Review Boards Approve Ongoing Imprisonment of Saifullah Paracha, Guantánamo’s Oldest Prisoner, and Two Others

Guantanamo prisoner Saifullah Paracha, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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 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.

Three weeks ago, in Under Trump, Periodic Review Boards Continue at Guantánamo, But At A Glacial Pace, I looked in detail at the current state of the Periodic Review Boards at Guantánamo, a parole-type process that quietly dominated Barack Obama’s detention policy at Guantánamo throughout his eight years in office, when, despite promising to close the prison on his second day, he left the White House with 41 men still held, and Donald Trump threatening to send new prisoners there.

Trump’s threats, have, fortunately, not materialized — hopefully, because wiser heads have told him that federal courts are more than adequate for dealing with captured terrorists — and the Periodic Review Boards are still functioning, despite a call for them to be scrapped by eleven Republican Senators in February, although they have not recommended anyone for release since before Trump took office.

After Obama took office in January 2009, he set up a high-level review process, the Guantánamo Review Task Force, to assess what he should do with the 240 men he had inherited from George W. Bush. The task force recommended that 156 of the 240 should be released and 36 prosecuted, and that the 48 others should continue to be held without charge or trial because they were too dangerous to release — although the task force members conceded that insufficient evidence existed to put them on trial, meaning that the so-called evidence was actually unreliable.

Obama eventually released all but three of the 156 men recommended for release by the task force, and, in March 2011, authorized the ongoing imprisonment of the 48  “forever prisoners” via an executive order, in which he also promised to set up periodic reviews to regular reassess their cases. Those reviews — the PRBs — didn’t begin until November 2013, by which time 41 of the 48 were left at Guantánamo, and 23 of the 36 men recommended for prosecution had been added to the tally of those eligible for PRBs, after the trial system at Guantánamo — the military commissions — suffered the most critical blow to its legitimacy when appeals court judges ruled that, for the most part, it had been trying men for war crimes (in particular, providing material support for terrorism) that were not recognized war crimes at all, and had been invented by Congress.

Over the next three years, the 64 men eligible for PRBs had their cases reviewed by the high-level review board panels — consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — and 38 were recommended for release. All but two of the men were freed before Obama left office, leaving 26 to face further reviews — purely administrative file reviews every six months, and full reviews, with the prisoners interviewed by video link from a secure facility on the US mainland by the board members every three years.

In reality, what has happened with the reviews is that file reviews have, in 14 cases, recommended prisoners for second full reviews within a much shorter time scale — generally within a year of their initial review — if new information, from their lawyers, for example, has suggested that “a significant question is raised as to whether [their] continued detention is warranted.”

In the first eight of these second full reviews — all under Obama — the men had their release recommended, and were all freed. However, in the five most recent decisions taken, the men’s ongoing imprisonment has been upheld. I wrote about two of these decisions — in the cases of Said Nashir (ISN 841) and Uthman Abd al-Rahim Muhammad Uthman (ISN 27) — in an article in February, but the other three decisions have only been made public in the last few weeks.

The recent decisions

In the first decision, taken on April 20, but only made public around May 18, the board upheld the ongoing imprisonment of Saifullah Paracha (ISN 1094), Guantánamo’s oldest prisoner. A 69-year old Pakistani businessman, Paracha met Osama bin Laden and was allegedly involved in plotting with al-Qaeda to attack US targets, although he has been unwilling to accept responsibility for his actions, which has counted against him in the board members’ assessment.

As the board members stated, in making their determination, they “considered the detainee’s past involvement in terrorist activities, including contacts and activities with Usama Bin Laden [sic], Kahlid Shakyh Muhammad [sic] and other senior al-Qa’ida members, facilitating financial transactions and travel, and developing media for al-Qa’ida.”

They also, crucially, “considered [his] continued refusal to take responsibility for his involvement with al-Qa’ida,” described their “inability to assess [his] mindset due to his complete lack of candor, and the significant inconsistencies between written submissions to the Board and [his] testimony concerning family support and future plans.” They also “considered [his] indifference to the impact of his prior actions and the lack of evidence of significant mitigation measures.”

In the second decision, taken on April 27, but only made public around May 23, the board upheld the ongoing imprisonment of Haroon al-Afghani (ISN 3148), an Afghan, and the penultimate prisoner to arrive at Guantánamo in 2007. At the time of his first review, in June 2016, he had only just secured the assistance of an attorney, Shelby Sullivan-Bennis of Reprieve, who made a detailed submission on his behalf for his second full review on March 28, discussing his business plans and his preoccupation with being reunited with his daughter.

However, in making their determination, the board members stated that they had “considered [his] past involvement in terrorist activities, including [his] membership and leadership position in Hezb-e-lslami Gulbuddin (HIG), his extensive time spent fighting Coalition forces, and his prior associations with al Qaida.” They also considered what they described as his “continued refusal to acknowledge his involvement in hostilities after 2001 and his repeated attempts to minimize his role within the HIG despite facts to the contrary,” and also noted that he “was not credible in his responses to questions from the Board, and often provided internally inconsistent and evasive responses.” In their final point, the board members also “determined that [he] is susceptible to reengagement given his prior motivations for fighting and his inability to convey a change of mindset.”

In the third decision, taken on March 30, but only made public around May 26, the board upheld the ongoing imprisonment of Sharqawi Abdu Ali Al Hajj (ISN 1457), a Yemeni long regarded as a facilitator for al-Qaeda.

In making their determination, the board members stated that they had “considered [his] history as a career jihadist, to include acting as a prominent financial and travel facilitator for al-Qa’ida, and his close ties to Usama Bin Laden and Khalid Shaykh Muhammad.” They also noted their “inability to determine the credibility of [his] claims of a change in his extremist mindset due to his refusal to fully answer questions about pre-detention activities and motivations,” and “also considered [his] recent statements in support of extremism and that [his] age, health, and length of detention do not sufficiently mitigate his current threat level.” In conclusion, however, the board members “encourage[d] further compliance” and stated that they look forward to “hearing details regarding [his] activities and associations between his time in Bosnia and his capture.”

One more decision following a second full review has yet to be taken — in the case of Omar al-Rammah (ISN 1017), a Yemeni seized in Georgia in 2002, who has only recently managed to get in touch with his family. His review took place on February 9, and it is not known why it is taking so long for a decision to be announced, although it is difficult not to conclude that it is because the board members could not reach a unanimous decision. Al-Rammah, as I have previously noted, was seized by Russian forces and apparently sold to the US, and he appears to have only been connected wth the conflict in Chechnya and not to have had anything whatsoever to do with al-Qaeda.

In addition, two more file reviews — the purely administrative six-month reviews —  have reached decisions in the last three weeks, upholding the imprisonment of Mohammed Ahmad Rabbani (ISN 1461), one of two Pakistani brothers alleged to have been al-Qaeda facilitators, and Hassan bin Attash (ISN 1456), the younger brother of the “high-value detainee” Walid bin Attash, who is one of five men facing a trial for their alleged involvement in the 9/11 attacks. Hassan bin Attash was just 17 when he was seized in Pakistan and sent to Jordan for torture.

Two more file review decisions have yet to be taken — in the cases of Suhayl Abdul Anam al Sharabi (ISN 569), reviewed on April 19, and Khalid Ahmed Qasim (ISN 242), reviewed on May 24 — and Sanad Ali Yislam Al Kazimi (ISN 1453) is having a file review tomorrow, May 31.

Conclusion

In conclusion, it is important to note that an unfortunate by-product of the PRBs failing to approve anyone for release since Donald Trump took office is to create the impression that indefinite imprisonment without charge or trial is somehow acceptable, when, of course, that is completely untrue, and it is thoroughly depressing that, over 15 years after Guantánamo opened, the fundamental crime of its founders remains intact — the dangerous and mistaken suggestion that, in a country that claims to respect the rule of law, prisoners can be held indefinitely without either being charged and tried in federal court or held as prisoners of war with the protections of the Geneva Conventions.

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.

Under Trump, Periodic Review Boards Continue at Guantánamo, But At A Glacial Pace

A collage of images of Donald Trump and Guantanamo on its first day back in January 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 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.

Since taking office nearly four months ago, Donald Trump has threatened much, but delivered little on Guantánamo. Leaked draft executive orders showed him wanting to revive the use of torture and to set up new CIA “black sites,” as well as sending captured Islamic State fighters to Guantánamo, but it seems that wiser heads talked him down. There was a deluge of open criticism about his torture plans, including from the CIA and some of his own appointees for senior government roles, and while the plan to bring IS members to Guantánamo didn’t become a headline issue, it seems certain that, behind the scenes, sober advisers told him that he would need a new military authorization to do so, and, in any case, the best venue for prosecuting alleged terrorists is in federal court.

Nevertheless, Trump has failed to release anyone from Guantánamo, despite holding five men approved for release under Barack Obama out of the 41 men still held. Just ten are facing, or have faced trials, while the 26 others are eligible for Periodic Review Boards, a process that was first dreamt up in the early months of Obama’s presidency, but that only began in November 2013.

