Kuwaiti Prisoners Fawzi Al-Odah and Fayiz Al-Kandari Ask Periodic Review Board to Free Them from Guantánamo

Over the last few weeks, Periodic Review Boards have been held at Guantánamo for the last two Kuwaiti prisoners, Fawzi al-Odah and Fayiz al-Kandari, who have been held for the last 12 years.

The PRBs, consisting of 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, have been taking place since last November, and were established to decide whether 71 of the remaining prisoners should still be regarded as a threat, or whether they should be recommended for release.

As opposed to the 75 men still held who were cleared for release by the Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, these 71 men were either recommended for ongoing imprisonment without charge or trial (on the dubious basis that they were too dangerous to release, even though insufficient evidence existed to put them on trial) or for prosecution (until most of the charges in the military commission trial system collapsed following legal challenges). Both Fawzi and Fayiz were recommended for ongoing imprisonment by the task force. Read the rest of this entry »

My Photos on Flickr: Visiting Kuwait to Campaign for the Last Two Kuwaiti Prisoners in Guantánamo

Welcome to KuwaitHotel foyer, KuwaitCooking breakfast in KuwaitServing breakfast in KuwaitBread and cakes for breakfastJuice for breakfast
Luxury restroomsThe Gents, Arab styleDowntown KuwaitLiberation Tower, KuwaitAt a dewaniya in KuwaitThe Kuwait Towers
Kuwait skylineKuwait's shorelineA beautiful oasis becomes a dead landLe cafe and the total destructionDewaniya with Fayiz al-Kandari's family (1)Dewaniya with Fayiz al-Kandari's family (2)
Lamb kebabs with the al-KandarisCooking kebabs at the al-Kandaris' houseThe brainstorming suite, KuwaitLeaving Kuwait

Visiting Kuwait to Campaign for the Last Two Kuwaiti Prisoners in Guantánamo, a set on Flickr.

In the six months following the opening of the Bush administration’s cruel and lawless “war on terror” prison at Guantánamo Bay, Cuba, on January 11, 2002, twelve Kuwaitis joined the hundreds of other “detainees” deprived of their rights as “enemy combatants.” In Guantánamo, these men were subjected to torture and abuse that was supposedly designed to produce “actionable intelligence,” but that, in reality, was a house of cards constructed of false statements made under duress  — not only in Guantanamo, but also in other “war on terror” prisons, including those where “high-value detainees” were held and tortured — or made by those who, having had enough of the abuse, volunteered false statements in exchange for better living conditions. (For more, see “The Complete Guantánamo Files,” my ongoing analysis of the classified military files released by WikiLeaks in April 2011).

Of the twelve Kuwaitis, ten were eventually released, between 2005 and 2009, but two remain — Fayiz al-Kandari and Fawzi al-Odah. Both men are victims of the false statements that plague the government’s supposed evidence, as I have repeatedly reported (see here, here and here, for example), but they are also victims of the legal fallout of the “war on terror”; namely, the limited opportunities for a review of their cases, through their habeas corpus petitions, which they and the other prisoners struggled to secure for many years.

Although the Guantánamo prisoners secured major victories in the Supreme Court in 2004 and 2008, when they were granted habeas corpus rights, the impact of those rulings has suffered from imprecise terms of reference, from an all-out assault by right-wing judges in the court of appeals in Washington D.C., who have conspired to gut habeas corpus of all meaning for the Guantánamo prisoners, and, most recently, through the complete indifference of the Supreme Court, which has refused to wrest control from the Circuit Court judges. Despite the absence of evidence against them, both Fayiz and Fawzi had their habeas petitions turned down (see here and here). Read the rest of this entry »

Justice Denied: The Unacceptable 10-Year Detention of Fawzi Al-Odah and Fayiz Al-Kandari, the Last Two Kuwaitis in Guantánamo

Originally posted on the “Close Guantánamo” website.

