It’s Ten Years Since the Supreme Court Granted Habeas Corpus Rights to the Guantánamo Prisoners, a Legal Triumph Until a Lower Court Took Them Away

Protestors with Witness Against Torture outside the Supreme Court calling for the closure of Guantanamo on Jan. 11, 2017, the 15th anniversary of the prison's opening (Photo: Andy Worthington).Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Exactly ten years ago, I was briefly working for the human rights organization Reprieve, when a wonderful ruling came out of the US Supreme Court. In Boumediene v. Bush, the Court held that efforts by Congress to quash the habeas corpus rights that they had granted the prisoners in 2004, in Rasul v. Bush, had been unconstitutional, and asserted that the prisoners had constitutionally guaranteed habeas corpus rights.

We were overjoyed with the result, and for good reason. Although the Rasul ruling had allowed lawyers into Guantánamo, a derisory response by the Bush administration — the Combatant Status Review Tribunals, administrative military reviews designed to rubber-stamp the prisoners’ blanket designation, on capture, as “enemy combatants” — and Congress’s obstructions, via the Detainee Treatment Act of 2005, and the Military Commissions Act of 2006, had prevented habeas cases from proceeding to the courts, as I explained at the time in my article, The Supreme Court’s Guantánamo ruling: what does it mean?

In the ruling, Justice Anthony Kennedy, delivering the Court’s majority opinion, ruled that the “procedures for review of the detainees’ status” in the DTA “are not an adequate and effective substitute for habeas corpus,” and that therefore the habeas-stripping component of the MCA “operates as an unconstitutional suspension of the writ.” Read the rest of this entry »

Remembering Guantánamo’s Dead, 12 Years After the Three Notorious Alleged Suicides of June 2006

Yasser al-Zahrani and Ali al-Salami, two of the three Guantanamo prisoners who died in June 2006, allegedly by committing suicide. No photo of the third man, Mani al-Utaybi, has ever surfaced.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Today, as we approach a terrible milestone in Guantánamo’s history — the 6,000th day of the prison’s existence, this coming Friday, June 15 — we also have reason to reflect on those who were neither released from the prison, nor are still held — the nine men who have died there since the prison opened, 5,995 days ago today.

On June 10, 2006 — exactly 12 years ago — the world was rocked by news of the first three of these deaths at Guantánamo: of Yasser al-Zahrani, a Saudi who was just 17 when he was seized in Afghanistan in December 2001, of Mani al-Utaybi, another Saudi, and of Ali al-Salami, a Yemeni.

The three men were long-term hunger strikers, and as such had been a thorn in the side of the authorities, encouraging others to join them in refusing food. Was this enough of them to be killed? Perhaps so. The official story is that they killed themselves in a suicide pact, their deaths, as Guantánamo’s commander, Adm. Harry Harris Jr., ill-advisedly claimed at the time, “an act of asymmetrical warfare against us,” and “not an act of desperation.” Read the rest of this entry »

Why Camp X-Ray at Guantánamo Mustn’t Be Destroyed

One of the photos taken on the day Guantanamo opened, January 11, 2002, by Shane T. McCoy of the US Navy.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

On March 6, indefatigable Guantánamo chronicler Carol Rosenberg, of the Miami Herald, reported that the Pentagon “plans to tear down Camp X-Ray, a weed-filled warren of chain-link-fence cells where the Bush administration held its first 311 war-on-terror prisoners at Guantánamo — and famously released a photo of kneeling captives in orange jumpsuits that stirred allegations of torture.”

Rosenberg added that, for many years, the prison’s various commanders had said that the site “was under a federal court protective order and could not be razed.” However, on March 5, Justice Department attorney Andrew Warden wrote to lawyers who represent Guantánamo prisoners, informing them that “the FBI has created an interactive, simulated three-dimensional, digital virtual tour of Camp X-Ray that shows all areas of the camp where detainees were held, interrogated, or otherwise present.”

Rosenberg added that “Trump administration attorneys consider it a suitable substitute,” and also explained that, although the prison supposedly closed in April 2002, when the first more permanent cells of Camp Delta were erected, it was used later in 2002 for the torture of Mohammed al-Qahtani, a Saudi prisoner regarded as the intended 20th hijacker for the 9/11 attacks. Just before George W. Bush left office, Susan Crawford, the convening authority of the military commission trial system set up under Bush at Guantánamo, explained to the Washington Post that she had refused to have al-Qahtani prosecuted because of the torture to which he was subjected, which included sleep deprivation, being threatened by dogs, sexual abuse, forced nudity, being shackled in painful positions, and being physically beaten. Read the rest of this entry »

Guantánamo Suicides “Unlikely,” Says Investigator Jeffrey Kaye in New Edition of His Book, “Cover-up at Guantánamo”

Jeffrey Kaye and the cover of his book, Cover-Up at Guantanamo.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

In the long and sordid history of Guantánamo, few people — if any — have devoted as much time to the horrors of the prison’s operations as Jeffrey Kaye, a US psychologist (now retired), who has assiduously investigated and reported on issues of human experimentation at Guantánamo, and the contentious deaths of prisoners, primarily for Truthout, for FireDogLake and Shadowproof, and on his own website, Invictus.

Last September, Jeffrey published an e-book, Cover-up at Guantánamo: The NCIS Investigation into the “Suicides” of Mohammed Al Hanashi and Abdul Rahman Al Amri, also available as a paperback, in which, as he describes it, “using never-before-seen reports from government investigators, eyewitness testimony, and medical and autopsy records, including documents recently released by the Naval Criminal Investigative Service (NCIS),” he documented, in extraordinary detail, how the formal investigations into the deaths of Mohammed Al Hanashi and Abdul Rahman Al Amri, who died in 2007 and 2009, respectively, allegedly by committing suicide, are “revealed as rife with problems.” He also set up an accompanying website, Guantánamo Truth, collecting online all the documents he has sought out and received in the course of his investigations.

As I explained in an article in April, after Jeffrey had been interviewed by The Talking Dog, we have “known each other for many years, meeting for the first time at Berkeley Says No to Torture Week (in October 2010) … and then again in January 2012, and again in January 2014, and I have long taken an interest in his work, cross-posting articles of his in 2011 and 2012 — see The Time is Right for Americans to Pay Attention to Human Rights Watch’s New Torture Report, New Revelations About The Use of Water Torture at Guantánamo, More Evidence of the Use of Water Torture at Guantánamo and in Afghanistan and Iraq, and also two articles written with Jason Leopold, US Training Manual Used As Basis for Bush’s Torture Program Is Released by Pentagon and Pentagon Report into the Drugging of Guantánamo Prisoners Is Released, and, of particular relevance right now, Were Two Prisoners Killed at Guantánamo in 2007 and 2009?,” his first investigations into the deaths of al-Hanashi and al-Amri. Read the rest of this entry »

Abandoning Guantánamo: The Supreme Court’s Shame as a Military Commission Appeal Is Turned Down

Protestors against rh existence of Guantanamo outside the US Supreme Court on January 11, 2012, the 10th anniversary of the opening of the prison (Photo: Andy Worthington).Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

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.

On Tuesday (October 10), when the Supreme Court turned down an appeal submitted by Ali Hamza al-Bahlul, a Guantánamo prisoner convicted of terrorism charges in October 2008 in a military commission trial, the justices demonstrated that, for over nine years now, they have proved incapable of fulfilling their role of upholding the law when it comes to issues relating to terrorism.

This is a profound disappointment, because, four months before al-Bahlul’s conviction, on June 12, 2008, those who respect the law — and basic human decency — were thrilled when the Supreme Court delivered a major ruling in favor of the prisoners at Guantánamo. In Boumediene v. Bush, the justices ruled that the prisoners had constitutionally guaranteed habeas corpus rights; in other words, that they could ask an impartial judge to rule on whether or not their imprisonment was justified.

The ruling was the third major ruling by the Supreme Court regarding Guantánamo. In June 2006, in Hamdan v. Rumsfeld, the court had ruled that the military commission trial system at Guantánamo did not have “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.” The court also ruled that Common Article 3 of the Geneva Conventions, prohibiting torture and “humiliating and degrading treatment,” had been violated. Read the rest of this entry »

Another Sad, Forgotten Anniversary for Guantánamo’s Dead

Yasser-al-Zahrani, photographed at Guantanamo before his suspicious death in June 2006.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Today, June 10, is an important date in the Guantánamo calendar — the 11th anniversary of the deaths, in dubious circumstances, of three men at Guantánamo in 2006: Yasser al-Zahrani, a Saudi who was just 17 when he was seized in Afghanistan in December 2001, Mani al-Utaybi, another Saudi, and Ali al-Salami, a Yemeni.

According to the US authorities, the three men committed suicide, hanging themselves in their cells, after having stuffed rags down their own throats, but that explanation has never seemed convincing to anyone who has given it any kind of scrutiny. Even accepting that the guards were not paying attention, how did they manage to tie themselves up and stuff rags down their own throats?

An official investigation by the NCIS yielded an inadequate statement defending the official narrative in August 2008, and then, in January 2010, an article in Harper’s Magazine by Scott Horton presented the US authorities with a powerful critic of the official suicide narrative, Staff Sgt. Joe Hickman, who was in charge of the guards in the towers overlooking the prison. On the night of June 9, 2006, just before the deaths were acknowledged, Hickman had noticed unusual movements by vehicles traveling to and from the prison, in the direction of a secret facility he and his colleagues identified as “Camp No,” where, he presumed, they had been killed — whether deliberately or not — during torture sessions. Read the rest of this entry »

Death at Guantánamo: Psychologist and Author Jeffrey Kaye Speaks to the Talking Dog

Campaigners with Witness Against Torture remind President Obama of the nine deaths that have occurred at Guantanamo at a protest in April 2013.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

In my eleven years of researching, writing about and campaigning to close the US prison at Guantánamo, I have got to know some remarkable people — from lawyers and former prisoners to individuals who, often for little or no financial reward, have devoted considerable time to covering important aspects of the Guantánamo story that others — often in the mainstream media — have missed or ignored. Some of my supporters would put me in the category of those covering important aspects of the story for little or no reward, and I’m grateful to those who recognize this, but I’m pleased, today, to be able to promote the work of two other people I admire a great deal who also fit this category of truth-seeker — the New York-based blogger The Talking Dog, and the San Francisco-based psychologist Jeffrey Kaye, who was interviewed by the Talking Dog by email just a few weeks ago, for an interview first published here, and cross-posted below.

For over ten years now, The Talking Dog has been interviewing lawyers, former prisoners, former guards, journalists and other involved in the Guantánamo story, and over 70 interviews are posted and linked to at the end of this article, which are essential reading for anyone researching, writing about or just interested in Guantánamo. TD interviewed me back in the summer of 2007, just before my book The Guantánamo Files was published, and we have been friends ever since.

Jeff and I have also known each other for many years, meeting for the first time at Berkeley Says No to Torture Week (in October 2010), which was my third visit to the US, and then again in January 2012, and again in January 2014, and I have long taken an interest in his work, cross-posting articles of his in 2011 and 2012 — see The Time is Right for Americans to Pay Attention to Human Rights Watch’s New Torture Report, New Revelations About The Use of Water Torture at Guantánamo, More Evidence of the Use of Water Torture at Guantánamo and in Afghanistan and Iraq, and also two articles written with Jason Leopold, US Training Manual Used As Basis for Bush’s Torture Program Is Released by Pentagon and Pentagon Report into the Drugging of Guantánamo Prisoners Is Released, and, of particular relevance right now, Were Two Prisoners Killed at Guantánamo in 2007 and 2009? Read the rest of this entry »

Obama’s Failure to Close Guantánamo: Revisiting a Major Article in the New Yorker

"Inaugurate Justice, Close Guantanamo": a message from Witness Against Torture activists outside the White House on January 13, 2013, the 11th anniversary of the opening of the prison, just a week before President Obama's second term inauguration (Photo: Andy Worthington).With just over 100 days remaining for President Obama to fulfill his promise to close the prison at Guantánamo Bay that he inherited from George W. Bush, where men subjected to torture and other forms of abuse are still held without charge or trial, undermining the US’s belief that it is a nation that respects the rule of law, I continue to work to close the prison, through my writing here, and through the Close Guantánamo campaign that I established with the US attorney Tom Wilner in January 2012, on the 10th anniversary of the prison’s opening.

