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).

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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 »

President Obama Forcibly Repatriates Two Algerians from Guantánamo

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.

Here at “Close Guantánamo,” we are disappointed to hear that Djamel Ameziane and Belkacem Bensayah, two Algerian prisoners at Guantánamo — amongst 84 men who have long been cleared for release — were repatriated last week. We are disappointed because both men did not wish to return home, as they fear ill-treatment by the government and threats from Islamist militants, and yet sustained efforts were not made to find new homes for them. We are also disappointed that other cleared prisoners, who do not fear repatriation, continue to be held.

Lawyers at the New York-based Center for Constitutional Rights, who represent Djamel Ameziane, have been fighting his enforced repatriation for years, taking his case to the Inter-American Commission on Human Rights (IACHR), which, last year, issued a damning verdict on the US government’s detention policies at Guantánamo. Ameziane’s lawyers also devoted a considerable amount of time to seeking a third country that would offer him a new home instead. However, as the New York Times noted in a powerful editorial criticizing the Obama administration for repatriating Ameziane and Bensayah: 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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