Lawyers for Guantánamo Torture Victim Mohammed Al-Qahtani Urge Court to Enable Mental Health Assessment and Possible Repatriation to Saudi Arabia

Mohammed al-Qahtani, in a photo included in the classified military files released by WikiLeaks in 2011. 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 Thursday, lawyers for Mohammed al-Qahtani, the only prisoner at Guantánamo whose torture was admitted by a senior official in the George W. Bush administration, urged Judge Rosemary Collyer of the District Court in Washington, D.C. to order the government “to ask for his current condition to be formally examined by a mixed medical commission, a group of neutral doctors intended to evaluate prisoners of war for repatriation,” as Murtaza Hussain reported for the Intercept. He added that the commission “could potentially order the government to release him from custody and return him home to Saudi Arabia, based on their evaluation of his mental and physical state.”

A horrendous torture program, approved by defense secretary Donald Rumsfeld, was developed for al-Qahtani after it was discovered that he was apparently intended to have been the 20th hijacker for the 9/11 attacks. As Hussain stated, court documents from his case state that he was subject to “solitary confinement, sleep deprivation, extreme temperature and noise exposure, stress positions, forced nudity, body cavity searches, sexual assault and humiliation, beatings, strangling, threats of rendition, and water-boarding.” On two occasions he was hospitalized with a dangerously low heart rate. The log of that torture is here, and as Hussain also explained, “The torture that Qahtani experienced at Guantánamo also exacerbated serious pre-existing mental illnesses that he suffered as a youth in Saudi Arabia — conditions so severe that he was committed to a mental health facility there in 2000, at the age of 21.”

The high-level acknowledgement of al-Qahtani’s torture, mentioned above, came just before George W. Bush left office, when Susan Crawford, the convening authority for the military commission trial system at Guantánamo, told Bob Woodward, “We tortured Qahtani. His treatment met the legal definition of torture.” She was explaining why she had refused to refer his case for prosecution. Read the rest of this entry »

Why Camp X-Ray at Guantánamo Mustn’t Be Destroyed

One of the photos taken on the day Guantanamo opened, January 11, 2002, by Shane T. McCoy of the US Navy.

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 March 6, indefatigable Guantánamo chronicler Carol Rosenberg, of the Miami Herald, reported that the Pentagon “plans to tear down Camp X-Ray, a weed-filled warren of chain-link-fence cells where the Bush administration held its first 311 war-on-terror prisoners at Guantánamo — and famously released a photo of kneeling captives in orange jumpsuits that stirred allegations of torture.”

Rosenberg added that, for many years, the prison’s various commanders had said that the site “was under a federal court protective order and could not be razed.” However, on March 5, Justice Department attorney Andrew Warden wrote to lawyers who represent Guantánamo prisoners, informing them that “the FBI has created an interactive, simulated three-dimensional, digital virtual tour of Camp X-Ray that shows all areas of the camp where detainees were held, interrogated, or otherwise present.”

Rosenberg added that “Trump administration attorneys consider it a suitable substitute,” and also explained that, although the prison supposedly closed in April 2002, when the first more permanent cells of Camp Delta were erected, it was used later in 2002 for the torture of Mohammed al-Qahtani, a Saudi prisoner regarded as the intended 20th hijacker for the 9/11 attacks. Just before George W. Bush left office, Susan Crawford, the convening authority of the military commission trial system set up under Bush at Guantánamo, explained to the Washington Post that she had refused to have al-Qahtani prosecuted because of the torture to which he was subjected, which included sleep deprivation, being threatened by dogs, sexual abuse, forced nudity, being shackled in painful positions, and being physically beaten. Read the rest of this entry »

Great New York Times Exposé of How Torture, Abuse and Command Indifference Compromised Psychiatric Care at Guantánamo

A prisoner, in the early days of Guantanamo, being moved on a gurney, as prisoners were in the prison's early years.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

A recent detailed New York Times article, “Where Even Nightmares Are Classified: Psychiatric Care at Guantánamo,” provides a powerful review of the horrors of Guantánamo from the perspective of “more than two dozen military medical personnel who served or consulted” at the prison.

