Ahmed Al-Darbi, Admitted Terrorist at Guantánamo, Receives 13-Year Sentence Following 2014 Plea Deal

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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.

 

Last Friday, the US authorities secured a rare success at Guantánamo, when a panel of US military officers gave a 13-year sentence to Ahmed al-Darbi, a Saudi prisoner, for what the New York Times described as “his admitted role in a 2002 attack by Al Qaeda on a French oil tanker off the Yemeni coast.”

Al-Darbi had pleaded guilty in his military commission trial in February 2014, but his sentencing had not taken place until now because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook this summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.

Under the terms of the plea deal, as Charlie Savage described it in the New York Times, “the commission could have imposed a sentence of 13 to 15 years.” However, the prosecutors joined with al-Darbi’s defense team to ask for “the minimum available term in light of his extensive assistance to the government.” As Savage put it, al-Darbi “has renounced Islamist ideology and lived apart from the general detainee population for years.” Read the rest of this entry »

New York Times Finally Reports on Trump’s Policy of Letting Guantánamo Hunger Strikers Die; Rest of Mainstream Media Still Silent

An image of Guantanamo by Sami al-Haj, as reproduced by British artist Lewis Peake in 2008, based on a drawing by Sami that the Pentagon censors refused to allow the public to see. The drawing, one of a series of five, was commissioned by Sami's lawyers at the lawyer-led international human rights organization Reprieve.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.

 

So today, five days after the lawyer-led human rights organization Reprieve issued a press release, about how two of their clients had told them that, since September 20, prisoners on a long-term hunger strike were no longer being force-fed, and four days after I reported it (exclusively, as it turned out), the New York Times emerged as the first — and so far only — mainstream media outlet to cover the story, although even so its headline was easy to ignore: “Military Is Waiting Longer Before Force-Feeding Hunger Strikers, Detainees Say.”

As Charlie Savage described it, military officials at Guantánamo “recently hardened their approach to hunger-striking prisoners,” according to accounts given by prisoners to their lawyers, “and are allowing protesters to physically deteriorate beyond a point that previously prompted medical intervention to force-feed them.”

“For years,” Savage continued, “the military has forcibly fed chronic protesters when their weight dropped too much. Detainees who refuse to drink a nutritional supplement have been strapped into a restraint chair and had the supplement poured through their noses and into their stomachs via nasogastric tubes.” Read the rest of this entry »

Detailed Los Angeles Review of Books Article Asks, “What Are We Still Doing in Guantánamo?”

A prisoner being moved by guards in Camp Six at Guantanamo (Photo: J. Moore, Getty Images).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.

 

As we approach the 16th anniversary of the terrorist attacks of September 11, 2001, those of us who care about justice, the rule of law and a sense of proportion will also be attempting to remind the world that we’re just four months away from another 16th anniversary, directly released to 9/11 — the opening of the prison at Guantánamo Bay, which took place on January 11, 2002.

Ostensibly a prison for “the worst of the worst,” seized in the “war on terror” that the Bush administration declared in the wake of the 9/11 attacks, Guantánamo has, instead, become, to those who care, a symbol of everything that is wrong with the US response to 9/11 — a place where men seized through dubious intelligence, or bought for bounty payments from America’s allies in Pakistan and Afghanistan, were tortured or abused to make false statements incriminating themselves or their fellow prisoners, and are held, mostly without charge or trial, in defiance of domestic and international laws and treaties establishing how prisoners can only be held if they are criminal suspects facing trials, or prisoners of war protected by the Geneva Conventions,

The Guantánamo prisoners are neither, and are, still, men held essentially without any rights, although unfortunately most people — or most Americans, in particular — neither know nor care, and 15 years and eight months after the prison opened, the 41 men still held are at the mercy of the third president in charge of their fate — Donald Trump, who, rather than accepting that Guantánamo is an aberration that must be closed (as George W. Bush eventually realized, and Barack Obama knew all along, despite lacking the political will to deliver on his promise to close it), intends to officially keep it open, and, if he can manage it, to send new prisoners there — a plan that anyone rational abhors, although, unfortunately, rational thought is currently quite severely endangered, especially, it seems, in the Republican Party. Read the rest of this entry »

The Absurdity of Guantánamo: As US Prepares to Release Ahmed Al-Darbi in Plea Deal, Less Significant Prisoners Remain Trapped Forever

The sign and flags at Camp Justice, Guantanamo, where the military commission trials take place.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.

 

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 the long and cruel history of Guantánamo, a major source of stress for the prisoners has been, from the beginning, the seemingly inexplicable release of prisoners who constituted some sort of a threat to the US, while completely insignificant prisoners have languished with no hope of release.

In the early days, this was because shrewd Afghan and Pakistani prisoners connected to the Taliban fooled their captors, who were too arrogant and dismissive of their allies in the region to seek advice before releasing men who later took up arms against them. Later, in the cases of some released Saudis, it came about because the House of Saud demanded the release of its nationals, and the US bowed to its demands, and in other cases that we don’t even know about it may be prudent to consider that men who were turned into double agents at a secret facility within Guantánamo were released as part of their recruitment — although how often those double agents turned out to betray their former captors is unknown.

