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 »

Torture on Trial in the US Senate, as the UK Government Unreservedly Apologizes for Its Role in Libyan Rendition

Sen. John McCain gives his reason for refusing the nomination of Gina Haspel as the next Director of the CIA (graphic by CBS News).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 last few days, two very different approaches to torture have been on display in the US and the UK.

On Wednesday, the US Senate conducted confirmation hearings for Gina Haspel, Donald Trump’s nomination as the next Director of the CIA, who has attracted widespread criticism since her nomination was announced back in March, for two particularly valid reasons: firstly, because, towards the end of 2002, she was in charge of the CIA’s first post-9/11 “black site” in Thailand, where several “high-value detainees” were held and tortured, and secondly because, in 2005, she was involved in the destruction of videotapes documenting the torture of prisoners, even though a court had ordered the tapes to be preserved.

At the time of her nomination, we signed up to a letter from a number of rights groups opposing her nomination, and also published an article on our website, entitled, The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA. Read the rest of this entry »

With Transfer of Ahmed Al-Darbi to Saudi Arabia, Guantánamo’s Population Drops to 40; No New Arrivals on Horizon

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago 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.

 

So there was good news on Wednesday, when the Pentagon announced that Ahmed al-Darbi, a Saudi citizen in Guantánamo, had been repatriated, to serve out the rest of a 13-year sentence that he was given as the result of a plea deal that he agreed in his trial by military commission in February 2014.

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. Read the rest of this entry »

As Two Former Guantánamo Prisoners Disappear in Libya After Repatriation from Asylum in Senegal, There Are Fears for 150 Others Resettled in Third Countries

Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), Libyans resettled in Senegal in April 2016, who are now threatened with being sent back to Libya, which is not safe for them. The photos are from the classified military files released by WikiLeaks in 2011.

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.

 

Congratulations to the New York Times for not giving up on the story of the two former Guantánamo prisoners who were recently repatriated to Libya despite having been given humanitarian asylum in Senegal two years ago, on the understanding that they would not be sent back to Libya, as it was unsafe for them. The story is particularly significant from a US perspective, because of the role played — or not played — by the State Department, which, under President Obama, facilitated the resettlement of the men, and many others, and, in general, also kept an eye on them after their release.

The story first emerged three weeks ago, when I was told about it by former prisoner Omar Deghayes, and the Intercept published an article. My article is here. A week later, the New York Times picked up on the story, reporting, as Omar Deghayes also confirmed to me, that one of the two men, Salem Ghereby (aka Gherebi) had voluntarily returned to Libya, as he desperately wanted to be united with his wife and children, and because he hoped that his connections in the country would prevent him from coming to any harm. My second article is here.

Unfortunately, on his return, Salem Ghereby was imprisoned at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported, and the British NGO CAGE then reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I wrote about that here, and then exclusively published Salem Gherebi’s letter explaining why he had chosen to be repatriated. Read the rest of this entry »

WORLD EXCLUSIVE: Ex-Guantánamo Prisoner Salem Gherebi’s Letter Explaining Why He Voluntarily Returned to Libya from Senegal Despite the Danger in Doing So

Former Guantanamo prisoner Salem Gherebi, in a photo included in the classified military files released by WikiLeaks in 2011.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.

 

Two weeks ago, I published an article about the Senegalese government’s disgraceful intention to repatriate two Libyans released from Guantánamo and given humanitarian asylum in Senegal two years ago, and expressed my alarm that doing so was a fundamental betrayal of the terms of the agreement made by the US when the men’s resettlement took place, which was supposed to guarantee that they wouldn’t be sent back to Libya, because of the dangerous instability in their home country.

That initial article drew on reporting by the Intercept, and also on correspondence with the former prisoner Omar Deghayes, a British resident and Libyan national who knows both men, and who I got to know during the filming, and subsequent touring of the documentary film I co-directed, ‘Outside the Law: Stories from Guantánamo,’ which was released in 2009. A week later the New York Times — and Omar Deghayes, again — confirmed that one of the two men, Salem Gherebi (aka Ghereby), had returned to Libya voluntarily, because he wanted to be reunited with his family, and because he hoped that his connections in the country would prevent him from coming to any harm. My update on the story is here.

Unfortunately, on his return, Salem Gherebi was imprisoned by a militia, Rada, that has a prison at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported. The British NGO CAGE subsequently reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I provided an update about this yesterday. Read the rest of this entry »

Sad Confirmation that Second Ex-Guantánamo Prisoner Resettled in Senegal Has Been Forcibly Returned to Libya, Where His Life Is At Risk

Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), Libyans resettled in Senegal in April 2016, who have now been sent back to Libya, which is not safe for them, and where they have been imprisoned. The photos are from the classified military files released by WikiLeaks in 2011.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.

