On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

To coincide with some renewed activity in connection with the Bush administration’s torture program — namely, the ACLU suing James Mitchell and Bruce Jessen, the former military psychologists who set up the program — I’m taking the opportunity to make available a video of my song ‘81 Million Dollars‘ about the torture program, and about Mitchell and Jessen.

$81m is the amount Mitchell and Jessen were paid for taking their experience as psychologists involved in the US military’s SERE (Survival, Evasion, Resistance, Escape) program — which involved subjecting US personnel to torture to prepare them if they were seized by a hostile enemy — and reverse-engineering it for use in real-life situations, something for which they were abjectly unqualified.

The result, as the executive summary of the Senate Intelligence Committee’s CIA torture report made clear last December, was unspeakably brutal and pointless, producing no information that could not have been produced without the use of torture. It also involved the CIA lying about its actions.

See below for the video, of myself and Richard Clare of my band The Four Fathers, playing the song last month while my friend Todd Pierce (the former military defense attorney who represented Guantánamo prisoners in their military commission trials) was staying with me. Please note also that the version by the full band is available here on Bandcamp, where those interested can buy it for just 60p ($0.93), or as part of the whole of our album ‘Love and War’ — as a download or on CD. Read the rest of this entry »

Of the tens of thousands of victims of the Bush administration’s novel approach to detention in the “war on terror” — which involved shredding the Geneva Conventions, the use of torture and indefinite detention without charge or trial, and, in some cases, extraordinary rendition —  few of the victims were American citizens, but three particular individuals need to be remembered, because they were not only tortured and held without charge or trial for years, but their torture and lawless detention took place on US soil.

The three men are Jose Padilla, Yaser Hamdi and Ali al-Marri (the latter a legal US resident rather than a citizen), and Padilla — a former Chicago gang member who converted to Islam, and was held as an “enemy combatant” on US soil from May 2002, when he was seized after returning him from Pakistan, until November 2005 — was back in the news last week when a judge extended to 21 years the sentence of 17 years and four months he received in January 2008, when he was convicted of conspiracy to murder, kidnap and maim people abroad, and providing material support for terrorism.

The sentence was a disgrace, as I explained at the time in an article entitled, “Why Jose Padilla’s 17-year prison sentence should shock and disgust all Americans,” because of Padilla’s torture, which had destroyed his mind, because the judge prohibited all mention of his torture during the trial, and because the “dirty bomb plot” he had allegedly been involved in had turned out to be non-existent, and his trial and sentence was based instead on his involvement in a handful of phone calls that made reference to jihad. Read the rest of this entry »

I’ve been meaning for some time to post a video of my friend Todd Pierce, a retired major in the US Army JAG (Judge Advocate General) Corps, being interviewed on the “London Real” show run by US ex-pat — and former banker — Brian Rose.

Todd retired from the US military in November 2012, but he had previously been involved in representing two prisoners charged in the military commissions at Guantánamo, which, for prosecuting alleged war criminals in the “war on terror,” were revived by the Bush administration in November 2001 based on their use on would-be Nazi saboteurs in World War II. They were then ruled illegal by the Supreme Court in June 2006, revived again by Congress in the fall of 2006, and revived again under President Obama in 2009.

Todd was part of the legal team for Ibrahim al-Qosi, from Sudan, who accepted a plea deal and was freed in July 2012, and Ali Hamza al-Bahlul, who refused all representation, and was given a life sentence in November 2008 after a disgraceful one-sided trial. Ironically, al-Bahlul is one of two prisoners (along with Salim Hamdan) who shook the tattered credibility of the commissions in October 2012 and January 2013, when the appeals court in Washington D.C. threw out the convictions against both men on the basis that the alleged war crimes for which they had been convicted were not war crimes at all, and had been invented by Congress. In al-Bahlul’s case, the government has appealed, but a ruling has not yet been delivered, and he remains held. Read the rest of this entry »

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

This is a grim time of year for anniversaries relating to Guantánamo. Two days ago, February 6, was the first anniversary of the start of last year’s prison-wide hunger strike, which woke the world up to the ongoing plight of the prisoners — over half of whom were cleared for release by a Presidential task force over four years ago but are still held.

The hunger strike — which, it should be noted, resumed at the end of last year, and currently involves dozens of prisoners — forced President Obama to promise to resume releasing prisoners, after a three-year period in which the release of prisoners had almost ground to a halt, because of opposition in Congress, and President Obama’s unwillingness to overcome that opposition, even though he had the power to do so.

