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 »

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 »

Guantánamo, The Torture Report and Human Rights Day: America’s Unaddressed Legacy of Torture and Arbitrary Detention

A graphic dealing with CIA torture report, whose executive summary was released in December 2014.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.

 

This time of year has always been a significant time for anyone concerned with human rights to reflect on what has or hasn’t been achieved in the last twelve months, and to make plans for the new year.

A crucial, and long established date is December 10, which the United Nations designated as Human Rights Day in 1950, on the second anniversary of the ratification by the UN of the Universal Declaration of Human Rights (UDHR), which, in a Facebook post on Human Rights Day, I described as “probably the most wonderful aspirational document in human history, born out of the soul-churning horrors of the Second World War.”

The UN, on its Human Rights Day page, says of the UDHR that it “sets out universal values and a common standard of achievement for all peoples and all nations. It establishes the equal dignity and worth of every person. Thanks to the Declaration, and States’ commitments to its principles, the dignity of millions has been uplifted and the foundation for a more just world has been laid. While its promise is yet to be fully realized, the very fact that it has stood the test of time is testament to the enduring universality of its perennial values of equality, justice and human dignity.”

Amongst the UDHR’s 30 articles are prohibitions on the use of torture and cruel, inhuman or degrading treatment or punishment, and arbitrary arrest, as well as the presumption of innocence and the right to a fair trial, all of which have long been of great significance to those like myself who have been writing about Guantánamo and working to get the prison closed. Read the rest of this entry »

A New Low for Guantánamo’s Credibility: The Brief But Absurd Imprisonment of the Military Commissions’ Chief Defense Counsel

A collage of Brig. Gen. John Baker and Camp 6 at Guantanamo, produced by the Daily Beast.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 “you couldn’t make it up” department of Guantánamo absurdity, the prison last week secured its first new prisoner since March 2008 — not an ISIS- or al-Qaeda-related prisoner sent there by Donald Trump, as he persistently threatens to do — but Brig. Gen. John Baker, the Chief Defense Counsel of the troubled military commission trial system.

Writing in Slate, Philip Carter, a senior fellow at the Center for a New American Security and adjunct professor of law at Georgetown University, who briefly served as Deputy Assistant Secretary of Defense for Detainee Policy under President Obama, correctly identified Brig. Gen. Baker’s only offence as having been to “stand[] up for the rule of law and being held in contempt by a judge overseeing the military tribunals at Guantánamo.”

Carter proceeded to explain that the US has two legal systems: the best, “on display every week in federal courthouses, where processes unfold neatly and along well-worn lines established by centuries of statute and precedent,” and the worst, “on display at Guantánamo, where a dispute over government surveillance of defense counsel has resulted in a Marine general being detained (and released two days later) and civilian counsel being threatened with the same fate.” Read the rest of this entry »

11 Years After CIA Torture Victims Arrived at Guantánamo, Whistleblowers Joseph Hickman and John Kiriakou on How Torture “Became Legal” After 9/11

Joseph Hickman and John Kiriakou, former US whistleblowers and authors of 'The Convenient Terrorist', a new book about the US torture program, with a particular focus on Abu Zubaydah.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.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

Donald Trump’s Stumbling Efforts to Revive Guantánamo

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

On Guantánamo, Donald Trump has, essentially, done nothing since he took office, despite promising, on the campaign trail, to fill the prison “with bad dudes,” and to revive the use of torture. Shortly after he took office, a draft executive order was leaked, which saw him proposing to set up new “black sites,” and to send new prisoners to Guantánamo, but on the former he was shut down immediately by critics from across the political spectrum, and even from some of his own appointees, and on the latter we presumed that silence meant that he had been advised that it was not worth sending new prisoners to Guantánamo.

There are a number of reasons why this advice was to be expected: because the federal courts have such a good track record of dealing successfully with terrorism-related cases, and because the legislation authorizing imprisonment at Guantánamo — the Authorization for Use of Military Force, passed just days after the 9/11 attacks — focuses on 9/11, al-Qaeda, the Taliban and related forces, and not on newer threats — like Islamic State, for example, for which new legislation would be required.

As a result, although Guantánamo has almost entirely slipped off the radar, with the impression given that the men still held are trapped in a place that Trump has largely chosen to ignore, it has at least been reassuring that he has gone quiet on his previously-promised notions of reviving the prison. Read the rest of this entry »

Challenging the Nomination of 2005 “Torture Memo” Author Steven Bradbury as a Lawyer in the Trump Administration

Medea Benjamin of CODEPINK: Women for Peace challenges Steven G. Bradbury over his role as a "torture memo" author at his confirmation hearing as a Trump administration lawyer on June 28, 2017.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.

 

Yesterday (June 28), three members of Veterans for Peace — the US military veterans’ organization founded in 1985 and committed to building “a culture of peace” — interrupted the Senate confirmation hearing for Steven G. Bradbury, nominated by Donald Trump as general counsel for the Commerce, Science and Transportation Department, and were subsequently arrested. Videos are available here and here,

The three VFP members — Tarak Kauff, Ken Ashe and Ellen Barfield — were protesting about Bradbury’s role as one of the authors of the notorious “torture memos” under George W. Bush, and they were not alone. As the New York Times explained, Sen. Tammy Duckworth, a Democrat from Illinois, told Bradbury at the hearing, “You lacked the judgment to stand up and say what is morally right when pressured by the president of the United States, and I’m afraid you would do so again.” She then “wagged her finger at Mr. Bradbury and accused him of having a dangerous ‘rubber stamp’ mentality,” and said, “I cannot oppose this nomination strongly enough.”

For my call for Steven Bradbury to be prosecuted — along with other senior Bush administration officials and lawyers — listen to my song ‘81 Million Dollars,’ performed with my band The Four Fathers.

The “torture memos” were written and approved in the Office of Legal Counsel (the branch of the Justice Department that is supposed to provide impartial advice to the executive branch), and the first examples were written by law professor John Yoo, and approved by Yoo’s boss, Jay S. Bybee. The memos sought to redefine torture so that it could be used by the CIA on Abu Zubaydah, seized in Pakistan in March 2002 and regarded as a “high-value detainee,” and approved a list of techniques that included waterboarding, an ancient torture technique that involves controlled drowning. 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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