Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,’ have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law

A sign for the military commissions at Guantanamo. Behind is the first courtroom used for the commissions, which is no longer in use, but photos of the current courtroom are not allowed. (Photo: Cora Currier/ProPublica).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.

Here at “Close Guantánamo,” as we continue to monitor the situation at Guantánamo in the dying days of the Obama presidency, we remain concerned for all the categories of men held. Of the last 61 men in the prison the statistics are as follows:

  • 20 men have been approved for release.
  • 23 have had their ongoing imprisonment approved by Periodic Review Boards.
  • Eight are awaiting decisions by Periodic Review Boards.
  • Ten are facing — or have faced — trials.

Of the men approved for release, seven have been languishing at Guantánamo since the high-level, inter-agency Guantánamo Review Task Force made decisions about what should happen to the prisoners in 2009, while the other 13 have been approved for release in the last two and a half years by the latest review process, the Periodic Review Boards (for further information, see our definitive Periodic Review Board list). All of these men should be released as soon as possible. Read the rest of this entry »

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.

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.

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 »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

Torture Victim Abu Zubaydah, Seen For the First Time in 14 Years, Seeks Release from Guantánamo

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files released by WikiLeaks in 2011.On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

Guantánamo “High-Value Detainee” Abu Faraj Al-Libi Seeks Release Via Periodic Review Board

Abu Faraj al-Libi, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.On August 16, Mustafa Faraj Muhammad Muhammad Mas’ud al-Jadid al-Uzaybi (ISN 10017), a Libyan prisoner in Guantánamo who is better known as Abu Faraj al-Libi, became the 59th prisoner to have his case reviewed by a Periodic Review Board.

The PRBs — which include 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 set up in 2013 to review the cases of all the prisoners who had not already been approved for release or were facing trials as a result of the recommendations made in reviews conducted in 2009 by another high-level government review process, the Guantánamo Review Task Force.

41 of the men judged to be eligible for PRBs were described by the task force as “too dangerous to release,” although the task force conceded that insufficient evidence existed to put them on trial, meaning that it was not evidence at all, but — and on this the task force was silent — generally untrustworthy information extracted from prisoners subjected to torture or other forms of abuse, or from prisoners bribed with the promise of better living conditions. Read the rest of this entry »

Two Malaysian “High-Value Detainees” Seek Release from Guantánamo Via Periodic Review Boards

Mohd Farik bin Amin (aka Zubair) and Mohammed Bashir bin Lap (aka Lillie), two Malaysian prisoners at Guantanamo, who are also “high-value detainees,” held in CIA “black sites” for three years prior to their arrival at Guantanamo in September 2006. Nearly ten years later, both men had their cases considered by Periodic Review Boards.In the last three weeks, six Periodic Review Boards have taken place at Guantánamo, and I’ll be writing about them in a number of articles this week and next, beginning with two reviews that took place, on August 9 and 11, for two Malaysian “high-value detainees,” Mohd Farik bin Amin aka Zubair (ISN 10021), seized in Bangkok, Thailand in June 2003, and Mohammed Bashir bin Lap aka Lillie (ISN 10022). Bin Amin was seized in Bangkok in June 2003, followed in August 2003 by bin Lap and Hambali, another “high-value detainee” whose PRB took place on August 18 (which I’ll be writing about soon).

The PRBs, which include 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 set up in 2013 to review the cases of all the prisoners not already approved for release and not facing trials, and, since November 2013, have been reviewing the cases of 64 men, with, to date, recommendations that 33 should be released, while 19 should continue to be held. See my definitive Periodic Review Board list for details.

41 of these 64 men were recommended for ongoing imprisonment without charge or trial by a previous review process (2009’s Guantánamo Review Task Force), on the basis that they were allegedly “too dangerous to release,” although the authorities conceded that insufficient evidence existed to put them on trial, while the 23 others were recommended for trials, until the basis for prosecutions largely collapsed after judges in Washington, D.C. struck down some of the few convictions achieved in the much-criticized military commission trial system, on the basis that the war crimes in question had actually been invented by Congress and had no legitimacy. Read the rest of this entry »

Obama Releases 15 Prisoners from Guantánamo to UAE; Just 61 Men Now Left (Part 1 of 2)

Yemeni prisoner Mohsin Aboassy, one of 15 Guantanamo prisoners released last week, and given new homes in the United Arab Emirates, in a photo included in the classified military files released by WikiLeaks in 2011.There was good news from Guantánamo last week, as 15 men were released, to begin new lives in the United Arab Emirates. The release was the largest single release of prisoners under President Obama, and takes the total number of men held at Guantánamo down to 61, the lowest level it has been since the prison’s first few weeks of its operations, in January 2002.

12 of the 15 men released are Yemenis, while the remaining three are Afghans. All had to have third countries 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. The UAE previously accepted five Yemenis prisoners from Guantánamo last November.

Of the 15 men, six — all Yemenis — were approved for release back in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office for the first time. This article tells the stories of those six men, while another article to follow will tell the stories of the other nine. 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 »

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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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