Finally, Omar Khadr Leaves Guantánamo and Returns to Canada

I wrote the following article for the “Close Guantánamo” website, which I established in January 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.

Eleven months late, the Canadian government has finally signed the paperwork authorizing the return to Canada from Guantánamo of Omar Khadr. A Canadian citizen, he was just 15 years old when he was seized, in July 2002, after a firefight in Afghanistan, where he had been taken by his father, an alleged associate of Osama bin Laden, and subsequently flown to Guantánamo, where he was held for the last ten years.

As a juvenile — those under 18 when their alleged crimes take place — Khadr should have been rehabilitated rather than being subjected to various forms of torture and abuse, according to the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, to which both the US and Canada are signatories. Instead, the US put him forward for a war crimes trial, on the unproven basis that he threw a grenade that killed an American soldier at the time of his capture, and the Canadian government abandoned him, even though courts up to and including the Canadian Supreme Court ruled that his rights had been violated when Canadian agents interrogated him at Guantánamo. In 2010, the Court stated, “Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the fruits of the interrogations would be shared with the US prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects.” Read the rest of this entry »

EXCLUSIVE: Guantánamo Scandal: The 40 Prisoners Still Held But Cleared for Release At Least Five Years Ago

This investigative report is published simultaneously here, and on the website of the “Close Guantánamo” campaign, which I established in January 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.

One of the greatest injustices at Guantánamo is that, of the 169 prisoners still held, over half — 87 in total — were cleared for release by President Obama’s interagency Guantánamo Review Task Force. The Task Force involved around 60 career officials from various government departments and the intelligence agencies, who spent the first year of the Obama Presidency reviewing the cases of all the remaining prisoners in Guantánamo, to decide whether they should be tried, released, or, in some cases, held indefinitely without charge or trial. The Task Force’s final report is here (PDF).

Exactly who these 87 men are is a closely held secret on the part of the administration, which is unfortunate for those of us working towards the closure of Guantánamo, as it prevents us from campaigning as effectively as we would like for the majority of these men, given that we are not entirely sure of their status. Attorneys for the prisoners have been told about their clients’ status, but that information — as with so much involving Guantánamo — is classified.

However, through recent research — into the classified military files about the Guantánamo prisoners, compiled by the Joint Task Force at the prison, which were released last year by WikiLeaks, as well as documents made available by the Bush administration, along with some additional information from the years of the Obama administration — I have been able to establish the identities of 40 men — 23 Yemenis, and 17 from other countries — who, between 2004 and 2009, were cleared for release by the Joint Task Force at Guantánamo, by military review boards under the Bush administration, or by President Obama’s Task Force, and to identify the official documents in which these decisions were noted. Read the rest of this entry »

Inter-American Commission on Human Rights Calls for Release of Djamel Ameziane, an Algerian in Guantánamo

As published on the “Close Guantánamo” website. Please join us — just an email address required.

On March 30, the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), issued what was described as “a landmark admissibility report” in the case of Djamel Ameziane, an Algerian held at Guantánamo, who, like the majority of the 171 men still held, has been detained for over ten years without charge or trial. The IACHR is one of the principal autonomous bodies of the OAS, whose mission is “to promote and protect human rights in the American hemisphere.” Its resolutions are binding on the US, which is a member state. As Djamel’s lawyers at the New York-based Center for Constitutional Rights (CCR) explained in a press release:

This ruling marks the first time the IACHR has accepted jurisdiction over the case of a man detained at Guantánamo, and underscores the fact that there has been no effective domestic remedy available to victims of unjust detentions and other abuses at the base. The IACHR will now move to gather more information on the substantive human rights law violations suffered by Djamel Ameziane — including the harsh conditions of confinement he has endured, the abuses inflicted on him, and the illegality of his detention.

The IACHR will specifically review the US government’s failure to transfer Djamel Ameziane or any man detained at Guantánamo for more than a year — the longest period of time without a transfer since the prison opened in January 2002. This failure has moved the United States further out of compliance with international human rights law and the precautionary measures issued by the IACHR to Djamel Ameziane (2008) and other detained men (2002). Read the rest of this entry »

Why Algeria Is Not A Safe Country for the Repatriation of Guantánamo Prisoners

Since July 2008, when the first Algerian prisoners were repatriated from Guantánamo, the position taken by the US government — first under George W. Bush, and, for the last three years, under Barack Obama — has been that Algeria is a safe country for the repatriation of prisoners cleared for release.

