From November 2013 until last month, reviews — Periodic Review Boards — took place for 64 Guantánamo prisoners who had been assessed as “too dangerous to release” or eligible for prosecution by the previous review process, conducted by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009.
The PRBs — consisting of 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 — have so far delivered 57 decisions, approving 34 men for release, while upholding the ongoing imprisonment of 25 others. Five decisions have yet to be taken in the process, which is similar to parole, although with one obvious difference— none of the men at Guantánamo have been tried or convicted. Like parole, however, the PRBs require them to show remorse, and to demonstrate that they would establish peaceful and constructive lives if released.
The success rate in the PRBs to date — 58% — confirms that the decisions in 2009 demonstrated unnecessary caution on the part of the officials who made up the Guantánamo Review Task Force. For further details, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website that I established in January 2012 with the US attorney Tom Wilner. Read the rest of this entry »
On September 8, Guantánamo prisoner Hassan bin Attash, born in Saudi Arabia to Yemeni parents, who appears to have been just 17 years old when he was seized in a house raid in Pakistan and sent to Jordan to be tortured, became the last of 64 prisoners to face a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force) and were not facing trials (just ten of the 61 men still held), the PRBs have played an important role in reducing the prison’s population in President Obama’s last year in office.
Consisting of 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, the PRBs function like parole boards, assessing prisoners’ contrition, and plans for the future that will mitigate any concerns about them engaging in terrorism or military activity against the US after their release.
To date, 33 men have been approved for release by the PRBs (and 20 of those men have been freed), while 19 others have had their ongoing imprisonment without charge or trial upheld — although all are entitled to further reviews at which they and their attorneys can submit further information in an effort to change the board’s opinion. Purely administrative file reviews take place every six months, and, every three years, prisoners are entitled to full reviews, although in reality those that have taken place — for four men, who all ended up with recommendations for their release — have occurred sooner (between ten months and two years after their initial PRBs). See my definitive Periodic Review Board list on the Close Guantánamo website for further details. Read the rest of this entry »
Last week, in a decision that I believe can only be regarded objectively as a travesty of justice, a Periodic Review Board (PRB) at Guantánamo — consisting of representatives of six government departments and intelligence agencies — recommended that a Yemeni prisoner, Abdel Malik al-Rahabi (aka Abd al-Malik al-Rahabi), should continue to be held. The board concluded that his ongoing imprisonment “remains necessary to protect against a continuing significant threat to the security of the United States.”
In contrast, this is how al-Rahabi began his statement to the PRB on January 28:
My family and I deeply thank the board for taking a new look at my case. I feel hope and trust in the system. It’s hard to keep up hope for the future after twelve years. But what you are doing gives me new hope. I also thank my personal representatives and my private counsel, and I thank President Obama. I will summarize my written statement since it has already been submitted to the board. Read the rest of this entry »
In June 2004, in the wake of the Abu Ghraib scandal, a notorious memo from August 2002 was leaked. It was written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel and it claimed to redefine torture and to authorize its use on prisoners seized in the “war on terror.” I had no idea at the time that its influence would prove to be so long-lasting.
Ten years and four months since it was first issued, this memo — one of two issued on the same day, which will forever be known as the “torture memos” — is still protecting the senior Bush administration officials who commissioned it (as well as Yoo, and his boss, Jay S. Bybee, who signed it).
Those officials include George W. Bush, former Vice President Dick Cheney and their senior lawyers, Alberto Gonzales and David Addington. None of these men should be immune from prosecution, because torture is illegal under US domestic law, and is prohibited under the terms of the UN Convention Against Torture, which the US, under Ronald Reagan, signed in 1988 and ratified in 1994. As Article 2.2 states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Read the rest of this entry »
In May 2008, in a submission to the 48th Session of the UN Committee on the Rights of the Child (PDF), the Pentagon claimed that it had only held eight juveniles — those under the age of 18 when their alleged crimes took place — during the life of the Guantánamo Bay prison. This, however, was a lie, as its own documents providing the names and dates of birth of prisoners, released in May 2006 (PDF), showed that the true total was much higher.
In November 2008, the UC Davis Center for the Study of Human Rights in the Americas published a report, “Guantánamo’s Children: Military and Diplomatic Testimonies,” presenting evidence that 12 juveniles had been held, and this was then officially acknowledged by the Pentagon.
The next week, however, I produced another report, “The Pentagon Can’t Count: 22 Juveniles Held at Guantánamo,” providing evidence that at least 22 juvenile prisoners had been held, and drawing on the Pentagon’s own documents, or on additional statements made by the Pentagon, to confirm my claims.
Two and a half years later, I stand by that report, and am only prepared to concede that up to three of the prisoners I identified as juveniles may have been 18 at the time of their capture. In the meantime, I have identified three more juvenile prisoners, and possibly three others, bringing the total back to 22, and possibly as many as 28. 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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