Last week I reported the story of Tariq al-Sawah, the last Egyptian prisoner in Guantánamo, whose lawyers are seeking his release because “his health is too poor for him to pose any kind of threat.” Al-Sawah (also identified as Tarek El-Sawah), an explosives expert for al-Qaeda who became disillusioned with his former life and has cooperated extensively with the authorities in Guantánamo, is “in terrible shape after 11 years as a prisoner at Guantánamo Bay, a fact even the US military does not dispute,” as the Associated Press explained in a recent article. He is 55 years old, and as the AP also noted, his weight “has nearly doubled” in his long imprisonment, “reaching more than 420 pounds at one point, and his health has deteriorated as a result, both his lawyers and government officials concede.”
Al-Sawah’s request has not yet been ruled on, but, noticeably, it follows the recent success achieved by lawyers for Ibrahim Idris, a Sudanese prisoner who is severely schizophrenic. In Idris’s case, the Justice Department decided not to contest his habeas corpus petition — a first for the DoJ lawyers who are notorious for defending every detention, even those of prisoners cleared for release in January 2010 by President Obama’s inter-agency Guantánamo Review Task Force. Al-Sawah’s case is more complicated, because, although Idris was cleared for release by the task force, al-Sawah was recommended for prosecution – a decision that made no sense, as logic dictates that he should be released as a reward for his extensive cooperation, documented in this Washington Post article from 2010.
When I wrote about Tariq al-Sawah last week, I promised I would revisit his story to include further information from two detailed articles written by freelance journalist Tom Dale and published in the Egypt Independent in July last year and March this year, which shed more light on his case. Read the rest of this entry »
Two weeks ago, when lawyers in the US Justice Department decided — for the first time — not to contest the habeas corpus petition of a prisoner in Guantánamo, it was a cause for celebration. The man in question, Ibrahim Idris, a Sudanese man in his early 50s, is severely mentally ill, as he suffers from schizophrenia, and is also morbidly obese. As his lawyer Jennifer Cowan explained, “Petitioner’s long-term severe mental illness and physical illnesses make it virtually impossible for him to engage in hostilities were he to be released, and both domestic law and international law of war explicitly state that if a detainee is so ill that he cannot return to the battlefield, he should be repatriated.”
As I explained in my most recent article, “Some Progress on Guantánamo: The Envoy, the Habeas Case and the Periodic Reviews,” it is disgraceful that the Justice Department lawyers responsible for dealing with the Guantánamo prisoners’ cases have “vigorously contested every petition as though the fate of the United States depended on it.” I have long been outraged that, in particular, “petitions have been fought even when the men in question have been cleared for release by President Obama’s Guantánamo Review Task Force,” as I described it.
I am unable to explain why there has been no cross-referencing of cases between the task force (which involved officials from the Justice Department) and the Civil Division of the DoJ, or why Attorney General Eric Holder has maintained the status quo, and no other senior official, up to and including the President, has acted to address this troubling lack of joined-up thinking. However, it is to be hoped that it signals the possibility for further successful challenges by prisoners who are ill — as well as opening up the possibility for cleared prisoners to call for their release through the habeas process. Read the rest of this entry »
This investigative report is published simultaneously here, and on the website of the “Close Guantánamo” campaign, 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.
One of the greatest injustices at Guantánamo is that, of the 169 prisoners still held, over half — 87 in total — were cleared for release by President Obama’s interagency Guantánamo Review Task Force. The Task Force involved around 60 career officials from various government departments and the intelligence agencies, who spent the first year of the Obama Presidency reviewing the cases of all the remaining prisoners in Guantánamo, to decide whether they should be tried, released, or, in some cases, held indefinitely without charge or trial. The Task Force’s final report is here (PDF).
Exactly who these 87 men are is a closely held secret on the part of the administration, which is unfortunate for those of us working towards the closure of Guantánamo, as it prevents us from campaigning as effectively as we would like for the majority of these men, given that we are not entirely sure of their status. Attorneys for the prisoners have been told about their clients’ status, but that information — as with so much involving Guantánamo — is classified.
However, through recent research — into the classified military files about the Guantánamo prisoners, compiled by the Joint Task Force at the prison, which were released last year by WikiLeaks, as well as documents made available by the Bush administration, along with some additional information from the years of the Obama administration — I have been able to establish the identities of 40 men — 23 Yemenis, and 17 from other countries — who, between 2004 and 2009, were cleared for release by the Joint Task Force at Guantánamo, by military review boards under the Bush administration, or by President Obama’s Task Force, and to identify the official documents in which these decisions were noted. Read the rest of this entry »
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