Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

In Guantánamo Habeas Corpus Case, Lawyers Insist That Trump’s Stated Intention of Not Releasing Any Prisoners Renders Their Imprisonment “Perpetual” — and Illegal

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

On January 11, the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 prisoners still held submitted a habeas corpus petition to the District Court in Washington, D.C., arguing, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR’s press release also stated that the lawyers’ filing “argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly.” The lawyers added that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

In an article marking the submission of the habeas petition, I explained that the eleven men whose lawyers submitted the petition are “Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.” Read the rest of this entry »

Guantánamo Lawyers Urge International Criminal Court to Investigate US Torture Program

An image produced by AMICC (the American NGO Coalition for the International Criminal Court), which advocates for US participation in the ICC. The image was produced in 2016, in an article about the ICC's possible investigation into war crimes in Afghanistan, including those in which US forces were involved.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.

 

Ever since evidence first emerged of the US’s post-9/11 torture program — most conspicuously, via the photos of abuse in Abu Ghraib that were revealed in 2004, and the network of CIA “black sites” that were first revealed in the media in late 2005 — opponents of torture have sought to hold accountable those responsible for implementing torture in its various forms: in the CIA’s global network of “black sites,” in proxy prisons in other countries, in Afghanistan and Iraq, and at Guantánamo.

Their efforts have persistently been thwarted. President Obama, notoriously, used the “state secrets doctrine” to prevent torture victims from having their day in the US court system (check out the Jeppesen case in 2010, for example), and, earlier that year, after an internal Justice Department investigation into John Yoo and Jay Bybee, who wrote and approved the notorious “torture memos” of 2002 that purported to re-define torture so that it could be used by the CIA, concluded that they were guilty of “professional misconduct,” the Obama administration allowed a DoJ fixer to override that conclusion, deciding instead that they had merely exercised “poor judgment.”

In December 2014, an important step towards the truth came with the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 detention program (the Senate torture report, as it is more colloquially known), which delivered a devastating verdict on the program, even if it was not empowered to hold anyone accountable. And last August, there was good news when James Mitchell and Bruce Jessen, former military psychologists who had developed the torture program for the CIA, settled out of court — for a significant, but undisclosed amount — with several survivors of the rendition and torture program, and the family of another man, Gul Rahman, who had died in Afghanistan. Read the rest of this entry »

As Guantánamo Enters Its 17th Year of Operations, Lawyers Hit Trump with Lawsuit Stating That His Blanket Refusal to Release Anyone Amounts to Arbitrary Detention

After launching the new lawsuit against Donald Trump, lawyers with the Center for Constitutional Rights came to the White House to join the annual protest against Guantanamo's continued existence (on the left, legal director Baher Azmy, and on the right, Omar Farah and Pardiss Kebriaei. In the center is Advocacy Program Manager Aliya Hussain (Photo: Andy Worthington).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, including my current visit to the US.

 

January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.

The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.” Read the rest of this entry »

Guantánamo Lawyer: It is “Entirely Unprecedented” for Trump to “Take the Position That There Will Be No Transfers out of Guantánamo Without Regard to the Facts”

Abdul Latif Nasser and Sufyian Barhoumi, two of the five prisoners still held at Guantanamo who were approved for release by high-level government review processes under President Obama.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.

 

Just before Christmas, in an article entitled, “Men due to leave Gitmo under Obama seem stuck under Trump,” the Associated Press shone a light on the plight of five men approved for release from Guantánamo by high-level US government review processes under President Obama, but who were not released before Donald Trump took office. I wrote about these men for Al-Jazeera in June, in an article entitled, “Abdul Latif Nasser: Facing life in Guantánamo,” but it was excellent to see an update from the AP, because there has been no progress from Trump, who, while not following up on his ill-considered urges to expand the use of the prison, has effectively sealed it shut, showing no sign that he has any desire to follow up on the decisions to release these five men by freeing them.

In my article in June, I focused in particular on the case of Abdul Latif Nasser, a Moroccan prisoner who was approved for release in July 2016 by a Periodic Review Board, a parole-type process set up in 2013 by President Obama to assess the cases of men previously regarded as legitimate candidates for indefinite detention without charge or trial. They had been regarded as “too dangerous to release” by a previous review process, the Guantánamo Review Task Force, which met once a week throughout 2009, although the officials responsible for the PRBs also conceded that insufficient evidence existed to put them on trial, a tacit admission that the evidence itself was profoundly untrustworthy. This was definitively established by the PRB process between 2013 and 2016, when 64 men had their cases reviewed, 38 were approved for release, and all but Nasser, and an Algerian, Sufyian Barhoumi, were freed.

As I explained in my article in June, Nasser missed being released by just eight days, because the Moroccan government only notified the US that it would accept his repatriation on December 28, 2006, 22 days before Obama left office, but 30 days’ notification is required by Congress before any prisoner can be freed. Read the rest of this entry »

Guantánamo Hunger Striker Khalid Qassim Says, “We Are Like Lab Rats,” Says Doctor Told Him, “If You Lose Organs, It Is Your Choice”

Guantanamo prisoner Khalid Qassim, in a photo included in the classified military files released by WikiLeaks in 2011.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 Thursday, as I travelled across London to show solidarity with the victims of a recent injustice in the UK — the Grenfell Tower fire in June, in which 71 people died needlessly because safety standards had been so gravely eroded by those responsible for residents’ safety — the victim of another injustice, not adequately dealt with for 16 years, had an article published in the Guardian.

