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.

As the prison-wide hunger strike continues at Guantánamo, one of the key demands of campaigners — including myself and Tom Wilner, here at “Close Guantánamo” — has been for President Obama to appoint an official to oversee the closure of the prison, to replace Daniel Fried, the State Department official who oversaw the release of dozens of prisoners in 2009 and 2010, before Congress — and the President himself — raised obstacles to the release of prisoners.

Fried was reassigned in January this year, and no one was appointed to take his place, a message that was easily interpreted as a sign that President Obama and his administration had decided that the closure of Guantánamo was no longer a priority.

Yesterday, however, Attorney General Eric Holder told a news conference that, as Reuters reported it, the government “intends to revive a vacant position coordinating policy” for the prison at Guantánamo Bay. “We’re in the process of working on that now. We’re looking at candidates,” Holder told a news conference.

However, as Reuters added, “he did not say who the candidates were to fill the position of coordinating Guantánamo, or whether the person eventually appointed would work at the State Department, the White House or elsewhere.” Nevertheless, he stated that the administration will make “a renewed effort to close Guantánamo,” and, as Reuters noted, he also cited “the prison’s high cost and the impact on US relations with other nations.”

This is excellent news, although, as with President Obama’s fine words two weeks ago, it must be followed up with action. It is, however, a vindication for the more than 200,000 people who, in the last two weeks, have signed a petition on Change.org, launched by Col. Morris Davis, the former chief prosecutor of the military commissions at Guantánamo, calling for the appointment of a new official to drive the closure of the prison.

In addition, it is clearly also a response to high-level criticism from friends of the administration.

Sen. Carl Levin’s letter to the White House

Last Thursday, for example, Sen. Carl Levin (D-Mich.), the Chairman of the Senate Armed Services Committee, sent a letter to the Obama administration in which he “urged the White House to appoint an official to spearhead an interagency effort to oversee the process of relocating detainees at Guantánamo Bay who have been cleared for transfer.” His press release also stated, “Levin fought for a national security waiver that provides for the transfer of detainees in appropriate cases. More than 80 detainees who have been cleared for transfer are still awaiting departure from Guantánamo. Expediting this process is critical to advancing the goal of closing GITMO, as the president has called for.”

The text of Levin’s letter to the White House — to Kathryn Ruemmler, Assistant to the President and Counsel to the President — was as follows:

Dear Ms. Ruemmler:

At a press conference last week, President Obama reaffirmed his commitment to close the detention facility at Guantánamo (GITMO) because, as he pointed out, it is expensive, inefficient, damaging to the United States’ international standing, reduces the cooperation of our allies in countering terrorism, and serves as a recruiting tool for extremists. The President said he had asked his staff to review all options for addressing the GITMO issue and expressed the desire to re-engage with Congress on this.

I recognize that Congress has made the process of relocating GITMO detainees to third countries more difficult by imposing certification requirements on such transfers. However, more than a year ago, I successfully fought for a national security waiver that provides a clear route for the transfer of detainees to third countries in appropriate cases, i.e., to make sure the certification requirements do not constitute an effective prohibition.

I urge the President to appoint an official inside the White House to spearhead an interagency effort to determine which of the more than eighty detainees who have already been cleared for transfer by the Guantánamo Detainee Review Task Force meet the certification (and waiver) requirements, and to actively work for their transfer. High level leadership on detainee transfers is critical to advancing the goal of closing GITMO.

Thank you for your assistance in this matter.

Sincerely,

Carl Levin
Chairman

Harold Koh’s speech at the Oxford Union

In addition, Harold Koh, former Legal Advisor to the State Department, delivered a speech at the Oxford Union on May 7, in which he also called for the appointment of a senior official to oversee the closure of the prison.

Koh stated, “What the President’s team should recognize is that he does not need a new policy to close Guantánamo. He just needs to put the full weight of his office behind the sensible policy that he first announced in January 2009, reiterated at the National Archives in 2010, and reaffirmed in March 2011 … First, and foremost, he must appoint a senior White House official with the clout and commitment to actually make Guantánamo closure happen. There has not been such a person at the White House since Greg Craig left as White House Counsel in early 2010. There must be someone close to the President, with a broad enough mandate and directly answerable to him, who wakes up each morning thinking about how to shrink the Guantánamo population and close the camp.”

