Alleged Al-Qaida Bomb-Maker Faces Periodic Review Board at Guantánamo

Photos of some of the Guantanamo prisoners, made available when classified military files were released by WikiLeaks in 2011.Last Thursday, Jabran al-Qahtani, a Saudi national, became the 39th prisoner to face a Periodic Review Board at Guantánamo.

Set up in 2013 to review the cases of all the prisoners who were not facing trials (just ten men) or the rather larger group of men who had already been approved for release by the high-level inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, the PRBs involve 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, since January 2014, they have approved 22 men for release and have defended the ongoing imprisonment of just seven men, a success rate for the prisoners of 76%.

The results are a damning verdict on the task force’s decision to describe 46 men facing PRBs as “too dangerous to release,” even though the task force members also acknowledged that insufficient evidence existed to put them on trial; in other words, it was not evidence, but unreliable information extracted from prisoners at Guantánamo and elsewhere in the “war on terror” — including the CIA’s “black sites” — through the use of torture, other forms of abuse or bribery (with better living conditions, for example). It has also become apparent that another reason some prisoners were described as “too dangerous to release” was because the authorities regarded them as having a threatening attitude towards the US, even though it is, to my mind, understandable that some men confronted with long years of abusive and generally lawless detention might react with anti-social behavior and threats. Read the rest of this entry »

Periodic Review Board at Guantánamo for Yemeni Subjected to Long-Term Sleep Deprivation in Prison’s Early Years

Yemeni prisoner Mohammad Abu Ghanim, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last Tuesday, Mohammad Rajah Sadiq Abu Ghanim (aka Mohammed Ghanim), a Yemeni born in 1975, became the 38th prisoner to face a Periodic Review Board at Guantánamo. These involve 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 were set up in 2013 to review the cases of all the prisoners who had not already been approved for release by the high-level inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, or were not facing trials. Just ten men are in this latter category.

Those eligible for the PRBs were 46 men described as “too dangerous to release” by the task force, which also, however, acknowledged that insufficient evidence existed to put them on trial; in other words, that is was not evidence, but unsubstantiated claims made by prisoners subjected to torture, abuse or bribery (with better living conditions), or that they were regarded as having dangerously anti-American attitudes (despite the fact that their appalling treatment may have inspired such sentiments).

18 others had been recommended for trial by the task force, until the basis for prosecutions largely collapsed when appeal court judges overturned some of the handful of convictions secured in the military commission trial system, pointing out that the war crimes for which the men had been convicted had actually been invented by Congress. Read the rest of this entry »

Insignificant Afghan Finally Approved for Release from Guantánamo

Afghan prisoner Obaidullah, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Good news from Guantánamo, as another prisoner, Obaidullah, an Afghan, is approved for release by a Periodic Review Board. Decisions have now been taken in the cases of 29 prisoners, with 22 recommended for release, and just seven recommended for ongoing imprisonment. This is a success rate for the prisoners of 76%, which is hugely significant, because, back in 2010, they were either recommended for prosecution or were described as “too dangerous to release” by the Guantánamo Review Task Force, which President Obama established, shortly after taking office in 2009, to review the cases of all the prisoners held when he became president. 18 men were in the former category, and 46 in the latter.

The decision also means that, of the 80 men still held, 28 have been approved for release — 15 by the task force in 2010, and 13 by the PRBs (nine of those approved for release by PRBs have already been freed). 35 others are awaiting PRBs, or are awaiting decisions, and just ten men are facing trials — or have already had trials.

Obaidullah, who was just 19 years old when he was seized at his home in Afghanistan in July 2002, is one of the prisoners who had initially been recommended for prosecution — and is the second former prosecution candidate to be recommended for release by a PRB (three others have been recommended for ongoing imprisonment). He had been put forward for a trial by military commission in September 2008, charged with providing material support for terrorism and conspiracy, based on claims that he “stored and concealed anti-tank mines, other explosive devices, and related equipment”; that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.” Read the rest of this entry »

Plea Deals in Federal Court Mooted for Guantánamo Prisoners in Next Year’s National Defense Authorization Act

A campaigner wearing a President Obama mask calls for the closure of Guantanamo in London (Photo: AP/Kirsty Wigglesworth).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 week there was an interesting development in relation to President Obama’s hopes of closing Guantánamo, when the Senate Armed Services Committee announced that it had included a provision in its version of next years’s National Defense Authorization Act, which, as Charlie Savage reported for the New York Times, would allow Guantánamo prisoners to “plead guilty to criminal charges in civilian court via video teleconference,” and would also allow them to be “transferred to other countries to serve their sentences.”

Last November, a number of lawyers sent a letter to the Justice Department, which the New York Times discussed here, in which they “express[ed] interest in exploring plea deals by video teleconference — but only in civilian court, not military commissions.”

Lawyers for six prisoners said that they “may wish” to negotiate plea deals — Abu Zubaydah, the “high-value detainee” for whom the CIA’s torture program was developed, Abu Faraj al-Libi, another “high-value detainee,” Sanad al-Kazimi, a Yemeni who recently went before a Periodic Review Board, Abd al-Rahim Ghulam Rabbani, a Pakistani, Abdul Latif Nasser, the last Moroccan in the prison, and Soufian Barhoumi (aka Sufyian Barhoumi), an Algerian whose PRB is taking place on May 24. As Savage described it, the letter also “said several others are interested, and that Majid Khan, who has pleaded guilty in the [military] commissions system but has not been sentenced, would like to plead again, in civilian court.” 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: 46 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 18 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 46 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 »

Sole Kenyan at Guantánamo, Seized in 2007, Seeks Release Via Periodic Review Board

Guantanamo prisoner Mohammed Abdulmalik (aka Mohammed Abdul Malik Bajabu), the sole Kenyan prisoner, in a photo taken by representatives of the International Committee of the Red Cross, and made available to his family. Last week (on May 10), the sole Kenyan held at Guantánamo, Mohammed Abdul Malik Bajabu (aka Mohammed Abdulmalik) became the 36th prisoner to have his case considered by a Periodic Review Board. A high-level review process that began in November 2013, the PRBs involve 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, in the two and half years since they were set up, they have been reviewing the cases of two groups of men: 46 men described by the Guantánamo Review Task Force (which President Obama set up when he first took office in 2009) as “too dangerous to release,” and 18 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 46 men described as “too dangerous to release,” the task force also acknowledged that insufficient evidence existed to put them on trial, but what this means, of course, is that it is not evidence at all, but something far less trustworthy — information that was extracted from the prisoners themselves through the use of torture or other forms of abuse, or through being bribed with the promise of better living conditions.

Of the 36 cases reviewed up to and including Mohammed Abdulmalik, 21 men have so far been approved for release, and just seven have had their ongoing imprisonment recommended, a success rate of 75%, which rather demolishes the US claims about the men question being “too dangerous to release.” The eight others reviewed are awaiting decisions. Read the rest of this entry »

An Afghan and a Yemeni “Black Site” Prisoner Face Guantánamo Periodic Review Boards, as 21st Man Approved for Release

Yemeni prisoner Salem Bin Kanad, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.In President Obama’s last year in office, efforts are clearly being made to fulfill the promise he made to close the prison at Guantánamo Bay on his second day in office, back in January 2009. 27 men have been freed this year, leaving just 80 still held, the lowest number since the early months of the prison’s existence back in 2002.

27 of those 80 men have been approved for release — 15 since 2010, when the high-level, inter-agency Guantánamo Review Task Force appointed by President Obama to review the cases of all the prisoners he inherited from George W. Bush delivered its final report, and 12 since January 2014, when another review process, the Periodic Review Boards, began delivering decisions about the majority of the men not already approved for release. Just ten of the 80 men still held are facing — or have faced — trials, and the rest are eligible for PRBs.

21 men have so far been approved for release by the PRBs, and nine of those men have been freed. Just seven men have had their ongoing imprisonment recommended — a success rate for the prisoners of 75%, which thoroughly undermines the task force’s claims, made back in 2010, that they were “too dangerous to release.” The task force also claimed that insufficient evidence existed to put them on trial, but the truth is that the “too dangerous to release” tag was overstated, relying on unreliable information extracted from the prisoners themselves, and produced as a result of torture, other forms of abuse, or bribery (with better living conditions), or on an unnecessarily cautious notion of the threat they posed, based on their attitudes while imprisoned at Guantánamo in defiance of all civilized norms. Read the rest of this entry »

Please Send Us Your Photos for May 14, Marking 250 Days Left in the Countdown to Close Guantánamo

Former Guantanamo prisoner Moazzam Begg, in Portcullis House, in London (across the road from the Houses of Parliament), holding a poster reminding President Obama that, on May 14, he has just 250 days left to close Guantanamo as he promised when he took office in January 2009 (Photo: Andy Worthington).Print off a poster here, take a photo with it, like former Guantánamo prisoner Moazzam Begg, and send it to us!

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 Saturday, May 14, is the next milestone in the Countdown to Close Guantánamo that we launched in January, to count down the last year of the Obama presidency, and to remind President Obama of his promise to close the prison before he leaves office, which he first made on his second day in office in January 2009.

Launched on January 20 with exactly one year to go — by Close Guantánamo co-founder Andy Worthington and music legend Roger Waters on Democracy Now! — the countdown has continued with posters every 50 days. 350 days was on February 4, and 300 days was on March 25, and we’re now asking you for your photos for next Saturday, May 14, marking 250 days to go.

Over 300 supporters from across the US and around the world — including some celebrities — have so far sent in photos, which can be seen here and here, and we are delighted to invite you to join them. Shown above is former Guantánamo prisoner Moazzam Begg, who I photographed at a Parliamentary briefing last month about the case of Mohamedou Ould Slahi, Guantánamo prisoner and best-selling author, whose memoir, Guantánamo Diary, written in the prison, was published last year to widespread acclaim. See here for the campaign to free Slahi. 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 »

14 Years Incommunicado: Abu Zubaydah, Guantánamo Prisoner, CIA Torture Victim, and the Al-Qaeda Leader Who Wasn’t

"High-value detainee" Abu Zubaydah, in the first photo of him that was made publicly available.Over ten years since I started working full-time on Guantánamo, there has been undeniable progress in some areas, and absolutely no movement in others. Hundreds of prisoners have been freed, which has been hugely important for a place in which only a few percent of the men — and boys — held there have ever, realistically, been accused of involvement with terrorism, and, after far too many years of delays and inaction, President Obama has been pushing to finally get the prison closed, albeit over seven years since he first promised to do so within a year.

Just 80 men are currently held, and while it is still unclear if the president will be able to close Guantánamo before he leaves office, as Congress will have to drop its ban on bringing any prisoner to the US mainland for any reason, or he will have to close it by executive action, which may or may not be practical or possible, it is conceivable that the end of Guantánamo is within sight.

And yet, for all of the men abused in Guantánamo, and elsewhere in America’s brutal “war on terror,” it is noticeable that no one has been held accountable for their suffering, and, for some of the 80 men still held, it also appears that no end to their suffering is in sight. I’m thinking in particular of some of the so-called “high-value detainees,” 15 men, including 13 who were brought to the US from CIA “black sites” — torture prisons — in September 2006, after up to four and a half years held incommunicado. One of those men — the first to be seized, in fact — may be the most unfortunate of all: Abu Zubaydah. 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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