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 »

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 »

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 »

After Four-Year Legal Struggle, Judges Support Government Claims That Videotapes of Force-Feeding at Guantánamo Must Remain Secret

A restraint chair at Guantanamo, used to force-feed prisoners (Photo by Jason Leopold).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.

 

On Friday, in the appeals court in Washington, D.C., judges appear to have brought to an unsatisfactory end a four-year struggle to make public videotapes of prisoners at Guantánamo — and specifically Jihad Dhiab (aka Diyab), a Syrian, also known as Abu Wa’el Dhiab — being force-fed and violently extracted from their cells.

The case, as explained in a detailed timeline on the website of Reprieve, began in June 2013, during the prison-wide hunger strike that year, which attracted international opposition to President Obama’s lack of activity in releasing prisoners and working towards fulfilling the promise to close the prison that he made on his second day in office in January 2009.

I also covered the case extensively at the time — see my archive here, here, here and here (which included Dhiab’s release to Uruguay and subsequent struggle to adapt to his new life), ending with an appeal court ruling in May 2015, when the D.C. Circuit Court refused to accept an appeal by the government arguing against the release of the videotapes, and a rebuke to the government in July 2015, by Judge Gladys Kessler in the federal court, who had initially ordered the release of the tapes, and who “ordered the government to stop wasting time with ‘frivolous’ appeals against her rulings,” and to release the tapes. Read the rest of this entry »

It’s Groundhog Day: Lawyer Clive Stafford Smith Reports from Guantánamo After 70 Days of Trump’s Presidency

The concrete drums at Guantanamo featuring the words "Honor Bound", by the photographer Eugene Richards from a set of photos he took at Guantanamo in 2013.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.

Yesterday, March 30, marked 70 days since Donald Trump became president, and we hope you’ll join us in our photo campaign. On the day of Trump’s inauguration, we set up a page on the Close Guantánamo website featuring photos of supporters holding posters asking Donald Trump to close the prison, and, to join us, please print off a poster, take a photo with it, and send it to us.

Since Trump took office, there have been disturbing suggestions of new activities regarding Guantánamo, although nothing has yet come to fruition. A week after his inauguration, as I wrote about in an article entitled, Donald Trump Proposes to Keep Guantánamo Open, to Prevent Further Releases, and to Reintroduce Torture and “Black Sites”, a draft executive order was leaked, revealing that he intended not only to keep Guantánamo open, but also to send new prisoners there, and to “suspend any existing transfer efforts pending a new review as to whether any such transfers are in the national security interests of the United States.”

Trump also intended to reinstate torture and the use of CIA “black sites,” but immediately faced a huge backlash from the intelligence agencies, from lawmakers, and even from his own appointment as defense secretary, retired general James Mattis. In early February, another draft executive order was leaked, in which all mention of torture and “black sites” was dropped, and the focus shifted to a proposal to bring Islamic State prisoners to Guantánamo. Read the rest of this entry »

Who Are the Ten Guantánamo Prisoners Released in Oman, Leaving 45 Men Still Held, Including Nine Approved for Release?

The ten prisoners released from Guantanamo on Jan. 16, 2017. Top, from L to R: Abdul Zahir (Afghanistan) and the Yemenis Mohammed al-Ansi, Mohammed Ahmed Said Haidel (aka Muhammed Ahmad Said Haydar), Salman Yahya Hassan Mohammed Rabei’i and Musa’ab al-Madhwani (aka Musab Omar Ali al Madhwani). Bottom, from L to R: Bostan Karim (aka Karim Bostan) (Afghanistan) and the Yemenis Ghaleb al-Bihani, Mustafa al-Shamiri, Walid Said Bin Said Zaid and Hail al-Maythali (aka Hayil al-Maythali). All the photos are from the files leaked by Chelsea Manning and released by WikiLeaks in 2011 except the photo of al-Bihani, which was taken by the International Red Cross, and made available by his lawyers at the Center for Constitutional Rights.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo during the first two months of the incoming Trump administration.

 

So there was great news from Guantánamo on Monday, when ten men — eight Yemenis and two Afghans — were released and sent to Oman, which has previously taken in 20 Yemenis. The Yemenis have been the most difficult category of prisoners to be freed from Guantánamo, because the entire US establishment is unwilling to repatriate them, fearing the security situation in their home country, meaning that third countries must be found that are prepared to offer them a new home — and are prepared to overlook the fact that the US itself is unwilling to do that, and, in fact, that Congress has, for many years, passed laws specifically preventing any Guantánamo prisoner from being brought to the US mainland for any reason.

The ten releases leave 45 men still held at Guantánamo, with three or four more releases expected before President Obama leaves office on Friday, according to the latest reports. At present, however, nine men approved for release are still held, and the release of those left behind when Obama leaves the White House must be a priority for campaigners as soon as Donald Trump takes office.

Of the ten men released, two were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office, while the other eight were approved for release between May 2014 and December 2016 by Periodic Review Boards, another high-level, inter-agency review process, and one that campaigners must also press Donald Trump to keep. Read the rest of this entry »

Another Yemeni Approved for Release from Guantánamo: Did He Make the List of Prisoners Being Freed in the New Year?

Yemeni prisoner Mohammed al-Ansi, in a photo from the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $3000 (£2400) to support my writing and campaigning on Guantánamo into 2017.

 

Just before Christmas, it was announced that Mohammed al-Ansi aka Muhammad al-Ansi (ISN 029), a Yemeni prisoner at Guantánamo, had been approved for release by a Periodic Review Board. The decision made al-Ansi the 38th prisoner to be approved for release by a PRB, and the seventh to be approved for release not after a first review, but after a second review. The decision also means that, of the 59 men still held, 23 have been approved for release.

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 — were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials, and 64 men have had their cases reviewed, with just 26, to date, having their ongoing imprisonment upheld. That’s a success rate of 59% for the prisoners, which rather undermines the alleged basis of their ongoing imprisonment when the PRBs were set up.

41 of the 64 men had been described as “too dangerous to release” by the previous review process, the Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that there was insufficient evidence to put them on trial, while the 23 other men had been recommended for prosecution until the basis for prosecutions largely collapsed under judicial scrutiny. For further information, see my definitive Periodic Review Board list on the Close Guantánamo website. Read the rest of this entry »

Periodic Review Boards Approve Another Two Yemenis for Release from Guantánamo

Salman Rabei'i, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $3000 (£2400) to support my writing and campaigning on Guantánamo into the new year.

 

Attentive Guantánamo-watchers will recall that, in September, the first round of Periodic Review Boards was completed at Guantánamo, for prisoners assessed as being “too dangerous to release,” or as eligible for prosecution by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office for the first time in January 2009. For full details, see my definitive Periodic Review Board list on the Close Guantánamo website.

On both fronts, the decisions taken about these men back in 2009 were dubious. For those deemed “too dangerous to release,” the task force acknowledged that insufficient evidence existed to put them on trial, rather undermining the credibility of their assessment, because, if information cannot be produced at a trial, it is fundamentally unreliable and does not rise to the level of evidence — and with Guantánamo, of course, torture and abuse run through everything, distorting all manner of claims regarding the credibility of the US authorities’ information about the prisoners.

41 men put forward for the PRBs were regarded as “too dangerous to release,” while 23 others had been recommended for prosecution, until the basis for prosecutions at Guantánamo — in the much-criticized military commission system, dragged unwisely from the history books after 9/11 — largely collapsed as a result of a number of appeals court rulings, which overturned some of the few convictions secured in the commissions, on the basis that the war crimes for which the men in question had been convicted were not internationally recognized, and had, in fact, been invented by Congress. Read the rest of this entry »

Ask Your MP to Tell Boris Johnson to Demand the Release of UK Citizen Andy Tsege, Kidnapped and on Death Row in Ethiopia

Andy Tsege, photographed with his family before he was kidnapped and illegally imprisoned by the Ethiopian government in 2014.Please ask your MP to demand action from Boris Johnson in demanding Andy Tsege’s release.

Earlier this year, I had the pleasure of meeting Yemi Hailemariam, the partner of Andy Tsege (Andargachew Tsege), a prominent opponent of the Ethiopian government, who, as I explained when Yemi subsequently stood for a photo for the Countdown to Close Guantánamo, “was kidnapped” in Yemen “and rendered to Ethiopia on the command of the Ethiopian government” in June 2014, as his lawyers at Reprieve explained, adding that he was “held in secret detention and in solitary confinement for over a year, without access to any form of due process. He has been paraded on Ethiopian TV looking ill and gaunt. He was given an in absentia death sentence in 2009. He could be executed at any time.” Andy is pictured above, with Yemi and their three children.

I noted the above when I posted Yemi’s photo, back in May, at a time when the British government, with Phillip Hammond as foreign secretary, had refused to act decisively on Andy’s behalf. Since then, of course, David Cameron has resigned following the EU referendum debacle, Theresa May has become our new and unelected Prime Minister, and Hammond has become home secretary, with May surprising everyone by appointing Boris Johnson as foreign secretary, a man with a history of racist comments about countries and people he is now supposed to be presenting himself to as a responsible and statesman-like figure.

No one who has seen the footage of John Kerry wincing as Johnson was grilled by journalists at one of his first outings as foreign secretary (a joint US-UK press conference) can be in any doubt that Johnson is ill-suited to the role, but he is now responsible for Britain’s position with regard to Andy Tsege, and answerable to the more than 130,000 people who have signed a 38 Degrees petition calling for Andy to be freed. 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 »

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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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