In June, I wrote an article, “Skeletal, 75-Pound Guantánamo Hunger Striker Tariq Ba Odah Seeks Release; Medical Experts Fear For His Life,” about the desperate plight of Tariq Ba Odah, a Guantánamo prisoner who has been on a hunger strike since 2007 and is at risk of death. His weight has dropped to just 74.5 pounds, and yet the government does not even claim that it wants to continue holding him. Over five and a half years ago, in January 2010, the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009 to review the cases of all the prisoners still held at that time, concluded that he should no longer be held.
The task force approved 156 men for release, although Tariq was one of 30 placed in a category invented by the task force — “conditional detention,” made dependent on a perception that the security situation in Yemen had improved or “an appropriate rehabilitation program or third- country resettlement option becomes available,” as his lawyers described it.
Collectively, the whole of the US establishment has — with one exception — refused to repatriate any Yemenis approved for release since January 2010 (after a foiled terror plot was revealed to have been hatched in Yemen), although, since last November, the administration has been finding third countries willing to offer new homes to Yemenis approve for transfer — in part became of persistent pressure from campaigning groups. 18 Yemenis have so far been found homes in third countries — in Georgia, Slovakia, Kazakhstan, Estonia and Oman — so all that now ought to prevent Tariq Ba Odah’s release is if the US government proves unable to find a third country prepared to offer him a new home. Read the rest of this entry »
In December, I was privileged to work with the New York-based Center for Constitutional Rights on three reports about Guantánamo that were published to mark the 10th anniversary of the opening of the prison on January 11, 2012, and released at a press conference in Washington D.C. that I reported here. The three reports are entitled, “Faces of Guantánamo: Resettlement,” “Faces of Guantánamo: Indefinite Detention,” and “Faces of Guantánamo: Torture” (also available via this page) and they present a comprehensive analysis of Guantánamo’s history, President Obama’s failure to close the prison as he promised, and profiles of 20 of the 171 prisoners still held.
The first report, “Faces of Guantánamo: Resettlement,” focuses on the 89 prisoners still held who were cleared for release by President Obama’s Guantánamo Review Task Force, but who are still held either because they cannot be safely repatriated, and no country has volunteered to offer them a new home, or because they are Yemenis, and both the President and Congress have acted to prevent the release of any cleared Yemeni prisoners, even though this constitutes guilt by nationality, which is an indefensible generalization, and ought to be regarded as a profound shame.
The article explains in detail President Obama’s failures, including his refusal to allow any innocent prisoners (the Uighurs, Muslims from China’s Xinjiang province) to be settled in the US, and also describes how Congress has intervened to prevent the release of prisoners for nakedly political reasons. Included are recommendations for the Obama administration, and calls for other countries to help with the resettlement of those who cannot be safely repatriated. Read the rest of this entry »
Two weeks ago, I wrote an article entitled, “As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?” in which I covered the latest grim news from the US courts regarding the Guantánamo prisoners’ habeas corpus petitions (see “Guantánamo Habeas Results: The Definitive List” for more).
As I explained in that article, and in a series of articles over the last year and a half, the promise that habeas corpus held for the prisoners in June 2008, when the Supreme Court granted them constitutionally guaranteed habeas corpus rights, in Boumediene v. Bush, has, since July 2010, been killed off by judges in the D.C. Circuit Court, led by Senior Judge A. Raymond Randolph, a right-wing ideologue notorious for endorsing every piece of legislation relating to the Guantánamo prisoners that, under George W. Bush, was subsequently overturned by the Supreme Court.
The case that first shut down habeas corpus was Adahi v. Obama, involving a Yemeni, Mohammed al-Adahi, whose habeas corpus petition was granted in August 2009, on the correct basis that, although al-Adahi had accompanied his sister to Afghanistan for her marriage to a man with purported connections to al-Qaeda and the Taliban, he himself had no connection to either group, and was just a chaperone. Read the rest of this entry »
Writer, campaigner, investigative journalist and commentator. 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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