Under President Obama, an absurd point was reached in 2010, when, after Congress imposed onerous restrictions on the release of prisoners, the only men freed were those whose release had been ordered by a judge (as part of the short-lived success of the prisoners’ habeas petitions, before politicized appeals court judges shut down the whole process) or as a result of rulings or plea deals in their military commission trials. Just five men were freed in a nearly three-year period from 2010 to 2013 — with former child prisoner Omar Khadr, low level al-Qaeda assistant Ibrahim al-Qosi, and military trainer Noor Uthman Muhammed all released via plea deals — as President Obama sat on his hands, and refused to challenge Congress, even though a waiver in the legislation allowed him to bypass lawmakers if he wished. Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Guantánamo, Where Unsubstantiated Suspicion of Terrorism Ensures Indefinite Detention, Even After 12 Years

Please support my work!

Last week, in a decision that I believe can only be regarded objectively as a travesty of justice, a Periodic Review Board (PRB) at Guantánamo — consisting of representatives of six government departments and intelligence agencies — recommended that a Yemeni prisoner, Abdel Malik al-Rahabi (aka Abd al-Malik al-Rahabi), should continue to be held. The board concluded that his ongoing imprisonment “remains necessary to protect against a continuing significant threat to the security of the United States.”

In contrast, this is how al-Rahabi began his statement to the PRB on January 28:

My family and I deeply thank the board for taking a new look at my case. I feel hope and trust in the system. It’s hard to keep up hope for the future after twelve years. But what you are doing gives me new hope. I also thank my personal representatives and my private counsel, and I thank President Obama. I will summarize my written statement since it has already been submitted to the board. 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 »

US Military Admits Only 2.5 Percent of All Prisoners Ever Held at Guantánamo Will Be Tried

So it’s official, then. Eleven and a half years after the “war on terror” prison opened at Guantánamo, the maximum number of prisoners that the US military intends to prosecute, or has already prosecuted, is 20 — or just 2.5 percent of the 779 men held at the prison since it opened in January 2002.

The news was announced on Monday June 10 by Army Brig. Gen. Mark Martins, the chief prosecutor for the military commissions at Guantánamo, and it is a humiliating climbdown for the authorities.

When President Obama appointed an inter-agency task force to review the cases of the remaining Guantánamo prisoners, which issued its report in January 2010, the task force recommended that 36 of the remaining prisoners should be tried.

Just five of the 36 have since been to trial — one in the US, and four through plea deals in their military commissions at Guantánamo. Another man — Ali Hamza al-Bahlul — had already been tried and convicted, in the dying days of George W. Bush’s second term, and two others had been sent home after their trials — David Hicks after a plea deal in March 2007, and Salim Hamdan after a trial in July 2008 — making a total of 39 prosecutions, or intended prosecutions, after eleven and a half years of the prison’s existence. That was just 5 percent of the men held throughout Guantánamo’s history, but now that figure, which was, in itself, an extremely poor reflection on the efficacy of the prison and its relationship to any acceptable notions of justice, has been halved.

As Reuters described it, Brig. Gen. Martins explained that the number set by the task force was “ambitious” in light of two rulings last October and in January this year by judges in the court of appeals in Washington D.C. Read the rest of this entry »

Eleven Years After 9/11, Guantánamo Is A Political Prison

Eleven years since the terrorist attacks on September 11, 2001, the majority of the remaining 168 men in Guantánamo are not held because they constitute an active threat to the United States, but because of inertia, political opportunism and an institutional desire to hide evidence of torture by US forces, sanctioned at the highest levels of government. That they are still held, mostly without charge or trial, is a disgrace that continues to eat away at any notion that the US believes in justice.

It seems like an eternity since there was the briefest of hopes that George W. Bush’s “war on terror” prison at Guantánamo would be shut down. That was in January 2009, but although Barack Obama issued an executive order promising to close Guantánamo within a year, he soon reneged on that promise, failing to stand up to Republican critics, who seized on the fear of terrorism to attack him, and failing to stand up to members of his own party, who were also fearful of the power of black propaganda regarding Guantánamo and the alleged but unsubstantiated dangerousness of its inmates.

The President himself also became fearful when, in January 2010, the Guantánamo Review Task Force, which he himself had appointed, and which consisted of career officials and lawyers from government departments and the intelligence agencies, issued its report based on an analysis of the cases of the 240 prisoners inherited from George W. Bush (PDF). The Task Force recommended that, of the 240 men held when he came to power, only 36 could be prosecuted, but 48 others were regarded as being too dangerous to release, even though insufficient evidence existed to put them on trial. Read the rest of this entry »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Abu Zubaydah Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer Torture UK austerity UK protest US Congress US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo