I do hope you have time to read my latest article for Al-Jazeera, “Guantánamo’s secretive review boards,” and to share it if you find it worthwhile. It was posted yesterday, and I’m glad to note that it has been in the top ten most viewed articles.
It deals with the Periodic Review Boards at Guantánamo, established to review the cases of the majority of the prisoners who have not been cleared for release. Of the 162 men still held, 82 were cleared for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, while the other 80 were either recommended for ongoing detention without charge or trial, or for prosecution.
In March 2011, President Obama issued an executive order authorizing the ongoing detention without charge or trial of 48 men based on the task force’s recommendations, on the unacceptable basis that they were too dangerous to release but that insufficient evidence existed to put them on trial — which meant, of course, that what purported to be evidence was no such thing, and consisted largely of dubious statements by the prisoners, produced in circumstances that were not conducive to truth-telling. Read the rest of this entry »
Two weeks ago, the Los Angeles Times ran an article about one of the enduring problems at Guantánamo — how to establish a situation in Yemen to reassure those who are concerned about the security situation in the country that it is safe to release the 56 Yemeni citizens still held at Guantánamo who were cleared for release nearly four years ago, in January 2010, by the inter-agency Guantánamo Review Task Force that President Obama established shorty after taking office in 2009.
It is ridiculous, of course, that men cleared for release are still held, but that is the reality on the ground in the United States today, as it has been since the end of 2010, when lawmakers began passing legislation designed to prevent the president from releasing prisoners or closing the prison, as he had promised.
In fact, 84 of the remaining 164 prisoners in Guantánamo were cleared for release by President Obama’s task force, but while some of the other men need third countries to be found that are prepared to take them in because it is unsafe for them to be repatriated, and others — like Shaker Aamer, the last British resident in the prison — only need President Obama to flex his political muscles to send them back home, the Yemenis are a slightly more complicated matter. Read the rest of this entry »
Last Saturday, for the first time, the African Commission on Human and Peoples’ Rights, founded in 1986, heard a case relating to the program of rendition and torture established under George W. Bush after the 9/11 attacks, with particular reference to US crimes committed on African soil.
The case was brought by the Global Justice Clinic, based at the Center for Human Rights and Justice at New York University School of Law and by the London-based INTERIGHTS (the International Centre for the Legal Protection of Human Rights), and it concerns the role played by Djibouti, in the Horn of Africa, as part of the program of rendition, secret detention and torture run by the CIA on Bush’s orders, with specific reference to the case of Mohammed al-Asad, a Yemeni citizen, who, as the Global Justice Clinic explained in a press release, “was secretly detained, tortured and interrogated in Djibouti for several weeks in 2003 and 2004 before being forcibly transferred to a CIA ‘black site.’”
As the press release also explained:
In December 2003, Mohammed al-Asad was abducted from his family home in Tanzania and taken to a secret detention site in Djibouti where he was placed in isolation in a filthy cell, interrogated, and subjected to cruel treatment. He was deprived of all contact with the outside world, and was not able to contact a lawyer, his family, or the ICRC. After two weeks, Djibouti handed al-Asad to CIA agents who assaulted him, stripped him naked, photographed him, then dressed him in a diaper, and strapped him to the floor of a CIA transport plane. He endured 16 months of secret detention before he was transferred to Yemen and eventually released without ever being charged with a terrorism-related crime. Read the rest of this entry »
For six months, Guantánamo managed to be in the news on a regular basis, as a prison-wide hunger strike succeeded in pricking the consciences of the mainstream media. Unfortunately, since the numbers of those involved fell (from 106 on July 10 to 53 a month later), the media largely moved on. At the height of the hunger strike, 46 prisoners were being force-fed, a process condemned by medical professionals, but although the US authorities state that just 15 prisoners are currently on a hunger strike, all of them are being force-fed.
Moreover, as was explained this week in an op-ed for Al-Jazeera America by Moath al-Alwi, a Yemeni prisoner also known as Moaz al-Alawi, the men who are still hunger striking have no intention of giving up, even though, as al-Alwi explains, some have lost so much weight that their appearance would send shockwaves around the world if a photograph were to be leaked. As he states, “one of my fellow prisoners now weighs only 75 pounds. Another weighed in at 67 pounds before they isolated him in another area of the prison facility.”
