The Anguish of Hedi Hammami, A Tunisian Released from Guantánamo in 2010, But Persecuted in His Homeland

A recent photograph of former Guantanamo prisoner Hedi Hammami (Photo: Youssef Bouafif).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two 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.

The media circus has currently taken one of its darker turns regarding Guantánamo, after an evidently troubled former prisoner, Jamal al-Harith, a British citizen released 13 years ago, blew himself up in Iraq. Too much of the coverage has focused on the UK’s alleged failure to keep him under surveillance, and on the financial settlement he (and all the other released British prisoners) received from the British government in 2010, and not enough on how disgraceful and unacceptable his treatment was in the first place, and how that might have caused lasting damage.

The full-time surveillance of individuals is an expensive matter, and not one that states that respect the rule of law undertake lightly, especially in relation to individuals against whom no case for wrongdoing was ever established. Al-Harith is one of a number of individuals who were only sent to Guantánamo after they had been liberated by the US from a Taliban prison, where they had been held — and abused — because the Taliban thought they were spies, and it is inconceivable that these men were not damaged in some way by being subsequently sent to Guantánamo to be “held in extrajudicial detention for years and subjected to torture on a regular basis,” as the Guardian described it, adding, in al-Harith’s case, that this was “with the complicity of the UK.”

As the Guardian spelled out, the official reason given for al-Harith’s transfer to Guantánamo was “because the US thought he might have useful information on the treatment of prisoners by the Taliban – who had held him as a suspected British spy – not because he was considered dangerous,” and in the end, although the US authorities “thought some questions remained” about al-Harith, they “concluded he had no links to the Taliban or al-Qaida,” an assessment that seems accurate. It is not yet certain what led him to travel to Syria in 2014 to join Islamic State fighters, but it would be unwise to rule out the effects of the time spent in brutal prisons run by both the Taliban and the United States. Read the rest of this entry »

Case of Al-Qaeda Suspect Captured in Yemen Seen As Test of Trump’s Plan to Send New Prisoners to Guantánamo

"Not one step back: Close Guantanamo" - campaigners outside the White House during the Obama presidency, with a message that may be even more significant under Donald Trump.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

For the New York Times on Monday, in ‘Case of Captive in Yemen Could Test Trump’s Guantánamo Pledge,’ Adam Goldman, Matt Apuzzo and Eric Schmitt wrote about the case of Abu Khaybar, an al-Qaeda suspect, around 40 years of age, who was seized in Yemen last fall, and “is being held there by another country, according to four current and former senior administration officials.” The authors added that “[t]he circumstances of his detention are not clear, but he is wanted on terrorism charges in New York.”

However, Abu Khaybar may also be wanted by Donald Trump, to send to Guantánamo, to follow up on his pledge to send new prisoners to the prison. As the authors note, his “suspected affiliation with Al Qaeda gives the United States clear authority to hold him” at Guantánamo, where the detention of prisoners is approved by the Authorization for Use of Military Force, passed in the days after the 9/11 attacks, which authorizes the president to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”

As the Times noted, the new Attorney General, Jeff Sessions, “has repeatedly said that terrorists should not be prosecuted in civilian courts,” a worrying stance given that the military commissions at Guantánamo have been a colossal failure, while federal courts have proven more than capable of successfully prosecuting terrorists, something they have done throughout the last 15 years, even when the Bush administration was most aggressively touting Guantánamo as a new paradigm of detention. Read the rest of this entry »

Donald Trump Reportedly Close to Finalizing Executive Order Approving Imprisonment of Islamic State Prisoners at Guantánamo

A collage of Donald Trump and Guantanamo prisoners on the first day of the prison's operations, January 11, 2002.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

In shocking news from the Trump administration regarding Guantánamo, the New York Times has obtained a new draft executive order, “Protecting America Through Lawful Detention of Terrorist and Other Designated Enemy Elements,” directing the Pentagon to bring Islamic State prisoners to Guantánamo.

Two weeks ago, the Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants” (which I wrote about here), calling for two executive orders issued by President Obama when he first took office in January 2009 to be revoked — one banning the CIA’s use of “black sites” and torture techniques, and the other ordering the closure of the prison at Guantánamo Bay. The draft order also called for new prisoners to be sent to Guantánamo, and for “any existing transfer efforts” to be suspended “pending a new review.”

After a huge outcry regarding the torture proposals, these were dropped from a revised order that Charlie Savage was told about, which he discussed in an article on February 4 — and which I mentioned yesterday in an article for the Close Guantánamo campaign looking primarily at opposition to the draft executive order from senior Democrats and rights groups.

Now, however, with the leaking of the new draft executive order, it has become clear that, although Trump has given up on his torture plans, he is close to telling defence secretary James Mattis to bring Islamic State prisoners to Guantánamo, “despite warnings from national security officials and legal scholars that doing so risks undermining the effort to combat the group,” as Charlie Savage described it. Read the rest of this entry »

Heroes of the Resistance: Judge James Robart, Who Has Suspended Donald Trump’s Unacceptable Immigration Ban, and Washington State AG Bob Ferguson

Protestors against Donald Trump's immigration ban at Seattle-Tacoma International Airport on January 28, 2017 (Photo: Genna Martin, seattlepi.com).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning over the first two months of the Trump administration.

 

A week after Donald Trump issued his disgraceful executive order banning visitors from seven mainly Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen), District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, appointed by George W. Bush, “granted a temporary restraining order … after hearing arguments from Washington State and Minnesota that the president’s order had unlawfully discriminated against Muslims and caused unreasonable harm,” as the Guardian described it.

In a second article, the Guardian explained that Judge Robart had “declared the entire travel ban unconstitutional,” noting that, although other states are also suing the government, Washington State’s Attorney General Bob Ferguson had “argued the widest case: that the Trump order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.”

Outside the courtroom, Ferguson said, “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately — shuts it down. That relief is immediate, happens right now. That’s the bottom line.” Read the rest of this entry »

Obama Commutes Chelsea Manning’s 35-Year Sentence; Whistleblower Who Leaked Hugely Important Guantánamo Files Will Be Freed in May 2017, Not 2045

Protestors holding signs calling for the release of Chelsea Manning during a gay pride parade in San Francisco in 2015 (Photo: Elijah Nouvelage/Reuters via ZUMA Press).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next two months.

 

Great news from the White House, as, in the dying days of his presidency, Barack Obama has commuted the 35-year sentence of Chelsea Manning (formerly Bradley Manning), the former Army intelligence analyst responsible for the largest ever leak of classified documents, including the “Collateral Murder” video, featuring US personnel indiscriminately killing civilians and two Reuters reporters in Iraq, 500,000 army reports (the Afghan War logs and the Iraq War logs), 250,000 US diplomatic cables, and the Guantánamo files, released by WikiLeaks in April 2011, on which I worked as a media partner.

I regard the Guantánamo files as a hugely significant resource, which, unfortunately, have been used by right-wing, Islamophobic magazines and websites in an effort to justify the continued existence of Guantánamo. Like Biblical fundamentalists, who swear that everything in the Bible is true (and who, as a result, are unable to recognize its many contradictions), the right-wing defenders of Guantánamo fail to recognize the huge number of contradictions in the files.

Any intelligent analysis of the files instead reveals the extent to which they lay bare the cruelty and incompetence of the authorities at Guantánamo, providing the names of the many unreliable witnesses, who, as a result of torture for other forms of abuse, or being bribed with better living conditions, or simply through exhaustion after seemingly endless — and pointless — interrogations, told their interrogators what they wanted to hear. And the interrogators, of course, wanted whatever information would make the prisoners appear significant, when, in truth, they had been rounded up in a largely random manner, or had been bought for bounty payments from the Americans’ Afghan or Pakistani allies, and very few — a maximum of 3% of the 779 men held, I estimate — genuinely had any kind of meaningful connection with al-Qaeda, the leadership of the Taliban, or any related groups. Most were either foot soldiers or civilians in the wrong place at the wrong time, dressed up as “terrorists” to justify a dragnet, from September 2001 to November 2003 (when the transfers to Guantánamo largely ended) that is primarily remarkable because of its stunning incompetence.

I began a detailed study of the Guantánamo files leaked by Manning after their release in 2011, but exhaustion, and a lack of funding, prevented me from analyzing more than the 422 files I covered in detail in 34 articles totaling over half a million words, which are available here, although I do believe that my work on the files constitutes important research. One day I hope to complete the project, but even if I don’t, the files Manning released will provide historians with an unparalleled opportunity to understand the extent to which the so-called intelligence at Guantánamo is a house of cards built on torture and lies, and we should all be grateful to her for leaking them in the first place — just as there are reasons to be grateful for all the other documents she leaked.

Reporting the commuting of Manning’s sentence, Charlie Savage in the New York Times described how Obama’s decision “rescued Ms. Manning, who twice tried to kill herself last year, from an uncertain future as a transgender woman incarcerated at the men’s military prison at Fort Leavenworth, Kan.,” adding “She has been jailed for nearly seven years, and her 35-year sentence was by far the longest punishment ever imposed in the United States for a leak conviction.”

Savage also noted how this, and a pardon for Gen. James E. Cartwright, “the former vice chairman of the Joint Chiefs of Staff who pleaded guilty to lying about his conversations with reporters to FBI agents investigating a leak of classified information about cyberattacks on Iran’s nuclear program,” were “a remarkable final step for a president whose administration carried out an unprecedented criminal crackdown on leaks of government secrets. Depending on how they are counted, the Obama administration has prosecuted either nine or 10 such cases, more than were charged under all previous presidencies combined.”

Obama also “commuted the sentence of Oscar Lopez Rivera, who was part of a Puerto Rican nationalist group that carried out a string of bombings in the late 1970s and early 1980s,” who had been held long after the other members had been freed, and “also granted 63 other pardons and 207 other commutations, mostly for drug offenders.”

Manning will be freed on May 17, 2017 rather than in 2045, with a senior administration official explaining that the 120-day delay was “part of a standard transition period for commutations to time served, and was designed to allow for such steps as finding a place for Ms. Manning to live after her release.” Charlie Savage added that the commutation “also relieved the Defense Department of the difficult responsibility of Ms. Manning’s incarceration as she pushes for treatment for her gender dysphoria, including sex reassignment surgery, that the military has no experience providing.”

Several Republican lawmakers criticized the commutation, as did president elect Donald Trump, but Nancy Hollander and Vince Ward — lawyers representing Manning — were euphoric.

“Ms. Manning is the longest serving whistleblower in the history of the United States,” they stated. “Her 35-year sentence for disclosing information that served the public interest and never caused harm to the United States was always excessive, and we’re delighted that justice is being served in the form of this commutation.”

Unlike Manning, no pardon will be forthcoming for Edward Snowden. On Friday, White House spokesman Josh Earnest “discussed the ‘pretty stark difference’ between Ms. Manning’s case for mercy and Mr. Snowden’s,” as the Times put it, adding that, “While their offenses were similar, he said, there were ‘some important differences.’”

“Chelsea Manning is somebody who went through the military criminal justice process, was exposed to due process, was found guilty, was sentenced for her crimes, and she acknowledged wrongdoing,” Earnest said, whereas “Mr. Snowden fled into the arms of an adversary and has sought refuge in a country that most recently made a concerted effort to undermine confidence in our democracy.”

Mr. Earnest also noted that “while the documents Ms. Manning provided to WikiLeaks were ‘damaging to national security,’ the ones Mr. Snowden disclosed were ‘far more serious and far more dangerous.’”

When Manning decided to make public files she uncovered, as Pfc. Bradley Manning, on duty in Iraq, she wrote at the time that she hoped they would incite “worldwide discussion, debates and reforms.”

Charlie Savage noted that the disclosures “set off a frantic scramble as Obama administration officials sought to minimize any potential harm, including getting to safety some foreigners in dangerous countries who were identified as having helped American troops or diplomats,” adding that prosecutors, however, “presented no evidence that anyone had been killed because of the leaks.”

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose debut album ‘Love and War’ and EP ‘Fighting Injustice’ are available here to download or on CD via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and the Countdown to Close Guantánamo initiative, launched in January 2016), the co-director of We Stand With Shaker, which called for the release from Guantánamo of Shaker Aamer, the last British resident in the prison (finally freed on October 30, 2015), and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by the University of Chicago Press in the US, and available from Amazon, including a Kindle edition — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US).

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, and The Complete Guantánamo Files, an ongoing, 70-part, million-word series drawing on files released by WikiLeaks in April 2011. Also see the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

Emptying Guantánamo: Obama to Release 17 or 18 Prisoners Before Trump Takes Over

Muieen Abd al-Sattar, a stateless Rohingya Muslim, who is not one of the men who will be released before President Obama leaves office, despite having been approved for release in 2009. The photo is from the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $3000 (£2400) to support my writing and campaigning on Guantánamo into the new year.

 

Excellent news from Guantánamo yesterday, as Charlie Savage, in the New York Times, confirmed what those of us seeking the prison’s closure had hoped — that the majority of the 22 men approved for release (out of the 59 men still held) will be freed before President Obama leaves office.

Because of requirements put in place over many years by a hostile Congress, the Pentagon must notify Congress 30 days before a release — a “transfer” — is to take place, and the deadline for securing releases before Obama leaves office was therefore this Monday, December 19. By late in the day, officials told the Times, the administration had secured homes for 17 or 18 of the remaining prisoners, who, crucially, will be sent to Italy, Oman, Saudi Arabia and the United Arab Emirates.

The Gulf countries have all taken prisoners in the last two years — almost all of them Yemenis, for whom third countries had to be found because the entire US establishment is unwilling to repatriate Yemenis based on fears about the security situation in their homeland. Four were sent to Oman in January 2015, another six in June 2015, and five were sent to the UAE in November 2015. Another ten were sent to Oman in January 2016, and another 12 were sent to the UAE in August 2016 (with three Afghans, whose repatriation had been prohibited by Congress, based on fears about them ending up taking up arms against US forces). In addition, another nine Yemenis were sent to Saudi Arabia in April 2016. Read the rest of this entry »

Donald Trump, Guantánamo and Torture: What Do We Need to Know?

