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 »

Afghan Moneychanger Seeks Release from Guantánamo Via Periodic Review Board

Afghan prisoner Haji Wali Mohammed, in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.On August 25, an Afghan prisoner at Guantánamo, Haji Wali Mohammed, who was born in February 1965 or 1966, became the 62nd prisoner to face a Periodic Review Board. The PRBs — whose closest analogy are parole boards — were set up in 2013 to review the cases of all the prisoners who had not already been approved for release and were not facing trials, and in total 64 men have had their cases reviewed. The last two reviews took place on September 1 and September 8, and I’ll be writing about them very soon.

Of the 64, 12 decisions have yet to be taken, but of the 52 cases decided (see my definitive PRB list here), the board members — comprising 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 — approved 33 men for release, while upholding the ongoing imprisonment of 19 others. That’s a success rate for the prisoners of 63%, which is a rather damning indictment of the caution exercised by the previous review board, the Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, and made the recommendations for the ongoing imprisonment of the 64 men who have ended up facing PRBs.

23 of the 64 had been recommended for prosecution by the task force, until the basis for prosecutions in Guantánamo’s military commissions largely collapsed as a result of a number of devastating appeals court rulings in Washington, D.C., in which judges dismissed some of the handful of convictions secured in the commissions, and concluded that the war crimes in question had been invented by Congress. Read the rest of this entry »

Obama Releases 15 Prisoners from Guantánamo to UAE; Just 61 Men Now Left (Part 2 of 2)

Mahmud al-Mujahid (aka Mahmoud-al-Mujahid), in a photo included in the classified military files relating to the Guantanamo prisoners that were released in 2011.Last week, 15 prisoners were released from Guantánamo to the United Arab Emirates, the largest single release of prisoners under President Obama, bringing the total number of men held to just 61. 12 of the 15 men are Yemenis, and the other three are Afghans. A third country had to be found that would offer them new homes, because the entire US establishment refuses to repatriate any Yemenis, on the basis that the security situation in Yemen means they cannot be adequately monitored, and Afghans cannot be repatriated because of legislation passed by Congress.

On Sunday I published an article about six of the Yemenis, who were all approved for release from Guantánamo in 2010, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established to review the cases of all the men held when he took office and to decide whether they should be freed or prosecuted, or whether they should continue to be held without charge or trial.

The other nine men were approved for release by Periodic Review Boards, the latest review process, which began in 2013, and which was set up to review the cases of men who had not already been approved for release, and are not facing trials (and just ten men are in this latter category). The reviews started in November 2013, and, to date, 33 men have been approved for release, while 19 have had their ongoing imprisonment upheld, a 63% success rate. This is an extraordinary success rate for men previously described as “too dangerous to release,” by the task force, and it clearly establishes that the task force was unnecessarily cautious in its appraisal of the prisoners held when President Obama took office. Read the rest of this entry »

The Last Prisoner to Arrive at Guantánamo, an Afghan Fascinated with US Culture, Asks Review Board to Approve His Release

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.On August 4, Muhammad Rahim, an Afghan, became the 56th Guantánamo prisoner to face a Periodic Review Board. The PRBs were set up in 2013, and are reviewing the cases of all the prisoners still held who are not facing trials (just ten of the remaining 76 prisoners) or who were not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.

33 men have so far been approved for release via the PRBs (and eleven have been released), while 17 have had their ongoing imprisonment held. This is a 67% success rate for the prisoners, and it ought to be embarrassing for the Obama administration, whose task force had concluded that they were “too dangerous to release” or that they should be prosecuted. See my definitive Periodic Review Board list on the Close Guantánamo website for further information.

Muhammad Rahim, who was born in November or December 1965, was the last prisoner to arrive at Guantánamo, in March 2008, when he was described as “a close associate” of Osama bin Laden. He has been described as a “high-value detainee” — one of only 16 held at the prison — but if this was the case he would surely have been put forward for prosecution, suggesting that, as with so many of the prisoners held at Guantánamo, his significance has been exaggerated. Read the rest of this entry »

Ravil Mingazov, the Last Russian in Guantánamo, Is Approved for Release, While Afghan Who Arrived in 2007 Has Ongoing Detention Upheld

Russian prisoner Ravil Mingazov, an ethnic Tatar, photographed before his capture in Pakistan in March 2002 and his transfer to Guantanamo.So after last week’s news that torture victim and best-selling author Mohamedou Ould Slahi has been approved for release from Guantánamo by a Periodic Review Board, there has been more good news this week, as Ravil Mingazov, the last Russian in the prison, has also been approved for release (on July 21), bringing to 30 the number of men approved for release by the PRBs. Just 14 men have had their ongoing imprisonment upheld by the review boards, although one of those decisions also took place last week — for Haroon Gul, known to the US authorities as Haroon al-Afghani, who was one of the last prisoners to arrive at Guantánamo in 2007.

