Close Guantánamo, Free the Afghans

In the coverage of the ongoing, prison-wide hunger strike at Guantánamo, which is now in its fourth month, there has been widespread recognition that it is unacceptable to indefinitely detain the 86 prisoners (out of 166 in total) who were cleared for release over three years ago by the President’s own inter-agency task force. These men are still held because of Presidential inertia, Congressional obstruction, and the failures of some branches of the US judiciary to uphold justice.

56 of these 86 men are Yemenis, and, in some quarters, it has also been accepted that the ban President Obama imposed on releasing cleared Yemenis from Guantánamo, following a failed airline bomb plot on Christmas Day 2009 that was hatched in Yemen, constitutes collective punishment, and is also fundamentally unacceptable because it means that prisoners whose release was recommended by the President’s own task force continue to be detained not because of what they have done, but because of what they might do in future.

Of the 30 others, however, there has been little or no discussion beyond a recognition that one of them, Shaker Aamer, a British resident with a British wife and four British children, could and should be released immediately.

Around a dozen of these 30 men cannot be repatriated, as they are from countries to which it is not safe to return — China, for example, in the case of the three remaining Uighur prisoners (Muslims from Xinjiang province who face government persecution), and war-torn Syria, which has four cleared prisoners. Read the rest of this entry »

Why Does the Government So Desperately Want Indefinite Detention for Terror Suspects?

What is the government doing? Last year, when Congress passed the National Defense Authorization Act (NDAA), with its contentious passages endorsing the mandatory military detention of terror suspects, there was uproar across the political spectrum from Americans who believed that it would be used on US citizens.

In fact, it was unclear whether or not this was the case. The NDAA was in many ways a follow-up to the Authorization for Use of Military Force, passed by Congress the week after the 9/11 attacks, which authorized the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

As confirmed by the Supreme Court in June 2004, in Hamdi v. Rumsfeld, the NDAA also allowed those seized — who were allegedly involved with al-Qaeda and/or the Taliban — to be held until the end of hostilities. The AUMF was, and remains the basis for the detention of prisoners at Guantánamo, but on two occasions President Bush decided that it applied to US citizens — in the cases of Jose Padilla and Yaser Hamdi, who were held on US soil as “enemy combatants” and subjected to torture. Read the rest of this entry »

US in Talks to Return the 17 Afghan Prisoners in Guantánamo

Earlier this year, there was much discussion in the US media about the possibility that, as part of negotiations aimed at securing peace in Afghanistan, the US would release five high-level Taliban prisoners in Guantánamo to Qatar, where they would be held under a form of house arrest.

Those plans came to nothing, but last week the Associated Press reported that the Obama administration was “considering a new gambit to restart peace talks with the Taliban,” which would involve some — or all — of the 17 remaining Afghan prisoners still held in Guantánamo being transferred to Afghanistan, to be held in the Parwan Detention Facility near Bagram, the huge prison established to replace the original prison at Bagram, where several prisoners were killed in the early years of the “war on terror.”

As part of the Obama administration’s 2014 deadline for withdrawing forces from Afghanistan, the Parwan Detention Facility is scheduled to be transferred to Afghan control in September this year, and the fate of the remaining Afghans in Guantánamo is clearly part of the negotiations for all parties involved — the Taliban and the Karzai government, as well as the US. Read the rest of this entry »

The Permanent Injustice of Guantánamo

Last summer, I wrote an article reviewing ten years of Guantánamo for the Future of Freedom Foundation, for whom I write a weekly column for their online Email Update. This article, however, was for their monthly magazine, Freedom Daily. It was published in the January 2012 issue, to coincide with the 10th anniversary of the opening of Guantánamo on January 11, 2012, and was published online on April 12, and I’m cross-posting it here in the hope that it will provide other readers with an understanding of the depth of the lawlessness that has prevailed at Guantánamo for the last ten years.

The Permanent Injustice of Guantánamo
By Andy Worthington, Freedom Daily, January 2012

When the prison at Guantánamo Bay, Cuba opened on January 11, 2002 as part of the Bush administration’s global “war on terror,” in response to the terrorist attacks of September 11, 2001, it was not immediately apparent that it was a dangerous aberration from recognized laws and treaties that would tarnish America’s name forever.

There had been hints that this was the case — primarily, the fact that a war had been declared when a crime had taken place, and the military order issued by the President in November 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” in which he stated that members of al-Qaeda or those who harbored them could be held by the US military and, if required, subjected to military trials.

