For the First Time, A Nurse at Guantánamo Refuses to Take Part in Force-Feedings, Calls Them a “Criminal Act”

Reprieve, the legal action charity whose lawyers represent a number of prisoners still held at Guantánamo Bay revealed yesterday that a nurse with the US military at the prison “recently refused to force-feed” prisoners “after witnessing the suffering” it caused them.

Abu Wa’el Dhiab, a Syrian prisoner long cleared for release from Guantánamo, who is in a wheelchair as a result of his physical deterioration after 12 years in US custody without charge or trial, told his lawyer Cori Crider during a phone call last week (on July 10) that the male nurse “recently told him he would no longer participate in force-feedings.”

Dhiab reported that the nurse said, “I have come to the decision that I refuse to participate in this criminal act.”

He added that, “after the man made his decision known, he never saw him again,” and Reprieve noted that he had “apparently been assigned elsewhere.” Read the rest of this entry »

Andy Worthington: An Archive of Guantánamo Articles and Other Writing – Part 15, July to December 2013

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Over eight years ago, in March 2006, I began researching and writing about the Bush administration’s “war on terror” prison at Guantánamo and the 779 men (and boys) held there since the prison opened in January 2002. Initially, I spent 14 months researching and writing my book The Guantánamo Files, based, largely, on 8,000 pages of documents publicly released by the Pentagon in the spring of 2006, and, since May 2007, I have continued to write about the men held there, on an almost daily basis, as an independent investigative journalist — for 20 months under President Bush, and, shockingly, for what is now five and a half years under President Obama.

My mission, as it has been since my research first revealed the scale of the injustice at Guantánamo, continues to revolve around four main aims — to humanize the prisoners by telling their stories; to expose the many lies told about them to supposedly justify their detention; to push for the prison’s closure and the absolute repudiation of indefinite detention without charge or trial as US policy; and to call for those who initiated, implemented and supported indefinite detention and torture to be held accountable for their actions.

As I highlight every three months through my quarterly fundraising appeals, I have undertaken the lion’s share of this work as a reader-supported journalist and activist, so if you can support my work please click on the “Donate” button above to donate via PayPal. Read the rest of this entry »

Canadian Appeals Court Rules That Former Guantánamo Prisoner Omar Khadr Should Be Serving a Youth Sentence

Good news about Guantánamo is rare –  whether regarding those still held, or those released — so it was reassuring to hear this week that the Court of Appeal in Alberta, Canada, delivered a major blow to the Canadian government’s efforts to hold former prisoner Omar Khadr in federal prison rather than in a provincial jail. Khadr is serving an eight-year sentence handed down in a plea deal at his trial by military commission in Guantánamo in October 2010, and has been held in federal prisons since his return to Canada, where he was born in 1986.

The 27-year old was just 15 years old when he was seized in Afghanistan after a firefight with US forces in a compound. He had been taken there, and deposited with some adults, by his father, but on his capture, when he was severely wounded, he was abused in US custody and eventually put forward for a war crimes trial, even though, as a juvenile at the time of the alleged crime, he should have been rehabilitated rather than punished according to an international treaty on the rights of the child signed by the US (and by Canada), even though there is no evidence that the allegation that he threw a grenade that killed a US soldier is true, and even though there is no precedent for claiming that a combat death in an occupied country is a war crime.

Khadr has since explained that he only agreed to the plea deal because he could see no other way of ever getting out of Guantánamo, and last November, via his US civilian lawyer, Sam Morison, he appealed in the US for his conviction to be overturned. In recent years, US appeals court judges have delivered two devastating rulings, overturning two of the only convictions secured in the military commissions, in the cases of Salim Hamdan and Ali Hamza al-Bahlul, on the basis that the war crimes for which the men were convicted were not war crimes at the time the legislation authorizing the commissions was passed — and had, in fact, been invented by Congress. Read the rest of this entry »

The 9/11 Trial at Guantánamo: The Dark Farce Continues

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.

In two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.

Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”

Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »

The Rule of Law Oral History Project: How the Guantánamo Prisoners Have Been Failed by All Three Branches of the US Government

Two days ago I posted excerpts from an interview about Guantánamo and my work that I undertook as part of The Rule of Law Oral History Project, a five-year project run by the Columbia Center for Oral History at Columbia University Library in New York, which was completed at the end of last year.

In this follow-up article I’m posting further excerpts from my interview — with Anne McClintock, Simone de Beauvoir Professor of English and Women’s and Gender Studies at the University of Wisconsin-Madison — although, as in the previous article, I also encourage anyone who is interested in the story of Guantánamo and the “war on terror” — and the struggle against the death penalty in the US — to visit the website of The Rule of Law Oral History Project, and to check out all 43 interviews, with, to name but a few, retired Justice John Paul Stevens of the Supreme Court; A. Raymond Randolph, Senior Judge in the US Court of Appeals for the D.C. Circuit; Ricardo M. Urbina and James Robertson, retired Senior Judges in the US District Court for the District of Columbia; Lawrence B. Wilkerson, Former Chief of Staff to Secretary of State Colin Powell; Joseph P. Hoar, Former Commander-in-Chief, United States Central Command (CENTCOM); former military commission prosecutor V. Stuart Couch and former chief prosecutor Morris D. Davis; Brittain Mallow, Commander, Criminal Investigation Task Force, and Mark Fallon, Deputy Commander, Criminal Investigation Task Force. Also included are interviews with former prisoners, lawyers for the men, psychologists and a psychiatrist, journalists and other relevant individuals.

In this second excerpt from the interview, I explain how, at the time Anne and I were talking (in June 2012), the situation for the Guantánamo prisoners had reached a new low point, as the Supreme Court had just failed to take up any of the appeals submitted by seven of the men still held. These all related to the men’s habeas corpus petitions, and the shameful situation whereby, for ideological reasons, primarily related to fearmongering, a handful of appeals court judges, in the D.C. Circuit Court, had effectively ordered District Court judges to stop granting habeas corpus petitions submitted by the prisoners (after the prisoners secured 38 victories), by demanding that anything that purported to be evidence submitted by the government — however risible — be given the presumption of accuracy unless it could be specifically refuted. Read the rest of this entry »

Andy Worthington’s Interview about Guantánamo and Torture for Columbia University’s Rule of Law Oral History Project

Read my full interview here.

On Independence Day in the US, I’d like to direct readers to a wonderful resource, The Rule of Law Oral History Project, undertaken by the Columbia Center for Oral History at Columbia University Library in New York. The project’s website explains that The Rule of Law Oral History Project was “initiated in 2008 to explore and document the state of human and civil rights in the post-9/11 world. In its first year, the project conducted a series of interviews with attorneys in order to document legal challenges against capital punishment in the United States. Recognizing important intersections between litigation challenging the administration of capital punishment and the legal architecture of post-9/11 detention policies and practices, the Rule of Law Oral History Project expanded in 2010 to study the statutory and constitutional challenges of the use of the detention facilities at Guantánamo Bay.”

I was interviewed for this project two years ago by Anne McClintock, a delightful interviewer who is Simone de Beauvoir Professor of English and Women’s and Gender Studies at the University of Wisconsin-Madison, and who was very generous in support of my work, as this exchange shows:

Q (Anne): [D]o you know Adam Hochschild?

Worthington: No.

Q: A wonderful writer. He wrote a fabulous book called King Leopold’s Ghost. He’s a historian; he’s a journalist at [University of California] Berkeley. But he talks about the great forgettings of history, and I think U.S. history is a history that’s based on cultural amnesia. That’s why I think your work is so extraordinarily important because you’re taking this forgotten history, the great forgettings, and you’re insisting in recalling it to memory. Read the rest of this entry »

For Ramadan, Please Write to the Prisoners in Guantánamo, Forgotten Again

Every six months, I ask people to write to the prisoners in Guantánamo, to let them — and the US authorities — know that they have not been forgotten.

The letter-writing campaign was started four years ago by two Facebook friends, Shahrina J. Ahmed and Mahfuja Bint Ammu, and it has been repeated every six months (see here, here, here, here, here and here). This latest campaign also coincides with the holy month of Ramadan, which began on June 29.

Guantánamo remains a legal, moral and ethical abomination, a place where the men still held — 149 in total — are, for the most part, indefinitely imprisoned without charge or trial, even though over half of them — 75 men — were cleared for release in January 2010 by the high-level, inter-agency Guantánamo Review Task Force established by President Obama when he took office in 2009, and three others were cleared for release in recent months by a new review process, the Periodic Review Boards.

