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 »
Last Thursday, two days after Saeed Bakhouche, an Algerian, sought release from Guantánamo via a Periodic Review Board, a high-level, inter-agency US government review process, established in 2013, another Algerian, Sufyian Barhoumi, also went before a PRB to ask for his freedom, and was the 41st prisoner to do so. Of the 30 decisions already taken, 23 have resulted in recommendations for the prisoners’ release, while just seven have resulted in recommendations for the men’s continued detention — and even those are subject to further review. This is a success rate for the prisoners of 77%, thoroughly undermining the excessive caution and misplaced zeal for prosecution that, in 2010, led the previous high-level review process, the Guantánamo Review Task Force, to describe the men who were later made eligible for PRBs as “too dangerous to release” or as candidates for prosecution.
The former were largely groundless claims, in a prison full of statements obtained through torture and other forms of coercion, while the latter was based on a mistaken understanding of what constitutes war crimes, spelled out in a number of appeals court rulings in 2012 and 2013, which humiliated the government by dismissing some of the handful of convictions secured in the military commission trial system on the embarrassing basis that the war crimes for which the men in question has been convicted had actually been invented by Congress.
Barhoumi, whose prisoner number is 694, is 41 years old, and, as his lawyers at the Center for Constitutional Rights explain, he was “born and raised in Algiers, where his mother still lives and his late father practiced law.” CCR also explain that, as a young man, he “lived in various countries in Europe – Spain, France, and England – as a farm worker and then a street merchant for about four years,” before traveling to Afghanistan, and then Pakistan, where he ended up in US custody. Read the rest of this entry »
On Tuesday May 24, Saeed Bakhouche, a 45-year old Algerian who has been held in the US prison at Guantánamo Bay since June 2002, became the 40th prisoner to face a Periodic Review Board at Guantánamo.
Like many Guantánamo prisoners, Bakhouche has also been known by another name – in his case, Abdel Razak Ali, a name he gave when he was captured – but to the best of my knowledge he is the only prisoner whose classified military file, compiled in 2008 and released by WikiLeaks in 2011, has a photo that purports to be him, but is not him at all. No one seems to know who it is, but it is not Saeed Bakhouche.
Moreover, his attorney, Candace Gorman, told me that a different photo – again, not of her client – was displayed outside his cell for a year and a half, a mistake that had disturbing ramifications, because this was the same photo shown to other prisoners during interrogations, leading to a situation whereby information about someone else was added his file as though it related to him.
The fact that the US authorities have, historically, not known who Saeed Bakhouche is, does not, however, appear to have been conveyed to the members of his PRB, which involves 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. Set up in 2013, the boards are reviewing the cases of 41 men previously described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, as “too dangerous to release,” although that has turned out to have been outrageous hyperbole. Of the 40 men whose cases have so far been reviewed, eleven are awaiting decisions, just seven have had their ongoing imprisonment approved, while 22 have had their release recommended — and nine of those have, to date, been freed. 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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