Yemeni Freed from Guantánamo in Montenegro; 29 Cleared Prisoners Remain

Abd al-Malik Wahab al-Rahabi (aka Abdul Malik al-Rahabi), in a photo taken by representatives of the International Committee of the Red Cross at Guantanamo, and made available to his family, who made it publicly available via his lawyers.Last Wednesday, Abd al-Malik Wahab al-Rahabi (aka Abdel Malik Wahab al-Rahabi), a Yemeni prisoner held at Guantánamo since the day the prison opened on January 11, 2002, became the 690th prisoner to be released, when he was given a new home in Montenegro. He was the second prisoner to be resettled in the Balkan nation, following another Yemeni in January.

Al-Rahabi is also the 10th prisoner to be freed after being approved for release by a Periodic Review Board, a review process set up in 2013 to review the cases of men described as “too dangerous to release” or recommended for prosecution by the previous review process, the Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009. 36 decisions have been taken to date, and two-thirds of those — 24 — have ended up with recommendations for release, a rather damning indictment of the task force’s extreme caution and/or mistaken analyses of the prisoners’ significance.

The task force described 48 men as “too dangerous to release,” despite conceding that there was insufficient evidence to put them on trial (which, in other words, was not evidence at all, but a collection of dubious statements made by the prisoners themselves), and the men recommended for prosecution has their proposed charges dropped after appeals court judges, embarrassingly, threw out some of the few convictions secured in Guantánamo’s permanently troubled military commission trial system, because the war crimes for which they had been convicted had been invented by Congress. Read the rest of this entry »

Yemeni Tribal Chief, Businessman, Intelligence Officer and Torture Victim Seeks Release from Guantánamo Via Periodic Review Board

Yemeni prisoner Abd al-Salam al-Hela, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, a 48-year old Yemeni citizen held at Guantánamo, Abd al-Salam al-Hela (aka Abd al-Salam al-Hilah or Abdul al-Salam al-Hilal), became the 37th prisoner to have his case considered by a Periodic Review Board. This high-level, US review process, which involves 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, began in November 2013.

In the two and half years since, the PRBs have been reviewing the cases of two groups of men: 41 men originally described by a previous review process, the Guantánamo Review Task Force (which President Obama set up when he first took office in 2009), as “too dangerous to release,” and 23 others initially put forward for trials until the basis for prosecutions largely collapsed, in 2012 and 2013, after appeals court judges ruled that the war crimes being prosecuted had been invented by Congress.

For the 41 men described as “too dangerous to release,” the task force also acknowledged that insufficient evidence existed to put them on trial, which set alarm bells ringing for anyone paying close attention, because, if insufficient evidence exists to put someone on trial, then it is not evidence at all. At Guantánamo — and elsewhere in the “war on terror” — the reasons for this emerged under minimal scrutiny from anyone paying attention. Instead of being evidence, information was extracted from prisoners through the use of torture or other forms of abuse, or through being bribed with the promise of better living conditions, which, as a result, is demonstrably unreliable. Read the rest of this entry »

Two More Yemeni “Forever Prisoners” Seek Release from Guantánamo Via Periodic Review Boards

Yemeni prisoner Bashir al-Marwalah, in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.Last week, two more Periodic Review Boards took place for men held in the US prison at Guantánamo Bay, Cuba. The PRBs, which began in November 2013, are reviewing the cases of all the men still held who are not facing trials or were not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.

The PRBs that took place last week were for the 32nd and 33rd prisoners to have their cases considered. Of the previous 31, 20 have so far been approved for release, eight have had their ongoing imprisonment recommended, and three are awaiting results. Of the decisions taken, the prisoners’ success rate is 71%, a figure that is a stern rebuke to the task force, which either described them as “too dangerous to release,” while conceding that there was insufficient evidence to put them on trial, meaning that there are serious problems with the so-called “evidence,” or recommended them for prosecution in a system — the military commissions — that is so discredited that, after the task force made its recommendations, appeals court judges began overturning some of the few convictions achieved in the commissions, on the basis that the war crimes for which the prisoners had been convicted were not legitimate war crimes at all but had been invented by Congress.

Most of the PRBs to date have been for the “forever prisoners,” those mistakenly described as “too dangerous to release,” and last week’s PRBs were for two more from this group. Read the rest of this entry »

Saifullah Paracha, 68-Year Old Pakistani Businessman, Has His Ongoing Imprisonment at Guantánamo Approved

Guantanamo prisoner Saifullah Paracha, in a photo taken several years ago by representatives of the International Committee of the Red Cross. He is wearing white, clothing reserved for the most compliant prisoners.Bad news from Guantánamo for Saifullah Paracha, a Pakistani businessman, a victim of kidnap, extraordinary rendition and torture, and, at 68, the prison’s oldest prisoner, as his ongoing imprisonment has been recommended by a Periodic Review Board, following a hearing on March 8, which I wrote about here. The PRB process involves 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 it was established in 2013 to review the cases of all the prisoners not already approved for release by President Obama’s  high-level, inter-agency Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, or facing trials (and just ten of the remaining 89 prisoners are in this latter category).

