Guantánamo, The Torture Report and Human Rights Day: America’s Unaddressed Legacy of Torture and Arbitrary Detention

A graphic dealing with CIA torture report, whose executive summary was released in December 2014.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

This time of year has always been a significant time for anyone concerned with human rights to reflect on what has or hasn’t been achieved in the last twelve months, and to make plans for the new year.

A crucial, and long established date is December 10, which the United Nations designated as Human Rights Day in 1950, on the second anniversary of the ratification by the UN of the Universal Declaration of Human Rights (UDHR), which, in a Facebook post on Human Rights Day, I described as “probably the most wonderful aspirational document in human history, born out of the soul-churning horrors of the Second World War.”

The UN, on its Human Rights Day page, says of the UDHR that it “sets out universal values and a common standard of achievement for all peoples and all nations. It establishes the equal dignity and worth of every person. Thanks to the Declaration, and States’ commitments to its principles, the dignity of millions has been uplifted and the foundation for a more just world has been laid. While its promise is yet to be fully realized, the very fact that it has stood the test of time is testament to the enduring universality of its perennial values of equality, justice and human dignity.”

Amongst the UDHR’s 30 articles are prohibitions on the use of torture and cruel, inhuman or degrading treatment or punishment, and arbitrary arrest, as well as the presumption of innocence and the right to a fair trial, all of which have long been of great significance to those like myself who have been writing about Guantánamo and working to get the prison closed. Read the rest of this entry »

Torture Accountability in Canada: After Payments to Three Men Tortured in Syria, Former Guantánamo Prisoner Djamel Ameziane Also Seeks Damages

Abdullah Almalki (center), with Muayyed Nureddin (left) and Ahmad El Maati (right) at a news conference in Ottawa in October 2007 (Photo: Reuters).Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

There was some very welcome news from Canada last week, when three Canadian citizens — Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin — were paid $31.25 million (around $25m US dollars, or £18.7m) by the Canadian government as compensation for the government’s key role, via the spy agency CSIS (the Canadian Security Intelligence Service) and RCMP (the Royal Canadian Mounted Police), in arranging for them to be imprisoned and tortured in Syria between 2001 and 2003, when they were wrongly suspected of having some involvement with terrorism.

As the Toronto Star explained on October 26, “The payout was kept secret until this month and is part of a legal settlement that was first reported by the Star in February and announced by the Liberal government weeks later.”

The Star added, “The resolution and accompanying government apology put an end to a nine-year court battle for compensation that has been demanded since 2008,” when then-Supreme Court justice Frank Iacobucci concluded, in a report on their cases, that “Canadian agents labelled the men Islamic extremists and shared information with other countries without proper precautions about its unreliability.” Read the rest of this entry »

Mohamedou Ould Slahi: One Year of Freedom, and the Uncensored Version of “Guantánamo Diary”

Mohamedou Ould Slahi (aka Salahi) as he appears on his Twitter account.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three 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.

Just over a year ago, one of Guantánamo’s most celebrated prisoners, Mohamedou Ould Slahi, was released from the prison and sent back to his home country, Mauritania, after a review process at Guantánamo — a Periodic Review Board — recommended his release in July 2016.

Shamefully, this was over six years after a US federal court judge ordered his release, after Slahi’s lawyers submitted a habeas corpus petition on his behalf. In April 2010, Judge James Robertson found that the government “had failed to establish that what looked suspicious in his case — primarily, the fact that he was related to senior Al-Qaeda member Abu Hafs, and, while living in Germany, had met some of the 9/11 hijackers and had helped them to visit Afghanistan for military training — was actually evidence of involvement with Al-Qaeda.”

The government, however, refused to accept Judge Robertson’s ruling, and appealed, and in November 2010 the D.C. Circuit Court vacated that ruling, sending it back to the lower court to be reconsidered, where, as I described it in an article about Slahi’s case in April 2016, “it has languished ever since, mocking all notions of justice every day it has remained unaddressed.” Read the rest of this entry »

Guantánamo Hunger Striker Ahmed Rabbani, Left to Die by Trump, Calls for “Basic Justice – a Fair Trial or Freedom”

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at Reprieve, and taken before his weight dropped to under 100 pounds as a hunger striker.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

It’s now nine days since the international human rights organization Reprieve issued a shocking press release, explaining that two clients at Guantánamo, the Pakistani Ahmed Rabbani, and Khalid Qassim (aka Qasim), a Yemeni, both hunger striking to protest about the injustice of their seemingly endless imprisonment without charge or trial, had told them that, since September 20, following new instructions from Donald Trump, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”

I immediately wrote an article about the news, and was, frankly, astonished that it took another four days for the mainstream media to respond — and when that happened, it was just the New York Times paying attention, and, to my mind, giving too much credibility to the authorities, via a spokesman who claimed that the military’s “11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect.” Given the lies we have heard from the military at Guantánamo over the years, I asked, in an analysis of the New York Times article, why we should trust them.

Expanding on the story further, Reprieve, on Thursday, secured coverage in Newsweek — a description of the current situation, made in a phone call to Clive Stafford Smith, the founder of Reprieve, by Ahmed Rabbani, who has been at Guantánamo, without charge or trial, for just over 12 years, and who, before that, was held and tortured for 545 days in CIA “black sites” including the disgusting “black site” in Afghanistan, codenamed COBALT, which was known to the prisoners as the “dark prison.” Read the rest of this entry »

Ten Years On, Guantánamo’s Former Chief Prosecutor on Why He Resigned Because of Torture, and How It Must Never Be US Policy Again

A panel at the New America Foundation on January 11, 2012, discussing Guantanamo on the 10th anniversary of the opening of the prison. From L to R: Tom Wilner, Morris Davis, Andy Worthington and Jim Moran.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Ten years ago, a significant gesture against the torture program introduced by the administration of George W. Bush took place when Air Force Col. Morris Davis, the chief prosecutor of the military commission trial system at Guantánamo Bay, resigned, after being placed in a chain of command below two men who approved the use of torture. Davis did not, and he refused to compromise his position — and on the 10th anniversary, he wrote an op-ed for the Los Angeles Times, reiterating his implacable opposition to torture, his incredulity that we are still discussing it ten years on, and his hopes for accountability, via the fact that, in August, torture architects James Mitchell and Bruce Jessen settled a lawsuit brought against them by three men tortured in CIA prisons, and also because, in the near future, “a citizen-led group, the North Carolina Commission of Inquiry on Torture, will hold a public hearing to take testimony from people who were involved in and affected by the interrogation program designed by Mitchell and Jessen.”

I’m cross-posting the op-ed below — but first, a little background.

I remember Col. Davis’s resignation, as it took place just a few months after I’d started writing about Guantánamo on an almost daily basis, and I knew it was a big deal, although I didn’t know the extent of it at the time. I did know, however, that he was not the first prosecutor to resign. Four resigned before him, including Marine Lt. Col. Stuart Couch, who was supposed to prosecute the Mauritanian Mohamedou Ould Slahi, but refused to because of the torture to which he had been subjected, and  prominent resignation after him was of Lt. Col. Darrel Vandeveld, called upon to unjustly prosecute a former child prisoner, Mohamed Jawed, whose story I covered in detail at the time (see, for example, The Dark Heart of the Guantánamo TrialsMeltdown at the Guantánamo TrialsFormer Guantánamo Prosecutor Condemns “Chaotic” Trials in Case of Teenage Torture Victim and Former Insider Shatters Credibility of Military Commissions). Read the rest of this entry »

Life After Guantánamo: The Story of Mourad Benchellali, Freed 13 Years Ago But Still Stigmatized

Former Guantanamo prisoner Mourad Benchellali, who was released in 2004, but is still not free from the unjustified stigma of having been in Guantanamo.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Three weeks ago, around the 16th anniversary of the 9/11 attacks, there was a sudden flurry of media interest in Guantánamo, which was reassuring amidst the general indifference about the prison since Donald Trump became president. Most of the articles published focused on the alleged perpetrators of the attacks, and the inability of the military commission trial system to deliver justice because of its own inadequacies, and because the men allegedly responsible were all tortured for years in secret prisons run by the CIA, which I covered at the time, while others looked at former prisoners’ stories.

Four days after the anniversary, for example, the New York Times published a moving article by Mansoor Adayfi, resettled in Serbia last year, which I cross-posted here with my own commentary, while Al-Jazeera profiled Mourad Benchellali, a French national who was released in 2004, and has since become known for his efforts to prevent the radicalization of impressionable young people.

I’ve known about Benchellali’s story since I first began researching Guantánamo 12 years ago, in the fall of 2015, because the stories of most of the European nationals freed from the prison were well-reported — and contributed enormously to people’s general understanding of how malignant a project Guantánamo really is. Read the rest of this entry »

14 Years On, US Court Rules that Iraqis Tortured at Abu Ghraib Can Sue US Contractor

Al-Jazeera journalist Salah al-Ejaili, in a screenshot from an appearance on Democracy Now!Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Great news from the Fourth Circuit Court of Appeals in Virginia, where three survivors of torture at the notorious Abu Ghraib prison in Iraq by employees of a private military contractor, CACI Premier Technology, have finally been told that their case can proceed, 14 years since they were initially held, and over nine years since the case was first filed.

