Have an hour to spare? Want to hear me talk in detail about Guantánamo? Then please listen to me on Wake-Up Call Podcast with Adam Camac and Daniel Laguros, who “interview experts on foreign relations, economics, current events, politics, political theory, and more every weekday.”
They decided to call the show “The Horrible Guantánamo Bay Facility,” which I think is accurate, as I was able to explain in detail what a thoroughly disgraceful facility Guantánamo is at every level.
I began by explaining why the naval base at Guantánamo Bay was chosen as the location for an offshore facility that was supposed to be beyond the reach of the US courts, and how, of course, creating somewhere outside the law made it shamefully easy to begin torturing the men — and boys — who were swept up in the “war on terror” and held there.
Last Thursday, two days after Saeed Bakhouche, an Algerian, sought release from Guantánamo via a Periodic Review Board, a high-level, inter-agency US government review process, established in 2013, another Algerian, Sufyian Barhoumi, also went before a PRB to ask for his freedom, and was the 41st prisoner to do so. Of the 30 decisions already taken, 23 have resulted in recommendations for the prisoners’ release, while just seven have resulted in recommendations for the men’s continued detention — and even those are subject to further review. This is a success rate for the prisoners of 77%, thoroughly undermining the excessive caution and misplaced zeal for prosecution that, in 2010, led the previous high-level review process, the Guantánamo Review Task Force, to describe the men who were later made eligible for PRBs as “too dangerous to release” or as candidates for prosecution.
The former were largely groundless claims, in a prison full of statements obtained through torture and other forms of coercion, while the latter was based on a mistaken understanding of what constitutes war crimes, spelled out in a number of appeals court rulings in 2012 and 2013, which humiliated the government by dismissing some of the handful of convictions secured in the military commission trial system on the embarrassing basis that the war crimes for which the men in question has been convicted had actually been invented by Congress.
Barhoumi, whose prisoner number is 694, is 41 years old, and, as his lawyers at the Center for Constitutional Rights explain, he was “born and raised in Algiers, where his mother still lives and his late father practiced law.” CCR also explain that, as a young man, he “lived in various countries in Europe – Spain, France, and England – as a farm worker and then a street merchant for about four years,” before traveling to Afghanistan, and then Pakistan, where he ended up in US custody. Read the rest of this entry »
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 week there was confirmation that the Obama administration is still intent on working towards the closure of the prison at Guantánamo Bay before President Obama leaves office, when officials told Spencer Ackerman of the Guardian that there is an “expectation” within the administration that 22 or 23 prisoners will be released by the end of July “to about half a dozen countries.”
80 men are currently held, so the release of these men will reduce the prison’s population to 57 or 58 prisoners, the lowest it has been since the first few weeks of its existence back in 2002.
As the Guardian explained, however, the officials who informed them about the planned releases spoke on condition of anonymity, because “not all of the foreign destination countries are ready to be identified.” In addition, “some of the transfer approvals have yet to receive certification by Ashton Carter, the defense secretary, as required by law, ahead of a notification to Congress.” Read the rest of this entry »
Last Thursday, Jabran al-Qahtani, a Saudi national, became the 39th prisoner to face a Periodic Review Board at Guantánamo.
Set up in 2013 to review the cases of all the prisoners who were not facing trials (just ten men) or the rather larger group of men who had already been approved for release by the high-level inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, the PRBs involve 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, and, since January 2014, they have approved 22 men for release and have defended the ongoing imprisonment of just seven men, a success rate for the prisoners of 76%.
