Mohammed Kamin, an Insignificant Afghan Prisoner in Guantánamo, Asks Review Board to Recommend His Release

Prisoners in Guantanamo's Camp 6, photographed on a press visit by Jason Leopold. I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

On August 18, Mohammed Kamin, an Afghan prisoner at Guantánamo who is 36 or 37 years old, became the 17th prisoner to have his case reviewed by a Periodic Review Board, consisting of 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.

The PRBs were established in 2013 to review the cases of 71 men who had either been recommended for ongoing imprisonment in 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established after taking office in 2009, or had been recommended for trials — recommendations that were taken off the table when judges ruled that the majority of the charges in those trials (the military commissions) had been invented by Congress, and were not legitimate war crimes at all.

46 men were in the former category, and 25 in the latter, and readers paying close attention will realize that 17 reviews in 21 months is slow progress, and, frankly, an insult to the men whose cases have not yet been heard. At this rate, it will take until 2021 for all the reviews to take place. Read the rest of this entry »

Yemeni Prisoner Zaher Hamdoun Says He Is “Buried in a Grave Called Guantánamo”

Guantanamo prisoner Zaher Hamdoun (aka Zaher bin Hamdoun) in a photo included in the classified military files released by WikiLeaks in 2011.On Friday, the Guardian published words from Guantánamo written by Zaher Hamdoun (ISN 576), also identified as Zaher bin Hamdoun (or Zahir bin Hamdoun), a Yemeni held at the prison since May 2002. Hamdoun’s words were interspersed with commentary by his lawyer, Pardiss Kebriaei, a Senior Staff Attorney at the New York-based Center for Constitutional Rights.

I’m cross-posting the article below, which is worth reading not only for Hamdoun’s own words about his long ordeal, but also for Pardiss Kebriaei’s frustration with the review process — the Periodic Review Boards — established by President Obama in 2013 to examine the cases of all the prisoners still held when he took office who were not subsequently approved for release in 2010 by the high-level, inter-agency Guantánamo Review Task Force he appointed (44 of the 116 men still held) or who have not been put forward for trials (just ten of the men still held).

Hamdoun is one of 47 men awaiting a chance to pitch for his release through a Periodic Review Board, a process that, as Kebriaei notes, is appallingly slow. “At the rate prisoners’ reviews are going,” she writes, “the administration will not finish by the time Obama leaves office.” Just 17 reviews have taken place since November 2013, and, as a result, ten men have been approved for release (but just two have been freed), four others have had their ongoing detention approved (but two are awaiting the results of a second review), and three others are awaiting the results of their reviews. Read the rest of this entry »

Fayiz Al-Kandari, the Last Kuwaiti in Guantánamo, and a Saudi Prisoner Ask Review Boards to Send Them Home

Fayiz al-Kandari. photographed at Guantanamo by representatives of the International Committee of the Red Cross in 2009.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Since November 2013, 17 prisoners at Guantánamo have had their cases reviewed by Periodic Review Boards, panels consisting of 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. The review boards are — albeit slowly — examining the cases of all the men still held who are not facing (or have faced) trials (ten of the 116 men still held) or who have 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 January 2009 (44 of those still held).

Of these 17 men, ten have been approved for release (and two have been freed), while four others have had their ongoing imprisonment approved, on the basis that “continued law of war detention … remains necessary to protect against a continuing significant threat to the security of the United States.” Three other decisions have yet to be taken, and 47 other men are still awaiting reviews.

In recent weeks, reviews have also taken place for two of the four men whose review boards concluded that they should continue to be held — Fayiz al-Kandari (aka Faez, Fayez), the last Kuwaiti in Guantánamo, whose ongoing imprisonment was approved last July, and Muhammad Abd al-Rahman al-Shumrani (aka al-Shamrani, al-Shimrani), a Saudi whose ongoing imprisonment was approved last October. Read the rest of this entry »

Disgraceful US Justice Department Secretly Blocks Release from Guantánamo of Gravely Ill Hunger Striker Tariq Ba Odah

Guantanamo hunger striker Tariq Ba Odah, photographed at Guantanamo before the long-term effects of his eight-year hunger strike took hold. He now weighs just 74.5 pounds.“Wonderful.” This is the only word that Guantánamo prisoner Tariq Ba Odah said, over and over, as he “looked through photos of vigils and protests, tweets and Facebook posts, and dozens of articles about efforts to free him” from Guantánamo, at a meeting last week with his lawyer, Omar Farah, of the New York-based Center for Constitutional Rights.

Tariq, as regular readers will know, is a Yemeni, and a long-term hunger striker, who has been refusing food since 2007, and is force-fed on a daily basis. He now weighs just 74.5 pounds, and is at risk of death, but the Obama administration refuses to help him. Three weeks ago, I wrote about his lawyers’ efforts to have a US judge order his release because of the very real risk he faces of imminent death.

