Obama’s Failure to Close Guantánamo: Revisiting a Major Article in the New Yorker

"Inaugurate Justice, Close Guantanamo": a message from Witness Against Torture activists outside the White House on January 13, 2013, the 11th anniversary of the opening of the prison, just a week before President Obama's second term inauguration (Photo: Andy Worthington).With just over 100 days remaining for President Obama to fulfill his promise to close the prison at Guantánamo Bay that he inherited from George W. Bush, where men subjected to torture and other forms of abuse are still held without charge or trial, undermining the US’s belief that it is a nation that respects the rule of law, I continue to work to close the prison, through my writing here, and through the Close Guantánamo campaign that I established with the US attorney Tom Wilner in January 2012, on the 10th anniversary of the prison’s opening.

A specific initiative of the “Close Guantánamo” campaign is the Countdown to Close Guantánamo, in which, every 50 days, those who wish to see Guantánamo closed have been submitting photos of themselves with posters reminding President Obama how many days he has left. Please print off the latest poster, marking 100 days remaining for President Obama to fulfill his promise on October 11, take a photo of yourself with it, and send it to us to add your voice to those calling for the prison’s closure.

This January, as President Obama prepares to leave office after eight years as president, it will be 15 years since Guantánamo opened, unless he somehow manages to close it — by executive order, perhaps — in the brief period between the presidential election in November and the inauguration of the next president in January 2017. That seems unlikely, however, because Congress has, for years, imposed bans on spending any money to bring any prisoners to the US mainland for any reason, and overriding lawmakers will unleash a fury. Read the rest of this entry »

Nine Yemenis Freed from Guantánamo to Saudi Arabia; 80 Prisoners Remain

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.

Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.

The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” Read the rest of this entry »

Time’s Running Out: My Analysis of the Guantánamo Closure Plan Delivered to Congress by President Obama

Campaigners with Witness Against Torture call for the closure of Guantanamo outside the White House on January 11, 2016, the 14th anniversary of the opening of the prison (Photo: Andy Worthington).I wrote the following article — as “President Obama Delivers Guantánamo Closure Plan to Congress; Will It Work?” — 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. For further commentary on President Obama’s plan, listen to me on The Monocle Daily, and also check out my interview on Sputnik.

Yesterday (February 23, 2016), President Obama delivered a long-awaited plan to Congress, prepared by the Department of Defense, laying out in detail how he proposes, with the help of lawmakers, to close the prison at Guantánamo Bay — where 91 men are still held — before he leaves office.

As explained in a White House briefing that accompanied the plan, the four main points of the plan are as follows, and our comments are below each point.

1. “We’ll continue to securely and responsibly transfer to other countries the 35 detainees already approved for transfer. This process involves extensive and careful coordination across our federal government to ensure that our national security interests are met when an individual is transferred to another country. We insist, for example, that foreign countries institute strong security measures.” Read the rest of this entry »

President Obama on Closing Guantánamo

Code Pink activists use a photo of President Obama, and his own words, to make a powerful point about the need to close Guantanamo outside the White House on May 10, 2013 (Photo: Pat Benic/UPI).I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

A week before Christmas, at a press conference, President Obama spoke about Guantánamo, and we wanted to make sure that our supporters know exactly what he said, as it is significant for the coming year — Obama’s last in office — to know what he has planned, and what he thinks of the opposition to his plans in Congress, where Republicans have been imposing restrictions on his ability to release prisoners and to close the prison for most of his presidency, including a ban on bringing prisoners to the US mainland for any reason.

Below are President Obama’s comments, interspersed with our commentary. We hope you find it useful. The president’s comments came in response to a question by the journalist David Jackson.

David Jackson: Thank you, Mr. President. A Gitmo question. Congress has made it pretty clear that they’re just not going to let you transfer prisoners to the United States for trial. But some people think you already have the executive authority to transfer those prisoners and close Gitmo itself next year. My question is, do you believe you have that authority and are you willing to exercise it to close that place? Read the rest of this entry »

Playing Politics with the Closure of Guantánamo

A campaigner reminds President Obama of his promise to close Guantanamo on January 11, 2013, the 11th anniversary of the opening of the prison (Photo: Andy Worthington).I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Supporters of the “Close Guantánamo” campaign have long been aware that the very existence of the “war on terror” prison at the US naval base in Guantánamo Bay, Cuba is an affront to all notions that the United States respects justice and the rule of law, and we remember that as the closure of the prison becomes, yet again, an undignified game of political football, with Congress continuing to erect obstacles to the release of prisoners and the transfer of anyone to the US mainland for any reason, and the Obama administration trying to come up with a workable plan for the prison’s closure.