The results are a damning verdict on the task force’s decision to describe 41 men facing PRBs as “too dangerous to release,” even though the task force members also acknowledged that insufficient evidence existed to put them on trial; in other words, it was not evidence, but unreliable information extracted from prisoners at Guantánamo and elsewhere in the “war on terror” — including the CIA’s “black sites” — through the use of torture, other forms of abuse or bribery (with better living conditions, for example). It has also become apparent that another reason some prisoners were described as “too dangerous to release” was because the authorities regarded them as having a threatening attitude towards the US, even though it is, to my mind, understandable that some men confronted with long years of abusive and generally lawless detention might react with anti-social behavior and threats. Read the rest of this entry »
Good news from Guantánamo, as another prisoner, Obaidullah, an Afghan, is approved for release by a Periodic Review Board. Decisions have now been taken in the cases of 29 prisoners, with 22 recommended for release, and just seven recommended for ongoing imprisonment. This is a success rate for the prisoners of 76%, which is hugely significant, because, back in 2010, they were either recommended for prosecution or were described as “too dangerous to release” by the Guantánamo Review Task Force, which President Obama established, shortly after taking office in 2009, to review the cases of all the prisoners held when he became president. 23 men were in the former category, and 41 in the latter.
The decision also means that, of the 80 men still held, 28 have been approved for release — 15 by the task force in 2010, and 13 by the PRBs (nine of those approved for release by PRBs have already been freed). 35 others are awaiting PRBs, or are awaiting decisions, and just ten men are facing trials — or have already had trials.
Obaidullah, who was just 19 years old when he was seized at his home in Afghanistan in July 2002, is one of the prisoners who had initially been recommended for prosecution — and is the second former prosecution candidate to be recommended for release by a PRB (three others have been recommended for ongoing imprisonment). He had been put forward for a trial by military commission in September 2008, charged with providing material support for terrorism and conspiracy, based on claims that he “stored and concealed anti-tank mines, other explosive devices, and related equipment”; that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.” Read the rest of this entry »
As all eyes are focused on Iowa, on the first caucus of this year’s Presidential election race, I thought I’d cross-post an interesting article about Guantánamo that was recently published in Rolling Stone, written by Janet Reitman. This is a long and detailed article, taking as its springboard a visit to one of the pre-trial hearings in Guantánamo’s military commissions, the alternative trial system set up for the “war on terror,” at the particular instigation of Dick Cheney and his legal adviser David Addington, which seems able only to demonstrate, in its glacially slow proceedings, that it is unable to deliver justice.
I confess that, in recent years, I have rather taken my eye off the military commissions, although I commend those who still visit Guantánamo to write about them, chief amongst whom is Carol Rosenberg of the Miami Herald. I put together a detailed list of who has been charged — plus the eight convictions and the four verdicts that have subsequently been overturned — two years ago, and in that article I stated:
I’ve been covering the commissions since 2006, and I have never found that they have established any kind of legitimacy, compared to federal courts, where crimes should be tried. This conclusion has only been strengthened in recent years, as conservative appeals court judges in Washington D.C. have overturned two of the eight convictions on the basis that they were for war crimes that were invented by Congress rather than being internationally recognized.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 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.
On August 18, Mohammed Kamin, an Afghan prisoner at Guantánamo who is 36 or 37 years old, became the 17th prisoner to have his case reviewed by a Periodic Review Board, consisting of 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.
The PRBs were established in 2013 to review the cases of 71 men who had either been recommended for ongoing imprisonment in 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established after taking office in 2009, or had been recommended for trials — recommendations that were taken off the table when judges ruled that the majority of the charges in those trials (the military commissions) had been invented by Congress, and were not legitimate war crimes at all.
46 men were in the former category, and 25 in the latter, and readers paying close attention will realize that 17 reviews in 21 months is slow progress, and, frankly, an insult to the men whose cases have not yet been heard. At this rate, it will take until 2021 for all the reviews to take place. Read the rest of this entry »
For some prisoners held in the “war on terror” prison at Guantánamo Bay, it seems there really is no way out. One example would seem to be Ali Hamza al-Bahlul, a 45-year old Yemeni prisoner and a propagandist for al-Qaeda, who made a promotional video glorifying the attack on the USS Cole in October 2000, in which 17 US soldiers died, and who received a life sentence for providing material support for terrorism, conspiring with al-Qaeda and soliciting murder after a one-sided military commission trial in the dying days of the Bush administration.
