Really? Trump Lawyer Argues in Court that Guantánamo Prisoners Can Be Held for 100 Years Without Charge or Trial

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).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.

 

Last Wednesday, as I flagged up in a well-received article the day before, lawyers for eleven of the 40 prisoners still held at Guantánamo finally got the opportunity to follow up on a collective habeas corpus filing that they submitted to the District Court in Washington D.C. on January 11, the 16th anniversary of the opening of the prison. The filing, submitted by lawyers from organizations including the Center for Constitutional Rights (CCR) and Reprieve on behalf of 11 of the remaining 40 prisoners, argued, as CCR described it after the hearing, that “their perpetual detention, based on Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances, is arbitrary and unlawful.”

CCR added that the motions of eight of the 11 men were referred to Senior Judge Thomas F. Hogan, who heard the argument today”, and stated that the lawyers had “asked the judge to order their release.”

CCR Legal Director Baher Azmy, who argued the case in court, said after the hearing, “Our dangerous experiment in indefinite detention, after 16 years, has run its course. Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantánamo. That position is based not on a meaningful assessment of any actual threat, but on Trump’s animosity towards Muslims, including these foreign-born prisoners at Guantanamo — the height of arbitrariness. Short of judicial intervention, Trump will succeed.” Read the rest of this entry »

Photos: The London Protest Against Donald Trump’s UK Visit, July 13, 2018

Some of my photos from the protest in London against Donald Trump's UK visit on July 13, 2018.Please check out my photo set on Flickr!

And please support my work as a reader-funded investigative journalist, commentator and activist.

 

So yesterday a huge protest against Donald Trump, on his first visit to the UK since he became the US president 18 months ago, took place in London. The organisers estimated that almost 250,000 people had turned up, and I was delighted to see so many witty handmade placards, and so many young people showing up to tell Trump that he is not welcome here. Much of the focus, of course, was on his position as the world’s most powerful sexual predator, but there were also numerous placards taking aim at his recent and thoroughly disgraceful immigration clampdown, when he separated children from their parents and imprisoned them.

I was, of course, delighted to see large numbers of people — and particularly women and girls — protesting against Trump, but from the beginning of his presidency, when a visit was first planned, and then called off because of the anticipated scale of protests against him, I have made a point of stating that, while I understand the particular horror of Trump’s role as a sexual predator and people’s opposition to him on that basis, on everything else we should be out on the streets every day protesting against the vile Theresa May and her vile government. In her six years as home secretary, May was persistently racist, xenophobic and Islamophobic, and, of course, was behind the “hostile environment” for immigrants that led to people who were part of the post-war Windrush generation form the Caribbean being forcibly sent back to their countries of origin, despite having lived in the UK for decades.

That said, it is clear that the sheer size of yesterday’s protest ought to give us hope for the future, as it represented, in many ways, a coming together of the many, many different groups of people affected by Donald Trump and what he represents, and if we can do this for Trump then perhaps we can do it again once he’s gone home, and we’re still stuck wth the most ideologically bankrupt government of my lifetime, in which most of the issues that brought people together in such large numbers yesterday are still as relevant — a right-wing, racist, xenophobic, Islamophobic government composed mostly of old white people, hopelessly embroiled in a Brexit nightmare of their own making, that, like Trump’s election, needs to be seen as the death rattle of this old white world. Read the rest of this entry »

Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

Judge Brett Kavanaugh, Donald Trump and a close-up of Guantanamo prisoners photographed on the day the prison opened, January 11, 2002. The photo on the left is an edit of a photo by Mandel Ngan/AFP/Getty Images.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.

Disgraceful though Donald Trump’s presidency is, it will at least be over at some point in the imaginable future, with the potential that his most outrageous policy changes, enacted in legislation by a Republican majority in Congress, can be reversed should Congress end up with a Democratic majority instead.

When it comes to interpreting the law, however, his impact will last for decades, through his nominations to the nation’s District Courts, appeals courts (the Circuit Courts), and, most crucially, the Supreme Court.

