Last week, as I reported here, a Periodic Review Board was convened to look at the case of Obaidullah, an Afghan prisoner at Guantánamo, to see if he can be approved for release. The PRBs are a high-level, US government process, assessing the cases of prisoners who are not facing trials, and have not already been approved for release by the last review process, the Guantánamo Review Task Force, which President Obama established shortly after taking office in January 2009.
31 men have so far had their cases considered, and in 20 cases have been approved for release, while eight men have had their ongoing imprisonment approved (although they are eligible for further reviews), and three are awaiting the results of their reviews.
The 31st prisoner to have his case considered, two days after Obaidullah, was Hani Saleh Rashid Abdullah (ISN 841), a 46-year old Yemeni, also identified as Said Salih Said Nashir. He is one of a group of six men seized in house raids in Karachi, Pakistan on September 11, 2002, on the same day that alleged 9/11 co-conspirator Ramzi bin al-Shibh was seized, who were then sent to CIA-run torture prisons for six weeks. They were initially regarded as recruits for a specific terrorist attack, although the government has long since walked away from this claim, as became apparent when the first of the six, Ayub Murshid Ali Salih (ISN 836), had his PRB in February, and was approved for release last month. Read the rest of this entry »
Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.
Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.
The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” Read the rest of this entry »
Last week, I published an article about the latest releases from Guantánamo — two Libyans, one of whom was Omar Mohammed Khalifh, a Libyan amputee seized in Pakistan in a house raid in 2002.
Khalifh had been approved for release last September by a Periodic Review Board — a process set up two and a half years ago to review the cases of all the men still held at Guantánamo who were not either facing trials (just ten men) or had not already been approved for release in 2010 by another review process, the Guantánamo Review Task Force.
Until the PRB’s decision was announced, I thought Khalifh had been seized in a house raid in Karachi, Pakistan in February 2002, but the documentation for the PRB revealed that he had been seized in a house raid in Faisalabad on March 28, 2002, the day that Abu Zubaydah, a training camp facilitator mistakenly regarded as a senior member of Al-Qaeda, was seized in another house raid. I had thought that 15 men had been seized in the raid that, it now transpires, also included Khalifh, but I had always maintained that they had been seized by mistake, as a judge had also suggested in 2009, and in fact 13 of them have now been released (and one other died in 2006), leaving, I believe, just two of the 16 still held. Read the rest of this entry »
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.
In its latest “Unclassified Summary of Final Determination,” a Periodic Review Board at Guantánamo — a high-level review process involving representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — decided, by consensus, that “continued law of war detention” of Suhayl Abdul Anam al-Sharabi (aka Zohair al-Shorabi, ISN 569), a 38- or 39-year old Yemeni, “remains necessary to protect against a continuing significant threat to the security of the United States.”
The decision, dated March 31, 2016, and following on from his PRB on March 1, is not entirely surprising for two reasons — firstly, because of allegations levelled against al-Sharabi, suggesting that he was actually involved with terrorists, unlike the majority of prisoners held at Guantánamo since the prison opened in January 2002, and, coupled with this, a failure on his part to show contrition, and to come up with a plan for his future.
In its determination, the board stated that its members had “considered the detainee’s past involvement with terrorist activities to include contacts with high-level al Qaeda figures, living with two of the 9/11 hijackers in Malaysia, and possible participation in KSM’s plot to conduct 9/11-style attacks in Southeast Asia. The Board noted the detainee’s refusal to admit the extent of his past activities, as well as his evasive and implausible responses to basic questions. Further, the Board considered the detainee’s defiant behavior while in detention, which has only recently changed to be more compliant, and the detainee’s lack of a credible plan for the future.” Read the rest of this entry »
On April 3, two Libyans — former opponents of Colonel Gaddafi, who was overthrown in 2011 — were freed from Guantánamo and resettled in Senegal, whose Ministry of Foreign Relations issued a statement pointing out that the two men were granted “asylum … in accordance with the relevant conventions of international humanitarian law, also in the tradition of Senegalese hospitality and Islamic solidarity with two African brothers who have expressed interest in resettlement in Senegal after their release.”
The two men — Omar Mohamed Khalifh, 44 (ISN 695), and Salem Gherebi, 55 (ISN 189) — are the first former prisoners to be resettled in the west African country, and with their release 89 men remain in Guantánamo, of whom 35 have been approved for release — 23 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, and 12 other approved for release since January 2014 by another high-level review process, the Periodic Review Boards.
Khalifh, also identified as Omar Khalif, went before a Periodic Review Board in June 2015 and was approved for release in September, bringing freedom within sight for an amputee with numerous other health problems who, as the Libyan-born British resident Omar Deghayes (released from Guantánamo in December 2007) told me in 2010, was not who the Americans thought he was: Read the rest of this entry »
Last week, the Periodic Review Boards at Guantánamo made two decisions — to recommend one prisoner for release, and to recommend another for ongoing imprisonment. The decisions mean that, since the PRBs began in November 2013, 20 prisoners have now been approved for release, while five have had their ongoing imprisonment recommended, a success rate, for the prisoners, of 80%.
