Today is the 20th Anniversary of the International Day in Support of Victims of Torture: Will the Torture and the Impunity Ever Stop?

No free pass for torture: an image prepared by the ACLU.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.

 

June 26 is the International Day in Support of Victims of Torture, and today marks its 20th anniversary. When it first took place in 1998, the date was chosen because it is a particularly significant day in the field of human rights. Eleven years previously, on June 26, 1987, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the UN Convention Against Torture), an enormous breakthrough in the global moral struggle against the use of torture, came into effect, and June 26 also marks the date in 1945 when the UN Charter, the founding document of the United Nations, was signed by 50 of the 51 original member countries (Poland signed it two months later).

The establishment of the UN and of key pledges regarding human rights has been a high point for the aspiration for a better world, which, of course, came about as a response to the horrors of the Second World War. After the UN was founded, the next major milestone in this quest was the creation of the Universal Declaration of Human Rights, which was adopted by the UN General Assembly on December 10, 1948, and in 1950, in a similar vein, the newly formed Council of Europe established the European Convention on Human Rights (ECHR) (originally known as the Convention for the Protection of Human Rights and Fundamental Freedoms), which entered into force on September 3, 1953.

Unfortunately, although aspirations for a better world are profoundly worthwhile, they constantly jostle with the political realities of a world in which the thirst for power, paranoia, nationalism and capitalism seek to undermine them. Nevertheless, they constantly provide a benchmark for higher human ideals, and it is always reassuring when human rights are prominently observed. Read the rest of this entry »

European Court of Human Rights Condemns Romania and Lithuania for CIA “Black Sites” Where Abu Zubaydah and Abd Al-Rahim Al-Nashiri Were Tortured

Abu Zubaydah and Abd al-Rahim al-Nashiri, two prisoners held in secret CIA "black sites" in Lithuania and Romania, whose governments were condemned for their involvement in the "black sites" and torture in two devastating rulings delivered by the European Court of Human Rights in May 2018.

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.

 

In two devastating rulings on May 31, the European Court of Human Rights found that the actions of the Romanian and Lithuanian governments, when they hosted CIA “black sites” as part of the Bush administration’s post-9/11 torture program, and held, respectively, Abd al-Rahim al-Nashiri and Abu Zubaydah, who have both been held at Guantánamo since September 2006, breached key articles of the European Convention on Human Rights; specifically, Article 3, prohibiting the use of torture, Article 5 on the right to liberty and security, Article 8 on respect for private life, and Article 13 on the right to an effective legal remedy.

The full rulings can be found here: Abu Zubaydah v. Lithuania and Al-Nashiri v. Romania.

In the case of al-Nashiri, who faces a capital trial in Guantánamo’s military commission trial system, as the alleged mastermind of the bombing of USS Cole in 2000, in which 17 US sailors died, the Court also found that the Romanian government had denied him the right to a fair trial under Article 6 of the ECHR, and had “exposed him to a ‘flagrant denial of justice’ on his transfer to the US,” as Deutsche Welle described it, adding that the judges insisted that the Romanian government should “seek assurances from the US that al-Nashiri would not be sentenced to the death penalty, which in Europe is outlawed.” Abu Zubaydah, it should be noted, has never been charged with anything, even though the torture program was initially created for him after his capture in a house raid in Pakistan in March 2002. At the time, the US authorities regarded him as a senior figure in Al-Qaeda, although they subsequently abandoned that position. Read the rest of this entry »

Torture on Trial in the US Senate, as the UK Government Unreservedly Apologizes for Its Role in Libyan Rendition

Sen. John McCain gives his reason for refusing the nomination of Gina Haspel as the next Director of the CIA (graphic by CBS News).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.

 

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.

In the last few days, two very different approaches to torture have been on display in the US and the UK.