Lawyers and NGOs aware of Algeria’s poor human rights record disagreed, as did some of the Algerian prisoners themselves, to the extent that the last two Algerians sent home — Abdul Aziz Naji in July 2010 and Farhi Saeed bin Mohammed in January 2011 — had actively resisted being sent home, and had taken their cases all the way to the US Supreme Court, which had paved the way for their enforced return by refusing to accept their appeals.

In assessing whether or not it was safe for Algerians to be repatriated from Guantánamo, the US government was required to weigh Algeria’s established reputation for using torture against the “diplomatic assurances” agreed between Washington and Algiers, whereby, as an Obama administration official told the Washington Post at the time of Naji’s repatriation, the Algerian government had promised that prisoners returned from Guantánamo “would not be mistreated.” The US official added, “We take some care in evaluating countries for repatriation. In the case of Algeria, there is an established track record and we have given that a lot of weight. The Algerians have handled this pretty well: You don’t have recidivism and you don’t have torture.” Read the rest of this entry »

Read the Center for Constitutional Rights’ “Faces of Guantánamo” Reports

In December, I was privileged to work with the New York-based Center for Constitutional Rights on three reports about Guantánamo that were published to mark the 10th anniversary of the opening of the prison on January 11, 2012, and released at a press conference in Washington D.C. that I reported here. The three reports are entitled, “Faces of Guantánamo: Resettlement,” “Faces of Guantánamo: Indefinite Detention,” and “Faces of Guantánamo: Torture” (also available via this page) and they present a comprehensive analysis of Guantánamo’s history, President Obama’s failure to close the prison as he promised, and profiles of 20 of the 171 prisoners still held.

The first report, “Faces of Guantánamo: Resettlement,” focuses on the 89 prisoners still held who were cleared for release by President Obama’s Guantánamo Review Task Force, but who are still held either because they cannot be safely repatriated, and no country has volunteered to offer them a new home, or because they are Yemenis, and both the President and Congress have acted to prevent the release of any cleared Yemeni prisoners, even though this constitutes guilt by nationality, which is an indefensible generalization, and ought to be regarded as a profound shame.

The article explains in detail President Obama’s failures, including his refusal to allow any innocent prisoners (the Uighurs, Muslims from China’s Xinjiang province) to be settled in the US, and also describes how Congress has intervened to prevent the release of prisoners for nakedly political reasons. Included are recommendations for the Obama administration, and calls for other countries to help with the resettlement of those who cannot be safely repatriated. Read the rest of this entry »

New Revelations About The Use of Water Torture at Guantánamo

For Truthout, my colleague Jeffrey Kaye, who is a full-time psychologist but somehow manages also to pursue a second career as a blogger, has just written an article about the use of water torture at Guantánamo (and elsewhere in the “War on Terror”), which has been securing excellent coverage online.

I’m delighted to discover that people remain interested in the Bush administration’s use of torture, and questions of accountability that have been brushed under the carpet by President Obama, not just because terrible crimes have been committed and no one has been held accountable, but also because the topic of America’s torture program has generally slipped off the media’s radar (as has that other abiding topic of interest of mine, Guantánamo, and the 171 prisoners still held).

Jeff has done a great job in pulling together examples of prisoners who were subjected not to waterboarding, but to other forms of torture using water that the Bush administration largely managed to avoid mentioning or being asked to justify, including Murat Kurnaz, who discussed having his head held under water in his book, Five Years of My Life: An Innocent Man in Guantánamo, first published in 2007, Mohammed al-Qahtani, the most notorious torture victim at Guantánamo, and others — the Mauritanian Mohamedou Ould Slahi, who was, notoriously, “broken” by torture at Guantánamo, and who had water poured over him to “enforce control” and “keep [him] awake,” the British resident Omar Deghayes, the Algerian Djamel Ameziane (still held, despite being cleared for release many years ago), and Mustafa Ait Idr, an Algerian living in Bosnia-Herzegovina, released in 2008 after winning his habeas petition, whose torture using water I mentioned in The Guantánamo Files, and in my article, After 7 Years, Judge Orders Release of Guantánamo Kidnap Victims. Also of interest are examples from Iraq, which have also not been publicized widely. 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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