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 »

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 »

Radio: Perpetual Imprisonment at Guantánamo – Andy Worthington Interviewed by Linda Olson-Osterlund on Portland’s KBOO FM

A screenshot of Andy Worthington calling for the closure of Guantanamo outside the White House on January 11, 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.

 

Last week, I was delighted to talk to Linda Olson-Osterlund for the morning show, Political Perspectives, on KBOO FM, a community radio station in Portland, Oregon. Linda has been talking to me about Guantánamo for many years, and it’s always a pleasure to talk to her. 

The show is available hereand here as an MP3 — and I hope you have time to listen to it, and will share it if you find it useful. Unfortunately, KBOO had a new telephone system, which didn’t allow foreign calls, and so the first 12 minutes of the show feature some music by Bill Frissell, before Linda introduced me at 12:20, prior to our interview beginning at 15:00.

Linda and I spent the first ten minutes talking about the habeas corpus petition submitted by lawyers for eleven of the remaining 41 prisoners at Guantánamo on January 11, the 16th anniversary of the opening of the prison. As I explained in a recent article, the lawyers argued, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’” Read the rest of this entry »

In Guantánamo Habeas Corpus Case, Lawyers Insist That Trump’s Stated Intention of Not Releasing Any Prisoners Renders Their Imprisonment “Perpetual” — and Illegal

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

On January 11, the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 prisoners still held submitted a habeas corpus petition to the District Court in Washington, D.C., arguing, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR’s press release also stated that the lawyers’ filing “argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly.” The lawyers added that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

In an article marking the submission of the habeas petition, I explained that the eleven men whose lawyers submitted the petition are “Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.” Read the rest of this entry »

Good News: Court Orders Trump Administration to Explain Its Position on Guantánamo After A Year of Shocking Inaction

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

Two and a half weeks ago, on the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 men still held at Guantánamo, from the Center for Constitutional Rights, Reprieve, and other legal firms, filed a habeas corpus lawsuit with the District Court in Washington, D.C., in which, as I explained in an article at the time, drawing on a CCR press release:

[I]t “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

Read the rest of this entry »

As Guantánamo Enters Its 17th Year of Operations, Lawyers Hit Trump with Lawsuit Stating That His Blanket Refusal to Release Anyone Amounts to Arbitrary Detention

After launching the new lawsuit against Donald Trump, lawyers with the Center for Constitutional Rights came to the White House to join the annual protest against Guantanamo's continued existence (on the left, legal director Baher Azmy, and on the right, Omar Farah and Pardiss Kebriaei. In the center is Advocacy Program Manager Aliya Hussain (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, including my current visit to the US.

 

January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.

The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.” Read the rest of this entry »

How Much Is A Life Worth? New Album Released Today by The Four Fathers, London Journalist and Activist Andy Worthington’s Band

The cover of The Four Fathers' new album, 'How Much Is A Life Worth?'I’m delighted to announce that today my band The Four Fathers are releasing our second album, How Much Is A Life Worth? via Bandcamp, where you can buy it on CD (which can be sent anywhere in the world), or as a download (either the whole album, or individual tracks). The CD costs £8 (about $10.67), plus postage and packing, while the download of the album costs £5 (about $6.67), with individual tracks available for $1 (about $1.33). These are the minimum prices, but you can always pay more if you want to provide us with extra financial support, to help us recoup the costs of recording and production.

The album features ten original rock and roots reggae songs — eight written by me, as lead singer and rhythm guitarist, and two written by lead guitarist Richard Clare. It follows the release in 2015 of the band’s first album, ‘Love and War,’ and continues to demonstrate a commitment to political issues, with six of the album’s ten songs being protest songs. The band also features Brendan Horstead on drums and percussion, Andrew Fifield on flute and harmonica, and Louis Sills-Clare on bass (replaced after the album was recorded by current bassist Mark Quiney).

Followers of the band on Bandcamp — or those who have seen us live — will already know some of these songs, as six of them have previously been released online, although all of them have now been slightly remastered. Those songs are, in order of release, ‘Close Guantánamo’ (used for the ‘Close Guantánamo’ campaign that I run), ‘Dreamers’ (a song about friendship, written for a friend’s 50th birthday), live favourites ’Riot’ (about austerity and the need for social and economic justice) and ‘London’ (a lament for how the capital’s vibrancy in the 80s and 90s has been destroyed by housing greed), ‘She’s Back’ (Richard’s song about Pussy Riot) and ‘Equal Rights And Justice For All’ (my celebration of habeas corpus, which always gets a laugh when I say live that no set is really complete without a song about habeas corpus). Read the rest of this entry »

What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.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.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

My Band The Four Fathers Release ‘Equal Rights And Justice For All,’ Defending Habeas Corpus, Opposing Arbitrary Detention at Guantánamo and in the UK

The cover for The Four Fathers' new online single, 'Equal Rights And Justice For All.'My band The Four Fathers have just released a brand-new online single, ‘Equal Rights And Justice For All,’ a passionate defence of habeas corpus, which is supposed to protect all of us from arbitrary imprisonment.

The song — an insistent and infectious roots reggae groove — was inspired by my work trying to get the prison at Guantánamo Bay closed down, my work opposing the use of secret evidence in the UK, and also by the 800th anniversary of King John signing Magna Carta in 2015. The key element of this document, which the barons obliged him to sign, was habeas corpus, the right to be bought before a judge to test the validity of one’s imprisonment, which, over the centuries that followed, ended up applying to everyone, and was successfully exported around the world as a hugely significant bulwark against tyranny.

See below for the song, on Bandcamp, where you can listen to it for free — or, if you’d like to support us, buy it as a download for just £1 ($1.25) — or more if you’d like. Read the rest of this entry »

Sufyian Barhoumi, the Peaceful Algerian Cleared for Release But Still Trapped in Guantánamo

Please support my work! 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 the long and sordid history of Guantánamo — open for 15 years and seven months, and still holding men indefinitely without charge or trial, in defiance of domestic and international norms regarding imprisonment — it’s sometimes easy for people to forget the role played by lawyers in resisting the injustice of the prison, and in publicizing the men’s stories.

For over 12 years now, lawyers have generally been the only people outside of the various branches of the US government — and foreign intelligence services — who have had contact with the prisoners. Lest we forget, the men held at Guantánamo have never been allowed to have family visits, unlike prisoners held on the US mainland — even those convicted of horrendous crimes — and so often the lawyers have been the only people capable of filling the gap left by relatives, and, of course, bringing messages from the men’s families, which has happened time and again as lawyers have visited their clients’ families, and have subsequently been the bearers of their relatives’ communications.

Recently, a new lawyer brought some fresh insight and indignation to a role that many of those involved in must be struggling to keep fresh, after so many years, after the exhaustion of eight years of Obama that, in the end, left the prison open, and with Trump so uninterested in doing anything to bring justice to the remaining 41 prisoners, either by releasing them or putting them on trial in a valid, internationally recognized system, or working towards shutting the prison once and for all. 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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