The situation for the prisoners who are still on a hunger strike is clearly horrific. As al-Alwi states in his op-ed, which I’m posting below, the force-feeding remains “painful and horrific,” as it was when he described it previously, in another op-ed for Al-Jazeera in July that I’m also posting below. Read the rest of this entry »
Below is a powerful new animated film, six minutes in length, which tells the story of the hunger strike at Guantánamo that began in February, and involved the majority of the 164 prisoners still held over the six-month period that followed. At its height, 46 prisoners were being force-fed, and even though just 17 prisoners are still taking part in the hunger strike, 16 of them are being force-fed. Force-feeding is a brutal process, condemned by the medical profession, but it is difficult to understand what is happening at Guantánamo because no images are available of prisoners being force-fed.
To overcome the difficulty for people to empathize with people whose suffering is deliberately kept hidden, the new animated film, “Guantánamo Bay: The Hunger Strikes,” produced by Mustafa Khalili and Guy Grandjean of the Guardian, and the animation company Sherbet, features the testimony of four prisoners, all of whom have been cleared for release but are still held (a situation in which 84 of the remaining 164 prisoners find themselves). The film, which depicts life in the prison, including the horrible reality of force-feeding, is narrated by the actors David Morrisey and Peter Capaldi. See here for an account of the making of the film in today’s Observer, and see here for David Morrissey’s comments about it.
The men whose stories are featured are Shaker Aamer, the last British resident in the prison, Younus Chekhouri (aka Younous Chekkouri), a Moroccan who has strong ties to Germany, Samir Moqbel (aka Mukbel), a Yemeni whose op-ed in the New York Times in April drew attention to the hunger strike, and Ahmed Belbacha, an Algerian who lived in the UK before his capture. The film also includes testimony from Nabil Hadjarab, one of just two prisoners released since President Obama promised to resume releasing cleared prisoners in May, and all of the statements were provided by the men’s lawyers at Reprieve, the London-based legal action charity. Read the rest of this entry »
Exactly a year ago, on September 8, 2012, Adnan Farhan Abdul Latif, a Yemeni prisoner at Guantánamo, died in circumstances that are still disputed. The US authorities claim that he committed suicide by overdosing on psychiatric medication that he had hoarded, but that has always seemed unlikely, given that the prisoners at Guantánamo are closely monitored, and it has become clear that he was moved around the prison on a number of occasions before his death, making the hoarding of medication even more unlikely.
Despite the inconsistencies in the US authorities’ account of Adnan’s death, it is undisputed that, throughout his ten years at Guantánamo, he had attempted to commit suicide on several occasions. A talented poet, and a father, Adnan also had severe mental health problems, the result of a car crash in Yemen many years before his capture. Adnan always claimed that he had traveled to Pakistan and Afghanistan in search of cheap medical treatment for his head wounds, in contrast to the US authorities’ attempts to portray him as a member of al-Qaeda.
Those claims, however, evaporated over the years of Adnan’s long and pointless imprisonment, as he was cleared for release on three occasions, only to discover that decisions to release prisoners meant very little, especially in the case of Yemeni prisoners. At the time of his death, 87 of the remaining 167 prisoners had been cleared for release, by an inter-agency Guantánamo Review Task Force that President Obama established when he took office in January 2009, but were still held, and 57 of these men were Yemenis. Read the rest of this entry »
After seven and a half years of researching and writing about the prisoners held in the “war on terror” prison at Guantánamo Bay, it’s always refreshing to hear from former prisoners — and, in many cases, to see their faces and hear their voices for the very first time.
The highlights of “Life After Guantánamo,” Al-Jazeera America’s newly released documentary about Guantánamo (available below, via YouTube) are interviews with two released Yemeni prisoners, Mohammed Hassan Odaini (freed in July 2010), and Farouq Ali Ahmed (freed in December 2009). I told the story of Ahmed, the victim of two notoriously false allegations made by other prisoners, in an article following his release, and I told the story of Odaini, an innocent student seized in a house raid in Pakistan in March 2002, in a series of articles between May 2010, when he had his habeas corpus petition granted, and his release 48 days later (see here, here and here).
At the time, it was clear to me that both men were palpably innocent, and seeing and hearing them now only confirms it. Both are charming and articulate, working, married, and expecting their first children, and, importantly, neither man even remotely fulfils American fears that released Yemenis will “return to the battlefield.” Read the rest of this entry »
This article, published simultaneously here and on the “Close Guantánamo” website, contains exclusive information from the unclassified notes of a visit to Abdelhadi Faraj — a Syrian prisoner, and one of 86 men cleared for release from Guantánamo but still held — by his attorney, Ramzi Kassem, in October 2012. During that visit, Faraj spoke about the death of Adnan Latif, the Yemeni prisoner who died at Guantánamo last September, and the notes from that visit, made available to me via Ramzi and his team at CUNY (the City University of New York) are compared and contrasted with the military’s own account, as described in a report released to the journalist Jason Leopold through FOIA legislation at the start of July 2013.
