Last Wednesday, Abd al-Malik Wahab al-Rahabi (aka Abdel Malik Wahab al-Rahabi), a Yemeni prisoner held at Guantánamo since the day the prison opened on January 11, 2002, became the 690th prisoner to be released, when he was given a new home in Montenegro. He was the second prisoner to be resettled in the Balkan nation, following another Yemeni in January.
Al-Rahabi is also the 10th prisoner to be freed after being approved for release by a Periodic Review Board, a review process set up in 2013 to review the cases of men described as “too dangerous to release” or recommended for prosecution by the previous review process, the Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009. 36 decisions have been taken to date, and two-thirds of those — 24 — have ended up with recommendations for release, a rather damning indictment of the task force’s extreme caution and/or mistaken analyses of the prisoners’ significance.
The task force described 48 men as “too dangerous to release,” despite conceding that there was insufficient evidence to put them on trial (which, in other words, was not evidence at all, but a collection of dubious statements made by the prisoners themselves), and the men recommended for prosecution has their proposed charges dropped after appeals court judges, embarrassingly, threw out some of the few convictions secured in Guantánamo’s permanently troubled military commission trial system, because the war crimes for which they had been convicted had been invented by Congress. Read the rest of this entry »
I wrote the following article — as “Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before His Capture” — 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, a Periodic Review Board at Guantánamo raised a number of uncomfortable questions for the US authorities: what do you do with a prisoner allegedly involved with Al-Qaeda, but who you have tortured? And what do you do if it then transpires that, before you captured and tortured this man, he already had a history of severe mental health problems?
The prisoner in question is Mohammed al-Qahtani, the 47th prisoner to face a PRB, since they were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials. Tortured for 50 days straight at the end of 2002, he was “subjected to constant interrogations marked by extreme sleep deprivation, low temperatures, stress positions and forced nudity as well as being threatened with a military dog,” and “had to be hospitalized twice with a dangerously low heart rate,” as the Washington Post described it last week.
It was also in the Washington Post, in January 2009, that, for the first, and, to date, only time, a senior Pentagon official, Susan Crawford, the convenor of Guantánamo’s military commissions, admitted that a prisoner in US custody had been tortured. “We tortured Qahtani. His treatment met the legal definition of torture,” Crawford said, adding that that was why she didn’t refer his case for prosecution, even though he had been charged in February 2008 with five other men who are still facing prosecution for the 9/11 attacks. Read the rest of this entry »
Last week, Haroon al-Afghani, who is around 35 years old and was one of the last prisoners to arrive at Guantánamo, in June 2007, became the 46th prisoner to face a Periodic Review Board. This latest of many review processes at Guantánamo began in November 2013 to provide reviews akin to parole boards for 71 men — 46 described as “too dangerous to release” by the previous review process, the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009, and 25 others recommended for prosecution by the task force, until the basis for prosecutions largely collapsed in 2012-13, after appeals court judges threw out a number of convictions on the basis that the war crimes for which the men had been sentenced were not legitimate war crimes, and had been invented by Congress.
By the time the PRBs began, seven men had been removed from consideration — five “forever prisoners” were freed in a prisoner exchange, and two men initially recommended for prosecutions agreed to plea deals in the military commissions. Of the 64 remaining prisoners eligible for PRBs, 35 decisions have so far been taken — and 24 of those decisions have been recommendations for release, demonstrating, if any proof were needed, that the task force’s assessments of the men back in 2010 were unacceptably exaggerated.
Al-Afghani was one of the men recommended for prosecution by the task force in 2010, but in truth there never seemed to have been a viable war crimes case against him. Although the Pentagon described him, when he arrived at Guantánamo, as a “dangerous terror suspect,” who was “known to be associated with high-level militants in Afghanistan,” and had apparently “admitted to serving as a courier for al-Qaeda Senior Leadership (AQSL),” it seemed more probable that he had been part of a militia that, although opposed to the US, was not something to genuinely consider in anything other than a military context. Read the rest of this entry »
Last week, the Obama administration’s efforts to reduce the number of men held at Guantánamo, via Periodic Review Boards, continued with two more reviews. The PRBs were established in 2013 to review the cases of 41 men regarded as “too dangerous to release,” and 23 others recommended for prosecution, and were moving with glacial slowness until this year, when, realizing that time was running out, President Obama and his officials took steps to speed up the process.
