Deprivation and Despair: New Report Details Crisis of Medical Care at Guantánamo

The cover of ‘Deprivation and Despair: The Crisis of Medical Care at Guantánamo,’ a new report by the the Center for Victims of Torture (CVT) and Physicians for Human Rights (PHR).

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Many thanks to the Center for Victims of Torture (CVT) and Physicians for Human Rights (PHR) for their new report, Deprivation and Despair: The Crisis of Medical Care at Guantánamo.

As CVT state in their introduction to the report on their website, “the experiences of detainees and independent civilian medical experts with medical care at the Guantánamo Bay detention center not only broadly refute the claim that detainees receive care equivalent to that of U.S. service members, but also evidence specific violations of the Nelson Mandela Rules, the universally recognized UN standard minimum rules for the treatment of prisoners, which the United States has championed.”

In the introduction to the report itself, CVT and PHR provide a summary of Guantánamo now, “in its eighteenth year”, explaining, “Forty Muslim men still languish there, 31 of whom have never been charged with a crime. Five detainees have long been cleared for transfer by consensus of the Executive Branch’s national security apparatus, which determined that the men pose no meaningful threat, if any at all, to the United States. Many of the remaining detainees are torture survivors or victims of similarly significant trauma. All of them are either suffering from or at high risk of the additional profound physical and psychological harm associated with prolonged indefinite detention, a form of cruel, inhuman, and degrading treatment. As the men age under these conditions, they are increasingly presenting with complex medical needs.”

Read the rest of this entry »

Rare Words From Guantánamo, From “Forever Prisoner” Ghassan Al-Sharbi

The perimeter fence at Guantánamo, photographed on March 6, 2013 (Photo: Bob Strong/Reuters).

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When the prison at Guantánamo Bay was set up by the Bush administration, over 17 long years ago, the intention was to hide the men held from any kind of outside scrutiny, an intention reflected within the prison, where the prisoners were dehumanized, identified not by name but by what were known as Internment Serial Numbers (ISNs). The ISN system persists to this day, with the 40 men still held after first George W. Bush, and then Barack Obama, shrank the prison’s population to just 5% of the total number of men held since it first opened.

In addition, the effort to hold the men in a permanent state of dehumanization — to prevent any serious form of outside scrutiny — also persists. It is only because the Supreme Court granted the prisoners habeas corpus rights in 2004 that the men were finally allowed to have lawyers visit them, breaking through the shroud of total secrecy that had previously enveloped the prison, and that had allowed horrendous torture and abuse to take place in its first few years of operations.

Of the 40 men still held, most are unknown to the general public. The most prominent are the seven men facing seemingly interminable pre-trial hearings in the broken military commission system, but few people know who most of the others are — five men approved for release under Barack Obama, but still held, and 26 others, accurately described as “forever prisoners” by the mainstream media, whose ongoing imprisonment was recommended by Obama administration officials who reviewed all the prisoners’ cases after Obama took office, and decided that they were too dangerous to release, while conceding that insufficient evidence existed to put them on trial.

Read the rest of this entry »

Please Watch ‘The Trial’, A Powerful Video About Guantánamo’s Broken Military Commission Trial System

A screenshot, from 'The Trial,' of Ammar al-Baluchi's defense team - from the left, Alka Pradhan, James Connell and Lt. Col. Sterling Thomas.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. If you can help, please click on the button below to donate via PayPal.




 

In the long and horrendously unjust story of Guantánamo, the two key elements of America’s flight from the law since 9/11 have been the use of torture, and the imprisonment of men, indefinitely, without charge or trial. A third element is the decision to try some of these men, in a trial system ill-advisedly dragged out of the history books by former Vice President Dick Cheney and his legal adviser David Addington.

That system — the military commissions — has struggled to deliver anything resembling justice, in large part because it was designed to accept evidence produced through torture, and then to execute prisoners after cursory trials. The Supreme Court ruled this system illegal in 2006, but Congress then tweaked it and revived it, and, after Barack Obama became president, it was tweaked and revised again instead of being scrapped, as it should have been.