Tariq’s plight sparked media interest — and gasps of horror from anyone still sensitized enough, after nearly 14 years of the “war on terror” declared by the Bush administration after the terrorist attacks of September 11, 2001, to realize that a man weighing just 74.5 pounds would look like a survivor of — or a corpse at — the concentration camps run by the Nazis. Read the rest of this entry »

Ignoring President Obama, the Pentagon Blocks Shaker Aamer’s Release from Guantánamo

The launch of the We Stand With Shaker campaign outside the Houses of Parliament on November 24, 2014, featuring, from L to R: Roger Waters, Clive Stafford Smith, Andy Worthington, Joanne MacInnes and Caroline Lucas.I’m just back from a fortnight’s family holiday in Turkey (in Bodrum and Dalyan, for those interested in this wonderful country, with its great hospitality, history and sights), and catching up on what I missed, with relation to Guantánamo, while I was away. My apologies if any of you were confused by my sudden disappearance. I was working so hard up until my departure that I didn’t have time to put up an “on holiday” sign here before heading off.

Those of you who are my friends on Facebook or who follow me there will know that I managed to leave a brief message there, announcing my intention to be offline for most of the two-week period — and encouraging you all to take time off from the internet and your mobile devices for the sake of your health!). While away, my Facebook friends will also know that I touched on one of the most significant Guantánamo stories to take place during my absence — the disgraceful revelation that, despite having been approved for release in 2010 by a thorough, multi-agency US government review process (the Guantánamo Review Task Force, established by President Obama shortly after taking office in January 2009), Shaker Aamer, the last British resident in the prison, is still being held because of obstruction by the Pentagon, and, moreover, that the Pentagon has specifically been blocking his release since October 2013.

The story appeared in the Guardian on August 13, following a Washington Post article three days earlier, in which, during a discussion about the Obama administration’s quest for a prison on the US mainland that could be used to hold Guantánamo prisoners, it was noted that, in a meeting last month with President Obama’s top national security officials, defense secretary Ashton Carter “indicated he was inclined to transfer Shaker ­Aamer.” By law, the defense secretary must certify that steps have been taken to mitigate any possible risk posed by released prisoners, and provide Congress with 30 days’ notice of any planned releases. Read the rest of this entry »

War Is Over, Set Us Free, Say Guantánamo Prisoners; Judge Says No

Guantanamo prisoner Mukhtar al-Warafi, in a photo from the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Back in March, as I explained in an article at the time, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration, in which they sought their release, on the basis that, as the lawyers put it, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.”

In my article, I also mentioned a federal court filing submitted on behalf of a Yemeni prisoner, Mukhtar al-Warafi, at the end of February calling for his release for similar reasons. I stated, “One of al-Warafi’s lawyers is Brian Foster, who, with colleagues at the law firm Covington & Burling, represents prisoners accused of being involved with the Taliban as well as others accused of having some involvement with al-Qaeda. Foster said they ‘chose al-Warafi’s case as a first test because he was only ever named as a member of the Taliban, offering a clearer argument for why he should be set free now,’ as opposed to men accused of having al-Qaeda connections.”

As I also discussed recently, al-Warafi was approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010, but had his habeas corpus petition subsequently challenged by the Justice Department, in an example of a lack of joined-up thinking within the government. Al-Warafi’s habeas petition was subsequently turned down by a judge in March 2010. Read the rest of this entry »

Tariq Ba Odah, Hunger Strikes, and Why the Obama Administration Must Stop Challenging Guantánamo Prisoners in Court

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).In June, I wrote an article, “Skeletal, 75-Pound Guantánamo Hunger Striker Tariq Ba Odah Seeks Release; Medical Experts Fear For His Life,” about the desperate plight of Tariq Ba Odah, a Guantánamo prisoner who has been on a hunger strike since 2007 and is at risk of death. His weight has dropped to just 74.5 pounds, and yet the government does not even claim that it wants to continue holding him. Over five and a half years ago, in January 2010, the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009 to review the cases of all the prisoners still held at that time, concluded that he should no longer be held.

The task force approved 156 men for release, although Tariq was one of 30 placed in a category invented by the task force — “conditional detention,” made dependent on a perception that the security situation in Yemen had improved or “an appropriate rehabilitation program or third- country resettlement option becomes available,” as his lawyers described it.

Collectively, the whole of the US establishment has — with one exception — refused to repatriate any Yemenis approved for release since January 2010 (after a foiled terror plot was revealed to have been hatched in Yemen), although, since last November, the administration has been finding third countries willing to offer new homes to Yemenis approve for transfer — in part became of persistent pressure from campaigning groups. 18 Yemenis have so far been found homes in third countries — in Georgia, Slovakia, Kazakhstan, Estonia and Oman — so all that now ought to prevent Tariq Ba Odah’s release is if the US government proves unable to find a third country prepared to offer him a new home. Read the rest of this entry »

Does President Obama Still Have a Plan for Closing Guantánamo?

