16 Years Ago, the US Captured Abu Zubaydah, First Official Victim of the Post-9/11 Torture Program, Still Held at Guantánamo Without Charge or Trial

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 2013.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.

16 years ago, on March 28, 2002, an event took place that has had dreadful repercussions ever since, when Pakistani and American agents raided a house in Faisalabad, Pakistan and captured Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), creating a torture program especially for him, which was then applied to dozens of other prisoners seized in the US’s brutal and pointless “war on terror.”

A Palestinian born in Saudi Arabia in 1971, Zubaydah had traveled to Afghanistan to join the mujahideen in the Afghan civil war (1989-1992) that followed the retreat of the Soviet Union after its ten-year occupation. In 1992, he was severely injured by an exploding mortar shell, suffering shrapnel wounds and severe memory loss. For over a year, he was also left unable to speak.

Although he eventually recovered sufficiently to become a logistician for Khalden, an independent training camp run by Ibn al-Shaykh al-Libi, which closed around 2000 when al-Libi refused to allow it to come under the control of Al-Qaeda, FBI agents who interviewed him after his capture had no doubt that the mortar damage had caused permanent damage. They also knew that he was a kind of travel agent for Khalden, and not number 3 in Al-Qaeda, as the CIA and the Bush administration mistakenly thought. (Al-Libi, meanwhile, tortured into telling lies that the US used to justify its illegal invasion of Iraq, was eventually returned to Libya, where Col. Gaddafi imprisoned him and later killed him). Read the rest of this entry »

In Guantánamo Habeas Corpus Case, Lawyers Insist That Trump’s Stated Intention of Not Releasing Any Prisoners Renders Their Imprisonment “Perpetual” — and Illegal

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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 January 11, the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 prisoners still held submitted a habeas corpus petition to the District Court in Washington, D.C., arguing, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR’s press release also stated that the lawyers’ filing “argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly.” The lawyers added that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

In an article marking the submission of the habeas petition, I explained that the eleven men whose lawyers submitted the petition are “Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.” Read the rest of this entry »

Trapped in Guantánamo: Haroon Gul, a Case of Mistaken Identity Silenced By Donald Trump

Guantanamo prisoner Haroon Gul photographed before his capture. Photo provided by Shelby Sullivan-Bennis.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.

 

To Donald Trump, with his simplistic and wrong-headed approach to the prison at Guantánamo Bay, none of the 41 men still held should ever be released, and, if he were to get his way, new prisoners would be added to the prison’s population.

Blinded by a deep-seated racism, and supported by officials and lawmakers who continue to be driven by a ferocious spirit of vengeance, 16 and a half years after the terrorist attacks of September 11, 2001, Mr. Trump fails to understand that most of the men held at Guantánamo are not, and never were “the worst of the worst,” and fails to understand that holding anyone indefinitely without charge or trial, as it the case for the majority of the prisoners, is a fundamental and profound betrayal of the respect for the rule of law that was supposed to underpin the very creation of the United States of America, 242 years ago this July.

Of the 41 men still held, just seven are facing trials — or, to be more accurate, are caught up in seemingly interminable pre-trial hearings, with one having recently had his trial indefinitely halted by his judge — and with one other man, Ali Hamza al-Bahlul, having been convicted in 2008 (although most elements of his conviction have since been overturned). Two others have agreed to plea deals, one of whom was supposed to have been repatriated to continuing imprisonment in Saudi Arabia last month.  Read the rest of this entry »

The Hideous Pointlessness of Donald Trump’s Executive Order Keeping Guantánamo Open

Images of Donald Trump and Guantanamo.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.

 

Reading Donald Trump’s pompously-entitled “Presidential Executive Order on Protecting America Through Lawful Detention of Terrorists,” which officially keeps the prison at Guantánamo Bay open, reversing a policy of closing it that was held by both of his predecessors, Barack Obama, and, in his second term, George W. Bush, is to step back in time to when Bush and his administration sought to defend their lawless escapade — back in his first term, before the novelty soured.

Straight after the 9/11 attacks, in the Authorization for Use of Military Force (AUMF), Congress authorized 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, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

That document underpins the detention of prisoners at Guantánamo, a detention power the Supreme Court defended in June 2004, in Hamdi v. Rumsfeld, approving imprisonment until the end of hostilities for the men held at Guantánamo, and, as I have frequently noted, essentially setting up, as a result, a parallel version of the Geneva Conventions, a bizarre development without precedent. Read the rest of this entry »

Good News: Court Orders Trump Administration to Explain Its Position on Guantánamo After A Year of Shocking Inaction

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

Two and a half weeks ago, on the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 men still held at Guantánamo, from the Center for Constitutional Rights, Reprieve, and other legal firms, filed a habeas corpus lawsuit with the District Court in Washington, D.C., in which, as I explained in an article at the time, drawing on a CCR press release:

[I]t “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

Read the rest of this entry »

Please Write to the Guantánamo Prisoners, Forgotten Under Donald Trump

Photos of some of the Guantanamo prisoners, included in the classified military files released by WikiLeaks in 2011.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.

 

Back in June 2010, prompted by two Muslim activist friends in the UK, who had initiated a project to get people to write to the prisoners still held in the prison at Guantánamo Bay, I followed their lead, publishing an article similarly urging people to write to the men still held — 186 at the time. I then repeated the process in June 2011, and then every six months or so until July 2015, with two further calls in 2016, the last being in the dying weeks of the Obama presidency.

Over a year later, and with just four days remaining until the 16th anniversary of the opening of Guantánamo, I thought this was a good time to call for the first time for a letter-writing campaign under Donald Trump, who, of course, will have been in office for a year on January 20. Trump started his presidency threatening to send new prisoners to Guantánamo, but although he has not made good on his unacceptable, belligerent threat, he has, nevertheless, effectively sealed Guantánamo shut, refusing to contemplate releasing any of the prisoners still held, even those previously approved for release but still held.

At the time of my last appeal, 59 men were still held, but another 18 were freed by Obama before he left office, leaving 41 men held under Donald Trump. Five of these men were approved for release by high-level government review processes during Obama’s presidency, and just ten of them are facing or have faced trials, with the other 26 continuing to be officially held indefinitely without charge or trial, subject to a review process, the Periodic Review Boards, that led to 38 of their fellow prisoners being approved for release (of whom 36 were released) in Obama’s last years on office, but which has, in their case, failed to remove them from the legal limbo in which they continue to languish. Read the rest of this entry »

Guantánamo Lawyer: It is “Entirely Unprecedented” for Trump to “Take the Position That There Will Be No Transfers out of Guantánamo Without Regard to the Facts”

Abdul Latif Nasser and Sufyian Barhoumi, two of the five prisoners still held at Guantanamo who were approved for release by high-level government review processes under President Obama.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.

 

Just before Christmas, in an article entitled, “Men due to leave Gitmo under Obama seem stuck under Trump,” the Associated Press shone a light on the plight of five men approved for release from Guantánamo by high-level US government review processes under President Obama, but who were not released before Donald Trump took office. I wrote about these men for Al-Jazeera in June, in an article entitled, “Abdul Latif Nasser: Facing life in Guantánamo,” but it was excellent to see an update from the AP, because there has been no progress from Trump, who, while not following up on his ill-considered urges to expand the use of the prison, has effectively sealed it shut, showing no sign that he has any desire to follow up on the decisions to release these five men by freeing them.

In my article in June, I focused in particular on the case of Abdul Latif Nasser, a Moroccan prisoner who was approved for release in July 2016 by a Periodic Review Board, a parole-type process set up in 2013 by President Obama to assess the cases of men previously regarded as legitimate candidates for indefinite detention without charge or trial. They had been regarded as “too dangerous to release” by a previous review process, the Guantánamo Review Task Force, which met once a week throughout 2009, although the officials responsible for the PRBs also conceded that insufficient evidence existed to put them on trial, a tacit admission that the evidence itself was profoundly untrustworthy. This was definitively established by the PRB process between 2013 and 2016, when 64 men had their cases reviewed, 38 were approved for release, and all but Nasser, and an Algerian, Sufyian Barhoumi, were freed.

As I explained in my article in June, Nasser missed being released by just eight days, because the Moroccan government only notified the US that it would accept his repatriation on December 28, 2006, 22 days before Obama left office, but 30 days’ notification is required by Congress before any prisoner can be freed. Read the rest of this entry »

Guantánamo’s Oldest Prisoner Calls Conditions “Hell,” Says, “We Are Getting Collective Punishment Because of the Hunger Strike”

Guantanamo prisoner Saifullah Paracha in an updated photo taken by representatives of the International Committee of the Red Cross and provided to his family, who made it public.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.

 

The horrors of Guantánamo — ever present in a prison where men have been held for nearly 16 years without ever being charged with a crime, and with no notion of when, if ever, they will get to leave — seem to be being ramped up under Donald Trump, as we might have suspected from his aggressive stance towards the prison and the men held there, even before he took office in January, and from witnessing his racism, and glimpsing the violence that permanently seems to lurk beneath his blubbery exterior.

Despite threats to send new prisoners to Guantánamo — threats which have not, mercifully, transpired — Trump did nothing in his first eight months regarding the prison except shutting the door on it and refusing to contemplate releasing anyone, even the five men — out of the 41 still held — who were approved for release by high-level government review processes under President Obama.

Two months ago, however, according to hunger striking prisoners, whose story I reported before the mainstream media took an interest, Trump finally made his influence felt, changing the rules about the way they are treated. For over ten years, hunger striking prisoners were closely monitored, but now, according to those refusing food, new instructions, initiated from September 20 onwards, mean that they are no longer having their health assessed at all. Read the rest of this entry »

“When Will My Organs Fail? When Will My Heart Stop?”: Guantánamo Hunger Striker Khalid Qassim Fears Death Under Trump’s New Policy

Guantanamo prisoner Khalid Qassim (aka Qasim), in a photo from the classified military files released by WikiLeaks in 2011.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.

 

It’s eleven days since prisoners at Guantánamo, represented by the human rights organization Reprieve, reminded a forgetful world of the never-ending injustice of the prison. Ahmed Rabbani, a Pakistani prisoner, and Khalid Qassim (aka Qasim), a Yemeni, both long-term hunger strikers, told their lawyers that, since September 20, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”

I wrote about the plight of the hunger strikers — and Donald Trump’s disturbing new policy — in an article last Saturday, but at the time the rest of the world’s mainstream media showed no interest in it. It took another four days for the New York Times to report on the story, and even then Charlie Savage accepted assurances from the US authorities that “an 11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect,” an assertion that I regard as untrustworthy, because the US military has a long track record of being untrustworthy when it comes to telling the truth about Guantánamo.

Last Thursday, Reprieve followed up on its initial reporting by securing an op-ed in Newsweek by Ahmed Rabbani, entitled, “Dear President Trump, Close Guantánamo Bay and Give Us a Fair Trial”, which I reported here, and on Friday the Guardian gave Khalid Qassim the opportunity to comment. His article, “I am in Guantánamo Bay. The US government is starving me to death,” is cross-posted below, and I hope you have time to read it, and will share it if you find it useful. Read the rest of this entry »

Guantánamo Hunger Striker Ahmed Rabbani, Left to Die by Trump, Calls for “Basic Justice – a Fair Trial or Freedom”

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at Reprieve, and taken before his weight dropped to under 100 pounds as a hunger striker.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.

 

It’s now nine days since the international human rights organization Reprieve issued a shocking press release, explaining that two clients at Guantánamo, the Pakistani Ahmed Rabbani, and Khalid Qassim (aka Qasim), a Yemeni, both hunger striking to protest about the injustice of their seemingly endless imprisonment without charge or trial, had told them that, since September 20, following new instructions from Donald Trump, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”

I immediately wrote an article about the news, and was, frankly, astonished that it took another four days for the mainstream media to respond — and when that happened, it was just the New York Times paying attention, and, to my mind, giving too much credibility to the authorities, via a spokesman who claimed that the military’s “11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect.” Given the lies we have heard from the military at Guantánamo over the years, I asked, in an analysis of the New York Times article, why we should trust them.

Expanding on the story further, Reprieve, on Thursday, secured coverage in Newsweek — a description of the current situation, made in a phone call to Clive Stafford Smith, the founder of Reprieve, by Ahmed Rabbani, who has been at Guantánamo, without charge or trial, for just over 12 years, and who, before that, was held and tortured for 545 days in CIA “black sites” including the disgusting “black site” in Afghanistan, codenamed COBALT, which was known to the prisoners as the “dark prison.” 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

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer The Four Fathers Torture UK austerity UK protest US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo