Review Boards Approve Ongoing Imprisonment of Three More Prisoners at Guantánamo, Even As Lawmakers Urge Donald Trump to Scrap Them

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).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.

 

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.

The problem with Guantánamo has never been what right-wingers delude themselves into thinking it is — that it’s a perfect acceptable, secure facility for holding terrorists whose existence is undermined by liberals constantly trying to close it down, endangering America’s national security.

Instead, the problem is Guantánamo itself, a place of arbitrary detention, where very few of the 779 people held there by the military over the last 15 years have genuinely been accused of any involvement with terrorism, but where, because of the Bush administration’s contempt for internationally recognized laws and treaties regarding imprisonment, the majority of the men held — overwhelmingly, foot soldiers for the Taliban, and civilians, many sold for bounties — have been deprived of any rights whatsoever, and can only be freed at the whim of the executive branch.

For a brief period from 2008 to 2010, those held could appeal to the US courts, where judges were able to review their habeas corpus petitions, and, in a few dozen cases, order their release, but this loophole was soon shut down by politically motivated judges in the court of appeals in Washington, D.C., and the Supreme Court has persistently refused to revisit the positive rulings it made regarding the prisoners’ habeas corpus rights in 2004 and 2008, hurling the men back into a disgraceful legal limbo in which their only hope for release lies, yet, again, with the presidential whim. Read the rest of this entry »

Donald Trump Proposes to Keep Guantánamo Open, to Prevent Further Releases, and to Reintroduce Torture and “Black Sites”

A collage of images of Donald Trump and Guantanamo on its first day back in January 2002.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.

 

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.

On Wednesday our worst fears on Guantánamo and torture were confirmed, when the New York Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants,” indicating that Donald Trump wants to keep Guantánamo open, wants to send new prisoners there, and wants to “suspend any existing transfer efforts pending a new review as to whether any such transfers are in the national security interests of the United States.” Trump also, it seems, wants to reinstate torture and the use of CIA “black sites.”

Specifically, the draft executive order proposes revoking the two executive orders, 13492 and 13491, that President Obama issued on his second day in office in January 2009 — the first ordering the closure of Guantánamo, and the second to close CIA “black sites,” to grant the International Committee of the Red Cross access to all prisoners, and to ensure that interrogators only use techniques approved in the Army Field Manual.

The draft executive order also proposes to “resurrect a 2007 executive order issued by President Bush,” as the New York Times put it, which “responded to a 2006 Supreme Court ruling about the Geneva Conventions that had put CIA interrogators at risk of prosecution for war crimes, leading to a temporary halt of the agency’s ‘enhanced’ interrogations program.” Read the rest of this entry »

Who Are the Ten Guantánamo Prisoners Released in Oman, Leaving 45 Men Still Held, Including Nine Approved for Release?

The ten prisoners released from Guantanamo on Jan. 16, 2017. Top, from L to R: Abdul Zahir (Afghanistan) and the Yemenis Mohammed al-Ansi, Mohammed Ahmed Said Haidel (aka Muhammed Ahmad Said Haydar), Salman Yahya Hassan Mohammed Rabei’i and Musa’ab al-Madhwani (aka Musab Omar Ali al Madhwani). Bottom, from L to R: Bostan Karim (aka Karim Bostan) (Afghanistan) and the Yemenis Ghaleb al-Bihani, Mustafa al-Shamiri, Walid Said Bin Said Zaid and Hail al-Maythali (aka Hayil al-Maythali). All the photos are from the files leaked by Chelsea Manning and released by WikiLeaks in 2011 except the photo of al-Bihani, which was taken by the International Red Cross, and made available by his lawyers at the Center for Constitutional Rights.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo during the first two months of the incoming Trump administration.

 

So there was great news from Guantánamo on Monday, when ten men — eight Yemenis and two Afghans — were released and sent to Oman, which has previously taken in 20 Yemenis. The Yemenis have been the most difficult category of prisoners to be freed from Guantánamo, because the entire US establishment is unwilling to repatriate them, fearing the security situation in their home country, meaning that third countries must be found that are prepared to offer them a new home — and are prepared to overlook the fact that the US itself is unwilling to do that, and, in fact, that Congress has, for many years, passed laws specifically preventing any Guantánamo prisoner from being brought to the US mainland for any reason.

