Ahmed Al-Darbi, Admitted Terrorist at Guantánamo, Receives 13-Year Sentence Following 2014 Plea Deal

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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.

 

Last Friday, the US authorities secured a rare success at Guantánamo, when a panel of US military officers gave a 13-year sentence to Ahmed al-Darbi, a Saudi prisoner, for what the New York Times described as “his admitted role in a 2002 attack by Al Qaeda on a French oil tanker off the Yemeni coast.”

Al-Darbi had pleaded guilty in his military commission trial in February 2014, but his sentencing had not taken place until now because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook this summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.

Under the terms of the plea deal, as Charlie Savage described it in the New York Times, “the commission could have imposed a sentence of 13 to 15 years.” However, the prosecutors joined with al-Darbi’s defense team to ask for “the minimum available term in light of his extensive assistance to the government.” As Savage put it, al-Darbi “has renounced Islamist ideology and lived apart from the general detainee population for years.” 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 »

Who Are The Last Four Men Freed from Guantánamo Under President Obama and Sent to the UAE and Saudi Arabia?

Ravil Mingazov, 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 $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

With Donald Trump promising, in a draft executive order leaked to the New York Times, to keep Guantánamo open, to stop all releases until after a new review process has reported back to him, and to reintroduce torture and “black sites,” the last few days of the Obama administration now seem like ancient history, but it was just last Thursday — Obama’s last day in office — that the last four prisoners on his watch were released from Guantánamo, and sent to the United Arab Emirates and Saudi Arabia.

The releases unfortunately leave five men approved for release still held at the prison, along with ten men facing (or having faced) trials, and 26 others eligible for ongoing Periodic Review Boards, unless Donald Trump scraps them. Three of the five approved for release had those decisions taken back in 2009, while the other two were approved for release last year, but it is worrying for all of them that Donald Trump has no interest in the fact that the decisions about them were taken unanimously by high-level US government review processes.

The fact that these five men approved for release are still held — and that 41 men in total are still at the prison — is a profound disappointment, to put it mildly, and Trump’s bellicose attitude already makes it apparent that President Obama’s failure to fulfill his promise to close Guantánamo once and for all cannot be considered an abstract failure, as it plays directly into Donald Trump’s hands. Had Obama prioritized closing Guantánamo much earlier in his presidency, and taken on Congress with the required forcefulness, it would have been closed, and Donald Trump would, I believe, have faced an impossible uphill struggle to reopen it.

So who are the four men who managed to escape from Guantánamo before Trump shut the prison door? Read the rest of this entry »

Final Two Review Board Decisions Announced: 21 Men Now Approved for Release from Guantánamo

12 of the Guantanamo prisoners put forward for Periodic Review Boards. Top row from left: Mohammed Ghanem (Yemen, approved for release), Haji Hamidullah (Afghanistan, freed), Abdul Rahman Shalabi (Saudi Arabia, freed), Ayyub Ali Salih (Yemen, freed). Middle Row​: Yassin Qasim (Yemen, approved for ongoing imprisonment), Abdu Ali al-Hajj Sharqawi (Yemen, approved for ongoing imprisonment), Mohamedou Ould Slahi (Mauritania, freed), Mansoor al-Zahari aka al-Dayfi (Yemen, freed). Bottom, from left, Ravil Mingazov (Russia, approved for release), Abu Zubaydah (Palestine, not decided yet), Salman Rabei’i (Yemen, approved for ongoing imprisonment), Abdul Latif Nasir (Morocco, approved for release).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo into the new year.

 

On September 9, as I reported at the time, the last of 64 Guantánamo prisoners to face a Periodic Review Board— Hassan bin Attash, who was just 17 when he was seized in September 2002 — had his case reviewed. A month later, a decision was taken in his case (to continue holding him), bringing the first round of the PRBs to an end, with two exceptions.

In the cases of two men whose cases were reviewed in April and May, the board members had been unable to reach a unanimous decision, and. for these two men, decisions were not reached until last week — November 21, to be exact. In the case of one man, Jabran al-Qahtani, a Saudi, the board members approved his release, while in the case of the other man, Said Nashir, a Yemeni, a decision was taken to recommend his continued imprisonment.