Although Congress, the week after the 9/11 attacks, passed a law — the Authorization for Use of Military Force — that purports to justify the detention of prisoners without charge or trial at Guantánamo, and the Supreme Court ruled in June 2004 that the government can hold them until the end of hostilities, this thin legal veneer has persistently failed to disguise the fact that everything about Guantánamo is wrong.

The Bush administration established the prison to be beyond the reach of the US courts, and for nearly two and a half years the men — and boys — held there had no rights whatsoever. In a second decision delivered in June 2004, the Supreme Court ruled that they had habeas corpus rights, a decision that allowed lawyers into the prison, breaking the veil of secrecy that had shrouded the prison for all that time, enabling torture and other forms of abuse to take place. Even so, it was not until June 2006 that the Supreme Court, in another ruling, reminded the administration that no one can be held without rights, and that Common Article 3 of the Geneva Conventions, which prohibits torture and “humiliating and degrading treatment,” applied to everyone in US custody. Read the rest of this entry »

Der Spiegel Publishes Detailed Profile of the Former Guantánamo Prisoners in Uruguay, Struggling to Adapt to a New Life

Three of the former Guantanamo prisoners resettled in Uruguay last December in their protest outside the US Embassy (Photo: F. Flores/El País Uruguay).Ever since it was first announced, over a year ago, that six Guantánamo prisoners would be resettled in Uruguay, I have followed the story closely. Uruguay was a fascinating choice for resettlement, with its humble, left-wing president who had also been a political prisoner, and in December, when the six men were freed, there was considerably more media interest that there usually is when prisoners are released — or, as with the six men freed in December, resettled, because they either couldn’t be repatriated at all (as was the case for one of their number, the last Palestinian at Guantánamo) or they couldn’t be safely repatriated (as was the case for the other five men, four Syrians and a Tunisian).

Since their arrival, however, the six men have had difficulty adapting to their new lives. This is unsurprising, given that they are almost certainly all suffering from Post-Traumatic Stress Disorder, that they are far from home in a Spanish-speaking country with almost no Muslim population, and, most crucially, that they are separated from their families. I had hoped that their transition to a new life would be smoother, and would have involved them being swiftly reunited with their families, but that has not happened, and instead they have gone public with their dissatisfaction — aimed, it should be noted, primarily at the US government, who, the men believe, is not doing enough for them.

In March, I wrote an article about how the men were struggling to adapt to their new lives, which included a request to the Argentinian government to follow Uruguay’s example and take in more prisoners approved for release from Guantánamo but still held. That request was made by Abu Wa’el Dhiab, one of the Syrians, and a well-known figure in Guantánamo circles, because of his effort, last year, to challenge the US authorities’ force-feeding methods through the US courts. Read the rest of this entry »

Cliff Sloan, Former Envoy for Guantánamo Closure, On Why Cleared Prisoners, Including Shaker Aamer, Must Be Freed

Campaigners with Witness Against Torture show their support for Shaker Aamer in an action outside the British Embassy in Washington D.C. in January 2015.Last Wednesday, the Washington Post reawakened discussions about the future of Guantánamo, in an article entitled “Facing threat in Congress, Pentagon races to resettle Guantánamo inmates.” As I described it in my analysis of the article, the Post aired “the suggestion … that all the men approved for release in Guantánamo — 57 out of the 122 men still held — will be freed by the end of the year, and, if Congress proves obstructive, the Obama administration might close the facility before the end of Obama’s presidency by unilaterally moving the remaining prisoners to the US mainland.”

I was at pains to point out that, “[r]ealistically … it might be wisest to view these suggestions as the administration stating its best-case scenario,” but I found it convincing that, “[a]s a first step, officials plan to send up to 10 prisoners overseas, possibly in June,” and that one of these prisoners is Shaker Aamer, the last British resident in Guantánamo, and I was reassured when a journalist friend explained that a source within the administration had told her that there was “cautious optimism” that these releases will indeed take place.

