Donald Trump’s Racism and Dangerous Lawlessness Revealed in Response to New York Attack; Proposal to Send Sayfullo Saipov to Guantánamo is Shameful

Don't say you weren't warned: the New York Daily News' front page on the day Trump announced his intention to run as a presidential candidate - in June 2015.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.

 

What a nasty racist clown Donald Trump is.

In response to the arrest of Sayfullo Saipov, a permanent US resident of Uzbek origin who is charged with killing eight people in an attack in New York, the Washington Post reported the following:

President Trump said Wednesday that he is considering sending the Uzbek immigrant accused of killing eight people in Tuesday’s terrorist attack in New York to the U.S. military prison at Guantánamo Bay, Cuba, and that the United States must be “much tougher” with its treatment of terror suspects.

Trump also called on Congress to immediately dismantle the State Department’s Diversity Visa Lottery program, through which authorities have said the suspected attacker, Sayfullo Saipov, came to the United States from Uzbekistan.

Read the rest of this entry »

New York Times Finally Reports on Trump’s Policy of Letting Guantánamo Hunger Strikers Die; Rest of Mainstream Media Still Silent

An image of Guantanamo by Sami al-Haj, as reproduced by British artist Lewis Peake in 2008, based on a drawing by Sami that the Pentagon censors refused to allow the public to see. The drawing, one of a series of five, was commissioned by Sami's lawyers at the lawyer-led international human rights organization Reprieve.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.

 

So today, five days after the lawyer-led human rights organization Reprieve issued a press release, about how two of their clients had told them that, since September 20, prisoners on a long-term hunger strike were no longer being force-fed, and four days after I reported it (exclusively, as it turned out), the New York Times emerged as the first — and so far only — mainstream media outlet to cover the story, although even so its headline was easy to ignore: “Military Is Waiting Longer Before Force-Feeding Hunger Strikers, Detainees Say.”

As Charlie Savage described it, military officials at Guantánamo “recently hardened their approach to hunger-striking prisoners,” according to accounts given by prisoners to their lawyers, “and are allowing protesters to physically deteriorate beyond a point that previously prompted medical intervention to force-feed them.”

“For years,” Savage continued, “the military has forcibly fed chronic protesters when their weight dropped too much. Detainees who refuse to drink a nutritional supplement have been strapped into a restraint chair and had the supplement poured through their noses and into their stomachs via nasogastric tubes.” Read the rest of this entry »

14 Years On, US Court Rules that Iraqis Tortured at Abu Ghraib Can Sue US Contractor

Al-Jazeera journalist Salah al-Ejaili, in a screenshot from an appearance on Democracy Now!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.

 

Great news from the Fourth Circuit Court of Appeals in Virginia, where three survivors of torture at the notorious Abu Ghraib prison in Iraq by employees of a private military contractor, CACI Premier Technology, have finally been told that their case can proceed, 14 years since they were initially held, and over nine years since the case was first filed.

It is now so long since the torture took place that younger readers may be unaware of Abu Ghraib, the prison in Iraq where photos of abuse first surfaced publicly in April 2004, shocking Americans in a way that nothing had previously despite there being such a wide array of brutal, counter-productive policies undertaken in the wake of the 9/11 attacks — from Afghanistan to Iraq, and from “black sites” and proxy torture prisons to Guantánamo. As they say — and this is a sad truth for a writer to acknowledge — a picture is worth a thousand words.

The three men are Suhail Najim Abdullah Al Shimari, Asa’ad Hamza Hanfoosh Zuba’e and Salah Hasan Nusaif Al-Ejaili, and their lawyers at the New York-based Center for Constitutional Rights (CCR) stated in a press release after the ruling that the men, “formerly detained at the infamous ‘hard site’ at the Abu Ghraib prison in Iraq were subjected to treatment that could constitute torture or cruel, inhuman and degrading treatment,” according to the judge who allowed the case to proceed, Judge Leonie Brinkema. Read the rest of this entry »

“Guantánamo Was Created to Destroy People, to Destroy Muslims”: Ex-Prisoner Djamel Ameziane’s Powerful Statement to the Inter-American Commission on Human Rights

Djamel Ameziane, photographed after his release from Guantanamo by Debi Cornwall.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.

