The Complete Collapse of Abd Al-Rahim Al-Nashiri’s Military Commission Trial at Guantánamo

Col. Vance Spath and Abd al-Rahim al-Nashiri, both at the heart of a meltdown in the military commission trial system at 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.

 

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.

It’s three weeks since a judge in Guantánamo’s military commission trial system, Air Force Col. Vance Spath, indefinitely halted proceedings in one of the trials’ only active cases — that of Abd al-Rahim al-Nashiri, a Saudi accused of masterminding the bombing of the USS Cole in 2000, when 17 US sailors were killed.

Carol Rosenberg of the Miami Herald, who first reported the story, announced that Col. Spath “shut down the proceedings because of his inability to get defense lawyers back to the death-penalty case.” In October, three civilian lawyers quit the case for reasons that were not specified, but that observers presumed related to them discovering that they were being spied on by prosecutors — or, at least, by the military authorities at Guantánamo, on whose behalf the prosecutors are working.

I reported this story in November, when, adding insult to injury, Judge Spath briefly imprisoned Brig. Gen. John Baker, the Chief Defense Counsel of the military commissions, for refusing a request by him to reinstate the defense team — Rick Kammen, Rosa Eliades and Mary Spears — even though Brig. Gen. Baker was entirely justified in doing so. The loss of Kammen was a particular blow, as he is a death penalty expert, who has been on the case since al-Nashiri was first charged nearly ten years ago, and, by his own reckoning, has “devoted at least 10,000 hours working on the case, traveled to at least seven foreign countries in trial preparation and to Guantánamo 50 times to meet with Nashiri or appear in court,” as Carol Rosenberg explained in October. Read the rest of this entry »

Ahmed Al-Darbi: Still Held, the Guantánamo Prisoner Who Was Supposed to Have Been Sent Home Two Weeks Ago

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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.

 

On Friday, Ahmed al-Darbi, a Saudi prisoner at Guantánamo, publicly criticized his government for failing to secure his release from the prison on February 20. The  release date had been agreed last October as part of a plea deal he had initially agreed to in February 2014.

In what the New York Times described as “an unusual statement” conveyed through his lawyer, he said, “It’s shameful. Unlike other countries, the Saudi government never even provided me with an attorney all these years.” He added, “And now my own government is an obstacle to my repatriation. What kind of country abandons its citizens in the custody of another government for 16 years? My country won’t take a step that was agreed on four years ago so that I can finally go home. It’s been my daily dream for four years to see my wife and children.”

Under the terms of his plea deal, al-Darbi admitted that he played a part in a 2002 attack by Al-Qaeda on a French oil tanker, the Limburg, off the Yemeni coast, in exchange for a promise that he would be repatriated, after cooperating further with the US, to serve out the rest of his sentence in Saudi Arabia. As I explained in October, when he was given a 13-year sentence, his sentencing didn’t take place before “because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook [last] summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.” Read the rest of this entry »

Reviewing the Guantánamo Art Show in New York That Dared to Show Prisoners As Human Beings, and Led to a Pentagon Clampdown

Artwork by former Guantanamo prisoner Mohammed al-Ansi, shown in 'Ode to the Sea: Art from Guantanamo Bay', an exhibition in New York. This is a screenshot of the home page of the website.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.

Back in November, a disturbing story emerged from Guantánamo — of how a ten-year policy of allowing prisoners to give away art they have made at the prison to their lawyers and, via them, to family members had been stopped by the authorities, in response to an exhibition of prisoners’ artwork at the John Jay College of Criminal Justice, part of the City University of New York, which is known for its criminal justice, forensic science, forensic psychology, and public affairs programs.

The Pentagon had taken exception to an email address provided for people who were “interested in purchasing art” from the artists featured in the show. A Pentagon spokesman, Air Force Maj. Ben Sakrisson, said on November 15 that “all Guantánamo detainee art is ‘property of the US government’ and ‘questions remain on where the money for the sales was going.’”

One problem with this position was that some of the art was by prisoners who are no longer at the prison,which surely raises questions about the extent of the Pentagon’s claimed “ownership” of their work, but the Department of Defense wasn’t interested in having that pointed out. Instead, a spokeswoman at the prison, Navy Cmdr. Anne Leanos, said in a statement that “transfers of detainee made artwork have been suspended pending a policy review,” and Ramzi Kassem, a professor at City University of New York School of Law whose legal clinic represents Guantánamo prisoners, said that one particular prisoner had been told that, if any prisoner were to be allowed to leave Guantánamo (which, crucially, has not happened under Donald Trump), “their art would not even be allowed out with them and would be incinerated instead.” Read the rest of this entry »

Curator of Guantánamo Art Show Responds to Authorities’ Threats to Burn Prisoners’ Work: “Art Censorship and Destruction Are Tactics of Terrorist Regimes, Not US Military”

"Shipwreck," a 2011 painting by Djamel Ameziane, a Guantanamo prisoner released in 2013.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.