The ten releases leave 45 men still held at Guantánamo, with three or four more releases expected before President Obama leaves office on Friday, according to the latest reports. At present, however, nine men approved for release are still held, and the release of those left behind when Obama leaves the White House must be a priority for campaigners as soon as Donald Trump takes office.

Of the ten men released, two were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office, while the other eight were approved for release between May 2014 and December 2016 by Periodic Review Boards, another high-level, inter-agency review process, and one that campaigners must also press Donald Trump to keep. Read the rest of this entry »

Afghan Money Exchanger Approved for Release from Guantánamo; Former Child Prisoner and Pakistani Have Ongoing Imprisonment Upheld

Afghan prisoner Haji Wali Mohammed, in a photograph 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 for the next three months.

 

From November 2013 until last month, reviews — Periodic Review Boards — took place for 64 Guantánamo prisoners who had been assessed as “too dangerous to release” or eligible for prosecution by the previous review process, conducted by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009.

The PRBs — consisting of 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 — have so far delivered 57 decisions, approving 34 men for release, while upholding the ongoing imprisonment of 25 others. Five decisions have yet to be taken in the process, which is similar to parole, although with one obvious difference— none of the men at Guantánamo have been tried or convicted. Like parole, however, the PRBs require them to show remorse, and to demonstrate that they would establish peaceful and constructive lives if released.

The success rate in the PRBs to date — 58% — confirms that the decisions in 2009 demonstrated unnecessary caution on the part of the officials who made up the Guantánamo Review Task Force. For further details, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website that I established in January 2012 with the US attorney Tom Wilner. Read the rest of this entry »

Afghan Moneychanger Seeks Release from Guantánamo Via Periodic Review Board

Afghan prisoner Haji Wali Mohammed, in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.On August 25, an Afghan prisoner at Guantánamo, Haji Wali Mohammed, who was born in February 1965 or 1966, became the 62nd prisoner to face a Periodic Review Board. The PRBs — whose closest analogy are parole boards — were set up in 2013 to review the cases of all the prisoners who had not already been approved for release and were not facing trials, and in total 64 men have had their cases reviewed. The last two reviews took place on September 1 and September 8, and I’ll be writing about them very soon.

Of the 64, 12 decisions have yet to be taken, but of the 52 cases decided (see my definitive PRB list here), the board members — comprising 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 — approved 33 men for release, while upholding the ongoing imprisonment of 19 others. That’s a success rate for the prisoners of 63%, which is a rather damning indictment of the caution exercised by the previous review board, the Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, and made the recommendations for the ongoing imprisonment of the 64 men who have ended up facing PRBs.

23 of the 64 had been recommended for prosecution by the task force, until the basis for prosecutions in Guantánamo’s military commissions largely collapsed as a result of a number of devastating appeals court rulings in Washington, D.C., in which judges dismissed some of the handful of convictions secured in the commissions, and concluded that the war crimes in question had been invented by Congress. Read the rest of this entry »

Libyan Who Abandoned Habeas Corpus Petition, Citing Its “Futility,” Asks Review Board to Approve His Release from Guantánamo

Libyan prisoner Ismail Ali Faraj al-Bakush, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, a Libyan prisoner at Guantánamo, Ismail Ali Faraj al-Bakush (aka Ismael al-Bakush), who is 48 years old, became the 53rd prisoner to face a Periodic Review Board. The PRBs were set up in 2003 to review the cases of prisoners who had not already been approved for release, or were not facing trials, and to date 29 men have been approved for release, while 13 have had their ongoing imprisonment upheld.

This is a 69% success rate for the prisoners, which is remarkable — and remarkably damaging for the credibility of the Obama administration — because the majority of these men were described, by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office in January 2009, as “too dangerous to release,” when the reality has not borne out that caution. Others were recommended for prosecution, until the basis for prosecutions in Guantánamo’s military commission trial system largely collapsed after a series of devastating appeals court rulings, confirming that the war crimes being tried were illegitimate, having been invented by Congress.