Koh proceeded to explain that this new Special Envoy “should work on the diplomatic steps needed to transfer either individually or en bloc some 86 detainees who were identified three years ago as eligible for repatriation to their home countries or resettlement elsewhere by an administration task force that exhaustively reviewed each prisoner’s file.”

He added, “The President should send the Envoy to Yemen to negotiate the block transfer, to a local rehabilitation facility, of those Yemeni detainees who were cleared for transfer, before those transfers were put on hold because of instability in that country” — echoing Sen. Dianne Feinstein’s recent call for renewed action to free the 86, who were cleared for release over three years ago by President Obama’s own inter-agency task force — and to resume transfers to Yemen of the 56 cleared prisoners who are Yemeni, and who, since President Obama imposed a ban on their release in the wake of the failed Christmas 2009 bomb plot, have been imprisoned on the basis of their nationality.

Providing further guidance, Koh stated, “Starting in 2010, Congress has used authorization bills to impose a series of counterproductive restrictions on the transfer of Guantánamo prisoners. But some of those restrictions are subject to waiver requirements and all must be construed in light of the President’s authority as commander-in- chief to regulate the movement of law-of-war detainees, as diplomat-in-chief to arrange diplomatic transfers, and as prosecutor-in-chief to determine who should be prosecuted and where. If Congress insists on passing such onerous and arguably unconstitutional conditions in the next National Defense Authorization Act, the President should call its bluff and forthrightly veto that legislation.”

Koh’s speech is also interesting for his thoughts on prosecutions and on the need for “periodic reviews” to be initiated for the 46 men who I recently described as the “forgotten prisoners” — those who, as Koh put it, the task force “concluded should remain held under rules of war that allow detention without charge for the duration of hostilities.”

*****

I urge those who are interested in the closure of Guantánamo to read Koh’s full speech, but for now the focus must be on finding an official to lead the closure of the prison, and not to allow the administration to take its eye off the ball, and on the need to release cleared prisoners as soon as possible.

As Tom Wilner, the co-founder of “Close Guantánamo,” who represented the Guantánamo prisoners in their cases before the Supreme Court in 2004 and 2008, stated in response to the news:

What is happening at Guantanamo today is both a terrible human tragedy and a continuing outrage to our values as Americans. These few Arab men, many of whom have long been cleared of any wrongdoing, have been deprived of their liberty and of any opportunity to see their families for more than 11 years. They are stranded at an island prison and largely ignored because they have no US constituency to speak on their behalf.

He added:

That is no longer tolerable. The president has the authority under existing law to transfer these men from Guantánamo and to close this prison. He must exercise that authority and, as the critical first step, he must appoint someone in the White House with the responsibility for getting the job done.

We look forward to hearing that someone has been appointed to this critically important position, and encourage you to maintain the pressure on the administration by signing Col. Davis’s petition.

Note: For other perspectives on the need to appoint a senior official to oversee the closure of Guantánamo and for President Obama to act urgently to secure the release of cleared prisoners, please watch “Guantánamo: From Crisis to Solution,” a panel discussion put together by the Constitution Project,  the National Religious Campaign Against Torture and the New America Foundation, which took place in Washington D.C. on May 10, 2013, and was broadcast by C-SPAN.

The panel discussion featured Rep. Jim Moran (D-VA), a longtime advocate for the closure of the prison, General David R. Irvine, USA (Ret.), a former intelligence officer and expert in prisoner-of-war interrogation with the Sixth Army Intelligence School, and a member of the Constitution Project’s Task Force on Detainee Treatment; Colonel Lawrence B. Wilkerson, USA (Ret.), former Chief of Staff to Secretary of State Colin Powell, and a member of the Constitution Project’s Liberty and Security Committee; Dr. George Hunsinger, Hazel Thompson McCord Professor of Systematic Theology at Princeton Theological Seminary and a founder of The National Religious Campaign Against Torture; Pardiss Kebriaei, senior staff attorney at the Center for Constitutional Rights; and Morris Davis, USA (Ret.), a former Air Force Colonel and the former Chief Prosecutor at the Office of Military Commissions at Guantánamo Bay. TCP Board member Kristine Huskey moderated the panel.

As the Constitution Project described it, Rep. Jim Moran “hosted a standing only briefing on Capitol Hill for Members of Congress and their staff,” in which the panel of experts “examined the ongoing hunger strike at Guantánamo Bay — which as of May 10 involved 100 of the 166 remaining detainees, 27 of whom were being force fed — and explored steps that can be taken to mitigate the current crisis, in particular by reducing the detainee population. All panelists agreed that President Obama must immediately begin transferring cleared detainees by exercising authority he has under current law.”

Andy Worthington is a freelance investigative journalist, activist, author, photographer and film-maker. He is the co-founder of the “Close Guantánamo” campaign, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here – or here for the US).

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the four-part definitive Guantánamo prisoner list, “The Complete Guantánamo Files,” an ongoing, 70-part, million-word series drawing on files released by WikiLeaks in April 2011. Also see the definitive Guantánamo habeas list and the chronological list of all Andy’s articles.

Please also consider joining the “Close Guantánamo” campaign, and, if you appreciate Andy’s work, feel free to make a donation.

With the prison-wide hunger strike at Guantánamo nearing the end of its third month (on Sunday), and even President Obama finally breaking his silence at a news conference on Tuesday — condemning the ongoing existence of the prison, but offering little in the way of solutions — I have been very busy with media appearances, as the mainstream media has woken up to the chronic injustice of Guantánamo in a convincing manner that — dare I say it — shows no sign of going away, as has the general public.

If you haven’t already signed it, please sign the petition calling for President Obama to close Guantánamo, which was launched this week by Col. Morris Davis, the former chief prosecutor of the military commissions, who resigned in protest at the Bush administration’s use of torture. In just a few days, the petition has already secured over 125,000 signatures, showing a depth of concern for the ongoing injustice of Guantánamo that has been imaginable for the last few years.

This is entirely appropriate, of course, as 166 men languish in Guantánamo, abandoned by all three branches of the US government — President Obama and his administration, Congress and the courts — including the 86 who were cleared for release at least three years ago by an inter-agency task force established the President Obama himself. Read the rest of this entry »

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.

As the hunger strike continues at Guantánamo — which we publicized here in two previous articles, “How Long Can the Government Pretend that the Massive Hunger Strike at Guantánamo Doesn’t Exist?” and “Voices from the Hunger Strike in Guantánamo” — we’re delighted to report that Tom Wilner, the co-founder of “Close Guantánamo” with Andy Worthington, had an opinion piece published in the Washington Post last week, which we’re cross-posting below.

Tom, who is on the steering committee of “Close Guantánamo” with Andy, was counsel of record to the Guantánamo prisoners in Rasul v. Bush and Boumediene v. Bush, the two Supreme Court cases that established the prisoners’ right to habeas corpus.

In his opinion piece, “Get serious about closing Guantánamo,” Tom ran through the reasons why the prisoners are in despair, after eleven years of imprisonment, in almost all cases without charge or trial, and four years after President Obama promised to close the prison, and established an interagency Guantánamo Review Task Force, who recommended that 86 of the remaining 166 prisoners should be released. They are still held, as Tom pointed out, because of Congressional opposition — and also, it should be noted, because of President Obama’s own inaction. Read the rest of this entry »

On Friday, the 11th anniversary of the opening of Guantánamo, myself and the attorney Tom Wilner, the steering committee of the “Close Guantánamo” campaign, held our annual reunion at the New America Foundation in Washington D.C. with Col. Morris Davis, the former chief prosecutor of the military commissions, who resigned in 2007, the day after he was placed in a chain of command under William J. Haynes II, the Pentagon’s senior lawyer and one of the Bush administration officials most involved in developing the administration’s notorious torture program. The event was moderated by Peter Bergen, the director of the National Security Studies Program at the New America Foundation.

For three years now, we have gathered on the anniversary of the opening of Guantánamo to call on President Obama to fulfill the promise to close the prison that he made on taking office in January 2009.

This year our call was more passionate, intense, and driven by righteous indignation than ever before. Read the rest of this entry »

Contact me from 10am Eastern Time on January 9 (until January 16) on 347-581-2677.