This is all the more remarkable — and all the more damaging for the government’s credibility — because the PRBs were established to review the cases of all the men not recommended for trials, and not already approved for release (by the high-level, inter-agency Guantánamo Review Task Force that President Obama established when he took office in 2009) — men who were described as “too dangerous to release”; a description that, it now transpires, was patently untrue, as myself and other commentators remarked at the time.
The task force itself acknowledged that it had insufficient evidence to put these men on trial, which alarmed those of us paying close attention, as it obviously meant that what purported to be evidence was not evidence at all, but a collection of dubious statements made by the prisoners themselves, or by their fellow prisoners, possibly involving the use of torture or other forms of abuse, or assessments that, because of their behavior, and threats they may have made while at Guantánamo, it was unsafe to release them. It should be noted that these assessments of the threat level may or may not have been true, because, of course, men treated as appallingly as the Guantánamo prisoners have been might not have posed a threat, but might only have been extremely indignant about the circumstances of their imprisonment. Read the rest of this entry »
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 »
Last week, Sharqawi Abdu Ali Al-Hajj (aka Abdu Ali Sharqawi), a 41-year old Yemeni, became the 29th Guantánamo prisoner to have his case considered by a Periodic Review Board, the review process that, since 2013, has been reviewing the cases of all the prisoners not facing trials (just ten men) and those not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.
Of the 91 men currently held, 24 were approved for release by the task force but are still held, while 12 others have been approved for release by Periodic Review Boards. Discounting the ten facing trials, that leaves 45 men awaiting PRBs, or the results of PRBs, which, it seems certain, will add to the number of men approved for release.
23 men have so far had decisions taken on their PRBs, and in 19 of those cases the review boards have recommended them for release, a success rate of 83%. What ought to make this shameful for the administration is that the men facing PRBs were described by the task force as “too dangerous to release” six years ago, but those claims have unravelled under further scrutiny. At the time, the task force accepted that it was holding men who couldn’t be put on trial, because the information used to defend their detention wouldn’t stand up in a court, but refused to acknowledge that this meant that it was fundamentally unreliable. The task force also regarded men as dangerous based on their resistance in Guantánamo, but the PRBs are now functioning more like a parole process, and allowing prisoners the opportunity to demonstrate why they do not pose a threat, and will not pose a threat in the future. Read the rest of this entry »
As the dust settles on President Obama’s plan to close the prison at Guantánamo Bay before he leaves office, and defense secretary Ashton Carter urges Congress to drop its ban on bringing prisoners to the US mainland, one key element of the plan — Periodic Review Boards, assessing, on a case by case basis, whether or not around half of the 91 men still held can be released — continue to deliver significant results.
Two weeks ago, a Yemeni, Majid Ahmad — once, I believe, mistakenly described as a bodyguard for Osama bin Laden — was approved for release, and last week the Periodic Review Secretariat announced another release, bringing the total number of men approved for release to 19, out of 22 results, a success rate of 86%. 36 of the 91 men still held have now been approved for release, 24 since 2010, and 12 through the PRBs (to add to the seven men already freed as a result of the PRBs).
As I noted last week, the success rate “reveals the extent to which dangerous hyperbole has played such a significant part in the story of Guantánamo, as these are men regarded six years ago as ‘too dangerous to release’ by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, even though the task force also conceded that insufficient evidence existed to put them on trial,” which “should have been a sign that the information used to continued imprisoning these men was profoundly unreliable, produced through the use of torture or other forms of abuse, or through bribing prisoners with better living conditions.” Read the rest of this entry »
Last week — delayed for a week because of bad weather — the 24th Periodic Review Board took place at Guantánamo, for Yasin Ismail (aka Yassin Ismail), a Yemeni prisoner who is reportedly 36 years old — although, years ago, one of his lawyers stated that his year of birth had incorrectly been recorded as 1979, when he was actually born in 1982, which would mean that he is currently 33 years old. I note that no one, apart from Human Rights First, has actually written about this PRB.
The Periodic Review Boards were established in 2013 to review the cases of prisoners regarded as “too dangerous to release” by the the high-level, inter-agency Guantánamo Review Task Force that, in 2009, had reviewed the cases of all the prisoners held when Barack Obama took office. Alarmingly, these men — 46 in total — were given this description even though the task force acknowledged that insufficient evidence existed to put them on trial. In other words, rumor, hearsay and unreliable statements by the prisoners themselves, or by their fellow prisoners, hinted that they were dangerous, when that might not have been true at all.
25 other prisoners, initially recommended for prosecution, were also made eligible for the PRBs after the basis of their trials collapsed following a series of devastating rulings by the court of appeals in Washington, D.C., which ruled that Congress had invented a raft of war crimes, and had used them to illegally prosecute prisoners in Guantánamo’s already discredited military commission trial system. Read the rest of this entry »
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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