It is now so long since the torture took place that younger readers may be unaware of Abu Ghraib, the prison in Iraq where photos of abuse first surfaced publicly in April 2004, shocking Americans in a way that nothing had previously despite there being such a wide array of brutal, counter-productive policies undertaken in the wake of the 9/11 attacks — from Afghanistan to Iraq, and from “black sites” and proxy torture prisons to Guantánamo. As they say — and this is a sad truth for a writer to acknowledge — a picture is worth a thousand words.

The three men are Suhail Najim Abdullah Al Shimari, Asa’ad Hamza Hanfoosh Zuba’e and Salah Hasan Nusaif Al-Ejaili, and their lawyers at the New York-based Center for Constitutional Rights (CCR) stated in a press release after the ruling that the men, “formerly detained at the infamous ‘hard site’ at the Abu Ghraib prison in Iraq were subjected to treatment that could constitute torture or cruel, inhuman and degrading treatment,” according to the judge who allowed the case to proceed, Judge Leonie Brinkema. Read the rest of this entry »

EXCLUSIVE: Fears for Long-Term Hunger Striker at Guantánamo: Lawyers Urge Court to Order Independent Medical Examination

Guantanamo prisoner Sharqawi al-Hajj and some text summarizing his predicament in September 2017.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

On Wednesday, in a story that has not been reported elsewhere, the New York-based Center for Constitutional Rights (CCR) filed an emergency motion asking for an independent medical examination and medical records for Sharqawi al-Hajj, a Yemeni held without charge or trial at Guantánamo since September 2004, who, as CCR put it, “was held in secret detention and brutally tortured for over two years” before his arrival at Guantánamo.

CCR submitted an emergency motion after al-Hajj, who recently embarked on a hunger strike, and refused to submit to being force-fed, “lost consciousness and required emergency hospitalization.”

In the most chilling line in their press release about the emergency motion, CCR noted, “As of a recent phone call with his attorneys, Al Hajj was still on hunger strike and weighed 104 pounds.”

As CCR explained, “His hunger strike compounds long-standing concerns about his health. Prior to his detention, Al Hajj was diagnosed with the Hepatitis B virus, an infection affecting the liver that can be life-threatening, and experiences chronic, potentially ominous related symptoms, including jaundice, extreme weakness and fatigue, and severe abdominal pain.” Read the rest of this entry »

11 Years After CIA Torture Victims Arrived at Guantánamo, Whistleblowers Joseph Hickman and John Kiriakou on How Torture “Became Legal” After 9/11

Joseph Hickman and John Kiriakou, former US whistleblowers and authors of 'The Convenient Terrorist', a new book about the US torture program, with a particular focus on Abu Zubaydah.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 next three 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.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

Detailed Los Angeles Review of Books Article Asks, “What Are We Still Doing in Guantánamo?”

A prisoner being moved by guards in Camp Six at Guantanamo (Photo: J. Moore, Getty Images).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 next three months of the Trump administration.

 

As we approach the 16th anniversary of the terrorist attacks of September 11, 2001, those of us who care about justice, the rule of law and a sense of proportion will also be attempting to remind the world that we’re just four months away from another 16th anniversary, directly released to 9/11 — the opening of the prison at Guantánamo Bay, which took place on January 11, 2002.

Ostensibly a prison for “the worst of the worst,” seized in the “war on terror” that the Bush administration declared in the wake of the 9/11 attacks, Guantánamo has, instead, become, to those who care, a symbol of everything that is wrong with the US response to 9/11 — a place where men seized through dubious intelligence, or bought for bounty payments from America’s allies in Pakistan and Afghanistan, were tortured or abused to make false statements incriminating themselves or their fellow prisoners, and are held, mostly without charge or trial, in defiance of domestic and international laws and treaties establishing how prisoners can only be held if they are criminal suspects facing trials, or prisoners of war protected by the Geneva Conventions,

The Guantánamo prisoners are neither, and are, still, men held essentially without any rights, although unfortunately most people — or most Americans, in particular — neither know nor care, and 15 years and eight months after the prison opened, the 41 men still held are at the mercy of the third president in charge of their fate — Donald Trump, who, rather than accepting that Guantánamo is an aberration that must be closed (as George W. Bush eventually realized, and Barack Obama knew all along, despite lacking the political will to deliver on his promise to close it), intends to officially keep it open, and, if he can manage it, to send new prisoners there — a plan that anyone rational abhors, although, unfortunately, rational thought is currently quite severely endangered, especially, it seems, in the Republican Party. 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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