The Times article, written by Sheri Fink, explains how some prisoners were disturbed when they arrived at the prison, others “struggled with despair” as their imprisonment without charge or trial dragged on, and some “had developed symptoms including hallucinations, nightmares, anxiety or depression after undergoing brutal interrogations” by US personnel — sometime in CIA “black sites,” sometimes at Guantánamo — who had themselves been advised by other health personnel. Those who were tortured — although the Times refused to mention the word “torture,” as has been the paper’s wont over the years, coyly referring to dozens of men who “underwent agonizing treatment” — “were left with psychological problems that persisted for years, despite government lawyers’ assurances that the practices did not constitute torture and would cause no lasting harm.”

The result, Fink concluded, was that “a willful blindness to the consequences emerged. Those equipped to diagnose, document and treat the effects — psychiatrists, psychologists and mental health teams — were often unaware of what had happened.” Doctors told the Times that, “[s]ometimes by instruction and sometimes by choice, they typically did not ask what the prisoners had experienced in interrogations,” a situation that seriously compromised their care. 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 »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

Two Yemenis Approved for Release from Guantánamo, as Detention of Two Saudis Upheld, Including Torture Victim Mohammed Al-Qahtani

Yemeni prisoner Musa'ab al-Madhwani, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.With just 168 days left for President Obama to close the prison at Guantánamo Bay, as he promised when he first took office in January 2009, the reassuring news is that there are now just 76 men held, and 34 of those men have been approved for release. 13 of the 34 were approved for release in Obama’s first year in office, by an inter-agency task force he established to review the cases of all the prisoners held at the start of his presidency, while 21 others have been approved for release since January 2014 by Periodic Review Boards. See my definitive Periodic Review Board list here on the Close Guantánamo website.

The PRBs, another inter-agency process, but this time similar to parole boards, have been reviewing the cases of all the men who are not facing trials and who had not already been approved for release, and, to date, 56 reviews have taken place, with 32 men being approved for release (and eleven of those already freed), and 16 approved for ongoing imprisonment, while eight decisions have yet to be taken. This is a 67% success rate for the prisoners, and ought to be a source of shame for the Obama administration’s task force, which described these men as “too dangerous to release” or recommended them for prosecution back in 2009.

In the cases of those described as “too dangerous to release,” the task force acknowledged that insufficient evidence existed to put them on trial, but clearly failed to recognize that their recommendations were based on extreme, and, it turns out, unjustifiable caution. In the cases of those recommended for trials, embarrassingly, the basis for prosecution collapsed in 2012-13 when appeals court judges struck down some of the only convictions secured in the troubled military commission trial system on the basis that the war crimes for which the men had been convicted were not internationally recognized, and had been invented by Congress. Read the rest of this entry »

For Review Board, Revelations That Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before Capture

Guantanamo prisoner Mohammed al-Qahtani, in a photo taken before his capture in 2001.I wrote the following article — as “Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before His Capture” — 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, a Periodic Review Board at Guantánamo raised a number of uncomfortable questions for the US authorities: what do you do with a prisoner allegedly involved with Al-Qaeda, but who you have tortured? And what do you do if it then transpires that, before you captured and tortured this man, he already had a history of severe mental health problems?

The prisoner in question is Mohammed al-Qahtani, the 47th prisoner to face a PRB, since they were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials. Tortured for 50 days straight at the end of 2002, he was “subjected to constant interrogations marked by extreme sleep deprivation, low temperatures, stress positions and forced nudity as well as being threatened with a military dog,” and “had to be hospitalized twice with a dangerously low heart rate,” as the Washington Post described it last week.

It was also in the Washington Post, in January 2009, that, for the first, and, to date, only time, a senior Pentagon official, Susan Crawford, the convenor of Guantánamo’s military commissions, admitted that a prisoner in US custody had been tortured. “We tortured Qahtani. His treatment met the legal definition of torture,” Crawford said, adding that that was why she didn’t refer his case for prosecution, even though he had been charged in February 2008 with five other men who are still facing prosecution for the 9/11 attacks. Read the rest of this entry »

Fugitive From Justice: A Timeline of the Crimes Committed by Guantánamo’s Torture Chief, Maj. Gen. Geoffrey Miller, As He Fails to Show Up at a French Court

Maj. Gen. Geoffrey Miller, photographed in Baghdad on May 17, 2004 (Photo: AFP/Damir Sagol).In the long quest for accountability for those who ordered and implemented the crimes committed by the United States since 9/11 in its brutal and counter-productive “war on terror,” victory has so far proven elusive, and no one has had to answer for the torture, the extraordinary rendition, the CIA “black sites,” the proxy torture prisons elsewhere, the shameful disregard of the Geneva Conventions and the embrace of indefinite imprisonment without charge or trial that has been such a shame and disgrace for anyone not blinded by the violence and vengeance that have consumed so much of the US’s actions and attitudes in the last 14 and a half years.

In the US itself, President Obama made it clear from the beginning that he was looking forwards and not backwards when it came to accountability, as though sweeping the crimes mentioned above under the carpet would remove their poison from infecting US society as a whole. An early example of refusing to allow any victims of extraordinary rendition and torture anywhere near a courtroom was the Obama administration, in 2009 (and into 2010), invoking the “state secrets doctrine” (a blanket denial of any effort to challenge the government’s actions) to prevent the British resident and torture victim Binyam Mohamed and others from challenging the Boeing subsidiary Jeppesen for its role as the CIA’s travel agent for torture.

In February 2010, President Obama also allowed a Justice Department fixer to override the conclusions of an ethics investigation into John Yoo and Jay Bybee, who wrote and approved the 2002 “torture memos” that cynically purported to redefine torture so it could legally be used by the CIA. The investigation had concluded that they were guilty of “wrongful conduct,” but they received only a slapped wrist after Deputy Attorney General David Margolis concluded instead that they had merely exercised “poor judgment.” Read the rest of this entry »

Guantánamo Lawyers Complain About Slow Progress of Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, who us one of 36 men eligible for Periodic Review Boards, but who have not yet been given a date when their reviews will take place. This photo is of Ravil with his family, in a photo taken before his capture.Yesterday I published an article about the most recent Periodic Review Board to take place at Guantánamo, and I was reminded of how I’ve overlooked a couple of interesting articles about the PRBs published in the Guardian over the last six weeks.

When it comes to President Obama’s intention to close Guantánamo before he leaves office next January, the most crucial focus for his administration needs to be the Periodic Review Boards, featuring representatives of the Departments of State, Defense, Justice and Homeland Security, and the offices of the Director of National Intelligence and Joint Chiefs of Staff, as I have been highlighting through the recently launched Countdown to Close Guantánamo. Of the 91 men still held, 34 have been approved for release, and ten are undergoing trials (or have already been through the trial process), leaving 47 others in a disturbing limbo.

Half these men were, alarmingly, described as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that insufficient evidence existed to put them on trial. Read the rest of this entry »

Presenting the First Annotated List of the 64 Guantánamo Prisoners Eligible for Periodic Review Boards

Photos of some of the Guantanamo prisoners, made available when classified military files were 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.

Check out the list here.

On Monday, we published the first annotated list of the 64 Guantánamo prisoners eligible for Periodic Review Boards, which we hope will be useful to anyone who wants detailed information about who is still held at Guantánamo (also feel free to check out our full prisoner list here, listing all 107 men still held).

71 men were initially listed as eligible for Periodic Review Boards — 46 who were designated for ongoing imprisonment without charge or trial by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 (which issued its final report in January 2010), and 25 others who were recommended for prosecution by the task force, until the basis for prosecuting them — generally, charges of providing material support for terrorism — were struck down by the appeals court in Washington D.C. in two particular rulings in October 2012 and January 2013.

Of the 71, five were freed, and two others were reabsorbed into the ailing military commission system, leaving 64 men eligible for PRBs. 20 have had reviews since the PRBs began two years ago, with 15 approved for release (of whom four have been freed) and two others awaiting decisions, but 44 others are still awaiting reviews, and at the current rate it will take over four years — until sometime in 2020 — until they are all completed. 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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