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:

For nearly 12 years, Djamel Ameziane, an Algerian citizen, was arbitrarily detained without charge at the Guantánamo Bay prison camp. During his detention, Ameziane was tortured and suffered from other forms of abuse. In 2008, the US approved his release from Guantánamo, yet he remained imprisoned for another five years. In December 2013, Ameziane was forcibly repatriated to Algeria despite having fled from violence and persecution for belonging to a minority ethnicity.

As CCR also explained:

The hearing marked the first time the IACHR was asked to issue a merits report based on human rights violations suffered by a former detainee at the Guantánamo Bay detention center. Throughout their presentation, the petitioners highlighted the importance of the Commission’s role in addressing the impunity and lack of reparations in Ameziane’s case, and also highlighted that his detention and torture were never contested by the State. Moreover, the petitioners noted that the decision itself would mark a historic victory for Ameziane and other victims of the War on Terror.

Crucially, the lawyers also “voiced Ameziane’s own requests, which he had previously submitted in writing,” and which have particular relevance because Donald Trump has repeatedly stated his intention to not only keep Guantánamo open, but also to bring new prisoners there. In his statement, as CCR described it, “Ameziane urged OAS member states to remain involved in the issue given the current context in the US, and assist in the transfer of Guantánamo detainees and supporting efforts to close the detention center, among others.”

Ameziane stated, “Members of the Commission, what I respectfully ask of you today is this: Please issue a merits decision and decide my case. I ask you to order reparations and other relief so that I can get the assistance that I need and move forward with my life, and put Guantánamo behind me forever. I also want an apology. I ask the representatives of the US: Will you say on behalf of your government that you are sorry for what the US Government did to me?”

Speaking about the hearing, Elsa Meany, Senior Attorney at CEJIL, said, “This is not a case with complicated considerations of law, as all the violations detailed were committed against Djamel by state actors, while in state custody. The Commission has, in fact, already undertaken much of the legal analysis necessary to decide this case. However, the current legal framework in the US provides civil and criminal immunity for those responsible that effectively provides an amnesty for grave violations of human rights, in contravention of clear Inter-American standards. A decision by the Commission will constitute a decisive step towards accountability and recognition of Djamel’s fight for justice and reparations.”

Wells Dixon, Senior Staff Attorney at CCR, said, “Over the past 16 years, the Commission has not yet issued a Merits Report in relation to the violations committed by the United States within the framework of the War on Terror, despite having multiple pending cases regarding rendition, unlawful and arbitrary detention and torture at Guantánamo. We urge the Commission to build on existing jurisprudence and decide the present case, consolidating a set of standards that will have implications in this region and globally.”

CCR also explained that, at the hearing, “the Commissioners stated they would continue to study the issue and expressed consternation at Ameziane’s prolonged detention at the camp without any charges, indicating that reparations should be made, including, at a minimum, that his personal belongings be returned.”

CCR added, “If the IACHR rules in favor of Ameziane, it would be the first case regarding human rights violations committed at the Guantánamo Bay prison that a regional human rights body issues a decision on. The decision would mark a historic victory for him and Guantánamo Bay detainees and their right to judicial reparations.”

The IACHR and Guantánamo: the background

Djamel Ameziane’s case has, memorably, been before the IACHR before. In April 2012, as I reported at the time, the IACHR accepted jurisdiction over his case, the first time the organization had accepted jurisdiction over the case of a Guantánamo prisoner.

President Obama responded by forcibly repatriating Ameziane (and another Algerian) in December 2013, even though, when the IACHR was first notified go Ameziane’s case in 2008, they had stated, unambiguously, that “[a]ll necessary measures must be taken to ensure Djamel Ameziane is not transferred to a country where he would face persecution” — a requirement that, objectively, the Algerian government could not be trusted to uphold.

Since then, two more Guantánamo prisoners have submitted their cases to the IACHR. The first, as I reported in an article entitled, Guantánamo “An Endless Horror Movie”: Hunger Striker Appeals for Help to Inter-American Commission on Human Rights, is Muaz al-Alawi, identified in Guantánamo as Moath al-Alwi, who, in February 2015, urged the IACHR to “issue precautionary measures to end his indefinite detention,” and the second, in March last year, as I reported at the time in an article entitled, US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo, was on behalf of one of the so-called “high-value detainees” at the prison.

In March 2015, the IACHR issued a resolution in al-Alwi’s case calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Nevertheless, al-Alwi continues to be held, and in February, Judge Richard Leon, a district court judge, denied his efforts to be released based on a plausible argument that, as Buzzfeed described it, “he could no longer be held because the US combat mission in Afghanistan was over,” in which he cited statements to that effect by President Obama.

