Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners is Bad for Them – and US Security

Four prisoners released from Guantanamo who have ended up in very different circumstances following the closure by Donald Trump of the office of the Special Envoy for Guantanamo Closure. Clockwise from top left: Abu Wa'el Dhiab, Omar Mohammed Khalifh, Abd al-Malik al-Rahabi and Ravil Mingazov.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. If you can help, please click on the button below to donate via PayPal.

 

I wrote the following article, as “Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners Endangers U.S. National Security,” 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.

The presence of Donald Trump in the White House has been an unmitigated disaster for anyone concerned about the ongoing existence of the prison at Guantánamo Bay, and any notion of justice regarding those held there, or, indeed, those freed from the prison over the years.

For Trump, the notion that there might be anything wrong — or un-American — about imprisoning people forever without any meaningful form of due process clearly doesn’t exist. Since he took office nearly two years ago, only one prisoner has been released, out of the 41 men still held at the prison when Obama took office; and that man, Ahmed al-Darbi, a Saudi, was only released, and transferred to ongoing imprisonment in Saudi Arabia, because of a plea deal he agreed to in his military commission trial proceedings back in 2014.

Trump, clearly, has no desire to meaningfully continue the parole-type process — the Periodic Review Boards — that Barack Obama initiated to release lower-level prisoners who could demonstrate that they didn’t pose a threat to the U.S. Indeed, his contempt for the process is such that he has shut down any possibility of the two men whose release was approved by Obama’s PRBs, but who didn’t get released before Obama left office, being freed by shutting down the State Department office that dealt with resettlements — the office of the Special Envoy for Guantánamo Closure. Read the rest of this entry »

Guantánamo’s Difficult Diaspora: Former Prisoner Hussein Al-Merfedy, in Slovakia, Still Feels in a Cage

Hussein al-Merfedy, a Yemeni and a former Guantanamo prisoner, photographed in Zvolen, Slovakia, where he was released in November 2014 (Photo: Alex Potter for Newsweek).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.

 

Over the last few months, I’ve been catching up on some stories I missed, about former Guantánamo prisoners seeking — and often struggling — to adjust to life in third countries, which took them in when the US government refused or was unable to repatriate them after they had been approved for release by high-level US government review processes.

Since 2006, dozens of countries have offered new homes to Guantánamo prisoners, and the examples I have looked at have mostly focused on men resettled in various European countries — see Life After Guantánamo: Yemeni Released in Serbia Struggles to Cope with Loneliness and Harassment (about Mansoor al-Dayfi, released in July 2016), Life After Guantánamo: Egyptian in Bosnia, Stranded in Legal Limbo, Seeks Clarification of His Rights (about Tariq al-Sawah, released in January 2016), and Life After Guantánamo: Yemeni Freed in Estonia Says, “Part of Me is Still at Guantánamo” (about Ahmed Abdul Qader, released in January 2015). In The Anguish of Hedi Hammami, A Tunisian Released from Guantánamo in 2010, But Persecuted in His Homeland, I also wrote about the difficulties faced by Hammami, a Tunisian first released in Georgia, who returned to his home country after the Arab Spring, only to find that he faces “a constant regimen of police surveillance.”

One day, I hope, all the men released from Guantánamo will have lawyers successfully negotiate an acceptable basis for their existence with the US government. As it currently stands, they are regarded as “illegal enemy combatants” or “unprivileged enemy belligerents,” even though almost all were never charged with any sort of crime, and their status, compared to every other human being on earth, remains frustratingly and unacceptably unclear. This is especially true, I believe, for those settled in third countries, as no internationally accepted rulebook exists to codify their rights, and the obligations of those taking them in. Read the rest of this entry »

Who Are the Five Guantánamo Prisoners Given New Homes in Georgia and Slovakia and Who Is the Repatriated Saudi?

Abdel Ghalib Hakim, a Yemeni prisoner in Guantanamo who was released to start a new life in Georgia in November 2014. Hakim is seen in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.On November 20, five men — long cleared for release — were freed from Guantánamo to begin new lives in Georgia and Slovakia. Four of the men are Yemenis, and the fifth man is a Tunisian. Two days after, a Saudi was also released, repatriated to his home country. The releases reduce the prison’s population to 142, leaving 73 men still held who have been approved for release — 70 by the Guantánamo Review Task Force that President Obama established to review all the prisoners’ cases in 2009, and three this year by Periodic Review Boards, a new review process that began in October 2013. Of the 73, it is worth noting that 54 are Yemenis.

