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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.

August 1 was the 17th anniversary of a particularly grotesque and dispiriting event in modern US history, one that has ramifications that are still being felt today, even though it was completely unnoticed — or ignored — by the US media. 

On August 1, 2002, Jay S. Bybee, then the Assistant Attorney General for the Office of Legal Counsel (OLC), the branch of the Justice Department responsible for advising the executive branch on what is, and what is not legal, signed off on two blatantly unlawful memos written by OLC lawyer John Yoo, which attempted to re-define torture, and approved its use on Abu Zubaydah, a prisoner of the “war on terror” that the US declared after the terrorist attacks of September 11, 2001, who was being held in a secret prison — a “black site” — run by the CIA.

The memos remained secret until June 2004, when, in the aftermath of the Abu Ghraib scandal, when photos were leaked of torture in a US-run prison in Iraq, one of the Yoo-Bybee memos was also leaked, provoking widespread disgust, although Yoo and Bybee escaped the criticism unscathed. For his services, Bybee was made a judge on the Ninth Circuit Court of Appeals, while Yoo kept his job as a law professor at the University of Berkeley. 

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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. If you can help, please click on the button below to donate via PayPal.

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.

Let’s be clear about two things before we start: torture and indefinite imprisonment without charge or trial are never acceptable under any circumstances. Torture is prohibited under the UN Convention Against Torture, introduced in 1985 and ratified by Ronald Reagan, and Article 2.2 of the Convention states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” 

In addition, indefinite imprisonment without charge or trial is unacceptable because there are only two ways in which it is acceptable for countries that claim to respect the rule of law to deprive someone of their liberty: either by trying them for a crime in federal court, or holding them as a prisoner of war until the end of hostiliites, with the protections of the Geneva Conventions. 

After 9/11, however, the US created a network of torture prisons around the world, and invented a third category of prisoner — illegal or unlawful enemy combatants — who had no rights whatsoever. 

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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 Friday, August 17, a ruling of potentially huge significance took place at Guantánamo in pre-trial hearings for the proposed trial by military commission of the five men accused of involvement in the terrorist attacks of September 11, 2001, who include Khalid Sheikh Mohammed. All five men have been held at Guantánamo since September 2006, and, before that, were held and tortured in CIA “black sites” for up to three and a half years. 

Yesterday, just ten days later, the judge, Army Col. James L. Pohl, 67, who has been the judge on the case since the men were arraigned in May 2012, announced that he will retire on September 30 and named Marine Col. Keith A. Parrella, 44, to replace him. Giving notice of his intention, he stated, “I will leave active duty after 38 years. To be clear, this was my decision and not impacted by any outside influence from any source.”

Astonishingly, it is ten and half years since the US government first filed charges against the five men accused of involvement in the 9/11 attacks in the military commission trial system, which had been ill-advisedly dragged from the history books by Dick Cheney and his lawyer David Addington in November 2001, but had been ruled illegal by the Supreme Court in June 2006, in Hamdan v. Rumsfeld. The commissions were subsequently revived with Congressional backing, but struggled to establish any legitimacy throughout the rest of Bush’s presidency. Read the rest of this entry »

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.

While I was away on my recent family trip to the West Country (WOMAD in Wiltshire, Cornwall, Chesil Beach in Dorset and Bristol), I missed a powerful article that was published in the New York Times, written by former Guantánamo prisoner Mansoor Adayfi.

A Yemeni (known by the Guantánamo authorities as Mansoor al-Dayfi or Mansoor al-Zahari), Adayfi was freed from the prison in July 2016, having had his release recommended by a Periodic Review Board, the parole-like process initiated by President Obama in his last three years in office. Because of fears about the security situation in Yemen across the US political spectrum, no prisoners approved for release were sent back to Yemen, and third countries had to be found that would take them in. Adayfi was taken in by Serbia, and as I reported last March, after a reporter from NPR visited, he was struggling to adjust to post-Guantánamo life with no other ex-prisoners for company, with no Muslim community, and with, it seemed, hostility from the authorities.

In captivity, he had become fluent in English, and had become a huge admirer of US culture, and, as I explained last March, “Had Barack Obama not backed down on plans to bring some former Guantánamo prisoners to live in the US in 2009 (one of the most important mistakes he made regarding Guantánamo), al-Dayfi would have been a perfect candidate for resettlement in the US.” Read the rest of this entry »

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.

So there was good news on Wednesday, when the Pentagon announced that Ahmed al-Darbi, a Saudi citizen in Guantánamo, had been repatriated, to serve out the rest of a 13-year sentence that he was given as the result of a plea deal that he agreed in his trial by military commission in February 2014.

Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year.

However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals. Read the rest of this entry »

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.

Congratulations to the New York Times for not giving up on the story of the two former Guantánamo prisoners who were recently repatriated to Libya despite having been given humanitarian asylum in Senegal two years ago, on the understanding that they would not be sent back to Libya, as it was unsafe for them. The story is particularly significant from a US perspective, because of the role played — or not played — by the State Department, which, under President Obama, facilitated the resettlement of the men, and many others, and, in general, also kept an eye on them after their release.

The story first emerged three weeks ago, when I was told about it by former prisoner Omar Deghayes, and the Intercept published an article. My article is here. A week later, the New York Times picked up on the story, reporting, as Omar Deghayes also confirmed to me, that one of the two men, Salem Ghereby (aka Gherebi) had voluntarily returned to Libya, as he desperately wanted to be united with his wife and children, and because he hoped that his connections in the country would prevent him from coming to any harm. My second article is here.