In 2010, the task force recommended who to release, who to prosecute, and who to continue holding without charge or trial, on the extremely dubious basis that they were “too dangerous to release,” even though insufficient evidence existed to put them on trial. What this means, of course, is that the supposed evidence is no such thing, and consists largely of extremely unreliable statements made either by the prisoners themselves, or their fellow prisoners, in circumstances that were not conducive to telling the truth — involving the use of torture, for example, or other forms of abuse, and in some cases, bribery, when prisoners told lies to secure favorable treatment. Read the rest of this entry »

Guantánamo Lawyers Urge Obama Administration to Approve Release of Six Men to Uruguay

Lawyers for six prisoners at Guantánamo — four Syrians, a Palestinian and a Tunisian, who have long been cleared for release from the prison, but are unable to return home — sent a letter to the Obama administration on Thursday calling for urgent action regarding their clients. I’m posting the full text of the letter below.

It’s now over three months since President José Mujica of Uruguay announced that he had been approached by the Obama administration regarding the resettlement of five men — later expanded to six — and was willing to offer new homes to them. I wrote about the story here, where I also noted that one of the men is Abu Wa’el Dhiab, a Syrian man, consigned to a wheelchair as a result of his suffering at Guantánamo. Dhiab is on a hunger strike and being force-fed, and has, in recent months, mounted a prominent legal challenge to his treatment, securing access for his lawyers to videotapes showing his force-feeding and violent cell extractions. The other Syrians are Abdelhadi Faraj (aka Abdulhadi Faraj), Ali Hussein al-Shaaban and Ahmed Adnan Ahjam, the Palestinian is Mohammed Taha Mattan (aka Mohammed Tahamuttan), and the Tunisian, whose identity is revealed for the first time, is Adel El-Ouerghi (aka Abdul Ourgy (ISN 502)).

All six men were cleared for release from the prison in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in 2009, and in their letter the lawyers provided detailed explanations of how the deal has progressed since first being mooted late last year and how it appeared to be confirmed months ago, before it had first been mentioned publicly. “In February,” they wrote, “some or us were informed that, while it was not possible to ascertain precisely when transfer would occur, it was ‘a matter of weeks, not months.’” Read the rest of this entry »

Saudi Prisoner Muhammad Al-Zahrani Seeks Release from Guantánamo via Periodic Review Board

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 week, largely unnoticed in the mainstream media, a Periodic Review Board (PRB) took place — at a military location in Virginia — for Muhammad Murdi lssa al-Zahrani, one of the last Saudi nationals held in the prison, who joined the board — and was visible to the handful of media representatives in attendance — via video link from Guantánamo. 44 or 45 years old, he was seized in a house raid in Lahore, Pakistan, at the end of March 2002.

The PRBs — 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 last year to review the cases of 71 prisoners designated for ongoing imprisonment without charge or trial — or for trials that were later dropped — in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in 2009.

Those prisoners who were designated for ongoing imprisonment without charge or trial had those designations made on the basis that they were “too dangerous to release,” even though insufficient evidence existed to put them on trial — highlighting, to acute observers, that there are fundamental problems with the so-called evidence. Read the rest of this entry »

“I Had Trouble Sleeping,” Lawyer Says After Viewing Guantánamo Force-Feeding Videos

On the weekend of June 14/15, as I explained in an article last week, lawyers for Abu Wa’el Dhiab, a Syrian prisoner at Guantánamo who is on a hunger strike and being force-fed, began watching videos of their client’s force-feeding and “forcible cell extractions” — when prisoners are violently removed from their cells by a riot squad — which a US judge, District Judge Gladys Kessler, had ordered to be released to the lawyers a month ago. It is important to note that, previously, no lawyer for the prisoners has ever been allowed to view videotapes of force-feeding or violent cell extractions.

Prior to viewing the videos — at a “secure facility” run by the Pentagon in Virginia, where lawyers have to go to view any classified documentation related to their clients — Cori Crider of Reprieve, the legal action charity whose lawyers represent Dhiab, along with Jon B. Eisenberg in the US, described how she expected the content of the tapes “to be upsetting.”

After viewing them, Crider delivered a powerful statement about how disturbing the tapes are. “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them,” she said, adding, “I have no doubt that if President Obama forced himself to watch them, he would release my client tomorrow.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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