Shamefully, although Barack Obama successfully nominated two of the Supreme Court’s nine justices during his eight years in office (Sonia Sotomayor and Elena Kagan), Congress — where Republicans had a majority, as they did throughout most of Obama’s presidency — refused to consider his third nomination, Merrick Garland, nominated in March 2016. Garland’s appointment would have given Democratic appointees a majority on the Supreme Court for the first time since 1970, but Garland’s nomination expired in January 2017, when Obama left office, and when Donald Trump took over he wasted no time in nominating Neil Gorsuch instead, a dangerous right-winger whose nomination was subsequently approved by the Republican-controlled Congress. Read the rest of this entry »

No Escape from Guantánamo: An Update on the Periodic Review Boards

Four Guantanamo prisoners whose cases are still nominally being reviewed by Periodic Review Boards. Clockwise from top left: Omar al-Rammah, awaiting a decision in his review after 16 months, and Khalid Qasim, Abdul Rahim Ghulam Rabbani and Uthman Mohammed Uthman, who all had their ongoing imprisonment upheld after reviews this year.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.

Regular Guantánamo-watchers will know how wretched it is that Donald Trump is in charge of the prison at Guantánamo Bay, because he appears to have no ability or willingness to understand that it is a legal, moral and ethical abomination, where most of the 40 men still held are imprisoned indefinitely without charge or trial, in defiance of all agreed laws and treaties, and a handful of others are facing trials in a broken trial system, the military commissions, that is not fit for purpose.

Under George W. Bush, a total of 532 prisoners were released from Guantánamo, and Barack Obama released another 196. Trump, to date, has released just one man, a Saudi repatriated for ongoing imprisonment, who was only released because of a plea deal he had agreed to in his military commission proceedings in 2014, and has shown no interest in releasing anyone else, even though five of the 40 men still held were approved for release by high-level review processes under President Obama. With only nine men facing trials, that also leaves 26 other men in that unjustifiable limbo of indefinite imprisonment without charge or trial.

The only mechanism that exists that theoretically could lead to the release of any of these men is the Periodic Review Board system, the second review process set up by President Obama. The first, the Guantánamo Review Task Force, assessed in 2009 whether prisoners should be freed or tried or whether they should continue to be held without charge or trial. 156 were recommended for release, and 36 for prosecution, and 48 for ongoing imprisonment without charge or trial, on the basis that they were regarded as too dangerous to release, but insufficient evidence existed to put them on trial.

This was a move on Obama’s part that, sadly, enshrined indefinite imprisonment without charge or trial as his own policy, not just one inherited from Bush, but he did follow it up with the establishment of the Periodic Review Boards, which functioned as a kind of parole system, whereby prisoners could be approved for release if they demonstrated to a panel of military and intelligence officials that they were contrite, and that they had plans for a constructive post-release life.

As a result of the PRBs, which ended up applying not just to the “forever prisoners,” but also to many of those initially recommended for prosecution by the task force, as the legitimacy of the military commissions collapsed in a number of court rulings, 38 men were recommended for release by the PRBs, and 36 of them were freed before Obama left office (the other three men still held who were approved for release under Obama were actually approved for release by the 2009 task force).

The Periodic Review Boards under Trump

Since the start of Trump’s presidency, although the PRB process still exists, it has failed to deliver a single recommendation for release, and seems to be doing nothing more than simply going through the motions. It may be that this is because the remaining 26 prisoners in the PRB system are genuinely regarded as still constituting a threat to the US, or it could be because of the changing political context — from Obama, who was using the PRBs as a way to bypass Congressional obstacles to the release of prisoners, and to inch towards his promise to close the prison, to Trump, who wants to keep it open, and has no interest in releasing anyone.

Last year, I wrote about the first PRBs that had taken place under Trump — some file reviews, purely desk-based reviews every six months, and full reviews, where the prisoners get to go before a panel of officials (by video link) to make a case for their release. These were supposed to take place every three years, but under Obama they had tended to be every one or two years, with some even taking place at shorter notice. I wrote about these reviews in two articles last May, Under Trump, Periodic Review Boards Continue at Guantánamo, But At A Glacial Pace and Review Boards Approve Ongoing Imprisonment of Saifullah Paracha, Guantánamo’s Oldest Prisoner, and Two Others.

In the full reviews, three men had ended up having their ongoing imprisonment approved — alleged al-Qaeda facilitator Sharqawi Abdu Ali Al Hajj (ISN 1457), the Pakistani businessman Saifullah Paracha (ISN 1094), and Haroon al-Afghani (ISN 3148), a hapless Afghan who had only recently secured legal representation — while a fourth man, Omar Muhammad Ali al-Rammah (ISN 1017), a Yemeni seized in Georgia, against whom the US seemed to have no case, was awaiting a verdict after his review in February 2017.

Over a year since I last wrote about the PRBs, the board members have still not made a decision in al-Rammah’s case, as Jessica Schulberg recently explained in an article for the Huffington Post, stating, “The Pentagon declined to say why it is taking so long to make a decision in Al-Rammah’s case. But the lengthy delay indicates a disagreement between government officials over whether the Yemeni should be cleared for release.”

Schulberg proceeded to explain that, although the panel members — “senior officials from the departments of Defense, Homeland Security, Justice and State; the Joint Staff; and the Office of the Director of National Intelligence” — must reach a unanimous decision, “even after they make a decision, their bosses — the heads of those agencies — can object to the decision and request a meeting to reexamine the case,” and can also “request a review within 30 days of the PRB’s decision.” They also “step in if the PRB can’t reach a consensus,” as Sarah Higgins, a Pentagon spokeswoman, told Schulberg in an email. She added, “I can’t share at this time which scenario is holding up the final determination,” and advised that the DoD remains “committed to the PRB process.”

Wells Dixon, a senior staff attorney at the Center for Constitutional Rights, which represents men still held at Guantánamo, told Schulberg that it was “unlikely that the PRB has failed to reach a consensus after 16 months of deliberating.” As he put it, “My speculation is that some of these men have been approved for transfer by the board, there has then been an objection, and the principals committee has not met to resolve that objection — or has met but has not resolved it.”

In the meantime, a new round of full reviews began in January, with the case of Khalid Qasim (ISN 242), a Yemeni, and a prominent artist at Guantánamo, who remains held because the authorities don’t, historically, like his attitude. The board approved his ongoing imprisonment in March, as they did for Abdul Rabbani Abu Rahmah aka Abdul Rahim Ghulam Rabbani (ISN 1460), a Pakistani whose case was reviewed in February, and Uthman Abd al-Rahim Muhammad Uthman (ISN 27), a Yemeni whose case was reviewed in April, with a decision delivered in May.

No decision has yet been taken in the case of Moath Hamza Ahmed Al-Alwi (ISN 28), a Yemeni, and another prominent artist, whose case was reviewed in March, and two more prisoners have recently had their cases reviewed: Abd Al-Salam Al-Hilah (ISN 1463), a Yemeni businessman, on June 19, and Haroon al-Afghani — again — on June 26. Human Rights First covered al-Hilah’s review, the only other media outlet to take any interest whatsoever in the PRBs.

Torture victim Mohammad Mani Ahmad al-Qahtani (ISN 63) is the next to be reviewed, on July 24, and, although no other full reviews are currently listed, it is reasonable to assume that the cases of the rest of the 26 men will be reviewed over the rest of the year and into 2019. Meanwhile, the file reviews also continue, with a big list on the PRB website, but as with the full reviews, it is hard to shake the notion that, under Trump, there is no reason for any panel to stick their neck out and recommend a prisoner for release.

When the boss says — or tweets — that he doesn’t think anyone should be released from Guantánamo, why would a panel of officials invite his scorn by approving the release of anyone tarred as one of “the worst of the worst,” and who, it seems, very few people care about?

The PRBs, I fear, have become a sham — although I would dearly love to be proved wrong, as the sad truth is that amongst the 26 are men who have never had anything whatsoever to do with al-Qaeda or international terrorism, and whose continued imprisonment — because of a perceived bad attitude related to their long imprisonment without charge or trial — makes a mockery of justice.

As Wells Dixon also pointed out, “keeping the PRB system in place, even in its neutered form, gives the Trump administration a nominal defense when critics accuse it of indefinitely detaining prisoners without due process,” as Jessica Schulberg described it.

Dixon said, “It is the only thing that the government can point to to show that there is any sort of review that is occurring at Guantánamo. It is what the government hangs its hat on to fight off habeas claims,” like the one currently being reviewed in a US court, which was brought on behalf of eleven prisoners. He added, “It is a meaningless process for all practical purposes.”

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and see the latest photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (click on the following for Amazon in the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US), and for his photo project ‘The State of London’ he publishes a photo a day from six years of bike rides around the 120 postcodes of the capital.

In 2017, Andy became very involved in housing issues. He is the narrator of a new documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June that killed over 70 people, and he also set up ‘No Social Cleansing in Lewisham’ as a focal point for resistance to estate destruction and the loss of community space in his home borough in south east London.

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

Today is the 20th Anniversary of the International Day in Support of Victims of Torture: Will the Torture and the Impunity Ever Stop?

No free pass for torture: an image prepared by the ACLU.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.