 

Stung by criticism of its paranoid and heavy-handed approach to Guantánamo prisoners’ art, the Pentagon now seems to be involved in a rearguard damage limitation exercise, but it may be too late.

Last week, as I explained here, the Miami Herald reported that “Ode to the Sea: Art from Guantánamo Bay,” a show of prisoners’ art in New York, featuring 36 works by eight prisoners, four of whom are still held, had led the US military to say that it would be stopping prisoners from keeping any artwork they have made, and to threaten to burn it, prompting widespread criticism.

In a powerful op-ed in the New York Times, which I’m cross-posting below, Erin Thompson, a professor of art crime and one of the curators of the show at John Jay College of Criminal Justice, stated, “Art censorship and destruction are tactics fit for terrorist regimes, not for the US military. The art poses no security threat: It is screened by experts who study the material for secret messages before it leaves the camp, and no art by current prisoners can be sold. Guantánamo detainees deserve basic human rights as they await trial. Taking away ownership of their art is both incredibly petty and utterly cruel.” Read the rest of this entry »

Persistent Dehumanization at Guantánamo: US Claims It Owns Prisoners’ Art, Just As It Claims to Own Their Memories of Torture

"Empty glassware" (2015) by Guantanamo prisoner Ahmed Rabbani.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 (as “The Persistent Abuse of Guantánamo Prisoners: Pentagon Claims It Owns Their Art and May Destroy It, But U.S. Has Long Claimed It Even Owns Their Memories of Torture“) 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.

After years of letting Guantánamo prisoners keep the artwork they have made at the prison, subject to security screening, the Pentagon has suddenly secured widespread condemnation for banning its release, and, it is alleged by one of prisoners’ attorneys, for planning to burn it.

The story was first reported on November 16 by Carol Rosenberg of the Miami Herald, and updated on November 20. Rosenberg explained how, for years, prisoners’ art had been released “after inspection by prison workers schooled in studying material for secret messages under the rubric of Operational Security.”

However, as Rosenberg explained, “Ode to the Sea: Art from Guantánamo Bay,” an exhibition in the President’s Gallery of New York’s John Jay College of Criminal Justice until January 16, 2018, which features “paintings and other works by current and former captives” — and “which garnered international press coverage” — “apparently caught the attention of the Department of Defense,” because of an email address provided for people “interested in purchasing art from these artists.” Read the rest of this entry »

Ahmed Al-Darbi, Admitted Terrorist at Guantánamo, Receives 13-Year Sentence Following 2014 Plea Deal

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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 Friday, the US authorities secured a rare success at Guantánamo, when a panel of US military officers gave a 13-year sentence to Ahmed al-Darbi, a Saudi prisoner, for what the New York Times described as “his admitted role in a 2002 attack by Al Qaeda on a French oil tanker off the Yemeni coast.”

Al-Darbi had pleaded guilty in his military commission trial in February 2014, but his sentencing had not taken place until now because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook this summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.

Under the terms of the plea deal, as Charlie Savage described it in the New York Times, “the commission could have imposed a sentence of 13 to 15 years.” However, the prosecutors joined with al-Darbi’s defense team to ask for “the minimum available term in light of his extensive assistance to the government.” As Savage put it, al-Darbi “has renounced Islamist ideology and lived apart from the general detainee population for years.” Read the rest of this entry »

The Absurdity of Guantánamo: As US Prepares to Release Ahmed Al-Darbi in Plea Deal, Less Significant Prisoners Remain Trapped Forever

The sign and flags at Camp Justice, Guantanamo, where the military commission trials take place.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.

In the long and cruel history of Guantánamo, a major source of stress for the prisoners has been, from the beginning, the seemingly inexplicable release of prisoners who constituted some sort of a threat to the US, while completely insignificant prisoners have languished with no hope of release.

In the early days, this was because shrewd Afghan and Pakistani prisoners connected to the Taliban fooled their captors, who were too arrogant and dismissive of their allies in the region to seek advice before releasing men who later took up arms against them. Later, in the cases of some released Saudis, it came about because the House of Saud demanded the release of its nationals, and the US bowed to its demands, and in other cases that we don’t even know about it may be prudent to consider that men who were turned into double agents at a secret facility within Guantánamo were released as part of their recruitment — although how often those double agents turned out to betray their former captors is unknown.

Under President Obama, an absurd point was reached in 2010, when, after Congress imposed onerous restrictions on the release of prisoners, the only men freed were those whose release had been ordered by a judge (as part of the short-lived success of the prisoners’ habeas petitions, before politicized appeals court judges shut down the whole process) or as a result of rulings or plea deals in their military commission trials. Just five men were freed in a nearly three-year period from 2010 to 2013 — with former child prisoner Omar Khadr, low level al-Qaeda assistant Ibrahim al-Qosi, and military trainer Noor Uthman Muhammed all released via plea deals — as President Obama sat on his hands, and refused to challenge Congress, even though a waiver in the legislation allowed him to bypass lawmakers if he wished. 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 »

Donald Trump, Guantánamo and Torture: What Do We Need to Know?

An image made by supporters of Donald Trump based on his comments about Guantanamo.I wrote the following article (as “Donald Trump and Guantánamo: What Do We Need to Know?) 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.

So the bad news, on Guantánamo, torture, Islamophobia and war, is that, as Charlie Savage explained in the New York Times this week, “As a presidential candidate, Donald J. Trump vowed to refill the cells of the Guantánamo Bay prison and said American terrorism suspects should be sent there for military prosecution. He called for targeting mosques for surveillance, escalating airstrikes aimed at terrorists and taking out their civilian family members, and bringing back waterboarding and a ‘hell of a lot worse’ — not only because ‘torture works,’ but because even ‘if it doesn’t work, they deserve it anyway.’”

As Savage also noted, “It is hard to know how much of this stark vision for throwing off constraints on the exercise of national security power was merely tough campaign talk,” but it is a disturbing position for Americans — and the rest of the world — to be in, particularly with respect to the noticeable differences between Trump and Barack Obama.

The outgoing president has some significant failures against his name, which will be discussed in detail below, but America’s first black president did not, of course, appoint a white supremacist to be his chief strategist and Senior Counselor, as Trump has done with Steve Bannon, the executive chairman of Breitbart News, an alarming far-right US website. Nor did he call for a “total and complete shutdown” of America’s borders to Muslims, as Trump did last December, and nor did he suggest that there should be a registry of all Muslims, as Trump did last November. Read the rest of this entry »

How Guantánamo’s Periodic Review Boards Exposed Woefully Distorted Intelligence Assessments

12 of the Guantanamo prisoners put forward for Periodic Review Boards. Top row from left: Mohammed Ghanem (Yemen, approved for release), Haji Hamidullah (Afghanistan, freed), Abdul Rahman Shalabi (Saudi Arabia, freed), Ayyub Ali Salih (Yemen, freed). Middle Row​: Yassin Qasim (Yemen, approved for ongoing imprisonment), Abdu Ali al-Hajj Sharqawi (Yemen, approved for ongoing imprisonment), Mohamedou Ould Slahi (Mauritania, freed), Mansoor al-Zahari aka al-Dayfi (Yemen, freed). Bottom, from left, Ravil Mingazov (Russia, approved for release), Abu Zubaydah (Palestine, not decided yet), Salman Rabei’i (Yemen, approved for ongoing imprisonment), Abdul Latif Nasir (Morocco, approved for release).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.

Over the last three years, I’ve been monitoring the Periodic Review Boards, the most recent review process at the prison, set up to give some semblance of justice to the cases of men held year after year without charge or trial, and subjected to varying forms of abuse and, in some cases, torture. See our definitive Periodic Review Board list here.

The first two review processes — the Combatant Status Review Tribunals and the Administrative Review Boards — took place under President Bush. Consisting of panels of three military officers, they were essentially designed to rubber-stamp the men’s designation, on capture, as “enemy combatants” who could be held indefinitely without charge or trial. The prisoners were allowed to be present for the unclassified section of the hearings, but were not allowed to hear classified material, and often had no idea where the allegations against them had arisen.

The third review process, which did not involve any interaction with the prisoners themselves, took place in 2009, under President Obama. The Guantánamo Review Task Force was a high-level, inter-agency process in which the cases of the 240 men who were held when President Obama took office were examined, and decisions taken about whether to release them, to put them on trial, or to continue holding them without charge or trial. In its final report, in January 2010, the task force approved 156 men for release and 36 for prosecution, and designated 48 others for ongoing imprisonment without charge or trial, on the basis that they were allegedly “too dangerous to release,” even while acknowledging that insufficient evidence existed to put them on trial. 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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