Torture Began at Guantánamo with Bush’s Presidential Memo 12 Years Ago

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 »

Updated: My Definitive List of the Guantánamo Habeas Corpus Results

Campaigners for the closure of Guantanamo outside the US Supreme Court on January 11, 2012, the 10th anniversary of the opening of the prison (Photo: Andy Worthington).

See the updated Guantánamo habeas list here.

Sometimes life takes us down unexpected routes, and yesterday, while looking for links for my last article, a transcript of a talk I gave in Los Angeles during my recent US tour calling for the closure of the prison at Guantánamo Bay on the 12th anniversary of its opening, I found myself visiting a page I first created in May 2010, entitled, “Guantánamo Habeas Results: The Definitive List.”

The page is a list of all the prisoners whose habeas corpus petitions were ruled on by judges in the District Court in Washington D.C. following the Supreme Court’s important ruling, in June 2008, in Boumediene v. Bush, granting the prisoners constitutionally guaranteed habeas corpus rights. At the time I created the list, there had been 47 rulings, and in 34 of those cases, after reviewing all the evidence, the judges concluded that the government had failed to demonstrate that they were connected in any meaningful manner with either al-Qaeda or the Taliban, an ordered their release.

This was humiliating for those who sought to defend Guantánamo, especially as the habeas hearings involved a low evidentiary hurdle — requiring the government to establish its case through a preponderance of the evidence rather than beyond any reasonable doubt. It was, moreover, a vindication for those like myself and some other journalists, as well as lawyers for the men, NGOs and others concerned by the existence of Guantánamo, like Lt. Col. Stephen Abraham, who had worked on the tribunals at Guantánamo, who had long maintained that the supposed evidence against the men was flimsy and untrustworthy, in large part because it was gathered using torture or other forms of coercion, or, in some cases at Guantánamo, because certain prisoners were bribed with better living conditions if they told lies about their fellow prisoners. Read the rest of this entry »

Close Guantánamo: Photos of Protestors outside the Supreme Court on the 11th Anniversary of the Opening of the Prison

Close Guantánamo: Protestors outside the US Supreme CourtClose Guantánamo: Hooded protestors outside the Supreme CourtRemembering Adnan Latif, killed by GuantánamoClose Guantánamo Now!End the military commissionsWomen say no to torture
Mr. President, you gave your word to close GuantánamoSolitary prisonerTorture is wrongFree Shaker Aamer and Abdel HakimAndy Worthington, Tom Wilner and the Center for Constitutional RightsClose Guantánamo: The march to the White House
Guantánamo protest outside the D.C. Circuit CourtGuantánamo protestors outside the NewseumAn Amnesty protestor outside FBI HQGuantánamo protestors outside FBI HQGuantánamo protestors march past FBI HQFree Fahd Ghazy
Free Mohammed al-HamiriBringing the Guantánamo protest to the White House

Close Guantánamo: Protestors outside the Supreme Court on the 11th Anniversary of the Opening of the Prison, a set on Flickr.

These photos are from the protest in Washington D.C. on January 11, 2013 to mark the 11th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, Cuba, an annual event that becomes more shameful for the United States with every passing year, and which has also come to test the endurance of those opposed to the prison’s existence.

Four years after President Obama came to office promising to close Guantánamo within a year, the blunt and unforgivable truth is that the prison is still open, and that all three branches of the US government — the administration, Congress and the courts — have failed the 166 men still held, and particularly the 86 men who were cleared for release by the interagency Guantánamo Review Task Force, established by President Obama in 2009, which spent a year reviewing the prisoners’ cases before reaching its sober and considered conclusions. In addition, some of these men were actually cleared by military review boards under the Bush administration, some as long ago as 2004. Read the rest of this entry »

Eleven Years of Guantánamo: Andy Worthington Visits the US to Campaign for the Prison’s Closure

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 »

Join Me in Washington D.C. on January 11, 2013 to Tell President Obama to “Close Guantánamo”

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 »

The Saudi Gazette Urges President Obama to Close Guantánamo

Note: Please feel free to visit the website of the “Close Guantánamo” campaign, which I founded in January with the attorney Tom Wilner, and please join us to receive updates — just an email address required.

On Monday, in an editorial entitled, “Close Guantánamo,” which, I am pleased to note, drew on my recent report, Guantánamo Scandal: The 40 Prisoners Still Held But Cleared for Release At Least Five Years Ago, the Saudi Gazette called for President Obama to honor his promise to close Guantánamo, which, of course, he made on his second day in office in January 2009, issuing an executive order promising that the prison would be closed within a year. As the editors urged, “This is no time for Obama to be indecisive. He still has six months in office and can right a wrong and set out to close Guantánamo which he pledged to do even before he became president.”