It’s over 24 hours since I arrived in the US, with the support of Witness Against Torture, World Can’t Wait and Close Guantánamo, for a series of events to mark the 11th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, Cuba, a shameful anniversary that should not have come to pass. Four years ago, when he took office, President Obama promised to close the prison within a year, but he failed to fulfil that promise. His lack of courage has been matched by opportunistic intervention from Congress, where lawmakers have passed legislation designed to thwart any efforts to close Guantánamo. To complete the failures of all three branches of the US government, the courts too have added their own contribution, with the D.C. Circuit Court gutting the habeas corpus rights of the prisoners, which lawyers spent many years fighting for, and the Supreme Court refusing to revisit the prisoners’ cases, when given the opportunity last year.

As I — and others who still care about the closure of Guantánamo — continue to point out, the ongoing existence of Guantánamo is an affront to all notions of justice and fairness. Distressingly, of the 166 men still held, 86 were cleared for release by President Obama’s interagency Guantánamo Review Task Force, and yet, through the combination of cowardice, indifference, opportunism and scaremongering outlined above, they remain held, even though one long-cleared prisoner, Adnan Farhan Abdul Latif, died at Guantánamo last September, and even though President Obama won reelection in November, and is now free to act to secure his legacy rather than focusing all his attention on campaigning — and not mentioning anything contentious. If he wants a legacy that doesn’t describe him, amongst other things, as the man who promised to close Guantánamo but then failed to do because it was politically inconvenient, he needs to act now. Read the rest of this entry »

I wrote the following article for the “Close Guantánamo” 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. 

CORRECTION: Please note that the panel discussion at the New America Foundation in Washington D.C. On January 11 will now take place at 10am, and not at 3pm, as listed below.

As the 11th anniversary of the opening of the “war on terror” prison at Guantánamo Bay approaches, we at “Close Guantánamo” are making our preparations for being in Washington D.C. to call on President Obama to fulfill the promise he made four years ago, when he took office, to close the prison for good.

At 12 noon on Friday January 11, 2013, the 11th anniversary of the opening of Guantánamo, the attorney Tom Wilner and the journalist Andy Worthington, who make up the steering committee of “Close Guantánamo,” will be joining members of 24 other groups outside the Supreme Court to call for the closure of Guantánamo. See Amnesty International’s page here, and the flyer here. Read the rest of this entry »

In the six months following the opening of the Bush administration’s cruel and lawless ”war on terror” prison at Guantánamo Bay, Cuba, on January 11, 2002, twelve Kuwaitis joined the hundreds of other “detainees” deprived of their rights as “enemy combatants.” In Guantánamo, these men were subjected to torture and abuse that was supposedly designed to produce “actionable intelligence,” but that, in reality, was a house of cards constructed of false statements made under duress  — not only in Guantanamo, but also in other “war on terror” prisons, including those where “high-value detainees” were held and tortured — or made by those who, having had enough of the abuse, volunteered false statements in exchange for better living conditions. (For more, see “The Complete Guantánamo Files,” my ongoing analysis of the classified military files released by WikiLeaks in April 2011).

Of the twelve Kuwaitis, ten were eventually released, between 2005 and 2009, but two remain — Fayiz al-Kandari and Fawzi al-Odah. Both men are victims of the false statements that plague the government’s supposed evidence, as I have repeatedly reported (see here, here and here, for example), but they are also victims of the legal fallout of the “war on terror”; namely, the limited opportunities for a review of their cases, through their habeas corpus petitions, which they and the other prisoners struggled to secure for many years.

Although the Guantánamo prisoners secured major victories in the Supreme Court in 2004 and 2008, when they were granted habeas corpus rights, the impact of those rulings has suffered from imprecise terms of reference, from an all-out assault by right-wing judges in the court of appeals in Washington D.C., who have conspired to gut habeas corpus of all meaning for the Guantánamo prisoners, and, most recently, through the complete indifference of the Supreme Court, which has refused to wrest control from the Circuit Court judges. Despite the absence of evidence against them, both Fayiz and Fawzi had their habeas petitions turned down (see here and here). Read the rest of this entry »

In the small hours of this morning, I posted the first set of photos on my new Flickr account, of my wanderings in New York in January, at the start of my two-week US tour to campaign for the closure of Guantánamo on the 10th anniversary of the opening of the prison.

