16th Guantánamo Prisoner Seeks Release Via Periodic Review Board

Guantanamo prisoner Salman Rabei'i, in a photo included in the classified military files 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.

Last Tuesday, July 14, a Yemeni prisoner at Guantánamo, Salman Yahya Hassan Muhammad Rabei’i, 36, became the 16th prisoner to face a Periodic Review Board. The boards — which consist of 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 were not already approved for release, with the exception of those facing trials, based on the decisions taken by the high-level, inter-agency Guantánamo Review Task Force, which President Obama established in 2009. In its final report in January 2010, the task force recommended that 48 men should continue to be held because they were regarded as too dangerous to release, although it was also acknowledged that there was insufficient evidence to put them on trial.

This, of course, meant that the recommendation to continue holding them were based on information that did not raise to the level of evidence — hearsay, or statements made by prisoners under torture or other forms of duress, for example. To sweeten this bitter pill, President Obama promised periodic reviews of their cases, and when the PRBs were finally established, nearly three years later, two of the 48 had died, but 25 others had been added, from the 36 men recommended for trials by the task force. These 25 were added because of a startling collapse in the legitimacy of the military commmisions, after the appeals court in Washington D.C. began dismissing convictions because the trial system relied on war crimes that were not war crimes, but had been invented by Congress. Read the rest of this entry »

Abdul Rahman Shalabi, Guantánamo Hunger Striker for Ten Years, Is Approved for Release to Saudi Arabia

Guantanamo prisoner Abdul Rahman Shalabi, in a photo included in the classified military files 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.

I’m pleased to report that Abdul Rahman Shalabi (ISN 042), a Saudi at Guantánamo, who has, astonishingly, been on a hunger strike for ten years, has been approved for release by a Periodic Review Board, which explained, in its final determination regarding Shalabi’s case, “The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer necessary to protect against a continuing significant threat to the security of the United States.”

The PRBs — which consist of 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 prisoners who had neither been approved for release by the high-level, multi-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in 2009, nor had been put forward for trials.

Originally, there were 48 men in this category of prisoners neither approved for release nor for trials, but two died before the PRBs began. To these 46 were added 25 others, originally recommended for trials, until the trial system at Guantánamo began to unravel spectacularly, with a series of damning rulings, by judges in the generally quite conservative appeals court in Washington D.C. The D.C. Circuit Court judges established that what the government called war crimes were no such thing, and had been invented by Congress, thereby rendering the entire trial system of the “war on terror” to be only one notch up from useless and thoroughly discredited. Read the rest of this entry »

Who Are the Six Yemenis Freed from Guantánamo and Resettled in Oman?

Idris Ahmad Abdu Qader Idris, in a photo included in the classified US military documents (the Detainee Assessment Briefs) released by WikiLeaks in April 2011.So it’s good news from Guantánamo, as six Yemenis — long cleared for release — have been freed and resettled in the Gulf state of Oman. These are the first men to be released since January, and the first under the watch of the new defense secretary Ashton Carter, who, as defense secretary, has to sign off on any proposed releases, certifying to Congress that it is safe to do so.

They follow four of their compatriots who were resettled in Oman in the last batch of transfers, five months ago, on January 14. With these releases, 116 men remain at Guantánamo, and 51 of those men have been approved for release — 44 since 2009, when the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009 issued its recommendations about who to release, who to prosecute and who to continue holding without charge or trial. The other seven have had their release approved, in the last year and a half, by Periodic Review Boards, established to review the cases of all the prisoners not approved for release by the task force, with the exception of the small number of men facing trials.

Of these 51, all but eight are Yemenis, the victims of a refusal, across the entire US establishment, to contemplate repatriating them because of the security situation in their home country. The other eight include Tariq al-Sawah, a morbidly obese Egyptian who was cleared for release by a PRB in February. and three men cleared by the task force and mentioned in a Washington Post article predicting a rash of releases in April, which I wrote about here. Read the rest of this entry »

Abdul Rahman Shalabi, Hunger Striker Since 2005, Asks Review Board to Approve His Release from Guantánamo

"Close Guantanamo": a campaigner holds a postcard promoting the "Close Guantanamo" campaign on January 11, 2012 in Washington D.C., the 10th anniversary of the opening of Guantanamo.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. 

Last Tuesday, April 21, Abdul Rahman Shalabi became the 14th “forever prisoner” at Guantánamo to have his case reviewed by a Periodic Review Board. The PRBs — which consist of 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 prisoners who had neither been approved for release by the high-level, multi-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in 2009, nor had been put forward for trials.

At the time of the PRBs’ creation, 71 men were deemed to be eligible for reviews, but, according to my records, five of these men have been released, one other accepted a plea deal in the military commissions, and another was charged, leaving 50 more prisoners eligible for the process.

Progress has been slow, but, of the 13 cases so far decided, nine have ended with the boards approving the release of the prisoners in question, and just four have been approved for ongoing imprisonment. Read the rest of this entry »

Prisoners in Guantánamo Ask to be Freed Because of the End of the War in Afghanistan

Guantanamo prisoner Obaidullah before his capture, in a photo provided to his lawyers by his family in Afghanistan.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 March 30, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration asking for their clients to be released.

The five men in question are: Haji Hamdullah (aka Haji Hamidullah), ISN 1119; Mohammed Kamin, ISN 1045; Bostan Karim, ISN 975; Obaidullah, ISN 762; and Abdul Zahir, ISN 753.

The lawyers wrote, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.” Read the rest of this entry »

Life Sentence for Sulaiman Abu Ghaith Discredits Guantánamo’s Military Commissions

On Tuesday, in a courtroom in New York City, a long-running chapter in the “war on terror” came to an end, when Sulaiman Abu Ghaith, 48, a Kuwaiti-born cleric who appeared in media broadcasts as a spokesman for Al-Qaeda the day after the terrorist attacks of September 11, 2001, received a life sentence based on the three counts for which he was convicted after his trial in March: conspiracy to kill Americans, providing material support to terrorists and conspiring to provide material support to terrorists.

The life sentence came as no surprise, as it is permissible for the main conspiracy charge, although Abu Ghaith’s lead defense lawyer, Stanley L. Cohen, had, as the New York Times described it, “sought a sentence of 15 years, saying in a court submission that his client was facing ‘the harshest of penalties for talk — and only talk.'” The Times added that Cohen had likened Abu Ghaith to “an outrageous daytime ‘shock-radio’ host, or a World War II radio propagandist for a losing ideology.”

In court, as the Times also noted, Cohen “emphasized that his client had played no role in specific acts of terrorism,” but the government had argued otherwise, stating in a sentencing memorandum that there was “no fathomable reason to justify a sentence other than life.” Read the rest of this entry »

Please Read Tom Wilner’s Op-Ed About the Bowe Bergdahl/Taliban Prisoner Swap

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.

It has been almost three weeks now since President Obama announced that five Taliban prisoners had been released from Guantánamo in exchange for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, but the fallout from that prisoner exchange continues to cast a shadow over grown-up discussions about why the prison must be closed, and why every day that it remains open is a profound shame.

Below is an op-ed by Tom Wilner, the co-founder of the  “Close Guantánamo” campaign, which was recently published on the Warscapes website, following up on articles by Andy Worthington, the other co-founder of the “Close Guantánamo” campaign, on PolicyMic, here and for Al-Jazeera.

The response to the prisoner exchange — which has been cynical, opportunistic and disgraceful — is well exposed by Tom in his article, in which he reminds readers of the limits of the detention powers used at Guantánamo (the Authorization for Use of Military Force), with particular reference to the Supreme Court’s ruling about detention powers, back in June 2004, when Justice Sandra Day O’Connor ruled that the US “may detain, for the duration of these hostilities, individuals legitimately determined to be Taliban combatants who ‘engaged in an armed conflict against the United States.’” Read the rest of this entry »

Please Read My Latest Article About Guantánamo for Al-Jazeera, “Is Bowe Bergdahl Worth Five Taliban Prisoners?”

Dear friends and supporters,

I hope you have time to read my latest article for Al-Jazeera, “Is Bowe Bergdahl Worth Five Taliban Prisoners?” in which I provide an overview of the manufactured outrage over the last two weeks regarding the Obama administration’s release, in Qatar, of five Taliban prisoners in Guantánamo for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, with particular reference to defense secretary Chuck Hagel’s appearance at a whistle Congressional hearing last week, in which he nevertheless defended the administration’s position.

Please like the article, share it, and tweet it if you find it useful.

As I explain, “lawmakers, with support from large parts of the media, have been waging a sustained attack on the Obama administration … accusing both the president and defence secretary Chuck Hagel of recklessness, incompetence and breaking the law in relation to the exchange.” Read the rest of this entry »

Sulaiman Abu Ghaith’s Unexpected Testimony in New York Terrorism Trial

On Wednesday, Sulaiman Abu Ghaith (also identified as Sulaiman Abu Ghayth), the Kuwaiti cleric who is on trial in New York accused of terrorism, surprised the court by taking to the witness stand to defend himself.

Abu Ghaith, 48, who was held for over ten years under a form of house arrest in Iran before being freed in Turkey, and, via Jordan, ending up in US custody last year, appeared in broadcasts from Afghanistan immediately after the 9/11 attacks as a spokesman for Al-Qaeda.

He is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists — charges that include the claim that he had knowledge of Al-Qaeda’s operations, including plots involving shoe bombs (for which a British man, Richard Reid, was arrested, tried and convicted in 2002). As the New York Times described it, the government “said in court papers that as part of his role in the conspiracy and the support he provided to Al Qaeda, Mr. Abu Ghaith spoke on behalf of the terrorist group, ‘embraced its war against America,’ and sought to recruit others to join in that conspiracy.” Read the rest of this entry »

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

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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 »

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Andy Worthington

Campaigning investigative journalist and commentator, author, filmmaker, photographer, singer-songwriter and Guantánamo expert
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