To mark the anniversary, a number of NGOs — the ACLU, Amnesty International, the Center for Constitutional Rights, Human Rights First and Human Rights Watch — launched a campaign on Thursday, “Take a Stand for Justice,” encouraging people to call the White House (on 202-456-1111) to declare their support for President Obama’s recent call for Guantánamo to be closed for good (in his State of the Union address, he said, “With the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantánamo Bay”). Please call the White House if you can, and share the page via social media. Read the rest of this entry »

Six weeks ago, on June 26, the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I posted the first half of a newly released documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch and Stephen Rohde of the ACLU.

The documentary, which looks at the many ways in which the most senior figures in the Bush administration — including George W. Bush, Dick Cheney and Donald Rumsfeld — have escaped accountability for the crimes committed in the “war on terror” declared after the 9/11 attacks, was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.

The producer, John Odam, has just sent me a link to the second part of this powerful documentary, on YouTube, which I’ve made available below, along with the first part. It features all of the experts interviewed in the first half, as well as Stephen Zunes, a Professor of Politics and International Studies at the University of San Francisco. Read the rest of this entry »

As today is the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I’d like to take this opportunity to promote a newly released half-hour documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch, and Stephen Rohde of the ACLU.

The film, the first of a two-part documentary (with the second part to follow later in the year) was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.

Dealing with the illegal invasion of Iraq, the establishment of Guantánamo, “extraordinary rendition,” CIA “black sites,” America’s secret torture program, and the guilt of those responsible for initiating the war, the arbitrary detention and the torture — including George W. Bush, Dick Cheney, Donald Rumsfeld and Condoleezza Rice  — the film also covers the case of Ibn al-Shaykh al-Libi, who I spoke about. Read the rest of this entry »

“It is indisputable that the United States engaged in the practise of torture.” These powerful words are from “The Report of the Constitution Project’s Task Force on Detainee Treatment,” a 600-page report involving a detailed analysis of the treatment of prisoners following the terrorist attacks of September 11, 2001. The project took two years to complete, and its conclusions are difficult to dismiss, as the eleven-member panel constitutes a cross-section of the US establishment.

The co-chairs are Asa Hutchinson, who, as the Atlantic described it, “served in the Bush Administration as a Department of Homeland Security undersecretary from 2003 to 2005, and as the administrator of the Drug Enforcement Administration before that,” and James R. Jones, “a former US ambassador to Mexico and a Democratic member of the House of Representatives for seven terms.”

Other members of the panel include “Talbot D’Alemberte, a former president of the American Bar Association; legal scholar Richard Epstein; David Gushee, a professor of Christian ethics; David Irvine, a former Republican state legislator and retired brigadier general; Claudia Kennedy, ‘the first woman to receive the rank of three-star general in the United States army’; naval veteran and career diplomat Thomas Pickering; [and] William Sessions, director of the FBI in three presidential administrations.”

The project was undertaken because, as the Task Force explained, “the Obama administration declined, as a matter of policy, to undertake or commission an official study of what happened, saying it was unproductive to ‘look backwards’ rather than forward.” Read the rest of this entry »

As the world’s media marked the 10th anniversary of the invasion of Iraq on Tuesday, I was honoured to be asked to speak to Dennis Bernstein, the veteran progressive radio host at KPFA in Berkeley.

Dennis and I have spoken before, and it’s always a pleasure to talk with him, but I was particularly pleased that I was asked to speak about Guantánamo as part of a program about Iraq, as far too few people in the media make the connections between the invasion of Iraq, the invasion of Afghanistan, Guantánamo, Abu Ghraib, the use of torture and “black sites.”

The show is available here, or you can listen directly to the MP3 here.

At the start of the show, Dennis spoke to Raed Jarrar, an Iraqi exile who works for the American-Arab Anti-Discrimination Committee, and who delivered a searing indictment of the apologist for the Iraq war, ten years on, who pretend that it was, on an level, worthwhile, when, as he pointed out, it led to “one million dead, five million displaced, and the country in a shambles.”

My segment starts at 28 minutes in and last for a quarter of an hour, and began with Dennis asking me to recap how I researched the story of Guantánamo, and got to know about the stories of the men held there (through an analysis of 8,000 pages released by the Pentagon as the result of an FOIA lawsuit), and why the lies told about them — that they were “the worst of the worst” — were so outrageous: primarily, because the majority of the prisoners were bought for bounty payments from their Afghan and Pakistani allies, and because most of what purports to be evidence against them consists of dubious or patently false statements made by the prisoners themselves, or by their fellow prisoners, through the use of torture, abuse, or bribery (the promise of better living conditions). 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 »