamic extremism across much of the Greater Middle East and Africa. Fourteen years of astronomical expense, bombing campaigns galore, and a military-first foreign policy of repeated defeats, disappointments, and disasters. Fourteen years of a culture of fear in America, of endless alarms and warnings, as well as dire predictions of terrorist attacks. Fourteen years of the burial of American democracy (or rather its recreation as a billionaire’s playground and a source of spectacle and entertainment but not governance). Fourteen years of the spread of secrecy, the classification of every document in sight, the fierce prosecution of whistleblowers, and a faith-based urge to keep Americans “secure” by leaving them in the dark about what their government is doing. Fourteen years of the demobilization of the citizenry. Fourteen years of the rise of the warrior corporation, the transformation of war and intelligence gathering into profit-making activities, and the flocking of countless private contractors to the Pentagon, the NSA, the CIA, and too many other parts of the national security state to keep track of. Fourteen years of our wars coming home in the form of PTSD, the militarization of the police, and the spread of war-zone technology like drones and stingrays to the “homeland.”

Read the rest of this entry »

Radio: Andy Worthington Discusses Guantánamo, Torture and the Failed Military Commissions with Jon Gold

The image used by 9/11 Truther Jon Gold for his interview with Andy Worthington for his show, "We Were Lied to About 9/11," on Cindy Sheehan's Soapbox.My friends,

I’m delighted to let you know that on Tuesday evening, March 3, I was interviewed by Jon Gold for his show, “We Were Lied to About 9/11,” which is part of Cindy Sheehan’s Soapbox.

Jon is a long-time advocate for 9/11 justice, and the author of the book 9/11 Truther: The Fight For Peace, Justice And Accountability, and we have known about each other, and communicated, on several occasions over the years, but this was our first interview, and I’m very pleased with the result — over 80 minutes of detailed analysis of the history of Guantánamo, the torture that has taken place there, and the discredited military commission process, which, from the beginning, has been a disaster, and ought to be a source of shame to any US citizen who believes in the rule of law.

We also spoke about the futility of war — and I was able to put a shout out for my friend Anand Gopal‘s heartbreakingly powerful book about the US occupation of Afghanistan, No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, and Jon also asked me about the number of deaths at Guantánamo (nine), which gave me an opportunity to plug another book, the recently published Murder at Camp Delta by Joseph Hickman, a former Staff Sergeant, who was in charge of the guard towers at Guantánamo on the night in June 2006 when, according to the official report, which his account demolishes, three prisoners died by committing suicide simultaneously. Read the rest of this entry »

Life Sentence for Sulaiman Abu Ghaith Discredits Guantánamo’s Military Commissions

On Tuesday, in a courtroom in New York City, a long-running chapter in the “war on terror” came to an end, when Sulaiman Abu Ghaith, 48, a Kuwaiti-born cleric who appeared in media broadcasts as a spokesman for Al-Qaeda the day after the terrorist attacks of September 11, 2001, received a life sentence based on the three counts for which he was convicted after his trial in March: conspiracy to kill Americans, providing material support to terrorists and conspiring to provide material support to terrorists.

The life sentence came as no surprise, as it is permissible for the main conspiracy charge, although Abu Ghaith’s lead defense lawyer, Stanley L. Cohen, had, as the New York Times described it, “sought a sentence of 15 years, saying in a court submission that his client was facing ‘the harshest of penalties for talk — and only talk.'” The Times added that Cohen had likened Abu Ghaith to “an outrageous daytime ‘shock-radio’ host, or a World War II radio propagandist for a losing ideology.”

In court, as the Times also noted, Cohen “emphasized that his client had played no role in specific acts of terrorism,” but the government had argued otherwise, stating in a sentencing memorandum that there was “no fathomable reason to justify a sentence other than life.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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