 

Two weeks ago, I reported the terrible news that two former Guantánamo prisoners, both Libyans, who had been given humanitarian asylum in Senegal two years ago, were about to be sent back to Libya by the Senegalese government. The two men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), had been approved for release by high-level US government review processes, but they had been resettled in Senegal because it was unsafe for them to be returned to Libya. In negotiations between the US State Department and the Senegalese government, the understanding was that their resettlement would not involve any efforts to repatriate them.

My initial information about the men’s dire situation came from the Intercept, and from discussions with the former prisoner Omar Deghayes, also Libyan, who I got to know well during the filming and touring of ‘Outside the Law: Stories from Guantánamo,’ the documentary film I co-directed with Polly Nash, which was released in 2009.

I continued to liaise with Omar Deghayes, and on April 5 the New York Times got involved, noting that Salem Gherebi had “apparently consented to repatriation,” and it would seem that he did so because he was desperate to be reunited with his wife and children, and was disappointed that they “had not been permitted to stay with him in Senegal,” and also believed he had connections that would protect him on his return. Read the rest of this entry »

Radio: Perpetual Imprisonment at Guantánamo – Andy Worthington Interviewed by Linda Olson-Osterlund on Portland’s KBOO FM

A screenshot of Andy Worthington calling for the closure of Guantanamo outside the White House on January 11, 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.

 

Last week, I was delighted to talk to Linda Olson-Osterlund for the morning show, Political Perspectives, on KBOO FM, a community radio station in Portland, Oregon. Linda has been talking to me about Guantánamo for many years, and it’s always a pleasure to talk to her. 

The show is available hereand here as an MP3 — and I hope you have time to listen to it, and will share it if you find it useful. Unfortunately, KBOO had a new telephone system, which didn’t allow foreign calls, and so the first 12 minutes of the show feature some music by Bill Frissell, before Linda introduced me at 12:20, prior to our interview beginning at 15:00.

Linda and I spent the first ten minutes talking about the habeas corpus petition submitted by lawyers for eleven of the remaining 41 prisoners at Guantánamo on January 11, the 16th anniversary of the opening of the prison. As I explained in a recent article, the lawyers argued, as a press release by the New York-based Center for Constitutional Rights put it, that “[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.’” 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 »

In Guantánamo Habeas Corpus Case, Lawyers Insist That Trump’s Stated Intention of Not Releasing Any Prisoners Renders Their Imprisonment “Perpetual” — and Illegal

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

On January 11, the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 prisoners still held submitted a habeas corpus petition to the District Court in Washington, D.C., arguing, as a press release by the New York-based Center for Constitutional Rights put it, that “[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.’”

CCR’s press release also stated that the lawyers’ filing “argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly.” The lawyers added that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

In an article marking the submission of the habeas petition, I explained that the eleven men whose lawyers submitted the petition are “Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.” Read the rest of this entry »

Trapped in Guantánamo: Haroon Gul, a Case of Mistaken Identity Silenced By Donald Trump

Guantanamo prisoner Haroon Gul photographed before his capture. Photo provided by Shelby Sullivan-Bennis.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.

 

To Donald Trump, with his simplistic and wrong-headed approach to the prison at Guantánamo Bay, none of the 41 men still held should ever be released, and, if he were to get his way, new prisoners would be added to the prison’s population.

Blinded by a deep-seated racism, and supported by officials and lawmakers who continue to be driven by a ferocious spirit of vengeance, 16 and a half years after the terrorist attacks of September 11, 2001, Mr. Trump fails to understand that most of the men held at Guantánamo are not, and never were “the worst of the worst,” and fails to understand that holding anyone indefinitely without charge or trial, as it the case for the majority of the prisoners, is a fundamental and profound betrayal of the respect for the rule of law that was supposed to underpin the very creation of the United States of America, 242 years ago this July.

Of the 41 men still held, just seven are facing trials — or, to be more accurate, are caught up in seemingly interminable pre-trial hearings, with one having recently had his trial indefinitely halted by his judge — and with one other man, Ali Hamza al-Bahlul, having been convicted in 2008 (although most elements of his conviction have since been overturned). Two others have agreed to plea deals, one of whom was supposed to have been repatriated to continuing imprisonment in Saudi Arabia last month.  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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