US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo

Mohammad Rahim, an Afghan prisoner at Guantanamo, regarded as a "high-value detainee," in photo taken by representatives of the International Committee of the Red Cross, who made it available to his family, who, in turn, made it publicly available.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 trying to catch up on a few stories I’ve missed out on reporting about recently, I’d like to draw readers’ attention to a petition submitted to the Inter-American Commission on Human Rights on behalf of Mohammad Rahim, a CIA torture victim held at Guantánamo, who was, in fact, the last prisoner to arrive at the prison in March 2008.

The petition was submitted by Major James Valentine, Rahim’s military defence attorney, and the researcher Arnaud Mafille, and it follows previous submissions to the IACHR on behalf of Djamal Ameziane, whose release was requested in April 2012 (and who was eventually released, but not as a direct result of the IACHR ruling), and Moath al-Alwi, whose lawyers submitted a petition on his behalf in February 2015, which led to the IACHR issuing a resolution on March 31, 2015 calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Al-Alwi was, at the time, a hunger striker, and in the petition his lawyers stated that, “During his detainment at Guantánamo, Mr. al-Alwi has been systematically tortured and isolated. He has been denied contact with his family, slandered and stigmatized around the globe. He has been denied an opportunity to develop a trade or skill, to meet a partner or start a family. He has been physically abused, only to have medical treatment withheld.” Read the rest of this entry »

Please Read My New Article for Al-Jazeera, About How Torture Victims in Guantánamo Should Be Allowed a Visit by UN Rapporteur Juan Méndez

Ali Abd al-Aziz Ali (aka Ammar al-Baluchi), photographed in Guantanamo by representatives of the International Committee of the red Cross, in a photo made available to his family and later released to the public.Yesterday, I was delighted that Al-Jazeera published my op-ed, “Guantánamo torture victims should be allowed UN visit,” the first op-ed I’ve written for Al-Jazeera for over a year a a half. You can check out my archive of Al-Jazeera articles here.

The op-ed came about as a result of my recently renewed focus on the military commissions at Guantánamo, a broken system that is incapable of delivering justice to the ten men still held who are facing — or have faced — military commission trials. For more, see my recent articles, Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan, and also my recent update of The Full List of Prisoners Charged in the Military Commissions at Guantánamo.

61 men are still held at Guantánamo, and while 20 have been approved for release, and will hopefully be freed soon, and 23 others continue to be held without charge or trial, those men are, at least, subject to periodic reviews of their cases, whereas those facing trials are caught in a system that is proceeding with such glacial slowness that it is uncertain if a date for their trials can be set with any kind of certainty, and this, of course, is a profound failure of justice considering that they have been in US custody for up to 14 years. Read the rest of this entry »

Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,” have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

“High-Value Detainee” Hambali Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Hambali (Riduan Isamuddin), photographed at Guantanamo, in a photo included in the classified military files released by WikiLeaks in 2011.On August 18, Hambali, a “high-value detainee” held at Guantánamo since September 2006, became the 60th Guantánamo prisoner to face a Periodic Review Board. The PRBs were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials, and the last of 64 reviews will be taking place next week. To date, 33 men have been approved for release, while just 19 men have had their ongoing imprisonment upheld. Eleven further decisions have yet to be taken. For further details, see my definitive Periodic Review Board list on the Close Guantánamo website.

Hambali, an Indonesian born in April 1964, was born Encep Nurjaman, but is also known as Riduan Isamuddin. In the US government’s unclassified summary for his PRB, he was described as “an operational mastermind in the Southeast Asia-based Islamic extremist group Jemaah Islamiyah (JI),” who “served as the main interface between JI and al-Qa’ida from 2000 until his capture in mid-2003.”

Hambali was seized in Bangkok, Thailand in August 2003, with another “high-value detainee,” Mohammed Bashir bin Lap aka Lillie (ISN 10022), whose review took place three weeks ago, in the same week as another of Hambali’s associates, Mohd Farik bin Amin aka Zubair (ISN 10021). Read the rest of this entry »

14 Years Incommunicado: Abu Zubaydah, Guantánamo Prisoner, CIA Torture Victim, and the Al-Qaeda Leader Who Wasn’t

"High-value detainee" Abu Zubaydah, in the first photo of him that was made publicly available.Over ten years since I started working full-time on Guantánamo, there has been undeniable progress in some areas, and absolutely no movement in others. Hundreds of prisoners have been freed, which has been hugely important for a place in which only a few percent of the men — and boys — held there have ever, realistically, been accused of involvement with terrorism, and, after far too many years of delays and inaction, President Obama has been pushing to finally get the prison closed, albeit over seven years since he first promised to do so within a year.

Just 80 men are currently held, and while it is still unclear if the president will be able to close Guantánamo before he leaves office, as Congress will have to drop its ban on bringing any prisoner to the US mainland for any reason, or he will have to close it by executive action, which may or may not be practical or possible, it is conceivable that the end of Guantánamo is within sight.