Meanwhile, on August 9, in Mohammad Rahim’s case, Maj. James Valentine sent out an email noting that the IACHR had issued precautionary measures against the United States on July 25, 2017 relating to his indefinite detention, torture and lack of medical treatment, and requesting that the US respond, within 15 days from the date of August 2, with “pertinent observations” regarding the precautionary measures. There is no news about whether or not the Trump administration has responded.

Note: In a second article to accompany this one, I’ll post Djamel Ameziane’s full statement.

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and the Countdown to Close Guantánamo initiative, launched in January 2016), the co-director of We Stand With Shaker, which called for the release from Guantánamo of Shaker Aamer, the last British resident in the prison (finally freed on October 30, 2015), and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by the University of Chicago Press in the US, and available from Amazon, including a Kindle edition — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US).

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, and The Complete Guantánamo Files, an ongoing, 70-part, million-word series drawing on files released by WikiLeaks in April 2011. Also see the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

EXCLUSIVE: Fears for Long-Term Hunger Striker at Guantánamo: Lawyers Urge Court to Order Independent Medical Examination

Guantanamo prisoner Sharqawi al-Hajj and some text summarizing his predicament in September 2017.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 Wednesday, in a story that has not been reported elsewhere, the New York-based Center for Constitutional Rights (CCR) filed an emergency motion asking for an independent medical examination and medical records for Sharqawi al-Hajj, a Yemeni held without charge or trial at Guantánamo since September 2004, who, as CCR put it, “was held in secret detention and brutally tortured for over two years” before his arrival at Guantánamo.

CCR submitted an emergency motion after al-Hajj, who recently embarked on a hunger strike, and refused to submit to being force-fed, “lost consciousness and required emergency hospitalization.”

In the most chilling line in their press release about the emergency motion, CCR noted, “As of a recent phone call with his attorneys, Al Hajj was still on hunger strike and weighed 104 pounds.”

As CCR explained, “His hunger strike compounds long-standing concerns about his health. Prior to his detention, Al Hajj was diagnosed with the Hepatitis B virus, an infection affecting the liver that can be life-threatening, and experiences chronic, potentially ominous related symptoms, including jaundice, extreme weakness and fatigue, and severe abdominal pain.” Read the rest of this entry »

Please Read My New Article for Al-Jazeera About the Five Men Still Held at Guantánamo Who Were Approved for Release Under Obama

A screenshot of my latest article for Al-Jazeera on June 30, 2017.Dear friends and supporters — and any casual passers-by,

I’m delighted to announce that my latest article for Al-Jazeera, Abdul Latif Nasser: Facing life in Guantánamo, has just been published, and I encourage you to read it, and to share it as widely as possible if you find it useful.

In it, I look at the cases of the five men still held at Guantánamo who were approved for release under President Obama, but who didn’t make it out before Donald Trump took over, with a particular focus on Abdul Latif Nasser, a Moroccan whose government sought his release, but failed to get the paperwork to the US authorities in time. I also look at the cases of Sufyian Barhoumi, an Algerian, and Tawfiq al-Bihani, a Yemeni. The two other men, sadly, don’t wish to have their cases discussed.

It’s important for these men’s cases to be remembered, because, although Donald Trump has not followed up on threats he made after taking office to send new prisoners to Guantánamo and to reintroduce torture, he has effectively sealed the prison shut for the last five months, releasing no one, and showing no signs of wanting to release anyone, and those of us who care about the ongoing injustice of Guantánamo must continue to do what we can to bring this deplorable state of affairs to an end. Read the rest of this entry »

Two Guantánamo Cases Make It to the Supreme Court; Experts Urge Justices to Pay Attention

Ali Hamza al-Bahlul and Abd al-Rahim al-Nashiri, Guantanamo prisoners who have submitted petitions to the Supreme Court.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.

Even before the Bush administration set up its “war on terror” prison at Guantánamo Bay, Cuba, legal experts were profoundly alarmed by proposals for how those seized as alleged terrorists would be tried. On November 13, 2001, President Bush signed a military order prepared by Vice President Dick Cheney and his senior lawyer, David Addington, which authorized the use of military commissions to try prisoners seized in the “war on terror,” preventing any prisoner from having access to the US courts, and authorized indefinite detention without due process.

Under the leadership of Michael Ratner at the New York-based Center for Constitutional Rights, lawyers prepared to challenge the proposals in the military order in the courts. The stripping of the prisoners’ habeas corpus rights and the prevention of their access to the courts eventually made it to the Supreme Court in June 2004, when, in Rasul v. Bush, the Court, for the first time ever in wartime, ruled against the government, granting the prisoners habeas corpus rights.

Lawyers were allowed into Guantánamo, piercing the veil of secrecy that had allowed a regime of torture and abuse to thrive unmonitored, although President Bush immediately persuaded Congress to pass new legislation that again stripped the prisoners of their habeas rights. Further legal struggles then led to habeas rights being reintroduced in another Supreme Court case, Boumediene v. Bush, in June 2008. 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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