Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.Please support my work as a reader-funded journalist! 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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

As Two Former Guantánamo Prisoners Disappear in Libya After Repatriation from Asylum in Senegal, There Are Fears for 150 Others Resettled in Third Countries

Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), Libyans resettled in Senegal in April 2016, who are now threatened with being sent back to Libya, which is not safe for them. The photos are from the classified military files released by WikiLeaks in 2011.

Please support my work as a reader-funded journalist! 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.

 

Congratulations to the New York Times for not giving up on the story of the two former Guantánamo prisoners who were recently repatriated to Libya despite having been given humanitarian asylum in Senegal two years ago, on the understanding that they would not be sent back to Libya, as it was unsafe for them. The story is particularly significant from a US perspective, because of the role played — or not played — by the State Department, which, under President Obama, facilitated the resettlement of the men, and many others, and, in general, also kept an eye on them after their release.

The story first emerged three weeks ago, when I was told about it by former prisoner Omar Deghayes, and the Intercept published an article. My article is here. A week later, the New York Times picked up on the story, reporting, as Omar Deghayes also confirmed to me, that one of the two men, Salem Ghereby (aka Gherebi) had voluntarily returned to Libya, as he desperately wanted to be united with his wife and children, and because he hoped that his connections in the country would prevent him from coming to any harm. My second article is here.

Unfortunately, on his return, Salem Ghereby was imprisoned at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported, and the British NGO CAGE then reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I wrote about that here, and then exclusively published Salem Gherebi’s letter explaining why he had chosen to be repatriated. Read the rest of this entry »

Update on Senegal’s Dire Determination to Send Back to Libya Two Former Guantánamo Prisoners Granted Humanitarian Asylum in 2016

Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), Libyans resettled in Senegal in April 2016, who are now threatened with being sent back to Libya, which is not safe for them. The photos are from the classified military files released by WikiLeaks in 2011.Please support my work as a reader-funded journalist! 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.

 

Last week, I published an article, Betrayal: Senegal Prepares to Send Two Former Guantánamo Prisoners Back to Libya, Where They Face Imprisonment, Torture and Even Execution, looking at the terrible news that two Libyan nationals were being threatened with deportation to Libya. The two men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), were given humanitarian asylum in Senegal two years ago, on the understanding, agreed with the US State Department, that it was permanent, and that they would not, under any circumstances, be returned to Libya, where the security situation was so fraught that it was not possible to guarantee their safety as former Guantánamo prisoners tainted, unfairly, with the stamp of terrorism.

When I published my article, the Senegalese government’s threat was to send the two men back to Libya on April 3, and there were hopes that criticism might stop the plans from going ahead. However, on April 4, the Guantánamo Justice Centre, set up by former prisoners, posted the following update: “Regarding the situation of Omar and Salem previously given refuge in Senegal, we regret to report that eye witnesses have said one of the Guantánamo survivors was transferred today to Tripoli Mitiga Airport.”

On April 5, the New York Times picked up the story. On the ground in Senegal, Dionne Searcey confirmed that Khalifa had “disappeared from his once-guarded apartment in Dakar that now appears abandoned.” The Times added that the Senegalese government had said that Khalifa, identified as Awad Khalifa, “was not being deported.” However, neighbors said Khalifa and Salem Ghereby “were taken away on Tuesday afternoon.” The Times also explained that, hours earlier, “they had told a New York Times reporter visiting the apartment” — Dionne Searcey, presumably — “that they had received handwritten notices that they would be sent to Libya.” Read the rest of this entry »

The Hideous Pointlessness of Donald Trump’s Executive Order Keeping Guantánamo Open

Images of Donald Trump and Guantanamo.Please support my work as a reader-funded journalist! 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.

 

Reading Donald Trump’s pompously-entitled “Presidential Executive Order on Protecting America Through Lawful Detention of Terrorists,” which officially keeps the prison at Guantánamo Bay open, reversing a policy of closing it that was held by both of his predecessors, Barack Obama, and, in his second term, George W. Bush, is to step back in time to when Bush and his administration sought to defend their lawless escapade — back in his first term, before the novelty soured.