And yet, for all of the men abused in Guantánamo, and elsewhere in America’s brutal “war on terror,” it is noticeable that no one has been held accountable for their suffering, and, for some of the 80 men still held, it also appears that no end to their suffering is in sight. I’m thinking in particular of some of the so-called “high-value detainees,” 15 men, including 13 who were brought to the US from CIA “black sites” — torture prisons — in September 2006, after up to four and a half years held incommunicado. One of those men — the first to be seized, in fact — may be the most unfortunate of all: Abu Zubaydah. Read the rest of this entry »

Torture: The Elephant in the Room at Guantánamo’s Military Commissions

For seven and a half years now, I have watched as the United States has tried and failed to make its trial system at Guantánamo — the military commissions — function in a way that has any kind of legitimacy.

That, however, is impossible, because the trials involve made-up war crimes, invented by Congress, and, as we see on a regular basis when pre-trial hearings are held in the cases of Khalid Sheikh Mohammed (KSM) and four other men accused of involvement in the 9/11 attacks, because there is an unresolvable tension at the heart of the most serious trials — those involving the “high-value detainees,” like KSM and his co-defendants, and also Abd al-Rahim al-Nashiri, another “high-value detainee” charged with involvement in the bombing of the USS Cole in 2000, all of whom were held — and tortured — in secret “black sites” run by the CIA in countries including Thailand and Poland.

This tension was highlighted in “You Can’t Gag Somebody and Then Want to Kill Them,” an article for the Huffington Post last week by Katherine Hawkins, a researcher and lawyer who recently worked as the Investigator for the Constitution Project’s Task Force on Detainee Treatment, whose powerful report I discussed here. Read the rest of this entry »

WikiLeaks and the 14 Missing Guantánamo Files

In the classified US military files recently released by WikiLeaks, and identified as Detainee Assessment Briefs (DABs), files relating to 765 of the 779 prisoners held at the prison since it opened on January 11, 2002 have been released. The other 14 files are missing, and this article addresses who these prisoners are and why their files are missing, and also, where possible, tells their stories. As of May 18, this list includes an Afghan prisoner, Inayatullah, who “died of an apparent suicide” at the prison, according to the US military.

Two suspicious omissions: Abdullah Tabarak and Abdurahman Khadr

Of the 14 missing stories, just two are overtly suspicious. The first of these is the file for Abdullah Tabarak Ahmad (ISN 56), a Moroccan who, according to a Washington Post article in January 2003, “was one of [Osama] bin Laden’s long-time bodyguards,” and who, in order to help bin Laden to escape from the showdown with US forces in Afghanistan’s Tora Bora mountains in December 2001, “took possession of the al-Qaeda leader’s satellite phone on the assumption that US intelligence agencies were monitoring it to get a fix on their position.” Whether or not there is any truth to this story is unknown, as the Post‘s source was a number of “senior Moroccan officials,” who have visited Guantánamo, and had interviewed Tabarak. One official said, “He agreed to be captured or die. That’s the level of his fanaticism for bin Laden. It wasn’t a lot of time, but it was enough.” Moroccan officials also stated that Tabarak, who was 43 years old at the time, “had become the ’emir,’ or camp leader,” at Guantánamo. Read the rest of this entry »

“High-Value Detainee” Abu Zubaydah Blinded By the Bush Administration

The story of Abu Zubaydah has fascinated me for many years — since I was writing my book The Guantánamo Files, specifically, and, in my journalism, since I first wrote extensively about him in my April 2008 article, The Insignificance and Insanity of Abu Zubaydah: Ex-Guantánamo Prisoner Confirms FBI’s Doubts. Since then, I have returned to his story repeatedly, in articles including Abu Zubaydah: The Futility Of Torture and A Trail of Broken Lives and Who Authorized The Torture of Abu Zubaydah? (in 2009) and Abu Zubaydah: Tortured for Nothing, The Torture of Abu Zubaydah: The Complaint Filed Against James Mitchell for Ethical Violations, In Abu Zubaydah’s Case, Court Relies on Propaganda and Lies and New Evidence About Prisoners Held in Secret CIA Prisons in Poland and Romania (in 2010), and Algerian in Guantánamo Loses Habeas Petition for Being in a Guest House with Abu Zubaydah and Former CIA “Ghost Prisoner” Abu Zubaydah Recognized as “Victim” in Polish Probe of Secret Prison (this year).

As the supposed “high-value detainee” for whom the CIA’s torture program was specifically developed, and who, after John Yoo and Jay S. Bybee wrote and approved the notorious torture memos of August 1, 2002, was waterboarded 83 times, Zubaydah is pivotal to any assessment of the CIA’s torture program, and what makes his story particularly poignant — while reflecting awfully on the Bush administration’s supposed intelligence — is the fact that it should have been clear from the very beginning to the CIA, and to senior Bush administration officials, up to and including the President, that Zubaydah was not , as touted, the number three in al-Qaeda, but was instead the mentally damaged gatekeeper of a military training camp — Khaldan — that was only tangentially associated with al-Qaeda, and was, in fact, closed down by the Taliban, after its emir, another notorious “ghost prisoner” named Ibn al-Shaykh al-Libi, refused to bring it under the command of Osama bin Laden.

In the wake of WikiLeaks’ recent release of classified military documents relating to the Guantánamo prisoners (the Detainee Assessment Briefs, or DABs), my friend and colleague Jason Leopold had an excellent story out yesterday on Truthout, which, in essence, analysed why, in the photo of Abu Zubaydah available in the documents, he is wearing an eye patch, when, in the few photos available from before his capture, he clearly had both his eyes. Read the rest of this entry »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Abu Zubaydah Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer Torture UK austerity UK protest US Congress US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo