Last Thursday, two days after Saeed Bakhouche, an Algerian, sought release from Guantánamo via a Periodic Review Board, a high-level, inter-agency US government review process, established in 2013, another Algerian, Sufyian Barhoumi, also went before a PRB to ask for his freedom, and was the 41st prisoner to do so. Of the 30 decisions already taken, 23 have resulted in recommendations for the prisoners’ release, while just seven have resulted in recommendations for the men’s continued detention — and even those are subject to further review. This is a success rate for the prisoners of 77%, thoroughly undermining the excessive caution and misplaced zeal for prosecution that, in 2010, led the previous high-level review process, the Guantánamo Review Task Force, to describe the men who were later made eligible for PRBs as “too dangerous to release” or as candidates for prosecution.
The former were largely groundless claims, in a prison full of statements obtained through torture and other forms of coercion, while the latter was based on a mistaken understanding of what constitutes war crimes, spelled out in a number of appeals court rulings in 2012 and 2013, which humiliated the government by dismissing some of the handful of convictions secured in the military commission trial system on the embarrassing basis that the war crimes for which the men in question has been convicted had actually been invented by Congress.
Barhoumi, whose prisoner number is 694, is 41 years old, and, as his lawyers at the Center for Constitutional Rights explain, he was “born and raised in Algiers, where his mother still lives and his late father practiced law.” CCR also explain that, as a young man, he “lived in various countries in Europe – Spain, France, and England – as a farm worker and then a street merchant for about four years,” before traveling to Afghanistan, and then Pakistan, where he ended up in US custody. Read the rest of this entry »
On Tuesday May 24, Saeed Bakhouche, a 45-year old Algerian who has been held in the US prison at Guantánamo Bay since June 2002, became the 40th prisoner to face a Periodic Review Board at Guantánamo.
Like many Guantánamo prisoners, Bakhouche has also been known by another name – in his case, Abdel Razak Ali, a name he gave when he was captured – but to the best of my knowledge he is the only prisoner whose classified military file, compiled in 2008 and released by WikiLeaks in 2011, has a photo that purports to be him, but is not him at all. No one seems to know who it is, but it is not Saeed Bakhouche.
Moreover, his attorney, Candace Gorman, told me that a different photo – again, not of her client – was displayed outside his cell for a year and a half, a mistake that had disturbing ramifications, because this was the same photo shown to other prisoners during interrogations, leading to a situation whereby information about someone else was added his file as though it related to him.
The fact that the US authorities have, historically, not known who Saeed Bakhouche is, does not, however, appear to have been conveyed to the members of his PRB, which involves 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. Set up in 2013, the boards are reviewing the cases of 41 men previously described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, as “too dangerous to release,” although that has turned out to have been outrageous hyperbole. Of the 40 men whose cases have so far been reviewed, eleven are awaiting decisions, just seven have had their ongoing imprisonment approved, while 22 have had their release recommended — and nine of those have, to date, been freed. Read the rest of this entry »
In the long struggle for justice at Guantánamo — a prison intended at its founding, 13 years ago, to be beyond the law — there have been few occasions when any outside body has been able to exert any meaningful pressure on the US regarding the imprisonment, mostly without charge or trial, of the men held there.
One exception is the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.
The IACHR has long taken an interest in Guantánamo (as this page on their website explains), and three years ago delivered a powerful ruling in the case of Djamel Ameziane, an Algerian who was still held despite being approved for release (a situation currently faced by 56 of the 122 men still held). Read the rest of this entry »
I’m delighted to report that Ahmed Belbacha, an Algerian prisoner, has been released from Guantánamo. It’s always good news when a prisoner is released, and in Ahmed Belbacha’s case it is particularly reassuring, as I — and many other people around the world — have been following his case closely for many years. I first wrote about him in 2006, for my book The Guantánamo Files, and my first article mentioning him was back in June 2007. I have written about his case, and called for his release, on many occasions since.
Ahmed was cleared for release from Guantánamo twice — by a military review board under the Bush administration in February 2007, and by President Obama’s high-level, inter-agency Guantánamo Review Task Force, appointed by the president shortly after taking office in 2009.
Nevertheless, he was terrified of returning home, and, from 2007 onwards, tried to prevent his forced repatriation in the US courts. This seems to have annoyed the authorities in Algeria, as, in 2009, he was tried and sentenced in absentia, receiving a 20-year sentence for membership of a foreign terrorist group abroad. As his lawyers at Reprieve noted, despite repeated requests, no evidence was produced to support the conviction. Read the rest of this entry »
In the latest news from Guantánamo, the court of appeals in Washington D.C. ruled yesterday that hunger-striking prisoners can challenge their force-feeding in a federal court — and, more generally, ruled that judges have “the power to oversee complaints” by prisoners “about the conditions of their confinement,” as the New York Times described it, further explaining that the judges ruled that “courts may oversee conditions at the prison as part of a habeas corpus lawsuit,” and adding that the ruling “was a defeat for the Obama administration and may open the door to new lawsuits by the remaining 155 Guantánamo inmates.”
In summer, four prisoners, all cleared for release since at least January 2010 — Shaker Aamer, the last British resident in the prison, Ahmed Belbacha, an Algerian, Abu Wa’el Dhiab, a Syrian and Nabil Hadjarab, another Algerian, who was later released — asked federal court judges to stop the government from force-feeding them, but the judges ruled (see here and here) that an existing precedent relating to Guantánamo prevented them from intervening. The prisoners then appealed, and reports at the time of the hearing in the D.C. Circuit Court indicated that the judges appeared to be inclined to look favorably on the prisoners’ complaints.
As was explained in a press release by Reprieve, the London-based legal action charity whose lawyers represent the men involved in the appeal, along with Jon B. Eisenberg in California, the D.C. Circuit Court “held that the detainees should be allowed a ‘meaningful opportunity’ back in District Court to show that the Guantánamo force-feeding was illegal.” They also “invited the detainees to challenge other aspects of the protocol.” Read the rest of this entry »
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.
Here at “Close Guantánamo,” we are disappointed to hear that Djamel Ameziane and Belkacem Bensayah, two Algerian prisoners at Guantánamo — amongst 84 men who have long been cleared for release — were repatriated last week. We are disappointed because both men did not wish to return home, as they fear ill-treatment by the government and threats from Islamist militants, and yet sustained efforts were not made to find new homes for them. We are also disappointed that other cleared prisoners, who do not fear repatriation, continue to be held.
Lawyers at the New York-based Center for Constitutional Rights, who represent Djamel Ameziane, have been fighting his enforced repatriation for years, taking his case to the Inter-American Commission on Human Rights (IACHR), which, last year, issued a damning verdict on the US government’s detention policies at Guantánamo. Ameziane’s lawyers also devoted a considerable amount of time to seeking a third country that would offer him a new home instead. However, as the New York Times noted in a powerful editorial criticizing the Obama administration for repatriating Ameziane and Bensayah: Read the rest of this entry »
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 Thursday, the Wall Street Journal ran a story by Jess Bravin looking at an important — and depressing — development at Guantánamo, concerning the Obama administration’s plans to repatriate two Algerian prisoners against their will.
As Jess Bravin described it, he had spoken to people familiar with the stories of the two men — Belkacem Bensayah and Djamel Ameziane — who had told him that both men “fear that Islamist extremists will try to recruit them and may attack or kill them when they discover [they] don’t share their commitment to violence.”
Robert Kirsch, one of the attorneys for Belkacem Bensayah, said that the US government has “ignored the protests” of his client and of Djamel Ameziane. He called the proposed repatriation “the most callous, political abuse of these men.”
Kirsch added that the repatriation was being speeded up so that the Obama administration “can show progress on its troubled campaign” to close Guantánamo, as Jess Bravin decribed it. Read the rest of this entry »
Today, at 11 am Eastern time (4 pm GMT), lawyers for three prisoners still held at Guantánamo Bay — including the last British resident, Shaker Aamer — will ask the appeals court in Washington D.C. to order the government to end the force-feeding of prisoners, denounced by the World Medical Association and the UN, in which, as the legal action charity Reprieve explained in a press release, “a detainee is shackled to a specially-made restraint chair and a tube is forced into his nostril, down his oesophagus, and through to his stomach.”
At the height of the prison-wide hunger strike at Guantánamo this year, 46 men were being force-fed. That total has now fallen to 15, but twice a day those 15 men are tied into restraint chairs, while liquid nutrient is pumped into their stomachs via a tube inserted through their nose.
As well as Shaker Aamer, the other petitioners in the appeal are Abu Wa’el Dhiab, a Syrian, and Ahmed Belbacha, an Algerian. All three were cleared for release by President Obama’s inter-agency Guantánamo Review Task Force in January 2010, and are represented by Reprieve and Jon B. Eisenberg. Read the rest of this entry »
Below is a powerful new animated film, six minutes in length, which tells the story of the hunger strike at Guantánamo that began in February, and involved the majority of the 164 prisoners still held over the six-month period that followed. At its height, 46 prisoners were being force-fed, and even though just 17 prisoners are still taking part in the hunger strike, 16 of them are being force-fed. Force-feeding is a brutal process, condemned by the medical profession, but it is difficult to understand what is happening at Guantánamo because no images are available of prisoners being force-fed.
To overcome the difficulty for people to empathize with people whose suffering is deliberately kept hidden, the new animated film, “Guantánamo Bay: The Hunger Strikes,” produced by Mustafa Khalili and Guy Grandjean of the Guardian, and the animation company Sherbet, features the testimony of four prisoners, all of whom have been cleared for release but are still held (a situation in which 84 of the remaining 164 prisoners find themselves). The film, which depicts life in the prison, including the horrible reality of force-feeding, is narrated by the actors David Morrisey and Peter Capaldi. See here for an account of the making of the film in today’s Observer, and see here for David Morrissey’s comments about it.
The men whose stories are featured are Shaker Aamer, the last British resident in the prison, Younus Chekhouri (aka Younous Chekkouri), a Moroccan who has strong ties to Germany, Samir Moqbel (aka Mukbel), a Yemeni whose op-ed in the New York Times in April drew attention to the hunger strike, and Ahmed Belbacha, an Algerian who lived in the UK before his capture. The film also includes testimony from Nabil Hadjarab, one of just two prisoners released since President Obama promised to resume releasing cleared prisoners in May, and all of the statements were provided by the men’s lawyers at Reprieve, the London-based legal action charity. Read the rest of this entry »
Three weeks ago, two Algerian prisoners were released from Guantánamo, who were the first prisoners to be released without a court order or a plea deal since September 2010, when Congress raised obstacles that President Obama refused to challenge or overcome until this year, when a prison-wide hunger strike, and widespread criticism of his inaction, both domestically and internationally, obliged him to promise, in a major speech on national security issues in May, that he would resume releasing prisoners.
This was the very least that he could do, given that, at the time, 86 of the remaining 166 prisoners had been cleared for release, since January 2010, by an inter-agency task force that the president had established when he took office in 2009, and many of these men had also been cleared for release years before, under the Bush administration. With the release of the Algerians, that number is down to 84, but this is clearly no occasion for satisfaction on the part of the Obama administration, and every day that these 84 men are still held further erodes President Obama’s credibility.
As for the Algerians, all that has been heard about the two men since their repatriation is that, back in Algeria, they were placed “under ‘judicial control,’ a type of supervised parole,” after being “detained pending interrogation by a prosecutor.” Joseph Breham, the French lawyer for one of the men, Nabil Hadjarab, who was featured in a New York Times op-ed by John Grisham just before his release, told the Associated Press that he was “working on getting him resettled in France, where his whole family lives.” Breham said, “We are overjoyed he has been cleared (for parole) and now we are going to work to return him to France.” He added that Hadjarab “would have to check in with [the] authorities every month.” 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.
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