A collaged image of President Obama and a guard tower at Guantanamo.Recently, there was a brief flurry of media interest in Guantánamo after the New York Times published an article by Charlie Savage entitled, “Obama’s Plan for Guantánamo Is Seen Faltering.”

Savage noted how the Obama administration’s “fitful effort” to shut down the prison at Guantánamo “is collapsing again,” pointing out how, in his first six months as defense secretary, Ashton Carter “has yet to make a decision on any newly proposed deals to transfer individual detainees,” and claiming that, according to unnamed officials, this delay, “which echoes a pattern last year by his predecessor, Chuck Hagel,” is “generating mounting concern in the White House and State Department.” The most recent transfers out of Guantánamo — of six Yemenis resettled in Oman —  were in June, but they were part of deal negotiated under Hagel, which saw four other Yemenis rehoused in Oman in January.

Savage wrote that, in mid-July, President Obama’s national security adviser, Susan Rice, “convened a cabinet-level ‘principals committee’ meeting on how to close the prison before the president leaves office in 18 months.” At that meeting, Carter “was presented with an unsigned National Security Council memo stating that he would have 30 days to make decisions on newly proposed transfers,” according to several officials familiar with the discussions. Read the rest of this entry »

16th Guantánamo Prisoner Seeks Release Via Periodic Review Board

Guantanamo prisoner Salman Rabei'i, in a photo included in the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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, July 14, a Yemeni prisoner at Guantánamo, Salman Yahya Hassan Muhammad Rabei’i, 36, became the 16th prisoner to face a Periodic Review Board. The boards — which consist of 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 were not already approved for release, with the exception of those facing trials, based on the decisions taken by the high-level, inter-agency Guantánamo Review Task Force, which President Obama established in 2009. In its final report in January 2010, the task force recommended that 48 men should continue to be held because they were regarded as too dangerous to release, although it was also acknowledged that there was insufficient evidence to put them on trial.

This, of course, meant that the recommendation to continue holding them were based on information that did not raise to the level of evidence — hearsay, or statements made by prisoners under torture or other forms of duress, for example. To sweeten this bitter pill, President Obama promised periodic reviews of their cases, and when the PRBs were finally established, nearly three years later, two of the 48 had died, but 25 others had been added, from the 36 men recommended for trials by the task force. These 25 were added because of a startling collapse in the legitimacy of the military commmisions, after the appeals court in Washington D.C. began dismissing convictions because the trial system relied on war crimes that were not war crimes, but had been invented by Congress. Read the rest of this entry »

Please Ask Your MP to Join the Shaker Aamer All-Party Parliamentary Group, Working to Secure Shaker’s Release from Guantánamo

Sen. Dianne Feinstein meets the delegation of British MPs who traveled to Washington, D.C. last month to call for Shaker Aamer's release from Guantanamo. From L to R: Jeremy Corbyn, David Davis, Dianne Feinstein, Andrew Mitchell and Andy Slaughter.It’s eight months since the Labour MP John McDonnell MP, an indefatigable campaigner for justice, established the Shaker Aamer All-Party Parliamentary Group, to call for the release from Guantánamo of Shaker Aamer, the last British resident in the prison, who is still held, despite being approved for release by the US authorities twice — in 2007, under George W. Bush, and in 2009, under Barack Obama.

With support from the Save Shaker Aamer Campaign, which spent many years working to get the Parliamentary Group established, and also from We Stand With Shaker, the campaign group established by Andy Worthington and Joanne MacInnes, which was also launched eight months ago, the Parliamentary Group sent a delegation to Washington D.C. after the General Election in May. The four MPs involved — the Conservative MPs David Davis and Andrew Mitchell, and the Labour MPs Jeremy Corbyn and Andy Slaughter — met with Senators, including John McCain and Dianne Feinstein, and Obama administration officials, in the hope of securing a timeline for Shaker’s release, although no date has been given, despite repeated rumors that it would be this summer, and despite a hard-hitting op-ed in the New York Times by the MPs, who wrote, “There is simply no reason, domestic or international, for the United States to keep Mr. Aamer in custody,” and also stated, “It is difficult for us to shake off the depressing notion that the Obama administration is indifferent to the repeated requests of the British government,” adding that this is “a slap in the face for America’s staunchest friend.”

Prior to this, in March, the Parliamentary Group also secured a hugely important debate in the House of Commons, which led to the government supporting the motion “call[ing] on the US Government to release Shaker Aamer from his imprisonment in Guantánamo Bay and to allow him to return to his family in the UK.” Read the rest of this entry »

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Andy Worthington

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