It’s Ten Years Since the Supreme Court Granted Habeas Corpus Rights to the Guantánamo Prisoners, a Legal Triumph Until a Lower Court Took Them Away

Protestors with Witness Against Torture outside the Supreme Court calling for the closure of Guantanamo on Jan. 11, 2017, the 15th anniversary of the prison's opening (Photo: Andy Worthington).Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Exactly ten years ago, I was briefly working for the human rights organization Reprieve, when a wonderful ruling came out of the US Supreme Court. In Boumediene v. Bush, the Court held that efforts by Congress to quash the habeas corpus rights that they had granted the prisoners in 2004, in Rasul v. Bush, had been unconstitutional, and asserted that the prisoners had constitutionally guaranteed habeas corpus rights.

We were overjoyed with the result, and for good reason. Although the Rasul ruling had allowed lawyers into Guantánamo, a derisory response by the Bush administration — the Combatant Status Review Tribunals, administrative military reviews designed to rubber-stamp the prisoners’ blanket designation, on capture, as “enemy combatants” — and Congress’s obstructions, via the Detainee Treatment Act of 2005, and the Military Commissions Act of 2006, had prevented habeas cases from proceeding to the courts, as I explained at the time in my article, The Supreme Court’s Guantánamo ruling: what does it mean?

In the ruling, Justice Anthony Kennedy, delivering the Court’s majority opinion, ruled that the “procedures for review of the detainees’ status” in the DTA “are not an adequate and effective substitute for habeas corpus,” and that therefore the habeas-stripping component of the MCA “operates as an unconstitutional suspension of the writ.” Read the rest of this entry »

Quarterly Fundraiser Day 1: Seeking $2,500 (£2,000) to Support My Work on Guantánamo and Social Justice Over the Next Three Months

A screenshot of Andy Worthington calling for the closure of Guantanamo outside the White House on January 11, 2018.Please click on the ‘Donate’ button below if you can make a donation towards the $2,500 (£2,000) I’m trying to raise to support my work on Guantánamo over the next three months of the Trump administration.

 

Dear friends and supporters,

It’s that time of the year when I ask you, as I do every three months, to make a donation if you can to support my work as an independent researcher, writer, commentator and activist (and also as a photographer and musician) — primarily on Guantánamo, but also in relation to social justice issues in the UK.

If you can help out at all, please click on the “Donate” button above to make a payment via PayPal. Any amount will be gratefully received — whether it’s $500, $100, $25 or even $10 — or the equivalent in any other currency. 

You can also make a recurring payment on a monthly basis by ticking the box marked, “Make this a monthly donation,” and if you are able to do so, it would be very much appreciated. Read the rest of this entry »

Remembering Guantánamo’s Dead, 12 Years After the Three Notorious Alleged Suicides of June 2006

Yasser al-Zahrani and Ali al-Salami, two of the three Guantanamo prisoners who died in June 2006, allegedly by committing suicide. No photo of the third man, Mani al-Utaybi, has ever surfaced.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Today, as we approach a terrible milestone in Guantánamo’s history — the 6,000th day of the prison’s existence, this coming Friday, June 15 — we also have reason to reflect on those who were neither released from the prison, nor are still held — the nine men who have died there since the prison opened, 5,995 days ago today.

On June 10, 2006 — exactly 12 years ago — the world was rocked by news of the first three of these deaths at Guantánamo: of Yasser al-Zahrani, a Saudi who was just 17 when he was seized in Afghanistan in December 2001, of Mani al-Utaybi, another Saudi, and of Ali al-Salami, a Yemeni.

The three men were long-term hunger strikers, and as such had been a thorn in the side of the authorities, encouraging others to join them in refusing food. Was this enough of them to be killed? Perhaps so. The official story is that they killed themselves in a suicide pact, their deaths, as Guantánamo’s commander, Adm. Harry Harris Jr., ill-advisedly claimed at the time, “an act of asymmetrical warfare against us,” and “not an act of desperation.” Read the rest of this entry »

June 15 Marks 6,000 Days of Guantánamo: Join Us in Telling Donald Trump, “Not One Day More!”

20 of the people who have supported the campaign to tell Donald Trump to close Guantanamo in 2018, via the Gitmo Clock, which counts how long the prison has been open in real time.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

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 Friday, June 15, 2018, is a bleak day for anyone who cares about justice and the rule of law, because the prison at Guantánamo Bay, where men are, for the most part, held indefinitely without charge or trial, will have been open for 6,000 days; or, to put it another way, 16 years, five months and four days. We hope you will join us in making some noise to mark this sad milestone in America’s modern history.

All year we’ve been running the Gitmo Clock, which counts, in real time, how long Guantánamo has been open, and in connection with that, we’ve made posters available every 25 days showing how long the prison has been open, and inviting suporters of Guantánamo’s closure to take photos with them, and to send them to us. The poster for 6,000 days is here. Please print it off, take a photo with it, ask your family and friends to do the same, and send the photos to us. We will add them to the photos we’ve been publishing all year, which can be found here. 

How long is 6,000 days?

