Periodic Review Board Decides Yemeni at Guantánamo Still Poses A Threat 14 Years After Capture

Guantanamo prisoner Suhayl al-Sharabi (aka Zohair al-Shorabi) 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, 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.

In its latest “Unclassified Summary of Final Determination,” a Periodic Review Board at Guantánamo — a high-level review process involving 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 — decided, by consensus, that “continued law of war detention” of Suhayl Abdul Anam al-Sharabi (aka Zohair al-Shorabi, ISN 569), a 38- or 39-year old Yemeni, “remains necessary to protect against a continuing significant threat to the security of the United States.”

The decision, dated March 31, 2016, and following on from his PRB on March 1, is not entirely surprising for two reasons — firstly, because of allegations levelled against al-Sharabi, suggesting that he was actually involved with terrorists, unlike the majority of prisoners held at Guantánamo since the prison opened in January 2002, and, coupled with this, a failure on his part to show contrition, and to come up with a plan for his future.

In its determination, the board stated that its members had “considered the detainee’s past involvement with terrorist activities to include contacts with high-level al Qaeda figures, living with two of the 9/11 hijackers in Malaysia, and possible participation in KSM’s plot to conduct 9/11-style attacks in Southeast Asia. The Board noted the detainee’s refusal to admit the extent of his past activities, as well as his evasive and implausible responses to basic questions. Further, the Board considered the detainee’s defiant behavior while in detention, which has only recently changed to be more compliant, and the detainee’s lack of a credible plan for the future.” Read the rest of this entry »

Fugitive From Justice: A Timeline of the Crimes Committed by Guantánamo’s Torture Chief, Maj. Gen. Geoffrey Miller, As He Fails to Show Up at a French Court

Maj. Gen. Geoffrey Miller, photographed in Baghdad on May 17, 2004 (Photo: AFP/Damir Sagol).In the long quest for accountability for those who ordered and implemented the crimes committed by the United States since 9/11 in its brutal and counter-productive “war on terror,” victory has so far proven elusive, and no one has had to answer for the torture, the extraordinary rendition, the CIA “black sites,” the proxy torture prisons elsewhere, the shameful disregard of the Geneva Conventions and the embrace of indefinite imprisonment without charge or trial that has been such a shame and disgrace for anyone not blinded by the violence and vengeance that have consumed so much of the US’s actions and attitudes in the last 14 and a half years.

In the US itself, President Obama made it clear from the beginning that he was looking forwards and not backwards when it came to accountability, as though sweeping the crimes mentioned above under the carpet would remove their poison from infecting US society as a whole. An early example of refusing to allow any victims of extraordinary rendition and torture anywhere near a courtroom was the Obama administration, in 2009 (and into 2010), invoking the “state secrets doctrine” (a blanket denial of any effort to challenge the government’s actions) to prevent the British resident and torture victim Binyam Mohamed and others from challenging the Boeing subsidiary Jeppesen for its role as the CIA’s travel agent for torture.

In February 2010, President Obama also allowed a Justice Department fixer to override the conclusions of an ethics investigation into John Yoo and Jay Bybee, who wrote and approved the 2002 “torture memos” that cynically purported to redefine torture so it could legally be used by the CIA. The investigation had concluded that they were guilty of “wrongful conduct,” but they received only a slapped wrist after Deputy Attorney General David Margolis concluded instead that they had merely exercised “poor judgment.” Read the rest of this entry »

Who Are the Two Libyans Freed from Guantánamo and Given New Homes in Senegal?

Salem Gherebi, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.On April 3, two Libyans — former opponents of Colonel Gaddafi, who was overthrown in 2011 — were freed from Guantánamo and resettled in Senegal, whose Ministry of Foreign Relations issued a statement pointing out that the two men were granted “asylum … in accordance with the relevant conventions of international humanitarian law, also in the tradition of Senegalese hospitality and Islamic solidarity with two African brothers who have expressed interest in resettlement in Senegal after their release.”

The two men — Omar Mohamed Khalifh, 44 (ISN 695), and Salem Gherebi, 55 (ISN 189) — are the first former prisoners to be resettled in the west African country, and with their release 89 men remain in Guantánamo, of whom 35 have been approved for release — 23 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, and 12 other approved for release since January 2014 by another high-level review process, the Periodic Review Boards.

