11 Years After CIA Torture Victims Arrived at Guantánamo, Whistleblowers Joseph Hickman and John Kiriakou on How Torture “Became Legal” After 9/11

Joseph Hickman and John Kiriakou, former US whistleblowers and authors of 'The Convenient Terrorist', a new book about the US torture program, with a particular focus on Abu Zubaydah.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.

 

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.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

Judge Confirms That Trial of James Mitchell and Bruce Jessen, Architects of CIA Torture Program, Will Go Ahead

James Mitchell and Bruce Jessen as they appeared in videos of their depositions as part of the court case against them in 2017.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.

 

Great news from Washington State, as Judge Justin Quackenbush, a federal court judge, has ruled that a “civil lawsuit brought by three victims of the CIA’s torture program against the two psychologists who created it will go to court on 5 September” after finding that “more than a year of discovery had yielded sufficient evidence to support the plaintiffs’ claims,” as Larry Siems, the editor of Mohamedou Ould Shahi’s acclaimed prison memoir, Guantánamo Diary, explained in an article for the Guardian.

The decision was expected, as Judge Quackenbush had allowed the case to proceed last April, a highly important decision that I wrote about at the time in an article entitled, In Historic Ruling, US Court Allows Lawsuit Against James Mitchell and Bruce Jessen, Architects of CIA Torture Program, to Proceed. I also wrote a follow-up article in June this year, In Ongoing Court Case, Spotlight On James Mitchell and Bruce Jessen, Architects of the Brutal, Pointless CIA Torture Program, after the New York Times obtained videos of the depositions made by Mitchell and Jessen, in which the two men attempted to defend their positions (the Times also obtained the depositions of two former CIA officials and of the plaintiffs, as well as newly declassified CIA documents).

As Larry Siems explained following this week’s ruling, “It will now be up to a jury in Spokane, Washington, to decide if the psychologists, who reportedly were paid $75m-$81m under their contract with the CIA to create the so-called enhanced interrogation program, are financially liable for the physical and psychological effects of their torture.” Read the rest of this entry »

Radio: Andy Worthington Discusses Donald Trump and Guantánamo with Brian Becker on Sputnik Radio’s “Loud and Clear”

Donald Trump and a sign at Guantanamo Bay.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 first two months of the Trump administration.

 

I’ve been so busy recently that I’ve overlooked, until now, my last media appearance in the US, during my recent tour to call for the closure of Guantánamo. The show was ‘Loud & Clear,’ an hour-long Sputnik Radio show presented by Brian Becker, which is available here as an MP3.

The show began with an interview with CIA whistleblower John Kiriakou, who was jailed under President Obama for exposing details of the CIA torture program, and who was representing 20 US intelligence, diplomatic and military veterans, who, as Veteran Intelligence Professionals for Sanity (VIPS), “signed a statement calling on President Obama to present the proof of allegations that Russia was responsible for hacking during the election.”

As Donald Trump attempts, on as many fronts as possible to remake America in his image, this story now seems like something from another age, as does Guantánamo under President Obama. My segment with Brian starts at 18:40 and ends at 36:00, and I ran through why I was in the US, and Obama’s legacy — his eloquent explanations for why Guantánamo should be closed, but also his failure to prioritize Guantánamo sufficiently so that when Congress raised cynical obstructions to prevent the prison’s closure, he refused to challenge lawmakers as robustly as he should have done, moving so slowly that he ended up releasing men approved for release the day before he left office, and, of course, failed to close the prison, leaving 41 men still held — five approved for release, just ten facing trials, and 26 others eligible for Periodic Review Boards, the latest review process, established in 2013. 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 »

US Government Turns Down Request for Trial by Guantánamo Prisoner and CIA Torture Victim Abu Zubaydah

Last week, lawyers for Abu Zubaydah, an alleged “high-value detainee” in the “war on terror,” who was held in secret CIA prisons for four and a half years until his transfer to Guantánamo in September 2006, submitted a letter to the Convening Authority for the military commissions at Guantánamo, Retired Vice Admiral Bruce MacDonald, asking for their client to be charged, after more than ten years in US custody. I followed up on this by writing an article pointing out that seven other “high-value detainees” held at Guantánamo — mostly since September 2006, but in two cases since 2007 and 2008 — have also not been charged, and asked, with regard to these eight men, “Are there any plans to try them? Or is the Obama administration happy for them to be held for the rest of their lives without charge or trial — a confirmation, if any were needed, that indefinite detention without charge or trial has, through Guantánamo, become normalized?”

Today, I had planned to publish the letter that Joe Margulies and the other lawyers for Abu Zubaydah wrote to Bruce MacDonald, which Marcy Wheeler made available on her website Empty Wheel, and I am proceeding with that plan, as the letter contains an important summary of the Bush administration’s disgraceful and illegal torture program, for which no one in authority has yet been held accountable, as well as summarizing the scandalous treatment of Abu Zubaydah, and how the claims about his significance have melted away with the passage of time. It also is an indictment of the Obama administration’s unwillingness to deal adequately with the toxic inheritance left by the Bush administration.

In addition, however, I am also publishing the response to the letter that Bruce MacDonald wrote on May 17, in which he pointed out that the decision on whether or not to prosecute lies with the Office of the Chief Prosecutor — and that therefore, by inference, it is a decision that also involves defense secretary Leon Panetta and President Obama as the Commander in Chief — and also pointed out that  Abu Zubaydah can “challenge the legality of his detention by seeking a writ of habeas corpus.” 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

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