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 Djamal 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 »
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 »
On August 4, Muhammad Rahim, an Afghan, became the 56th Guantánamo prisoner to face a Periodic Review Board. The PRBs were set up in 2013, and are reviewing the cases of all the prisoners still held who are not facing trials (just ten of the remaining 76 prisoners) or who were not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.
33 men have so far been approved for release via the PRBs (and eleven have been released), while 17 have had their ongoing imprisonment held. This is a 67% success rate for the prisoners, and it ought to be embarrassing for the Obama administration, whose task force had concluded that they were “too dangerous to release” or that they should be prosecuted. See my definitive Periodic Review Board list on the Close Guantánamo website for further information.
Muhammad Rahim, who was born in November or December 1965, was the last prisoner to arrive at Guantánamo, in March 2008, when he was described as “a close associate” of Osama bin Laden. He has been described as a “high-value detainee” — one of only 16 held at the prison — but if this was the case he would surely have been put forward for prosecution, suggesting that, as with so many of the prisoners held at Guantánamo, his significance has been exaggerated. 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.
Earlier this year, there was much discussion in the US media about the possibility that, as part of negotiations aimed at securing peace in Afghanistan, the US would release five high-level Taliban prisoners in Guantánamo to Qatar, where they would be held under a form of house arrest.
Those plans came to nothing, but last week the Associated Press reported that the Obama administration was “considering a new gambit to restart peace talks with the Taliban,” which would involve some — or all — of the 17 remaining Afghan prisoners still held in Guantánamo being transferred to Afghanistan, to be held in the Parwan Detention Facility near Bagram, the huge prison established to replace the original prison at Bagram, where several prisoners were killed in the early years of the “war on terror.”
As part of the Obama administration’s 2014 deadline for withdrawing forces from Afghanistan, the Parwan Detention Facility is scheduled to be transferred to Afghan control in September this year, and the fate of the remaining Afghans in Guantánamo is clearly part of the negotiations for all parties involved — the Taliban and the Karzai government, as well as the US. 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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