Khalifh, also identified as Omar Khalif, went before a Periodic Review Board in June 2015 and was approved for release in September, bringing freedom within sight for an amputee with numerous other health problems who, as the Libyan-born British resident Omar Deghayes (released from Guantánamo in December 2007) told me in 2010, was not who the Americans thought he was: Read the rest of this entry »

20th Guantánamo Prisoner – Part of the Non-Existent “Karachi Six” – Approved for Release by Review Board; 5th Man’s Detention Upheld

Ayub Salih (aka Ayoub Saleh), in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, the Periodic Review Boards at Guantánamo made two decisions — to recommend one prisoner for release, and to recommend another for ongoing imprisonment. The decisions mean that, since the PRBs began in November 2013, 20 prisoners have now been approved for release, while five have had their ongoing imprisonment recommended, a success rate, for the prisoners, of 80%.

This is all the more remarkable — and all the more damaging for the government’s credibility — because the PRBs were established to review the cases of all the men not recommended for trials, and not already approved for release (by the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009) — men who were described as “too dangerous to release”; a description that, it now transpires, was patently untrue, as myself and other commentators remarked at the time.

The task force itself acknowledged that it had insufficient evidence to put these men on trial, which alarmed those of us paying close attention, as it obviously meant that what purported to be evidence was not evidence at all, but a collection of dubious statements made by the prisoners themselves, or by their fellow prisoners, possibly involving the use of torture or other forms of abuse, or assessments that, because of their behavior, and threats they may have made while at Guantánamo, it was unsafe to release them. It should be noted that these assessments of the threat level may or may not have been true, because, of course, men treated as appallingly as the Guantánamo prisoners have been might not have posed a threat, but might only have been extremely indignant about the circumstances of their imprisonment. Read the rest of this entry »

The American Lawyer’s Six Guantánamo Bar Profiles: Thomas Wilner, David Remes, Jennifer Cowan, Wells Dixon, David Nevin and Lee Wolosky

Thomas Wilner of Shearman & Sterling (Photo: Diego M. Radzinschi).

The November 2015 issue of The American Lawyer featured a “Special Report: The Guantánamo Bar,” consisting of six interviews with attorneys who have worked on Guantánamo. I’m cross-posting them below, as I think they will be of interest, and I also estimate that many of you will not have come across them previously.

The six lawyers featured were: Thomas Wilner of Shearman & Sterling; David Remes, formerly of Covington & Burling; Jennifer Cowan of Debevoise & Plimpton; J. Wells Dixon of the Center for Constitutional Rights; Public Defender David Nevin; and Lee Wolosky of Boies, Schiller & Flexner. Wolosky was appointed last June as the White House’s special envoy for Guantánamo closure, while the rest have represented prisoners held at Guantánamo.

Thomas Wilner represented a number of Kuwaiti prisoners, and also represented the prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. He is co-founder, with me, of the Close Guantánamo campaign, launched in January 2012, through which, for the last four years, we have been attempting to educate people about why Guantánamo must be closed, and who is held there, and I’m pleased to note that The American Lawyer described him as “the most vocal proponent in the Guantánamo bar for the closure of the offshore prison.” Read the rest of this entry »

In the Countdown to Close Guantánamo, Photos Remind President Obama He Has Just 300 Days Left

Steve Lane, from Bethesda, Maryland, supports the Countdown to Close Guantanamo.

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.

As an additional point of interest, this is my 2600th post since I began writing articles about Guantánamo on a full-time basis in May 2007. If you wish to make a donation to support my work, most of which is reader-funded, then please feel free to do so — I am still hoping to raise $1100 of my $3500 target for the next three months. Click on the ‘Donate’ button below to make a donation via PayPal.

Yesterday, March 25, marked 300 days until the end of Barack Obama’s Presidency, and, to mark the occasion, celebrities and concerned citizens across the US and around the world have been taking photos of themselves with posters, as part of the Countdown to Close Guantánamo campaign, reminding President Obama that he has just 300 days left to close the prison, as he promised to do on his second day in office back in January 2009. The poster is here, and you can send it to us here.