My tour — my fifth visit to the US to call for the closure of Guantánamo, and to publicize the stories of the men held there — was organized by the campaigning group The World Can’t Wait, and in New York and Washington D.C., I spent a lot of time with The World Can’t Wait’s National Director, Debra Sweet, a relentless  campaigner for justice, who, very deservedly, recently won an American Humanist Award as a “Humanist Heroine.” Read the rest of this entry »

Last month, I was invited to visit Kuwait to try and help raise awareness of the need for the Kuwaiti people to push for their government to demand the release from Guantánamo of the last two Kuwaitis — out of 12 in total — to be held in Guantánamo. These two men are Fayiz al-Kandari and Fawzi al-Odah, and, like dozens of the 171 men still at Guantánamo, they are held, possibly with the intention that they will be held for the rest of their lives, not because there is any evidence that either of them ever raised arms against US forces or were involved in any way with any acts of international terrorism, but because of institutional cowardice within the Obama administration, and because of fearmongering in Congress, in the mainstream media and in a particular court of appeals in Washington D.C.

That court is the D.C. Circuit Court, where a number of prominent judges have whittled away at the habeas corpus rights that the Supreme Court granted the Guantánamo prisoners in June 2008 (and which led to the release of 26 prisoners between December 2008 and January 2011), gutting habeas corpus of all meaning for the Guantánamo prisoners, by demanding that the government’s supposed evidence be given the presumption of accuracy, even though it has been well established (in the 38 cases won by the prisoners, for example), that the supposed evidence is an unreliable mix of statements and confessions made by the prisoners themselves, or by their fellow prisoners, in circumstances where torture, coercion and even bribery were widely used by the interrogators, and of post-capture reports, compiled by US personnel in situations whereby the prisoners were actually seized by Afghan or Pakistani forces, at a time when generous bounty payments were being offered for anyone who could be dressed up as an al-Qaeda or Taliban suspect.

I wrote about my visit to Kuwait here and here, and posted videos of the Kuwaiti TV show that I took part in with Tom Wilner, my colleague in the new “Close Guantánamo” campaign and the US civilian lawyer for the two Kuwaitis, and I have since followed up with profiles of the two men on the “Close Guantánamo” website (written by Tom, his colleague Neil Koslowe and myself). My visit was organized by Lt. Col. Barry Wingard, the military defense attorney for Fayiz, who was put forward for a trial by military commission in November 2008, just before George W. Bush left office, and who, absurdly, remains a candidate for a trial by military commission, even though nothing that could objectively be called evidence exists in his case. I also met other members of Lt. Col. Wingard’s team, Adel AbdulHadi and Sanabil Jafar of the Al-Oula Law Firm, which represents Fayiz in Kuwait, Khalid al-Odah, the father of Fawzi al-Odah, and the head of the long-established Kuwaiti Freedom Project, and the former prisoner Fouad al-Rabiah, with whom I had lunch. Read the rest of this entry »

Originally posted on the “Close Guantánamo” website.

Last week, the attorney Tom Wilner and the journalist Andy Worthington (the steering committee of the “Close Guantánamo” project) were in Kuwait to raise awareness of the ongoing detention of Fayiz Al-Kandari and Fawzi Al-Odah, the last two Kuwaiti citizens in Guantánamo, and to encourage the Kuwaiti people and the government to push for their release, after ten long years in the terrible experimental prison at Guantánamo Bay, where justice has gone missing, and arbitrary detention has become the norm.

Please see here for videos of Tom and Andy (dubbed into Arabic) discussing the men’s cases on Kuwaiti TV (the Al-Rai channel), and emphasizing the need for concerted action to secure their release, along with subtitled clips from the documentary film, “Outside the Law: Stories from Guantánamo,” which Andy co-directed with Polly Nash. And see here for the petition for Fayiz, calling for the U.S. government to release him, which is hosted by Al-Oula Law, the website of his Kuwaiti lawyers. Read the rest of this entry »