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 District Court in Alexandria, 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: Read the rest of this entry »

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

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.

 

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 »

Who Are the Ten Guantánamo Prisoners Released in Oman, Leaving 45 Men Still Held, Including Nine Approved for Release?

The ten prisoners released from Guantanamo on Jan. 16, 2017. Top, from L to R: Abdul Zahir (Afghanistan) and the Yemenis Mohammed al-Ansi, Mohammed Ahmed Said Haidel (aka Muhammed Ahmad Said Haydar), Salman Yahya Hassan Mohammed Rabei’i and Musa’ab al-Madhwani (aka Musab Omar Ali al Madhwani). Bottom, from L to R: Bostan Karim (aka Karim Bostan) (Afghanistan) and the Yemenis Ghaleb al-Bihani, Mustafa al-Shamiri, Walid Said Bin Said Zaid and Hail al-Maythali (aka Hayil al-Maythali). All the photos are from the files leaked by Chelsea Manning and released by WikiLeaks in 2011 except the photo of al-Bihani, which was taken by the International Red Cross, and made available by his lawyers at the Center for Constitutional Rights.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo during the first two months of the incoming Trump administration.

 

So there was great news from Guantánamo on Monday, when ten men — eight Yemenis and two Afghans — were released and sent to Oman, which has previously taken in 20 Yemenis. The Yemenis have been the most difficult category of prisoners to be freed from Guantánamo, because the entire US establishment is unwilling to repatriate them, fearing the security situation in their home country, meaning that third countries must be found that are prepared to offer them a new home — and are prepared to overlook the fact that the US itself is unwilling to do that, and, in fact, that Congress has, for many years, passed laws specifically preventing any Guantánamo prisoner from being brought to the US mainland for any reason.

The ten releases leave 45 men still held at Guantánamo, with three or four more releases expected before President Obama leaves office on Friday, according to the latest reports. At present, however, nine men approved for release are still held, and the release of those left behind when Obama leaves the White House must be a priority for campaigners as soon as Donald Trump takes office.

Of the ten men released, two were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office, while the other eight were approved for release between May 2014 and December 2016 by Periodic Review Boards, another high-level, inter-agency review process, and one that campaigners must also press Donald Trump to keep. 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.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

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 »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer The Four Fathers Torture UK austerity UK protest US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo