No Escape from Guantánamo: Former Child Prisoner Boycotts Broken Review Process, Calls It “Hopeless”

Former Guantánamo child prisoner Hassan bin Attash, in a photo included in his classified military file, released by WikiLeaks in 2011.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

For the 40 men still held in the US prison at Guantánamo Bay, the wheels of justice have, fundamentally, ground to a halt under Donald Trump.

It’s now nearly ten years since a high-level government review process established by President Obama — the Guantánamo Review Task Force — issued its recommendations about what to do with the prisoners inherited from George W. Bush. The task force recommended that 156 men should be released, that 36 men should be prosecuted, and that 48 others should continue to be held without charge or trial — on the basis that they were regarded as “too dangerous to transfer but not feasible for prosecution” (a self-evidently dubious designation, as it accepted that there were fundamental problems with the so-called evidence used to establish these men’s guilt).

Throughout the rest of his presidency, Obama managed to release all but three of the 156 men that the task force recommended for release, but an evolving crisis in the military commission trial system (which basically involved convictions being overturned because the war crimes for which prisoners had been prosecuted were not internationally recognized war crimes, but had been invented by Congress), meant that half of those originally deemed eligible for prosecution were, instead, lumped in with the 48 men recommended for ongoing imprisonment without charge or trial.

Read the rest of this entry »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

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On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

Guantánamo “High-Value Detainee” Abu Faraj Al-Libi Seeks Release Via Periodic Review Board

Abu Faraj al-Libi, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.On August 16, Mustafa Faraj Muhammad Muhammad Mas’ud al-Jadid al-Uzaybi (ISN 10017), a Libyan prisoner in Guantánamo who is better known as Abu Faraj al-Libi, became the 59th prisoner to have his case reviewed by a Periodic Review Board.

The PRBs — which include 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 — were set up in 2013 to review the cases of all the prisoners who had not already been approved for release or were facing trials as a result of the recommendations made in reviews conducted in 2009 by another high-level government review process, the Guantánamo Review Task Force.

41 of the men judged to be eligible for PRBs were described by the task force as “too dangerous to release,” although the task force conceded that insufficient evidence existed to put them on trial, meaning that it was not evidence at all, but — and on this the task force was silent — generally untrustworthy information extracted from prisoners subjected to torture or other forms of abuse, or from prisoners bribed with the promise of better living conditions. Read the rest of this entry »

Plea Deals in Federal Court Mooted for Guantánamo Prisoners in Next Year’s National Defense Authorization Act

A campaigner wearing a President Obama mask calls for the closure of Guantanamo in London (Photo: AP/Kirsty Wigglesworth).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.

Last week there was an interesting development in relation to President Obama’s hopes of closing Guantánamo, when the Senate Armed Services Committee announced that it had included a provision in its version of next year’s National Defense Authorization Act, which, as Charlie Savage reported for the New York Times, would allow Guantánamo prisoners to “plead guilty to criminal charges in civilian court via video teleconference,” and would also allow them to be “transferred to other countries to serve their sentences.”

Last November, a number of lawyers sent a letter to the Justice Department, which the New York Times discussed here, in which they “express[ed] interest in exploring plea deals by video teleconference — but only in civilian court, not military commissions.”

Lawyers for six prisoners said that they “may wish” to negotiate plea deals — Abu Zubaydah, the “high-value detainee” for whom the CIA’s torture program was developed, Abu Faraj al-Libi, another “high-value detainee,” Sanad al-Kazimi, a Yemeni who recently went before a Periodic Review Board, Abd al-Rahim Ghulam Rabbani, a Pakistani, Abdul Latif Nasser, the last Moroccan in the prison, and Soufian Barhoumi (aka Sufyian Barhoumi), an Algerian whose PRB is taking place on May 24. As Savage described it, the letter also “said several others are interested, and that Majid Khan, who has pleaded guilty in the [military] commissions system but has not been sentenced, would like to plead again, in civilian court.” Read the rest of this entry »

Presenting the First Annotated List of the 64 Guantánamo Prisoners Eligible for Periodic Review Boards

Photos of some of the Guantanamo prisoners, made available when classified military files were released by WikiLeaks in 2011.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.

Check out the list here.

On Monday, we published the first annotated list of the 64 Guantánamo prisoners eligible for Periodic Review Boards, which we hope will be useful to anyone who wants detailed information about who is still held at Guantánamo (also feel free to check out our full prisoner list here, listing all 107 men still held).

71 men were initially listed as eligible for Periodic Review Boards — 46 who were designated for ongoing imprisonment without charge or trial by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 (which issued its final report in January 2010), and 25 others who were recommended for prosecution by the task force, until the basis for prosecuting them — generally, charges of providing material support for terrorism — were struck down by the appeals court in Washington D.C. in two particular rulings in October 2012 and January 2013.

Of the 71, five were freed, and two others were reabsorbed into the ailing military commission system, leaving 64 men eligible for PRBs. 20 have had reviews since the PRBs began two years ago, with 15 approved for release (of whom four have been freed) and two others awaiting decisions, but 44 others are still awaiting reviews, and at the current rate it will take over four years — until sometime in 2020 — until they are all completed. Read the rest of this entry »

A Few Surprises in the New Guantánamo Prisoner List

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.

On February 20, my friend and colleague, the investigative journalist Jason Leopold, published a prisoner list from Guantánamo, which he had just obtained from the Pentagon, and which had not previously been made public.

The list, “71 Guantánamo Detalnees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013,” identifies, by name, 71 of the 166 prisoners who were held at the time, and, as Jason explained in an accompanying article: Read the rest of this entry »

Why No Trials for Abu Zubaydah and Seven Other “High-Value Detainees” in Guantánamo?

Two weeks ago, when Khalid Sheikh Mohammed and four other “high-value detainees” were arraigned at Guantánamo, in preparation for their forthcoming trial by military commission, they brought to eight the number of “high-value detainees” tried, put forward for trials or having agreed to a plea deal to avoid a trial and secure a reduced sentence.

In total, 16 “high-value detainees” have been sent to Guantánamo — 14 in September 2006, another in 2007 and another in 2008. One, Ahmed Khalfan Ghailani, was tried and convicted in federal court in New York in 2010, another, Majid Khan, accepted a plea deal in February this year, and Khalid Sheikh Mohammed and his four co-defendants join another prisoner, Abd al-Rahim al-Nashiri, in the slow-moving queue for military commission trials at Guantánamo.

But what of the other eight? Are there any plans to try them? Or is the Obama administration happy for them to be held for the rest of their lives without charge or trial — a confirmation, if any were needed, that indefinite detention without charge or trial has, through Guantánamo, become normalized? Read the rest of this entry »

Torture: The Bush Administration on Trial

Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.

Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.

All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »

Osama bin Laden’s Death, and the Unjustifiable Defense of Torture and Guantánamo

With the reported assassination of Osama bin Laden, one of the most alarming responses has been a kind of casual and widespread acceptance that the death of America’s number one bogeyman would not have been achieved without the use of torture, and without the existence of Guantánamo.

This is wrong on both fronts, as Jane Mayer of the New Yorker explained in response to an early manifestation of the story, put out by torture apologists Liz Cheney and Bill Kristol:

It may have taken nearly a decade to find and kill Osama bin Laden, but it took less than twenty-four hours for torture apologists to claim credit for his downfall.

Keep America Safe, an organization run by former Vice President Dick Cheney’s daughter Liz Cheney and Bill Kristol, released a victory statement today that entirely failed to mention President Obama, but lavishly credited “the men and women of America’s intelligence services who, through their interrogation of high-value detainees, developed the information that apparently led us to bin Laden.” Read the rest of this entry »

With Osama bin Laden’s Death, the Time for US Vengeance Is Over

Just four months before the tenth anniversary of the 9/11 attacks, the reported death of Osama bin Laden in Pakistan ought to signal an end to the “War on Terror” declared by the Bush administration in the wake of the attacks — the “war” that led to “extraordinary rendition,” the establishment of secret American torture prisons around the world, and the imprisonment without charge or trial, and, initially, without any rights whatsoever, of 779 prisoners at Guantánamo, 172 of whom remain.

The reported death of al-Qaeda’s leader also ought to signal an end to the “war” that led to the occupations of Afghanistan and Iraq, the drone attacks in Pakistan and elsewhere, and the deaths of hundreds of thousands of Iraqi and Afghan civilians and of nearly 6,000 US soldiers, but it is unlikely — extremely unlikely, I would suggest — that anything significant will happen, apart from increased security alerts in the West, and — though let us hope not — some sort of terrorist reprisal.

A preservation of the status quo or even an attempt to ramp up the rhetoric of the “War on Terror” — along the lines of Hillary Clinton’s announcement that “the fight continues and we will never waiver” — would be, to put it mildly, a great, great disappointment, as the death of bin Laden ought to bring about, at the very least, an end to America’s occupation of Afghanistan and its expansion by drone attack into Pakistani territory. 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 (The State of London).
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