Libyan Who Abandoned Habeas Corpus Petition, Citing Its “Futility,” Asks Review Board to Approve His Release from Guantánamo

Libyan prisoner Ismail Ali Faraj al-Bakush, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, a Libyan prisoner at Guantánamo, Ismail Ali Faraj al-Bakush (aka Ismael al-Bakush), who is 48 years old, became the 53rd prisoner to face a Periodic Review Board. The PRBs were set up in 2003 to review the cases of prisoners who had not already been approved for release, or were not facing trials, and to date 29 men have been approved for release, while 13 have had their ongoing imprisonment upheld.

This is a 69% success rate for the prisoners, which is remarkable — and remarkably damaging for the credibility of the Obama administration — because the majority of these men were described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office in January 2009, as “too dangerous to release,” when the reality has not borne out that caution. Others were recommended for prosecution, until the basis for prosecutions in Guantánamo’s military commission trial system largely collapsed after a series of devastating appeals court rulings, confirming that the war crimes being tried were illegitimate, having been invented by Congress.

Ismail al-Bakush is one of 41 men eligible for the PRBs who was initially regarded as “too dangerous to release,” even though the task force acknowledged that insufficient evidence existed against any of these men to put them on trial. 23 others were initially recommended for prosecution, and just eleven men are still awaiting reviews, while 12 others (including al-Bakush) are awaiting the results of their reviews. See my definitive Periodic Review Board list on the Close Guantánamo website for further information. Read the rest of this entry »

Who Are the Two Libyans Freed from Guantánamo and Given New Homes in Senegal?

Salem Gherebi, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.On April 3, two Libyans — former opponents of Colonel Gaddafi, who was overthrown in 2011 — were freed from Guantánamo and resettled in Senegal, whose Ministry of Foreign Relations issued a statement pointing out that the two men were granted “asylum … in accordance with the relevant conventions of international humanitarian law, also in the tradition of Senegalese hospitality and Islamic solidarity with two African brothers who have expressed interest in resettlement in Senegal after their release.”

The two men — Omar Mohamed Khalifh, 44 (ISN 695), and Salem Gherebi, 55 (ISN 189) — are the first former prisoners to be resettled in the west African country, and with their release 89 men remain in Guantánamo, of whom 35 have been approved for release — 23 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, and 12 other approved for release since January 2014 by another high-level review process, the Periodic Review Boards.

Khalifh, also identified as Omar Khalif, went before a Periodic Review Board in June 2015 and was approved for release in September, bringing freedom within sight for an amputee with numerous other health problems who, as the Libyan-born British resident Omar Deghayes (released from Guantánamo in December 2007) told me in 2010, was not who the Americans thought he was: Read the rest of this entry »

Shrapnel-Damaged Libyan Amputee Seeks Release from Guantánamo via Periodic Review Board

Guantanamo prisoner Omar Mohammed Khalifh in a photo included in the classified military files released by WikiLeaks in 2011.On June 24, Omar Mohammed Khalifh (ISN 695, identified by the US authorities as Omar Khalif Mohammed Abu Baker or Omar Khalifa Mohammed Abu Bakr), a Libyan prisoner at Guantánamo who is 42 or 43 years old, took part in a Periodic Review Board, a process that involved him talking by video-link, accompanied by his civilian lawyer and two US military personal designated as “personal representatives,” who also spoke on his behalf, to 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, in a secure facility near Washington D.C.

Khalifh is one of 39 prisoners still held who were designated for ongoing imprisonment without charge or trial in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 to review the cases of all the prisoners held at that time and to recommend whether they should be freed or prosecuted, or whether they should continue to be held without charge or trial, because they were regarded as too dangerous to release, but it was acknowledged that insufficient evidence existed to put them on trial.

In a world that respects the rule of law, this third option is a disgrace, as it gives weight to information that is too flimsy to be regarded as evidence and should therefore be discredited — often because it was derived through the use of torture or other abuse. Read the rest of this entry »

UK Appeals Court Rules Abdel Hakim Belhaj, Rendered to Torture in Gaddafi’s Libya, Can Sue British Government

What a long road to justice this is turning out to be. Back in December 2011, Abdel Hakim Belhaj (aka Belhadj), a former opponent of the Gaddafi regime, who, in 2004, in an operation that involved the British security services, was kidnapped in China with his pregnant wife and delivered to Colonel Gaddafi, first attempted to sue the British government — and, specifically, the former foreign secretary, Jack Straw, MI6’s former director of counter-terrorism, Sir Mark Allen, the Foreign Office, the Home Office and MI5.

Since then, the government has fought to prevent him having his day in court, but on Thursday the court of appeal ruled, as the Guardian described it, that the case “should go ahead despite government attempts to resist it on grounds of the ‘act of state doctrine’, arguing that the courts could not inquire into what happened because it involved a foreign state.” The Guardian added that the ruling “establishes a significant precedent for other claims,” although it is possible, of course, that the Foreign Office will appeal to the Supreme Court.

The Guardian also noted that the British government had “maintained that the UK’s relations with the US would be seriously damaged if Belhaj was allowed to sue and make his case in a British court.” However, the judgment said that “while the trial relating to the couple’s rendition was likely to require a British court to assess the wrongfulness of acts by the CIA and Libyan agents, that was no reason to bar the claim.” Read the rest of this entry »

Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?

I wrote the following report exclusively for the “Close Guantánamo” campaign and website, which I established in January 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.

POSTSCRIPT January 2013: The Center for Constitutional Rights has confirmed that a 56th prisoner was added to this list after its initial drafting — Djamel Ameziane, an Algerian mentioned below.

UPDATE March 14, 2014: Please note that this list of 56 men cleared for release by the Guantánamo Review Task Force (plus the 30 other Yemenis cleared for release but held in “conditional detention” until the authorities are satisfied that the security situation in Yemen has improved) reflected the situation at Guantánamo from the time of its publication in October 2012 until August 2013, when two Algerians on the list were released, followed by eight other cleared prisoners in December, and one more in March 2014. I have noted who has been released on the list. As a result of these releases, there are now 76 cleared prisoners (46 plus the 30 Yemenis in “conditional detention”). For a breakdown of who is who (including the identities of the 30 Yemenis in “conditional detention”), see the “Close Guantánamo” prisoner list.

On September 21, lawyers for the Guantánamo prisoners — and others who had been watching Guantánamo closely — were completely taken by surprise when, as part of a court case, the Justice Department released the names of 55 of the 86 prisoners cleared for release from Guantánamo in 2009 by President Obama’s Guantánamo Review Task Force.

The Task Force was made up of officials and lawyers from all the relevant government departments and from the intelligence agencies, and its final report was issued in January 2010. Of the 166 prisoners still held, 86 of those were recommended for release, but are still held, and the list reveals, for the first time ever, 55 of those names. Read the rest of this entry »

Obama Releases Names of Cleared Guantánamo Prisoners; Now It’s Time to Set Them Free

On Friday, as part of a court case, the Justice Department released the names of 55 of the 86 prisoners cleared for release from Guantánamo in 2009 by President Obama’s Guantánamo Review Task Force, which consisted of officials from key government departments and the intelligence agencies. The Task Force’s final report was issued in January 2010.

Until now, the government has always refused to release the names, hindering efforts by the prisoners’ lawyers — and other interested parties — to publicize their plight.

The rationale for this was explained by Ambassador Daniel Fried, the State Department’s Special Envoy for the Closure of the Guantánamo Bay Detention Facility, in June 2009, when he stated that “indiscriminate public disclosure of the decisions resulting from reviews by Guantánamo Review Task Force will impair the US Government’s ability effectively to repatriate and resettle Guantánamo detainees” under the executive order establishing a review of the prisoners’ cases, which was issued on President Obama’s second day in office in January 2009, at the same time that he promised to close Guantánamo within a year. 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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