 

June 26 is the International Day in Support of Victims of Torture, and today marks its 20th anniversary. When it first took place in 1998, the date was chosen because it is a particularly significant day in the field of human rights. Eleven years previously, on June 26, 1987, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the UN Convention Against Torture), an enormous breakthrough in the global moral struggle against the use of torture, came into effect, and June 26 also marks the date in 1945 when the UN Charter, the founding document of the United Nations, was signed by 50 of the 51 original member countries (Poland signed it two months later).

The establishment of the UN and of key pledges regarding human rights has been a high point for the aspiration for a better world, which, of course, came about as a response to the horrors of the Second World War. After the UN was founded, the next major milestone in this quest was the creation of the Universal Declaration of Human Rights, which was adopted by the UN General Assembly on December 10, 1948, and in 1950, in a similar vein, the newly formed Council of Europe established the European Convention on Human Rights (ECHR) (originally known as the Convention for the Protection of Human Rights and Fundamental Freedoms), which entered into force on September 3, 1953.

Unfortunately, although aspirations for a better world are profoundly worthwhile, they constantly jostle with the political realities of a world in which the thirst for power, paranoia, nationalism and capitalism seek to undermine them. Nevertheless, they constantly provide a benchmark for higher human ideals, and it is always reassuring when human rights are prominently observed. Read the rest of this entry »

Today Marks 6,000 Days of Guantánamo: Rights Groups, Concerned Citizens and Former Prisoner Shaker Aamer Urge Donald Trump to Close It

Former Guantanamo prisoner Shaker Aamer urges Donald Trump to close Guantanamo on June 15, 2018, the 6,000th day of the prison's existence.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.

 

Please join us in urging Donald Trump to close Guantánamo. Take a photo with a 6,000 days poster, either by printing it, or on a tablet or even on your phone, and send it to us to post on the Close Guantánamo website — or post it on Facebook and tag us, joining former prisoner Shaker Aamer, pictured here (click on the image to enlarge it), who says:

“Tell Donald Trump:
As long as Guantánamo is open, America will never be great again.
And as long as America is committing injustice, America will never be great again.
And as long as America has military posts all over the world, America will never be great again.
And as long as America is supporting and helping dictators all over the world, America will never be great again.”

Today, June 15, 2018, is a depressing milestone in the long history of U.S. detention at Guantánamo Bay. Today the Guantánamo prison, set up after the 9/11 attacks, has been open for 6,000 days.

Most of the men held at Guantánamo over the last 6,000 days (16 years, five months and four days) have been held without charge or trial, in defiance of international laws and treaties governing the treatment of prisoners. There are only two acceptable ways to deprive an individual of their liberty: either as a criminal suspect, to be tried in a federal court; or as a prisoner of war, held unmolested until the end of hostilities. The men at Guantánamo are neither. Instead, after 9/11, the Bush administration conceived of a novel category of prisoner — one without any rights whatsoever — and implemented this at Guantánamo.

Although the prisoners were granted constitutionally guaranteed habeas corpus rights by the Supreme Court in June 2008, those rights were eviscerated by a number of appeals court decisions between 2009 and 2011, effectively gutting habeas corpus of all meaning for the Guantánamo prisoners. The unacceptable reality of Guantánamo now is that the men still held can only be freed at the whim of the president, a statutory change by the U.S. Congress, or a landmark judicial decision. None of these possibilities are remotely plausible at present.

Donald Trump inherited 41 prisoners from Barack Obama, but he has only released one man, a Saudi repatriated to ongoing imprisonment as part of a plea deal he agreed in the military commission trial system in 2014. Of the 40 men still held, only nine are facing, or have faced trials. Five were approved for release by high-level government review processes under President Obama, but are still held, while the other 26, accurately described as “forever prisoners” by the media, are being held indefinitely without charge or trial.

Every day that Guantánamo remains open is a black mark against America’s notion of itself as a nation founded on the rule of law, which respects the rule of law. We call on Donald Trump to close it without further delay, and to charge or release those still held.

[Below is a great photo of the Center for Constitutional Rights’ staff and interns in New York united in calling for the closure of Guantánamo on its 6,000th day of existence. Staff also held up placards for three prisoners CCR represent: Sufyian Barhoumi, approved for release by a high-level review process under President Obama,but still held, and “forever prisoners” Sharqawi al-Hajj and Guled Hassan Duran].