A high-level review process consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, the PRBs were set up as a parole-type process to review the cases of men regarded by the previous review process — 2009’s Guantánamo Review Task Force — as being too dangerous to release, even though the task force members also conceded that insufficient evidence existed to put them on trial, meaning that the so-called evidence was unreliable.  Read the rest of this entry »

Afghan Money Exchanger Approved for Release from Guantánamo; Former Child Prisoner and Pakistani Have Ongoing Imprisonment Upheld

Afghan prisoner Haji Wali Mohammed, in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

From November 2013 until last month, reviews — Periodic Review Boards — took place for 64 Guantánamo prisoners who had been assessed as “too dangerous to release” or eligible for prosecution by the previous review process, conducted by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009.

The PRBs — consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — have so far delivered 57 decisions, approving 34 men for release, while upholding the ongoing imprisonment of 25 others. Five decisions have yet to be taken in the process, which is similar to parole, although with one obvious difference— none of the men at Guantánamo have been tried or convicted. Like parole, however, the PRBs require them to show remorse, and to demonstrate that they would establish peaceful and constructive lives if released.

The success rate in the PRBs to date — 58% — confirms that the decisions in 2009 demonstrated unnecessary caution on the part of the officials who made up the Guantánamo Review Task Force. For further details, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website that I established in January 2012 with the US attorney Tom Wilner. Read the rest of this entry »

Long-Term Hunger Striking Pakistani Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at the legal action charity Reprieve.

Please support my work! I’m currently trying to raise $3000 (£2250) to support my writing and campaigning on Guantánamo for the next three months.

 

On September 1, Ahmed Rabbani (ISN 1461), a Pakistani prisoner at Guantánamo (also identified as Ahmad Rabbani, and known to the the US authorities as Mohammed Ahmed Ghulam Rabbani), became the 63rd — and penultimate — prisoner to face a Periodic Review Board. A long-term hunger striker, he was described as looking “frail” by Courthouse News, which also noted that he “has a long, thick black beard and wore a white covering on his head,”, and that, “Leaning forward with his arms folded on the table in front of him during the hearing, [he] seemed slight, especially when he raised his arm and the sleeve of the loose, white shirt he wore slid down his thin bicep.”

Seized in Karachi, Pakistan on September 9, 2002, with his brother Abdul Rahim, whose PRB took place on July 7, he was regarded as an al-Qaeda facilitator, and was held and tortured in CIA “black sites” for two years, before arriving at Guantánamo with nine other allegedly “medium-value detainees” in September 2004. The US still regards him as an al-Qaeda supporter, although his lawyers argue that he is a case of mistaken identity, and that he wishes only to be reunited with his family and live in peace.

The Periodic Review Boards, as I explained at the time of Abdul Rahim’s review, “were set up in 2013 to review the cases of all the men not already approved for release or facing trials. These men were described by the government task force that reviewed their cases in 2009 as ‘too dangerous to release,’ despite a lack of evidence against them, or were recommended for prosecution, until the basis for prosecution largely collapsed. The PRBs have been functioning like parole boards, with the men in question — 64 in total — having to establish, to the satisfaction of the board members, made up of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, that they show remorse for their previous actions, that they bear no ill-will towards the US, that they have no associations with anyone regarded as being involved in terrorism, and that they have plans in place for their life after Guantánamo, preferably with the support of family members.” Read the rest of this entry »

Algerian Approved for Release from Guantánamo, As Three Other Men Have Their Ongoing Imprisonment Upheld

Sufyian Barhoumi, in a photo taken at Guantanamo in 2009 by representatives of the International Committee of the Red Cross, and made available by his family.In the last three weeks, six Periodic Review Boards have taken place at Guantánamo, in which prisoners recommended for ongoing imprisonment by a high-level task force six years ago are being given a parole-like opportunity to plead for their release. I’ll be writing about those reviews soon, but before I do so I’d like to sum up four other decisions taken over this same period —  one decision to approve a prisoner for release, and three others upholding prisoners’ ongoing detention. 62 reviews have now taken place, since the PRBs began in November 2013, and out of those reviews 33 men have been recommended for release, 19 have had their ongoing imprisonment upheld, and ten decisions have yet to be taken. Two final reviews are taking place in the next two weeks.

The man whose release was approved is Sufyian Barhoumi (ISN 694), an Algerian, born in July 1973, whose PRB took place on May 26. Seized in a house with the “high-value detainee’ Abu Zubaydah, whose review also took place recently, Barhoumi was alleged by the US authorities to have been a bomb-maker, and had been put forward for a trial by military commission under President Bush, although the charges were later dropped.