A specific initiative of the “Close Guantánamo” campaign is the Countdown to Close Guantánamo, in which, every 50 days, those who wish to see Guantánamo closed have been submitting photos of themselves with posters reminding President Obama how many days he has left. Please print off the latest poster, marking 100 days remaining for President Obama to fulfill his promise on October 11, take a photo of yourself with it, and send it to us to add your voice to those calling for the prison’s closure.

This January, as President Obama prepares to leave office after eight years as president, it will be 15 years since Guantánamo opened, unless he somehow manages to close it — by executive order, perhaps — in the brief period between the presidential election in November and the inauguration of the next president in January 2017. That seems unlikely, however, because Congress has, for years, imposed bans on spending any money to bring any prisoners to the US mainland for any reason, and overriding lawmakers will unleash a fury. Read the rest of this entry »

The American Lawyer’s Six Guantánamo Bar Profiles: Thomas Wilner, David Remes, Jennifer Cowan, Wells Dixon, David Nevin and Lee Wolosky

Thomas Wilner of Shearman & Sterling (Photo: Diego M. Radzinschi).

The November 2015 issue of The American Lawyer featured a “Special Report: The Guantánamo Bar,” consisting of six interviews with attorneys who have worked on Guantánamo. I’m cross-posting them below, as I think they will be of interest, and I also estimate that many of you will not have come across them previously.

The six lawyers featured were: Thomas Wilner of Shearman & Sterling; David Remes, formerly of Covington & Burling; Jennifer Cowan of Debevoise & Plimpton; J. Wells Dixon of the Center for Constitutional Rights; Public Defender David Nevin; and Lee Wolosky of Boies, Schiller & Flexner. Wolosky was appointed last June as the White House’s special envoy for Guantánamo closure, while the rest have represented prisoners held at Guantánamo.

Thomas Wilner represented a number of Kuwaiti prisoners, and also represented the prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. He is co-founder, with me, of the Close Guantánamo campaign, launched in January 2012, through which, for the last four years, we have been attempting to educate people about why Guantánamo must be closed, and who is held there, and I’m pleased to note that The American Lawyer described him as “the most vocal proponent in the Guantánamo bar for the closure of the offshore prison.” Read the rest of this entry »

Tariq Ba Odah, Hunger Strikes, and Why the Obama Administration Must Stop Challenging Guantánamo Prisoners in Court

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).In June, I wrote an article, “Skeletal, 75-Pound Guantánamo Hunger Striker Tariq Ba Odah Seeks Release; Medical Experts Fear For His Life,” about the desperate plight of Tariq Ba Odah, a Guantánamo prisoner who has been on a hunger strike since 2007 and is at risk of death. His weight has dropped to just 74.5 pounds, and yet the government does not even claim that it wants to continue holding him. Over five and a half years ago, in January 2010, the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009 to review the cases of all the prisoners still held at that time, concluded that he should no longer be held.

The task force approved 156 men for release, although Tariq was one of 30 placed in a category invented by the task force — “conditional detention,” made dependent on a perception that the security situation in Yemen had improved or “an appropriate rehabilitation program or third- country resettlement option becomes available,” as his lawyers described it.

Collectively, the whole of the US establishment has — with one exception — refused to repatriate any Yemenis approved for release since January 2010 (after a foiled terror plot was revealed to have been hatched in Yemen), although, since last November, the administration has been finding third countries willing to offer new homes to Yemenis approve for transfer — in part became of persistent pressure from campaigning groups. 18 Yemenis have so far been found homes in third countries — in Georgia, Slovakia, Kazakhstan, Estonia and Oman — so all that now ought to prevent Tariq Ba Odah’s release is if the US government proves unable to find a third country prepared to offer him a new home. 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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