35 cases have, to date, been decided by the PRBs, and in 24 of those cases, the board members have recommended the men for release, while upholding the detention of 11 others. This is a success rate for the prisoners of 69%, rather undermining the claims, made in 2010 by President Obama’s high-level, inter-agency Guantánamo Review Task Force, that the men described as “too dangerous to release” deserved that designation, even though the task force had conceded that insufficient evidence existed to put the men on trial.
In fact that description — “too dangerous to release” — has severely unravelled under the scrutiny of the PRBs, as 22 of those recommended for release had been placed in that category by the task force. The task force was rather more successful with its decisions regarding the alleged threat posed by those it thought should be prosecuted, as five of the eleven recommended of ongoing imprisonment had initially been recommended for prosecution by the task force. Read the rest of this entry »
Last week, I was delighted to take part in an hour-long Guantánamo special on RT America, presented by Simone del Rosario, who had recently visited the prison. Simone began by noting that it was the tenth anniversary of three deaths at Guantánamo — 22-year old Yasser Talal al-Zahrani, a Saudi, who was just 17 years old when he was seized in Afghanistan at the end of 2001, 37-year old Salah Ahmed al-Salami (aka Ali al-Salami), a Yemeni, and 30-year old Mani Shaman al-Utaybi, another Saudi.
The deaths were described by the authorities as a triple suicide, but there have always been doubts about that being feasible — doubts that were particularly highlighted in 2010, when the law professor and journalist Scott Horton wrote an alternative account for Harper’s Magazine, “The Guantánamo Suicides,” that drew in particular on a compelling counter-narrative presented by Staff Sgt. Joseph Hickman, who had been in the prison at the time of the men’s deaths, monitoring activities from the guard towers. Hickman’s book Murder in Camp Delta was published in January 2015, and he was also a contributor to RT America’s show.
After this opening, the show dealt in detail with the case of Mohamedou Ould Slahi, Mauritanian national, torture victim and best-selling author (of Guantánamo Diary). Slahi is one of the prisoners still held who were designated for prosecution by the Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009, until the basis for prosecutions largely collapsed after a number of critical appeals court rulings and he was, instead, put forward for a Periodic Review Board, the latest review process, which began at the end of 2013. Slahi’s PRB took place on June 2, and, in discussing his case, Simone del Rosario also spoke to one of his attorneys, Nancy Hollander. Read the rest of this entry »
Have an hour to spare? Want to hear me talk in detail about Guantánamo? Then please listen to me on Wake-Up Call Podcast with Adam Camac and Daniel Laguros, who “interview experts on foreign relations, economics, current events, politics, political theory, and more every weekday.”
They decided to call the show “The Horrible Guantánamo Bay Facility,” which I think is accurate, as I was able to explain in detail what a thoroughly disgraceful facility Guantánamo is at every level.
I began by explaining why the naval base at Guantánamo Bay was chosen as the location for an offshore facility that was supposed to be beyond the reach of the US courts, and how, of course, creating somewhere outside the law made it shamefully easy to begin torturing the men — and boys — who were swept up in the “war on terror” and held there.
Dear friends and supporters,
I know times are tough all round, but I’m in desperate need of support from you to finance my ongoing project to call for the closure of the prison at Guantánamo Bay through my independent journalism, my research, commentary, public appearances, media appearances, and social media work. Most of this work is unpaid — or, to be more accurate, is reader-funded. Without your support, I cannot continue to do what I’ve been doing for the last ten years. I have no institutional backing, and no mainstream media operation behind me.
Since launching my latest fundraiser on Monday, I have received $300 (£200) in donations, but I’m still trying to raise another $3300 (£2200). That’s just $270 (£185) a week for the next three months — not a huge amount, I hope, for all the work that I do to try and bring to an end the long-standing disgrace and injustice that the prison at Guantánamo is, and will be until it is closed once and for all.
So please, if you can help out at all, click on the “Donate” button above to donate via PayPal (and I should add that you don’t need to be a PayPal member to use PayPal). You can also make a recurring payment on a monthly basis by ticking the box marked, “Make This Recurring (Monthly),” and if you are able to do so, it would be very much appreciated. Read the rest of this entry »
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. Also, please listen to me talking about Mohamedou Ould Slahi’s case on Sputnik International, and please sign the petitions to Ashton Carter calling for his release — on Change.org and via the ACLU.
Last Thursday, one of the few well-known prisoners at Guantánamo, Mohamedou Ould Slahi, a 45-year old Mauritanian, became the 43rd prisoner to face a Periodic Review Board. Slahi was subjected to a specially tailored torture program in Guantánamo, approved by Bush’s defense secretary, Donald Rumsfeld, and, though still imprisoned, is a best-selling author. While imprisoned, he wrote a memoir that, after a long struggle with the US government, was published in redacted form. Nevertheless, the power of Slahi’s account of his life, his rendition, his torture and his long years in Guantánamo, is such that the book, Guantánamo Diary, has become a best-seller.
Although the Bush administration attempted to make a case that Slahi was a member of Al-Qaeda, which was why they put pressure on the Mauritanian government to hand him over to them in November 2001, and why he was subsequently tortured in Jordan (on behalf of the US) and in Guantánamo by US operatives, the case evaporated under scrutiny. In April 2010, Judge James Robertson, a US District Court judge, after scrutinizing his habeas corpus petition, ordered his release, finding that the government had failed to establish that what looked suspicious in his case — primarily, the fact that he was related to senior Al-Qaeda member Abu Hafs, and, while living in Germany, had met some of the 9/11 hijackers and had helped them to visit Afghanistan for military training — was actually evidence of involvement with Al-Qaeda. Slahi has admitted that he had joined Al-Qaeda, but that was in 1992, when he had visited Afghanistan during the civil war that followed the Soviet withdrawal, and he insisted that he had not maintained any contact with the organization after that time.
The government, however, refused to accept Judge Robertson’s ruling, and appealed, and in November 2010 the D.C. Circuit Court vacated that ruling, sending it back to the lower court to be reconsidered, where, as I described it in an article about Slahi’s case in April, “it has languished ever since, mocking all notions of justice every day it has remained unaddressed.” Read the rest of this entry »
Dear friends and supporters,
It’s that time of the year again when I ask you, if you can, to make a donation to support my work on Guantánamo, and related issues. Any amount, however large or small, will be gratefully received, as most of my work is only possible through your donations. I don’t have the backing of a mainstream media outlet, and I don’t have the backing of an institution; I am, instead, very much a creation of the modern online world — a reader-funded investigative journalist and commentator — and almost everything I do is only possible because of your support.
So if you can help out at all, please click on the “Donate” button above to donate via PayPal (and I should add that you don’t need to be a PayPal member to use PayPal).
$3500 (£2400) is just $270 (£185) a week for the next three months — not a huge amount for the 50 or so articles I write every quarter, plus all the social media work, and the personal appearances and media appearances I also undertake, most of which are also unpaid. Read the rest of this entry »
It’s been a busy week at Guantánamo, with two Periodic Review Boards taking place, two prisoners being approved for release after reviews in April, and two others having their ongoing imprisonment without charge or trial upheld.
The Periodic Review Boards — which 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 — were established in 2013 to review the cases of all the men still held who are not facing trials (and just ten men are in this category), or who had not already been approved for release by the high-level, inter-agency Guantánamo Review Task Force, which, in 2009, reviewed the cases of all the men held when President Obama took office.
71 men were originally eligible for PRBs, a number reduced to 64 when five men were freed, and two were charged in the military commissions. 41 of the men were described as “too dangerous to release” by the task force, which acknowledged, however, that insufficient evidence existed to put them on trial — meaning, of course, that it was not evidence at all, but, in large part, consisted of unreliable statements made by the prisoners themselves, or their fellow prisoners, when the use of torture and other forms of abuse were widespread. 23 others had been recommended for prosecution by the task force, until the basis for prosecution largely collapsed after a number of highly critical appeals court rulings, in which judges dismissed some of the few convictions secured in the troubled military commission system, on the basis that the war crimes in question had been invented by Congress. Read the rest of this entry »
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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