Guantánamo’s Periodic Review Boards: The Escape Route Shut Down by Donald Trump

Four of the Guantanamo prisoners currently going through the Periodic Review Board process. Clockwise from top left: Omar al-Rammah, Moath al-Alwi, Mohammed al-Qahtani and Abd al-Salam al-Hilah.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. If you can help, please click on the button below to donate via PayPal.

 

Anyone paying close attention to the prison at Guantánamo Bay will know that its continued existence, nearly 17 years after it first opened, is largely down to the success of some wildly inaccurate claims that were made about it when its malevolent business first began — claims that it held “the worst of the worst” terrorists, who were all captured on the battlefield.

In fact, as my research, and that of other researchers has shown, very few of the 779 men held by the US military at Guantánamo since the prison opened on January 11, 2002 can realistically be described as having had any meaningful involvement with al-Qaeda or the Taliban; perhaps just 3 percent, and certainly less than 5 percent. No one was captured on the battlefield, and the majority were either foot soldiers for the Taliban in an inter-Muslim civil war that predated 9/11, or civilians swept up in ill-advised dragnets. Many, if not most of those who ended up at Guantánamo were sold to the US by their Afghan and Pakistani allies for bounty payments, which averaged $5,000 a head, a huge amount of money in that part of the world.

Just 40 men are still held at Guantánamo, after George W. Bush released 532 men, and Barack Obama released 196. Nine men died, one was transferred to the US, to face a trial in which he was successfully prosecuted, and one more was reluctantly released by Donald Trump, or, rather, was transferred back to Saudi Arabia for ongoing imprisonment, as part of a plea deal negotiated in his military commission trial proceedings in 2014. Read the rest of this entry »

Abdul Latif Nasser’s Story: Imagine Being Told You Were Leaving Guantánamo, But Then Donald Trump Became President

A recent photo of Guantanamo prisoner Abdul Latif Nasser, as taken by representatives of the International Committee of the Red Cross, and made available to his family.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.

“Close Guantánamo” has recently been on vacation, a short break punctured only by the latest episode in our ongoing photo campaign — 6,050 days of the prison’s existence, on August 4, and photos marking this latest bleak anniversary, featuring opponents of the prison’s continued existence.

Donald Trump doesn’t care, of course. While the president who set up Guantánamo (George W. Bush) eventually conceded it had been a mistake, and while his successor (Barack Obama) said he would close it but didn’t, Trump is an enthusiast for keeping it open, seems to care nothing about the law, would reintroduce torture and send new prisoners to Guantánamo if he could, and clearly has no intention of releasing anyone from the prison at all, even though five of the 40 men still held were approved for release by high-level government review processes under President Obama.

Three of the five had their release approved by the Guantánamo Review Task Force that Obama set up shortly after first taking office in 2009 to advise him on what to do with the 240 men he had inherited from George W. Bush (he was recommended to release 156 men, to try 36 and to continue to hold 48 without charge or trial), and two had their release approved by the Periodic Review Boards that subsequently reviewed the cases of 64 prisoners from the latter two categories from 2013 to 2016 on a parole-type basis. Read the rest of this entry »

A “Cluster Covfefe”: Guantánamo Prisoner Majid Khan’s Damning Verdict on the Shambolic Military Commissions

Guantanamo prisoner Majid-Khan, photographed at Guantanamo in 2009 by representatives of the International Committee of the Red Cross.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.

To the US political, military and intelligence establishment, Guantánamo prisoner and “high-value detainee” Majid Khan — held and tortured in CIA “black sites” for three years, where he was subjected to water torture and another horrible form of torture, “rectal feeding” — is a dangerous convicted terrorist, but to anyone who takes an interest in the man himself, Khan, a Pakistan citizen who spent six years in the US as a teenager, graduating from a high school in Maryland, is a reformed character, who has cooperated fully with the authorities, and ought to be regarded as having paid his debt to society, and to be able to resume his life. 

To some extent, the authorities have accepted Khan’s transformation. Over six years ago, in February 2012, they arranged a plea deal whereby, as the Miami Herald explained in September 2016, he “pleaded guilty to serving as a courier of $50,000 linked to the Aug. 5, 2003, terrorist truck bombing of a Marriott hotel in Jakarta, Indonesia, that killed 11 people and wounded dozens of others,” and “also admitted to agreeing to be a suicide bomber in an unrealized plot to murder former Pakistan President Pervez Musharraf.”

