In August, a long-suffering Afghan prisoner at Guantánamo, Obaidullah, was finally released after 14 years of imprisonment without charge or trial, sent to the United Arab Emirates rather than to his home village, because the US Congress had, with a rather hysterical disregard for any sense of proportion, passed a law preventing any Afghan prisoner at Guantánamo from being repatriated. Below I’m cross-posting a moving account of Obaidullah himself, and of his wrongful imprisonment, by one of his attorneys, Anne Richardson. Other civilian lawyers who worked on his case include Dan Stormer and Cindy Pánuco of Hadsell Stormer & Renick LLP in Pasadena, CA, where Richardson worked before moving to Public Counsel, the US’s largest pro bono firm, where she is the directing attorney of the Consumer Law Project.
Obaidullah, who has just one name like many Afghans, was seized in July 2002, when he was around 22 years old (he doesn’t know his exact year of birth), and was accused of having “stored and concealed anti-tank mines, other explosive devices, and related equipment,” and it was also claimed 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.”
The charges were listed when he was, absurdly, put forward for a trial by military commission in September 2008. Even if the allegations were true, putting forward a minor insurgent for a war crimes trial was a disgracefully overblown response to his alleged activities, but as an investigation by his military lawyers found in 2011, it appears that the US authorities were mistaken about Obaidullah’s role in any kind of plot against US forces. His wife had just given birth, and blood found in his car, interpreted as being a sign that someone was wounded in an attack, seems to have been from his wife’s labor, which he failed to mention because speaking about such things is not something an Afghan man does. Read the rest of this entry »
There was good news from Guantánamo last week, as 15 men were released, to begin new lives in the United Arab Emirates. The release was the largest single release of prisoners under President Obama, and takes the total number of men held at Guantánamo down to 61, the lowest level it has been since the prison’s first few weeks of its operations, in January 2002.
12 of the 15 men released are Yemenis, while the remaining three are Afghans. All had to have third countries found that would offer them new homes, because the entire US establishment refuses to repatriate any Yemenis, on the basis that the security situation in Yemen means they cannot be adequately monitored, and Afghans cannot be repatriated because of legislation passed by Congress. The UAE previously accepted five Yemenis prisoners from Guantánamo last November.
Of the 15 men, six — all Yemenis — were approved for release back in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office for the first time. This article tells the stories of those six men, while another article to follow will tell the stories of the other nine. Read the rest of this entry »
Last week, a Libyan prisoner at Guantánamo, Ismail Ali Faraj al-Bakush (aka Ismael al-Bakush), who is 48 years old, became the 53rd prisoner to face a Periodic Review Board. The PRBs were set up in 2003 to review the cases of prisoners who had not already been approved for release, or were not facing trials, and to date 29 men have been approved for release, while 13 have had their ongoing imprisonment upheld.
This is a 69% success rate for the prisoners, which is remarkable — and remarkably damaging for the credibility of the Obama administration — because the majority of these men were described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office in January 2009, as “too dangerous to release,” when the reality has not borne out that caution. Others were recommended for prosecution, until the basis for prosecutions in Guantánamo’s military commission trial system largely collapsed after a series of devastating appeals court rulings, confirming that the war crimes being tried were illegitimate, having been invented by Congress.
Ismail al-Bakush is one of 41 men eligible for the PRBs who was initially regarded as “too dangerous to release,” even though the task force acknowledged that insufficient evidence existed against any of these men to put them on trial. 23 others were initially recommended for prosecution, and just eleven men are still awaiting reviews, while 12 others (including al-Bakush) are awaiting the results of their reviews. See my definitive Periodic Review Board list on the Close Guantánamo website for further information. Read the rest of this entry »
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. 23 men were in the former category, and 41 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 »
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 »
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 »
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.
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 »
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 »
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 »
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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