I hope you have time to read my latest article for Al-Jazeera, “Guantánamo Forever,” and to like, share and tweet it if you find it useful. It covers the Periodic Review Boards (PRBs) at Guantánamo, convened to assess whether 46 prisoners designated for indefinite detention without charge or trial by the inter-agency task force that President Obama established after taking office in 2009, or 25 others designated for prosecution by the task force, should continue to be held without charge or trial, or whether they should be recommended for release — even if, ironically, that only means that they get to join the list of 76 other cleared prisoners who are still held. The review boards began in November, and have, to date, reviewed just three of the 71 cases they were set up to review. The fourth, reviewing the case of Ghaleb al-Bihani, a Yemeni, takes place on April 8.
The number of prisoners cleared for release (76) includes the first prisoner to have his case reviewed by a Periodic Review Board, which recommended his release in January, although my Al-Jazeera article is my response to the most recent activity by the review boards — the decision taken on March 5 to continue holding, without charge or trial, a Yemeni prisoner, Abdel Malik al-Rahabi, who has been at Guantánamo for over 12 years, and the review of Ali Ahmad al-Razihi, the third prisoner to have his ongoing detention reviewed, which took place at the end of March.
In the article I explain that the decision to continue holding Abdel Malik al-Rahabi, taken by 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, is a disgrace. Read the rest of this entry »
Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.
As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.
The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »
Last week, I wrote an article, “Guantánamo Prisoner Force-Fed Since 2007 Launches Historic Legal Challenge,” about Emad Hassan, a Yemeni prisoner who is challenging the US authorities’ self-declared right to force-feed him, following a ruling in February by the appeals court in Washington D.C., allowing legal challenges to go ahead and reversing rulings made by lower court judges last summer, who believed that their hands were tied by Bush-era legislation preventing any legal challenges to the running of Guantánamo.
Emad Hassan is one of the most persistent hunger strikers at Guantánamo, and has been on a permanent hunger strike — which has also involved him being force-fed — since 2007. The irony is that, throughout most of this whole period he could have been a free man, as he — along with 74 other men, out of the 154 still held — was cleared for release from Guantánamo by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in January 2009.
That he is held at all is a disgrace, but Yemenis make up 55 of the 75 cleared prisoners, and are held because of concerns about the security situation in their homeland. This is bad enough, given that this is a form of “guilt by nationality” that makes a mockery of establishing a task force review process that is supposed to lead to the release of prisoners, but when it also transpires that some of these men — like Emad — are being force-fed instead of being freed, we are in a place of such dark and surreal injustice that it appears to have no parallel. Read the rest of this entry »
A few days ago, I was delighted to be interviewed by Scott Horton for his radio show. Scott and I first spoke about six and a half years ago, and have spoken numerous times since. Our latest half-hour interview is here, and I hope you have time to listen to it, and to share it if you find it useful.
This time around, Scott was interested in hearing the latest news from Guantánamo, but had also picked up on my recent article highlighting the fact that, on February 7, it was 12 years since President Bush issued a memo explaining that the Geneva Conventions didn’t apply to Taliban and al-Qaeda prisoners seized in the “war on terror,” a memo that opened the floodgates to the use of torture.
This only officially came to an end after the Supreme Court reminded the Bush administration, in Hamdan v. Rumsfeld in June 2006, that all prisoners — with no exceptions — are entitled to the protections of Common Article 3 of the Geneva Conventions, which prohibit “cruel treatment and torture,” and “outrages upon personal dignity, in particular humiliating and degrading treatment.” Even then, although the CIA’s torture program came to an end, torture techniques migrated immediately to the Army Field Manual, which was reissued with the addition of Appendix M, containing those techniques. 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.
This is a grim time of year for anniversaries relating to Guantánamo. Two days ago, February 6, was the first anniversary of the start of last year’s prison-wide hunger strike, which woke the world up to the ongoing plight of the prisoners — over half of whom were cleared for release by a Presidential task force over four years ago but are still held.
