Tariq Ba Odah, Hunger Strikes, and Why the Obama Administration Must Stop Challenging Guantánamo Prisoners in Court

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).In June, I wrote an article, “Skeletal, 75-Pound Guantánamo Hunger Striker Tariq Ba Odah Seeks Release; Medical Experts Fear For His Life,” about the desperate plight of Tariq Ba Odah, a Guantánamo prisoner who has been on a hunger strike since 2007 and is at risk of death. His weight has dropped to just 74.5 pounds, and yet the government does not even claim that it wants to continue holding him. Over five and a half years ago, in January 2010, the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009 to review the cases of all the prisoners still held at that time, concluded that he should no longer be held.

The task force approved 156 men for release, although Tariq was one of 30 placed in a category invented by the task force — “conditional detention,” made dependent on a perception that the security situation in Yemen had improved or “an appropriate rehabilitation program or third- country resettlement option becomes available,” as his lawyers described it.

Collectively, the whole of the US establishment has — with one exception — refused to repatriate any Yemenis approved for release since January 2010 (after a foiled terror plot was revealed to have been hatched in Yemen), although, since last November, the administration has been finding third countries willing to offer new homes to Yemenis approve for transfer — in part became of persistent pressure from campaigning groups. 18 Yemenis have so far been found homes in third countries — in Georgia, Slovakia, Kazakhstan, Estonia and Oman — so all that now ought to prevent Tariq Ba Odah’s release is if the US government proves unable to find a third country prepared to offer him a new home. Read the rest of this entry »

EXCLUSIVE: Guantánamo Scandal: The 40 Prisoners Still Held But Cleared for Release At Least Five Years Ago

This investigative report is published simultaneously here, and on the website of the “Close Guantánamo” campaign, which I established in January with 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.

One of the greatest injustices at Guantánamo is that, of the 169 prisoners still held, over half — 87 in total — were cleared for release by President Obama’s interagency Guantánamo Review Task Force. The Task Force involved around 60 career officials from various government departments and the intelligence agencies, who spent the first year of the Obama Presidency reviewing the cases of all the remaining prisoners in Guantánamo, to decide whether they should be tried, released, or, in some cases, held indefinitely without charge or trial. The Task Force’s final report is here (PDF).

Exactly who these 87 men are is a closely held secret on the part of the administration, which is unfortunate for those of us working towards the closure of Guantánamo, as it prevents us from campaigning as effectively as we would like for the majority of these men, given that we are not entirely sure of their status. Attorneys for the prisoners have been told about their clients’ status, but that information — as with so much involving Guantánamo — is classified.

However, through recent research — into the classified military files about the Guantánamo prisoners, compiled by the Joint Task Force at the prison, which were released last year by WikiLeaks, as well as documents made available by the Bush administration, along with some additional information from the years of the Obama administration — I have been able to establish the identities of 40 men — 23 Yemenis, and 17 from other countries — who, between 2004 and 2009, were cleared for release by the Joint Task Force at Guantánamo, by military review boards under the Bush administration, or by President Obama’s Task Force, and to identify the official documents in which these decisions were noted. Read the rest of this entry »

Read the Center for Constitutional Rights’ “Faces of Guantánamo” Reports

In December, I was privileged to work with the New York-based Center for Constitutional Rights on three reports about Guantánamo that were published to mark the 10th anniversary of the opening of the prison on January 11, 2012, and released at a press conference in Washington D.C. that I reported here. The three reports are entitled, “Faces of Guantánamo: Resettlement,” “Faces of Guantánamo: Indefinite Detention,” and “Faces of Guantánamo: Torture” (also available via this page) and they present a comprehensive analysis of Guantánamo’s history, President Obama’s failure to close the prison as he promised, and profiles of 20 of the 171 prisoners still held.

The first report, “Faces of Guantánamo: Resettlement,” focuses on the 89 prisoners still held who were cleared for release by President Obama’s Guantánamo Review Task Force, but who are still held either because they cannot be safely repatriated, and no country has volunteered to offer them a new home, or because they are Yemenis, and both the President and Congress have acted to prevent the release of any cleared Yemeni prisoners, even though this constitutes guilt by nationality, which is an indefensible generalization, and ought to be regarded as a profound shame.

The article explains in detail President Obama’s failures, including his refusal to allow any innocent prisoners (the Uighurs, Muslims from China’s Xinjiang province) to be settled in the US, and also describes how Congress has intervened to prevent the release of prisoners for nakedly political reasons. Included are recommendations for the Obama administration, and calls for other countries to help with the resettlement of those who cannot be safely repatriated. Read the rest of this entry »

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Andy Worthington

Writer, campaigner, investigative journalist and commentator. 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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