Al-Bahlul has been held in solitary confinement ever since — on what is known as “Convicts’ Corridor,” according to Carol Rosenberg of the Miami Herald, even though, since January 2013, he has had every part of his conviction overturned in the US courts — most recently in a ruling by the appeals court in Washington D.C. (the D.C. Circuit Court) on June 12.
In January 2013, a three-judge panel in the D.C. Circuit Court overturned the material support and solicitation convictions, on the basis that the charges of which he was convicted were not recognized as war crimes at the time he was accused of committing them; or, to put it another way, that they had been invented as war crimes by Congress. That ruling drew on a ground-breaking ruling by the D.C. Circuit Court three months earlier, overturning the material support conviction against another man, Salim Hamdan, a driver for Osama bin Laden who was freed in December 2008. The decision in al-Bahlul’s case was confirmed by a full panel of judges in July 2014, and the judges last month overturned the conspiracy conviction — on the basis that conspiracy is not a crime under the international law of war. Read the rest of this entry »
For nine years, I’ve been following the story of Omar Khadr, the former child prisoner at Guantánamo, who was released on bail in Canada a month ago. I first wrote about Omar in my book The Guantánamo Files, which I wrote in 2006-07, and since then I’ve written 94 articles about him, watching as he was first put forward for a trial by military commission in June 2007, shortly after I started writing articles about Guantánamo on an almost daily basis, and writing a major profile of him in November 2007.
In 2008, I followed his pre-trial hearings in the military commissions (see here and here, for example), and watched in horror as videos of his profoundly insensitive interrogations by Canadian agents were released, and in October 2008 I wrote a detailed article about him based on the Bush administration’s refusal to recognize the rights of juvenile prisoners.
I then wrote about the Obama administration’s lamentable decision to charge Omar — again — in the revived military commissions, and watched as the pre-trial hearings unfolded, leading to one of the bleakest moments in the Obama presidency — the plea deal Omar agreed to, in order to leave Guantánamo, in which, to his eternal shame, President Obama allowed a former child to be prosecuted, in a war crimes trial, not for war crimes, but for having engaged in armed conflict with US soldiers during a war — something that has never been a war crime and never will be. Read the rest of this entry »
Last week, as three prominent Democratic Senators — Patrick Leahy, Dianne Feinstein and Dick Durbin — wrote to President Obama urging him to take urgent action to release the 57 men still held at Guantánamo who have been approved for release by high-level governmental review boards, and who, for the most part, have been waiting over five years to be freed, Justice John Paul Stevens, a Supreme Court Justice from 1975 until his retirement in 2010, made a speech at which he not only urged the release of these men, but also suggested that some of them may be due compensation for their long and ultimately unjustifiable ordeal. The 57 men make up almost half of the total of 122 men still held, and include, prominently, Shaker Aamer, the last British resident in the prison.
This is not, of course, the first time that former Justice Stevens, who is now 95 years old, has dealt with Guantánamo. When he retired, SCOTUSblog — the official Supreme Court blog — ran a series of articles about him, and in one of these articles, “Justice Stevens, Guantánamo, and the Rule of Law,” Daniel A. Farber, a law professor at Berkeley who clerked for him in 1976, explained the importance of his role in the 2004, 2006 and 2008 Supreme Court rulings that granted the prisoners habeas corpus rights (Rasul v. Bush in June 2004 and Boumediene v. Bush in June 2008, which I wrote about here), and that dealt with the legality — or rather the lack of it — of the military commission trial system at Guantánamo (Hamdan v. Rumsfeld in 2006).
Justice Stevens wrote the majority opinion in Rasul v. Bush, in which, almost two and a half years after Guantánamo opened, and after a long journey through the lower courts, the Supreme Court “held that the habeas statute covered Guantánamo,” and turned down the Bush administration’s argument that the prison was on foreign soil. Although Congress then passed legislation that purported to block the prisoners’ habeas rights, the ruling allowed lawyers to take on prisoners as clients, and to visit the prison, breaking through the veil of secrecy that had allowed torture and other forms of abuse to proceed unchecked. Read the rest of this entry »
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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