The hunger strike — which, it should be noted, resumed at the end of last year, and currently involves dozens of prisoners — forced President Obama to promise to resume releasing prisoners, after a three-year period in which the release of prisoners had almost ground to a halt, because of opposition in Congress, and President Obama’s unwillingness to overcome that opposition, even though he had the power to do so.
To mark the anniversary, a number of NGOs — the ACLU, Amnesty International, the Center for Constitutional Rights, Human Rights First and Human Rights Watch — launched a campaign on Thursday, “Take a Stand for Justice,” encouraging people to call the White House (on 202-456-1111) to declare their support for President Obama’s recent call for Guantánamo to be closed for good (in his State of the Union address, he said, “With the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantánamo Bay”). Please call the White House if you can, and share the page via social media. Read the rest of this entry »
In the long search for accountability for the torturers of the Bush administration, which has largely been shut down by President Obama, lawyers and human rights activists have either had to try shaming the US through the Inter-American Commission on Human Rights, or have had to focus on other countries, particularly those that hosted secret CIA torture prisons, or had explicit involvement in extraordinary rendition.
Successes have been rare, but hugely important — the conviction of CIA officials and operatives in Italy, for the blatant daylight kidnap of Abu Omar, a cleric, on a street in Milan in February 2003, and the court victory in Macedonia of Khaled El-Masri, a German citizen kidnapped in Macedonia, where he had gone on a holiday, and sent to a CIA “black site” in 2003 until the US realized that his was a case of mistaken identity. In the UK, the whiff of complicity in torture at the highest levels of the Blair government led to pay-offs for the British nationals and residents sent to Guantánamo.
Court cases were also launched in Spain, although they were suppressed, in part because of US involvement (under President Obama), and currently there are efforts to hold the US accountable before the African Commission on Human and Peoples’ Rights for its use of Djibouti in a number of cases involving “extraordinary rendition” and “black sites.” Read the rest of this entry »
Nearly eight years ago, I began researching Guantánamo and the 779 men (and boys) held there, writing about them, and campaigning to get the prison closed. I spent that first 14 months researching and writing my book The Guantánamo Files, based, largely, on 8,000 pages of documents publicly released by the Pentagon, and, since May 2007, I have continued to write about the men held there, to expose the lies told in the “war on terror,” and to push for the prison’s closure — as a full-time independent investigative journalist.
As I prepare to embark on my quarterly fundraising appeal (in which I’m hoping to raise $2500 to support my work for the next three months), please click on the “Donate” button above to donate via Paypal if you can help to support my work, which is largely funded by you, my readers and supporters. Most of the 138 articles I wrote in this period were written without any financial support except your donations.
In January 2010, I began to put together chronological lists of all my articles, in the hope that doing so would make it as easy as possible for readers and researchers to navigate my work — the 2,120 articles and pages I have published in the last six and a half years.
This 14th list — which began with my annual visit to the US to campaign for the closure of Guantánamo, on the anniversary of its opening in 2002 – marked a renewed focus on Guantánamo, after the men still held embarked on a prison-wide hunger strike that awakened the world’s media to the ongoing injustices of Guantánamo, and put pressure on President Obama to revisit his failed promise to close Guantánamo and to resume releasing prisoners, which he had largely stopped doing three years ago when confronted by opposition in Congress. In the last three years, just ten prisoners have been released, even though 82 of the remaining 162 prisoners were cleared for release in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009. Read the rest of this entry »
On Monday and Tuesday, as I explained in a subsequent article, “an important step took place in the quest for those who ordered and undertook torture in the Bush administration’s ‘war on terror’ to be held accountable for their actions,” when a ground-breaking hearing took place in Strasbourg. For the first time since the start of the “war on terror” and the abuses that, in particular, took place between 2002 and 2006, the European Court of Human Rights listened to evidence about the role of the Polish authorities in the extraordinary rendition, secret detention and torture of two men currently held in the US prison at Guantánamo Bay, Cuba — Abu Zubaydah and Abd al-Rahim al-Nashiri.