For his PRB, however, his attorney, Shayana Kadidal of the Center for Constitutional Rights painted a compelling portrait of a ”natural diplomat,” popular with both his fellow prisoners and the guard force. As Kadidal put it, “I personally have never seen any other detainee treated by the guards as well as Barhoumi, even at times when relations between prisoners and the authorities were at a low point.” He added, “If the language barrier is one of the greatest causes of misunderstandings and conflict at GTMO, he’s used his language skills to help both prisoners and guards quash problems before they grew too big to tame. It has not gone unappreciated by either group.” Read the rest of this entry »

Penitent Pakistani Seeks Release from Guantánamo, as Two Yemenis and a Moroccan are Approved for Release and an Algerian’s Request is Denied

Pakistani prisoner Abdul Rahim Ghulam Rabbani, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.On July 7, a Periodic Review Board took place for Abdul Rahim Ghulam Rabbani (also identified for the PRB as Abdul Rabbani Abu Rahmah), a Pakistani prisoner at Guantánamo (born in Saudi Arabia) who was seized in Karachi, Pakistan on September 9, 2002 and held and tortured in CIA “black sites” for two years, before arriving at Guantánamo with nine other allegedly “medium-value detainees” in September 2004. He was seized with his younger brother, Ahmad (aka Mohammed), who is awaiting a date for his PRB, and who, last year, sought assistance from the Pakistani government in a submission to the Pakistani courts.

The PRBs were set up in 2013 to review the cases of all the men not already approved for release or facing trials. These men were described by the government task force that reviewed their cases in 2009 as “too dangerous to release,” despite a lack of evidence against them, or were recommended for prosecution, until the basis for prosecution largely collapsed. The PRBs have been functioning like parole boards, with the men in question — 64 in total — having to establish, to the satisfaction of the board members, made up of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, that they show remorse for their previous actions, that they bear no ill-will towards the US, that they have no associations with anyone regarded as being involved in terrorism, and that they have plans in place for their life after Guantánamo, preferably with the support of family members.

Around the time of Abdul Rahim Ghulam Rabbani’s PRB, which is discussed at length below, four decisions were also taken relating to prisoners whose reviews had already taken place, when three men were approved for release, and one had his request to be released turned down. These decisions meant that, of the 52 prisoners whose cases had been reviewed, 27 have been approved for release, 13 have had their ongoing imprisonment recommended, and 12 decisions have yet to be made. 11 more reviews have yet to take place (and one took place last week, which I’ll be writing about soon). See here for my definitive Periodic Review Board list on the website of the Close Guantánamo campaign that I co-founded with the US attorney Tom Wilner, and that I have been running since 2012. Read the rest of this entry »

Saifullah Paracha, 68-Year Old Pakistani Businessman, Has His Ongoing Imprisonment at Guantánamo Approved

Guantanamo prisoner Saifullah Paracha, in a photo taken several years ago by representatives of the International Committee of the Red Cross. He is wearing white, clothing reserved for the most compliant prisoners.Bad news from Guantánamo for Saifullah Paracha, a Pakistani businessman, a victim of kidnap, extraordinary rendition and torture, and, at 68, the prison’s oldest prisoner, as his ongoing imprisonment has been recommended by a Periodic Review Board, following a hearing on March 8, which I wrote about here. The PRB process involves representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, and it was established in 2013 to review the cases of all the prisoners not already approved for release by President Obama’s  high-level, inter-agency Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, or facing trials (and just ten of the remaining 89 prisoners are in this latter category).

With this decision, 27 prisoners have had their cases decided, with 20 men approved for release, and just seven having their ongoing imprisonment approved. However, most of those approved for release were mistakenly described as “too dangerous to release” by the task force, while Paracha is from a smaller group of men initially recommended for prosecution until the basis for prosecutions largely collapsed, and in that group his is the second application for release that has been turned down, with just one success to date.