An image made by supporters of Donald Trump based on his comments about Guantanamo.I wrote the following article (as “Donald Trump and Guantánamo: What Do We Need to Know?) 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.

So the bad news, on Guantánamo, torture, Islamophobia and war, is that, as Charlie Savage explained in the New York Times this week, “As a presidential candidate, Donald J. Trump vowed to refill the cells of the Guantánamo Bay prison and said American terrorism suspects should be sent there for military prosecution. He called for targeting mosques for surveillance, escalating airstrikes aimed at terrorists and taking out their civilian family members, and bringing back waterboarding and a ‘hell of a lot worse’ — not only because ‘torture works,’ but because even ‘if it doesn’t work, they deserve it anyway.’”

As Savage also noted, “It is hard to know how much of this stark vision for throwing off constraints on the exercise of national security power was merely tough campaign talk,” but it is a disturbing position for Americans — and the rest of the world — to be in, particularly with respect to the noticeable differences between Trump and Barack Obama.

The outgoing president has some significant failures against his name, which will be discussed in detail below, but America’s first black president did not, of course, appoint a white supremacist to be his chief strategist and Senior Counselor, as Trump has done with Steve Bannon, the executive chairman of Breitbart News, an alarming far-right US website. Nor did he call for a “total and complete shutdown” of America’s borders to Muslims, as Trump did last December, and nor did he suggest that there should be a registry of all Muslims, as Trump did last November. Read the rest of this entry »

In Contentious Split Decision, Appeals Court Upholds Guantánamo Prisoner Ali Hamza Al-Bahlul’s Conspiracy Conviction

Ali Hamza al-Bahlul, in a photo included in the classified military files released by WikiLeaks in April 2011.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 week, in the latest development in a long-running court case related to Guantánamo, the court of appeals in Washington, D.C. (the D.C. Circuit) upheld Ali Hamza al-Bahlul’s November 2008 conviction for conspiracy in his trial by military commission, but in a divided decision that means the case will almost certainly now make its way to the Supreme Court.

Al-Bahlul, a Yemeni, was seized in Afghanistan in December 2001, and taken to Guantánamo, where, in June 2004, he was charged in the first version of the military commissions that were ill-advisedly dragged out of the history books by the Bush administration in November 2001, primarily on the basis that he had made a promotional video for al-Qaeda.

Two years later, the commissions were scrapped after the Supreme Court ruled that they were illegal, but they were subsequently revived by Congress, and in February 2008 he was charged again, and convicted in November 2008, after a trial in which he refused to mount a defense, on “17 counts of conspiracy, eight counts of solicitation to commit murder and 10 counts of providing material support for terrorism,” as I described it at the time. Read the rest of this entry »

Torture Victim Abu Zubaydah, Seen For the First Time in 14 Years, Seeks Release from Guantánamo

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files released by WikiLeaks in 2011.On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

Plea Deals in Federal Court Mooted for Guantánamo Prisoners in Next Year’s National Defense Authorization Act

A campaigner wearing a President Obama mask calls for the closure of Guantanamo in London (Photo: AP/Kirsty Wigglesworth).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 week there was an interesting development in relation to President Obama’s hopes of closing Guantánamo, when the Senate Armed Services Committee announced that it had included a provision in its version of next year’s National Defense Authorization Act, which, as Charlie Savage reported for the New York Times, would allow Guantánamo prisoners to “plead guilty to criminal charges in civilian court via video teleconference,” and would also allow them to be “transferred to other countries to serve their sentences.”

Last November, a number of lawyers sent a letter to the Justice Department, which the New York Times discussed here, in which they “express[ed] interest in exploring plea deals by video teleconference — but only in civilian court, not military commissions.”

Lawyers for six prisoners said that they “may wish” to negotiate plea deals — Abu Zubaydah, the “high-value detainee” for whom the CIA’s torture program was developed, Abu Faraj al-Libi, another “high-value detainee,” Sanad al-Kazimi, a Yemeni who recently went before a Periodic Review Board, Abd al-Rahim Ghulam Rabbani, a Pakistani, Abdul Latif Nasser, the last Moroccan in the prison, and Soufian Barhoumi (aka Sufyian Barhoumi), an Algerian whose PRB is taking place on May 24. As Savage described it, the letter also “said several others are interested, and that Majid Khan, who has pleaded guilty in the [military] commissions system but has not been sentenced, would like to plead again, in civilian court.” Read the rest of this entry »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Abu Zubaydah Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners Center for Constitutional Rights CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer Torture UK austerity UK protest US Congress US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo