Insignificant Afghan Finally Approved for Release from Guantánamo

Afghan prisoner Obaidullah, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Good news from Guantánamo, as another prisoner, Obaidullah, an Afghan, is approved for release by a Periodic Review Board. Decisions have now been taken in the cases of 29 prisoners, with 22 recommended for release, and just seven recommended for ongoing imprisonment. This is a success rate for the prisoners of 76%, which is hugely significant, because, back in 2010, they were either recommended for prosecution or were described as “too dangerous to release” by the Guantánamo Review Task Force, which President Obama established, shortly after taking office in 2009, to review the cases of all the prisoners held when he became president. 18 men were in the former category, and 46 in the latter.

The decision also means that, of the 80 men still held, 28 have been approved for release — 15 by the task force in 2010, and 13 by the PRBs (nine of those approved for release by PRBs have already been freed). 35 others are awaiting PRBs, or are awaiting decisions, and just ten men are facing trials — or have already had trials.

Obaidullah, who was just 19 years old when he was seized at his home in Afghanistan in July 2002, is one of the prisoners who had initially been recommended for prosecution — and is the second former prosecution candidate to be recommended for release by a PRB (three others have been recommended for ongoing imprisonment). He had been put forward for a trial by military commission in September 2008, charged with providing material support for terrorism and conspiracy, based on claims that he “stored and concealed anti-tank mines, other explosive devices, and related equipment”; that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.” Read the rest of this entry »

Two More Yemeni “Forever Prisoners” Seek Release from Guantánamo Via Periodic Review Boards

Yemeni prisoner Bashir al-Marwalah, in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.Last week, two more Periodic Review Boards took place for men held in the US prison at Guantánamo Bay, Cuba. The PRBs, which began in November 2013, are reviewing the cases of all the men still held who are not facing trials or were 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.

The PRBs that took place last week were for the 32nd and 33rd prisoners to have their cases considered. Of the previous 31, 20 have so far been approved for release, eight have had their ongoing imprisonment recommended, and three are awaiting results. Of the decisions taken, the prisoners’ success rate is 71%, a figure that is a stern rebuke to the task force, which either described them as “too dangerous to release,” while conceding that there was insufficient evidence to put them on trial, meaning that there are serious problems with the so-called “evidence,” or recommended them for prosecution in a system — the military commissions — that is so discredited that, after the task force made its recommendations, appeals court judges began overturning some of the few convictions achieved in the commissions, on the basis that the war crimes for which the prisoners had been convicted were not legitimate war crimes at all but had been invented by Congress.

Most of the PRBs to date have been for the “forever prisoners,” those mistakenly described as “too dangerous to release,” and last week’s PRBs were for two more from this group. 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 »

The “Countdown to Close Guantánamo” Launches: Send in Your Photos Asking President Obama to Fulfill His Promise to Close the Prison

Former Guantanamo prisoner Shaker Aamer photographed outside the US Embassy in London supporting the new "Countdown to Close Guantanamo" initiative (Photo: Andy Worthington).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 the photo here, former Guantánamo prisoner Shaker Aamer supports the new “Countdown to Close Guantánamo” initiative. See more on the Celebrity Photos page and also the Public Photos page, and please send in your own photos — see below for details!

January 20, 2016 marked the beginning of the last year of the Obama presidency, and tomorrow (January 22) marks the seventh anniversary of President Obama’s promise to close the lawless prison at Guantánamo Bay within a year, which he made on his second day in office in January 2009. To highlight the president’s last chance to fulfill his promise to close the prison, the “Close Guantánamo” campaign has launched a new initiative, the “Countdown to Close Guantánamo.”

The “Countdown to Close Guantánamo” encourages celebrities, lawmakers and concerned members of the public, from the US and around the world, to take photos of themselves holding signs counting down to the end of the Obama presidency, urging President Obama to close the prison before the inauguration of the next president on January 20, 2017.

Our first poster, reading, “President Obama, you have one year left to close Guantánamo,” was made available when the campaign launched, on Jan, 20. It is being followed, throughout the year, by posters counting down every 50 days — so “350 days” is on February 4, “300 days” will be on March 25, and so on.

Please print off the 350 days poster, take a photo of yourself holding it, and send it to: info@closeguantanamo.org.

Read the rest of this entry »

Ten Yemenis Freed from Guantánamo, Given New Homes in Oman; Now 93 Men Remain

Fahd Ghazy, photographed before his capture and his rendition to Guantanamo.As the disgraceful US prison at Guantánamo Bay begins its 15th year of operations, President Obama has been busy attempting to show that, with just one year left in office, he is determined to close the prison, as he promised to do on his second day in office back in January 2009, when he promised to close it within a year. Last month, we heard that 17 men would be released in January, and the releases began just days before the 14th anniversary of the opening of the prison with the release of two Yemenis in Ghana and the return to Kuwait of Fayiz al-Kandari, the last Kuwaiti in the prison. On the actual anniversary, a Saudi was returned home, and two days after the anniversary ten more Yemenis were released in Oman, Yemen’s neighbor, to add to the ten Yemenis sent to Oman last year.

David Remes, who represents three of the men sent to Oman, said it was “a particularly good fit for them,” as the New York Times described it. “I’m sure that they are ecstatic just leaving Guantánamo,” he said. “But it’s even better than that. They’ve been sent to Oman, an Arab country, whose language, culture and religion are their own. Oman is also one of Yemen’s neighbors, so their families will be able to visit them often.”

Three more releases — of unidentified prisoners to unidentified countries — are expected soon, and, after the release of the ten men to Oman, Lee Wolosky, the Special Envoy for Guantánamo Closure in the State Department, said, “We expect to be in a position to empty Guantánamo of all detainees who are currently approved for transfer by this summer.” Including the three men who are expected to be freed soon, Wolosky’s description currently applies to 34 of the 93 men still held  — 25 since January 2010, who were approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force, and nine in the last two years, by a new review process, the Periodic Review Boards. Read the rest of this entry »

Playing Politics with the Closure of Guantánamo

A campaigner reminds President Obama of his promise to close Guantanamo on January 11, 2013, the 11th anniversary of the opening of the prison (Photo: Andy Worthington).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.

Supporters of the “Close Guantánamo” campaign have long been aware that the very existence of the “war on terror” prison at the US naval base in Guantánamo Bay, Cuba is an affront to all notions that the United States respects justice and the rule of law, and we remember that as the closure of the prison becomes, yet again, an undignified game of political football, with Congress continuing to erect obstacles to the release of prisoners and the transfer of anyone to the US mainland for any reason, and the Obama administration trying to come up with a workable plan for the prison’s closure.

Although Congress, the week after the 9/11 attacks, passed a law — the Authorization for Use of Military Force — that purports to justify the detention of prisoners without charge or trial at Guantánamo, and the Supreme Court ruled in June 2004 that the government can hold them until the end of hostilities, this thin legal veneer has persistently failed to disguise the fact that everything about Guantánamo is wrong.

The Bush administration established the prison to be beyond the reach of the US courts, and for nearly two and a half years the men — and boys — held there had no rights whatsoever. In a second decision delivered in June 2004, the Supreme Court ruled that they had habeas corpus rights, a decision that allowed lawyers into the prison, breaking the veil of secrecy that had shrouded the prison for all that time, enabling torture and other forms of abuse to take place. Even so, it was not until June 2006 that the Supreme Court, in another ruling, reminded the administration that no one can be held without rights, and that Common Article 3 of the Geneva Conventions, which prohibits torture and “humiliating and degrading treatment,” applied to everyone in US custody. Read the rest of this entry »

Five Yemenis Freed from Guantánamo, Given New Homes in the United Arab Emirates

Three of the five prisoners released from Guantanamo and given new homes in the United Arab Emirates on November 13, 2015. From L to R: Ali al-Razihi, Khalid al-Qadasi and Sulaiman al-Nahdi.There’s good news from Guantánamo, as five Yemenis, approved for release from the prison in 2005, 2007 and 2014, have finally been freed, and given new homes in the United Arab Emirates.

