Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,’ have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law

A sign for the military commissions at Guantanamo. Behind is the first courtroom used for the commissions, which is no longer in use, but photos of the current courtroom are not allowed. (Photo: Cora Currier/ProPublica).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.

Here at “Close Guantánamo,” as we continue to monitor the situation at Guantánamo in the dying days of the Obama presidency, we remain concerned for all the categories of men held. Of the last 61 men in the prison the statistics are as follows:

  • 20 men have been approved for release.
  • 23 have had their ongoing imprisonment approved by Periodic Review Boards.
  • Eight are awaiting decisions by Periodic Review Boards.
  • Ten are facing — or have faced — trials.

Of the men approved for release, seven have been languishing at Guantánamo since the high-level, inter-agency Guantánamo Review Task Force made decisions about what should happen to the prisoners in 2009, while the other 13 have been approved for release in the last two and a half years by the latest review process, the Periodic Review Boards (for further information, see our definitive Periodic Review Board list). All of these men should be released as soon as possible. Read the rest of this entry »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

Former Child Prisoner at Guantánamo, Tortured in Jordan, Is the Last of 64 Men to Face a Periodic Review Board

Yemeni prisoner Hassan bin Attash, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

On September 8, Guantánamo prisoner Hassan bin Attash, born in Saudi Arabia to Yemeni parents, who appears to have been just 17 years old when he was seized in a house raid in Pakistan and sent to Jordan to be tortured, became the last of 64 prisoners to face a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force) and were not facing trials (just ten of the 61 men still held), the PRBs have played an important role in reducing the prison’s population in President Obama’s last year in office.

Consisting 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, the PRBs function like parole boards, assessing prisoners’ contrition, and plans for the future that will mitigate any concerns about them engaging in terrorism or military activity against the US after their release.

To date, 33 men have been approved for release by the PRBs (and 20 of those men have been freed), while 19 others have had their ongoing imprisonment without charge or trial upheld — although all are entitled to further reviews at which they and their attorneys can submit further information in an effort to change the board’s opinion. Purely administrative file reviews take place every six months, and, every three years, prisoners are entitled to full reviews, although in reality those that have taken place — for four men, who all ended up with recommendations for their release — have occurred sooner (between ten months and two years after their initial PRBs). See my definitive Periodic Review Board list on the Close Guantánamo website for further details. Read the rest of this entry »

Long-Term Hunger Striking Pakistani Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at the legal action charity Reprieve.

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On September 1, Ahmed Rabbani (ISN 1461), a Pakistani prisoner at Guantánamo (also identified as Ahmad Rabbani, and known to the the US authorities as Mohammed Ahmed Ghulam Rabbani), became the 63rd — and penultimate — prisoner to face a Periodic Review Board. A long-term hunger striker, he was described as looking “frail” by Courthouse News, which also noted that he “has a long, thick black beard and wore a white covering on his head,”, and that, “Leaning forward with his arms folded on the table in front of him during the hearing, [he] seemed slight, especially when he raised his arm and the sleeve of the loose, white shirt he wore slid down his thin bicep.”

Seized in Karachi, Pakistan on September 9, 2002, with his brother Abdul Rahim, whose PRB took place on July 7, he was regarded as an al-Qaeda facilitator, and was held and tortured in CIA “black sites” for two years, before arriving at Guantánamo with nine other allegedly “medium-value detainees” in September 2004. The US still regards him as an al-Qaeda supporter, although his lawyers argue that he is a case of mistaken identity, and that he wishes only to be reunited with his family and live in peace.

The Periodic Review Boards, as I explained at the time of Abdul Rahim’s review, “were set up in 2013 to review the cases of all the men not already approved for release or facing trials. These men were described by the government task force that reviewed their cases in 2009 as ‘too dangerous to release,’ despite a lack of evidence against them, or were recommended for prosecution, until the basis for prosecution largely collapsed. The PRBs have been functioning like parole boards, with the men in question — 64 in total — having to establish, to the satisfaction of the board members, made up of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, that they show remorse for their previous actions, that they bear no ill-will towards the US, that they have no associations with anyone regarded as being involved in terrorism, and that they have plans in place for their life after Guantánamo, preferably with the support of family members.” Read the rest of this entry »

15 Years After 9/11, Still Waiting for the Closure of Guantánamo

The US flag at Guantanamo.Exactly 15 years ago, terrorists attacked the United States, killing 2,996 people, in the World Trade Center and on two hijacked aeroplanes, and changing the world forever.

Within a month, the US had invaded Afghanistan, aiming to destroy al-Qaeda and to topple the Taliban regime that had harbored them. That mission was largely accomplished by early 2002, but instead of leaving, the US outstayed its welcome, “snatching defeat from the jaws of victory,” as Anand Gopal, the journalist and author of No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, explained to me several years ago.

In addition, of course, the Bush administration — led by a president who knew little about the world, attended by two Republican veterans, Dick Cheney and Donald Rumsfeld, who believed in the president’s right to act as he saw fit in times of emergency, unfettered by any kind of checks and balances (the unitary executive theory) — also set up a secret CIA program of kidnap and torture on a global scale, and prisons in Afghanistan and Guantánamo Bay, in Cuba, where the Geneva Conventions did not apply, and where they tried to pretend that indefinite imprisonment without charge or trial was the new normal, rather than a dangerous aberration. Read the rest of this entry »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

Torture Victim Abu Zubaydah, Seen For the First Time in 14 Years, Seeks Release from Guantánamo

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 2011.On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

“High-Value Detainee” Hambali Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Hambali (Riduan Isamuddin), photographed at Guantanamo, in a photo included in the classified military files released by WikiLeaks in 2011.On August 18, Hambali, a “high-value detainee” held at Guantánamo since September 2006, became the 60th Guantánamo prisoner to face a Periodic Review Board. The PRBs were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials, and the last of 64 reviews will be taking place next week. To date, 33 men have been approved for release, while just 19 men have had their ongoing imprisonment upheld. Eleven further decisions have yet to be taken. For further details, see my definitive Periodic Review Board list on the Close Guantánamo website.

Hambali, an Indonesian born in April 1964, was born Encep Nurjaman, but is also known as Riduan Isamuddin. In the US government’s unclassified summary for his PRB, he was described as “an operational mastermind in the Southeast Asia-based Islamic extremist group Jemaah Islamiyah (JI),” who “served as the main interface between JI and al-Qa’ida from 2000 until his capture in mid-2003.”

Hambali was seized in Bangkok, Thailand in August 2003, with another “high-value detainee,” Mohammed Bashir bin Lap aka Lillie (ISN 10022), whose review took place three weeks ago, in the same week as another of Hambali’s associates, Mohd Farik bin Amin aka Zubair (ISN 10021). 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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