Last week, the attorney Tom Wilner and the journalist Andy Worthington (the steering committee of the “Close Guantánamo” project) were in Kuwait to raise awareness of the ongoing detention of Fayiz Al-Kandari and Fawzi Al-Odah, the last two Kuwaiti citizens in Guantánamo, and to encourage the Kuwaiti people and the government to push for their release, after ten long years in the terrible experimental prison at Guantánamo Bay, where justice has gone missing, and arbitrary detention has become the norm.

Please see here for videos of Tom and Andy (dubbed into Arabic) discussing the men’s cases on Kuwaiti TV (the Al-Rai channel), and emphasizing the need for concerted action to secure their release, along with subtitled clips from the documentary film, “Outside the Law: Stories from Guantánamo,” which Andy co-directed with Polly Nash. And see here for the petition for Fayiz, calling for the U.S. government to release him, which is hosted by Al-Oula Law, the website of his Kuwaiti lawyers. Read the rest of this entry »

Video (in Arabic): On Kuwaiti TV, Tom Wilner and Andy Worthington Discuss the Last Two Kuwaitis in Guantánamo

Following up on my visit to Kuwait last week, to assist the lawyers and activists and family members pushing for the release from Guantánamo of the last two Kuwaiti prisoners, Fayiz al-Kandari and Fawzi al-Odah, I’m pleased to make available below a series of videos of the 70-minute program that was broadcast on Friday evening on Al-Rai TV. In the show, alongside subtitled excerpts from the documentary film, “Outside the Law: Stories from Guantánamo,” which I co-directed with Polly Nash, the attorney Tom Wilner and I had, as I explained in an article yesterday, “a chance to explain why, shamefully, Guantánamo is still open, despite President Obama’s promise to close it, why Fayiz and Fawzi are still held, how they are surviving their long ordeal, and, most crucially, why the Kuwaiti people need to keep exerting pressure on their government to do more to secure their return.”

As I also noted:

We were able to explain how it is insulting for such a close ally of the US as Kuwait to be treated so badly when it comes to securing the return of Fayiz and Fawzi, how, sadly, Guantánamo has become normalized under President Obama, and the remaining 171 prisoners are now, effectively, subjected to arbitrary and indefinite detention, and how no one will be released without great effort on the part of those who, like the Kuwaiti people, have prisoners still held.

We were also able to explain how the 10th anniversary of the opening of Guantánamo, just last month, provides a spur for renewed calls for the prison’s closure — and for calling for an end to the continued detention of men like Fayiz and Fawzi, against whom nothing in the way of evidence has actually been presented. We also had the opportunity to explain how another new possibility for bringing this dark chapter of US-Kuwaiti relations to an end has been presented in recent legislation passed in the US (the National Defense Authorization Act), in which the President and his administration now have the opportunity to bypass restrictions on the release of prisoners that were imposed by Congress and have prevented the release of any prisoner from Guantánamo since January 2011. Read the rest of this entry »

After a Wonderful Visit to Kuwait, New Plans to Close Guantánamo and to Free the Last Two Kuwaiti Prisoners

Now that my first ever visit to Kuwait has come to an end — in which I was involved in events and discussions designed to raise the profile in Kuwait, and internationally, of the two remaining Kuwaitis in Guantánamo, Fayiz al-Kandari and Fawzi al-Odah — I feel as though I have been away from my home in London for weeks, and not just for five days, as the time was so busy.

I recorded an interview for the Al-Rai TV station along with the attorney Tom Wilner, which was aired along with a subtitled version of “Outside the Law: Stories from Guantánamo,” the documentary film that I co-directed with Polly Nash, and I also traveled out to Kuwait’s main prison, to visit the rehabilitation center which was established for the four remaining prisoners in 2009, but which, after two of these four were freed that year, has been lying empty ever since, its staff and facilities awaiting the return of Fayiz and Fawzi, who, like the majority of the 171 prisoners stili in Guantánamo, 89 of whom have been cleared for release, remain trapped because of the cynical twists and turns of American politics — in the Obama administration, in Congress and in the courts.

I was also driven through the desert, on the highway to Iraq, to visit the grand and spacious farm of a prominent sheikh, in order to discuss the cases of Fayiz and Fawzi, and I also attended two dewaniyas (social events described by Wikipedia as being “the core of Kuwait’s social, business and political life, the places where topics of interest are discussed, associates introduced, alliances formed, and similar networking activities undertaken”), with lawyers and with the family of Fayiz. In addition, I met up with the former prisoner Fouad al-Rabiah and with Khalid al-Odah, Fawzi’s father, and briefly met another former prisoner, Adel al-Zamel. Read the rest of this entry »

In Kuwait, Looking for American Justice — and Showing “Outside the Law: Stories from Guantánamo” on Alrai TV

Please note that the screening has been postponed until Friday evening (February 24) at 10:30 pm.

Greetings from Kuwait, where the weather is fresh and warm, and the people are very friendly. Although I have been studying Guantánamo and the “war on terror” for the last six years, this is my first visit to the Middle East, and I’m here to play whatever part I can to secure the return from Guantánamo of Fayiz al-Kandari and Fawzi al-Odah, the last two Kuwaitis in the prison.

I’m here with Lt. Col. Barry Wingard, the Pentagon-appointed military defense attorney for Fayiz al-Kandari, and his colleagues Lt. Cmdr. Kevin Bogucki and Sgt. Chad Darby, and also with the civilian attorney Tom Wilner, my colleague in the new “Close Guantánamo” campaign. I am also grateful for the support of Adel Abdulhadi of the Al-Oula law firm, and am delighted to have finally met the journalist Jenifer Fenton, who has recently been focusing on the stories of the Kuwaiti prisoners. The centerpiece of my visit is the screening, at 9.30 pm on Thursday (February 23), on Alrai TV, of the documentary film, “Outside the Law: Stories from Guantánamo,” which I co-directed with Polly Nash, followed by a studio discussion with Tom Wilner and myself. Both Tom and I feature in the film, and we had a very productive question and answer session today, when we pre-recorded the studio talk to accompany the broadcast of the film tomorrow evening.

This is a great occasion, as it is not only the biggest audience by far for the film, but also its first screening in Arabic, following a heroic mission by Polly and a number of Arabic speakers in the UK and Canada to complete the sub-titling of the film in the days before my flight to Kuwait on Monday. I hope — and anticipate — that the film’s comprehensive analysis of the many crimes and failures of the Bush administration’s “war on terror,” and the compelling human stories of the men affected by America’s journey to the “dark side,” will be as informative for the Kuwaiti audience as they have been for the Western audiences who have seen the film in screenings in the US, the UK and Europe over the last two years. Read the rest of this entry »

Can Kuwait Break the Guantánamo Deadlock?

As the tenth anniversary of the 9/11 attacks approaches, those hoping for the closure of the “War on Terror” prison at Guantánamo, which was, and remains the most notorious emblem of the Bush administration’s excessive and misguided response to the attacks, are wondering how the prison will ever close.

Through a combination of cowardice on the part of President Obama and ferocious opposition in Congress to his plans to close Guantánamo, 171 men remain at the prison, even though the President initially promised to close it within a year of taking office, and even though a Task Force he convened to review the prisoners’ cases, comprising career officials and lawyers in government departments and the intelligence agencies, recommended that only 36 of those men should be tried, and 89 others should be released.

With a Congress-imposed ban on bringing prisoners to the US mainland for any reason, and lawmakers insisting that they have the right to interfere in any plans to release prisoners, those campaigning to close Guantánamo have been obliged to seek out new angles in the effort to reawaken awareness about the ongoing injustice of Guantánamo.

To this end, a recent feature on CNN, dealing with the two remaining Kuwaiti prisoners in Guantánamo, highlighted some of the problems outlined above, as well as casting a baleful eye on the failure of the US judiciary to secure the release of prisoners. Importantly, however, it also provided a possible route out of the current paralysis regarding the closure of the prison, if the Obama administration can locate any political backbone. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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