Throughout this whole sorry period, the US federal courts have, in contrast, proven adept at successfully prosecuting those accused of terrorism, but at Guantánamo the commissions have struggled to successfully convict anyone. Since 2008, just eight cases have gone to trial, but six were settled via plea deals, and, of the other two, one ended up with the prisoner in question (Salim Hamdan, a hapless driver for Osama bin Laden)  being released after just five months, while the other was an outrageously one-sided affair, as the prisoner in question (Ali Hamza al-Bahlul, a propagandist for Al-Qaeda) refused even to mount a defense. The commissions also have a history of collapsing on appeal — and with good reason, as the alleged war crimes most of the prisoners were convicted of were actually invented by Congress. For an overview of the commissions, see my article, The Full List of Prisoners Charged in the Military Commissions at Guantánamo. Read the rest of this entry »

Karen Greenberg on Brett Kavanaugh, and How Guantánamo is Poisoning US Law

Brett Kavanaugh consumed with anger during his Senate Judiciary Committee hearing prior to his confirmation as a Supreme Court justice, and a photo of Guantanamo on the day it opened, January 11, 2002.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.

In the 21 months since Donald Trump became president, it has become increasingly difficult for those of us who care about the necessity of closing the prison at Guantánamo Bay to keep this burning injustice in the public eye. 

Journalists who care have tried hard to find ways to not let Guantánamo be forgotten, and one of those journalists is Karen Greenberg, director of the Center on National Security at Fordham Law, and the author of The Least Worst Place: Guantánamo’s First 100 Days, published in 2010.

Karen and I first got to know each other in the George W. Bush years, when my book The Guantánamo Files was published. She screened ‘Outside the Law: Stories from Guantánamo,’ the documentary film I co-directed, in New York in 2009, and has been a panelist on several occasions in the panel discussions Tom Wilner and I organize every January, on the anniversary of the opening of Guantánamo, at the New America think-tank in Washington, D.C. Read the rest of this entry »

41 Attorneys from the Cincinnati Area Call on Donald Trump to Close Guantánamo

Campaigners from Witness Against Torture and other organizations call for the closure of Guantanamo outside the White House on January 11, 2012, the 10th anniversary of the prison's opening.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, 41 attorneys from the Cincinnati area, in Ohio, wrote a column for the Cincinnati Enquirer calling for Donald Trump to close Guantánamo. Founded in 1841, the paper is the last surviving daily newspaper in Greater Cincinnati and Northern Kentucky, and is traditionally regarded as a a conservative, Republican-leaning newspaper.

Nevertheless, on August 26 it gave space to the 41 lawyers, including some who have represented Guantánamo prisoners over the 16 long years of the prison’s history, for them to argue that the 41 men still held at Guantánamo should either be freed or charged and tried in federal court.

It’s a position that I agree with, as regular readers will know, and it’s reassuring to see so many lawyers come together to make such a definitive statement in the face of Donald Trump’s refusal to acknowledge that the prison is, as the lawyers describe it, “a great shame that hangs over the American legal system.” Read the rest of this entry »

Guantánamo Judge Bans So-Called “Clean Team” Evidence in 9/11 Trial, Then Resigns

Col. James Pohl, the 9/11 trial judge, who has just announced his resignation, and the five Guantanamo prisoners (and former CIA "black site" prisoners) accused of involved in the 9/11 attacks.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.

Last Friday, August 17, a ruling of potentially huge significance took place at Guantánamo in pre-trial hearings for the proposed trial by military commission of the five men accused of involvement in the terrorist attacks of September 11, 2001, who include Khalid Sheikh Mohammed. All five men have been held at Guantánamo since September 2006, and, before that, were held and tortured in CIA “black sites” for up to three and a half years. 

Yesterday, just ten days later, the judge, Army Col. James L. Pohl, 67, who has been the judge on the case since the men were arraigned in May 2012, announced that he will retire on September 30 and named Marine Col. Keith A. Parrella, 44, to replace him. Giving notice of his intention, he stated, “I will leave active duty after 38 years. To be clear, this was my decision and not impacted by any outside influence from any source.”

Astonishingly, it is ten and half years since the US government first filed charges against the five men accused of involvement in the 9/11 attacks in the military commission trial system, which had been ill-advisedly dragged from the history books by Dick Cheney and his lawyer David Addington in November 2001, but had been ruled illegal by the Supreme Court in June 2006, in Hamdan v. Rumsfeld. The commissions were subsequently revived with Congressional backing, but struggled to establish any legitimacy throughout the rest of Bush’s presidency. Read the rest of this entry »

A “Cluster Covfefe”: Guantánamo Prisoner Majid Khan’s Damning Verdict on the Shambolic Military Commissions

Guantanamo prisoner Majid-Khan, photographed at Guantanamo in 2009 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.




 

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.

To the US political, military and intelligence establishment, Guantánamo prisoner and “high-value detainee” Majid Khan — held and tortured in CIA “black sites” for three years, where he was subjected to water torture and another horrible form of torture, “rectal feeding” — is a dangerous convicted terrorist, but to anyone who takes an interest in the man himself, Khan, a Pakistan citizen who spent six years in the US as a teenager, graduating from a high school in Maryland, is a reformed character, who has cooperated fully with the authorities, and ought to be regarded as having paid his debt to society, and to be able to resume his life. 

To some extent, the authorities have accepted Khan’s transformation. Over six years ago, in February 2012, they arranged a plea deal whereby, as the Miami Herald explained in September 2016, he “pleaded guilty to serving as a courier of $50,000 linked to the Aug. 5, 2003, terrorist truck bombing of a Marriott hotel in Jakarta, Indonesia, that killed 11 people and wounded dozens of others,” and “also admitted to agreeing to be a suicide bomber in an unrealized plot to murder former Pakistan President Pervez Musharraf.”

By pleading guilty, and also by agreeing to cooperate with the authorities in forthcoming military commission trials — and, specifically, the 9/11 trial, involving Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks — it was agreed that, on sentencing, he would be required to serve a further 13 years. Read the rest of this entry »

Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

Judge Brett Kavanaugh, Donald Trump and a close-up of Guantanamo prisoners photographed on the day the prison opened, January 11, 2002. The photo on the left is an edit of a photo by Mandel Ngan/AFP/Getty Images.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.

Disgraceful though Donald Trump’s presidency is, it will at least be over at some point in the imaginable future, with the potential that his most outrageous policy changes, enacted in legislation by a Republican majority in Congress, can be reversed should Congress end up with a Democratic majority instead.

When it comes to interpreting the law, however, his impact will last for decades, through his nominations to the nation’s District Courts, appeals courts (the Circuit Courts), and, most crucially, the Supreme Court.

Shamefully, although Barack Obama successfully nominated two of the Supreme Court’s nine justices during his eight years in office (Sonia Sotomayor and Elena Kagan), Congress — where Republicans had a majority, as they did throughout most of Obama’s presidency — refused to consider his third nomination, Merrick Garland, nominated in March 2016. Garland’s appointment would have given Democratic appointees a majority on the Supreme Court for the first time since 1970, but Garland’s nomination expired in January 2017, when Obama left office, and when Donald Trump took over he wasted no time in nominating Neil Gorsuch instead, a dangerous right-winger whose nomination was subsequently approved by the Republican-controlled Congress. Read the rest of this entry »

No Justice at Guantánamo: The Release of Ahmed Al-Darbi, and Moazzam Begg’s Reflections

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken at Guantanamo 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.





 

At the start of this month, Donald Trump transferred his first prisoner out of Guantánamo, the Saudi citizen Ahmed al-Darbi, who was repatriated as part of a plea deal arranged in his military commission proceedings in February 2014. However, he did not return home a free man, as, in his homeland, he will serve the remainder of a 13-year sentence agreed in his plea deal.

As I explained in an article at the time, “Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year. However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals.”

Al-Darbi’s transfer saved the only functioning part of the otherwise broken military commission trial system, which is incapable of delivering justice in an actual trial, given that the men in question, although accused of serious crimes, were lavishly subjected to torture over a number of years, and the use of torture, to be blunt, fundamentally undermines any possibility of a fair and just trial. Read the rest of this entry »

With Transfer of Ahmed Al-Darbi to Saudi Arabia, Guantánamo’s Population Drops to 40; No New Arrivals on Horizon

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.





 

So there was good news on Wednesday, when the Pentagon announced that Ahmed al-Darbi, a Saudi citizen in Guantánamo, had been repatriated, to serve out the rest of a 13-year sentence that he was given as the result of a plea deal that he agreed in his trial by military commission in February 2014.

Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year.

However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals. 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 (The State of London).
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