Despite His Conviction Being Quashed Three Times, Guantánamo Prisoner Ali Hamza Al-Bahlul Remains in Solitary Confinement

Guantanamo prisoner Ali Hamza al-Bahlul, in a photo included in the classified military files released by WikiLeaks in April 2011.For some prisoners held in the “war on terror” prison at Guantánamo Bay, it seems there really is no way out. One example would seem to be Ali Hamza al-Bahlul, a 45-year old Yemeni prisoner and a propagandist for al-Qaeda, who made a promotional video glorifying the attack on the USS Cole in October 2000, in which 17 US soldiers died, and who received a life sentence for providing material support for terrorism, conspiring with al-Qaeda and soliciting murder after a one-sided military commission trial in the dying days of the Bush administration.

Al-Bahlul has been held in solitary confinement ever since — on what is known as “Convicts’ Corridor,” according to Carol Rosenberg of the Miami Herald, even though, since January 2013, he has had every part of his conviction overturned in the US courts — most recently in a ruling by the appeals court in Washington D.C. (the D.C. Circuit Court) on June 12.

In January 2013, a three-judge panel in the D.C. Circuit Court overturned the material support and solicitation convictions, on the basis that the charges of which he was convicted were not recognized as war crimes at the time he was accused of committing them; or, to put it another way, that they had been invented as war crimes by Congress. That ruling was confirmed by a full panel of judges in July 2014, and the judges last month overturned the conspiracy conviction — on the basis that conspiracy is not a crime under the international law of war. Read the rest of this entry »

US Judge Orders Release of Guantánamo Force-Feeding Tapes, Condemns Government Delays

Former Guantanamo prisoner Abu Wa'el Dhiab after his release (in Uruguay in December 2014). This is a screen shot from a TV broadcast in Argentina, where Mr. Dhiab travelled in February, to call for the government to offer new homes to other Guantanamo prisoners.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.

Sick of delaying tactics, a US federal court judge has ordered the government to stop wasting time with “frivolous” appeals against her rulings, and to release videotapes showing a Guantánamo prisoner being brutally force-fed.

On October 3 last year, in the District Court in Washington D.C., Judge Gladys Kessler ordered the government to prepare for public release 32 videotapes of a Guantánamo prisoner, Abu Wa’el Dhiab, being dragged from his cell and force-fed. The tapes contained 11 hours of footage in total, and, as I explained at the time, Judge Kessler responded to the government’s concerns about the need for anonymity for US personnel by ordering them to be “redacted for ‘all identifiers of individuals’ other than Mr. Dhiab.”

That was over nine months ago, and on Friday (July 10), Judge Kessler ordered the government to “complete all national security-related redactions to the first eight tapes — which show Abu Wa’el Dhiab being forcibly removed from his cell and tube-fed — by August 31, and to complete other key redactions by September 30,” as Mr. Dhiab’s lawyers at Reprieve explained in a press release. Read the rest of this entry »

Skeletal, 75-Pound Guantánamo Hunger Striker Tariq Ba Odah Seeks Release; Medical Experts Fear For His Life

A restraint chair at Guantanamo, used to force-feed prisoners (Photo by Jason Leopold).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.

For the International Day in Support of Victims of Torture, introduced by the United Nations in 1997 to mark the entry into force of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on June 26, 1987, a vivid reminder of the horrors of Guantánamo emerged the day before, when lawyers for Tariq Ba Odah, a Yemeni prisoner identified by the US authorities as Tarek Baada, sought “a court order granting his habeas petition and compelling the government to facilitate [his] immediate release” because of fears that, otherwise, he will die at the prison. The submission to the court is here.

Tariq, who was picked up in Pakistan by the local authorities at the end of 2001 and turned over to the US military, arrived at Guantánamo shortly after the prison opened in 2002, when he was 23 years old. He is now 36, and he is still held despite being approved 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. He is one of 30 men, all Yemenis, who were placed in a category invented by the task force — “conditional detention,” which was made dependant on perceptions of the security situation in his home country improving, although it was never made clear who would make that decision, or how it would come about.

However, since President Obama began finding new homes in third countries for Yemenis approved for release last November, the only obstacle to his release now is the difficulty of finding a country to accept him, as well as countries prepared to offer new homes to the 29 other Yemenis in “conditional detention,” and 13 other Yemenis approved for release by the task force — or approved for release in the last year and a half by Periodic Review Boards — but still held. Since last November, 18 Yemenis have been released from Guantánamo to third countries. Read the rest of this entry »

Appeals Court Refuses to Allow Government to Block Release of Guantánamo Force-Feeding Tapes

Abu Wa'el Dhiab photographed after his release in Uruguay with a picture he painted after his release (Photo: Oscar Bonilla).Last Friday, the appeals court in Washington, D.C. — the D.C. Circuit Court — kept alive hopes that the US government will be forced to release footage of a hunger striking Guantánamo prisoner being violently removed from his cell and force-fed, when a three-judge panel — consisting of Chief Judge Merrick Garland, Judge Patricia Millett and Judge Robert Wilkins — refused to accept an appeal by the government arguing against the release of the videotapes.

When the court heard the case last month, Justice Department attorneys “argued that the courts cannot order evidence used in trial to be unsealed if it has been classified by the government,” as The Intercept described it. Justice Department lawyer Catherine Dorsey told the judges, “We don’t think there is a First Amendment right to classified documents.” The Intercept added that the judges “appeared skeptical. Chief Judge Merrick Garland characterized the government’s position as tantamount to claiming the court ‘has absolutely no authority’ to unseal evidence even if it’s clear the government’s bid to keep it secret is based on ‘irrationality’ or that it’s ‘hiding something.'”

The tapes are of Abu Wa’el Dhiab, a Syrian prisoner who spent last year challenging the government’s force-feeding program in the courts. Dhiab was freed in Uruguay in December, but his case continues. In June, Cori Crider, one of Dhiab’s lawyers at the London-based legal action charity Reprieve, said after viewing the videos, which have only to date been seen by the lawyers, “While I’m not allowed to discuss the contents of these videos, I can say that I had trouble sleeping after viewing them.”

Writing of the ruling, Reprieve noted that the court “ordered the Obama Administration to redact 12 hours of secret Guantánamo force-feeding footage in preparation for its public release, rejecting the Administration’s argument that not one single frame should be seen by the public.” Read the rest of this entry »

Former Hunger Striker Abu Wa’el Dhiab and Other Guantánamo Prisoners Freed in Uruguay Discuss Their Problems

Abu Wa'el Dhiab (aka Jihad Dhiab) photographed for the Washington Post by Joshua Partlow in March 2015, four months after his release from Guantanamo.

To donate to support the six men released in Uruguay, please follow this link to a Just Giving page set up by Cage for Reprieve.

A month ago, I wrote a well-received article, “Guantánamo Prisoners Released in Uruguay Struggle to Adapt to Freedom,” looking at the problems faced by the six former Guantánamo prisoners given new homes in Uruguay in December. The six men, long cleared for release, couldn’t be safely repatriated, as four are from war-torn Syria, one is from Tunisia, where, it appears, the US is now concerned about the security situation, and the sixth is Palestinian, and the Israeli government has always prevented Palestinians held in Guantánamo from being returned home.

As I pointed out in my article, and in a follow-up interview with a Uruguayan journalist, “Strangers in a Strange Land: My Interview About the Struggles of the Six Men Freed from Guantánamo in Uruguay,” the former prisoners are struggling to adapt to a new country, in which they don’t speak the language and there is no Muslim community, and in which they are still separated from their families, over 13 years since they were first seized in Afghanistan or Pakistan by or on behalf of US forces.

Most of all, however, I believe that, while there have been murmurings in Uruguay about the men’s apparent unwillingness to work, those complaining are overlooking the fact that all six men are evidently grappling with post-traumatic stress disorder (PTSD) after their long ordeal in a experimental prison where abusive indefinite detention without charge or trial is the norm. Read the rest of this entry »

Sen. Dianne Feinstein Urges Pentagon to End “Unnecessary” Force-Feeding at Guantánamo

Released Guantanamo prisoner Abu Wa'el Dhiab in a screenshot of an interview he did with an Argentinian TV channel in February 2015, two months after his release in Uruguay with five other men.Sen. Dianne Feinstein, the vice-chair of the Senate Intelligence Committee, recently sent a letter to Ashton Carter, the new defense secretary, urging him to “end the unnecessary force-feedings of detainees at the Guantánamo Bay detention facility.”

Sen. Feinstein, who, until recently, was chair of the committee, and oversaw the creation of the hugely important report into the CIA’s use of torture whose executive summary was released in December, has long been a critic of Guantánamo. After a visit to the prison in July 2013, with Sen. Dick Durbin, she and Durbin “asked President Barack Obama to order the Pentagon to stop routinely force-feeding hunger strikers at the U.S. Navy base at Guantánamo and adopt a model that feeds out of medical necessity, like in the federal prison system,” as the Miami Herald described it.

As she noted in her letter to Ashton Carter, “The hunger strikes themselves stem in part to the fact that many detainees have remained in legal limbo for more than a decade and have given up hope. Therefore, it is imperative that the Administration outline a formal process to permanently close the Guantánamo facility as soon as possible. I look forward to continue working with you to achieve that end.” Read the rest of this entry »

Andy Worthington: An Archive of Guantánamo Articles and Other Writing – Part 16, January to June 2014

Andy Worthington and the poster for the We Stand With Shaker campaign (calling for the release f the last British resident in Guantanamo) at the protest against Guantanamo outside the White House on January 11, 2015, the 13th anniversary of the opening of the prison (Photo: Medea Benjamin for Andy Worthington).Please support my work!

Welcome to the 16th chronological list of all my articles, since I began working as an independent journalist in 2007 — about Guantánamo and related topics, and other themes involving social justice. Please support my work if you can with a donation!

I first began researching the Bush administration’s “war on terror” prison at Guantánamo and the 779 men (and boys) held there nearly ten years ago, in the fall of 2005, and began researching and writing about it on a full-time basis in March 2006. Initially, I spent 14 months researching and writing my book The Guantánamo Files, based, largely, on 8,000 pages of documents publicly released by the Pentagon in the spring of 2006, and, since May 2007, I have continued to write about the men held there, on an almost daily basis, as an independent investigative journalist — for two and a half years under President Bush, and, shockingly, for what is now over six years under President Obama.

My mission, as it has been since my research first revealed the scale of the injustice at Guantánamo, continues to revolve around four main aims — to humanize the prisoners by telling their stories; to expose the many lies told about them to supposedly justify their detention; to push for the prison’s closure and the absolute repudiation of indefinite detention without charge or trial as US policy; and to call for those who initiated, implemented and supported indefinite detention and torture to be held accountable for their actions. Read the rest of this entry »

Who Are the Six Men Freed from Guantánamo and Given New Homes in Uruguay?

Photos of five of the six men released to Uruguay from Guantanamo - from L to R: Ali Hussein al-Shaaban, Ahmed Adnan Ahjam, Abdelhadi Faraj, Mohammed Taha Mattan and Abu Wa'el Dhiab. The photos are from the classified military files released by WikiLeaks in 2011, and the collage is by LeaNoticias.com.Great news regarding Guantánamo, as yesterday the Pentagon announced that six men, long cleared for release from the prison — four Syrians, a Palestinian and a Tunisian — have been resettled in Uruguay as refugees.

Back in March, President José Mujica of Uruguay — a former political prisoner — announced that he had been approached by the Obama administration regarding the resettlement of Guantánamo prisoners and had offered new homes to a number of men, cleared for release from the prison in 2009 by President Obama’s high-level Guantánamo Review Task Force, who could not be safely repatriated.