The actors David Morrissey and Juliet Stevenson, and the lawyer Clive Stafford Smith, the founder of Reprieve, which represents men still held at Guantánamo, are supporting the campaign, along with around 80 other people from the US and elsewhere, who, to date, have sent in photos of themselves with posters reminding the president that he has just 300 days left, to add to the 180 photos sent in when the campaign was launched in January, and marking 350 days last month. All the photos are available on the website here and here, and some are also on our Facebook and Twitter pages.

The Countdown to Close Guantánamo is an initiative of the Close Guantánamo campaign, which I founded in January 2012 (as a journalist, activist and Guantánamo expert) with the attorney Tom Wilner, who represented the Guantánamo prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. I launched the Countdown to Close Guantánamo in January this year with music legend Roger Waters (ex-Pink Floyd) on Democracy Now! Read the rest of this entry »

Please Ask Your MPs to Support Caroline Lucas’s Early Day Motion Calling for the Closure of Guantánamo

Caroline Lucas MP (Green, Brighton Pavilion) supporting the We Stand With Shaker campaign in February 2015, with a poster for Valentine's Day declaring, "There is no love in Guantanamo." In March 2016, Caroline launched a new Early Day Motion calling for the closure of Guantanamo.

Contact your MP here.

Last week, Britain’s Green MP, Caroline Lucas, with the support of five other MPs, tabled an Early Day Motion (EDM 1260), entitled, ‘The Closure of Guantánamo Bay,’ which states, “That this House welcomes President Obama’s latest plan to fulfil his pledge to close Guantánamo Bay by the end of his Presidency; notes that this is President Obama’s last year in office and that his first executive order in January 2009 was to close Guantánamo; further notes that a recent US Senate report recognised the systematic use of torture in Guantánamo; believes that Guantánamo is now synonymous with torture, rendition and indefinite detention, rendering it a symbol of human rights abuses; further welcomes the release and return to the UK of British resident Shaker Aamer from nearly 14 years imprisonment in Guantánamo without charge or trial, but notes that 91 prisoners remain in Guantánamo; notes that many of these have been cleared for release without charge or trial so should be released without delay; further believes that the remaining detainees should have their full human rights restored and should either be released to countries that will respect their human rights or be given a fair trial; and urges the Government to support President Obama’s effort to close Guantánamo Bay but oppose any moves simply to relocate detainees from Guantánamo to another detention facility in the US.”

This is a comprehensive synopsis of the situation at Guantánamo with just 300 days left of the Obama Presidency, as currently highlighted by the Countdown to Close Guantánamo that I launched in January with music legend Roger Waters — mentioning the 91 men still held, even though 36 of them have been approved for release, the Senate Torture Report, and of course the release of Shaker Aamer.

Caroline has persistently opposed the existence of Guantánamo, tabling Early Day Motions calling for the prison’s closure in 2010 and 2011 (EDM 1093 and EDM 2558), and she was also one of the founding members of the All-Party Shaker Aamer Parliamentary Group set up by John McDonnell MP (Labour, Hayes and Harlington) in November 2014, which played a major role in securing the release of Shaker Aamer from Guantánamo last October. Read the rest of this entry »

29th Periodic Review Board at Guantánamo – for Sharqawi Ali Al-Hajj, Alleged Al-Qaeda Facilitator

Yemeni prisoner Sharqawi Abdu Ali al-Hajj, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.

Last week, Sharqawi Abdu Ali Al-Hajj (aka Abdu Ali Sharqawi), a 41-year old Yemeni, became the 29th Guantánamo prisoner to have his case considered by a Periodic Review Board, the review process that, since 2013, has been reviewing the cases of all the prisoners not facing trials (just ten men) and those 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.

Of the 91 men currently held, 24 were approved for release by the task force but are still held, while 12 others have been approved for release by Periodic Review Boards. Discounting the ten facing trials, that leaves 45 men awaiting PRBs, or the results of PRBs, which, it seems certain, will add to the number of men approved for release.