By pleading guilty, and also by agreeing to cooperate with the authorities in forthcoming military commission trials — and, specifically, the 9/11 trial, involving Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks — it was agreed that, on sentencing, he would be required to serve a further 13 years. Read the rest of this entry »

No Escape from Guantánamo: An Update on the Periodic Review Boards

Four Guantanamo prisoners whose cases are still nominally being reviewed by Periodic Review Boards. Clockwise from top left: Omar al-Rammah, awaiting a decision in his review after 16 months, and Khalid Qasim, Abdul Rahim Ghulam Rabbani and Uthman Mohammed Uthman, who all had their ongoing imprisonment upheld after reviews this year.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.

Regular Guantánamo-watchers will know how wretched it is that Donald Trump is in charge of the prison at Guantánamo Bay, because he appears to have no ability or willingness to understand that it is a legal, moral and ethical abomination, where most of the 40 men still held are imprisoned indefinitely without charge or trial, in defiance of all agreed laws and treaties, and a handful of others are facing trials in a broken trial system, the military commissions, that is not fit for purpose.

Under George W. Bush, a total of 532 prisoners were released from Guantánamo, and Barack Obama released another 196. Trump, to date, has released just one man, a Saudi repatriated for ongoing imprisonment, who was only released because of a plea deal he had agreed to in his military commission proceedings in 2014, and has shown no interest in releasing anyone else, even though five of the 40 men still held were approved for release by high-level review processes under President Obama. With only nine men facing trials, that also leaves 26 other men in that unjustifiable limbo of indefinite imprisonment without charge or trial.

The only mechanism that exists that theoretically could lead to the release of any of these men is the Periodic Review Board system, the second review process set up by President Obama. The first, the Guantánamo Review Task Force, assessed in 2009 whether prisoners should be freed or tried or whether they should continue to be held without charge or trial. 156 were recommended for release, and 36 for prosecution, and 48 for ongoing imprisonment without charge or trial, on the basis that they were regarded as too dangerous to release, but insufficient evidence existed to put them on trial. Read the rest of this entry »

At Inter-American Commission on Human Rights, Former Guantánamo Prisoner Djamel Ameziane Asks US to Apologize, and Calls for Prison’s Closure

Former Guantanamo prisoner Djamel Ameziane, in an infographic put together by his lawyers at the Center for Constitutional Rights.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.

 

Last week, in Mexico City, a symbolically powerful blow was dealt to the United States’ notion of itself as a nation founded on the rule of law, which respects the rule of law and also respects human rights.

The occasion was a hearing of the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

The hearing last Wednesday was for Djamel Ameziane, an Algerian citizen, and an ethnic Berber, who was held at Guantánamo for nearly 12 years.

In the hearing last week, at which Ameziane was represented by the Center for Justice and International Law (CEJIL) and the Center for Constitutional Rights (CCR), the lawyers representing him urged the IACHR to “hold the US accountable for the abuse” of Ameziane and the “discrimination” against him. CCR explained, in a press release, that it was “a landmark hearing,” and the following brief explanation of his story: Read the rest of this entry »

Shutting the Door on Guantánamo: The Significance of Donald Trump’s Failure to Appoint New Guantánamo Envoys

Sunrise at Camp Delta, Guantanamo, August 14, 2016 (Photo: George Edwards).

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.

Last week, Vice News ran a noteworthy article, Trump hasn’t appointed anyone to keep track of released Guantánamo detainees, highlighting how the Trump administration’s lack of interest in understanding the nature of the prison at Guantánamo Bay is actually endangering national security.

As Alex Thompson reported, although Donald Trump “has vowed to take the detention center at Guantánamo Bay and fill it with ‘some bad dudes,’ … he hasn’t yet filled the top two positions in the federal government specifically tasked with overseeing the over 700 former detainees who’ve already been released to ensure they do not become security threats.”

Under President Obama, the job of monitoring former prisoners and “coordinating their transitions to civilian life” was largely fulfilled by “two small special envoy offices”: “one at the Department of Defense that reviews detainees considered for release and then tracks the intelligence community’s reports on them, and one at the State Department that helps coordinate communication between detainees and their lawyers, host-country governments, US embassies, and the Department of Defense.” Read the rest of this entry »

76 Men Left in Guantánamo, as Yemeni Starts New Life in Italy, and Another Yemeni and the Last Tajik Go to Serbia

Tajik prisoner Muhammad Davliatov (aka Umar Abdulayev) in a photo from Guantanamo.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.

On July 10, the Pentagon announced that Fayiz Ahmad Yahia Suleiman (ISN 153), a 41-year old Yemeni who arrived at the prison in its first week of operations, on January 17, 2002 and was approved for release from Guantánamo six and a half years ago, had finally been freed, and given a new home in Italy. Two prisoners, both Tunisians, were previously transferred to Italy, in 2009, where they were briefly imprisoned before returning to Tunisia during the optimistic early days of the Arab Spring.

