Lawyers’ Fears for Guantánamo “Forever Prisoner” Sharqawi Al-Hajj “After Rapidly Declining Health and Suicidal Statements”

Pardiss Kebriaei of the Center for Constitutional Rights (CCR), representing her client Sharqawi al-Hajj outside the White House on January 11, 2018, the 16th anniversary of the opening of the prison at Guantánamo Bay (Photo: Shelby Sullivan-Bennis).

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Disturbing news from the New York-based Center for Constitutional Rights (CCR), who report that one of their Guantánamo clients, Sharqawi al-Hajj, “stated on a recent call with his attorney that he wanted to take his own life.” CCR described this, in a press release, as “a first” in CCR’s long representation of al-Hajj, adding that their attorneys have responded to it “with the utmost seriousness.”

As they further explain, “His suicidal statements follow a steady and observable deterioration of his physical and mental health that his legal team has been raising the alarm about for two years. They are monitoring his condition as best they can, and will provide any further information as soon as they are able.”

In an eloquent statement, CCR’s lawyers said, “When things are in a state of perpetual crisis, as they seem all around today, it is easy to lose sight of just how extreme a situation is, and grow numb to it. We have lost sight of just how extreme the situation in the Guantánamo prison is. We have grown numb to it.”

Read the rest of this entry »

A Rare Court Victory Offers Hope for Guantánamo’s “Forever Prisoners”

Guantánamo prisoner Khalid Qassim, in a photograph included in his classified military file, released by WikiLeaks in 2011, and ‘Titanic in Black and White,’ an artwork he made at Guantánamo in 2017, consisting of paint over gravel mixed with glue, which was included in the show ‘Art from Guantánamo Bay’ at John Jay College of Criminal Justice in New York in 2017-18.

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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.

Anyone who has been following the alleged legal basis for the ongoing imprisonment without charge or trial of prisoners at Guantánamo should be encouraged by a ruling on June 21, 2019 by a three-judge panel — consisting of Judges Patricia A. Millett, Cornelia T. L. Pillard, and Harry T. Edwards — in the D.C. Circuit Court (the Court of Appeals for the District of Columbia) in Qassim v. Trump, a case involving Khalid Qassim, a 41-year old Yemeni citizen who has been held at Guantánamo without charge or trial for over 17 years.

Close Guantánamo’s co-founder Tom Wilner argued the case before the court, and, as he explains, the court “reversed an eight-year rule that has prevented Guantánamo detainees from seeing and rebutting the evidence purportedly justifying their detentions,” as part of a ruling in which the judges granted Qassim’s request to reverse the District Court’s denial of his petition for habeas corpus.

To give some necessary perspective to the significance of the ruling, it is important to understand that, for most of Guantánamo’s history, the law has failed to offer them adequate protections against executive overreach. In a glaring demonstration of arrogant folly after the terrorist attacks of September 11, 2001, the Bush administration decided that anyone who ended up in US custody would be treated neither as a criminal (to be charged and put on trial), nor as a prisoner of war protected by the Geneva Conventions, who could be held unmolested until the end of hostilities. Instead, the prisoners were designated as “unlawful enemy combatants”; essentially, human beings without any rights whatsoever.

Read the rest of this entry »

Guantánamo’s Periodic Review Boards: The Escape Route Shut Down by Donald Trump

Four of the Guantanamo prisoners currently going through the Periodic Review Board process. Clockwise from top left: Omar al-Rammah, Moath al-Alwi, Mohammed al-Qahtani and Abd al-Salam al-Hilah.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. If you can help, please click on the button below to donate via PayPal.




 

Anyone paying close attention to the prison at Guantánamo Bay will know that its continued existence, nearly 17 years after it first opened, is largely down to the success of some wildly inaccurate claims that were made about it when its malevolent business first began — claims that it held “the worst of the worst” terrorists, who were all captured on the battlefield.

In fact, as my research, and that of other researchers has shown, very few of the 779 men held by the US military at Guantánamo since the prison opened on January 11, 2002 can realistically be described as having had any meaningful involvement with al-Qaeda or the Taliban; perhaps just 3 percent, and certainly less than 5 percent. No one was captured on the battlefield, and the majority were either foot soldiers for the Taliban in an inter-Muslim civil war that predated 9/11, or civilians swept up in ill-advised dragnets. Many, if not most of those who ended up at Guantánamo were sold to the US by their Afghan and Pakistani allies for bounty payments, which averaged $5,000 a head, a huge amount of money in that part of the world.

Just 40 men are still held at Guantánamo, after George W. Bush released 532 men, and Barack Obama released 196. Nine men died, one was transferred to the US, to face a trial in which he was successfully prosecuted, and one more was reluctantly released by Donald Trump, or, rather, was transferred back to Saudi Arabia for ongoing imprisonment, as part of a plea deal negotiated in his military commission trial proceedings in 2014. Read the rest of this entry »

Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners is Bad for Them – and US Security

Four prisoners released from Guantanamo who have ended up in very different circumstances following the closure by Donald Trump of the office of the Special Envoy for Guantanamo Closure. Clockwise from top left: Abu Wa'el Dhiab, Omar Mohammed Khalifh, Abd al-Malik al-Rahabi and Ravil Mingazov.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. If you can help, please click on the button below to donate via PayPal.




