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 »
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 »
Congratulations to Vice, which describes itself as “an ever-expanding galaxy of immersive, investigative, uncomfortable, and occasionally uncouth journalism,” who have shown up the mainstream media by publishing a major feature on November 10, “Behind the Bars: Guantánamo Bay,” consisting of 18 articles published simultaneously, all of which are about Guantánamo — some by Guantánamo prisoners themselves, as made available by their lawyers (particularly at Reprieve, the legal action charity), others by former personnel at the prison, and others by journalists. “Behind the Bars” is a new series, with future features focusing on prisoners in the UK, Russia and beyond.
Following an introduction by Vice’s Global Editor, Alex Miller, there are five articles by three prisoners, as follows:
Sometimes life takes us down unexpected routes, and yesterday, while looking for links for my last article, a transcript of a talk I gave in Los Angeles during my recent US tour calling for the closure of the prison at Guantánamo Bay on the 12th anniversary of its opening, I found myself visiting a page I first created in May 2010, entitled, “Guantánamo Habeas Results: The Definitive List.”
The page is a list of all the prisoners whose habeas corpus petitions were ruled on by judges in the District Court in Washington D.C. following the Supreme Court’s important ruling, in June 2008, in Boumediene v. Bush, granting the prisoners constitutionally guaranteed habeas corpus rights. At the time I created the list, there had been 47 rulings, and in 34 of those cases, after reviewing all the evidence, the judges concluded that the government had failed to demonstrate that they were connected in any meaningful manner with either al-Qaeda or the Taliban, an ordered their release.
This was humiliating for those who sought to defend Guantánamo, especially as the habeas hearings involved a low evidentiary hurdle — requiring the government to establish its case through a preponderance of the evidence rather than beyond any reasonable doubt. It was, moreover, a vindication for those like myself and some other journalists, as well as lawyers for the men, NGOs and others concerned by the existence of Guantánamo, like Lt. Col. Stephen Abraham, who had worked on the tribunals at Guantánamo, who had long maintained that the supposed evidence against the men was flimsy and untrustworthy, in large part because it was gathered using torture or other forms of coercion, or, in some cases at Guantánamo, because certain prisoners were bribed with better living conditions if they told lies about their fellow prisoners. Read the rest of this entry »
Next March it will be eight years since I gave my life over to chronicling Guantánamo and the 779 men (and boys) held there, and campaigning to get the prison closed. I did this initially through my book The Guantánamo Files, and, for the last six and a half years, I have continued to seek the prison’s closure — and to educate people about the men held there and the lies told in the “war on terror” — as a full-time independent investigative journalist.
Nearly four years ago, I began to put together chronological lists of all my articles, in the hope that doing so would make it as easy as possible for readers and researchers to navigate my work — the 2100 articles and pages I have published since May 2007. Unfortunately, I have found it difficult to keep up to date with this project for the last two years, hence this belated entry covering all the articles I wrote from July to December 2012.
In this period, as well as relentlessly covering Guantánamo, I continued to be involved in campaigning to resist the age of austerity cynically introduced by the Tory-led government here in the UK, which is being used to wage a disgusting and disgraceful civil war against the poor, the unemployed and the disabled, and whose main aim is to destroy the state provision of services. In the period covered in this article, my previous efforts to save the NHS from privatisation fed into a campaign even closer to home, as the government and senior NHS managers proposed to severely cut services at Lewisham Hospital, my local hospital in south east London, to pay for the debts of a neighbouring NHS trust that had got into financial difficulties — in part because of ruinous private finance (PFI) deals, providing unjustifiable profits to private companies building hospitals for the government. Read the rest of this entry »
Exactly a year ago, on September 8, 2012, Adnan Farhan Abdul Latif, a Yemeni prisoner at Guantánamo, died in circumstances that are still disputed. The US authorities claim that he committed suicide by overdosing on psychiatric medication that he had hoarded, but that has always seemed unlikely, given that the prisoners at Guantánamo are closely monitored, and it has become clear that he was moved around the prison on a number of occasions before his death, making the hoarding of medication even more unlikely.
Despite the inconsistencies in the US authorities’ account of Adnan’s death, it is undisputed that, throughout his ten years at Guantánamo, he had attempted to commit suicide on several occasions. A talented poet, and a father, Adnan also had severe mental health problems, the result of a car crash in Yemen many years before his capture. Adnan always claimed that he had traveled to Pakistan and Afghanistan in search of cheap medical treatment for his head wounds, in contrast to the US authorities’ attempts to portray him as a member of al-Qaeda.
Those claims, however, evaporated over the years of Adnan’s long and pointless imprisonment, as he was cleared for release on three occasions, only to discover that decisions to release prisoners meant very little, especially in the case of Yemeni prisoners. At the time of his death, 87 of the remaining 167 prisoners had been cleared for release, by an inter-agency Guantánamo Review Task Force that President Obama established when he took office in January 2009, but were still held, and 57 of these men were Yemenis. Read the rest of this entry »
After seven and a half years of researching and writing about the prisoners held in the “war on terror” prison at Guantánamo Bay, it’s always refreshing to hear from former prisoners — and, in many cases, to see their faces and hear their voices for the very first time.
