Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

Emptying Guantánamo: Obama to Release 17 or 18 Prisoners Before Trump Takes Over

Muieen Abd al-Sattar, a stateless Rohingya Muslim, who is not one of the men who will be released before President Obama leaves office, despite having been approved for release in 2009. The photo is from the classified military files released by WikiLeaks in 2011.Please support my work! I’m currently trying to raise $3000 (£2400) to support my writing and campaigning on Guantánamo into the new year.

 

Excellent news from Guantánamo yesterday, as Charlie Savage, in the New York Times, confirmed what those of us seeking the prison’s closure had hoped — that the majority of the 22 men approved for release (out of the 59 men still held) will be freed before President Obama leaves office.

Because of requirements put in place over many years by a hostile Congress, the Pentagon must notify Congress 30 days before a release — a “transfer” — is to take place, and the deadline for securing releases before Obama leaves office was therefore this Monday, December 19. By late in the day, officials told the Times, the administration had secured homes for 17 or 18 of the remaining prisoners, who, crucially, will be sent to Italy, Oman, Saudi Arabia and the United Arab Emirates.

The Gulf countries have all taken prisoners in the last two years — almost all of them Yemenis, for whom third countries had to be found because the entire US establishment is unwilling to repatriate Yemenis based on fears about the security situation in their homeland. Four were sent to Oman in January 2015, another six in June 2015, and five were sent to the UAE in November 2015. Another ten were sent to Oman in January 2016, and another 12 were sent to the UAE in August 2016 (with three Afghans, whose repatriation had been prohibited by Congress, based on fears about them ending up taking up arms against US forces). In addition, another nine Yemenis were sent to Saudi Arabia in April 2016. Read the rest of this entry »

Guantánamo Lawyer’s Moving Memories of Her Client Obaidullah, an Afghan Released in the UAE in August

Obaidullah’s mother, at her home in Haiderkhil, Afghanistan, holding photos of her son on August 16, just after his release from Guantanamo (Photo: AP/Nishanuddin Khan).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

In August, a long-suffering Afghan prisoner at Guantánamo, Obaidullah, was finally released after 14 years of imprisonment without charge or trial, sent to the United Arab Emirates rather than to his home village, because the US Congress had, with a rather hysterical disregard for any sense of proportion, passed a law preventing any Afghan prisoner at Guantánamo from being repatriated. Below I’m cross-posting a moving account of Obaidullah himself, and of his wrongful imprisonment, by one of his attorneys, Anne Richardson. Other civilian lawyers who worked on his case include Dan Stormer and Cindy Pánuco of Hadsell Stormer & Renick LLP in Pasadena, CA, where Richardson worked before moving to Public Counsel, the US’s largest pro bono firm, where she is the directing attorney of the Consumer Law Project.

Obaidullah, who has just one name like many Afghans, was seized in July 2002, when he was around 22 years old (he doesn’t know his exact year of birth), and was accused of having “stored and concealed anti-tank mines, other explosive devices, and related equipment,” and it was also claimed that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.”

The charges were listed when he was, absurdly, put forward for a trial by military commission in September 2008. Even if the allegations were true, putting forward a minor insurgent for a war crimes trial was a disgracefully overblown response to his alleged activities, but as an investigation by his military lawyers found in 2011, it appears that the US authorities were mistaken about Obaidullah’s role in any kind of plot against US forces. His wife had just given birth, and blood found in his car, interpreted as being a sign that someone was wounded in an attack, seems to have been from his wife’s labor, which he failed to mention because speaking about such things is not something an Afghan man does. Read the rest of this entry »

Obama Releases 15 Prisoners from Guantánamo to UAE; Just 61 Men Now Left (Part 2 of 2)

Mahmud al-Mujahid (aka Mahmoud-al-Mujahid), in a photo included in the classified military files relating to the Guantanamo prisoners that were released in 2011.Last week, 15 prisoners were released from Guantánamo to the United Arab Emirates, the largest single release of prisoners under President Obama, bringing the total number of men held to just 61. 12 of the 15 men are Yemenis, and the other three are Afghans. A third country had to be found that would offer them new homes, because the entire US establishment refuses to repatriate any Yemenis, on the basis that the security situation in Yemen means they cannot be adequately monitored, and Afghans cannot be repatriated because of legislation passed by Congress.

On Sunday I published an article about six of the Yemenis, who were all approved for release from Guantánamo in 2010, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established to review the cases of all the men held when he took office and to decide whether they should be freed or prosecuted, or whether they should continue to be held without charge or trial.

The other nine men were approved for release by Periodic Review Boards, the latest review process, which began in 2013, and which was set up to review the cases of men who had not already been approved for release, and are not facing trials (and just ten men are in this latter category). The reviews started in November 2013, and, to date, 33 men have been approved for release, while 19 have had their ongoing imprisonment upheld, a 63% success rate. This is an extraordinary success rate for men previously described as “too dangerous to release,” by the task force, and it clearly establishes that the task force was unnecessarily cautious in its appraisal of the prisoners held when President Obama took office. Read the rest of this entry »

Five Yemenis Freed from Guantánamo, Given New Homes in the United Arab Emirates

Three of the five prisoners released from Guantanamo and given new homes in the United Arab Emirates on November 13, 2015. From L to R: Ali al-Razihi, Khalid al-Qadasi and Sulaiman al-Nahdi.There’s good news from Guantánamo, as five Yemenis, approved for release from the prison in 2005, 2007 and 2014, have finally been freed, and given new homes in the United Arab Emirates.

As the New York Times reported, the resettlement “was the first of its kind to the United Arab Emirates, which had previously taken in just one former Guantánamo detainee, in 2008 — its own citizen,” Abdullah al-Hamiri, whose story I discussed here.

The Times also explained that, “In May, President Obama met at Camp David with leaders or representatives of the six Middle Eastern countries that make up the Gulf Cooperation Council, including a representative from the United Arab Emirates. The main topic of discussion was the nuclear agreement with Iran, but officials familiar with the deliberations said Mr. Obama had also pressed them to consider resettling groups of detainees. The deal announced on Sunday appears to be the first fruits of those talks.” 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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