Following up on the story, Ian Woods of Sky News interviewed Cliff Sloan, the former State Department envoy for the closure of Guantánamo, who was appointed by President Obama in 2013. A veteran diplomat, Sloan left his job at the end of last year, but has continued to discuss Guantánamo, and the need for the prison’s closure, ever since. See his op-ed in the New York Times in January, for example. Read the rest of this entry »

As Guantánamo’s 14th Year of Operations Begins, This Must Be the Year It Closes

Campaigners outside CIA headquarters in Langley, Virginia on January 10, 2015 (Photo: Andy Worthington).As the prison at Guantánamo Bay begins its 14th year of operations, I am in the US for a short tour calling for the prison’s closure — and, specifically, in Washington D.C. for a protest outside the White House on the actual anniversary of the prison’s opening — January 11.

With 28 men freed in the last year, and just 127 men still held, there are reasons for cautious optimism that the end is now in sight for the prison, a reviled symbol of the Bush administration’s post-9/11 overreach and disdain for the law, and of President Obama’s difficulty in placing principles above political expediency.

Two good reviews of where we stand on Guantánamo’s 13th anniversary were published last week in the New York Times. In the first, “The Path to Closing Guantánamo,” Cliff Sloan, who has just resigned as the State Department’s envoy for closing Guantánamo (a role he has held since 2013), praised the progress made in the last 18 months — with 39 prisoners released, compared to four in the previous two years, when Congressional obstruction was at its most potent, and President Obama’s political will at its weakest. Read the rest of this entry »

What’s Happening with Guantánamo?

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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 short answer to the question, “What’s Happening with Guantánamo?” twelve years and eight months after the prison opened, is, unfortunately, “very little.”

Seventeen men have been released since President Obama delivered a major speech on national security issues last May, in which he promised to resume releasing prisoners after a period of nearly three years in which releases had almost ground to a halt, because of obstacles raised by Congress and the president’s unwillingness to spend political capital overcoming those obstacles.

Of the 17 men released, eleven were cleared for release in 2009 by a high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office. However, of the 149 men still held, 75 others were also cleared for release by the task force, and their ongoing imprisonment is a disgrace. Four others have been cleared for release in recent months by Periodic Review Boards, established to review the cases of the majority of the men who were not cleared for release by the task force. Read the rest of this entry »

Guantánamo Lawyers Urge Obama Administration to Approve Release of Six Men to Uruguay

Lawyers for six prisoners at Guantánamo — four Syrians, a Palestinian and a Tunisian, who have long been cleared for release from the prison, but are unable to return home — sent a letter to the Obama administration on Thursday calling for urgent action regarding their clients. I’m posting the full text of the letter below.

It’s now over three months since President José Mujica of Uruguay announced that he had been approached by the Obama administration regarding the resettlement of five men — later expanded to six — and was willing to offer new homes to them. I wrote about the story here, where I also noted that one of the men is Abu Wa’el Dhiab, a Syrian man, consigned to a wheelchair as a result of his suffering at Guantánamo. Dhiab is on a hunger strike and being force-fed, and has, in recent months, mounted a prominent legal challenge to his treatment, securing access for his lawyers to videotapes showing his force-feeding and violent cell extractions. The other Syrians are Abdelhadi Faraj (aka Abdulhadi Faraj), Ali Hussein al-Shaaban and Ahmed Adnan Ahjam, the Palestinian is Mohammed Taha Mattan (aka Mohammed Tahamuttan), and the Tunisian, whose identity is revealed for the first time, is Adel El-Ouerghi (aka Abdul Ourgy (ISN 502)).

All six men were cleared for release from the prison in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in 2009, and in their letter the lawyers provided detailed explanations of how the deal has progressed since first being mooted late last year and how it appeared to be confirmed months ago, before it had first been mentioned publicly. “In February,” they wrote, “some or us were informed that, while it was not possible to ascertain precisely when transfer would occur, it was ‘a matter of weeks, not months.'” 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 (The State of London).
Email Andy Worthington

CD: Love and War

The Four Fathers on Bandcamp

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

The State of London

The State of London. 16 photos of London

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Housing crisis 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