 

Three days ago, I published an article about former Guantánamo prisoner Djamel Ameziane, and specifically about a hearing of the Inter-American Commission on Human Rights (IACHR), in Mexico City, at which, via his lawyers, and via a statement he had written, he asked the Commission members: “Please issue a merits decision and decide my case. I ask you to order reparations and other relief so that I can get the assistance that I need and move forward with my life, and put Guantánamo behind me forever. I also want an apology. I ask the representatives of the US: Will you say on behalf of your government that you are sorry for what the US Government did to me?”

The IACHR is 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, although the US, of course, has little regard for anyone trying to tell it what to do.

As CCR described it, Ameziane also “urged OAS member states to remain involved in the issue given the current context in the US, and assist in the transfer of Guantánamo detainees and supporting efforts to close the detention center, among others.”

Below, I’m taking the opportunity to cross-post the whole of Djamel Ameziane’s statement, because it provides a powerful indictment of the manner in which the US, after 9/11, abandoned all adherence to the rule of law, setting up a global network of prisons — including at Guantánamo Bay, where Muslim men and boys, largely rounded up without any sense or any application of intelligence, were horribly abused and deprived of hope. Read the rest of this entry »

At Inter-American Commission on Human Rights, Former Guantánamo Prisoner Djamel Ameziane Asks US to Apologize, and Calls for Prison’s Closure

Former Guantanamo prisoner Djamel Ameziane, in an infographic put together by his lawyers at the Center for Constitutional Rights.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.

 

Last week, in Mexico City, a symbolically powerful blow was dealt to the United States’ notion of itself as a nation founded on the rule of law, which respects the rule of law and also respects human rights.

The occasion was a hearing of 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 hearing last Wednesday was for Djamel Ameziane, an Algerian citizen, and an ethnic Berber, who was held at Guantánamo for nearly 12 years.

In the hearing last week, at which Ameziane was represented by the Center for Justice and International Law (CEJIL) and the Center for Constitutional Rights (CCR), the lawyers representing him urged the IACHR to “hold the US accountable for the abuse” of Ameziane and the “discrimination” against him. CCR explained, in a press release, that it was “a landmark hearing,” and the following brief explanation of his story:

For nearly 12 years, Djamel Ameziane, an Algerian citizen, was arbitrarily detained without charge at the Guantánamo Bay prison camp. During his detention, Ameziane was tortured and suffered from other forms of abuse. In 2008, the US approved his release from Guantánamo, yet he remained imprisoned for another five years. In December 2013, Ameziane was forcibly repatriated to Algeria despite having fled from violence and persecution for belonging to a minority ethnicity.

As CCR also explained:

The hearing marked the first time the IACHR was asked to issue a merits report based on human rights violations suffered by a former detainee at the Guantánamo Bay detention center. Throughout their presentation, the petitioners highlighted the importance of the Commission’s role in addressing the impunity and lack of reparations in Ameziane’s case, and also highlighted that his detention and torture were never contested by the State. Moreover, the petitioners noted that the decision itself would mark a historic victory for Ameziane and other victims of the War on Terror.

Crucially, the lawyers also “voiced Ameziane’s own requests, which he had previously submitted in writing,” and which have particular relevance because Donald Trump has repeatedly stated his intention to not only keep Guantánamo open, but also to bring new prisoners there. In his statement, as CCR described it, “Ameziane urged OAS member states to remain involved in the issue given the current context in the US, and assist in the transfer of Guantánamo detainees and supporting efforts to close the detention center, among others.”

Ameziane stated, “Members of the Commission, what I respectfully ask of you today is this: Please issue a merits decision and decide my case. I ask you to order reparations and other relief so that I can get the assistance that I need and move forward with my life, and put Guantánamo behind me forever. I also want an apology. I ask the representatives of the US: Will you say on behalf of your government that you are sorry for what the US Government did to me?”

Speaking about the hearing, Elsa Meany, Senior Attorney at CEJIL, said, “This is not a case with complicated considerations of law, as all the violations detailed were committed against Djamel by state actors, while in state custody. The Commission has, in fact, already undertaken much of the legal analysis necessary to decide this case. However, the current legal framework in the US provides civil and criminal immunity for those responsible that effectively provides an amnesty for grave violations of human rights, in contravention of clear Inter-American standards. A decision by the Commission will constitute a decisive step towards accountability and recognition of Djamel’s fight for justice and reparations.”