Unfortunately, on his return, Salem Ghereby was imprisoned at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported, and the British NGO CAGE then reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I wrote about that here, and then exclusively published Salem Gherebi’s letter explaining why he had chosen to be repatriated. Read the rest of this entry »

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Last week, I published an article, Betrayal: Senegal Prepares to Send Two Former Guantánamo Prisoners Back to Libya, Where They Face Imprisonment, Torture and Even Execution, looking at the terrible news that two Libyan nationals were being threatened with deportation to Libya. The two men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), were given humanitarian asylum in Senegal two years ago, on the understanding, agreed with the US State Department, that it was permanent, and that they would not, under any circumstances, be returned to Libya, where the security situation was so fraught that it was not possible to guarantee their safety as former Guantánamo prisoners tainted, unfairly, with the stamp of terrorism.

When I published my article, the Senegalese government’s threat was to send the two men back to Libya on April 3, and there were hopes that criticism might stop the plans from going ahead. However, on April 4, the Guantánamo Justice Centre, set up by former prisoners, posted the following update: “Regarding the situation of Omar and Salem previously given refuge in Senegal, we regret to report that eye witnesses have said one of the Guantánamo survivors was transferred today to Tripoli Mitiga Airport.”

On April 5, the New York Times picked up the story. On the ground in Senegal, Dionne Searcey confirmed that Khalifa had “disappeared from his once-guarded apartment in Dakar that now appears abandoned.” The Times added that the Senegalese government had said that Khalifa, identified as Awad Khalifa, “was not being deported.” However, neighbors said Khalifa and Salem Ghereby “were taken away on Tuesday afternoon.” The Times also explained that, hours earlier, “they had told a New York Times reporter visiting the apartment” — Dionne Searcey, presumably — “that they had received handwritten notices that they would be sent to Libya.” Read the rest of this entry »

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 Friday, Ahmed al-Darbi, a Saudi prisoner at Guantánamo, publicly criticized his government for failing to secure his release from the prison on February 20. The  release date had been agreed last October as part of a plea deal he had initially agreed to in February 2014.

In what the New York Times described as “an unusual statement” conveyed through his lawyer, he said, “It’s shameful. Unlike other countries, the Saudi government never even provided me with an attorney all these years.” He added, “And now my own government is an obstacle to my repatriation. What kind of country abandons its citizens in the custody of another government for 16 years? My country won’t take a step that was agreed on four years ago so that I can finally go home. It’s been my daily dream for four years to see my wife and children.”

Under the terms of his plea deal, al-Darbi admitted that he played a part in a 2002 attack by Al-Qaeda on a French oil tanker, the Limburg, off the Yemeni coast, in exchange for a promise that he would be repatriated, after cooperating further with the US, to serve out the rest of his sentence in Saudi Arabia. As I explained in October, when he was given a 13-year sentence, his sentencing didn’t take place before “because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook [last] summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.” Read the rest of this entry »

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Britain has a dark and brutal history, but principled members of its establishment played a major part in establishing fundamental human rights following the horrors of the Second World War, only to see those rights undermined when it didn’t suit the government — in Ireland in the 1970s, for example, and, since 9/11, as the US’s stoutest ally in the law-shredding “war on terror” that the Bush administration declared after the terrorist attacks.

Just months after 9/11, Tony Blair began imprisoning foreign nationals, suspected of involvement with terrorism, without charge or trial, and on the basis of secret evidence, and his government also subjected British terror suspects to internal exile and house arrest under “control orders.”

When the Tories took over in 2010, promises made by David Cameron to banish this bleak landscape were quickly sidelined, and Theresa May’s six-year tenure as home secretary, from 2010 to 2016, was a horrendously dark and racist time, as May sent vans around Britain’s streets telling immigrants to go home, crowed at the Conservative Party conference about extraditing Muslim terror suspects to the US, just after refusing to allow a white Briton to be extradited, persistently stated her vile authoritarian desire to remove the UK from the European Convention on Human Rights, and, in 2013, stripped two dual national British citizens of their British citizenship, while they were in Syria, and then told the US government where they were, so they could be killed in drone strikes. I reported all off this, and more, in an article in July 2016 entitled, As Theresa May Becomes Prime Minister, A Look Back at Her Authoritarianism, Islamophobia and Harshness on Immigration. Read the rest of this entry »

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.

Two weeks ago, in my most recent article, for Close Guantánamo, I covered the latest scandal to involve the prison — the US military’s decision, prompted by an art exhibition of prisoners’ work being shown in New York, to threaten to destroy their art, and to insist that it does not belong to the men who made it, but, instead, belongs permanently to the US military.

As I mentioned in the article, the most troubling aspect of the authorities’ position was articulated by Andrea Prasow of Human Rights Watch, who stated in a powerful tweet that the development was “no surprise” because the “Pentagon has long claimed it owns detainees’ own memories of torture.” When prisoners are not even allowed to own their own thoughts by the US government, it is no surprise that the government also claims that it also owns their artwork.

Nevertheless, since the article was published, criticism of the US authorities’ position has not diminished. At the weekend, the New York Times published an editorial, “Art, Freed From Guantánamo,” which began by stating, powerfully, “The American prison at Guantánamo Bay, Cuba — where men suspected of terrorism are for the most part being held indefinitely without trial — has long been a stain on this country’s human rights record. Now the military has stumbled needlessly into a controversy over, of all things, art.” Read the rest of this entry »