Also worrying, when Guantánamo opened, were the photos of the first prisoners to arrive at the prison, shackled in orange jumpsuits, and subjected to sensory depravation, with their eyes and ears closed with blackout goggles and headphones. The photos shocked many of America’s supporters, if not Americans themselves, who were used to orange jumpsuits from their domestic prisons, and had been primed relentlessly since the 9/11 attacks to enthuse over Wild West-style vengeance, and not to ask too many questions. Read the rest of this entry »

The “Taliban Five” and the Forgotten Afghan Prisoners in Guantánamo

In the last three months, much discussion has focused on the possibility that, as part of negotiations aimed at securing peace in Afghanistan, the US would release five high-level Taliban prisoners in Guantánamo. Almost entirely forgotten are 12 other Afghan prisoners at Guantánamo, who are mostly so insignificant that they have no one to lobby for them, and are being rather disgracefully overlooked.

The first information about discussions regarding the release of prisoners emerged in a Reuters article on December 19 last year, which explained how secret negotiations between the US government and the Taliban had begun ten months earlier. As part of “the accelerating, high-stakes diplomacy,” Reuters explained, the US was “considering the transfer of an unspecified number of Taliban prisoners from the Guantánamo Bay military prison into Afghan government custody.”

The day after, at a UN Security Council debate on Afghanistan, the Afghan deputy foreign minister Jawed Ludin “stressed the government’s determination to pursue reconciliation efforts despite Taliban attacks and assassinations,” as AFP described it. “We believe the process may benefit from the establishment of an office, within or outside Afghanistan, whereby formal talks between relevant Afghan authorities and representatives of armed opposition, including the Taliban, could be facilitated,” Ludin told the council, and AFP noted that Afghan authorities had “put forward Saudi Arabia or Turkey as the best places to set up a Taliban liaison office abroad to enable peace talks to end the devastating 10-year insurgency.” Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Three 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 hopefully be completed later this year, although that is contingent on finding new funding.

This is Part 33 of the 70-part series. 411 stories have now been told. See the entire archive here.

In late April last year, I worked with WikiLeaks as a media partner for the publication of 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. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, 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. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

To Mark 10 Years of Guantánamo, Stern Magazine Profiles Five Former Prisoners

Last week, when I cross-posted an article written for the 10th anniversary of the opening of Guantánamo by my friend Todd Pierce, I also noted that when I visited the US in January to campaign for the closure of Guantánamo Bay, I was so busy that I did not have time to cross-post other articles of interest that were published at the time, and added, “In the hope of keeping alive some of that spirit of awareness about the ongoing injustice of Guantánamo that flickered briefly to life around the anniversary, I’m planning to cross-post some of these articles.”

After starting with Todd’s article, I’m now moving on to a detailed article that was published in Germany’s Stern Magazineavailable here as a PDF, and helpfully translated into English for Cageprisoners, via Google Translate, in a translation that I have tidied up.

The article features interviews with five former prisoners — Sami al-Laithi (aka el-Leithi), an Egyptian; Omar Deghayes, a British resident; Mohammed el-Gharani, a Chadian and former child prisoner; Mullah Abdul Salam Zaeef, an Afghan and a former Taliban ambassador; and Abu Bakker Qassim, a Uighur (a Muslim from China’s Xinjiang province) released from Guantánamo to Albania. The stories of all of these men have been reported before, but fresh eyes and ears are also ways useful to continue to expose the horrific history of Guantánamo, and its ongoing injustices, and the Stern article also featured a collection of powerful photos, as well as quotes from other prisoners — David Hicks (from Australia), Murat Kurnaz (from Germany) and Moazzam Begg (from the UK). Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Two of Ten)

Please support my work!

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 spring 2012.

This is Part 32 of the 70-part series. 399 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of 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. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, 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. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?

When it comes to Guantánamo, the prisoners held in the Bush administration’s experimental prison have mostly been abandoned by those who should have acted on their behalf in all three branches of government –  the executive branch, Congress and the judiciary.

In June 2004, for a brief moment, George W. Bush’s excesses were checked by the Supreme Court, which, in Rasul v. Bush, took the unprecedented move of granting habeas corpus rights to prisoners seized in wartime, after recognizing that the Bush administration had shunted aside the Geneva Conventions in favor of a unprecedented system of arbitrary detention.

In this system, the US government decided that all its actions relating to terrorism and the perceived threat from al-Qaeda and the Taliban (essentially regarded as interchangeable with al-Qaeda because they had “hosted” Osama bin Laden in Afghanistan) constituted part of a “war on terror,” and decided that everyone seized could be held, without anyone bothering to ascertain whether they had been seized by mistake, as “illegal enemy combatants,” who literally had no rights whatsoever, either as human beings or as prisoners. Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part One of Ten)

Please support my work!

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 spring 2012.

This is Part 31 of the 70-part series. 386 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of 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. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, 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. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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