With this decision, 27 prisoners have had their cases decided, with 20 men approved for release, and just seven having their ongoing imprisonment approved. However, most of those approved for release were mistakenly described as “too dangerous to release” by the task force, while Paracha is from a smaller group of men initially recommended for prosecution until the basis for prosecutions largely collapsed, and in that group his is the second application for release that has been turned down, with just one success to date.

I have never found the case against Paracha — that he worked with Al-Qaeda in a plot or plots relating to the US — to be convincing, as he lived and worked as a successful businessman in the US from 1970-86, appears to be socially liberal, and has been a model prisoner at Guantánamo, where he has helped numerous younger prisoners engage with the various review processes established over the years. When his PRB took place, the authorities described him as as “very compliant” with the prison guards, with “moderate views and acceptance of Western norms.” Read the rest of this entry »

The American Lawyer’s Six Guantánamo Bar Profiles: Thomas Wilner, David Remes, Jennifer Cowan, Wells Dixon, David Nevin and Lee Wolosky

Thomas Wilner of Shearman & Sterling (Photo: Diego M. Radzinschi).

The November 2015 issue of The American Lawyer featured a “Special Report: The Guantánamo Bar,” consisting of six interviews with attorneys who have worked on Guantánamo. I’m cross-posting them below, as I think they will be of interest, and I also estimate that many of you will not have come across them previously.

The six lawyers featured were: Thomas Wilner of Shearman & Sterling; David Remes, formerly of Covington & Burling; Jennifer Cowan of Debevoise & Plimpton; J. Wells Dixon of the Center for Constitutional Rights; Public Defender David Nevin; and Lee Wolosky of Boies, Schiller & Flexner. Wolosky was appointed last June as the White House’s special envoy for Guantánamo closure, while the rest have represented prisoners held at Guantánamo.

Thomas Wilner represented a number of Kuwaiti prisoners, and also represented the prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. He is co-founder, with me, of the Close Guantánamo campaign, launched in January 2012, through which, for the last four years, we have been attempting to educate people about why Guantánamo must be closed, and who is held there, and I’m pleased to note that The American Lawyer described him as “the most vocal proponent in the Guantánamo bar for the closure of the offshore prison.” Read the rest of this entry »

Saifullah Paracha, Pakistani Businessman and “Very Compliant” Prisoner, Faces Guantánamo Review Board

A photo of Guantanamo prisoner Saifullah Paracha, taken by representatives of the International Committee of the Red Cross, and made available to his family.I wrote the following article — as “Guantánamo Review Board for Saifullah Paracha, Pakistani Businessman and ‘Very Compliant’ Prisoner, Kidnapped in Thailand in 2003” — 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 Saifullah Paracha, a Pakistani businessman, and, at 68 years of age, Guantánamo’s oldest current prisoner, became the 28th Guantánamo prisoner to have his potential release considered by a Periodic Review Board (see our full list here). This review process was set up in 2013 to review the cases of all the prisoners not facing trials (just ten men) or already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010, when almost two-thirds of the remaining prisoners — 156 out of 240 — were recommended for release, or, to use the task force’s careful wording, were “approved for transfer subject to appropriate security measures.”

Of the 28, five decisions have yet to be made, but of the 23 others the success rate for these men securing approval for their release is extremely high — 83% — with 19 men having their release recommended. What makes these decisions particularly important is that they puncture the rhetoric that has surrounded these men — both under George W. Bush, with the glib dismissal of everyone at Guantánamo as “the worst of the worst,” and under Barack Obama, with his task force’s conclusion (more worrying because of its veneer of authority) that 48 of those eligible for PRBs were “too dangerous to release,” even though it was also acknowledged that insufficient evidence existed to put them on trial; in other words, that it was not reliable evidence at all.

In attempting to justify its decisions, the task force noted that its members had relied on “the totality of available information — including credible information that might not be admissible in a criminal prosecution — [which] indicated that the detainee poses a high level of threat that cannot be mitigated sufficiently except through continued detention.” Read the rest of this entry »

Guantánamo Lawyers Complain About Slow Progress of Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, who us one of 36 men eligible for Periodic Review Boards, but who have not yet been given a date when their reviews will take place. This photo is of Ravil with his family, in a photo taken before his capture.Yesterday I published an article about the most recent Periodic Review Board to take place at Guantánamo, and I was reminded of how I’ve overlooked a couple of interesting articles about the PRBs published in the Guardian over the last six weeks.

When it comes to President Obama’s intention to close Guantánamo before he leaves office next January, the most crucial focus for his administration needs to be the Periodic Review Boards, featuring representatives of the Departments of State, Defense, Justice and Homeland Security, and the offices of the Director of National Intelligence and Joint Chiefs of Staff, as I have been highlighting through the recently launched Countdown to Close Guantánamo. Of the 91 men still held, 34 have been approved for release, and ten are undergoing trials (or have already been through the trial process), leaving 47 others in a disturbing limbo.