The Saudi Gazette also took unerring aim at the recent decision by the Supreme Court not to accept appeals by seven prisoners whose cases had been dismissed by politically motivated judges in the court of appeals in Washington D.C., which I wrote about here and here (and discussed on TV here and here). The judges, led by Judge A. Raymond Randolph, who supported every piece of Guantánamo-related legislation under George W. Bush that was subsequently overturned by the Supreme Court, have been rewriting the rules governing the prisoners’ habeas corpus petitions to such an alarming extent that judges are now obliged to believe any dubious submission put forward as evidence by the government unless it can specifically be refuted, and, as a result, no prisoner has had his petition granted since July 2010.

The Saudi Gazette also claimed that defense secretary Robert Gates had “asked Obama to keep a little more than 100 detainees in indefinite detention … because they constituted an immediate danger to the security of the US but could not be put on trial” — a statement that requires some additional observations, and some corrections. The advice almost certainly came not from Gates but from the interagency Guantánamo Review Task Force, established by President Obama to review the cases of all the prisoners, whose final report recommended that 84 prisoners should either be tried or held indefinitely. Read the rest of this entry »

My Photos on Flickr: Campaigning to Close Guantánamo, Washington D.C., January 2012

Guantanamo comes to the Supreme CourtDebra SweetOccupy D.C.I need work now!Col. Morris DavisFree our clients!
"Close Guantanamo" bannersWhat does torture teach our children?Guantanamo cageHooded and shackledWhite House protestFree Shaker Aamer
Never too young to call for justiceTom WilnerDaniel LakemacherStephen OleskeyAndy WorthingtonFree Shaker Aamer v.2
Where habeas corpus died

Close Guantanamo, Washington D.C., January 2012, a set on Flickr.

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 »

Meet the Seven Guantánamo Prisoners Whose Appeals Were Turned Down by the Supreme Court

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.

This week, the Supreme Court took a decision not to accept appeals by seven Guantánamo prisoners who, over the last few years, either had their habeas petitions denied, or had their successful petitions overturned on appeal. The ruling came the day before the 4th anniversary of Boumediene v. Bush, the 2008 case in which the Supreme Court granted the prisoners constitutionally guaranteed habeas corpus rights.

That led to a number of stunning court victories for the prisoners between 2008 and 2010, but in the last two years no prisoners have had their habeas petitions granted, because judges in the D.C. Circuit Court, a bastion of Bush-era paranoia about the “war on terror,” where the deeply Conservative Senior Judge A. Raymond Randolph holds sway, have unfairly rewritten the rules in the government’s favor, so that it is now almost impossible for a habeas petition to be granted. Read the rest of this entry »

The Supreme Court Abandons the Guantánamo Prisoners

On Monday, when the Supreme Court decided to turn down seven appeals submitted by prisoners held at Guantánamo, without providing any explanation, a particularly low point was reached in the prison’s history.

The decision came just one day before the fourth anniversary of Boumediene v. Bush, the hugely significant 2008 ruling granting the prisoners constitutionally guaranteed habeas corpus rights.

That ruling reaffirmed a previous Supreme Court ruling, Rasul v. Bush, in June 2004, granting the prisoners habeas rights, and involved the Court establishing that Congressional attempts to strip habeas rights from the prisoners — in the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 — had been unconstitutional.

Boumediene led to a flurry of activity, as long-frozen cases were revived. District Court judges in Washington D.C. then decided the evidentiary standards required, assessing that the government needed only to establish its case by a preponderance of the evidence, and not beyond a reasonable doubt, as is required in criminal cases. Read the rest of this entry »

Video: On Democracy Now! Andy Worthington Discusses the Failure of Every Branch of the US Government to Deliver Justice to the Prisoners at Guantánamo

Yesterday, I made my way to a TV studio opposite the Houses of Parliament to take part in an interview with Amy Goodman on Democracy Now! — my first since last April, when the classified military files released by WikiLeaks, on which I worked as a media partner, were first published.

I was joined by Shayana Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights, and I was delighted that the story was the main feature on yesterday’s show, and that so much time was devoted to it, and to analyzing the sweeping failures, across the entire US administration, that have led to a situation in which, although 87 of the remaining 169 prisoners have been cleared for release, only two prisoners have been freed in the last 18 months, and there are no signs of when — if ever — any of these 87 men will be released.

The interview, like my interview with RT on Monday, was scheduled last week, following the publication of my report, Guantánamo Scandal: The 40 Prisoners Still Held But Cleared for Release At Least Five Years Ago, but it assumed alarming new significance on Monday, when the Supreme Court refused to consider any of the appeals that had been submitted over the last year by seven of the 169 remaining prisoners in Guantánamo. It’s posted below, via YouTube: Read the rest of this entry »

Back to home page

Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
Email Andy Worthington

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans Al-Qaeda Andy Worthington Bagram British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Guantanamo Habeas corpus Hunger strikes Lewisham London Military Commission NHS NHS privatisation Photos President Obama Reprieve Save Lewisham A&E Shaker Aamer Taliban Torture UK austerity UK protest US Congress US courts WikiLeaks Yemenis