Algerian Approved for Release from Guantánamo, As Three Other Men Have Their Ongoing Imprisonment Upheld

Sufyian Barhoumi, in a photo taken at Guantanamo in 2009 by representatives of the International Committee of the Red Cross, and made available by his family.In the last three weeks, six Periodic Review Boards have taken place at Guantánamo, in which prisoners recommended for ongoing imprisonment by a high-level task force six years ago are being given a parole-like opportunity to plead for their release. I’ll be writing about those reviews soon, but before I do so I’d like to sum up four other decisions taken over this same period —  one decision to approve a prisoner for release, and three others upholding prisoners’ ongoing detention. 62 reviews have now taken place, since the PRBs began in November 2013, and out of those reviews 33 men have been recommended for release, 19 have had their ongoing imprisonment upheld, and ten decisions have yet to be taken. Two final reviews are taking place in the next two weeks.

The man whose release was approved is Sufyian Barhoumi (ISN 694), an Algerian, born in July 1973, whose PRB took place on May 26. Seized in a house with the “high-value detainee’ Abu Zubaydah, whose review also took place recently, Barhoumi was alleged by the US authorities to have been a bomb-maker, and had been put forward for a trial by military commission under President Bush, although the charges were later dropped.

For his PRB, however, his attorney, Shayana Kadidal of the Center for Constitutional Rights painted a compelling portrait of a ”natural diplomat,” popular with both his fellow prisoners and the guard force. As Kadidal put it, “I personally have never seen any other detainee treated by the guards as well as Barhoumi, even at times when relations between prisoners and the authorities were at a low point.” He added, “If the language barrier is one of the greatest causes of misunderstandings and conflict at GTMO, he’s used his language skills to help both prisoners and guards quash problems before they grew too big to tame. It has not gone unappreciated by either group.” Read the rest of this entry »

Sufyian Barhoumi, An Extremely Well-Behaved Algerian, Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Sufyian Barhoumi as a boy and as a prisoner in Guantanamo, in a composite photo made available by his lawyers at the Center for Constitutional Rights.Last Thursday, two days after Saeed Bakhouche, an Algerian, sought release from Guantánamo via a Periodic Review Board, a high-level, inter-agency US government review process, established in 2013, another Algerian, Sufyian Barhoumi, also went before a PRB to ask for his freedom, and was the 41st prisoner to do so. Of the 30 decisions already taken, 23 have resulted in recommendations for the prisoners’ release, while just seven have resulted in recommendations for the men’s continued detention — and even those are subject to further review. This is a success rate for the prisoners of 77%, thoroughly undermining the excessive caution and misplaced zeal for prosecution that, in 2010, led the previous high-level review process, the Guantánamo Review Task Force, to describe the men who were later made eligible for PRBs as “too dangerous to release” or as candidates for prosecution.

The former were largely groundless claims, in a prison full of statements obtained through torture and other forms of coercion, while the latter was based on a mistaken understanding of what constitutes war crimes, spelled out in a number of appeals court rulings in 2012 and 2013, which humiliated the government by dismissing some of the handful of convictions secured in the military commission trial system on the embarrassing basis that the war crimes for which the men in question has been convicted had actually been invented by Congress.

Barhoumi, whose prisoner number is 694, is 41 years old, and, as his lawyers at the Center for Constitutional Rights explain, he was “born and raised in Algiers, where his mother still lives and his late father practiced law.” CCR also explain that, as a young man, he “lived in various countries in Europe – Spain, France, and England – as a farm worker and then a street merchant for about four years,” before traveling to Afghanistan, and then Pakistan, where he ended up in US custody. 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 »

Plea Deals in Federal Court Mooted for Guantánamo Prisoners in Next Year’s National Defense Authorization Act

A campaigner wearing a President Obama mask calls for the closure of Guantanamo in London (Photo: AP/Kirsty Wigglesworth).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.

Last week there was an interesting development in relation to President Obama’s hopes of closing Guantánamo, when the Senate Armed Services Committee announced that it had included a provision in its version of next year’s National Defense Authorization Act, which, as Charlie Savage reported for the New York Times, would allow Guantánamo prisoners to “plead guilty to criminal charges in civilian court via video teleconference,” and would also allow them to be “transferred to other countries to serve their sentences.”

Last November, a number of lawyers sent a letter to the Justice Department, which the New York Times discussed here, in which they “express[ed] interest in exploring plea deals by video teleconference — but only in civilian court, not military commissions.”