 

I wrote the following article, as “Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners Endangers U.S. National Security,” 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.

The presence of Donald Trump in the White House has been an unmitigated disaster for anyone concerned about the ongoing existence of the prison at Guantánamo Bay, and any notion of justice regarding those held there, or, indeed, those freed from the prison over the years.

For Trump, the notion that there might be anything wrong — or un-American — about imprisoning people forever without any meaningful form of due process clearly doesn’t exist. Since he took office nearly two years ago, only one prisoner has been released, out of the 41 men still held at the prison when Obama took office; and that man, Ahmed al-Darbi, a Saudi, was only released, and transferred to ongoing imprisonment in Saudi Arabia, because of a plea deal he agreed to in his military commission trial proceedings back in 2014.

Trump, clearly, has no desire to meaningfully continue the parole-type process — the Periodic Review Boards — that Barack Obama initiated to release lower-level prisoners who could demonstrate that they didn’t pose a threat to the U.S. Indeed, his contempt for the process is such that he has shut down any possibility of the two men whose release was approved by Obama’s PRBs, but who didn’t get released before Obama left office, being freed by shutting down the State Department office that dealt with resettlements — the office of the Special Envoy for Guantánamo Closure. Read the rest of this entry »

“Saifullah Paracha: The Kind Father, Brother, and Friend for All at Guantánamo” by Mansoor Adayfi

Saifullah Paracha, photographed at Guantanamo several years ago (wearing white to show his status as a well-behaved prisoner) and Mansoor Adayfi photographed in Serbia when he was allowed to use the central library to study.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.




 

The following article was published on 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.

Those who take an interest in Guantánamo will have come across the story of Mansoor Adayfi, a Yemeni and a former prisoner, who was resettled in Serbia in July 2016, and has become a talented writer in English. He has had articles published in the New York Times, and he wrote an essay about the prisoners’ relationship with the sea that was featured in the catalog for “Ode to the Sea: Art from Guantánamo Bay,” an exhibition of prisoners’ artwork at the John Jay College of Justice in New York that ran from last October until January this year.

Remarkably, Mansoor Adayfi didn’t even speak English when he arrived at Guantánamo, but he learned it when, after years of anger at the injustice of his imprisonment at the injustice of his imprisonment, which brought him into regular conflict with the authorities, one of his lawyers, Andy Hart, encouraged him to have a more positive outlook. Mansoor’s transformation has been inspiring, but it was only recently that I became aware that another mentor for him was Saifullah Paracha, a Pakistani businessman, and Guantánamo’s oldest prisoner, who had provided support not only to Mansoor and to numerous other prisoners, but even to prison staff and guards.

In a Facebook post, Mansoor wrote that Saifullah “was a father, brother, friend, and teacher to us all,” and offered to trade places with him. I thought this was such a poignant offer that I wrote to him to ask if he would be interested in writing more about Saifullah for “Close Guantánamo” — and was delighted when he said yes. With bitter irony, while Mansoor has been released from Guantánamo, Saifullah Paracha, who has been such a positive presence for so many prisoners at Guantánamo, is still held, because of the U.S.’s obsession with his alleged involvement with al-Qaeda, which he continues to deny. Just last week, he had a Periodic Review Board hearing, a parole-type process established under Barack Obama, at which his attorney, Shelby Sullivan-Bennis of Reprieve, spoke eloquently about how he doesn’t pose a threat to the U.S., but it remains to be seen if the authorities are capable of understanding. Read the rest of this entry »

Fears for Guantánamo Prisoner Resettled in Serbia, Where the Government Wants to Get Rid of Him

Former Guantanamo prisoner Mansoor Adayfi in a screenshot from a video made by Canada's CBC Radio last month. 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.

Here at “Close Guantánamo,” we have long taken an interest not just in getting the prison closed, and telling the stories of the men still held, to dispel the enduring myth that they are “the worst of the worst,”, but also in following up on prisoners after their release, and to that end we are delighted that Jessica Schulberg of the Huffington Post has recently highlighted the story of Mansoor Adayfi.

A Yemeni, Adayfi (identified in Guantánamo as Abdul Rahman Ahmed or Mansoor al-Zahari) was resettled in Serbia in July 2016, nine months after he was approved for release by a Periodic Review Board, a parole-type process introduced by Barack Obama in his last three years in office, which led to 36 prisoners being approved for release, men who had previously been categorized — often with extraordinarily undue caution — as being too dangerous to release.

Adayfi’s story is fascinating. An insignificant prisoner on capture — with the US authorities eventually conceding that he “probably was a low-level fighter who was aligned with al-Qa’ida, although it is unclear whether he actually joined that group” — he only ended up being regarded as threat to the US because of his behavior in Guantánamo. Read the rest of this entry »

A Beautiful Article About Love by Former Guantánamo Prisoner Mansoor Adayfi: Please Read It and Then Donate to Support Him

Former Guantanamo prisoner Mansoor Adayfi photographed in Serbia.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.




 

While I was away on my recent family trip to the West Country (WOMAD in Wiltshire, Cornwall, Chesil Beach in Dorset and Bristol), I missed a powerful article that was published in the New York Times, written by former Guantánamo prisoner Mansoor Adayfi.

A Yemeni (known by the Guantánamo authorities as Mansoor al-Dayfi or Mansoor al-Zahari), Adayfi was freed from the prison in July 2016, having had his release recommended by a Periodic Review Board, the parole-like process initiated by President Obama in his last three years in office. Because of fears about the security situation in Yemen across the US political spectrum, no prisoners approved for release were sent back to Yemen, and third countries had to be found that would take them in. Adayfi was taken in by Serbia, and as I reported last March, after a reporter from NPR visited, he was struggling to adjust to post-Guantánamo life with no other ex-prisoners for company, with no Muslim community, and with, it seemed, hostility from the authorities.

In captivity, he had become fluent in English, and had become a huge admirer of US culture, and, as I explained last March, “Had Barack Obama not backed down on plans to bring some former Guantánamo prisoners to live in the US in 2009 (one of the most important mistakes he made regarding Guantánamo), al-Dayfi would have been a perfect candidate for resettlement in the US.” Read the rest of this entry »

Really? Trump Lawyer Argues in Court that Guantánamo Prisoners Can Be Held for 100 Years Without Charge or Trial

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (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.




 

Last Wednesday, as I flagged up in a well-received article the day before, lawyers for eleven of the 40 prisoners still held at Guantánamo finally got the opportunity to follow up on a collective habeas corpus filing that they submitted to the District Court in Washington D.C. on January 11, the 16th anniversary of the opening of the prison. The filing, submitted by lawyers from organizations including the Center for Constitutional Rights (CCR) and Reprieve on behalf of 11 of the remaining 40 prisoners, argued, as CCR described it after the hearing, that “their perpetual detention, based on Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances, is arbitrary and unlawful.”

CCR added that the motions of eight of the 11 men were referred to Senior Judge Thomas F. Hogan, who heard the argument today”, and stated that the lawyers had “asked the judge to order their release.”

CCR Legal Director Baher Azmy, who argued the case in court, said after the hearing, “Our dangerous experiment in indefinite detention, after 16 years, has run its course. Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantánamo. That position is based not on a meaningful assessment of any actual threat, but on Trump’s animosity towards Muslims, including these foreign-born prisoners at Guantanamo — the height of arbitrariness. Short of judicial intervention, Trump will succeed.” Read the rest of this entry »

Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

Judge Brett Kavanaugh, Donald Trump and a close-up of Guantanamo prisoners photographed on the day the prison opened, January 11, 2002. The photo on the left is an edit of a photo by Mandel Ngan/AFP/Getty Images.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.

Disgraceful though Donald Trump’s presidency is, it will at least be over at some point in the imaginable future, with the potential that his most outrageous policy changes, enacted in legislation by a Republican majority in Congress, can be reversed should Congress end up with a Democratic majority instead.

When it comes to interpreting the law, however, his impact will last for decades, through his nominations to the nation’s District Courts, appeals courts (the Circuit Courts), and, most crucially, the Supreme Court.

Shamefully, although Barack Obama successfully nominated two of the Supreme Court’s nine justices during his eight years in office (Sonia Sotomayor and Elena Kagan), Congress — where Republicans had a majority, as they did throughout most of Obama’s presidency — refused to consider his third nomination, Merrick Garland, nominated in March 2016. Garland’s appointment would have given Democratic appointees a majority on the Supreme Court for the first time since 1970, but Garland’s nomination expired in January 2017, when Obama left office, and when Donald Trump took over he wasted no time in nominating Neil Gorsuch instead, a dangerous right-winger whose nomination was subsequently approved by the Republican-controlled Congress. Read the rest of this entry »

Tomorrow, Lawyers Will Argue in Court That Donald Trump’s Guantánamo Policy Is “Arbitrary, Unlawful, and Motivated by Executive Hubris and Anti-Muslim Animus”

Senior Judge Thomas F. Hogan of the District Court in Washington, D.C. and a photo of prisoners at Guantanamo on the day of the prison's opening, January 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.




 

It’s a big day for Guantánamo tomorrow, as lawyers for eleven prisoners still held at the prison will be arguing before Senior Judge Thomas F. Hogan in the District Court in Washington, D.C. that, as the New York-based Center for Constitutonal Rights describe it, “[Donald] Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances is arbitrary, unlawful, and motivated by executive hubris and anti-Muslim animus.”

The lawyers submitted a habeas corpus petition for the men on January 11 this year, the 16th anniversary of the opening of the prison, as I explained in an article at the time, entitled, 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.

As I also explained in that article, “The eleven men 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 »

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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 (The State of London).
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