The Yemenis given new homes in Georgia and Slovakia are the first Yemenis to be freed in over four years — since July 2010, when Mohammed Hassan Odaini, a student seized by mistake, was released after having his habeas corpus petition granted by a US judge. Until Thursday’s releases, he was the only exception to a ban on releasing any Yemenis that was imposed by President Obama in January 2010 (and was later reinforced by Congress), after a Nigerian man recruited in Yemen, Umar Farouk Abdulmutallab, tried and failed to blow up a plane from Europe to Detroit with a bomb in his underwear. Last May, President Obama dropped his ban on releasing any Yemenis, stating that their potential release would be looked at on a case by case basis, but it took until last Thursday for any of them to be released.

The release of these four Yemenis to Georgia and Slovakia strongly indicates that the entire US establishment’s aversion to releasing any Yemenis to their home country remains intact, which cannot be particularly reassuring for the 54 other Yemenis approved for release, because most third countries persuaded to take in former Guantánamo prisoners don’t take more than a handful. Read the rest of this entry »

The Last Three Uighurs Are Freed from Guantánamo; 76 Cleared Prisoners Remain

As was reported on New Year’s Eve by Carol Rosenberg in the Miami Herald, one of Guantánamo’s burning injustices has finally been addressed with the release — to Slovakia — of the last three Uighur prisoners, five years and two months after a US judge ordered their release.

The Uighurs are Muslims from China’s oppressed Xinjiang province, in the north west of the country, and, prior to the 9/11 attacks and the US-led invasion of Afghanistan in October 2001, 22 of them, who subsequently ended up at Guantánamo, had been living in a small, rundown settlement in the Tora Bora mountains in eastern Afghanistan — either because they had been unable to reach countries they hoped to reach in search of a new life (primarily Turkey, as the Uighurs are a Turkic ethnic group) or because they nursed far-fetched hopes of training militarily to rise up against their oppressors.

After the US-led invasion, their settlement was bombed by US planes, and the survivors fled, eventually making it across the border to Pakistan, where they were greeted warmly by villagers who then promptly handed therm over — or sold them — to US forces.

Although it should have been clear that the men were seized by mistake, as they had only one enemy, the Chinese Communist government (a point they made repeatedly), they were initially used as pawns in diplomatic games with the Chinese government, whereby they were designated as terrorists in return for a promise by China not to oppose the invasion of Iraq in 2003. Read the rest of this entry »

Tunisians Call for the Release of Prisoners in Guantánamo

On Wednesday, in Tunis, Reprieve, the legal action charity whose lawyers represent prisoners in Guantánamo, held a conference to bring together “key policymakers and members of civil society to discuss Tunisia’s role in bringing about the release of its citizens from Guantánamo Bay.” Speakers included representatives of Tunisia’s major political parties, former Guantánamo prisoners, lawyers and family members of current and former prisoners, and, as Reprieve noted, “Members of the interim government, international and national human rights activists, lawyers, ex-detainees and family members have all pledged their support for this cause.”

The conference was convened to “examine how this support can be turned into action,” and Kamel Eddine Ben Hassan, representing the Tunisian Ministry of Justice, announced that the government was “ready to set up a legal framework” with the US authorities “to study the situation of five Tunisian citizens” still held at Guantánamo, as the website Tunisia-live.net explained. “The state is now taking up the cause of its nationals in Guantánamo,” he told the conference, according to the Associated Press, which explained that he had stated that “Tunisia will soon send a mission to the United States to plead for the repatriation of its five remaining citizens held at the Guantánamo Bay detention center.”

According to Reprieve (as the AP described it), “one of the barriers to the repatriation of the remaining Tunisians” was Ben Ali’s “reputation for torture and human rights abuses,” but Cori Crider, the NGO’s legal director, said “Tunisia’s willingness now to accept the detainees should pave the way for their release.” 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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