With these 44 results, the success rate for the prisoners is 68%, which is remarkable when you consider that the men in question were all described as “too dangerous to release” or were recommended for prosecution by the last review process, the Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009. With such results, it would be impossible not to conclude that the task force overreacted massively in its recommendations, contained in its final report in January 2010.

With less than six months remaining of the Obama presidency, ten results are still awaited, and ten reviews are still to take place. For further information about the PRBs, see my definitive Periodic Review Board list on the Close Guantánamo website. Read the rest of this entry »

Finally! Torture Victim and Best-Selling Author Mohamedou Ould Slahi Approved for Release from Guantánamo

Mauritanian prisoner Mohamedou Ould Slahi, photographed before he was handed over to US authorities in Mauritania, and sent for torture in Jordan and Guantanamo, where he is still held. On July 14, 2016, a Periodic Review Board approved him for release.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.

Great news from Guantánamo, as the torture victim and best-selling author Mohamedou Ould Slahi has been approved for release by a Periodic Review Board, as has an Afghan prisoner, Abdul Zahir, who was charged in the first version of Guantánamo’s military commissions in January 2006 — although those charges were then dropped and never revived. The PRBs were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials, and, with these two decisions, 29 men have been approved for release and 13 for ongoing imprisonment, a success rate of 69%. See our definitive Periodic Review Board list here.

This is remarkable — and an indictment of the Obama administration’s caution — when it is recognized that, back in 2009, when President Obama set up a high-level, inter-agency Guantánamo Review Task Force to assess these men’s cases, these 42 men and 22 others either awaiting reviews or awaiting the results of reviews, were described as “too dangerous to release,” although the task force acknowledged that insufficient evidence existed to put them on trial, or were put forward for prosecution, until the basis for prosecutions largely collapsed under judicial scrutiny in 2012-13.

Slahi (ISN 760), a 45-year old Mauritanian, was one of those initially — and incomprehensibly — recommended for prosecution by the task force. As I explained at the time of his PRB on June 2, he “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.” Read the rest of this entry »

Afghan Held at Guantánamo Since 2007, But Never Heard From Before, Seeks Release Via Periodic Peview Board

Guantanamo prisoner Haroon-al-Afghani, one of the last prisoners to arrive at Guantanamo (in 2007), who had never been heard from before his Periodic Review Board in June 2016. The photo is from his classified military file, released by WikiLeaks in 2011.Last week, Haroon al-Afghani, who is around 35 years old and was one of the last prisoners to arrive at Guantánamo, in June 2007, became the 46th prisoner to face a Periodic Review Board. This latest of many review processes at Guantánamo began in November 2013 to provide reviews akin to parole boards for 71 men — 46 described as “too dangerous to release” by the previous review process, the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009, and 25 others recommended for prosecution by the task force, until the basis for prosecutions largely collapsed in 2012-13, after appeals court judges threw out a number of convictions on the basis that the war crimes for which the men had been sentenced were not legitimate war crimes, and had been invented by Congress.

By the time the PRBs began, seven men had been removed from consideration — five “forever prisoners” were freed in a prisoner exchange, and two men initially recommended for prosecutions agreed to plea deals in the military commissions. Of the 64 remaining prisoners eligible for PRBs, 35 decisions have so far been taken — and 24 of those decisions have been recommendations for release, demonstrating, if any proof were needed, that the task force’s assessments of the men back in 2010 were unacceptably exaggerated.

Al-Afghani was one of the men recommended for prosecution by the task force in 2010, but in truth there never seemed to have been a viable war crimes case against him. Although the Pentagon described him, when he arrived at Guantánamo, as a “dangerous terror suspect,” who was “known to be associated with high-level militants in Afghanistan,” and had apparently “admitted to serving as a courier for al-Qaeda Senior Leadership (AQSL),” it seemed more probable that he had been part of a militia that, although opposed to the US, was not something to genuinely consider in anything other than a military context. Read the rest of this entry »

Two More Prisoners – A Moroccan and an Afghan – Seek Release from Guantánamo Via Periodic Review Boards, as Two More Men Have Their Detention Upheld

Moroccan prisoner Abdul Latif Nasir, in a photo from Guantanamo included in the classified military files released by WikiLeaks in April 2011.Last week, the Obama administration’s efforts to reduce the number of men held at Guantánamo, via Periodic Review Boards, continued with two more reviews. The PRBs were established in 2013 to review the cases of 41 men regarded as “too dangerous to release,” and 23 others recommended for prosecution, and were moving with glacial slowness until this year, when, realizing that time was running out, President Obama and his officials took steps to speed up the process.

35 cases have, to date, been decided by the PRBs, and in 24 of those cases, the board members have recommended the men for release, while upholding the detention of 11 others. This is a success rate for the prisoners of 69%, rather undermining the claims, made in 2010 by President Obama’s high-level, inter-agency Guantánamo Review Task Force, that the men described as “too dangerous to release” deserved that designation, even though the task force had conceded that insufficient evidence existed to put the men on trial.

In fact that description — “too dangerous to release” —  has severely unravelled under the scrutiny of the PRBs, as 22 of those recommended for release had been placed in that category by the task force. The task force was rather more successful with its decisions regarding the alleged threat posed by those it thought should be prosecuted, as five of the eleven recommended of ongoing imprisonment had initially been recommended for prosecution by the task force. Read the rest of this entry »

Periodic Review Boards: Two Prisoners Recommended for Release from Guantánamo, Two Have Detention Upheld, Another Seeks Release

Yemeni prisoner Shawqi Balzuhair, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.It’s been a busy week at Guantánamo, with two Periodic Review Boards taking place, two prisoners being approved for release after reviews in April, and two others having their ongoing imprisonment without charge or trial upheld.

The Periodic Review Boards — which involve 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 established in 2013 to review the cases of all the men still held who are not facing trials (and just ten men are in this category), or who had not already been approved for release by the high-level, inter-agency Guantánamo Review Task Force, which, in 2009, reviewed the cases of all the men held when President Obama took office.

71 men were originally eligible for PRBs, a number reduced to 64 when five men were freed, and two were charged in the military commissions. 41 of the men were described as “too dangerous to release” by the task force, which acknowledged, however, that insufficient evidence existed to put them on trial — meaning, of course, that it was not evidence at all, but, in large part, consisted of unreliable statements made by the prisoners themselves, or their fellow prisoners, when the use of torture and other forms of abuse were widespread. 23 others had been recommended for prosecution by the task force, until the basis for prosecution largely collapsed after a number of highly critical appeals court rulings, in which judges dismissed some of the few convictions secured in the troubled military commission system, on the basis that the war crimes in question had been invented by Congress. Read the rest of this entry »

Insignificant Afghan Finally Approved for Release from Guantánamo

Afghan prisoner Obaidullah, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Good news from Guantánamo, as another prisoner, Obaidullah, an Afghan, is approved for release by a Periodic Review Board. Decisions have now been taken in the cases of 29 prisoners, with 22 recommended for release, and just seven recommended for ongoing imprisonment. This is a success rate for the prisoners of 76%, which is hugely significant, because, back in 2010, they were either recommended for prosecution or were described as “too dangerous to release” by the Guantánamo Review Task Force, which President Obama established, shortly after taking office in 2009, to review the cases of all the prisoners held when he became president. 23 men were in the former category, and 41 in the latter.

The decision also means that, of the 80 men still held, 28 have been approved for release — 15 by the task force in 2010, and 13 by the PRBs (nine of those approved for release by PRBs have already been freed). 35 others are awaiting PRBs, or are awaiting decisions, and just ten men are facing trials — or have already had trials.

Obaidullah, who was just 19 years old when he was seized at his home in Afghanistan in July 2002, is one of the prisoners who had initially been recommended for prosecution — and is the second former prosecution candidate to be recommended for release by a PRB (three others have been recommended for ongoing imprisonment). He had been put forward for a trial by military commission in September 2008, charged with providing material support for terrorism and conspiracy, based on claims that he “stored and concealed anti-tank mines, other explosive devices, and related equipment”; that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.” 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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