To give you some idea of how long 6,000 days is, try to remember what you were doing on January 11, 2002, when the prison opened. Perhaps you weren’t yet born, or perhaps, like me, you have sons or daughters who were just toddlers when those first photos of orange-clad, sensorily-deprived prisoners kneeling in the Caribbean sun as US soldiers barked orders at them were first released. My son is now 18 years old — nearly 18 and a half, in fact — but he was just two when Guantánamo opened. Read the rest of this entry »

European Court of Human Rights Condemns Romania and Lithuania for CIA “Black Sites” Where Abu Zubaydah and Abd Al-Rahim Al-Nashiri Were Tortured

Abu Zubaydah and Abd al-Rahim al-Nashiri, two prisoners held in secret CIA "black sites" in Lithuania and Romania, whose governments were condemned for their involvement in the "black sites" and torture in two devastating rulings delivered by the European Court of Human Rights in May 2018.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

In two devastating rulings on May 31, the European Court of Human Rights found that the actions of the Romanian and Lithuanian governments, when they hosted CIA “black sites” as part of the Bush administration’s post-9/11 torture program, and held, respectively, Abd al-Rahim al-Nashiri and Abu Zubaydah, who have both been held at Guantánamo since September 2006, breached key articles of the European Convention on Human Rights; specifically, Article 3, prohibiting the use of torture, Article 5 on the right to liberty and security, Article 8 on respect for private life, and Article 13 on the right to an effective legal remedy.

The full rulings can be found here: Abu Zubaydah v. Lithuania and Al-Nashiri v. Romania.

In the case of al-Nashiri, who faces a capital trial in Guantánamo’s military commission trial system, as the alleged mastermind of the bombing of USS Cole in 2000, in which 17 US sailors died, the Court also found that the Romanian government had denied him the right to a fair trial under Article 6 of the ECHR, and had “exposed him to a ‘flagrant denial of justice’ on his transfer to the US,” as Deutsche Welle described it, adding that the judges insisted that the Romanian government should “seek assurances from the US that al-Nashiri would not be sentenced to the death penalty, which in Europe is outlawed.” Abu Zubaydah, it should be noted, has never been charged with anything, even though the torture program was initially created for him after his capture in a house raid in Pakistan in March 2002. At the time, the US authorities regarded him as a senior figure in Al-Qaeda, although they subsequently abandoned that position. Read the rest of this entry »

Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

No Justice at Guantánamo: The Release of Ahmed Al-Darbi, and Moazzam Begg’s Reflections

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken at Guantanamo by representatives of the International Committee of the Red Cross.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

At the start of this month, Donald Trump transferred his first prisoner out of Guantánamo, the Saudi citizen Ahmed al-Darbi, who was repatriated as part of a plea deal arranged in his military commission proceedings in February 2014. However, he did not return home a free man, as, in his homeland, he will serve the remainder of a 13-year sentence agreed in his plea deal.

As I explained in an article at the time, “Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year. However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals.”

Al-Darbi’s transfer saved the only functioning part of the otherwise broken military commission trial system, which is incapable of delivering justice in an actual trial, given that the men in question, although accused of serious crimes, were lavishly subjected to torture over a number of years, and the use of torture, to be blunt, fundamentally undermines any possibility of a fair and just trial. Read the rest of this entry »

The Horrors of Guantánamo Eloquently Explained By A High School Teacher to Readers of Teen Vogue

Former Guantanamo prisoners Lakhdar Boumediene and Mustafa Ait Idir, photographed with their sons in 2011 and 2012.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

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, a powerful and eloquent condemnation of the prison at Guantánamo Bay was published in Teen Vogue. As a lawyer friend explained, “For the past couple of years, Teen Vogue has been doing a fantastic job reporting on political and social issues — their election and Muslim ban coverage was and is excellent.”

The article, which we’re cross-posting below in the hope of reaching a slightly different audience, was written by Dan Norland, a high school history teacher who knows how to talk to young people, and who, like Teen Vogue’s editors, understands that young people are often much more capable of critical, open-minded thought than their elders — something I perceived in relation to Guantánamo many years ago, as discussed in my 2011 article, The 11-Year Old American Girl Who Knows More About Guantánamo Than Most US Lawmakers.

Dan is not only a high school teacher; he also helped two former Guantánamo prisoners — two Algerians kidnapped in Bosnia in 2002 in connection with a completely non-existent terrorist plot — write a searing account of their imprisonment and torture, Witnesses of the Unseen: Seven Years in Guantánamo, which was published last year, and for which I was delighted to have been asked by the publishers to write a review, which I did. Read the rest of this entry »

Ten Years After His Release From Guantánamo, Sami al-Hajj Publishes His Compelling Memoir, ‘Prisoner 345,’ Free Via Al-Jazeera

'Prisoner 345': the front cover of Al-Jazeera journalist Sami al-Hajj's account of his six and a half years in US custody in the "war on terror," in Afghanistan and at Guantanamo. Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Just over ten years ago, on May 1, 2008, one of the better-known prisoners at Guantánamo, the Al-Jazeera cameraman Sami al-Hajj (aka al-Haj), was freed from the prison and repatriated to his home country of Sudan. I meant to mark the occasion with an article, but, at the time, I was caught up in issues involving my campaigning for social housing in the UK, and the local government elections that took place on May 3.

Now, however, belatedly, I’m getting round to it, as I want to promote ‘Prisoner 345: My Six Years in Guantánamo,’ Sami’s powerful and emotional account of his capture and imprisonment, which is available for free as a PDF via Al-Jazeera.

Sami’s story was of particular interest during his imprisonment because he was working for Al-Jazeera as a journalist and cameraman at the time of his capture, and his captors quite shamelessly tried to get him to work for them instead — as well as very publicly threatening the Qatar-based channel by imprisoning, without charge or trial, one of their journalists. Read the rest of this entry »

With Transfer of Ahmed Al-Darbi to Saudi Arabia, Guantánamo’s Population Drops to 40; No New Arrivals on Horizon

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

So there was good news on Wednesday, when the Pentagon announced that Ahmed al-Darbi, a Saudi citizen in Guantánamo, had been repatriated, to serve out the rest of a 13-year sentence that he was given as the result of a plea deal that he agreed in his trial by military commission in February 2014.

Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year.

However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals. 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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