Ten months ago, on September 8, 2012, Adnan Latif, a Yemeni prisoner in Guantánamo, died in his cell. While no one at the time knew the circumstances of his death, it was clear that, however he had died, it was the fault of all three branches of the US government – of President Obama and his administration, of Congress, and of the Supreme Court and the court of appeals in Washington D.C. (the D.C. Circuit Court).
Latif, who had severe mental health problems, had been cleared for release in 2006 by a military review board under George W. Bush, and again by the inter-agency Guantánamo Review Task Force, established by President Obama shortly after taking office in January 2009. He also had his habeas corpus petition granted by a District Court judge in July 2010, but the Obama administration appealed that ruling, and the D.C. Circuit Court overturned it in November 2011. In 2012, when Latif appealed to the Supreme Court, the highest court in the land refused to accept his case (or those of six other prisoners), and three months later he was dead.
Two weeks ago, in response to a FOIA request submitted by the journalist Jason Leopold, the military released its report into Latif’s death, which found that the prison guards and medical personnel responsible for him had failed to follow the prison’s rules in dealing with him, and that Latif himself had “hoarded medications and ingested them shortly before he was found unresponsive in his cell.”
However, not everyone finds this explanation convincing. Read the rest of this entry »
In preventing the release of prisoners from Guantánamo, all three branches of the US government are responsible. President Obama promised to close the prison within a year of taking office, but he lacked a concrete plan, and soon caved in to criticism, blocking a plan by White House counsel Greg Craig to bring some cleared prisoners who couldn’t be safely repatriated — the Uighurs, Muslims from China’s Xinjiang province — to live in the US, and imposing a ban on releasing all Yemenis after it was discovered that a failed plot to blow up a plane bound for the US on Christmas Day 2009 was hatched in Yemen.
Congress, in turn, imposed ban on bringing prisoners to the US mainland, and, in the last two versions of the National Defense Authorization Act, a ban on releasing prisoners to any country where even a single released prisoner has allegedly engaged in recidivism (returning to the battlefield), and a requirement that, if a prisoner were to be released, the Secretary of Defense would have to certify that they would not be able, in future, to engage in any terrorist activities — a requirement that appears to be impossible to fulfill.
Largely overlooked has been the responsibility of the judiciary — and specifically, the Court of Appeals in Washington D.C. (the D.C. Circuit Court), and the Supreme Court, but their role in keeping men at Guantánamo is also crucial.
Nine years ago, in June 2004, in Rasul v. Bush, the Supreme Court granted the prisoners habeas corpus rights, a momentous ruling that pierced the veil of secrecy that had allowed the Bush administration to establish a torture regime at Guantánamo, and also allowed the prisoners to be represented by lawyers, who were allowed to visit them. Read the rest of this entry »
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. Also, please see our updated Guantánamo prisoner list here, which now, for the first time, provides the status of all of the remaining 166 prisoners, based on the “Final Dispositions” of President Obama’s Guantánamo Review Task Force (dated January 22, 2010, but only made publicly available on June 17, 2013) indicating whether they have been cleared for release, whether they have been designated for indefinite detention without charge or trial, and whether they were recommended for prosecution.
On June 17, 2013, through FOIA (Freedom of Information Act) legislation, a long-standing mystery was solved — the identities of the Guantánamo prisoners recommended for trial, for indefinite detention and for “conditional detention” by the inter-agency Guantánamo Review Task Force that President Obama established after taking office in January 2009 — when the task force’s “Final Dispositions as of January 22, 2010″ were released by the Department of Justice.
The “Final Dispositions” document contains the names of 240 prisoners, one short of the total number of prisoners held when the the task force began its deliberations — that extra prisoner being Ali Hamza al-Bahlul, who was convicted after a one-sided trial by military commission in November 2008, at which he refused to mount a defense, and given a life sentence.
Of those 240, the task force, in its final report in January 2010, recommended 156 for release, 36 for trials and 48 for indefinite detention without charge or trial, but did not reveal which prisoners were assigned to the various categories.
71 were subsequently released, and three died, leaving 166 men still held. Read the rest of this entry »
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