I have never found the case against Paracha — that he worked with Al-Qaeda in a plot or plots relating to the US — to be convincing, as he lived and worked as a successful businessman in the US from 1970-86, appears to be socially liberal, and has been a model prisoner at Guantánamo, where he has helped numerous younger prisoners engage with the various review processes established over the years. When his PRB took place, the authorities described him as as “very compliant” with the prison guards, with “moderate views and acceptance of Western norms.” Read the rest of this entry »

Saifullah Paracha, Pakistani Businessman and “Very Compliant” Prisoner, Faces Guantánamo Review Board

A photo of Guantanamo prisoner Saifullah Paracha, taken by representatives of the International Committee of the Red Cross, and made available to his family.I wrote the following article — as “Guantánamo Review Board for Saifullah Paracha, Pakistani Businessman and ‘Very Compliant’ Prisoner, Kidnapped in Thailand in 2003” — 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 Saifullah Paracha, a Pakistani businessman, and, at 68 years of age, Guantánamo’s oldest current prisoner, became the 28th Guantánamo prisoner to have his potential release considered by a Periodic Review Board (see our full list here). This review process was set up in 2013 to review the cases of all the prisoners not facing trials (just ten men) or already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010, when almost two-thirds of the remaining prisoners — 156 out of 240 — were recommended for release, or, to use the task force’s careful wording, were “approved for transfer subject to appropriate security measures.”

Of the 28, five decisions have yet to be made, but of the 23 others the success rate for these men securing approval for their release is extremely high — 83% — with 19 men having their release recommended. What makes these decisions particularly important is that they puncture the rhetoric that has surrounded these men — both under George W. Bush, with the glib dismissal of everyone at Guantánamo as “the worst of the worst,” and under Barack Obama, with his task force’s conclusion (more worrying because of its veneer of authority) that 48 of those eligible for PRBs were “too dangerous to release,” even though it was also acknowledged that insufficient evidence existed to put them on trial; in other words, that it was not reliable evidence at all.

In attempting to justify its decisions, the task force noted that its members had relied on “the totality of available information — including credible information that might not be admissible in a criminal prosecution — [which] indicated that the detainee poses a high level of threat that cannot be mitigated sufficiently except through continued detention.” Read the rest of this entry »

90-Pound Guantánamo Hunger Striker Appeals in Court for Assistance from Pakistani Government

Guantanamo prisoner Ahmad Rabbani in a photo made available by his lawyers at the legal action charity Reprieve.On April 14, lawyers for Ahmad Rabbani (aka Mohammed Ahmad Ghulam Rabbani), one of the last few Pakistani prisoners in Guantánamo, “filed an emergency application with the Islamabad High Court, demanding that the Pakistani government intervene immediately in his case,” as the legal action charity Reprieve (which represents Mr. Rabbani) explained in a press release.

The filing notes that Mr. Rabbani “has been unlawfully captured and later on illegally detained, without a charge or notification of any pending or contemplated charges against him since 2001,” and that he “has been repeatedly tortured and subjected to cruel, inhumane and degrading treatment as a result of gross and flagrant violation of national and international law.” The lawyers added that his  “unfortunate torture … still continues.”

In addition, the lawyers stated that Mr. Rabbani’s case “involves a matter of urgency, as the fundamental rights, life, health, liberty and dignity of a man, who has been unlawfully detained, admittedly on mistaken identity, without a due process of law or fair trial guarantees, is at stake.” They added, “The ongoing torture, humiliation and deterioration of health of a Pakistani citizen, who has a right over the state institutions to protection of his life, dignity and liberty requires this case to be heard on an urgent basis.” Read the rest of this entry »

Two Long-Term Yemeni Prisoners Repatriated from Bagram; Are Guantánamo Yemenis Next?

Last week there was some good news from Bagram, in Afghanistan, bringing one of the many long injustices of the “war on terror” to an end, when Amin al-Bakri and Fadi al-Maqaleh, two Yemenis held without charge or trial since 2002 and 2003 respectively, were repatriated.

Al-Bakri, who is 44 or 45 years old and has three children, was a shrimp merchant and gemstone dealer, and was seized in Thailand on a business trip. Al-Maqaleh, who is 30 years old, was held at Abu Ghraib prison in Iraq before being transferred to Bagram. The site of America’s main prison in Afghanistan from 2002 until its handover to the Afghan authorities in March 2013, Bagram (renamed the Parwan Detention Facility in 2009) also housed a secret CIA prison where al-Bakri and al-Maqaleh were held, and they continued to be held in a secretive US facility that was part of the Bagram/Parwan complex after the handover of Bagram to the Afghan government. According to the International Justice Network, which represents both men, they were also held in other “black sites” prior to their arrival at Bagram.

The men’s release follows years of legal wrangling. Despite official silence regarding the stories of the men held in Bagram’s “black site,” lawyers managed to find out about a number of the men held, including al-Bakri and al-Maqaleh, in part drawing on research I had undertaken in 2006 for my book The Guantánamo Files. Habeas corpus petitions were then submitted, for the two Yemenis, and for a Tunisian named Redha al-Najar, seized in Karachi, Pakistan in 2002, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates, also in 2002. Read the rest of this entry »

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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.
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