Wells Dixon, Senior Staff Attorney at CCR, said, “Over the past 16 years, the Commission has not yet issued a Merits Report in relation to the violations committed by the United States within the framework of the War on Terror, despite having multiple pending cases regarding rendition, unlawful and arbitrary detention and torture at Guantánamo. We urge the Commission to build on existing jurisprudence and decide the present case, consolidating a set of standards that will have implications in this region and globally.”

CCR also explained that, at the hearing, “the Commissioners stated they would continue to study the issue and expressed consternation at Ameziane’s prolonged detention at the camp without any charges, indicating that reparations should be made, including, at a minimum, that his personal belongings be returned.”

CCR added, “If the IACHR rules in favor of Ameziane, it would be the first case regarding human rights violations committed at the Guantánamo Bay prison that a regional human rights body issues a decision on. The decision would mark a historic victory for him and Guantánamo Bay detainees and their right to judicial reparations.”

The IACHR and Guantánamo: the background

Djamel Ameziane’s case has, memorably, been before the IACHR before. In April 2012, as I reported at the time, the IACHR accepted jurisdiction over his case, the first time the organization had accepted jurisdiction over the case of a Guantánamo prisoner.

President Obama responded by forcibly repatriating Ameziane (and another Algerian) in December 2013, even though, when the IACHR was first notified go Ameziane’s case in 2008, they had stated, unambiguously, that “[a]ll necessary measures must be taken to ensure Djamel Ameziane is not transferred to a country where he would face persecution” — a requirement that, objectively, the Algerian government could not be trusted to uphold.

Since then, two more Guantánamo prisoners have submitted their cases to the IACHR. The first, as I reported in an article entitled, Guantánamo “An Endless Horror Movie”: Hunger Striker Appeals for Help to Inter-American Commission on Human Rights, is Muaz al-Alawi, identified in Guantánamo as Moath al-Alwi, who, in February 2015, urged the IACHR to “issue precautionary measures to end his indefinite detention,” and the second, in March last year, as I reported at the time in an article entitled, US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo, was on behalf of one of the so-called “high-value detainees” at the prison.

In March 2015, the IACHR issued a resolution in al-Alwi’s case calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Nevertheless, al-Alwi continues to be held, and in February, Judge Richard Leon, a district court judge, denied his efforts to be released based on a plausible argument that, as Buzzfeed described it, “he could no longer be held because the US combat mission in Afghanistan was over,” in which he cited statements to that effect by President Obama.

Meanwhile, on August 9, in Mohammad Rahim’s case, Maj. James Valentine sent out an email noting that the IACHR had issued precautionary measures against the United States on July 25, 2017 relating to his indefinite detention, torture and lack of medical treatment, and requesting that the US respond, within 15 days from the date of August 2, with “pertinent observations” regarding the precautionary measures. There is no news about whether or not the Trump administration has responded.

Note: In a second article to accompany this one, I’ll post Djamel Ameziane’s full statement.

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and the Countdown to Close Guantánamo initiative, launched in January 2016), the co-director of We Stand With Shaker, which called for the release from Guantánamo of Shaker Aamer, the last British resident in the prison (finally freed on October 30, 2015), and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by the University of Chicago Press in the US, and available from Amazon, including a Kindle edition — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US).

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, and The Complete Guantánamo Files, an ongoing, 70-part, million-word series drawing on files released by WikiLeaks in April 2011. Also see the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

EXCLUSIVE: Fears for Long-Term Hunger Striker at Guantánamo: Lawyers Urge Court to Order Independent Medical Examination

Guantanamo prisoner Sharqawi al-Hajj and some text summarizing his predicament in September 2017.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.

 

On Wednesday, in a story that has not been reported elsewhere, the New York-based Center for Constitutional Rights (CCR) filed an emergency motion asking for an independent medical examination and medical records for Sharqawi al-Hajj, a Yemeni held without charge or trial at Guantánamo since September 2004, who, as CCR put it, “was held in secret detention and brutally tortured for over two years” before his arrival at Guantánamo.

CCR submitted an emergency motion after al-Hajj, who recently embarked on a hunger strike, and refused to submit to being force-fed, “lost consciousness and required emergency hospitalization.”

In the most chilling line in their press release about the emergency motion, CCR noted, “As of a recent phone call with his attorneys, Al Hajj was still on hunger strike and weighed 104 pounds.”