Ismail al-Bakush is one of 41 men eligible for the PRBs who was initially regarded as “too dangerous to release,” even though the task force acknowledged that insufficient evidence existed against any of these men to put them on trial. 23 others were initially recommended for prosecution, and just eleven men are still awaiting reviews, while 12 others (including al-Bakush) are awaiting the results of their reviews. See my definitive Periodic Review Board list on the Close Guantánamo website for further information. Read the rest of this entry »

Periodic Review Board at Guantánamo for Yemeni Subjected to Long-Term Sleep Deprivation in Prison’s Early Years

Yemeni prisoner Mohammad Abu Ghanim, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last Tuesday, Mohammad Rajah Sadiq Abu Ghanim (aka Mohammed Ghanim), a Yemeni born in 1975, became the 38th prisoner to face a Periodic Review Board at Guantánamo. These 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 were set up in 2013 to review the cases of all the prisoners who had not 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, or were not facing trials. Just ten men are in this latter category.

Those eligible for the PRBs were 41 men described as “too dangerous to release” by the task force, which also, however, acknowledged that insufficient evidence existed to put them on trial; in other words, that is was not evidence, but unsubstantiated claims made by prisoners subjected to torture, abuse or bribery (with better living conditions), or that they were regarded as having dangerously anti-American attitudes (despite the fact that their appalling treatment may have inspired such sentiments).

23 others had been recommended for trial by the task force, until the basis for prosecutions largely collapsed when appeal court judges overturned some of the handful of convictions secured in the military commission trial system, pointing out that the war crimes for which the men had been convicted had actually been invented by Congress. Read the rest of this entry »

Guantánamo Review for Obaidullah, an Afghan Whose Lawyers Established His Innocence Five Years Ago

Afghan prisoner Obaidullah, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.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.

On Tuesday (April 19), Obaidullah (ISN 762), an Afghan prisoner at Guantánamo, became the 30th prisoner to face a Periodic Review Board, a review process set up in 2013 to review the cases of all the prisoners not already approved for release (by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009) or facing trials.

Just ten men are in this latter category, but, when the PRBs were established in 2013, 25 others recommended for prosecution by the task force were made eligible for the PRBs, after a number of appeals court rulings made prosecutions untenable, along with 46 others described by the task force as “too dangerous to release,” on the basis that there was insufficient evidence to put them on trial; in other words, that the information used to justify their imprisonment was not evidence at all, but, to a large extent, information obtained through the use of torture or other forms of abuse, or through the bribery of prisoners — who were given “comfort items” in exchange for their cooperation.

Of the 30 cases reviewed to date, 20 have resulted in recommendations that the men in question be released, seven men have had their ongoing imprisonment recommended, and three decisions have not yet been taken. That’s a success rate of 74%, but only nine of the 20 approved for release have been freed, and 35 others are still awaiting their reviews, even though, when the PRB process was first established, via an executive order in 2011, President Obama promised that they would be completed within a year. Read the rest of this entry »

Nine Yemenis Freed from Guantánamo to Saudi Arabia; 80 Prisoners Remain

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).Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.

Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.

The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” Read the rest of this entry »

Saifullah Paracha, 68-Year Old Pakistani Businessman, Has His Ongoing Imprisonment at Guantánamo Approved

Guantanamo prisoner Saifullah Paracha, in a photo taken several years ago by representatives of the International Committee of the Red Cross. He is wearing white, clothing reserved for the most compliant prisoners.Bad news from Guantánamo for Saifullah Paracha, a Pakistani businessman, a victim of kidnap, extraordinary rendition and torture, and, at 68, the prison’s oldest prisoner, as his ongoing imprisonment has been recommended by a Periodic Review Board, following a hearing on March 8, which I wrote about here. The PRB process involves 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 it was established in 2013 to review the cases of all the prisoners not already approved for release by President Obama’s  high-level, inter-agency Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, or facing trials (and just ten of the remaining 89 prisoners are in this latter category).

With this decision, 27 prisoners have had their cases decided, with 20 men approved for release, and just seven having their ongoing imprisonment approved. However, most of those approved for release were mistakenly described as “too dangerous to release” by the task force, while Paracha is from a smaller group of men initially recommended for prosecution until the basis for prosecutions largely collapsed, and in that group his is the second application for release that has been turned down, with just one success to date.

I have never found the case against Paracha — that he worked with Al-Qaeda in a plot or plots relating to the US — to be convincing, as he lived and worked as a successful businessman in the US from 1970-86, appears to be socially liberal, and has been a model prisoner at Guantánamo, where he has helped numerous younger prisoners engage with the various review processes established over the years. When his PRB took place, the authorities described him as as “very compliant” with the prison guards, with “moderate views and acceptance of Western norms.” 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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