That victim of injustice is Khalid Qassim (aka Qasim), a Yemeni prisoner at Guantánamo, held for almost 16 years without charge or trial. That would be unacceptable if he were a prisoner of war, as it is longer than the absurdly long Vietnam War, and it is insulting to claim that any war can last forever. However, Qassim and all the men held at Guantánamo since January 2002 have never been held as prisoners of war under the Geneva Conventions, who can be held unmolested until the end of hostilities.

Instead, they are, essentially, the same prisoners without any rights whatsoever that the Bush administration first defined them as back in January 2002. Just ten of the 41 men still held are facing or have faced trials (in the military commission trial system that, in any case, is not fit for purpose), while the rest are still largely invisible, never tried, never charged, and unable to be freed except at the whim of the president. Read the rest of this entry »

“When Will My Organs Fail? When Will My Heart Stop?”: Guantánamo Hunger Striker Khalid Qassim Fears Death Under Trump’s New Policy

Guantanamo prisoner Khalid Qassim (aka Qasim), in a photo from the classified military files released by WikiLeaks in 2011.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.

 

It’s eleven days since prisoners at Guantánamo, represented by the human rights organization Reprieve, reminded a forgetful world of the never-ending injustice of the prison. Ahmed Rabbani, a Pakistani prisoner, and Khalid Qassim (aka Qasim), a Yemeni, both long-term hunger strikers, told their lawyers that, since September 20, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”

I wrote about the plight of the hunger strikers — and Donald Trump’s disturbing new policy — in an article last Saturday, but at the time the rest of the world’s mainstream media showed no interest in it. It took another four days for the New York Times to report on the story, and even then Charlie Savage accepted assurances from the US authorities that “an 11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect,” an assertion that I regard as untrustworthy, because the US military has a long track record of being untrustworthy when it comes to telling the truth about Guantánamo.

Last Thursday, Reprieve followed up on its initial reporting by securing an op-ed in Newsweek by Ahmed Rabbani, entitled, “Dear President Trump, Close Guantánamo Bay and Give Us a Fair Trial”, which I reported here, and on Friday the Guardian gave Khalid Qassim the opportunity to comment. His article, “I am in Guantánamo Bay. The US government is starving me to death,” is cross-posted below, and I hope you have time to read it, and will share it if you find it useful. Read the rest of this entry »

New York Times Finally Reports on Trump’s Policy of Letting Guantánamo Hunger Strikers Die; Rest of Mainstream Media Still Silent

An image of Guantanamo by Sami al-Haj, as reproduced by British artist Lewis Peake in 2008, based on a drawing by Sami that the Pentagon censors refused to allow the public to see. The drawing, one of a series of five, was commissioned by Sami's lawyers at the lawyer-led international human rights organization Reprieve.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.

 

So today, five days after the lawyer-led human rights organization Reprieve issued a press release, about how two of their clients had told them that, since September 20, prisoners on a long-term hunger strike were no longer being force-fed, and four days after I reported it (exclusively, as it turned out), the New York Times emerged as the first — and so far only — mainstream media outlet to cover the story, although even so its headline was easy to ignore: “Military Is Waiting Longer Before Force-Feeding Hunger Strikers, Detainees Say.”

As Charlie Savage described it, military officials at Guantánamo “recently hardened their approach to hunger-striking prisoners,” according to accounts given by prisoners to their lawyers, “and are allowing protesters to physically deteriorate beyond a point that previously prompted medical intervention to force-feed them.”

“For years,” Savage continued, “the military has forcibly fed chronic protesters when their weight dropped too much. Detainees who refuse to drink a nutritional supplement have been strapped into a restraint chair and had the supplement poured through their noses and into their stomachs via nasogastric tubes.” Read the rest of this entry »

An Extraordinarily Powerful, Poetic Article about Guantánamo and the Sea by Former Prisoner Mansoor Adayfi

Artwork by former Guantanamo prisoner Mohammed al-Ansi.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.

 

Back in March, following up on an NPR feature, I profiled former Guantánamo prisoner Mansoor al-Dayfi (aka Mansoor al-Zahari), a Yemeni citizen who was released from the prison in July 2016, but was not repatriated because the US refuses to send any Yemenis home, citing security concerns. Instead, like dozens of other men (including stateless Palestinians, and some other men in whose cases it was regarded as unsafe for them to be repatriated), he was sent to a third country after intense US negotiations.

In al-Dayfi’s case, he was sent to Serbia, where, it is clear, he has struggled to adapt, telling Arun Rath of NPR, “When they brought me to Serbia they make my life worse. They totally kill my dreams. It’s making my life worse. … Not because I like Guantánamo, but my life become worse here. I feel I am in another jail.”

He told Rath that, as I described it, “he wanted to be sent to an Arab country, and to protest his conditions he embarked on a hunger strike, just as he had at Guantánamo.”

It is impossible not to sympathise with al-Dayfi, an evidently bright man, and an insignificant prisoner of the “war on terror,” whose long imprisonment was a result of him being a victim of mistaken identity, and who, in Guantánamo, also developed a fascination for US culture, which, as I described it, involved him “becoming a fan of Taylor Swift, Shakira, Game of Thrones (although he felt there was too much bloodshed), US sitcoms, Christopher Nolan movies and Little House on the Prairie, which ‘remind[ed] him of his very rural home with few modern conveniences.’” 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 »

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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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