A great photo of the Center for Constitutional Rights’ staff and interns in New York united in calling for the closure of #Guantanamo on its 6,000th day of existence on June 15, 2018. Staff also hold up placards for three prisoners CCR represent: Sufyian Barhoumi, approved for release by a high-level review process under President Obama,but still held, and "forever prisoners" Sharqawi al-Hajj and Guled Hassan Duran.Andy Worthington, the co-founder of the Close Guantánamo campaign, said: “6,000 days is far longer than the two world wars combined. It is outrageous that the U.S. government continues to perpetuate the myth of an ‘endless war,’ as a supposed justification for holding prisoners indefinitely without charge or trial, when this is, in fact, a policy for which there is no justification whatsoever.”

Sue Udry, Executive Director of Defending Rights & Dissent said: “Guantánamo Bay prison is a living symbol of America’s refusal to live up to the promise of our Constitution. Although President Trump has made clear his disinterest in human rights, due process, and the rule of law, we call on him to choose justice over inhumanity and close the prison immediately.”

Helen Schietinger of Witness Against Torture said: ”It is significant — and not accidental — that all the men who have been imprisoned at Guantánamo are Muslim. How many holy months of Ramadan have they missed during these 6000 days? How many more must they endure, never being allowed visits by their families?”

Close Guantánamo
Defending Rights & Dissent
Dorothy Day Catholic Worker
London Guantánamo Campaign
No More Guantánamos
September 11th Families for Peaceful Tomorrows
TASSC International (Torture Abolition and Survivors Support Coalition)
The Tea Project
Voices for Creative Nonviolence
Witness Against Torture
World Can’t Wait

The above was issued as a press release by all the groups above. The poster is a Close Guantánamo initiative, via the Gitmo Clock which counts in real time how long Guantánamo has been open. Throughout the year, supporters of the campaign have been taking photos with posters counting how long the prison has been open, and urging Donald Trump to close it. Those photos can be found here.

As published on Close Guantánamo.

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and see the latest photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (click on the following for Amazon in the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US), and for his photo project ‘The State of London’ he publishes a photo a day from six years of bike rides around the 120 postcodes of the capital.

In 2017, Andy became very involved in housing issues. He is the narrator of a new documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June that killed over 70 people, and he also set up ‘No Social Cleansing in Lewisham’ as a focal point for resistance to estate destruction and the loss of community space in his home borough in south east London.

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

June 15 Marks 6,000 Days of Guantánamo: Join Us in Telling Donald Trump, “Not One Day More!”

20 of the people who have supported the campaign to tell Donald Trump to close Guantanamo in 2018, via the Gitmo Clock, which counts how long the prison has been open in real time.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.

Next Friday, June 15, 2018, is a bleak day for anyone who cares about justice and the rule of law, because the prison at Guantánamo Bay, where men are, for the most part, held indefinitely without charge or trial, will have been open for 6,000 days; or, to put it another way, 16 years, five months and four days. We hope you will join us in making some noise to mark this sad milestone in America’s modern history.

All year we’ve been running the Gitmo Clock, which counts, in real time, how long Guantánamo has been open, and in connection with that, we’ve made posters available every 25 days showing how long the prison has been open, and inviting suporters of Guantánamo’s closure to take photos with them, and to send them to us. The poster for 6,000 days is here. Please print it off, take a photo with it, ask your family and friends to do the same, and send the photos to us. We will add them to the photos we’ve been publishing all year, which can be found here. 

How long is 6,000 days?

To give you some idea of how long 6,000 days is, try to remember what you were doing on January 11, 2002, when the prison opened. Perhaps you weren’t yet born, or perhaps, like me, you have sons or daughters who were just toddlers when those first photos of orange-clad, sensorily-deprived prisoners kneeling in the Caribbean sun as US soldiers barked orders at them were first released. My son is now 18 years old — nearly 18 and a half, in fact — but he was just two when Guantánamo opened. Read the rest of this entry »

European Court of Human Rights Condemns Romania and Lithuania for CIA “Black Sites” Where Abu Zubaydah and Abd Al-Rahim Al-Nashiri Were Tortured

Abu Zubaydah and Abd al-Rahim al-Nashiri, two prisoners held in secret CIA "black sites" in Lithuania and Romania, whose governments were condemned for their involvement in the "black sites" and torture in two devastating rulings delivered by the European Court of Human Rights in May 2018.

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.