Lawyers for six prisoners said that they “may wish” to negotiate plea deals — Abu Zubaydah, the “high-value detainee” for whom the CIA’s torture program was developed, Abu Faraj al-Libi, another “high-value detainee,” Sanad al-Kazimi, a Yemeni who recently went before a Periodic Review Board, Abd al-Rahim Ghulam Rabbani, a Pakistani, Abdul Latif Nasser, the last Moroccan in the prison, and Soufian Barhoumi (aka Sufyian Barhoumi), an Algerian whose PRB is taking place on May 24. As Savage described it, the letter also “said several others are interested, and that Majid Khan, who has pleaded guilty in the [military] commissions system but has not been sentenced, would like to plead again, in civilian court.” Read the rest of this entry »

A Few Surprises in the New Guantánamo Prisoner List

I wrote the following article 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.

On February 20, my friend and colleague, the investigative journalist Jason Leopold, published a prisoner list from Guantánamo, which he had just obtained from the Pentagon, and which had not previously been made public.

The list, “71 Guantánamo Detalnees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013,” identifies, by name, 71 of the 166 prisoners who were held at the time, and, as Jason explained in an accompanying article: Read the rest of this entry »

Meet the Guantánamo Prisoner Who Wants to be Prosecuted Rather than Rot in Legal Limbo

Throughout the spring and summer, while the prison-wide hunger strike at Guantánamo raged, taking up most of my attention, as I reported prisoners’ accounts, and campaigned to get President Obama to release the 86 prisoners cleared for release in January 2010 by his own inter-agency Guantánamo Review Task Force, I missed some other developments, which I intend to revisit over the next few weeks, beginning with an article by Jess Bravin for the Wall Street Journal in July.

Bravin, the Supreme Court correspondent for the Wall Street Journal and the author of the acclaimed book The Terror Courts: Rough Justice at Guantanamo Bay, wrote an article entitled, “Guantánamo Detainee Begs to Be Charged as Legal Limbo Worsens,” which perfectly captured the Alice in Wonderland-style absurdity of the prison, eleven and half years after it opened, with the remaining 164 prisoners no closer to securing justice than they were when George W. Bush set up the prison, which, at the time, was intended to be a place where they could be held without any rights whatsoever.

Highlighting one aspect of this ongoing injustice, Bravin looked at the case of Sufyian Barhoumi, identified in his article as Sufiyan Barhoumi, who, as he described it, “has decided to plead guilty to war crimes, throw himself on the mercy of the court and serve whatever sentence a US military commission deems just.” As Bravin added, however, “There’s just one problem: The Pentagon refuses to charge him.” Read the rest of this entry »

Ten Years of Torture: On Anniversary of Abu Zubaydah’s Capture, Poland Charges Former Spy Chief Over “Black Site”

Ten years ago, on the evening of March 28, 2002, the Bush administration officially embarked on its “high-value detainee” program in the “war on terror” that had been declared in the wake of the terrorist attacks on September 11, 2001, when Zayn al-Abidin Muhammad Husayn (more commonly identified as Abu Zubaydah), was captured in a house raid in Faisalabad, Pakistan.

For the next four and half years, Abu Zubaydah, described on his capture as a senior al-Qaeda operative, was held in secret prisons run by the CIA, until, with 13 other “high-value detainees,” he was moved to Guantánamo, in September 2006, where he remains to this day.

After his capture, Abu Zubaydah was taken to a secret prison in Thailand, and it was there, in August 2002, that he was subjected to an array of torture techniques, including waterboarding (an ancient form of torture, which involves controlled drowning). The torture allegedly only began after John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel, which is supposed to provide impartial advice to the executive branch, wrote two memos (the “torture memos,” signed by his boss, Jay S. Bybee), which purported to redefine torture, and authorized the CIA to use ten techniques — including waterboarding — on Zubaydah. He was subsequently waterboarded 83 times. Read the rest of this entry »

Omar Khadr to Return to Canada from Guantánamo by End of May

Finally, five months after the Canadian citizen and former child prisoner Omar Khadr was supposed to leave Guantánamo, to be returned to Canada as a result of a plea deal agreed in October 2010, it appears that he may be back in the country of his birth by the end of May.

The delay has been a disgrace, as the plea deal was supposed to guarantee that Khadr, who is now 25, would be held for one more year at Guantánamo, and would then return to Canada, to serve seven more years in prison, although it is widely expected that he “will serve only a short time in a Canadian prison before being released,” as London Free Press described it, primarily because lawyers will be able to point out the court rulings in which judges ruled that the Canadian government had persistently violated Khadr’s rights.

That first year of Khadr’s post-plea deal detention ended on October 31 last year, but he was not repatriated from Guantánamo, primarily, it seemed, because of an unwillingness to speedily facilitate his return on the part of the Canadian authorities, who have a dreadful record when it comes to doing anything to secure his return since his capture at the age of 15, when he was severely wounded, in Afghanistan in July 2002. 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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