On Wednesday, the US Senate conducted confirmation hearings for Gina Haspel, Donald Trump’s nomination as the next Director of the CIA, who has attracted widespread criticism since her nomination was announced back in March, for two particularly valid reasons: firstly, because, towards the end of 2002, she was in charge of the CIA’s first post-9/11 “black site” in Thailand, where several “high-value detainees” were held and tortured, and secondly because, in 2005, she was involved in the destruction of videotapes documenting the torture of prisoners, even though a court had ordered the tapes to be preserved.

At the time of her nomination, we signed up to a letter from a number of rights groups opposing her nomination, and also published an article on our website, entitled, The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA. Read the rest of this entry »

A Devastating Condemnation of Guantánamo’s Military Commissions by Palestinian-American Journalist P. Leila Barghouty

An illustration by Hokyoung Kim for The Outline showing defense lawyers for Ammar al-Baluchi arriving at the home of Guantanamo's military commissions.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.

 

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.

Six years and three months since Tom Wilner and I launched the Close Guantánamo campaign, we are becalmed in horribly unjust waters, with Donald Trump resolute that no one should leave the prison under any circumstances, and, as a result, 41 men held in what must appear to be a never-ending limbo, even though five of them were approved for release by high-level government review processes under President Obama, and another man, Ahmed al-Darbi, continues to be held despite being promised his release — to be re-imprisoned in Saudi Arabia — four years ago in a plea deal in his military commission trial.

Twenty-six other men are held indefinitely — and lawyers for some of them submitted a habeas corpus petition on their behalf on January 11, the 16th anniversary of the opening of the prison, on the basis that, as the New York-based Center for Constitutional Rights explained, “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

The other men still held — nine in total — have been through the military commission process, or are facing trials, and this latter category of Guantánamo prisoner came under the spotlight recently in an article written for a new website, The Outline, by P. Leila Barghouty, a journalist and filmmaker based in New York City, whose work has appeared on Al Arabiya, National Geographic, Slate, CNN, Vice News and Netflix. Read the rest of this entry »

16 Years Ago, the US Captured Abu Zubaydah, First Official Victim of the Post-9/11 Torture Program, Still Held at Guantánamo Without Charge or Trial

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files released by WikiLeaks in 2013.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.

 

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.

16 years ago, on March 28, 2002, an event took place that has had dreadful repercussions ever since, when Pakistani and American agents raided a house in Faisalabad, Pakistan and captured Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), creating a torture program especially for him, which was then applied to dozens of other prisoners seized in the US’s brutal and pointless “war on terror.”

A Palestinian born in Saudi Arabia in 1971, Zubaydah had traveled to Afghanistan to join the mujahideen in the Afghan civil war (1989-1992) that followed the retreat of the Soviet Union after its ten-year occupation. In 1992, he was severely injured by an exploding mortar shell, suffering shrapnel wounds and severe memory loss. For over a year, he was also left unable to speak.

Although he eventually recovered sufficiently to become a logistician for Khalden, an independent training camp run by Ibn al-Shaykh al-Libi, which closed around 2000 when al-Libi refused to allow it to come under the control of Al-Qaeda, FBI agents who interviewed him after his capture had no doubt that the mortar damage had caused permanent damage. They also knew that he was a kind of travel agent for Khalden, and not number 3 in Al-Qaeda, as the CIA and the Bush administration mistakenly thought. (Al-Libi, meanwhile, tortured into telling lies that the US used to justify its illegal invasion of Iraq, was eventually returned to Libya, where Col. Gaddafi imprisoned him and later killed him). Read the rest of this entry »

The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA

Gina Haspel, the current Deputy Director of the CIA, and Donald Trump, who last week appointed her as the CIA's next Director, a nomination that should face hurdles in Congress because of her role overseeing a "black site" in Thailand, and her role in destroying videotapes of torture at the site.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.

 

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 Tuesday, Donald Trump announced that Mike Pompeo, the current Director of the CIA, would become the new Secretary of State, replacing Rex Tillerson, while Gina Haspel, the current Deputy Director of the CIA, would be promoted to Director, “the first woman so chosen.”