Straight after the 9/11 attacks, in the Authorization for Use of Military Force (AUMF), Congress authorized the president “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

That document underpins the detention of prisoners at Guantánamo, a detention power the Supreme Court defended in June 2004, in Hamdi v. Rumsfeld, approving imprisonment until the end of hostilities for the men held at Guantánamo, and, as I have frequently noted, essentially setting up, as a result, a parallel version of the Geneva Conventions, a bizarre development without precedent. Read the rest of this entry »

Shutting the Door on Guantánamo: The Significance of Donald Trump’s Failure to Appoint New Guantánamo Envoys

Sunrise at Camp Delta, Guantanamo, August 14, 2016 (Photo: George Edwards).

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.

Last week, Vice News ran a noteworthy article, Trump hasn’t appointed anyone to keep track of released Guantánamo detainees, highlighting how the Trump administration’s lack of interest in understanding the nature of the prison at Guantánamo Bay is actually endangering national security.

As Alex Thompson reported, although Donald Trump “has vowed to take the detention center at Guantánamo Bay and fill it with ‘some bad dudes,’ … he hasn’t yet filled the top two positions in the federal government specifically tasked with overseeing the over 700 former detainees who’ve already been released to ensure they do not become security threats.”

Under President Obama, the job of monitoring former prisoners and “coordinating their transitions to civilian life” was largely fulfilled by “two small special envoy offices”: “one at the Department of Defense that reviews detainees considered for release and then tracks the intelligence community’s reports on them, and one at the State Department that helps coordinate communication between detainees and their lawyers, host-country governments, US embassies, and the Department of Defense.” Read the rest of this entry »

Review Boards Approve Ongoing Imprisonment of Three More Prisoners at Guantánamo, Even As Lawmakers Urge Donald Trump to Scrap Them

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).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 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.

The problem with Guantánamo has never been what right-wingers delude themselves into thinking it is — that it’s a perfect acceptable, secure facility for holding terrorists whose existence is undermined by liberals constantly trying to close it down, endangering America’s national security.

Instead, the problem is Guantánamo itself, a place of arbitrary detention, where very few of the 779 people held there by the military over the last 15 years have genuinely been accused of any involvement with terrorism, but where, because of the Bush administration’s contempt for internationally recognized laws and treaties regarding imprisonment, the majority of the men held — overwhelmingly, foot soldiers for the Taliban, and civilians, many sold for bounties — have been deprived of any rights whatsoever, and can only be freed at the whim of the executive branch.

For a brief period from 2008 to 2010, those held could appeal to the US courts, where judges were able to review their habeas corpus petitions, and, in a few dozen cases, order their release, but this loophole was soon shut down by politically motivated judges in the court of appeals in Washington, D.C., and the Supreme Court has persistently refused to revisit the positive rulings it made regarding the prisoners’ habeas corpus rights in 2004 and 2008, hurling the men back into a disgraceful legal limbo in which their only hope for release lies, yet, again, with the presidential whim. Read the rest of this entry »

Emptying Guantánamo: Obama to Release 17 or 18 Prisoners Before Trump Takes Over

Muieen Abd al-Sattar, a stateless Rohingya Muslim, who is not one of the men who will be released before President Obama leaves office, despite having been approved for release in 2009. The photo is from the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $3000 (£2400) to support my writing and campaigning on Guantánamo into the new year.

 

Excellent news from Guantánamo yesterday, as Charlie Savage, in the New York Times, confirmed what those of us seeking the prison’s closure had hoped — that the majority of the 22 men approved for release (out of the 59 men still held) will be freed before President Obama leaves office.

Because of requirements put in place over many years by a hostile Congress, the Pentagon must notify Congress 30 days before a release — a “transfer” — is to take place, and the deadline for securing releases before Obama leaves office was therefore this Monday, December 19. By late in the day, officials told the Times, the administration had secured homes for 17 or 18 of the remaining prisoners, who, crucially, will be sent to Italy, Oman, Saudi Arabia and the United Arab Emirates.

The Gulf countries have all taken prisoners in the last two years — almost all of them Yemenis, for whom third countries had to be found because the entire US establishment is unwilling to repatriate Yemenis based on fears about the security situation in their homeland. Four were sent to Oman in January 2015, another six in June 2015, and five were sent to the UAE in November 2015. Another ten were sent to Oman in January 2016, and another 12 were sent to the UAE in August 2016 (with three Afghans, whose repatriation had been prohibited by Congress, based on fears about them ending up taking up arms against US forces). In addition, another nine Yemenis were sent to Saudi Arabia in April 2016. 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 »

Nine Yemenis Freed from Guantánamo to Saudi Arabia; 80 Prisoners Remain

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.

Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.

The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” 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 »

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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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