The decisions mean that, of the remaining 60 prisoners, 21 have been recommended for release —seven by the high-level, inter-agency Guantánamo Review Task Force, which President Obama established shortly after taking office in 2009, to review the cases of all the men he had inherited from George W. Bush, and 14 by the PRBs. For further information, see my definitive Periodic Review Board list on the Close Guantánamo website. Read the rest of this entry »

Two Yemenis Approved for Release from Guantánamo, as Detention of Two Saudis Upheld, Including Torture Victim Mohammed Al-Qahtani

Yemeni prisoner Musa'ab al-Madhwani, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.With just 168 days left for President Obama to close the prison at Guantánamo Bay, as he promised when he first took office in January 2009, the reassuring news is that there are now just 76 men held, and 34 of those men have been approved for release. 13 of the 34 were approved for release in Obama’s first year in office, by an inter-agency task force he established to review the cases of all the prisoners held at the start of his presidency, while 21 others have been approved for release since January 2014 by Periodic Review Boards. See my definitive Periodic Review Board list here on the Close Guantánamo website.

The PRBs, another inter-agency process, but this time similar to parole boards, have been reviewing the cases of all the men who are not facing trials and who had not already been approved for release, and, to date, 56 reviews have taken place, with 32 men being approved for release (and eleven of those already freed), and 16 approved for ongoing imprisonment, while eight decisions have yet to be taken. This is a 67% success rate for the prisoners, and ought to be a source of shame for the Obama administration’s task force, which described these men as “too dangerous to release” or recommended them for prosecution back in 2009.

In the cases of those described as “too dangerous to release,” the task force acknowledged that insufficient evidence existed to put them on trial, but clearly failed to recognize that their recommendations were based on extreme, and, it turns out, unjustifiable caution. In the cases of those recommended for trials, embarrassingly, the basis for prosecution collapsed in 2012-13 when appeals court judges struck down some of the only convictions secured in the troubled military commission trial system on the basis that the war crimes for which the men had been convicted were not internationally recognized, and had been invented by Congress. Read the rest of this entry »

The Last Russian in Guantánamo and an Alleged Saudi Bomb-Maker Seek Release Via Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, photographed with his family before his capture.Last week, two more Periodic Review Boards took place — the 48th and 49th — for the last Russian prisoner held at Guantánamo, Ravil Mingazov, and for Ghassan al-Sharbi, a Saudi. Both men were seized in Faisalabad on March 28, 2002, on the day that Abu Zubaydah, regarded as a “high-value detainee,” was seized. The CIA’s post-9/11 torture program was initially developed for Zubaydah, who was regarded as a senior figure in Al-Qaeda, even though it has since become apparent that he was not a member of Al-Qaeda, and had no prior knowledge of the 9/11 attacks.

Nevertheless, Abu Zubaydah remains hidden in Guantánamo, still not charged with a crime, and those seized on the same night as him — either in the same house, or in another house that the US government has worked hard to associate with him —  have faced an uphill struggle trying to convince the authorities that they are not of any particular significance, and that it is safe for them to be released.

In May, three men seized in the house with Abu Zubaydah, Jabran Al Qahtani (ISN 696), a Saudi, Saeed Bakhouche aka Abdelrazak Ali (ISN 685), an Algerian, and Sufyian Barhoumi (ISN 694), another Algerian, all had reviews, although no decisions have yet been taken about whether or not they should be released. Ghassan al-Sharbi (ISN 682) is another of the men seized with Zubaydah, and his review took place last Thursday (June 23), although he did not attend this hearing, or cooperate with the military personnel assigned to help him prepare for it, so it is certain that he will not be approved for release. Read the rest of this entry »

For Review Board, Revelations That Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before Capture

Guantanamo prisoner Mohammed al-Qahtani, in a photo taken before his capture in 2001.I wrote the following article — as “Tortured Guantánamo Prisoner Mohammed Al-Qahtani Was Profoundly Mentally Ill Before His Capture” — 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, a Periodic Review Board at Guantánamo raised a number of uncomfortable questions for the US authorities: what do you do with a prisoner allegedly involved with Al-Qaeda, but who you have tortured? And what do you do if it then transpires that, before you captured and tortured this man, he already had a history of severe mental health problems?

The prisoner in question is Mohammed al-Qahtani, the 47th prisoner to face a PRB, since they were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials. Tortured for 50 days straight at the end of 2002, he was “subjected to constant interrogations marked by extreme sleep deprivation, low temperatures, stress positions and forced nudity as well as being threatened with a military dog,” and “had to be hospitalized twice with a dangerously low heart rate,” as the Washington Post described it last week.

It was also in the Washington Post, in January 2009, that, for the first, and, to date, only time, a senior Pentagon official, Susan Crawford, the convenor of Guantánamo’s military commissions, admitted that a prisoner in US custody had been tortured. “We tortured Qahtani. His treatment met the legal definition of torture,” Crawford said, adding that that was why she didn’t refer his case for prosecution, even though he had been charged in February 2008 with five other men who are still facing prosecution for the 9/11 attacks. Read the rest of this entry »

Alleged Al-Qaida Bomb-Maker Faces Periodic Review Board at Guantánamo

Photos of some of the Guantanamo prisoners, made available when classified military files were released by WikiLeaks in 2011.Last Thursday, Jabran al-Qahtani, a Saudi national, became the 39th prisoner to face a Periodic Review Board at Guantánamo.