 

In two devastating rulings on May 31, the European Court of Human Rights found that the actions of the Romanian and Lithuanian governments, when they hosted CIA “black sites” as part of the Bush administration’s post-9/11 torture program, and held, respectively, Abd al-Rahim al-Nashiri and Abu Zubaydah, who have both been held at Guantánamo since September 2006, breached key articles of the European Convention on Human Rights; specifically, Article 3, prohibiting the use of torture, Article 5 on the right to liberty and security, Article 8 on respect for private life, and Article 13 on the right to an effective legal remedy.

The full rulings can be found here: Abu Zubaydah v. Lithuania and Al-Nashiri v. Romania.

In the case of al-Nashiri, who faces a capital trial in Guantánamo’s military commission trial system, as the alleged mastermind of the bombing of USS Cole in 2000, in which 17 US sailors died, the Court also found that the Romanian government had denied him the right to a fair trial under Article 6 of the ECHR, and had “exposed him to a ‘flagrant denial of justice’ on his transfer to the US,” as Deutsche Welle described it, adding that the judges insisted that the Romanian government should “seek assurances from the US that al-Nashiri would not be sentenced to the death penalty, which in Europe is outlawed.” Abu Zubaydah, it should be noted, has never been charged with anything, even though the torture program was initially created for him after his capture in a house raid in Pakistan in March 2002. At the time, the US authorities regarded him as a senior figure in Al-Qaeda, although they subsequently abandoned that position. Read the rest of this entry »

Protest Music Now: My Interview with London Student Magazine Artefact as Lead Singer of The Four Fathers

Mark Quiney, Andy Worthington and Richard Clare of The Four Fathers playing at a protest against the DSEI arms fair in London's Docklands in September 2017.Please support my work as a reader-funded investigative journalist, commentator and activist.

 

A few months ago, I was delighted to be approached by Pavel Troughton, a student at London College of Communication (LCC), part of the University of the Arts London (UAL), who was writing an article about protest music for the student magazine Artefact. I promoted it at the time via social media, but I never got round to commenting on it here, so I thought now would be a good time, as my band The Four Fathers continue to play protest music, and to try to gauge what interest there is, or isn’t, in music that challenges the political realities of modern life, via the ‘No Social Cleansing in Lewisham’ gigs I’ve been organising, our appearances with bands like the Commie Faggots, who play theatrical singalong protest music, and our recordings, available via Bandcamp.

I met Pavel Troughton at a cafe near my home in Brockley, south east London, and we had a wide-ranging discussion about the role of protest music today, which is of great interest to me, as I grew up at a significant time for protest music, as a teenager in the late 70s and early 80s, not only following punk bands, post-punk bands and the Two-Tone movement, but also drawing on protest music from the 60s and early 70s as well. 

In Margaret Thatcher’s Britain, and with the counter-culture of the 60s and 70s so comparatively recent, it was difficult not to be politicised at that time. Some of the punks pretended to be apolitical, but really that was an affectation. Of course, many musicians only pretended to be political to get laid or get rich (or both), as had also been true in the 60s and early 70s (does anyone really think the colossally materialistic hornbag Mick Jagger genuinely had any interest in being a ‘Street Fighting Man’, for example?), but political engagement and counter-cultural impulses were genuine in this period, and elements of that effortlessly survived into the 90s, when, after Margaret Thatcher’s eventual fall from grace, John Major struggled to maintain control of a country in which dissent was widespread, via the iconoclastic hedonism of the rave scene and the extraordinary pagan and anarchic energy of the road protest movement. For more on the above, feel free to check out my books Stonehenge: Celebration & Subversion and The Battle of the Beanfield, which have chapters on this period in modern British history. Read the rest of this entry »

No Justice at Guantánamo: The Release of Ahmed Al-Darbi, and Moazzam Begg’s Reflections

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken at Guantanamo by representatives of the International Committee of the Red Cross.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.

 

At the start of this month, Donald Trump transferred his first prisoner out of Guantánamo, the Saudi citizen Ahmed al-Darbi, who was repatriated as part of a plea deal arranged in his military commission proceedings in February 2014. However, he did not return home a free man, as, in his homeland, he will serve the remainder of a 13-year sentence agreed in his plea deal.

As I explained in an article at the time, “Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year. However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals.”

Al-Darbi’s transfer saved the only functioning part of the otherwise broken military commission trial system, which is incapable of delivering justice in an actual trial, given that the men in question, although accused of serious crimes, were lavishly subjected to torture over a number of years, and the use of torture, to be blunt, fundamentally undermines any possibility of a fair and just trial. 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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CD: Love and War

Love and War by The Four Fathers

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

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