Periodic Review Board Decides Yemeni at Guantánamo Still Poses A Threat 14 Years After Capture

Guantanamo prisoner Suhayl al-Sharabi (aka Zohair al-Shorabi) in a photo included in the classified military files released by WikiLeaks in 2011.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.

In its latest “Unclassified Summary of Final Determination,” a Periodic Review Board at Guantánamo — a high-level review process involving 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 — decided, by consensus, that “continued law of war detention” of Suhayl Abdul Anam al-Sharabi (aka Zohair al-Shorabi, ISN 569), a 38- or 39-year old Yemeni, “remains necessary to protect against a continuing significant threat to the security of the United States.”

The decision, dated March 31, 2016, and following on from his PRB on March 1, is not entirely surprising for two reasons — firstly, because of allegations levelled against al-Sharabi, suggesting that he was actually involved with terrorists, unlike the majority of prisoners held at Guantánamo since the prison opened in January 2002, and, coupled with this, a failure on his part to show contrition, and to come up with a plan for his future.

In its determination, the board stated that its members had “considered the detainee’s past involvement with terrorist activities to include contacts with high-level al Qaeda figures, living with two of the 9/11 hijackers in Malaysia, and possible participation in KSM’s plot to conduct 9/11-style attacks in Southeast Asia. The Board noted the detainee’s refusal to admit the extent of his past activities, as well as his evasive and implausible responses to basic questions. Further, the Board considered the detainee’s defiant behavior while in detention, which has only recently changed to be more compliant, and the detainee’s lack of a credible plan for the future.” Read the rest of this entry »

The American Lawyer’s Six Guantánamo Bar Profiles: Thomas Wilner, David Remes, Jennifer Cowan, Wells Dixon, David Nevin and Lee Wolosky

Thomas Wilner of Shearman & Sterling (Photo: Diego M. Radzinschi).

The November 2015 issue of The American Lawyer featured a “Special Report: The Guantánamo Bar,” consisting of six interviews with attorneys who have worked on Guantánamo. I’m cross-posting them below, as I think they will be of interest, and I also estimate that many of you will not have come across them previously.

The six lawyers featured were: Thomas Wilner of Shearman & Sterling; David Remes, formerly of Covington & Burling; Jennifer Cowan of Debevoise & Plimpton; J. Wells Dixon of the Center for Constitutional Rights; Public Defender David Nevin; and Lee Wolosky of Boies, Schiller & Flexner. Wolosky was appointed last June as the White House’s special envoy for Guantánamo closure, while the rest have represented prisoners held at Guantánamo.

Thomas Wilner represented a number of Kuwaiti prisoners, and also represented the prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. He is co-founder, with me, of the Close Guantánamo campaign, launched in January 2012, through which, for the last four years, we have been attempting to educate people about why Guantánamo must be closed, and who is held there, and I’m pleased to note that The American Lawyer described him as “the most vocal proponent in the Guantánamo bar for the closure of the offshore prison.” Read the rest of this entry »

Obama Plans to Move 24 Guantánamo Prisoners to US Mainland, Send A Dozen for Trials in Other Countries

Campaigners in Florida call for the closure of Guantanamo outside the gates of US Southern Command, January 9, 2016 (Photo: Andy Worthington).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.

As the Countdown to Close Guantánamo continues, with over 150 people now having submitted photos of themselves holding posters telling President Obama how many days he has left to close the prison at Guantánamo Bay (see the photos here and here), Ben Fox of the Associated Press has provided an informative update about how the Obama administration plans to close the prison before President Obama leaves office.

With just 91 men left at Guantánamo, we have been calling for the 34 men currently approved for release to be released as soon as possible, for arrangements to be made for the men facing (or having faced) trials (just ten of those still held) to be moved to the US mainland, and for reviews to take place as swiftly as possible for the 47 other men, who are all eligible for Periodic Review Boards.

A high-level, inter-agency review process, the PRBs were set up in 2013 to ascertain whether to release or continue holding 46 men previously regarded as “too dangerous to release” (despite a lack of evidence against them) and 25 others recommended for prosecution in military commissions until the courts struck down the charges in most of the trials because they had been invented by Congress. Read the rest of this entry »

“America’s Shame,” Rolling Stone’s Detailed – and Damning – Article About Guantánamo

Prisoners regarded as "compliant" sharing communal facilities inside Guantanamo's Camp Six (Photo: JTF GTMO Mass Communication Specialist 2nd Class Elisha Dawkins).As all eyes are focused on Iowa, on the first caucus of this year’s Presidential election race, I thought I’d cross-post an interesting article about Guantánamo that was recently published in Rolling Stone, written by Janet Reitman. This is a long and detailed article, taking as its springboard a visit to one of the pre-trial hearings in Guantánamo’s military commissions, the alternative trial system set up for the “war on terror,” at the particular instigation of Dick Cheney and his legal adviser David Addington, which seems able only to demonstrate, in its glacially slow proceedings, that it is unable to deliver justice.

I confess that, in recent years, I have rather taken my eye off the military commissions, although I commend those who still visit Guantánamo to write about them, chief amongst whom is Carol Rosenberg of the Miami Herald. I put together a detailed list of who has been charged — plus the eight convictions and the four verdicts that have subsequently been overturned — two years ago, and in that article I stated:

I’ve been covering the commissions since 2006, and I have never found that they have established any kind of legitimacy, compared to federal courts, where crimes should be tried. This conclusion has only been strengthened in recent years, as conservative appeals court judges in Washington D.C. have overturned two of the eight convictions on the basis that they were for war crimes that were invented by Congress rather than being internationally recognized.

Read the rest of this entry »

European Court of Human Rights Delivers Powerful Condemnation of US Torture Program and Poland’s Role Hosting a CIA “Black Site”

Last week there was some extremely important news for those of us who have spent many long years hoping to hold senior US officials — up to and including former President George W. Bush and former Vice President Dick Cheney — accountable for approving and implementing a torture program in the “war on terror,” when the European Court of Human Rights unanimously condemned the US for implementing a program of extraordinary rendition and torture, and condemned Poland for its involvement in the program by hosting a secret torture prison — a CIA “black site” —  on its soil in 2002-03.

The rulings were delivered in the cases of two men, Abd al-Rahim al-Nashiri, a Saudi national accused of masterminding the attack on the USS Cole in 2000, and Abu Zubaydah (a Saudi-born Palestinian whose real name is Zayn al-Abidin Muhammad Husayn), mistakenly described as al-Qaeda’s number 3 after his capture in March 2002. In its report on the rulings, the New York Times provided a more appropriate description of Zubaydah as someone who is “believed to have overseen the operation of guesthouses in Pakistan,” who vetted recruits and “provided letters of recommendation allowing them to be accepted for training at a paramilitary camp in Afghanistan” — which, it should be noted, was not affiliated with al-Qaeda.

Both men are currently held at Guantánamo, where they have been since September 2006, but they were held for over four years in “black sites” where they were subjected to torture, including the site in Poland that the European Court of Human Rights highlighted in its rulings. Read the rest of this entry »

The 9/11 Trial at Guantánamo: The Dark Farce Continues

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.

In two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.

Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”

Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Sulaiman Abu Ghaith’s Unexpected Testimony in New York Terrorism Trial

On Wednesday, Sulaiman Abu Ghaith (also identified as Sulaiman Abu Ghayth), the Kuwaiti cleric who is on trial in New York accused of terrorism, surprised the court by taking to the witness stand to defend himself.

Abu Ghaith, 48, who was held for over ten years under a form of house arrest in Iran before being freed in Turkey, and, via Jordan, ending up in US custody last year, appeared in broadcasts from Afghanistan immediately after the 9/11 attacks as a spokesman for Al-Qaeda.

He is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists — charges that include the claim that he had knowledge of Al-Qaeda’s operations, including plots involving shoe bombs (for which a British man, Richard Reid, was arrested, tried and convicted in 2002). As the New York Times described it, the government “said in court papers that as part of his role in the conspiracy and the support he provided to Al Qaeda, Mr. Abu Ghaith spoke on behalf of the terrorist group, ’embraced its war against America,’ and sought to recruit others to join in that conspiracy.” Read the rest of this entry »

From Guantánamo, Khalid Sheikh Mohammed’s Declaration in the New York Trial of Sulaiman Abu Ghaith

So here’s a fascinating document from the trial of Sulaiman Abu Ghaith in New York — a 14-page statement by Khalid Sheikh Mohammed, written in response to questions Abu Ghaith’s lawyers submitted to him at Guantánamo, where he has been held since September 2006, following three and half years in “black sites” run by the CIA, and where, notoriously, he was subjected on 183 occasions to waterboarding, an ancient torture technique that is a form of controlled drowning. I am posting a transcript of the statement below, as I believe it is significant, and it is, of course, rare to hear directly from any of the “high-value detainees” held at Guantánamo, because every word they speak or write is presumptively classified, and the authorities generally refuse to unclassify a single word.

Abu Ghaith (also identified as Sulaiman Abu Ghayth) is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists, primarily for his alleged role as a spokesperson for Al-Qaeda immediately after the 9/11 attacks. Following the US-led invasion of Afghanistan, he fled to Iran, where he was held under a form of house arrest — and where he met and married one of Osama bin Laden’s daughters, who was also held under house arrest — until January 2013, when he was released to Turkey.

It was at this point that the US authorities became aware of his release from Iranian custody. At the request of the US, he was briefly detained, but soon released because he had not committed any crime on Turkish soil. The Turkish government then apparently decided to deport him to Kuwait, but on a stop-over in Amman, Jordan, he was arrested by Jordanian officials and turned over to US officials, who subsequently extradited him to the United States. Read the rest of this entry »

Poland and Lithuania Haunted by Their Involvement in Hosting CIA Torture Prisons

In the long search for accountability for the torturers of the Bush administration, which has largely been shut down by President Obama, lawyers and human rights activists have either had to try shaming the US through the Inter-American Commission on Human Rights, or have had to focus on other countries, particularly those that hosted secret CIA torture prisons, or had explicit involvement in extraordinary rendition.

Successes have been rare, but hugely important — the conviction of CIA officials and operatives in Italy, for the blatant daylight kidnap of Abu Omar, a cleric, on a street in Milan in February 2003, and the court victory in Macedonia of Khaled El-Masri, a German citizen kidnapped in Macedonia, where he had gone on a holiday, and sent to a CIA “black site” in 2003 until the US realized that his was a case of mistaken identity. In the UK, the whiff of complicity in torture at the highest levels of the Blair government led to pay-offs for the British nationals and residents sent to Guantánamo.

Court cases were also launched in Spain, although they were suppressed, in part because of US involvement (under President Obama), and currently there are efforts to hold the US accountable before the African Commission on Human and Peoples’ Rights for its use of Djibouti in a number of cases involving “extraordinary rendition” and “black sites.” 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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