Close Guantánamo: Lawyers Decry Broken Military Commission System and Status of “Forever Prisoners” in Washington Post Op-Ed

Campaigners calling for the closure of the prison at Guantánamo Bay outside the US Congress on Monday January 11, 2021, the 19th anniversary of the opening of the prison. (Photo by Alli Jarrar of Amnesty International).

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As the 19th anniversary of the the opening of the prison at Guantánamo Bay recedes, and the inauguration of Joe Biden hoves into view, it remains crucial that all of us who oppose the continued existence of Guantánamo continue to discuss the 40 men still held there, the inadequacy of the status of all of them (six approved for release but still held, nine charged or tried in a broken trial system, and 25 consigned to oblivion as “forever prisoners”), and to demand its closure.

On the anniversary, along with the various online events and interviews, Newsweek distinguished itself by being the only mainstream US media outlet to focus on the anniversary, publishing a powerful op-ed by former prisoner, torture victim and best-selling author Mohamedou Ould Salahi, which I posted the day after on the Close Guantánamo website.

The only other mainstream media coverage I’ve found came the day after the anniversary in the Washington Post, where two attorneys with the Military Commissions Defense Organization, civilian defense counsel Brian Bouffard, and Aaron Shepard, a lieutenant commander in the US Navy JAG Corps, wrote what really ought to be an epitaph for Guantánamo’s broken military commission trial system, and for the rotten policy of indefinite detention without charge or trial that is the main hallmark of Guantánamo’s unforgivable exceptionalism, as the prison begins its 20th year of operations. The op-ed is cross-posted below.

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Abandoned in Guantánamo: Abdul Latif Nasser, Cleared for Release Three Years Ago, But Still Held

Guantánamo prisoner Abdul Latif Nasser, cleared for release from the prison over three years ago, but still held, and Camp 6, where he remains imprisoned with 23 other low-level prisoners.

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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.

Over 17 and a half years since the prison at Guantánamo Bay opened, it is, sadly, rare for the mainstream US media — with the bold exception of Carol Rosenberg at the New York Times — to spend any time covering it, even though its continued existence remains a source of profound shame for anyone who cares about US claims that it is a nation founded on the rule of law.

Given the general lack of interest, it was encouraging that, a few weeks ago, ABC News reported on the unforgivable plight of Abdul Latif Nasser, a 54-year old Moroccan prisoner, to mark the third anniversary of his approval for release from the prison. Nasser is one of five of the remaining 40 prisoners who were approved for release by high-level US government review processes under President Obama, but who are still held.

In Nasser’s case, as I reported for Al-Jazeera in June 2017, this was because, although he was approved for release in June 2016 by a Periodic Review Board, a parole-type process that approved 38 prisoners for release from 2013 to 2016, the necessary paperwork from the Moroccan government didn’t reach the Obama administration until 22 days before Obama left office, and legislation passed by Republicans stipulated that Congress had to be informed 30 days before a prisoner was to be released, meaning that, for Nasser, as I described it, “the difference between freedom and continued incarceration was just eight days.”

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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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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