Set up in 2013 to review the cases of all the prisoners who were not facing trials (just ten men) or the rather larger group of men who had already been approved for release by the high-level inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, the PRBs involve 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, and, since January 2014, they have approved 22 men for release and have defended the ongoing imprisonment of just seven men, a success rate for the prisoners of 76%.

The results are a damning verdict on the task force’s decision to describe 41 men facing PRBs as “too dangerous to release,” even though the task force members also acknowledged that insufficient evidence existed to put them on trial; in other words, it was not evidence, but unreliable information extracted from prisoners at Guantánamo and elsewhere in the “war on terror” — including the CIA’s “black sites” — through the use of torture, other forms of abuse or bribery (with better living conditions, for example). It has also become apparent that another reason some prisoners were described as “too dangerous to release” was because the authorities regarded them as having a threatening attitude towards the US, even though it is, to my mind, understandable that some men confronted with long years of abusive and generally lawless detention might react with anti-social behavior and threats. Read the rest of this entry »

Fayiz Al-Kandari is Free! The Last Kuwaiti in Guantánamo Is Released, Plus a Saudi: Now 103 Men Remain

Fayiz al-Kandari reunited with his father after his release from Guantanamo (Photo courtesy of Barry Wingard).For Fayiz al-Kandari, the last Kuwaiti held at Guantánamo, who turned 40 at the prison in 2015, there is finally justice, as he was released on Friday January 10 and sent back home, over 14 years after he was first seized in Afghanistan, where, he always maintained, he had traveled to engage in humanitarian aid work.

Fayiz’s release, and that of another prisoner, a Saudi, appears to provide a demonstration of President Obama’s renewed commitment to close Guantánamo in his last year in office, as four men have now been freed in the last few days, and 13 more releases are expected soon. Without a doubt, it also provides further vindication that the Periodic Review Board process at Guantánamo — established in 2013 to review the cases of all the prisoners not already approved for release or facing trials — is working. in the cases of both men, they were recommended for continued imprisonment after PRBs, but were then reviewed again, when they both worked harder to convince the boards that they pose no threat and want only to rebuild their lives in peace — as, it should be noted, do most of the 103 men still held.

Of the 18 cases so far decided in PRBs, 15 have ended with recommendation for the release of the prisoners — a great result when all were previously regarded as “too dangerous to release” — although the process is moving far too slowly. Those 18 cases took over two years, and 42 other men are awaiting reviews, which will not be completed until 2020 at the current pace. If President Obama is serious about closing Guantánamo, he needs to find a way to speed up the process considerably in his last 12 months in office. Read the rest of this entry »

Abdul Rahman Shalabi, Long-Term Hunger Striker, Repatriated from Guantánamo to Saudi Arabia

Abdul Rahman Shalabi, in a photo from the classified military files from Guantanamo that were made available by WikiLeaks in April 2011.Yesterday (September 22), the US authorities reduced the population of the prison at Guantánamo Bay to 114 by releasing Abdul Rahman Shalabi, the prison’s most enduring hunger striker, who had been on a hunger strike for over ten years.

As I explained in an article in October 2010, he “weighed 124 pounds when he arrived at Guantánamo in January 2002,” but “rarely weighed more than 110 pounds [after] he began his hunger strike in August 2005, as part of the largest hunger strike in the prison’s history. At one point, in November 2005, he weighed just 100 pounds (PDF) … In September 2009, after four years of being force-fed daily, Shalabi weighed just 108 pounds, and wrote a distressing letter to his lawyers, in which he stated, ‘I am a human who is being treated like an animal.’ In November 2009, when his letter was included in a court submission, one of his lawyers, Julia Tarver Mason, stated, ‘He’s two pounds away from organ failure and death.'”

Shalabi, who is 39 years old, spent a third of his life at Guantánamo, and was one of 48 prisoners designated for ongoing imprisonment without charge or trial in January 2010, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009, whose remit was to recommend prisoners for release or for trial. In the end, the task force decided that 48 men were too dangerous to release, but that insufficient evidence existed to put them on trial. This was deeply problematical, because it meant that the evidence was no such thing — and was, for example, a collection of unreliable statements made by the prisoners themselves, or their fellow prisoners, as a result of torture or other forms of abuse, bribery (the promise of “comfort items” and better living conditions) or exhaustion as the result of never-ending interrogations. 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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