Ten Years On, Guantánamo’s Former Chief Prosecutor on Why He Resigned Because of Torture, and How It Must Never Be US Policy Again

A panel at the New America Foundation on January 11, 2012, discussing Guantanamo on the 10th anniversary of the opening of the prison. From L to R: Tom Wilner, Morris Davis, Andy Worthington and Jim Moran.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.

 

Ten years ago, a significant gesture against the torture program introduced by the administration of George W. Bush took place when Air Force Col. Morris Davis, the chief prosecutor of the military commission trial system at Guantánamo Bay, resigned, after being placed in a chain of command below two men who approved the use of torture. Davis did not, and he refused to compromise his position — and on the 10th anniversary, he wrote an op-ed for the Los Angeles Times, reiterating his implacable opposition to torture, his incredulity that we are still discussing it ten years on, and his hopes for accountability, via the fact that, in August, torture architects James Mitchell and Bruce Jessen settled a lawsuit brought against them by three men tortured in CIA prisons, and also because, in the near future, “a citizen-led group, the North Carolina Commission of Inquiry on Torture, will hold a public hearing to take testimony from people who were involved in and affected by the interrogation program designed by Mitchell and Jessen.”

I’m cross-posting the op-ed below — but first, a little background.

I remember Col. Davis’s resignation, as it took place just a few months after I’d started writing about Guantánamo on an almost daily basis, and I knew it was a big deal, although I didn’t know the extent of it at the time. I did know, however, that he was not the first prosecutor to resign. Four resigned before him, including Marine Lt. Col. Stuart Couch, who was supposed to prosecute the Mauritanian Mohamedou Ould Slahi, but refused to because of the torture to which he had been subjected. Read the rest of this entry »

Guantánamo Review for Obaidullah, an Afghan Whose Lawyers Established His Innocence Five Years Ago

Afghan prisoner Obaidullah, in a photo from Guantanamo 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.

On Tuesday (April 19), Obaidullah (ISN 762), an Afghan prisoner at Guantánamo, became the 30th prisoner to face a Periodic Review Board, a review process set up in 2013 to review the cases of all the prisoners not already approved for release (by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009) or facing trials.

Just ten men are in this latter category, but, when the PRBs were established in 2013, 25 others recommended for prosecution by the task force were made eligible for the PRBs, after a number of appeals court rulings made prosecutions untenable, along with 46 others described by the task force as “too dangerous to release,” on the basis that there was insufficient evidence to put them on trial; in other words, that the information used to justify their imprisonment was not evidence at all, but, to a large extent, information obtained through the use of torture or other forms of abuse, or through the bribery of prisoners — who were given “comfort items” in exchange for their cooperation.

Of the 30 cases reviewed to date, 20 have resulted in recommendations that the men in question be released, seven men have had their ongoing imprisonment recommended, and three decisions have not yet been taken. That’s a success rate of 74%, but only nine of the 20 approved for release have been freed, and 35 others are still awaiting their reviews, even though, when the PRB process was first established, via an executive order in 2011, President Obama promised that they would be completed within a year. Read the rest of this entry »

Will A Rehabilitation Center Lead to the Release of the Cleared Yemeni Prisoners in Guantánamo?

Two weeks ago, the Los Angeles Times ran an article about one of the enduring problems at Guantánamo — how to establish a situation in Yemen to reassure those who are concerned about the security situation in the country that it is safe to release the 56 Yemeni citizens still held at Guantánamo who were cleared for release nearly four years ago, in January 2010, by the inter-agency Guantánamo Review Task Force that President Obama established shorty after taking office in 2009.

It is ridiculous, of course, that men cleared for release are still held, but that is the reality on the ground in the United States today, as it has been since the end of 2010, when lawmakers began passing legislation designed to prevent the president from releasing prisoners or closing the prison, as he had promised.

In fact, 84 of the remaining 164 prisoners in Guantánamo were cleared for release by President Obama’s task force, but while some of the other men need third countries to be found that are prepared to take them in because it is unsafe for them to be repatriated, and others — like Shaker Aamer, the last British resident in the prison — only need President Obama to flex his political muscles to send them back home, the Yemenis are a slightly more complicated matter. 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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