The Absurdity of Guantánamo: As US Prepares to Release Ahmed Al-Darbi in Plea Deal, Less Significant Prisoners Remain Trapped Forever

The sign and flags at Camp Justice, Guantanamo, where the military commission trials take place.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.

In the long and cruel history of Guantánamo, a major source of stress for the prisoners has been, from the beginning, the seemingly inexplicable release of prisoners who constituted some sort of a threat to the US, while completely insignificant prisoners have languished with no hope of release.

In the early days, this was because shrewd Afghan and Pakistani prisoners connected to the Taliban fooled their captors, who were too arrogant and dismissive of their allies in the region to seek advice before releasing men who later took up arms against them. Later, in the cases of some released Saudis, it came about because the House of Saud demanded the release of its nationals, and the US bowed to its demands, and in other cases that we don’t even know about it may be prudent to consider that men who were turned into double agents at a secret facility within Guantánamo were released as part of their recruitment — although how often those double agents turned out to betray their former captors is unknown.

Under President Obama, an absurd point was reached in 2010, when, after Congress imposed onerous restrictions on the release of prisoners, the only men freed were those whose release had been ordered by a judge (as part of the short-lived success of the prisoners’ habeas petitions, before politicized appeals court judges shut down the whole process) or as a result of rulings or plea deals in their military commission trials. Just five men were freed in a nearly three-year period from 2010 to 2013 — with former child prisoner Omar Khadr, low level al-Qaeda assistant Ibrahim al-Qosi, and military trainer Noor Uthman Muhammed all released via plea deals — as President Obama sat on his hands, and refused to challenge Congress, even though a waiver in the legislation allowed him to bypass lawmakers if he wished. Read the rest of this entry »

Six Months of Trump: Is Closing Guantánamo Still Possible?

A collage of Donald Trump and the sign for Camp Delta at Guantanamo Bay.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.

Just a few days ago, we passed a forlorn milestone: six months of the presidency of Donald Trump. On every front, this first six months has been a disaster. Trump humiliates America on the international stage, and at home he continues to head a dysfunctional government, presiding by tweet, and with scandal swirling ever closer around him.

On Guantánamo, as we have repeatedly noted, he has done very little. His initial threats to send new prisoners there, and to revive CIA “black sites,” have not materialized. However, if he has not opened the door to new arrivals, he has certainly closed the door on the men still there.

These include, as Joshua A. Seltzer, the senior director for counterterrorism at the National Security Council from 2015 until Trump took office, wrote in “Is Closing Guantánamo Still Conceivable?,” a recent article for the Atlantic, “the five still held at Guantánamo despite being recommended for transfer.” He added, “This official designation refers to those still believed to be lawfully detained under the law of war, but unanimously recommended for repatriation or resettlement by an interagency group of career officials. In other words, their continued detention has been deemed unnecessary, assuming an appropriate country can be identified to accept them under conditions that ensure their humane treatment and address any lingering threat they might pose.” Read the rest of this entry »

For Witness Against Torture, My Independence Day Article About Tyranny at Guantánamo Bay

A screenshot of my article for Witness Against Torture on US Independence Day 2017.

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.

 

For the last 41 days, my friends with Witness Against Torture — an organization of volunteer activists, founded in 2005, which “seeks to end torture worldwide, close the Guantánamo detention center, and seek reparations for torture victims” — have been running a campaign, “Forever Human Beings,” which I wrote about when their campaign started. the 41 days chosen for the campaign — from May 26 to July 5 — was chosen to reflect the number of prisoners still held at Guantánamo, and every day they highlighted the story of one particular prisoner.

To coincide with the end of their campaign — and US Independence Day — I wrote an article for Witness Against Torture about the significance of Guantánamo on the day that ordinary Americans celebrate their liberation from tyranny; this year, the 241st anniversary of the new nation’s freedom from the tyranny of King George III in 1776.

Ironically, however, those celebrating, for the most part, are unaware or unwilling to think of the uncomfortable fact that, at Guantánamo, a version of that same tyranny still exists, set up by the very government that is supposed to make sure that the kind of tyranny overthrown in 1776 can never happen again — specifically, imprisonment without charge or trial, which is supposed to be something that countries that claim to be civilized, and that claim to respect the rule of law, condemn without reservation. Read the rest of this entry »

Please Read My New Article for Al-Jazeera About the Five Men Still Held at Guantánamo Who Were Approved for Release Under Obama

A screenshot of my latest article for Al-Jazeera on June 30, 2017.Dear friends and supporters — and any casual passers-by,

I’m delighted to announce that my latest article for Al-Jazeera, Abdul Latif Nasser: Facing life in Guantánamo, has just been published, and I encourage you to read it, and to share it as widely as possible if you find it useful.

In it, I look at the cases of the five men still held at Guantánamo who were approved for release under President Obama, but who didn’t make it out before Donald Trump took over, with a particular focus on Abdul Latif Nasser, a Moroccan whose government sought his release, but failed to get the paperwork to the US authorities in time. I also look at the cases of Sufyian Barhoumi, an Algerian, and Tawfiq al-Bihani, a Yemeni. The two other men, sadly, don’t wish to have their cases discussed.

It’s important for these men’s cases to be remembered, because, although Donald Trump has not followed up on threats he made after taking office to send new prisoners to Guantánamo and to reintroduce torture, he has effectively sealed the prison shut for the last five months, releasing no one, and showing no signs of wanting to release anyone, and those of us who care about the ongoing injustice of Guantánamo must continue to do what we can to bring this deplorable state of affairs to an end. Read the rest of this entry »

On the International Day in Support of Victims of Torture, It’s Time for Someone to Leak the Whole of the US Senate Torture Report

The cover of a version of the executive summary of the Senate torture report, made publicly available in December 2014.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.

 

Today is an important day — 30 years since the entry into force of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and 20 years since the establishment, on that anniversary, of the International Day in Support of Victims of Torture, and to mark the occasion it would be wonderful if someone in the huge, sprawling organization that is the United States government would release — leak, if you prefer — the full Senate Intelligence Committee Study on CIA Detention and Interrogation Program.

The report took five years to compile, contains 6,700 pages, and cost $40m, and it was approved for publication by the committee members on December 13, 2012, by nine votes to six, although it was not until December 9, 2014 that a partly-redacted 525-page document — the executive summary and certain key findings — was released. See Senator Dianne Feinstein’s page on the report for all the publicly available documents.

The executive summary was a profoundly shocking document, despite the redactions, and despite consisting of less than one-tenth of the total, as I explained at the time, when I wrote that the report found that: Read the rest of this entry »

In Ongoing Court Case, Spotlight On James Mitchell and Bruce Jessen, Architects of the Brutal, Pointless CIA Torture Program

Bruce Jessen (left) and James Mitchell (right), the US psychologists who were the architects of the post-9/11 torture program.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues — including the US torture program — over the next three months of the Trump administration.

Today is the International Day in Support of Victims of Torture, which commemorates the entry into force, on June 26, 1987, of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the US is a signatory).

 

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.

Here at “Close Guantánamo,” we have always been concerned not only with closing Guantánamo for good, and seeking justice for anyone put forward for a trial, but also with accountability.

We believe that those who authorized the defining characteristics of the “war on terror” declared after the terrorist attacks of September 11, 2001 — a global program of kidnapping and torture, and, at Guantánamo, indefinite imprisonment without charge or trial — must one day be held accountable for their actions.

Unfortunately, even before President Obama took office, he expressed “a belief that we need to look forward as opposed to looking backwards,” adding that part of his job was “to make sure that, for example, at the CIA, you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got spend their all their time looking over their shoulders.” Read the rest of this entry »

Two Guantánamo Cases Make It to the Supreme Court; Experts Urge Justices to Pay Attention

Ali Hamza al-Bahlul and Abd al-Rahim al-Nashiri, Guantanamo prisoners who have submitted petitions to the Supreme Court.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.

Even before the Bush administration set up its “war on terror” prison at Guantánamo Bay, Cuba, legal experts were profoundly alarmed by proposals for how those seized as alleged terrorists would be tried. On November 13, 2001, President Bush signed a military order prepared by Vice President Dick Cheney and his senior lawyer, David Addington, which authorized the use of military commissions to try prisoners seized in the “war on terror,” preventing any prisoner from having access to the US courts, and authorized indefinite detention without due process.

Under the leadership of Michael Ratner at the New York-based Center for Constitutional Rights, lawyers prepared to challenge the proposals in the military order in the courts. The stripping of the prisoners’ habeas corpus rights and the prevention of their access to the courts eventually made it to the Supreme Court in June 2004, when, in Rasul v. Bush, the Court, for the first time ever in wartime, ruled against the government, granting the prisoners habeas corpus rights.

Lawyers were allowed into Guantánamo, piercing the veil of secrecy that had allowed a regime of torture and abuse to thrive unmonitored, although President Bush immediately persuaded Congress to pass new legislation that again stripped the prisoners of their habeas rights. Further legal struggles then led to habeas rights being reintroduced in another Supreme Court case, Boumediene v. Bush, in June 2008. Read the rest of this entry »

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. Read the rest of this entry »

Prior to Chelsea Manning’s Release on Wednesday, Here’s What She Wrote to President Obama

Free Chelsea Manning posters, via torbakhopper on Flickr.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.

 

This Wednesday, May 17, Chelsea Manning — formerly known as Bradley Manning — will be released from prison, in Fort Leavenworth, Kansas, where she has been held for the last seven years. her role as a whistleblower was immense. As a private, she was 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. See my archive of articles based on those files here.

By that time, Manning was already in US custody in a military brig in Quantico, Virginia, which I first wrote about in December 2010, in an article entitled, Is Bradley Manning Being Held as Some Sort of “Enemy Combatant”? I continued to follow her story closely into 2011 (see here and here), which included President Obama’s indifference to criticism by the United Nations, and when Manning’s trial finally took place, in 2013, I made a particular point of dealing with those parts of the trial in which the significance of the Guantánamo files was examined.

As I stated just before the trial began, “Bradley’s key statement on the Guantánamo files is when he says, ‘the more I became educated on the topic, it seemed that we found ourselves holding an increasing number of individuals indefinitely that we believed or knew to be innocent, low-level foot soldiers that did not have useful intelligence and would’ve been released if they were held in theater.’” Read the rest of this entry »

Shutting the Door on Guantánamo: The Significance of Donald Trump’s Failure to Appoint New Guantánamo Envoys

Sunrise at Camp Delta, Guantanamo, August 14, 2016 (Photo: George Edwards).

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.

Last week, Vice News ran a noteworthy article, Trump hasn’t appointed anyone to keep track of released Guantánamo detainees, highlighting how the Trump administration’s lack of interest in understanding the nature of the prison at Guantánamo Bay is actually endangering national security.

As Alex Thompson reported, although Donald Trump “has vowed to take the detention center at Guantánamo Bay and fill it with ‘some bad dudes,’ … he hasn’t yet filled the top two positions in the federal government specifically tasked with overseeing the over 700 former detainees who’ve already been released to ensure they do not become security threats.”

Under President Obama, the job of monitoring former prisoners and “coordinating their transitions to civilian life” was largely fulfilled by “two small special envoy offices”: “one at the Department of Defense that reviews detainees considered for release and then tracks the intelligence community’s reports on them, and one at the State Department that helps coordinate communication between detainees and their lawyers, host-country governments, US embassies, and the Department of Defense.” 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 CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Four Fathers 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