After Four-Year Legal Struggle, Judges Support Government Claims That Videotapes of Force-Feeding at Guantánamo Must Remain Secret

A restraint chair at Guantanamo, used to force-feed prisoners (Photo by Jason Leopold).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.

 

On Friday, in the appeals court in Washington, D.C., judges appear to have brought to an unsatisfactory end a four-year struggle to make public videotapes of prisoners at Guantánamo — and specifically Jihad Dhiab (aka Diyab), a Syrian, also known as Abu Wa’el Dhiab — being force-fed and violently extracted from their cells.

The case, as explained in a detailed timeline on the website of Reprieve, began in June 2013, during the prison-wide hunger strike that year, which attracted international opposition to President Obama’s lack of activity in releasing prisoners and working towards fulfilling the promise to close the prison that he made on his second day in office in January 2009.

I also covered the case extensively at the time — see my archive here, here, here and here (which included Dhiab’s release to Uruguay and subsequent struggle to adapt to his new life), ending with an appeal court ruling in May 2015, when the D.C. Circuit Court refused to accept an appeal by the government arguing against the release of the videotapes, and a rebuke to the government in July 2015, by Judge Gladys Kessler in the federal court, who had initially ordered the release of the tapes, and who “ordered the government to stop wasting time with ‘frivolous’ appeals against her rulings,” and to release the tapes. Read the rest of this entry »

Who Are the Ten Guantánamo Prisoners Released in Oman, Leaving 45 Men Still Held, Including Nine Approved for Release?

The ten prisoners released from Guantanamo on Jan. 16, 2017. Top, from L to R: Abdul Zahir (Afghanistan) and the Yemenis Mohammed al-Ansi, Mohammed Ahmed Said Haidel (aka Muhammed Ahmad Said Haydar), Salman Yahya Hassan Mohammed Rabei’i and Musa’ab al-Madhwani (aka Musab Omar Ali al Madhwani). Bottom, from L to R: Bostan Karim (aka Karim Bostan) (Afghanistan) and the Yemenis Ghaleb al-Bihani, Mustafa al-Shamiri, Walid Said Bin Said Zaid and Hail al-Maythali (aka Hayil al-Maythali). All the photos are from the files leaked by Chelsea Manning and released by WikiLeaks in 2011 except the photo of al-Bihani, which was taken by the International Red Cross, and made available by his lawyers at the Center for Constitutional Rights.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo during the first two months of the incoming Trump administration.

 

So there was great news from Guantánamo on Monday, when ten men — eight Yemenis and two Afghans — were released and sent to Oman, which has previously taken in 20 Yemenis. The Yemenis have been the most difficult category of prisoners to be freed from Guantánamo, because the entire US establishment is unwilling to repatriate them, fearing the security situation in their home country, meaning that third countries must be found that are prepared to offer them a new home — and are prepared to overlook the fact that the US itself is unwilling to do that, and, in fact, that Congress has, for many years, passed laws specifically preventing any Guantánamo prisoner from being brought to the US mainland for any reason.

The ten releases leave 45 men still held at Guantánamo, with three or four more releases expected before President Obama leaves office on Friday, according to the latest reports. At present, however, nine men approved for release are still held, and the release of those left behind when Obama leaves the White House must be a priority for campaigners as soon as Donald Trump takes office.

Of the ten men released, two were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office, while the other eight were approved for release between May 2014 and December 2016 by Periodic Review Boards, another high-level, inter-agency review process, and one that campaigners must also press Donald Trump to keep. Read the rest of this entry »

Shaker Aamer Interview on 15th Anniversary of Guantánamo Opening: US Government “Lied to Their Own People to Let Their Soldiers Accept Torturing Us”

Andy Worthington with Shaker Aamer, after his release from Guantanamo, at a meeting in the House of Commons in November 2015.Please support my work! I’m currently in the US to campaign for the closure of Guantánamo on the 15th anniversary of its opening, and trying to raise $1000 (£800) to support my visit.

 

Regular readers will know that I have had a long involvement in the case of Shaker Aamer, the last British resident in Guantánamo, who was finally freed in October 2015 after a long campaign to secure his release, which involved MPs, the mainstream British media, and protest groups including We Stand With Shaker, the organization I co-founded in November 2014 with the activist Joanne MacInnes, which used a giant inflatable figure of Shaker to highlight his cause, with some quite spectacular success in the media, and with celebrities and MPs.

Since his release, I have maintained contact with Shaker, and, in October, was delighted when he agreed to make a short video for the Close Guantánamo campaign — another organization I co-founded — which is posted below.

Apart from a flurry of activity immediately after his release, Shaker has had little involvement with the media this year, although his words always have resonance, so I was delighted to see, a few days ago, that he had spoken to Al-Jazeera. Read the rest of this entry »

Who Are the Four Guantánamo Prisoners Freed in Saudi Arabia, Leaving 55 Men Still Held?

The four prisoners released from Guantanamo to Saudi Arabia in January 2017. From L to R: Mohammed Rajab Abu Ghanim, Mohammed Ali Abdullah Bawazir, Salem Ahmad Hadi Bin Kanad and Abdullah Yahia Yousef al Shabli.Please support my work! I’m currently trying to raise $2500 (£2000) to support my work on Guantánamo over the next two months.

 

Good news from Guantánamo, as four men have been released to Saudi Arabia, reducing the prison’s population to 55, the lowest number since its opening weeks 15 years ago.

The four men are Yemeni citizens — although one was born in Saudi Arabia, but to Yemeni parents, meaning that he was not given citizenship. A third country had to be found that was prepared to take them in, because the entire US establishment agrees that it is unsafe, from a security perspective, to repatriate any Yemenis. The men will go through Saudi Arabia’s well-established rehabilitation program, although, to be honest, it is obvious upfront that none of these men can be regarded as a threat.

Two were approved for release by President Obama’s cautious, inter-agency Guantánamo Review Task Force in 2009, while the other two were approved for release more recently by the latest inter-agency review process, the Periodic Review Boards, which consider the prisoners’ cases in a manner similar to parole boards — except, of course, for the crucial fact that the men in question have never been convicted of any crimes.

The first of the four, whose case has rarely been discussed, is Abdullah Yahia Yousef al Shabli (ISN 240), who, according to US records, was born in Jeddah on September 10, 1977. Al-Shabli was approved for release by the task force in 2009, but is one of 30 men the task force placed in a category of their own invention, “conditional detention,” which was only supposed to end when someone — it was not determined who, or how — established that the security situation in Yemen had improved. As I explained in August, when 12 Yemenis were released in the UAE, “those in the ‘conditional detention’ group languished until the Obama administration began finding countries that would offer new homes to them, a process that only began last November and that, before [the August] releases, had led to 19 men being given new homes — in the UAE, Ghana, Oman, Montenegro and Saudi Arabia.” Six of the 12 Yemenis freed in August were from the “conditional detention group,” and with the two releases to Saudi Arabia from this group, just three men from this group are left — plus another two men from the 126 other men approved for release by the task force. Read the rest of this entry »

Great New York Times Exposé of How Torture, Abuse and Command Indifference Compromised Psychiatric Care at Guantánamo

A prisoner, in the early days of Guantanamo, being moved on a gurney, as prisoners were in the prison's early years.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

A recent detailed New York Times article, “Where Even Nightmares Are Classified: Psychiatric Care at Guantánamo,” provides a powerful review of the horrors of Guantánamo from the perspective of “more than two dozen military medical personnel who served or consulted” at the prison.

The Times article, written by Sheri Fink, explains how some prisoners were disturbed when they arrived at the prison, others “struggled with despair” as their imprisonment without charge or trial dragged on, and some “had developed symptoms including hallucinations, nightmares, anxiety or depression after undergoing brutal interrogations” by US personnel — sometime in CIA “black sites,” sometimes at Guantánamo — who had themselves been advised by other health personnel. Those who were tortured — although the Times refused to mention the word “torture,” as has been the paper’s wont over the years, coyly referring to dozens of men who “underwent agonizing treatment” — “were left with psychological problems that persisted for years, despite government lawyers’ assurances that the practices did not constitute torture and would cause no lasting harm.”