Half these men were, alarmingly, described as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that insufficient evidence existed to put them on trial. Read the rest of this entry »

24th Periodic Review Board Held at Guantánamo for Yemeni Who Has Become A Health Adviser to His Fellow Prisoners

Guantanamo prisoner Yasin Ismail, a Yemeni, in a photo from 2005 included in the classified military files released by WikiLeaks in 2011. Last week — delayed for a week because of bad weather — the 24th Periodic Review Board took place at Guantánamo, for Yasin Ismail (aka Yassin Ismail), a Yemeni prisoner who is reportedly 36 years old — although, years ago, one of his lawyers stated that his year of birth had incorrectly been recorded as 1979, when he was actually born in 1982, which would mean that he is currently 33 years old. I note that no one, apart from Human Rights First, has actually written about this PRB.

The Periodic Review Boards were established in 2013 to review the cases of prisoners regarded as “too dangerous to release” by the the high-level, inter-agency Guantánamo Review Task Force that, in 2009, had reviewed the cases of all the prisoners held when Barack Obama took office. Alarmingly, these men — 46 in total — were given this description even though the task force acknowledged that insufficient evidence existed to put them on trial. In other words, rumor, hearsay and unreliable statements by the prisoners themselves, or by their fellow prisoners, hinted that they were dangerous, when that might not have been true at all.

25 other prisoners, initially recommended for prosecution, were also made eligible for the PRBs after the basis of their trials collapsed following a series of devastating rulings by the court of appeals in Washington, D.C., which ruled that Congress had invented a raft of war crimes, and had used them to illegally prosecute prisoners in Guantánamo’s already discredited military commission trial system. Read the rest of this entry »

Two Yemenis Approved for Release from Guantánamo Via Periodic Review Boards As “Highly Compliant” Afghan and Another Yemeni Also Seek Release

Zahir Hamdoun, in a photo made available by his lawyers at the Center for Constitutional Rights.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. Please also get involved in the new Countdown to Close Guantánamo.

Two weeks into the Guantánamo prison’s 15th year of operations, the last of a wave of recent releases has taken place — with 16 men freed between January 6 and January 20 — but progress towards the prison’s closure continues.

Of particular significance on this front are the ongoing Periodic Review Boards. Of the 91 men still held, 34 have been approved for release. 24 of those men were approved for release six unforgivably long years ago, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009, but ten others have been approved for release in the last two years, by Periodic Review Boards, set up to review the cases of most of the other men still held at Guantánamo. Just ten of these men are facing– or have faced — trials, leaving 47 others awaiting PRBs, or the result of PRBs, or, in a few cases, repeat reviews. Just ten of the men still held are facing, or have faced trials.

Initially, the PRBs were meant to be for 48 men recommended for ongoing detention by the task force in January 2010 on the basis that they were “too dangerous to release,” even though the task force’s members acknowledged that insufficient evidence existed to put them on trial. President Obama at least tacitly acknowledged that this was a disgraceful basis on which to deprive people of their liberty, by promising periodic reviews of the men’s cases when he authorized their ongoing detention in March 2011, although he failed to spell out why — because, of course, not having enough evidence to try someone means that the information you hold is not evidence at all, but rumors, hunches and hearsay, from frontline interrogations made shortly after capture, when the use of violence was widespread, and from other statements made by the prisoners later, about themselves and about each other, in interrogations at Guantánamo — or, in some cases, “black sites” — where the use of torture, abuse and bribery (the promise of better living conditions) was widespread. Read the rest of this entry »

Seriously Ill Egyptian and a Yemeni Freed from Guantánamo in Bosnia and Montenegro; Another Refuses to Leave

Abdul Aziz-al-Suadi (aka al-Swidi), a Yemeni, and one of two prisoners freed from Guantanamo on January 20, 2016. He was rehoused in Montenegro.On Wednesday, with exactly one year left until the end of Barack Obama’s presidency, two more prisoners were released from Guantánamo, leaving 91 men still held. A third man was supposed to have been freed, but he refused at the last minute.

One of the two men freed, Tariq al-Sawah (ISN 535), also identified as Tariq El-Sawah, who is 58 years old, had gained some notoriety in the past — first as a disillusioned former training camp instructor who had become a welcome informant in Guantánamo, and then as he became seriously overweight, endangering his health. At one point, he weighted 420 pounds, double his weight on arrival at the prison in 2002.

In 2013, as his lawyers sought his release because of his ill-health and his cooperation, I explained how he “had high-level support for his release,” having “received letters of recommendation from three former Guantánamo commanders,” as the Associated Press described it. I stated, “One, Rear Adm. David Thomas, recommended his release in his classified military file (his Detainee Assessment Brief) in September 2008, which was released by WikiLeaks in 2011 … In that file, al-Sawah’s health issues were also prominent. It was noted that he was ‘closely watched for significant and chronic problems’ that included high cholesterol, diabetes and liver disease.” 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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