There was nothing positive about this development. As usual, Trump, defying protocol and any notion of politeness, announced Tillerson’s sacking, and the new appointments, by tweet. Tillerson, formerly the CEO of ExxonMobil, had been an indifferent Secretary of State, but Pompeo is a poor choice to be the nation’s top diplomat — hawkish on Iran, and a supporter of the continuing existence of Guantánamo. Interestingly, the New Yorker noted that Tillerson was fired shortly after agreeing with the British government that Russia “appears” to have been responsible for the recent nerve-gas attack on a former Russian spy in Salisbury, in the UK. Pompeo, however, is not averse to criticizing Russia, in contrast to Trump himself, who, ignoring his advisers, on Tuesday congratulated Vladimir Putin on his recent election victory.

However, the bulk of the criticism after Trump’s announcement has, deservedly, been reserved for the promotion of Gina Haspel, who oversaw the last few months’ existence of the CIA’s first post-9/11 “black site” in Thailand, and later conspired to destroy videotapes of the torture that took place there. Unlike Mike Pompeo, who has taken a stance agains torture, there is no sign from Haspel that she recognizes the illegality of torture, and in Donald Trump, of course, she has a president who is an enthusiastic advocate for the use of torture. Read the rest of this entry »

UN Working Group on Arbitrary Detention Condemns US Treatment of Ammar Al-Baluchi at Guantánamo, Says All Prisoners Arbitrarily Detained

Guantanamo prisoner Ammar al-Baluchi photographed at Guantanamo, and the logo of the United Nations.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.

 

I wrote the following article (as “U.N. Working Group on Arbitrary Detention Condemns U.S. Treatment of ‘High-Value Detainee’ Ammar Al-Baluchi at Guantánamo”) 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.

In a strongly-worded press release, the United Nations Working Group on Arbitrary Detention declared on Sunday evening their finding that “detention conditions at Guantánamo [and the] military commission procedures violate international law.”

The Working Group, which consists of “international legal experts mandated to investigate arbitrary deprivations of liberty,” issued its press release following the release last month of Opinion 89/2017, “a comprehensive condemnation of the United States’ continuing commission of torture and due process violations at Guantánamo Bay,” specifically focusing on the case of “high-value detainee” Ammar al Baluchi (aka Ali Abd al-Aziz Ali).

The press release explained that the Working Group’s Opinion “was issued in January 2018 following substantive briefings to the Working Group by the United States government and counsel for Mr. al Baluchi.” Alka Pradhan, civilian counsel for Mr. al Baluchi, declared, “This is a major public denunciation of the United States’ illegal prison and military commissions at Guantánamo Bay, and a specific call to change Mr. al Baluchi’s circumstances immediately.” Read the rest of this entry »

Guantánamo Lawyers Urge International Criminal Court to Investigate US Torture Program

An image produced by AMICC (the American NGO Coalition for the International Criminal Court), which advocates for US participation in the ICC. The image was produced in 2016, in an article about the ICC's possible investigation into war crimes in Afghanistan, including those in which US forces were involved.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.

 

Ever since evidence first emerged of the US’s post-9/11 torture program — most conspicuously, via the photos of abuse in Abu Ghraib that were revealed in 2004, and the network of CIA “black sites” that were first revealed in the media in late 2005 — opponents of torture have sought to hold accountable those responsible for implementing torture in its various forms: in the CIA’s global network of “black sites,” in proxy prisons in other countries, in Afghanistan and Iraq, and at Guantánamo.

Their efforts have persistently been thwarted. President Obama, notoriously, used the “state secrets doctrine” to prevent torture victims from having their day in the US court system (check out the Jeppesen case in 2010, for example), and, earlier that year, after an internal Justice Department investigation into John Yoo and Jay Bybee, who wrote and approved the notorious “torture memos” of 2002 that purported to re-define torture so that it could be used by the CIA, concluded that they were guilty of “professional misconduct,” the Obama administration allowed a DoJ fixer to override that conclusion, deciding instead that they had merely exercised “poor judgment.”

