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. The portrait on the left is by the artist Molly Crabapple, who has been visiting Guantánamo this year, and is one of seven portraits, with accompanying text, commissioned and published this week by Creative Time Reports and also published by the Daily Beast.
Last week, President Obama released the first two prisoners from Guantánamo since he promised to resume releasing cleared prisoners in a major speech on May 23. That speech was prompted by high-level domestic and international criticism, which, in turn, arose in response to a prison-wide hunger strike that the prisoners embarked upon in February, in despair at ever being freed or receiving justice.
The release of these two prisoners, both Algerians, is to be applauded, as President Obama has been so paralyzed by inertia for the last few years that only five prisoners were freed between October 2010 and July 2013 (either through court orders or through plea deals in their military commission trials) and the last prisoners to be freed as a result of the president’s own intentions were released three years ago, in September 2010, when two men who could not be safely repatriated were released in Germany.
Since then, Congress has raised serious obstacles to the release of prisoners, and the administration was required to certify to lawmakers that it was safe to release the men. As the Miami Herald reported after their release last week, “Last month, the White House announced that Secretary of Defense Chuck Hagel, for the first time, had certified the release under requirements imposed by Congress’ current National Defense Authorization Act with the approval of Secretary of State John Kerry and the Director of National Intelligence James Clapper.” Read the rest of this entry »
Getting men released from Guantánamo has become more difficult than getting blood out of a stone, even though over half of the 164 men still held were approved for release in January 2010 by President Obama’s high-level, inter-agency Guantánamo Review Task Force.
Please visit, like, share and tweet the GTMO Clock website, which I launched a month ago, and which shows that it is now 100 days since President Obama promised to resume releasing prisoners from Guantánamo, in a major speech on national security issues on May 23, but, to date, just two men have been released.
President Obama only made his promise because he had been provoked into action by a barrage of domestic and international criticism, which was in turn prompted by the prisoners embarking on a prison-wide hunger strike in February, to raise awareness of their ongoing and unacceptable imprisonment without charge or trial.
The difficulty in releasing prisoners has arisen in part because of severe obstacles raised by Congress, and in part because of President Obama’s unwillingness to spend political capital overcoming these obstacles. Read the rest of this entry »
This investigative report is published simultaneously here, and on the website of the “Close Guantánamo” campaign, which I established in January 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.
One of the greatest injustices at Guantánamo is that, of the 169 prisoners still held, over half — 87 in total — were cleared for release by President Obama’s interagency Guantánamo Review Task Force. The Task Force involved around 60 career officials from various government departments and the intelligence agencies, who spent the first year of the Obama Presidency reviewing the cases of all the remaining prisoners in Guantánamo, to decide whether they should be tried, released, or, in some cases, held indefinitely without charge or trial. The Task Force’s final report is here (PDF).
Exactly who these 87 men are is a closely held secret on the part of the administration, which is unfortunate for those of us working towards the closure of Guantánamo, as it prevents us from campaigning as effectively as we would like for the majority of these men, given that we are not entirely sure of their status. Attorneys for the prisoners have been told about their clients’ status, but that information — as with so much involving Guantánamo — is classified.
However, through recent research — into the classified military files about the Guantánamo prisoners, compiled by the Joint Task Force at the prison, which were released last year by WikiLeaks, as well as documents made available by the Bush administration, along with some additional information from the years of the Obama administration — I have been able to establish the identities of 40 men — 23 Yemenis, and 17 from other countries — who, between 2004 and 2009, were cleared for release by the Joint Task Force at Guantánamo, by military review boards under the Bush administration, or by President Obama’s Task Force, and to identify the official documents in which these decisions were noted. Read the rest of this entry »
On March 30, the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), issued what was described as “a landmark admissibility report” in the case of Djamel Ameziane, an Algerian held at Guantánamo, who, like the majority of the 171 men still held, has been detained for over ten years without charge or trial. The IACHR is one of the principal autonomous bodies of the OAS, whose mission is “to promote and protect human rights in the American hemisphere.” Its resolutions are binding on the US, which is a member state. As Djamel’s lawyers at the New York-based Center for Constitutional Rights (CCR) explained in a press release:
This ruling marks the first time the IACHR has accepted jurisdiction over the case of a man detained at Guantánamo, and underscores the fact that there has been no effective domestic remedy available to victims of unjust detentions and other abuses at the base. The IACHR will now move to gather more information on the substantive human rights law violations suffered by Djamel Ameziane — including the harsh conditions of confinement he has endured, the abuses inflicted on him, and the illegality of his detention.
The IACHR will specifically review the US government’s failure to transfer Djamel Ameziane or any man detained at Guantánamo for more than a year — the longest period of time without a transfer since the prison opened in January 2002. This failure has moved the United States further out of compliance with international human rights law and the precautionary measures issued by the IACHR to Djamel Ameziane (2008) and other detained men (2002). Read the rest of this entry »
Since July 2008, when the first Algerian prisoners were repatriated from Guantánamo, the position taken by the US government — first under George W. Bush, and, for the last three years, under Barack Obama — has been that Algeria is a safe country for the repatriation of prisoners cleared for release.
Lawyers and NGOs aware of Algeria’s poor human rights record disagreed, as did some of the Algerian prisoners themselves, to the extent that the last two Algerians sent home — Abdul Aziz Naji in July 2010 and Farhi Saeed bin Mohammed in January 2011 — had actively resisted being sent home, and had taken their cases all the way to the US Supreme Court, which had paved the way for their enforced return by refusing to accept their appeals.
In assessing whether or not it was safe for Algerians to be repatriated from Guantánamo, the US government was required to weigh Algeria’s established reputation for using torture against the “diplomatic assurances” agreed between Washington and Algiers, whereby, as an Obama administration official told the Washington Post at the time of Naji’s repatriation, the Algerian government had promised that prisoners returned from Guantánamo “would not be mistreated.” The US official added, “We take some care in evaluating countries for repatriation. In the case of Algeria, there is an established track record and we have given that a lot of weight. The Algerians have handled this pretty well: You don’t have recidivism and you don’t have torture.” Read the rest of this entry »
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