The result, Fink concluded, was that “a willful blindness to the consequences emerged. Those equipped to diagnose, document and treat the effects — psychiatrists, psychologists and mental health teams — were often unaware of what had happened.” Doctors told the Times that, “[s]ometimes by instruction and sometimes by choice, they typically did not ask what the prisoners had experienced in interrogations,” a situation that seriously compromised their care. Read the rest of this entry »

Obama’s Failure to Close Guantánamo: Revisiting a Major Article in the New Yorker

"Inaugurate Justice, Close Guantanamo": a message from Witness Against Torture activists outside the White House on January 13, 2013, the 11th anniversary of the opening of the prison, just a week before President Obama's second term inauguration (Photo: Andy Worthington).With just over 100 days remaining for President Obama to fulfill his promise to close the prison at Guantánamo Bay that he inherited from George W. Bush, where men subjected to torture and other forms of abuse are still held without charge or trial, undermining the US’s belief that it is a nation that respects the rule of law, I continue to work to close the prison, through my writing here, and through the Close Guantánamo campaign that I established with the US attorney Tom Wilner in January 2012, on the 10th anniversary of the prison’s opening.

A specific initiative of the “Close Guantánamo” campaign is the Countdown to Close Guantánamo, in which, every 50 days, those who wish to see Guantánamo closed have been submitting photos of themselves with posters reminding President Obama how many days he has left. Please print off the latest poster, marking 100 days remaining for President Obama to fulfill his promise on October 11, take a photo of yourself with it, and send it to us to add your voice to those calling for the prison’s closure.

This January, as President Obama prepares to leave office after eight years as president, it will be 15 years since Guantánamo opened, unless he somehow manages to close it — by executive order, perhaps — in the brief period between the presidential election in November and the inauguration of the next president in January 2017. That seems unlikely, however, because Congress has, for years, imposed bans on spending any money to bring any prisoners to the US mainland for any reason, and overriding lawmakers will unleash a fury. Read the rest of this entry »

Emad Hassan’s Story: How Knowing a Town Called Al-Qa’idah Got Him 13 Years in Guantánamo

Emad Hassan, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, I published an article about the latest releases from Guantánamo — two Libyans, one of whom was Omar Mohammed Khalifh, a Libyan amputee seized in Pakistan in a house raid in 2002.

Khalifh had been approved for release last September by a Periodic Review Board — a process set up two and a half years ago to review the cases of all the men still held at Guantánamo who were not either facing trials (just ten men) or had not already been approved for release in 2010 by another review process, the Guantánamo Review Task Force.

Until the PRB’s decision was announced, I thought Khalifh had been seized in a house raid in Karachi, Pakistan in February 2002, but the documentation for the PRB revealed that he had been seized in a house raid in Faisalabad on March 28, 2002, the day that Abu Zubaydah, a training camp facilitator mistakenly regarded as a senior member of Al-Qaeda, was seized in another house raid. I had thought that 15 men had been seized in the raid that, it now transpires, also included Khalifh, but I had always maintained that they had been seized by mistake, as a judge had also suggested in 2009,  and in fact 13 of them have now been released (and one other died in 2006), leaving, I believe, just two of the 16 still held. Read the rest of this entry »

Yemeni Is 27th Guantánamo Prisoner to Face Periodic Review Board; 4th Man Has Detention Upheld, 36 Others Await Reviews

Guantanamo prisoner Zohair al-Shorabi (aka Suhayl al-Sharabi) in a photo included in the classified military files released by WikiLeaks in 2011. Al-Shorabi's Periodic Review Board was on March 1, 2016.

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In the long-running saga of ascertaining who is held at Guantánamo, and what should happen to them, the Bush administration’s refusal to recognize domestically and internationally accepted norms governing the treatment of prisoners continues to cast a long and baleful shadow over proceedings.

In the summer of 2004, in a rebuke to the Supreme Court, which granted the prisoners habeas corpus rights in a ruling in June of that year (in Rasul v. Bush), the Bush administration instigated Combatant Status Review Tribunals, intended, for the most part, to rubber-stamp the prisoners’ prior designation as “unlawful enemy combatants,” who could be held without any rights whatsoever. These were followed by Administrative Review Boards, with much the same function.

When he took office in 2009, President Obama set up a high-level, inter-agency review process, the Guantánamo Review Task Force, as a result of which 48 men were recommended for ongoing imprisonment without charge or trial.

