Sulaiman Abu Ghaith’s Unexpected Testimony in New York Terrorism Trial

On Wednesday, Sulaiman Abu Ghaith (also identified as Sulaiman Abu Ghayth), the Kuwaiti cleric who is on trial in New York accused of terrorism, surprised the court by taking to the witness stand to defend himself.

Abu Ghaith, 48, who was held for over ten years under a form of house arrest in Iran before being freed in Turkey, and, via Jordan, ending up in US custody last year, appeared in broadcasts from Afghanistan immediately after the 9/11 attacks as a spokesman for Al-Qaeda.

He is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists — charges that include the claim that he had knowledge of Al-Qaeda’s operations, including plots involving shoe bombs (for which a British man, Richard Reid, was arrested, tried and convicted in 2002). As the New York Times described it, the government “said in court papers that as part of his role in the conspiracy and the support he provided to Al Qaeda, Mr. Abu Ghaith spoke on behalf of the terrorist group, ‘embraced its war against America,’ and sought to recruit others to join in that conspiracy.” Read the rest of this entry »

Guantánamo, Where Unsubstantiated Suspicion of Terrorism Ensures Indefinite Detention, Even After 12 Years

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Last week, in a decision that I believe can only be regarded objectively as a travesty of justice, a Periodic Review Board (PRB) at Guantánamo — consisting of representatives of six government departments and intelligence agencies — recommended that a Yemeni prisoner, Abdel Malik al-Rahabi (aka Abd al-Malik al-Rahabi), should continue to be held. The board concluded that his ongoing imprisonment “remains necessary to protect against a continuing significant threat to the security of the United States.”

In contrast, this is how al-Rahabi began his statement to the PRB on January 28:

My family and I deeply thank the board for taking a new look at my case. I feel hope and trust in the system. It’s hard to keep up hope for the future after twelve years. But what you are doing gives me new hope. I also thank my personal representatives and my private counsel, and I thank President Obama. I will summarize my written statement since it has already been submitted to the board. Read the rest of this entry »

From Guantánamo, Khalid Sheikh Mohammed’s Declaration in the New York Trial of Sulaiman Abu Ghaith

So here’s a fascinating document from the trial of Sulaiman Abu Ghaith in New York — a 14-page statement by Khalid Sheikh Mohammed, written in response to questions Abu Ghaith’s lawyers submitted to him at Guantánamo, where he has been held since September 2006, following three and half years in “black sites” run by the CIA, and where, notoriously, he was subjected on 183 occasions to waterboarding, an ancient torture technique that is a form of controlled drowning. I am posting a transcript of the statement below, as I believe it is significant, and it is, of course, rare to hear directly from any of the “high-value detainees” held at Guantánamo, because every word they speak or write is presumptively classified, and the authorities generally refuse to unclassify a single word.

Abu Ghaith (also identified as Sulaiman Abu Ghayth) is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists, primarily for his alleged role as a spokesperson for Al-Qaeda immediately after the 9/11 attacks. Following the US-led invasion of Afghanistan, he fled to Iran, where he was held under a form of house arrest — and where he met and married one of Osama bin Laden’s daughters, who was also held under house arrest — until January 2013, when he was released to Turkey.

It was at this point that the US authorities became aware of his release from Iranian custody. At the request of the US, he was briefly detained, but soon released because he had not committed any crime on Turkish soil. The Turkish government then apparently decided to deport him to Kuwait, but on a stop-over in Amman, Jordan, he was arrested by Jordanian officials and turned over to US officials, who subsequently extradited him to the United States. Read the rest of this entry »

“Dirty Wars”: An Immensely Powerful Anti-War Film, Uncovering Obama’s Global “War on Terror”

On May 13, I was privileged to be invited to a London preview of “Dirty Wars,” the new documentary film, directed by Richard Rowley and focusing on the journalist Jeremy Scahill’s investigations into America’s global “war on terrorism” — not historically, but right here, right now under President Obama.

In particular, the film, which opens in the US this weekend, and is accurately described by the New York Times as “pessimistic, grimly outraged and utterly riveting,” follows Scahill, who wrote it with David Riker, and is also the narrator, as he uncovers the existence of the shadowy organization JSOC, the Joint Special Operations Command, established by 1980, which is at the heart of the “dirty wars” being waged in Afghanistan, Pakistan, Yemen, Somalia and elsewhere.

I had seen rushes with representatives of the Center for Constitutional Rights at the London base of the Bertha Foundation, one of the backers of the film, last year, and I remembered the powerful sequences in Afghanistan, where Scahill found out about JSOC after meeting the survivors of a raid in Gardez by US forces in 2010 in which two pregnant women had been killed, and there had then been a cover-up.This involved US soldiers returning to the scene of their crime to remove bullets from the corpses — something difficult to forget once informed about. Read the rest of this entry »

Torture, Torture Everywhere

For those of us who have been arguing for years that senior officials and lawyers in the Bush administration must be held accountable for the torture program they introduced and used in their “war on terror,” last week was a very interesting week indeed, as developments took place in Strasbourg, in London and in Washington D.C., which all pointed towards the impossibility that the torturers can escape accountability forever.

That may be wishful thinking, given the concerted efforts by officials in the US and elsewhere to avoid having to answer for their crimes, and the ways in which, through legal arguments and backroom deals, they have suppressed all attempts to hold them accountable. However, despite this, it seems that maintaining absolute silence is impossible, and last week one breakthrough took place when, unanimously, a 17-judge panel of the European Court of Human Rights ruled in favor of Khaled El-Masri, a German used car salesman of Lebanese origin, who is one of the most notorious cases of mistaken identity in the whole of the “war on terror.” See the summary here.

Describing the ruling, the Guardian described how the court stated that “CIA agents tortured a German citizen, sodomising, shackling, and beating him, as Macedonian state police looked on,” and “also found Macedonia guilty of torturing, abusing, and secretly imprisoning [him],” also noting, “It is the first time the court has described CIA treatment meted out to terror suspects as torture.” Read the rest of this entry »

US Honors Deal to Release Convicted Bin Laden Cook from Guantánamo to Sudan; 87 Cleared Men Still Await Release

Getting out of Guantánamo is such a feat these days (with just three men released in the last 18 months) that it is remarkable that Ibrahim al-Qosi, a Sudanese prisoner who agreed to a plea deal at his war crimes trial in Guantánamo in July 2010, guaranteeing that he would be freed after two years, has been repatriated as promised. 168 prisoners now remain in Guantánamo.

With a typical disregard for the principle that a prisoner — any prisoner — must be freed when their sentence comes to an end, the US has maintained, since the “war on terror” began nearly 11 years ago, that prisoners at Guantánamo can continue to be held after their sentence has come to an end, and be returned to the general population as “enemy combatants,” even though President Bush failed to do this when he had the opportunity — with Salim Hamdan, a driver for Osama bin Laden who was freed after serving a five-month sentence handed down after his military trial in 2008.

A source with knowledge of al-Qosi’s case, who does not wish to be identified, told me that the Obama administration was unwilling to detain al-Qosi after his sentence came to an end, and I believe that one of the reasons that the President negotiated a waiver to the provisions in the National Defense Authorization Act, allowing him to bypass restrictions on releasing prisoners that were imposed by Congress, was to prevent Republicans from trying to force him to continue holding al-Qosi. Read the rest of this entry »

US in Talks to Return the 17 Afghan Prisoners in Guantánamo

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 »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Four of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will hopefully be completed by 2013, although that is contingent on finding new funding.

This is Part 34 of the 70-part series. 422 stories have now been told. See the entire archive here.

In late April last year, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken. Read the rest of this entry »

Why No Trials for Abu Zubaydah and Seven Other “High-Value Detainees” in Guantánamo?

Two weeks ago, when Khalid Sheikh Mohammed and four other “high-value detainees” were arraigned at Guantánamo, in preparation for their forthcoming trial by military commission, they brought to eight the number of “high-value detainees” tried, put forward for trials or having agreed to a plea deal to avoid a trial and secure a reduced sentence.

In total, 16 “high-value detainees” have been sent to Guantánamo — 14 in September 2006, another in 2007 and another in 2008. One, Ahmed Khalfan Ghailani, was tried and convicted in federal court in New York in 2010, another, Majid Khan, accepted a plea deal in February this year, and Khalid Sheikh Mohammed and his four co-defendants join another prisoner, Abd al-Rahim al-Nashiri, in the slow-moving queue for military commission trials at Guantánamo.

But what of the other eight? Are there any plans to try them? Or is the Obama administration happy for them to be held for the rest of their lives without charge or trial — a confirmation, if any were needed, that indefinite detention without charge or trial has, through Guantánamo, become normalized? Read the rest of this entry »

Torture: The Bush Administration on Trial

Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.

Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.

All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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