The New York Times’ Linda Greenhouse on Guantánamo: “Born in Fear and Sustained Through Political Cynicism and Public Indifference”

Guards in a watchtower at Guantánamo Bay.

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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.

Two weeks ago, the 18 year-long struggle by lawyers, NGOs and all decent people to bring justice to the men held at Guantánamo reached a new low point in the court of appeals (the D.C. Circuit Court) in Washington, D.C., as I explained at the time in an article entitled, Trump-Appointed Appeals Court Judge Rules That Guantánamo Prisoners Don’t Have Due Process Rights.

The judge in question, Judge Neomi Rao, appointed by Donald Trump last year, is an enthusiastic supporter of the opposition, by various judges in the court, to the landmark Supreme Court case Boumediene v. Bush, decided in June 2008, which granted constitutionally guaranteed habeas corpus rights to the Guantánamo prisoners.

That ruling led to the only time in Guantánamo’s history when the law has successfully applied at the prison. From 2008 until 2010, 38 prisoners had their habeas corpus petitions granted by District Court judges, and the majority of those men were released.

Read the rest of this entry »

The Man They Don’t Know: Saeed Bakhouche, an Algerian, Faces a Periodic Review Board at Guantánamo

Not Saeed Bakhouche: The US authorities claim that this photo is of Algerian Guantanamo prisoner, who was facing a periodic review Board last week, but as Bakhouche's attorney, Candace Gorman, has pointed out, the man in this photo is not Saeed Bakhouche, and no one seems to know who it is. is it possible to trust the US authorities when, in Saeed Bakhouche's case, they don't seem to know who they are holding?On Tuesday May 24, Saeed Bakhouche, a 45-year old Algerian who has been held in the US prison at Guantánamo Bay since June 2002, became the 40th prisoner to face a Periodic Review Board at Guantánamo.

Like many Guantánamo prisoners, Bakhouche has also been known by another name – in his case, Abdel Razak Ali, a name he gave when he was captured – but to the best of my knowledge he is the only prisoner whose classified military file, compiled in 2008 and released by WikiLeaks in 2011, has a photo that purports to be him, but is not him at all. No one seems to know who it is, but it is not Saeed Bakhouche.

Moreover, his attorney, Candace Gorman, told me that a different photo – again, not of her client – was displayed outside his cell for a year and a half, a mistake that had disturbing ramifications, because this was the same photo shown to other prisoners during interrogations, leading to a situation whereby information about someone else was added his file as though it related to him.

The fact that the US authorities have, historically, not known who Saeed Bakhouche is, does not, however, appear to have been conveyed to the members of his PRB, which involves 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. Set up in 2013, the boards are reviewing the cases of 41 men previously described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, as “too dangerous to release,” although that has turned out to have been outrageous hyperbole. Of the 40 men whose cases have so far been reviewed, eleven are awaiting decisions, just seven have had their ongoing imprisonment approved, while 22 have had their release recommended — and nine of those have, to date, been freed. 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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