23 men have so far had decisions taken on their PRBs, and in 19 of those cases the review boards have recommended them for release, a success rate of 83%. What ought to make this shameful for the administration is that the men facing PRBs were described by the task force as “too dangerous to release” six years ago, but those claims have unravelled under further scrutiny. At the time, the task force accepted that it was holding men who couldn’t be put on trial, because the information used to defend their detention wouldn’t stand up in a court, but refused to acknowledge that this meant that it was fundamentally unreliable. The task force also regarded men as dangerous based on their resistance in Guantánamo, but the PRBs are now functioning more like a parole process, and allowing prisoners the opportunity to demonstrate why they do not pose a threat, and will not pose a threat  in the future. Read the rest of this entry »

Saifullah Paracha, Pakistani Businessman and “Very Compliant” Prisoner, Faces Guantánamo Review Board

A photo of Guantanamo prisoner Saifullah Paracha, taken by representatives of the International Committee of the Red Cross, and made available to his family.I wrote the following article — as “Guantánamo Review Board for Saifullah Paracha, Pakistani Businessman and ‘Very Compliant’ Prisoner, Kidnapped in Thailand in 2003” — 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 Saifullah Paracha, a Pakistani businessman, and, at 68 years of age, Guantánamo’s oldest current prisoner, became the 28th Guantánamo prisoner to have his potential release considered by a Periodic Review Board (see our full list here). This review process was set up in 2013 to review the cases of all the prisoners not facing trials (just ten men) or already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010, when almost two-thirds of the remaining prisoners — 156 out of 240 — were recommended for release, or, to use the task force’s careful wording, were “approved for transfer subject to appropriate security measures.”

Of the 28, five decisions have yet to be made, but of the 23 others the success rate for these men securing approval for their release is extremely high — 83% — with 19 men having their release recommended. What makes these decisions particularly important is that they puncture the rhetoric that has surrounded these men — both under George W. Bush, with the glib dismissal of everyone at Guantánamo as “the worst of the worst,” and under Barack Obama, with his task force’s conclusion (more worrying because of its veneer of authority) that 48 of those eligible for PRBs were “too dangerous to release,” even though it was also acknowledged that insufficient evidence existed to put them on trial; in other words, that it was not reliable evidence at all.

In attempting to justify its decisions, the task force noted that its members had relied on “the totality of available information — including credible information that might not be admissible in a criminal prosecution — [which] indicated that the detainee poses a high level of threat that cannot be mitigated sufficiently except through continued detention.” Read the rest of this entry »

Yemeni Is 27th Guantánamo Prisoner to Face Periodic Review Board; 4th Man Has Detention Upheld, 36 Others Await Reviews

Guantanamo prisoner Zohair al-Shorabi (aka Suhayl al-Sharabi) in a photo included in the classified military files released by WikiLeaks in 2011. Al-Shorabi's Periodic Review Board was on March 1, 2016.

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In the long-running saga of ascertaining who is held at Guantánamo, and what should happen to them, the Bush administration’s refusal to recognize domestically and internationally accepted norms governing the treatment of prisoners continues to cast a long and baleful shadow over proceedings.

In the summer of 2004, in a rebuke to the Supreme Court, which granted the prisoners habeas corpus rights in a ruling in June of that year (in Rasul v. Bush), the Bush administration instigated Combatant Status Review Tribunals, intended, for the most part, to rubber-stamp the prisoners’ prior designation as “unlawful enemy combatants,” who could be held without any rights whatsoever. These were followed by Administrative Review Boards, with much the same function.

When he took office in 2009, President Obama set up a high-level, inter-agency review process, the Guantánamo Review Task Force, as a result of which 48 men were recommended for ongoing imprisonment without charge or trial.

In March 2011, President Obama issued an executive order authorizing these men’s ongoing imprisonment, but promising them further reviews to be completed within a year. Shamefully, these did not begin until November 2013, but since then the reviews — the Periodic Review Boards — have been reviewing these men’s cases, and have also begun to review the cases of 25 other men initially recommended for prosecution by the task force, until the basis for prosecution spectacularly collapsed under scrutiny in the appeals court in Washington, D.C. 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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