Both men were held at a secret prison at Stare Kiejkuty in the northeast of the country, between December 2002, when they were moved from a previous CIA “black site” in Thailand, until October 2003, when they were moved for five months to “Strawberry Fields,” a secret facility in Guantánamo, until the Bush administration realized that the Supreme Court was about to grant the Guantánamo prisoners habeas corpus rights, thereby allowing lawyers to visit and to shatter the secrecy that was necessary for torture abuse to take place unchallenged. They were then shunted around other “black sites” in Romania, Lithuania and Morocco, until they were returned to Guantánamo in September 2006, with 12 other “high-value detainees” held in “black sites” for several years.
Writing about the hearing, Crofton Black, an investigator with Reprieve, one of the organizations representing Abu Zubaydah, stated that the court had “heard overwhelming and uncontested evidence that the CIA was running a secret torture prison on Polish soil, with the Polish government’s knowledge.” As I wrote in my article, “although I am prepared for disappointment, I certainly hope that the European Court of Human Rights will find that the Polish authorities acted unlawfully in hosting a CIA ‘black site’ on their territory.” Read the rest of this entry »
On Monday and Tuesday, an important step took place in the quest for those who ordered and undertook torture in the Bush administration’s “war on terror” to be held accountable for their actions, when the European Court of Human Rights in Strasbourg held a hearing to examine the role of the Polish authorities in the extraordinary rendition, secret detention and torture of two men currently held in the US prison at Guantánamo Bay, Cuba — Abu Zubaydah and Abd al-Rahim al-Nashiri.
Both men are amongst the 14 “high-value detainees” who arrived at Guantánamo in September 2006 after years of incommunicado detention and torture in a variety of CIA “black sites,” one of which was in Poland, and as Interights, the International Centre for the Legal Protection of Human Rights, explained in a news release, “This historic court hearing [is] the first time a European country has been taken to court for allowing the CIA to run a torture site on its territory and comes after years of silence from the Polish government about the CIA’s prison there.”
The cases of these two men are enormously significant for everyone seeking accountability, as they are two of only three prisoners whom the US had admitted were subjected to waterboarding, the ancient torture technique that involves controlled drowning. With another “high-value detainee,” Ramzi bin al-Shibh, they were the only men held at a CIA “black site” in Thailand prior to their transfer to Poland in December 2002. In October 2003, they were moved to a secret “black site” within Guantánamo, identified as “Strawberry Fields,” and were then moved around a number of other CIA “black sites” in Romania, Lithuania and Morocco until their eventual return to Guantánamo in 2006. Read the rest of this entry »
On Tuesday, out of nowhere, the Associated Press ran a story about a secret prison at Guantánamo that attracted a huge amount of attention from the media around the world — more attention, in fact, than at any time since the prison-wide hunger strike earlier this year, which, surprisingly, managed to retain much of the media’s attention for several months.
That, however, was a current story, whereas the AP’s story dealt with a secret facility that apparently existed between 2003 and 2006, in a now overgrown clearing at the end of a dirt road behind a ridge near the administrative offices of the prison.
There, in eight small cottages, the CIA housed and trained a handful of prisoners they had persuaded to become double agents, according to Adam Goldman and Matt Apuzzo, who spoke to around ten current and former US officials for their story. All spoke anonymously “because they were not authorized to publicly discuss the secret program.”
Goldman and Apuzzo described the program as “a risky gamble,” because although the double agents might locate terrorist leaders for them, they might also turn against their employers. That, of course, is always a problem with double agents, although the AP was correct to note the stench of hypocrisy when it came to recruiting double agents at Guantánamo. “At the same time the government used the threat of terrorism to justify imprisoning people indefinitely,” Goldman and Apuzzo wrote, “it was releasing dangerous people from prison to work for the CIA.” Read the rest of this entry »
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