In May, President Mujica’s offer was confirmed, as I explained in an article entitled, “Uruguay’s President Mujica Confirms Offer of New Home for Six Guantánamo Prisoners,” but the releases were then delayed. The Obama administration ran into problems with Congress after releasing five Taliban prisoners in exchange for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, and, according to various reports, defense secretary Chuck Hagel dragged his heels when it came to notifying Congress of any proposed releases, as required by law. In addition President Mujica ran up against hostility from his political opponents — which was particularly difficult in an election year. Read the rest of this entry »

Former Guantánamo Military Defense Attorney Todd Pierce Interviewed by the Talking Dog

Former US military defense attorney Todd Pierce speaking at the presentation of the Sam Adams Associates Award for Integrity in Intelligence to Chelsea Manning in Oxford in February 2014 (Photo: Andy Worthington).I’m delighted to be cross-posting below an interview conducted by my good friend The Talking Dog (functioning below the radar under a pseudonym in New York City) with another good friend, Army Maj. Todd Pierce (retired), who, as a Judge Advocate General (JAG) officer, was part of the defense team for two Guantánamo prisoners charged in the military commissions — Ali Hamza al-Bahlul (still held) and Ibrahim al-Qosi (released in 2012).

Todd became fascinated by the philosophical origins of the Bush-Cheney military commissions in the Nazi era, and efforts to justify the commissions through a warped interpretation of US Civil War precedents. Since retiring, he has continued to pursue these interests, and has also become part of Sam Adams Associates, who describe themselves as “a movement of former CIA colleagues of former intelligence analyst Sam Adams, together with others who hold up his example as a model for those in intelligence who would aspire to the courage to speak truth to power,” and who, every year since 2002, have presented the Sam Adams Associates Award for Integrity in Intelligence to whistleblowers — most recently to Chelsea Manning, at an event in Oxford that I attended in February.

I do hope you have time to read the interview — which also includes Todd’s latest thoughts on the case of Ali Hamza al-Bahlul, who has been successfully appealing against his 2008 conviction and life sentence — with profound repercussions for the entire military commissions project, which, it should be noted, should never have been revived by George W. Bush and Dick Cheney in the first place.

If you enjoy it, please share it, and please also follow the links I’m posting at the end of this article to the Talking Dog’s extensive archive of interviews about Guantánamo and the “war on terror.” Read the rest of this entry »

Disappointment as US Judge Upholds Force-Feeding of Hunger Striking Guantánamo Prisoner Abu Wa’el Dhiab

Guantanamo prisoner Abu Wa'el Dhiab, and District Judge Gladys Kessler, who, earlier this year, ordered the government to preserve all videotapes of his force-feeding and "forcible cell extractions," and who, last month, ordered those videotapes to be publicly released. On November 7, 2014, unfortunately, she refused to order the government to change the way it force-feeds him, and to make it more humane.On Friday, in the latest twist in the legal challenge mounted by Abu Wa’el Dhiab, a hunger striker at Guantánamo, District Judge Gladys Kessler, in Washington D.C., disappointed Mr. Dhiab, his lawyers and everyone who wants personnel at Guantánamo to be accountable for their actions by denying his request “to significantly change the manner in which the US military transfers, restrains and forcibly feeds detainees on hunger strike to protest their confinement,” as the Guardian described it.

Mr Dhiab, a father of four who is in a wheelchair because of the decline in his health during 12 years in US custody, was cleared for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed when he first took office, but he is still held because of Congressional opposition to the release of prisoners, and because he needs a third country to take him in (and although Uruguay has offered him new home, that deal has not yet materialized). Last year, he embarked on a hunger strike because of his despair that he would never be released, along with two-thirds of the remaining prisoners, and he also asked a judge to order the government to feed him in a more humane manner.

That request was turned down last summer, because of legislation passed under President Bush that was cynically designed to prevent judges from interfering in the treatment of prisoners at Guantánamo, but in February this year the court of appeals — the D.C. Circuit Court — overturned that ruling and an allied ruling, determining that hunger-striking prisoners can challenge their force-feeding in a federal court — and, more generally, as the New York Times described it, that judges have “the power to oversee complaints” by prisoners “about the conditions of their confinement,” and that “courts may oversee conditions at the prison as part of a habeas corpus lawsuit.” Read the rest of this entry »

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Andy Worthington

Campaigning investigative journalist and commentator, author, filmmaker, photographer, singer-songwriter and Guantánamo expert
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