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 »
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 »
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 »
Last week, a Libyan prisoner at Guantánamo, Ismail Ali Faraj al-Bakush (aka Ismael al-Bakush), who is 48 years old, became the 53rd prisoner to face a Periodic Review Board. The PRBs were set up in 2003 to review the cases of prisoners who had not already been approved for release, or were not facing trials, and to date 29 men have been approved for release, while 13 have had their ongoing imprisonment upheld.
This is a 69% success rate for the prisoners, which is remarkable — and remarkably damaging for the credibility of the Obama administration — because the majority of these men were described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office in January 2009, as “too dangerous to release,” when the reality has not borne out that caution. Others were recommended for prosecution, until the basis for prosecutions in Guantánamo’s military commission trial system largely collapsed after a series of devastating appeals court rulings, confirming that the war crimes being tried were illegitimate, having been invented by Congress.
Ismail al-Bakush is one of 41 men eligible for the PRBs who was initially regarded as “too dangerous to release,” even though the task force acknowledged that insufficient evidence existed against any of these men to put them on trial. 23 others were initially recommended for prosecution, and just eleven men are still awaiting reviews, while 12 others (including al-Bakush) are awaiting the results of their reviews. See my definitive Periodic Review Board list on the Close Guantánamo website for further information. Read the rest of this entry »
On July 7, a Periodic Review Board took place for Abdul Rahim Ghulam Rabbani (also identified for the PRB as Abdul Rabbani Abu Rahmah), a Pakistani prisoner at Guantánamo (born in Saudi Arabia) who was seized in Karachi, Pakistan on September 9, 2002 and held and tortured in CIA “black sites” for two years, before arriving at Guantánamo with nine other allegedly “medium-value detainees” in September 2004. He was seized with his younger brother, Ahmad (aka Mohammed), who is awaiting a date for his PRB, and who, last year, sought assistance from the Pakistani government in a submission to the Pakistani courts.
The PRBs were set up in 2013 to review the cases of all the men not already approved for release or facing trials. These men were described by the government task force that reviewed their cases in 2009 as “too dangerous to release,” despite a lack of evidence against them, or were recommended for prosecution, until the basis for prosecution largely collapsed. The PRBs have been functioning like parole boards, with the men in question — 64 in total — having to establish, to the satisfaction of the board members, made up 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, that they show remorse for their previous actions, that they bear no ill-will towards the US, that they have no associations with anyone regarded as being involved in terrorism, and that they have plans in place for their life after Guantánamo, preferably with the support of family members.
Around the time of Abdul Rahim Ghulam Rabbani’s PRB, which is discussed at length below, four decisions were also taken relating to prisoners whose reviews had already taken place, when three men were approved for release, and one had his request to be released turned down. These decisions meant that, of the 52 prisoners whose cases had been reviewed, 27 have been approved for release, 13 have had their ongoing imprisonment recommended, and 12 decisions have yet to be made. 11 more reviews have yet to take place (and one took place last week, which I’ll be writing about soon). See here for my definitive Periodic Review Board list on the website of the Close Guantánamo campaign that I co-founded with the US attorney Tom Wilner, and that I have been running since 2012. Read the rest of this entry »
Last week, two more Periodic Review Boards took place at Guantánamo, bringing to 51 the number of prisoners whose ongoing imprisonment has been reviewed by the US government since the PRBs were set up in 2013 (the 52nd took place today, and I’ll be writing about that soon). To date, 24 of those men have been recommended for release, 12 have had their ongoing imprisonment recommended, and 16 others are awaiting decisions. 12 other men are still awaiting reviews. For further information, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website.
Last week’s reviews were for the last two of six men seized in Karachi, Pakistan on the first anniversary of the 9/11 attacks — the same day as alleged 9/11 conspirator Ramzi bin al-Shibh. They were then sent to be tortured in a “black site” in Afghanistan, and were subsequently identified by the US authorities as members of an Al-Qaeda cell in Karachi. In the first of the PRBs for the six, in February, for Ayoub Ali Saleh, it was revealed that the authorities have since walked back from their claims, conceding that “it is more likely the six Yemenis were among a large pool of Yemeni fighters that senior al-Qa’ida planners considered potentially available to support future operations.”
Saleh was recommended for release in March, and a second man, Bashir al-Marwalah, was approved for release in May, after a review in April. Decisions have not yet been taken in the cases of the other two — Said Salih Said Nashir, reviewed in April, and Shawqi Awad Balzuhair, reviewed in May, but it is reasonable to expect that, unless the men in question are unwilling or unable to demonstrate contrition, and a desire to resume peaceful lives, they will all be recommended for release. Read the rest of this entry »
Last week, two more Periodic Review Boards took place — the 48th and 49th — for the last Russian prisoner held at Guantánamo, Ravil Mingazov, and for Ghassan al-Sharbi, a Saudi. Both men were seized in Faisalabad on March 28, 2002, on the day that Abu Zubaydah, regarded as a “high-value detainee,” was seized. The CIA’s post-9/11 torture program was initially developed for Zubaydah, who was regarded as a senior figure in Al-Qaeda, even though it has since become apparent that he was not a member of Al-Qaeda, and had no prior knowledge of the 9/11 attacks.
Nevertheless, Abu Zubaydah remains hidden in Guantánamo, still not charged with a crime, and those seized on the same night as him — either in the same house, or in another house that the US government has worked hard to associate with him — have faced an uphill struggle trying to convince the authorities that they are not of any particular significance, and that it is safe for them to be released.
In May, three men seized in the house with Abu Zubaydah, Jabran Al Qahtani (ISN 696), a Saudi, Saeed Bakhouche aka Abdelrazak Ali (ISN 685), an Algerian, and Sufyian Barhoumi (ISN 694), another Algerian, all had reviews, although no decisions have yet been taken about whether or not they should be released. Ghassan al-Sharbi (ISN 682) is another of the men seized with Zubaydah, and his review took place last Thursday (June 23), although he did not attend this hearing, or cooperate with the military personnel assigned to help him prepare for it, so it is certain that he will not be approved for release. Read the rest of this entry »
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 »
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. Also, please listen to me talking about Mohamedou Ould Slahi’s case on Sputnik International, and please sign the petitions to Ashton Carter calling for his release — on Change.org and via the ACLU.
Last Thursday, one of the few well-known prisoners at Guantánamo, Mohamedou Ould Slahi, a 45-year old Mauritanian, became the 43rd prisoner to face a Periodic Review Board. Slahi 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.
Although the Bush administration attempted to make a case that Slahi was a member of Al-Qaeda, which was why they put pressure on the Mauritanian government to hand him over to them in November 2001, and why he was subsequently tortured in Jordan (on behalf of the US) and in Guantánamo by US operatives, the case evaporated under scrutiny. In April 2010, Judge James Robertson, a US District Court judge, after scrutinizing his habeas corpus petition, ordered his release, finding that the government had failed to establish that what looked suspicious in his case — primarily, the fact that he was related to senior Al-Qaeda member Abu Hafs, and, while living in Germany, had met some of the 9/11 hijackers and had helped them to visit Afghanistan for military training — was actually evidence of involvement with Al-Qaeda. Slahi has admitted that he had joined Al-Qaeda, but that was in 1992, when he had visited Afghanistan during the civil war that followed the Soviet withdrawal, and he insisted that he had not maintained any contact with the organization after that time.
The government, however, refused to accept Judge Robertson’s ruling, and appealed, and in November 2010 the D.C. Circuit Court vacated that ruling, sending it back to the lower court to be reconsidered, where, as I described it in an article about Slahi’s case in April, “it has languished ever since, mocking all notions of justice every day it has remained unaddressed.” Read the rest of this entry »
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 »
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
Please support Andy Worthington, independent journalist: