Prisoners in Guantánamo Ask to be Freed Because of the End of the War in Afghanistan

Guantanamo prisoner Obaidullah before his capture, in a photo provided to his lawyers by his family in Afghanistan.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.

On March 30, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration asking for their clients to be released.

The five men in question are: Haji Hamdullah (aka Haji Hamidullah), ISN 1119; Mohammed Kamin, ISN 1045; Bostan Karim, ISN 975; Obaidullah, ISN 762; and Abdul Zahir, ISN 753.

The lawyers wrote, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.” Read the rest of this entry »

Guantánamo “An Endless Horror Movie”: Hunger Striker Appeals for Help to Inter-American Commission on Human Rights

Muaz al-Alawi (aka Moath al-Alwi), in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.In the long struggle for justice at Guantánamo — a prison intended at its founding, 13 years ago, to be beyond the law — there have been few occasions when any outside body has been able to exert any meaningful pressure on the US regarding the imprisonment, mostly without charge or trial, of the men held there.

One exception is 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 IACHR has long taken an interest in Guantánamo (as this page on their website explains), and three years ago delivered a powerful ruling in the case of Djamel Ameziane, an Algerian who was still held despite being approved for release (a situation currently faced by 56 of the 122 men still held). Read the rest of this entry »

Periodic Review Boards at Guantánamo: Another Yemeni Cleared for Release, Another Approved for Ongoing Detention

Guantanamo prisoner Saeed Jarabh, in a photo from the classified military files released by WikiLeaks in 2011.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.

It was, on paper at least, a good week last week for Saeed Ahmed Mohammed Abdullah Sarem Jarabh (ISN 235), a 36-year old Yemeni prisoner who has been held at Guantánamo for over a third of his life — since he was 23.

The good news on paper — almost certainly the best news Saeed Jarabh has received at Guantánamo — is that he has been approved for release by a Periodic Review Board, the review process established in 2013 to review the cases of all the prisoners who were not approved for release by President Obama’s high-level, interagency Guantánamo Review Task Force in 2009-10 — with the exception of the ten men who are facing, or have faced trials. The review boards consist of 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.

The Unclassified Summary of Final Determination for Jarabh, which was dated March 5, 2015, but wasn’t made publicly available until last week, stated that his review board, by consensus, determined that “continued law of war detention of the detainee is no longer necessary to protect against a continuing significant threat to the security of the United States.” Read the rest of this entry »

13th Guantánamo Prisoner Seeks Release Through Periodic Review Board

Mashur al-Sabri, in a photo included in the classified US military documents (the Detainee Assessment Briefs) released by WikiLeaks in April 2011.

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.

On March 3, a Periodic Review Board (PRB) was held at Guantánamo for Mashur al-Sabri (ISN 324), a 37-year old Yemeni “forever prisoner,” born in December 1977 in Mecca, Saudi Arabia to Yemeni parents. He is one of 71 men designated for PRBs in 2013 — 46 recommended for ongoing imprisonment without charge or trial by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010 (on the extremely dubious basis that they were too dangerous to release but that insufficient evidence existed to put them on trial), and 25 others who had been recommended for prosecution, until the military commission trial system began to severely collapse following a devastating appeals court ruling in 2012.

The reviews began in November 2013, and twelve took place between then and February this year. Ten decisions have been taken to date, with seven men recommended for release, and two of those seven freed. See here, here and here for my archive of articles about the Periodic Review Boards.

Mashur al-Sabri’s PRB, on March 3, was the 13th case to be looked at by the board, which consists of 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. It was the first time al-Sabri’s case had been looked at since February 2011, when his habeas corpus petition was denied, because the judge in his case, Judge Ricardo Urbina, concluded that he had received military training and had “traveled to the battle lines in Afghanistan as part of the Taliban or al-Qaida and remained part of those forces at the time of his capture in early 2002.” Read the rest of this entry »

As Last Egyptian Is Cleared for Release from Guantánamo, Another Yemeni Faces Periodic Review Board

Guantanamo prisoner Tariq al-Sawah as a young man, prior to his capture and transfer to Guantanamo, where his weight has ballooned, and, as a result, his health is severely threatened. Photo made available by his family.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 have been campaigning, since we launched in January 2012, on the 10th anniversary of the opening of Guantánamo, for all the prisoners held at Guantánamo to be freed, unless they are to be charged and tried, and we are pleased to note that, as part of a new review process, the Periodic Review Boards (PRBs), established in 2013, seven men who had long been regarded as “too dangerous to release” have had those decisions overturned, and have had their release recommended.

Six of these decisions were taken last year, but the latest decision, which was taken on February 12 but was not reported until today, was for Tariq al-Sawah, the last Egyptian in Guantánamo, to be released — which, we hope, will happen soon. I wrote about his PRB, on January 22, here, describing the 57-year old’s serious health problems, as well as the absurdity of continuing to hold someone regarded as having provided a wealth of useful information, and I find it entirely appropriate that the board has recommended his release.

In its Unclassified Summary of Final Determination, the review board stated: Read the rest of this entry »

Video: Andy Worthington Speaks About Guantánamo and We Stand With Shaker in New York, Plus Lawyers Ramzi Kassem and Omar Farah

Andy Worthington speaking at a Guantanamo event in Rutgers Presbyterian Church in New York on January 8, 2015 (Photo: Cat Watters).I’m still catching up with some of the media from my recent US tour, and delighted that, just a few days ago, a film-maker called Edward Briody posted videos from the event I took part in in New York on January 8. Entitled, “Close the US Torture Camp at Guantánamo NOW: Stand with Shaker Aamer, Fahd Ghazy & all the Prisoners Unjustly Held,” the event was introduced by Debra Sweet, the national director of the campaigning group World Can’t Wait (who organized my tour), and, as well as me, featured two lawyers for Guantánamo prisoners — Ramzi Kassem, a law professor at City University of New York, where where he directs the Immigrant & Non-Citizen Rights Clinic, and Omar Farah of the Center for Constitutional Rights.

It was a great event, at Rutgers Presbyterian Church on West 73rd Street. Around 80 people braved the extremely inclement weather to come and listen to us talk — me speaking about We Stand With Shaker, the campaign I launched with activist Joanne MacInnes in November, to call for the release from Guantánamo of Shaker Aamer, the last British resident in the prison, and in particular to put pressure on David Cameron to secure Shaker’s return as swiftly as possible.

I also spoke about Guantánamo in general, just three days before the 13th anniversary of the opening of the prison, making particular reference to the dubious information, masquerading as evidence, that, in 2009, President Obama’s high-level, inter-agency Guantánamo Review Task Force used to recommend that 48 of the remaining prisoners should continue to be held without charge or trial because they were “too dangerous to release,” even though the task force conceded that there was insufficient evidence to put them on trial. Read the rest of this entry »

Who Are the Five Yemenis Released from Guantánamo and Given New Homes in Oman and Estonia?

One of the four Yemeni prisoners released in January 2015 in Oman - Abd al-Rahman Abdullah Abu Shabati (aka Abd al-Rahman Muhammad), in a photo from the classified military files relating to the Guantanamo prisoners, which were released by WikiLeaks in April 2011.Last week, on January 14, the population of Guantánamo was reduced again as five more men were released, leaving 122 men still held, 54 of whom have been approved for release. The released men are all Yemenis, and four were sent to Oman, in the Gulf, and one to Estonia. The releases reinforce President Obama’s commitment to closing Guantánamo, and mark the third release of Yemenis since the president’s promise to resume releasing prisoners in May 2013, after nearly three years in which the release of prisoners had almost ground to a halt because of opposition in Congress and the president’s refusal to spend political capital overdoing that opposition, and the specific lifting of a ban on releasing Yemenis that he had imposed after a failed airline bomb plot in December 2009 that had been hatched in Yemen.

Across the US establishment, there continues to be a refusal to countenance the repatriation of Yemenis, because of fears about the ongoing security problems in the country, and so third countries have had to be found — firstly, Georgia and Slovakia, then Kazakhstan, and now Estonia and Oman. Although Oman borders Yemen, Abdulwahab Alkebsi, an expert on Yemen at the Center for International Private Enterprise in Washington, D.C., described Oman to the Miami Herald as “one of the more stable countries in the Arab World with a vast desert between it and neighboring Yemen.” Socially, he said, “Oman will be a better place to reintegrate into life than Latin America or Europe,” with, as the Miami Herald put it, “a common language, stable economy, educational and business opportunities that provide a better quality of life than impoverished Yemen.”

The first of the four men released in Oman is Khadr al-Yafi (aka Al-Khadr Abdallah al-Yafi), ISN 34, who was 31 years old when he was seized crossing from Afghanistan to Pakistan with a group of other men. Al-Yafi had been a farmer in Yemen, and had served for two and a half years in the Yemeni army before traveling to Afghanistan. He said that after hearing a sermon, he “decided to return home and sell his sheep so that he could travel to Afghanistan to teach.” Read the rest of this entry »

Who Are the Five Guantánamo Prisoners Given New Homes in Kazakhstan?