In March 2011, President Obama issued an executive order authorizing these men’s ongoing imprisonment, but promising them further reviews to be completed within a year. Shamefully, these did not begin until November 2013, but since then the reviews — the Periodic Review Boards — have been reviewing these men’s cases, and have also begun to review the cases of 25 other men initially recommended for prosecution by the task force, until the basis for prosecution spectacularly collapsed under scrutiny in the appeals court in Washington, D.C. Read the rest of this entry »

Fawzi Al-Odah Speaks: First Interview with Kuwaiti Released from Guantánamo in 2014

In this photo released by the al-Odah family, Fawzi al-Odah is shown with an unidentified relative on the left and his father Khalid on the right on his arrival in Kuwait on November 6, 2014.Via the Arabic language newspaper Al-Rai, the Kuwait Times last week featured the first interview with former Guantánamo prisoner Fawzi al-Odah since his release from the prison in November 2014, which I’m posting below with some minor changes of my own to the English language translation to make it more comprehensible.

Fawzi hasn’t spoken before, because he was in a rehabilitation center in Kuwait for a year after his release, and because no one in Kuwait wanted to do anything that might jeopardize the release of Fayiz al-Kandari, the last Kuwaiti in Guantánamo, who was freed just three weeks ago. I visited the rehabilitation center during a visit to Kuwait in February 2012, to work towards securing the release of Fawzi and Fayiz, and the photos below are from that visit. At the time the facility, located next to Kuwait’s main prison, was empty, but it had briefly been used for the two prisoners previously released, who returned to Kuwait in 2009. The government had staffed it, and had clearly spent money — and was still spending money — that was only for Fawzi and Fayiz, and yet they remained entangled in the absurd bureaucracy of Guantánamo.

I cannot vouch for the accuracy of the story that Fawzi told the Kuwaiti media. In Guantánamo, for example, he always maintained, as I described it in 2007 in my book The Guantánamo Files, that he “took a short vacation and travelled to Afghanistan in August 2001 ‘to teach and to help other people.’ After finding a liaison in the Taliban, which ‘was necessary because that was the government in Afghanistan at that time,’ he was ‘touring the schools and visiting families,’ teaching the Koran and handing out money, until his activities were curtailed after 9/11.” As I explained after his release, “He said he was then advised to leave the country, and given instructions about how to do so, and ended up, with other men, crossing the border into Pakistan, where they were then handed over to the Pakistani authorities.” Read the rest of this entry »

Shaker Aamer Discusses His 13 Years in Guantánamo, Built to “Destroy Human Beings,” and Adjusting to Freedom Since His Release

Shaker Aamer photographed by Craig Hibbert for the Mail on Sunday, December 8, 2015.The Mail on Sunday yesterday featured the first interview conducted by Shaker Aamer since his release from Guantánamo six weeks ago, and below, following my first article yesterday, are excerpts dealing with his 13 years and eight months in Guantánamo — over 5,000 days — and his adjustment to life since his release: the changes in the world, and, in particular, getting to know his family again after so long separated from them. Also included are great anecdotes about Shaker helping someone in a wheelchair — a rather typical act, I believe, for someone renowned for wanting to help others — and what happened when he tried to open a bank account. As the co-founder of the We Stand With Shaker campaign, established just over a year ago to call for his release, it is reassuring to me that he has now undertaken major media interviews — including with ITV News and with The Victoria Derbyshire Show on BBC2, broadcast today — and that he will, hopefully, soon be free to devote more of his time to campaign for the closure of Guantánamo. If viewers outside the UK have difficulty accessing the broadcasts, there are clips from the BBC interview on Twitter here, here and here.

Please also feel free to listen to me on BBC Radio London this morning. The section on Shaker began at At 01:06:27, and my interview started at 01:08:26 and finished at 01:15:10. A good interview, I thought. Please have a listen, and share it if you agree. And please also free to check out my interview with Wandsworth Radio, recorded in the evening.

Shaker Aamer speaks about Guantánamo

Remembering brutality in Guantánamo, and recalling, in particular, the approach of the Forcible Cell Extraction team, six armored soldiers, empowered to suppress, with violence, any perceived infringement of the rules, Shaker told David Rose, “You feel scared.” In Shaker’s case, FCE visits to his cell were shockingly regular, and as he said, “You know you can get hurt, because there are some huge guys there, 18, 20 stone guys, muscular. You could be paralyzed. Anything can happen. Anything.” 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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