First “War on Terror” Torture Victim Abu Zubaydah Denied Release from Guantánamo

Abu Zubaydah at Guantanamo, in a photo included in the classified military files released by WikiLeaks in 2011. The eye patch covers his lost eye, removed in US custody.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

On October 27, it was announced that Abu Zubaydah, the supposed “high-value detainee” for whom the US’s post-9/11 torture program was initiated, had his ongoing imprisonment recommended by a Periodic Review Board, a parole-type process involving 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. Zubaydah’s review took place on August 23 (as I reported here), and the decision was taken on September 22, but, for some reason, it was not made public for five weeks.

The PRBs began in November 2013, and have reviewed the cases of 64 men, who were previously recommended for ongoing imprisonment without charge or trial, on the basis that they were allegedly “too dangerous to release” (41 of the 64) or for men initially recommended for trials, until the legitimacy of the military commission trial system was seriously shaken by a court ruling on October 2012, and by subsequent rulings (the remaining 23). To date, 62 decisions have been taken, with 34 men being approved for release, while 28 others have had their ongoing imprisonment without charge or trial upheld. For further information, see my definitive Periodic Review Board list on the Close Guantánamo website.

In their Final Determination approving Abu Zubaydah’s ongoing imprisonment, the board members, having determined, by consensus, that “continued law of war detention of the detainee remains necessary to protect against a continuing significant threat to the security of the United States,” described how they had “considered [his] past involvement in terrorist activities to include probably serving as one of Usama Bin Ladin’s [sic] most trusted facilitators and his admitted abilities as a long-term facilitator and fundraiser for extremist causes, regardless of his claim that he was not a formal member of al-Qa’ida.” Read the rest of this entry »

Two More Guantánamo Prisoners, Including Hambali, Recommended for Ongoing Imprisonment by Review Boards

Guleed Hassan Ahmed aka Gouled Hassan Dourad, a Somali prisoner in Guantanamo, held in CIA "black sites" from 2004 until his arrival at Guantanamo in September 2006. This photo is from the classified military files released by WikiLeaks in 2011.

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The Periodic Review Boards at Guantánamo, which have been reviewing the cases of all the men still held who are not approved for release or facing trials (currently, exactly half of the 60 men still held), have recently made public their decisions in two of the five remaining cases for which decisions had not already been taken. The review boards, which began in November 2013, 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,  and are similar to parole boards, assessing whether prisoners show contrition for their alleged crimes, whether they can demonstrate that they do not hold any ill-will towards the US, and whether they can establish a credible scenario for a peaceful life after Guantánamo.

The decisions — to approve the ongoing imprisonment of two men, Guleed Hassan Ahmed and Hambali — mean that, of the 64 cases considered, 34 have ended with recommendations for release (and 21 of those men have been freed), while 27 have led to recommendations that the men in question should continue to be imprisoned without charge or trial — but with regular reviews of their cases continuing to take place, for which the men and their lawyers can continue to provide information that they think will help to secure a recommendation for the release. For further information, see my definitive Periodic Review Board list on the Close Guantánamo website.

This is a success rate for the prisoners of 56%, although there is, it should be noted, a distinct difference in the results of the PRBs based on the two types of prisoners put forward for the reviews. Read the rest of this entry »

The Messed-Up Trial of the Century: Lawdragon’s Exhaustive Report on the 9/11 Pre-Trial Hearings at Guantánamo

The co-defendants in the painfully slow-moving and contentious 9/11 trial at Guantanamo. From top to bottom: Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abd al-Aziz Ali (aka Ammar al-Baluchi) and Walid bin Attash.The military commissions at Guantánamo, as I have been reporting for ten years, are a shamefully deficient excuse for justice, a system dreamt up in the heat of America’s post-9/11 sorrow, when hysteria and vengeance trumped common sense and a respect for the law, and it was decided, by senior Bush administration officials and their lawyers, that prisoners seized in the “war on terror” and subjected to torture should be tried in a system that allowed the use of information derived through the use of torture, and swiftly found guilty and executed.

Military prosecutors, however, soon turned against the system and pointedly resigned, and in 2006 the Supreme Court ruled the whole system illegal. Nevertheless, the Bush administration, with the enthusiastic support of Congress, revived the commissions in the fall of 2006, followed by further resignations (see here and here), and a third version of the commissions ill-advisedly emerged under President Obama in his first year in office (see here and here). The commissions have been tweaked to be less unjust, but they are still a Frankenstein’s Monster facsimile of a working trial system, full of so many holes that it is difficult for them to function at all, and at their heart is the specter of torture, which the government endlessly tries to hide, while the prisoners’ defence teams, of course, try constantly to expose it, as no fair trial can take place without it being discussed.

In recent years, my coverage of the commissions has been less thorough than it was between 2007 and the summer of 2014, largely because it seemed to me that the commissions were so broken and were going round and round in circles so pointlessly that it was no longer even worth trying to follow what was — or, more often, what wasn’t — happening. In one way, this was a fair reflection of the futility of the commissions’ efforts to secure anything resembling justice, but the more fundamental reality was that, however broken the proceedings may have been, pre-trial hearings were still taking place, however little they were being reported, which, one day, would constitute a damning indictment of America’s post-9/11 flight from justice and the law, and its embrace of torture and indefinite imprisonment without charge or trial. As a result, the commissions really ought not to be allowed to drop off the radar. Read the rest of this entry »

How Guantánamo’s Periodic Review Boards Exposed Woefully Distorted Intelligence Assessments

12 of the Guantanamo prisoners put forward for Periodic Review Boards. Top row from left: Mohammed Ghanem (Yemen, approved for release), Haji Hamidullah (Afghanistan, freed), Abdul Rahman Shalabi (Saudi Arabia, freed), Ayyub Ali Salih (Yemen, freed). Middle Row​: Yassin Qasim (Yemen, approved for ongoing imprisonment), Abdu Ali al-Hajj Sharqawi (Yemen, approved for ongoing imprisonment), Mohamedou Ould Slahi (Mauritania, freed), Mansoor al-Zahari aka al-Dayfi (Yemen, freed). Bottom, from left, Ravil Mingazov (Russia, approved for release), Abu Zubaydah (Palestine, not decided yet), Salman Rabei’i (Yemen, approved for ongoing imprisonment), Abdul Latif Nasir (Morocco, approved 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.

Over the last three years, I’ve been monitoring the Periodic Review Boards, the most recent review process at the prison, set up to give some semblance of justice to the cases of men held year after year without charge or trial, and subjected to varying forms of abuse and, in some cases, torture. See our definitive Periodic Review Board list here.

The first two review processes — the Combatant Status Review Tribunals and the Administrative Review Boards — took place under President Bush. Consisting of panels of three military officers, they were essentially designed to rubber-stamp the men’s designation, on capture, as “enemy combatants” who could be held indefinitely without charge or trial. The prisoners were allowed to be present for the unclassified section of the hearings, but were not allowed to hear classified material, and often had no idea where the allegations against them had arisen.

The third review process, which did not involve any interaction with the prisoners themselves, took place in 2009, under President Obama. The Guantánamo Review Task Force was a high-level, inter-agency process in which the cases of the 240 men who were held when President Obama took office were examined, and decisions taken about whether to release them, to put them on trial, or to continue holding them without charge or trial. In its final report, in January 2010, the task force approved 156 men for release and 36 for prosecution, and designated 48 others for ongoing imprisonment without charge or trial, on the basis that they were allegedly “too dangerous to release,” even while acknowledging that insufficient evidence existed to put them on trial. Read the rest of this entry »

Afghan Money Exchanger Approved for Release from Guantánamo; Former Child Prisoner and Pakistani Have Ongoing Imprisonment Upheld

Afghan prisoner Haji Wali Mohammed, in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.

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From November 2013 until last month, reviews — Periodic Review Boards — took place for 64 Guantánamo prisoners who had been assessed as “too dangerous to release” or eligible for prosecution by the previous review process, conducted by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009.

The PRBs — consisting 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 — have so far delivered 57 decisions, approving 34 men for release, while upholding the ongoing imprisonment of 25 others. Five decisions have yet to be taken in the process, which is similar to parole, although with one obvious difference— none of the men at Guantánamo have been tried or convicted. Like parole, however, the PRBs require them to show remorse, and to demonstrate that they would establish peaceful and constructive lives if released.

The success rate in the PRBs to date — 58% — confirms that the decisions in 2009 demonstrated unnecessary caution on the part of the officials who made up the Guantánamo Review Task Force. For further details, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website that I established in January 2012 with the US attorney Tom Wilner. Read the rest of this entry »

Mohamedou Ould Slahi Released from Guantánamo, Thanks Those Who Stood By Him

Mohamedou Ould Slahi and the cover of "Guantanamo Diary"

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Today, the population of the prison at Guantánamo Bay stands at just 60 men, after Mohamedou Ould Slahi, torture victim and best-selling author, was released, and sent back home to Mauritania.

It is just under 15 years since the Mauritanian authorities seized Slahi, at the request of the US. As he later put it, in the English he learned with a particular relish during his captivity, “my country turned me over, short-cutting all kinds of due process, like a candy bar to the United States.”

A Zelig-like figure, who had been around al-Qaeda, but only involved in it in the early 1990s, when he fought with al-Qaida against the Soviet-installed government of Afghanistan, Slahi (who later renounced al-Qaeda) was related to al-Qaeda’s spiritual advisor, Abu Hafs (a man who, it should be noted, did not approve of the 9/11 attacks), and, while living in Germany, had met some of the 9/11 hijackers. At the time, they had wanted to go to Chechnya to fight, but he advised them that it was better to go to Afghanistan to undertake training instead. Read the rest of this entry »

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.

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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 »

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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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