Three of the five prisoners released from Guantanamo and given new homes in Kazakhstan in December 2014. From L to R: Adel al-Hakeemy, a Tunisian, and two Yemenis, Mohammed Ali Hussain Khenaina and Sabri Mohammad Ibrahim al-Qurashi, in photos included in the classified US military files released by WikILeaks in 2011. No public photos exist of the other two men freed.On December 30, five men were released from Guantánamo, bringing to 28 the number of men released from the prison in 2014, and reducing the prison’s population to 127. The five men were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office in January 2009, and three of them had previously been approved for release under President Bush.

The released prisoners — two Tunisians and three Yemenis — were not returned to their home countries, but were given new homes in Kazakhstan. As the New York Times described it, “Officials declined to disclose the security assurances reached between the United States and Kazakhstan,” but a senior Obama administration official stated that the five “are ‘free men’ for all intents and purposes after the transfer.”

The Obama administration is to be commended for its efforts, although, of the 127 men still held, 59 were also approved for release in 2009 by President Obama’s Guantánamo Review Task Force, and there can be no rest for campaigners until these men are also freed. 52 of them are Yemenis, whose release was prohibited by President Obama and by Congress in 2010 after it was revealed that a failed airline bomb plot in December 2009 had been hatched in Yemen. Read the rest of this entry »

As Three Yemenis Are Freed from Guantánamo, Video Highlights Plight of 52 Others, Long Cleared for Release

Fahd Ghazy, photographed before his capture and his rendition to Guantanamo.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.

On January 11, 2015, the prison at Guantánamo Bay will have been open for 13 long and unforgivable years. In the last year, President Obama has released 30 prisoners from Guantánamo, leaving 127 men still held, and today, on the last day of the year, the last of those 30 men — three Yemenis and two Tunisians, all approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009 — were given new homes in Kazakhstan.

This is progress, after the lean period between October 2010 and July 2013 when just five men were released, because Congress imposed obstacles that the president was unwilling to expend political capital overcoming. However, 59 of the prisoners still held are men who, like the five just freed, are men the Guantánamo Review Task Force said should no longer continue to be held back in 2009, and their continued detention, therefore, remains a source of serious concern.

Of the 59, all but seven are Yemenis, and whilst it is reassuring that Yemenis approved for release are finally being freed — after nearly five years in which their release was banned by both the president and Congress, following a foiled airline bomb plot in December 2009 that was hatched in Yemen — it is still a significant uphill struggle for the administration to find new homes for these 52 men. Read the rest of this entry »

Who Are the Five Guantánamo Prisoners Given New Homes in Georgia and Slovakia and Who Is the Repatriated Saudi?

Abdel Ghalib Hakim, a Yemeni prisoner in Guantanamo who was released to start a new life in Georgia in November 2014. Hakim is seen in a photograph from Guantanamo included in the classified military files released by WikiLeaks in 2011.On November 20, five men — long cleared for release — were freed from Guantánamo to begin new lives in Georgia and Slovakia. Four of the men are Yemenis, and the fifth man is a Tunisian. Two days after, a Saudi was also released, repatriated to his home country. The releases reduce the prison’s population to 142, leaving 73 men still held who have been approved for release — 70 by the Guantánamo Review Task Force that President Obama established to review all the prisoners’ cases in 2009, and three this year by Periodic Review Boards, a new review process that began in October 2013. Of the 73, it is worth noting that 54 are Yemenis.

The Yemenis given new homes in Georgia and Slovakia are the first Yemenis to be freed in over four years — since July 2010, when Mohammed Hassan Odaini, a student seized by mistake, was released after having his habeas corpus petition granted by a US judge. Until Thursday’s releases, he was the only exception to a ban on releasing any Yemenis that was imposed by President Obama in January 2010 (and was later reinforced by Congress), after a Nigerian man recruited in Yemen, Umar Farouk Abdulmutallab, tried and failed to blow up a plane from Europe to Detroit with a bomb in his underwear. Last May, President Obama dropped his ban on releasing any Yemenis, stating that their potential release would be looked at on a case by case basis, but it took until last Thursday for any of them to be released.

The release of these four Yemenis to Georgia and Slovakia strongly indicates that the entire US establishment’s aversion to releasing any Yemenis to their home country remains intact, which cannot be particularly reassuring for the 54 other Yemenis approved for release, because most third countries persuaded to take in former Guantánamo prisoners don’t take more than a handful. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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