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.
The problem with Guantánamo has never been what right-wingers delude themselves into thinking it is — that it’s a perfect acceptable, secure facility for holding terrorists whose existence is undermined by liberals constantly trying to close it down, endangering America’s national security.
Instead, the problem is Guantánamo itself, a place of arbitrary detention, where very few of the 779 people held there by the military over the last 15 years have genuinely been accused of any involvement with terrorism, but where, because of the Bush administration’s contempt for internationally recognized laws and treaties regarding imprisonment, the majority of the men held — overwhelmingly, foot soldiers for the Taliban, and civilians, many sold for bounties — have been deprived of any rights whatsoever, and can only be freed at the whim of the executive branch.
For a brief period from 2008 to 2010, those held could appeal to the US courts, where judges were able to review their habeas corpus petitions, and, in a few dozen cases, order their release, but this loophole was soon shut down by politically motivated judges in the court of appeals in Washington, D.C., and the Supreme Court has persistently refused to revisit the positive rulings it made regarding the prisoners’ habeas corpus rights in 2004 and 2008, hurling the men back into a disgraceful legal limbo in which their only hope for release lies, yet, again, with the presidential whim. Read the rest of this entry »
In the last three weeks, six Periodic Review Boards have taken place at Guantánamo, in which prisoners recommended for ongoing imprisonment by a high-level task force six years ago are being given a parole-like opportunity to plead for their release. I’ll be writing about those reviews soon, but before I do so I’d like to sum up four other decisions taken over this same period — one decision to approve a prisoner for release, and three others upholding prisoners’ ongoing detention. 62 reviews have now taken place, since the PRBs began in November 2013, and out of those reviews 33 men have been recommended for release, 19 have had their ongoing imprisonment upheld, and ten decisions have yet to be taken. Two final reviews are taking place in the next two weeks.
The man whose release was approved is Sufyian Barhoumi (ISN 694), an Algerian, born in July 1973, whose PRB took place on May 26. Seized in a house with the “high-value detainee’ Abu Zubaydah, whose review also took place recently, Barhoumi was alleged by the US authorities to have been a bomb-maker, and had been put forward for a trial by military commission under President Bush, although the charges were later dropped.
For his PRB, however, his attorney, Shayana Kadidal of the Center for Constitutional Rights painted a compelling portrait of a ”natural diplomat,” popular with both his fellow prisoners and the guard force. As Kadidal put it, “I personally have never seen any other detainee treated by the guards as well as Barhoumi, even at times when relations between prisoners and the authorities were at a low point.” He added, “If the language barrier is one of the greatest causes of misunderstandings and conflict at GTMO, he’s used his language skills to help both prisoners and guards quash problems before they grew too big to tame. It has not gone unappreciated by either group.” 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 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 »
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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