In December 2014, an important step towards the truth came with the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 detention program (the Senate torture report, as it is more colloquially known), which delivered a devastating verdict on the program, even if it was not empowered to hold anyone accountable. And last August, there was good news when James Mitchell and Bruce Jessen, former military psychologists who had developed the torture program for the CIA, settled out of court — for a significant, but undisclosed amount — with several survivors of the rendition and torture program, and the family of another man, Gul Rahman, who had died in Afghanistan. Read the rest of this entry »

Radio: My Discussion with Scott Horton About the Shameful Rehabilitation of George W. Bush, As I Recall His 2002 Memo Authorizing Torture

Radio host Scott Horton and Andy Worthington, photographed calling for the closure of Guantanamo outside the White House on January 11, 2018, the 16th anniversary of the opening of the prison.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 I was delighted to be invited to discuss Guantánamo, George W. Bush, torture and the “war on terror” by Scott Horton, the libertarian, Texan-based radio host, and the author of Fool’s Errand: Time to End the War in Afghanistan, in which, as Pentagon Papers whistleblower Daniel Ellsberg notes in a review, he “masterfully explains the tragedy of America’s longest war and makes the case for immediate withdrawal.”

Scott and I have been talking several times a year — and sometime more frequently — since September 2007, when we first spoke about the case of US “enemy combatant” Jose Padilla, tortured on the US mainland. Our interviews have generally been for 20-25 minutes, but for our latest interview the brakes were off, and we spoke for a whole hour.

The show is available here, or here as an MP3, and I wholeheartedly recommend it as a tour through the darkness of the “war on terror” declared by the Bush administration after the 9/11 attacks, as manifested in CIA “black sites,” in the CIA’s “extraordinary renditions” to torture prisons in other countries, in Guantánamo, and in the wars — and the accompanying lawless prisons — in Afghanistan and Iraq. We also looked at the sad failures of the Obama years — not only his failure to close Guantánamo, but how extrajudicial assassination by drones replaced the messy detention, rendition and torture program of the Bush years, but is no more legally or morally acceptable. Read the rest of this entry »

Exactly 16 Years Ago, George W. Bush Opened the Floodgates to Torture at Guantánamo

George W. Bush and one of the iconic images of prisoner abuse from Abu Ghraib in Iraq.

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.

 

Since the terrible elevation of the grotesquely inadequate figure of Donald Trump to the position of President of the United States, there has been a bizarre propensity, on the part of those in the center and on the left of US political life, to seek to rehabilitate the previous Republican president, George W. Bush.

So let’s nip this in the bud, shall we? Because unless you’ve been away from the planet for the last 20 years, you must be aware that it was George W. Bush who initiated the US’s brutal and thoroughly counter-productive “war on terror” in the wake of the terrorist attacks of September 11, 2001, which involved authorizing the CIA to set up a secret detention and torture program, establishing a prison outside the law at Guantánamo Bay, Cuba, establishing deportation and surveillance programs within the US, invading one country (Afghanistan) in response to the attacks, where US troops remain to this day, despite having long ago ”snatched defeat from the jaws of victory,” as the author Anand Gopal once explained to me, and invading another country (Iraq) that had nothing to do with 9/11 or al-Qaeda, but which was nevertheless destroyed, along the way serving as the crucible for the creation of a newer threat, Daesh, or Islamic State, as it is more colloquial known in the West, a kind of turbo-charged reincarnation of al-Qaeda.

Today, February 7, is the 16th anniversary of one particularly sinister and misguided development in Bush’s “war on terror” — a memorandum, entitled, “Humane Treatment of Taliban and al Qaeda Detainees,” which was sent to just a handful of recipients including Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, Attorney General John Ashcroft, CIA director George Tenet, and General Richard B. Myers, the Chairman of the Joint Chiefs of Staff. 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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