Suleiman — who, it should be stressed, will be a free man in Italy — was approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009, and that issued its final report in January 2010. He is the last Yemeni out of 126 men approved for release by the task force to be freed.

In addition, eleven Yemenis are left out of 30 approved for release by the task force but then placed in a sub-category of “conditional detention” — conditional on a perceived improvement in the security situation in Yemen. No indication was given as to how this would be decided, but what happened instead was that the entire US establishment agreed not to repatriate any Yemenis, and so the “conditional detention” group languished until the Obama administration began finding countries that would offer new homes to them, a process that only began last November and that, with Suleiman’s release, has led to 19 men being given new homes — in the UAE, Ghana, Oman, Montenegro and Saudi Arabia. Read the rest of this entry »

The American Lawyer’s Six Guantánamo Bar Profiles: Thomas Wilner, David Remes, Jennifer Cowan, Wells Dixon, David Nevin and Lee Wolosky

Thomas Wilner of Shearman & Sterling (Photo: Diego M. Radzinschi).

The November 2015 issue of The American Lawyer featured a “Special Report: The Guantánamo Bar,” consisting of six interviews with attorneys who have worked on Guantánamo. I’m cross-posting them below, as I think they will be of interest, and I also estimate that many of you will not have come across them previously.

The six lawyers featured were: Thomas Wilner of Shearman & Sterling; David Remes, formerly of Covington & Burling; Jennifer Cowan of Debevoise & Plimpton; J. Wells Dixon of the Center for Constitutional Rights; Public Defender David Nevin; and Lee Wolosky of Boies, Schiller & Flexner. Wolosky was appointed last June as the White House’s special envoy for Guantánamo closure, while the rest have represented prisoners held at Guantánamo.

Thomas Wilner represented a number of Kuwaiti prisoners, and also represented the prisoners in their habeas corpus cases before the Supreme Court in 2004 and 2008. He is co-founder, with me, of the Close Guantánamo campaign, launched in January 2012, through which, for the last four years, we have been attempting to educate people about why Guantánamo must be closed, and who is held there, and I’m pleased to note that The American Lawyer described him as “the most vocal proponent in the Guantánamo bar for the closure of the offshore prison.” Read the rest of this entry »

Guantánamo Lawyers Complain About Slow Progress of Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, who us one of 36 men eligible for Periodic Review Boards, but who have not yet been given a date when their reviews will take place. This photo is of Ravil with his family, in a photo taken before his capture.Yesterday I published an article about the most recent Periodic Review Board to take place at Guantánamo, and I was reminded of how I’ve overlooked a couple of interesting articles about the PRBs published in the Guardian over the last six weeks.

When it comes to President Obama’s intention to close Guantánamo before he leaves office next January, the most crucial focus for his administration needs to be the Periodic Review Boards, featuring representatives of the Departments of State, Defense, Justice and Homeland Security, and the offices of the Director of National Intelligence and Joint Chiefs of Staff, as I have been highlighting through the recently launched Countdown to Close Guantánamo. Of the 91 men still held, 34 have been approved for release, and ten are undergoing trials (or have already been through the trial process), leaving 47 others in a disturbing limbo.

Half these men were, alarmingly, described as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that insufficient evidence existed to put them on trial. Read the rest of this entry »

Disgraceful US Justice Department Secretly Blocks Release from Guantánamo of Gravely Ill Hunger Striker Tariq Ba Odah

Guantanamo hunger striker Tariq Ba Odah, photographed at Guantanamo before the long-term effects of his eight-year hunger strike took hold. He now weighs just 74.5 pounds.“Wonderful.” This is the only word that Guantánamo prisoner Tariq Ba Odah said, over and over, as he “looked through photos of vigils and protests, tweets and Facebook posts, and dozens of articles about efforts to free him” from Guantánamo, at a meeting last week with his lawyer, Omar Farah, of the New York-based Center for Constitutional Rights.

Tariq, as regular readers will know, is a Yemeni, and a long-term hunger striker, who has been refusing food since 2007, and is force-fed on a daily basis. He now weighs just 74.5 pounds, and is at risk of death, but the Obama administration refuses to help him. Three weeks ago, I wrote about his lawyers’ efforts to have a US judge order his release because of the very real risk he faces of imminent death.

Tariq’s plight sparked media interest — and gasps of horror from anyone still sensitized enough, after nearly 14 years of the “war on terror” declared by the Bush administration after the terrorist attacks of September 11, 2001, to realize that a man weighing just 74.5 pounds would look like a survivor of — or a corpse at — the concentration camps run by the Nazis. 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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