As the New York Times reported, the resettlement “was the first of its kind to the United Arab Emirates, which had previously taken in just one former Guantánamo detainee, in 2008 — its own citizen,” Abdullah al-Hamiri, whose story I discussed here.

The Times also explained that, “In May, President Obama met at Camp David with leaders or representatives of the six Middle Eastern countries that make up the Gulf Cooperation Council, including a representative from the United Arab Emirates. The main topic of discussion was the nuclear agreement with Iran, but officials familiar with the deliberations said Mr. Obama had also pressed them to consider resettling groups of detainees. The deal announced on Sunday appears to be the first fruits of those talks.” Read the rest of this entry »

WORLD EXCLUSIVE: Roger Waters Writes About the Release of Shaker Aamer from Guantánamo

Andy Worthington and Joanne MacInnes of We Stand With Shaker with music legend Roger Waters (ex-Pink Floyd) at the launch of the campaign outside the Houses of Parliament on November 24, 2014 (Photo: Stefano Massimo).A friend of mine for several years now — and a great supporter of the campaign to get Shaker Aamer released from Guantánamo — the musician Roger Waters, formerly of Pink Floyd, has written an article about Shaker’s release, which he has made available exclusively to me, on behalf of all those who have campaigned for Shaker’s release. Thank you, Roger!

A relentless campaigner against injustice, unlike far too many high-profile musicians, Roger became involved in the campaign to free Shaker after he was sent a letter from Shaker about a year and a half ago, via his lawyer Clive Stafford Smith, the founder of Reprieve, in which Shaker had been quoting from Roger’s song “Hey You” (from the album “The Wall”). The song begins:

Hey you, out there in the cold
Getting lonely getting old
Can you feel me?
Hey you, standing in the aisles
With itchy feet and fading smiles
Can you feel me?
Hey you, don’t help them to bury the light
Don’t give in without a fight Read the rest of this entry »

Obama’s Mixed Messages on Guantánamo, as Justice Department Tells Judge Not to Intervene in Case of 75-Pound Hunger Striker at Risk of Death

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).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.

One day, when we’re looking back on Guantánamo and apportioning blame to those who contributed most powerfully to its cruelty, and to keeping it open long after the most senior officials in two governments conceded that it should be closed, a spotlight will be shone on the lawyers in the Civil Division of the Justice Department who have worked so assiduously to prevent prisoners from being released.

I have criticized these lawyers occasionally, but I have rarely heard any criticism of them in the mainstream media, and yet, from the moment that the Supreme Court granted the prisoners habeas corpus rights in Rasul v. Bush in June 2004, they have been making life difficult for lawyers representing the prisoners, micro-managing their meetings with their clients and their travel arrangements, and often, it is impossible not to conclude, in an effort to obstruct the lawyers’ ability to represent their clients.

In addition, as I noted in an article in August, the Civil Division lawyers “have fought tooth and nail against every single habeas petition submitted by the prisoners, with just one exception — the severely ill Sudanese prisoners Ibrahim Idris, whose petition was granted unopposed in 2013.” I added, “Disgracefully, the Justice Department lawyers have repeatedly challenged habeas petitions submitted by prisoners whose release has already been approved by the Guantánamo Review Task Force,” the high-level, inter-agency task force set up by President Obama shortly after taking office in January 2009, which issued its final report a year later, recommending 156 men for release, 36 for trials and 48 others for ongoing imprisonment without charge or trial, on the alarming basis that they were “too dangerous to release,” but that insufficient evidence existed to put them on trial. 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 »

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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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