The highlights of “Life After Guantánamo,” Al-Jazeera America’s newly released documentary about Guantánamo (available below, via YouTube) are interviews with two released Yemeni prisoners, Mohammed Hassan Odaini (freed in July 2010), and Farouq Ali Ahmed (freed in December 2009). I told the story of Ahmed, the victim of two notoriously false allegations made by other prisoners, in an article following his release, and I told the story of Odaini, an innocent student seized in a house raid in Pakistan in March 2002, in a series of articles between May 2010, when he had his habeas corpus petition granted, and his release 48 days later (see here, here and here).
At the time, it was clear to me that both men were palpably innocent, and seeing and hearing them now only confirms it. Both are charming and articulate, working, married, and expecting their first children, and, importantly, neither man even remotely fulfils American fears that released Yemenis will “return to the battlefield.” Read the rest of this entry »
This article, published simultaneously here and on the “Close Guantánamo” website, contains exclusive information from the unclassified notes of a visit to Abdelhadi Faraj — a Syrian prisoner, and one of 86 men cleared for release from Guantánamo but still held — by his attorney, Ramzi Kassem, in October 2012. During that visit, Faraj spoke about the death of Adnan Latif, the Yemeni prisoner who died at Guantánamo last September, and the notes from that visit, made available to me via Ramzi and his team at CUNY (the City University of New York) are compared and contrasted with the military’s own account, as described in a report released to the journalist Jason Leopold through FOIA legislation at the start of July 2013.
Ten months ago, on September 8, 2012, Adnan Latif, a Yemeni prisoner in Guantánamo, died in his cell. While no one at the time knew the circumstances of his death, it was clear that, however he had died, it was the fault of all three branches of the US government — of President Obama and his administration, of Congress, and of the Supreme Court and the court of appeals in Washington D.C. (the D.C. Circuit Court).
Latif, who had severe mental health problems, had been cleared for release in 2006 by a military review board under George W. Bush, and again by the inter-agency Guantánamo Review Task Force, established by President Obama shortly after taking office in January 2009. He also had his habeas corpus petition granted by a District Court judge in July 2010, but the Obama administration appealed that ruling, and the D.C. Circuit Court overturned it in November 2011. In 2012, when Latif appealed to the Supreme Court, the highest court in the land refused to accept his case (or those of six other prisoners), and three months later he was dead.
Two weeks ago, in response to a FOIA request submitted by the journalist Jason Leopold, the military released its report into Latif’s death, which found that the prison guards and medical personnel responsible for him had failed to follow the prison’s rules in dealing with him, and that Latif himself had “hoarded medications and ingested them shortly before he was found unresponsive in his cell.”
However, not everyone finds this explanation convincing. Read the rest of this entry »
Every six months, I urge readers to send letters to the prisoners in Guantánamo, and, as this is the Muslim holy month of Ramadan, which began July 8, there is no better time to write to the 166 men still held, the majority of whom have been on a hunger strike for over five months, protesting about conditions at the prison, and the failure of all three branches of the US government to free them or put them on trial.
In the last three years, just ten prisoners have been released, even though 86 of the men still held were cleared for release by the sober and responsible inter-agency Guantánamo Review Task Force, consisting of around 60 members of the major government departments and the intelligence agencies. Established by President Obama when he took office in 2009, the task force spent a year reviewing the men’s cases before reaching their decisions about who to release, who to prosecute, and, disturbingly, who to hold indefinitely without charge or trial on the basis that they are “too dangerous to release,” even though insufficient evidence exists to put them on trial. In the real world, what this means is that the supposed evidence is no such thing, and is, instead, a collection of extremely unreliable statements made by the prisoners themselves, and, more particularly, their fellow prisoners, as well as other intelligence reports of a dubious nature.
The Guantánamo Review Task Force’s report was published in January 2010, but it was not until last month that a document explaining which prisoners had been placed into which categories was released through FOIA legislation. I analyzed that document here, and noted which prisoners had been placed in which categories in the prisoner list on the CloseGuantánamo.org website. Read the rest of this entry »
In preventing the release of prisoners from Guantánamo, all three branches of the US government are responsible. President Obama promised to close the prison within a year of taking office, but he lacked a concrete plan, and soon caved in to criticism, blocking a plan by White House counsel Greg Craig to bring some cleared prisoners who couldn’t be safely repatriated — the Uighurs, Muslims from China’s Xinjiang province — to live in the US, and imposing a ban on releasing all Yemenis after it was discovered that a failed plot to blow up a plane bound for the US on Christmas Day 2009 was hatched in Yemen.
Congress, in turn, imposed ban on bringing prisoners to the US mainland, and, in the last two versions of the National Defense Authorization Act, a ban on releasing prisoners to any country where even a single released prisoner has allegedly engaged in recidivism (returning to the battlefield), and a requirement that, if a prisoner were to be released, the Secretary of Defense would have to certify that they would not be able, in future, to engage in any terrorist activities — a requirement that appears to be impossible to fulfill.
Largely overlooked has been the responsibility of the judiciary — and specifically, the Court of Appeals in Washington D.C. (the D.C. Circuit Court), and the Supreme Court, but their role in keeping men at Guantánamo is also crucial.
Nine years ago, in June 2004, in Rasul v. Bush, the Supreme Court granted the prisoners habeas corpus rights, a momentous ruling that pierced the veil of secrecy that had allowed the Bush administration to establish a torture regime at Guantánamo, and also allowed the prisoners to be represented by lawyers, who were allowed to visit them. Read the rest of this entry »
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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