As CCR explained, “His hunger strike compounds long-standing concerns about his health. Prior to his detention, Al Hajj was diagnosed with the Hepatitis B virus, an infection affecting the liver that can be life-threatening, and experiences chronic, potentially ominous related symptoms, including jaundice, extreme weakness and fatigue, and severe abdominal pain.” Read the rest of this entry »

Sufyian Barhoumi, the Peaceful Algerian Cleared for Release But Still Trapped in Guantánamo

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In the long and sordid history of Guantánamo — open for 15 years and seven months, and still holding men indefinitely without charge or trial, in defiance of domestic and international norms regarding imprisonment — it’s sometimes easy for people to forget the role played by lawyers in resisting the injustice of the prison, and in publicizing the men’s stories.

For over 12 years now, lawyers have generally been the only people outside of the various branches of the US government — and foreign intelligence services — who have had contact with the prisoners. Lest we forget, the men held at Guantánamo have never been allowed to have family visits, unlike prisoners held on the US mainland — even those convicted of horrendous crimes — and so often the lawyers have been the only people capable of filling the gap left by relatives, and, of course, bringing messages from the men’s families, which has happened time and again as lawyers have visited their clients’ families, and have subsequently been the bearers of their relatives’ communications.

Recently, a new lawyer brought some fresh insight and indignation to a role that many of those involved in must be struggling to keep fresh, after so many years, after the exhaustion of eight years of Obama that, in the end, left the prison open, and with Trump so uninterested in doing anything to bring justice to the remaining 41 prisoners, either by releasing them or putting them on trial in a valid, internationally recognized system, or working towards shutting the prison once and for all. Read the rest of this entry »

Another Sad, Forgotten Anniversary for Guantánamo’s Dead

Yasser-al-Zahrani, photographed at Guantanamo before his suspicious death in June 2006.

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 next three months of the Trump administration.

 

Today, June 10, is an important date in the Guantánamo calendar — the 11th anniversary of the deaths, in dubious circumstances, of three men at Guantánamo in 2006: Yasser al-Zahrani, a Saudi who was just 17 when he was seized in Afghanistan in December 2001, Mani al-Utaybi, another Saudi, and Ali al-Salami, a Yemeni.

According to the US authorities, the three men committed suicide, hanging themselves in their cells, after having stuffed rags down their own throats, but that explanation has never seemed convincing to anyone who has given it any kind of scrutiny. Even accepting that the guards were not paying attention, how did they manage to tie themselves up and stuff rags down their own throats?

An official investigation by the NCIS yielded an inadequate statement defending the official narrative in August 2008, and then, in January 2010, an article in Harper’s Magazine by Scott Horton presented the US authorities with a powerful critic of the official suicide narrative, Staff Sgt. Joe Hickman, who was in charge of the guards in the towers overlooking the prison. On the night of June 9, 2006, just before the deaths were acknowledged, Hickman had noticed unusual movements by vehicles traveling to and from the prison, in the direction of a secret facility he and his colleagues identified as “Camp No,” where, he presumed, they had been killed — whether deliberately or not — during torture sessions. Read the rest of this entry »

Shutting the Door on Guantánamo: The Significance of Donald Trump’s Failure to Appoint New Guantánamo Envoys

Sunrise at Camp Delta, Guantanamo, August 14, 2016 (Photo: George Edwards).

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 next three 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.

Last week, Vice News ran a noteworthy article, Trump hasn’t appointed anyone to keep track of released Guantánamo detainees, highlighting how the Trump administration’s lack of interest in understanding the nature of the prison at Guantánamo Bay is actually endangering national security.

As Alex Thompson reported, although Donald Trump “has vowed to take the detention center at Guantánamo Bay and fill it with ‘some bad dudes,’ … he hasn’t yet filled the top two positions in the federal government specifically tasked with overseeing the over 700 former detainees who’ve already been released to ensure they do not become security threats.”

Under President Obama, the job of monitoring former prisoners and “coordinating their transitions to civilian life” was largely fulfilled by “two small special envoy offices”: “one at the Department of Defense that reviews detainees considered for release and then tracks the intelligence community’s reports on them, and one at the State Department that helps coordinate communication between detainees and their lawyers, host-country governments, US embassies, and the Department of Defense.” Read the rest of this entry »

Review Boards Approve Ongoing Imprisonment of Three More Prisoners at Guantánamo, Even As Lawmakers Urge Donald Trump to Scrap Them

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).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.

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 »

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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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