Two Sudanese Prisoners Released from Guantánamo, 79 Cleared Prisoners Remain

As the 12th anniversary of the opening of the “war on terror” prison at Guantánamo Bay approaches (on January 11, 2014), the run of good news regarding the situation at the prison continues, with the news that two prisoners — Ibrahim Idris, 52, and Noor Uthman Muhammed, 51, have been released to Sudan, and the Senate has voted to ease restrictions imposed by Congress over the last three years. The release of the two men brings the number of prisoners released this year to eight, and the total number of prisoners still held to 158.

Until recently, there had been three years of inaction regarding Guantánamo, when just five prisoners were released by President Obama. This inaction had been caused because of opposition in Congress and the president’s refusal to spend political capital overcoming that opposition. Of the five men released, two — Ibrahim al-Qosi and Omar Khadr — were amongst the handful of prisoners regarded as so significant that they had been put forward for military commission trials, and had agreed to plea deals that stipulated how much longer they should be held, and three — an Algerian and two Uighurs, Muslims from China’s Xinjiang province — had their release ordered by a US judge, after they had their habeas corpus petitions granted (before the appeals court in Washington D.C. rewrote the habeas rules, so that no prisoner could be released through a legal challenge).

The three years of inaction came to an end in August, when two Algerian men — Nabil Hadjarab and Mutia Sayyab — were released, who, like over half the men still held, had been cleared for release by a high-level, inter-agency task force that President Obama appointed shortly after taking office in 2009. Their release followed a promise to resume releasing prisoners that President Obama made in a major speech on national security issues in May. Read the rest of this entry »

Some Progress on Guantánamo: The Envoy, the Habeas Case and the Periodic Reviews

I wrote the following article — under the heading, “Progress on Guantánamo,” for the “Close Guantánamo” website, which I established in January 2012 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.

Progress towards closing the prison at Guantánamo Bay — or even getting men freed who have been cleared for release by a government task force — has become such a slow and difficult process that any positive developments must be greeted with a sense of relief that at least something is being done.

In the last week, three developments that offer some hope have taken place — the appointment of a “Special Envoy for Guantánamo closure” in the Pentagon; the decision by the Justice Department not to contest the habeas corpus petition of a severally mentally ill prisoner; and the start of a review process for the majority of the 80 prisoners still held at Guantánamo who are not amongst the 84 prisoners who were cleared for release by President Obama’s inter-agency Guantánamo Review Task Force in January 2010.

The fact that 84 prisoners who were cleared for release nearly four years ago are still held shows the extent to which progress towards closing Guantánamo has almost ground to a halt. Read the rest of this entry »

The Schizophrenic in Guantánamo Whose Lawyers Are Seeking to Have Him Sent Home

The prison at Guantánamo is such an extraordinarily lawless and unjust place that 86 prisoners cleared for release by an inter-agency task force established by President Obama when he took office in 2009 are still held.

Other prisoners recommended for trials languish, year after year, with no hope of justice, and 46 others were specifically recommended for indefinite detention without charge or trial, on the basis that they are too dangerous to release, even though there is insufficient evidence to put them on trial.

That means, of course, that the supposed evidence is fundamentally untrustworthy, a dubious melange of statements extracted through the use of torture and other forms of coercion, and unreliable intelligence reports, but the government refuses to acknowledge that unpalatable truth.

Instead, the men have been obliged to resort to a hunger strike, now in its sixth month, to wake the world up to their plight, and to put pressure on the administration to act. Eight weeks ago, President Obama delivered an eloquent speech about national security, in which he perfectly described how unjust and counter-productive Guantánamo is, and promised to resume releasing prisoners, but he has still not released a single cleared prisoner, and nor has he initiated reviews for the 46 men whose indefinite detention he authorized in March 2011, when he promised to establish Periodic Review Boards (PRBs) to review the men’s cases, to establish whether they continue to be regarded as too dangerous to release. Read the rest of this entry »

Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?

I wrote the following report exclusively for the “Close Guantánamo” campaign and website, 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.

POSTSCRIPT January 2013: The Center for Constitutional Rights has confirmed that a 56th prisoner was added to this list after its initial drafting — Djamel Ameziane, an Algerian mentioned below.

UPDATE March 14, 2014: Please note that this list of 56 men cleared for release by the Guantánamo Review Task Force (plus the 30 other Yemenis cleared for release but held in “conditional detention” until the authorities are satisfied that the security situation in Yemen has improved) reflected the situation at Guantánamo from the time of its publication in October 2012 until August 2013, when two Algerians on the list were released, followed by eight other cleared prisoners in December, and one more in March 2014. I have noted who has been released on the list. As a result of these releases, there are now 76 cleared prisoners (46 plus the 30 Yemenis in “conditional detention”). For a breakdown of who is who (including the identities of the 30 Yemenis in “conditional detention”), see the “Close Guantánamo” prisoner list.

On September 21, lawyers for the Guantánamo prisoners — and others who had been watching Guantánamo closely — were completely taken by surprise when, as part of a court case, the Justice Department released the names of 55 of the 86 prisoners cleared for release from Guantánamo in 2009 by President Obama’s Guantánamo Review Task Force.

The Task Force was made up of officials and lawyers from all the relevant government departments and from the intelligence agencies, and its final report was issued in January 2010. Of the 166 prisoners still held, 86 of those were recommended for release, but are still held, and the list reveals, for the first time ever, 55 of those names. Read the rest of this entry »

Obama Releases Names of Cleared Guantánamo Prisoners; Now It’s Time to Set Them Free

On Friday, as part of a court case, the Justice Department released the names of 55 of the 86 prisoners cleared for release from Guantánamo in 2009 by President Obama’s Guantánamo Review Task Force, which consisted of officials from key government departments and the intelligence agencies. The Task Force’s final report was issued in January 2010.

Until now, the government has always refused to release the names, hindering efforts by the prisoners’ lawyers — and other interested parties — to publicize their plight.

The rationale for this was explained by Ambassador Daniel Fried, the State Department’s Special Envoy for the Closure of the Guantánamo Bay Detention Facility, in June 2009, when he stated that “indiscriminate public disclosure of the decisions resulting from reviews by Guantánamo Review Task Force will impair the US Government’s ability effectively to repatriate and resettle Guantánamo detainees” under the executive order establishing a review of the prisoners’ cases, which was issued on President Obama’s second day in office in January 2009, at the same time that he promised to close Guantánamo within a year. Read the rest of this entry »

US Honors Deal to Release Convicted Bin Laden Cook from Guantánamo to Sudan; 87 Cleared Men Still Await Release

Getting out of Guantánamo is such a feat these days (with just three men released in the last 18 months) that it is remarkable that Ibrahim al-Qosi, a Sudanese prisoner who agreed to a plea deal at his war crimes trial in Guantánamo in July 2010, guaranteeing that he would be freed after two years, has been repatriated as promised. 168 prisoners now remain in Guantánamo.

With a typical disregard for the principle that a prisoner — any prisoner — must be freed when their sentence comes to an end, the US has maintained, since the “war on terror” began nearly 11 years ago, that prisoners at Guantánamo can continue to be held after their sentence has come to an end, and be returned to the general population as “enemy combatants,” even though President Bush failed to do this when he had the opportunity — with Salim Hamdan, a driver for Osama bin Laden who was freed after serving a five-month sentence handed down after his military trial in 2008.

A source with knowledge of al-Qosi’s case, who does not wish to be identified, told me that the Obama administration was unwilling to detain al-Qosi after his sentence came to an end, and I believe that one of the reasons that the President negotiated a waiver to the provisions in the National Defense Authorization Act, allowing him to bypass restrictions on releasing prisoners that were imposed by Congress, was to prevent Republicans from trying to force him to continue holding al-Qosi. Read the rest of this entry »

WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005 (Part Four of Five)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 19 of the 70-part series. 247 stories have now been told. See the entire archive here.

In late April, WikiLeaks pushed Guantánamo back onto the international media’s agenda by publishing thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002, which drew on the testimony of witnesses — in most cases, the prisoners’ fellow prisoners — whose words are unreliable, either because they were subjected to torture or other forms of coercion (sometimes not in Guantánamo, but in secret prisons run by the CIA), or because they provided false statements to secure better treatment in Guantánamo.

As an independent media partner of WikiLeaks, I liaised both before and after the publication of these documents with WikiLeaks’ mainstream media partners (including the Washington Post, McClatchy Newspapers, the Daily Telegraph, Der Spiegel, Le Monde and El Pais), and then, after the killing of Osama bin Laden pushed Guantánamo aside once more, and allowed apologists for torture, and those who engineered its use by US forces, to resume their malignant, criminal and deeply mistaken defense of torture, and of the existence of Guantánamo, I began to analyze all of the Detainee Assessment Briefs in depth.

I began, in May and June, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. These men and boys were amongst the first 201 prisoners released, and unlike the other prisoners, for whom information was released to the public from 2006 onwards, as a result of court cases involving Freedom of Information requests, no information had been officially released about the first 201 prisoners. Read the rest of this entry »

Tyler Cabot’s Important Profile of Guantánamo Prisoner Noor Uthman Muhammed for Esquire

Every now and then, mainstream media magazines pick up on a story from Guantánamo and run with it, reaching a wide audience and providing detailed coverage of the Bush administration’s shameful prison, which Barack Obama has found himself unable to close, and which, for the 171 men still held, appears now to be a prison without end.

Guantánamo has become largely forgotten by those who should be alarmed at what its continued existence reveals about America’s humanity and sense of justice, but who, in all too many cases, are misled by their media and by the senior Bush administration officials who are still allowed to continue defending their dreadful policies and criminal activities in public, even though they should be held accountable for their part in implementing torture.

For Esquire this month, Tyler Cabot, an editor at the magazine, has profiled Noor Uthman Muhammed, otherwise known as Prisoner 707, a Sudanese prisoner who was subjected to a trial by Military Commission at Guantánamo in February this year, as I explained in my article, “Hiding Horrific Tales of Torture: Why The US Government Reached A Plea Deal with Guantánamo Prisoner Noor Uthman Muhammed.” The military jury in Muhammed’s case gave him a 14-year sentence, although he is only supposed to serve 34 months as the result of a plea deal, but such is the injustice at Guantánamo that it is by no means certain that he will actually be released. Read the rest of this entry »

More Evidence of the Use of Water Torture at Guantánamo and in Afghanistan and Iraq

Three weeks ago, my colleague Jeffrey Kaye, a full-time psychologist in California who also manages to find time to pursue a second career as a blogger producing important work on America’s torture program, wrote an article for Truthout about the use of water torture at Guantánamo, which pulled together information that was previously available, but scattered around a number of different sources, and which, I’m delighted to note, secured a wide audience online, also attracting interest in the mainstream media.

As a follow-up, Jeff recently wrote another article for Truthout, providing further examples of the use of water as a torture technique, not only in Guantánamo, but also in Afghanistan and Iraq, and to mark my return to work after two weeks away in Greece, I’m cross-posting his latest article as my own follow-up, because I cross-posted his earlier article just before my departure for Athens and Agistri, and I hope that making both articles available here will ensure that they reach new readers who have not yet come across Jeff’s work.

More Evidence of Water Torture “Depravity” in Rumsfeld’s Military
By Jeffrey Kaye, Truthout, August 18, 2011

There have been a number of cases of detainees held by the Department of Defense (DoD) who have been subjected to water torture, including some that come very close to waterboarding, according to an investigation by Truthout. The prisoners have been held in a number of settings, from Afghanistan and Iraq to Guantánamo Bay.

In a number of settings, DoD spokespeople in the past — most notably former secretary of defense Donald Rumsfeld — have denied the use of waterboarding by DoD personnel. But as examples of DoD water torture have multiplied, it appears government denials about “waterboarding” were overly legalistic, and that behind them, DoD personnel were hiding torture involving similar methods of choking, suffocation or near-drowning by water. Read the rest of this entry »

WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004 (Part Nine of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 14 of the 70-part series.

In late April, WikiLeaks released its latest treasure trove of classified US documents, a set of 765 Detainee Assessment Briefs (DABs) from the US prison at Guantánamo Bay, Cuba. Compiled between 2002 and January 2009 by the Joint Task Force that has primary responsibility for the detention and interrogation of the prisoners, these detailed military assessments therefore provided new information relating to the majority of the 779 prisoners held in the prison at Guantánamo Bay, Cuba throughout its long and inglorious history, including, for the first time, information about 84 of the first 201 prisoners released, which had never been made available before.

Superficially, the Detainee Assessment Briefs appear to contain allegations against numerous prisoners which purport to prove how dangerous they are or were, but in reality the majority of these statements were made by the prisoners’ fellow prisoners, in Kandahar or Bagram in Afghanistan prior to their arrival at Guantánamo, in Guantánamo itself, or in the CIA’s secret prisons, and in all three environments, torture and abuse were rife.

I ran through some of the dubious witnesses responsible for so many of the claims against the prisoners in the introduction to Part One of this new series, and, while this is of enormous importance in the cases of many of the men still held (and also in the cases of some of those released), it is not particularly relevant to the overwhelmingly insignificant prisoners released between 2002 and September 2004, whose detention was so pointless that the authorities didn’t even bother trying to build cases against them through the testimony of their fellow prisoners. 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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