Guantánamo Hunger Striker Ahmed Rabbani, Left to Die by Trump, Calls for “Basic Justice – a Fair Trial or Freedom”

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at Reprieve, and taken before his weight dropped to under 100 pounds as a hunger striker.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

It’s now nine days since the international human rights organization Reprieve issued a shocking press release, explaining that two clients at Guantánamo, the Pakistani Ahmed Rabbani, and Khalid Qassim (aka Qasim), a Yemeni, both hunger striking to protest about the injustice of their seemingly endless imprisonment without charge or trial, had told them that, since September 20, following new instructions from Donald Trump, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”

I immediately wrote an article about the news, and was, frankly, astonished that it took another four days for the mainstream media to respond — and when that happened, it was just the New York Times paying attention, and, to my mind, giving too much credibility to the authorities, via a spokesman who claimed that the military’s “11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect.” Given the lies we have heard from the military at Guantánamo over the years, I asked, in an analysis of the New York Times article, why we should trust them.

Expanding on the story further, Reprieve, on Thursday, secured coverage in Newsweek — a description of the current situation, made in a phone call to Clive Stafford Smith, the founder of Reprieve, by Ahmed Rabbani, who has been at Guantánamo, without charge or trial, for just over 12 years, and who, before that, was held and tortured for 545 days in CIA “black sites” including the disgusting “black site” in Afghanistan, codenamed COBALT, which was known to the prisoners as the “dark prison.” Read the rest of this entry »

What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

Case of Al-Qaeda Suspect Captured in Yemen Seen As Test of Trump’s Plan to Send New Prisoners to Guantánamo

"Not one step back: Close Guantanamo" - campaigners outside the White House during the Obama presidency, with a message that may be even more significant under Donald Trump.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

For the New York Times on Monday, in ‘Case of Captive in Yemen Could Test Trump’s Guantánamo Pledge,’ Adam Goldman, Matt Apuzzo and Eric Schmitt wrote about the case of Abu Khaybar, an al-Qaeda suspect, around 40 years of age, who was seized in Yemen last fall, and “is being held there by another country, according to four current and former senior administration officials.” The authors added that “[t]he circumstances of his detention are not clear, but he is wanted on terrorism charges in New York.”

However, Abu Khaybar may also be wanted by Donald Trump, to send to Guantánamo, to follow up on his pledge to send new prisoners to the prison. As the authors note, his “suspected affiliation with Al Qaeda gives the United States clear authority to hold him” at Guantánamo, where the detention of prisoners is approved by the Authorization for Use of Military Force, passed in the days after the 9/11 attacks, which authorizes the president to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”

As the Times noted, the new Attorney General, Jeff Sessions, “has repeatedly said that terrorists should not be prosecuted in civilian courts,” a worrying stance given that the military commissions at Guantánamo have been a colossal failure, while federal courts have proven more than capable of successfully prosecuting terrorists, something they have done throughout the last 15 years, even when the Bush administration was most aggressively touting Guantánamo as a new paradigm of detention. Read the rest of this entry »

Donald Trump Reportedly Close to Finalizing Executive Order Approving Imprisonment of Islamic State Prisoners at Guantánamo

A collage of Donald Trump and Guantanamo prisoners on the first day of the prison's operations, January 11, 2002.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

In shocking news from the Trump administration regarding Guantánamo, the New York Times has obtained a new draft executive order, “Protecting America Through Lawful Detention of Terrorist and Other Designated Enemy Elements,” directing the Pentagon to bring Islamic State prisoners to Guantánamo.

Two weeks ago, the Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants” (which I wrote about here), calling for two executive orders issued by President Obama when he first took office in January 2009 to be revoked — one banning the CIA’s use of “black sites” and torture techniques, and the other ordering the closure of the prison at Guantánamo Bay. The draft order also called for new prisoners to be sent to Guantánamo, and for “any existing transfer efforts” to be suspended “pending a new review.”

After a huge outcry regarding the torture proposals, these were dropped from a revised order that Charlie Savage was told about, which he discussed in an article on February 4 — and which I mentioned yesterday in an article for the Close Guantánamo campaign looking primarily at opposition to the draft executive order from senior Democrats and rights groups.

Now, however, with the leaking of the new draft executive order, it has become clear that, although Trump has given up on his torture plans, he is close to telling defence secretary James Mattis to bring Islamic State prisoners to Guantánamo, “despite warnings from national security officials and legal scholars that doing so risks undermining the effort to combat the group,” as Charlie Savage described it. Read the rest of this entry »

Donald Trump Proposes to Keep Guantánamo Open, to Prevent Further Releases, and to Reintroduce Torture and “Black Sites”

A collage of images of Donald Trump and Guantanamo on its first day back in January 2002.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

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.

On Wednesday our worst fears on Guantánamo and torture were confirmed, when the New York Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants,” indicating that Donald Trump wants to keep Guantánamo open, wants to send new prisoners there, and wants to “suspend any existing transfer efforts pending a new review as to whether any such transfers are in the national security interests of the United States.” Trump also, it seems, wants to reinstate torture and the use of CIA “black sites.”

Specifically, the draft executive order proposes revoking the two executive orders, 13492 and 13491, that President Obama issued on his second day in office in January 2009 — the first ordering the closure of Guantánamo, and the second to close CIA “black sites,” to grant the International Committee of the Red Cross access to all prisoners, and to ensure that interrogators only use techniques approved in the Army Field Manual.

The draft executive order also proposes to “resurrect a 2007 executive order issued by President Bush,” as the New York Times put it, which “responded to a 2006 Supreme Court ruling about the Geneva Conventions that had put CIA interrogators at risk of prosecution for war crimes, leading to a temporary halt of the agency’s ‘enhanced’ interrogations program.” Read the rest of this entry »

In Final Counter-Terrorism Speech, Obama Targets Trump But Fails to Acknowledge His Own Mistakes on Guantánamo and War

President Obama and a quote about Guantanamo from a speech he made on January 5, 2010.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.

On Tuesday, at MacDill Air Force Base in Tampa, Florida, the home of US Special Operations Command and Central Command, President Obama made what is expected to be his final speech on counter-terrorism before he leaves office in just six weeks’ time.

As Jessica Schulberg noted for the Huffington Post, in his speech he “defended his legacy ― both from hawks who have accused him of withdrawing from the Middle East, and from liberals who have criticized his reliance on expansive surveillance and drones to fight wars,” and “sought to convince the country that he had struck the correct balance.”

Spying and drones

However, as Spencer Ackerman noted for the Guardian, this was “a highly selective account of his record, particularly about the mass surveillance architecture he embraced and the drone strikes that will be synonymous with his name.” Read the rest of this entry »

President Obama Has 100 Days Left to Close Guantánamo: Send Us Your Photos

This is Ibrahim, supporting the Countdown to Close Guantanamo at a recent event in Tooting, south east London (Photo: Andy Worthington).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.

Next Tuesday, October 11, President Obama will have just 100 days left to close the prison at Guantánamo Bay, as he promised to do when he first took office in January 2009. Today, as shown on the Gitmo Clock, which we launched earlier this year, he has 105 days left.

To encourage him to fulfill his promise, we at “Close Guantánamo” have spent all year running the Countdown to Close Guantánamo, which our co-founder Andy Worthington launched in January on Democracy Now! with the music legend Roger Waters.

We began with a poster that read, “President Obama, you have one year left to close Guantánamo,” and then repeated it at 50-day intervals — 350 days on February 4, 300 days on March 25, 250 days on May 14, 200 days on July 3, 150 days on Aug. 22. See the photos here and here, here too and also here. Read the rest of this entry »

Playing Politics with the Closure of Guantánamo

A campaigner reminds President Obama of his promise to close Guantanamo on January 11, 2013, the 11th anniversary of the opening of the prison (Photo: Andy Worthington).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.

Supporters of the “Close Guantánamo” campaign have long been aware that the very existence of the “war on terror” prison at the US naval base in Guantánamo Bay, Cuba is an affront to all notions that the United States respects justice and the rule of law, and we remember that as the closure of the prison becomes, yet again, an undignified game of political football, with Congress continuing to erect obstacles to the release of prisoners and the transfer of anyone to the US mainland for any reason, and the Obama administration trying to come up with a workable plan for the prison’s closure.

Although Congress, the week after the 9/11 attacks, passed a law — the Authorization for Use of Military Force — that purports to justify the detention of prisoners without charge or trial at Guantánamo, and the Supreme Court ruled in June 2004 that the government can hold them until the end of hostilities, this thin legal veneer has persistently failed to disguise the fact that everything about Guantánamo is wrong.

The Bush administration established the prison to be beyond the reach of the US courts, and for nearly two and a half years the men — and boys — held there had no rights whatsoever. In a second decision delivered in June 2004, the Supreme Court ruled that they had habeas corpus rights, a decision that allowed lawyers into the prison, breaking the veil of secrecy that had shrouded the prison for all that time, enabling torture and other forms of abuse to take place. Even so, it was not until June 2006 that the Supreme Court, in another ruling, reminded the administration that no one can be held without rights, and that Common Article 3 of the Geneva Conventions, which prohibits torture and “humiliating and degrading treatment,” applied to everyone in US custody. Read the rest of this entry »

War Is Over, Set Us Free, Say Guantánamo Prisoners; Judge Says No

Guantanamo prisoner Mukhtar al-Warafi, in a photo from the classified military files released by WikiLeaks in 2011.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.

Back in March, as I explained in an article at the time, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration, in which they sought their release, on the basis that, as the lawyers put it, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.”

In my article, I also mentioned a federal court filing submitted on behalf of a Yemeni prisoner, Mukhtar al-Warafi, at the end of February calling for his release for similar reasons. I stated, “One of al-Warafi’s lawyers is Brian Foster, who, with colleagues at the law firm Covington & Burling, represents prisoners accused of being involved with the Taliban as well as others accused of having some involvement with al-Qaeda. Foster said they ‘chose al-Warafi’s case as a first test because he was only ever named as a member of the Taliban, offering a clearer argument for why he should be set free now,’ as opposed to men accused of having al-Qaeda connections.”

As I also discussed recently, al-Warafi was approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010, but had his habeas corpus petition subsequently challenged by the Justice Department, in an example of a lack of joined-up thinking within the government. Al-Warafi’s habeas petition was subsequently turned down by a judge in March 2010. Read the rest of this entry »

Prisoners in Guantánamo Ask to be Freed Because of the End of the War in Afghanistan

Guantanamo prisoner Obaidullah before his capture, in a photo provided to his lawyers by his family in Afghanistan.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 March 30, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration asking for their clients to be released.

The five men in question are: Haji Hamdullah (aka Haji Hamidullah), ISN 1119; Mohammed Kamin, ISN 1045; Bostan Karim, ISN 975; Obaidullah, ISN 762; and Abdul Zahir, ISN 753.

The lawyers wrote, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.” 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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