No Escape from Guantánamo: An Update on the Periodic Review Boards

Four Guantanamo prisoners whose cases are still nominally being reviewed by Periodic Review Boards. Clockwise from top left: Omar al-Rammah, awaiting a decision in his review after 16 months, and Khalid Qasim, Abdul Rahim Ghulam Rabbani and Uthman Mohammed Uthman, who all had their ongoing imprisonment upheld after reviews this year.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.

Regular Guantánamo-watchers will know how wretched it is that Donald Trump is in charge of the prison at Guantánamo Bay, because he appears to have no ability or willingness to understand that it is a legal, moral and ethical abomination, where most of the 40 men still held are imprisoned indefinitely without charge or trial, in defiance of all agreed laws and treaties, and a handful of others are facing trials in a broken trial system, the military commissions, that is not fit for purpose.

Under George W. Bush, a total of 532 prisoners were released from Guantánamo, and Barack Obama released another 196. Trump, to date, has released just one man, a Saudi repatriated for ongoing imprisonment, who was only released because of a plea deal he had agreed to in his military commission proceedings in 2014, and has shown no interest in releasing anyone else, even though five of the 40 men still held were approved for release by high-level review processes under President Obama. With only nine men facing trials, that also leaves 26 other men in that unjustifiable limbo of indefinite imprisonment without charge or trial.

The only mechanism that exists that theoretically could lead to the release of any of these men is the Periodic Review Board system, the second review process set up by President Obama. The first, the Guantánamo Review Task Force, assessed in 2009 whether prisoners should be freed or tried or whether they should continue to be held without charge or trial. 156 were recommended for release, and 36 for prosecution, and 48 for ongoing imprisonment without charge or trial, on the basis that they were regarded as too dangerous to release, but insufficient evidence existed to put them on trial. Read the rest of this entry »

Ex-Guantánamo Prisoner Discusses Prison Artwork with the BBC, While Lawyers for “High-Value Detainee” Demand His Right to Continue Making Art

Untitled (aka Crying eye) by Mohammed al-Ansi, who was released from Guantanamo to Oman in January 2017, just before President Obama left office (Photo: Andy Worthington).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 October, an exhibition opened in the President’s Gallery, in John Jay College of Criminal Justice in New York, that might have attracted little attention had the Pentagon not decided to make a big song and dance about it.

The exhibition, ‘Ode to the Sea: Art from Guantánamo Bay,’ featured artwork by eight former and current Guantánamo prisoners — four freed, and four still held — which was given by the prisoners to their lawyers and their families, and it was not until November that the Pentagon got upset, apparently because the promotional material for the exhibition provided an email address for anyone “interested in purchasing art from these artists.” The obvious conclusion should have been that “these artists” meant the released prisoners, who should be free to do what they want with their own artwork, but the Pentagon didn’t see it that way.

On November 15, as I explained in my first article about the controversy, a spokesman, Air Force Maj. Ben Sakrisson, said that “all Guantánamo detainee art is ‘property of the US government’ and ‘questions remain on where the money for the sales was going,’” while, at the prison itself, Navy Cmdr. Anne Leanos said in a statement that “transfers of detainee made artwork have been suspended pending a policy review.” 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 »

At Inter-American Commission on Human Rights, Former Guantánamo Prisoner Djamel Ameziane Asks US to Apologize, and Calls for Prison’s Closure

Former Guantanamo prisoner Djamel Ameziane, in an infographic put together by his lawyers at the Center for Constitutional Rights.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, in Mexico City, a symbolically powerful blow was dealt to the United States’ notion of itself as a nation founded on the rule of law, which respects the rule of law and also respects human rights.

The occasion was a hearing of the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

The hearing last Wednesday was for Djamel Ameziane, an Algerian citizen, and an ethnic Berber, who was held at Guantánamo for nearly 12 years.

In the hearing last week, at which Ameziane was represented by the Center for Justice and International Law (CEJIL) and the Center for Constitutional Rights (CCR), the lawyers representing him urged the IACHR to “hold the US accountable for the abuse” of Ameziane and the “discrimination” against him. CCR explained, in a press release, that it was “a landmark hearing,” and the following brief explanation of his story: Read the rest of this entry »

US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo

Mohammad Rahim, an Afghan prisoner at Guantanamo, regarded as a "high-value detainee," in photo taken by representatives of the International Committee of the Red Cross, who made it available to his family, who, in turn, made it publicly available.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.

 

In trying to catch up on a few stories I’ve missed out on reporting about recently, I’d like to draw readers’ attention to a petition submitted to the Inter-American Commission on Human Rights on behalf of Mohammad Rahim, a CIA torture victim held at Guantánamo, who was, in fact, the last prisoner to arrive at the prison in March 2008.

The petition was submitted by Major James Valentine, Rahim’s military defence attorney, and the researcher Arnaud Mafille, and it follows previous submissions to the IACHR on behalf of Djamel Ameziane, whose release was requested in April 2012 (and who was eventually released, but not as a direct result of the IACHR ruling), and Moath al-Alwi, whose lawyers submitted a petition on his behalf in February 2015, which led to the IACHR issuing a resolution on March 31, 2015 calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Al-Alwi was, at the time, a hunger striker, and in the petition his lawyers stated that, “During his detainment at Guantánamo, Mr. al-Alwi has been systematically tortured and isolated. He has been denied contact with his family, slandered and stigmatized around the globe. He has been denied an opportunity to develop a trade or skill, to meet a partner or start a family. He has been physically abused, only to have medical treatment withheld.” 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 »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

Eroding Hyperbole: The Steady Reclassification of Guantánamo’s “Forever Prisoners”

Mansoor-al-Zahari at Guantanamo, in a photo 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 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.

Despite the relentless fearmongering of Republican supporters of Guantánamo, claims that the prison holds a significant number of people who pose a threat to the US continue to be eroded; primarily, in recent years, through the deliberations of Periodic Review Boards — panels 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, who hear from the prisoners, their lawyers and their military representatives via video-link from Guantánamo, where the men are able to make a case for why they should be approved for release.

The men in question have, with some accuracy, been dubbed “forever prisoners” by the media. Originally numbering 71 men, they comprised two groups: 46 men assessed to be “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009 to recommend whether the men he inherited from George W. Bush should be released or prosecuted. This third alarming option — “too dangerous to release” — was, as far as we know, dreamt up by the task force itself, for prisoners regarded as a threat but against whom insufficient evidence existed to put them on trial.

Reading between the lines, this meant tainted evidence — in other words, men regarded as unprovably dangerous because the evidence against them was derived through the use of torture or other forms of abuse, making it fundamentally untrustworthy — or, in some (perhaps many) cases, a perceived attitude problem: prisoners who, though perhaps understandably aggrieved at being held without charge or trial for over a decade in abusive conditions, had threatened retaliation, however hollow those threats may have been, that were taken seriously by the authorities. 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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