As Guantánamo Enters Its 17th Year of Operations, Lawyers Hit Trump with Lawsuit Stating That His Blanket Refusal to Release Anyone Amounts to Arbitrary Detention

After launching the new lawsuit against Donald Trump, lawyers with the Center for Constitutional Rights came to the White House to join the annual protest against Guantanamo's continued existence (on the left, legal director Baher Azmy, and on the right, Omar Farah and Pardiss Kebriaei. In the center is Advocacy Program Manager Aliya Hussain (Photo: Andy Worthington).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, including my current visit to the US.

 

January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.

The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “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 »

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 »

The Man They Don’t Know: Saeed Bakhouche, an Algerian, Faces a Periodic Review Board at Guantánamo

Not Saeed Bakhouche: The US authorities claim that this photo is of Algerian Guantanamo prisoner, who was facing a periodic review Board last week, but as Bakhouche's attorney, Candace Gorman, has pointed out, the man in this photo is not Saeed Bakhouche, and no one seems to know who it is. is it possible to trust the US authorities when, in Saeed Bakhouche's case, they don't seem to know who they are holding?On Tuesday May 24, Saeed Bakhouche, a 45-year old Algerian who has been held in the US prison at Guantánamo Bay since June 2002, became the 40th prisoner to face a Periodic Review Board at Guantánamo.

Like many Guantánamo prisoners, Bakhouche has also been known by another name – in his case, Abdel Razak Ali, a name he gave when he was captured – but to the best of my knowledge he is the only prisoner whose classified military file, compiled in 2008 and released by WikiLeaks in 2011, has a photo that purports to be him, but is not him at all. No one seems to know who it is, but it is not Saeed Bakhouche.

Moreover, his attorney, Candace Gorman, told me that a different photo – again, not of her client – was displayed outside his cell for a year and a half, a mistake that had disturbing ramifications, because this was the same photo shown to other prisoners during interrogations, leading to a situation whereby information about someone else was added his file as though it related to him.

The fact that the US authorities have, historically, not known who Saeed Bakhouche is, does not, however, appear to have been conveyed to the members of his PRB, which 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. Set up in 2013, the boards are reviewing the cases of 41 men previously described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, as “too dangerous to release,” although that has turned out to have been outrageous hyperbole. Of the 40 men whose cases have so far been reviewed, eleven are awaiting decisions, just seven have had their ongoing imprisonment approved, while 22 have had their release recommended — and nine of those have, to date, been freed. 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 Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Housing crisis 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