Review Board Approves “Forever Prisoner” Ghaleb Al-Bihani for Release from Guantánamo, But Also Approves Ongoing Detention of Salem Bin Kanad

Six weeks ago, I reported on the Periodic Review Boards for two “forever prisoners” at Guantánamo — Ghaleb al-Bihani and Salem bin Kanad — who are both Yemenis, and were regarded by the Guantánamo Review Task Force, appointed by President Obama to review all the remaining prisoners’ cases in 2009, as too dangerous to release, even though it was acknowledged that insufficient evidence existed to put them on trial.

The PRBs — involving representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, who meet at an office in Virginia and hear testimony by, or on behalf of the prisoners by video link from Guantánamo — took place to establish whether these two men should still be regarded as a threat, or whether they should be recommended for release.

This category of prisoner — as opposed to those approved for release, or those recommended for prosecution — is particularly problematical, as it relies on a presumption that the so-called evidence against the Guantánamo prisoners is somehow reliable, when that is patently not the case. The files on the prisoners are for the most part a dispiriting collection of unreliable statements made by the prisoners themselves or by their fellow prisoners in circumstances that were not conducive to telling the truth — immediately after capture, in America’s notorious prisons in Afghanistan, or in Guantánamo, all places and circumstances where torture and abuse were rife; or, in some cases, where bribery (the promise of better living conditions, for example) was used to try to secure information that could be used as evidence. Read the rest of this entry »

Two More Guantánamo Hunger Strikers Ask Judges to Order Government to Preserve Video Evidence of Force-Feeding

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 Friday, as I reported here, there was wonderful news from the District Court in Washington D.C., as Judge Gladys Kessler responded to an emergency motion submitted by a Syrian prisoner in Guantánamo, Abu Wa’el Dhiab, who is on a hunger strike and is being force-fed, and ordered the government to stop force-feeding him, and to preserve all videotapes showing his force-feeding.

The existence of the videos only came to light last week, in correspondence between the Justice Department and Jon B. Eisenberg, one of Abu Wa’el Dhiab’s lawyers. In court documents, the lawyers described how the admission that videotapes exist came about “only under persistent questioning by Petitioners’ counsel during a protracted email exchange.”

As well as recording the prisoners’ force-feeding, the videos also record the “forcible cell extractions” (FCEs) undertaken by a team of guards in riot gear who violently move prisoners who refuse to leave their cells. Judge Kessler also ordered the government to preserve all videos of the “forcible cell extractions,”and also ordered the government to stop the FCEs. Read the rest of this entry »

Long-Term Guantánamo Hunger Striker Emad Hassan Describes the Torture of Force-Feeding

Yesterday, two disturbing letters from Guantánamo were released by Reprieve US, the US branch of the London-based legal action charity whose lawyers represent 15 of the 154 men still held at the prison, and I’m posting them below, because they shed light on what Reprieve described in a press release as the “escalating, brutal punishment of hunger strikers,” who continue to be force-fed, even though the World Medical Association denounced force-feeding in the Declaration of Malta, in 2006, calling it “unjustifiable,” “never ethically acceptable,” and “a form of inhuman and degrading treatment,” if inflicted on a patient — or a prisoner — who is capable of making a rational decision about his refusal to eat.

The letters were written by Emad Hassan, a Yemeni prisoner who has been on a hunger strike — and force-fed — since 2007, even though he was cleared for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010. 77 of the men still held have been cleared for release — 75 by the task force, and two in recent months by a Periodic Review Board — and 57 of these men are Yemenis, but they are still held because of US fears about the security situation in Yemen — fears which may be legitimate, but which are an unacceptable basis for continuing to hold men that high-level review boards said should no longer be held.

In February, I made available a harrowing letter written by Emad, and in March he launched a historic legal challenge, becoming “the first Guantánamo Bay prisoner to have his claims of abuse at the military base considered by a US court of law,” as Reprieve described it. Read the rest of this entry »

Gitmo Clock Marks 350 Days Since President Obama’s Promise to Resume Releasing Prisoners from Guantánamo; 77 Cleared Men Still Held

Please visit, like, share and tweet the Gitmo Clock, which marks how many days it is since President Obama’s promise to resume releasing prisoners from Guantánamo (350), and how many men have been freed (just 12).

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.

Yesterday (May 8) marked 350 days since President Obama’s promise, in a major speech on national security issues on May 23 last year, to resume releasing prisoners from Guantánamo. Since that time, however, just 12 men have been released, even though 75 of the 154 prisoners still held were cleared for release in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009.

In addition, two more men have been cleared for release this year by a Periodic Review Board, consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the Offices of the Director of National Intelligence and the Joint Chiefs of Staff, who are reviewing the cases of 71 men recommended for ongoing imprisonment or for prosecution by the task force. Read the rest of this entry »

Saudi Prisoner Refuses to Attend His Periodic Review at Guantánamo, Complains About Intrusive Body Searches

On Monday, a Saudi prisoner at Guantánamo, Muhammad Abd al-Rahman al-Shumrani, refused to attend his Periodic Review Board, convened to assess whether he should continue to be held without charge or trial, or whether he should be recommended for release. He refused to attend for a reason that his personal representatives — two US military officers appointed to represent him — described as “very personal and tied to his strong cultural beliefs.” The representatives explained that he “has consistently stated his objection to the body search required to be conducted prior to his attendance at legal meetings or other appointments,” adding that he regards “the body search as conducted, which requires the guard to touch the area near his genitals,” as “humiliating and degrading.” The representatives stressed, however, that his refusal to attend, because of his problems with the body search, does “not imply an unwillingness to cooperate.”

The PRBs were set up last year to review the cases of 71 of the remaining 154 prisoners. 46 of these men were recommended for ongoing imprisonment without charge or trial by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed to review all the prisoner’s cases shortly after he took office in 2009.

The task force issued its report recommending prisoners for release, prosecution or ongoing imprisonment in January 2010, and in March 2011 President Obama issued an executive order authorizing the ongoing imprisonment of the 46 men, on the basis that they were too dangerous to release, even though insufficient evidence existed to put them on trial. Read the rest of this entry »

Guantánamo Review Boards (3/3): Salem Bin Kanad, from Riyadh, Refuses to Take Part in a System That Appears Increasingly Flawed

This article, looking at the recent Periodic Review Board for Salem bin Kanad, a prisoner held at Guantánamo since January 20, 2002, is the last of three providing updates about developments in the Periodic Review Boards, a system put in place last year to review the cases of 71 prisoners (out of the 154 men still held), who were designated for indefinite detention without charge or trial, or designated for trials that will not now take place. The original recommendations were included in a report that was issued in January 2010 by a high-level, inter-agency Guantánamo Review Task Force that President Obama had appointed to review the cases of all the prisoners still held when he took office in January 2009.

The task force recommended 48 men for indefinite detention without charge or trial, on the extremely dubious basis that they were too dangerous to release, even though it was conceded that insufficient evidence existed to put them on trial — which means, of course, that the so-called “evidence” is no such thing. In March 2011, President Obama responded to the task force’s recommendations by issuing an executive order authorizing their ongoing imprisonment without charge or trial, although he did promise that the men would receive periodic reviews to establish whether they should still be regarded as a threat.

Disgracefully, the Periodic Review Boards did not begin until last November, after two of the 48 “forever prisoners” had died, and 25 other men had been added to the list of prisoners eligible to take part in them — men who, although recommended for trials, will not now be prosecuted, after appeals court judges overturned two of the only convictions in the military commissions at Guantánamo, on the basis that the war crimes of which the men had been convicted were not internationally recognized, and had been invented by Congress. The 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, who meet at an office in Virginia and hear testimony by video link from Guantánamo. Read the rest of this entry »

Guantánamo Review Boards (2/3): Ghaleb Al-Bihani, a Cook, Asks to Be Sent Home to Yemen or to Another Country

Last week, I published the first of three new articles about the Periodic Review Boards at Guantánamo, looking at the hearing for a Yemeni prisoner, Ali Ahmad al-Razihi, who had the opportunity to ask for his freedom on March 20.

Ali is one of 71 prisoners — out of the 154 men still held — who were either designated for ongoing imprisonment without charge or trial in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009 (46 men in total), or were recommended for prosecution (25 others).

The 46 had their ongoing imprisonment without charge or trial approved by President Obama in an executive order issued in March 2011, on the alarming basis that they were allegedly too dangerous to release, even though insufficient evidence existed to put them on trial. The president tried to sweeten this unacceptable endorsement of indefinite detention by promising that the men would receive periodic reviews of their cases, but the first of these did not take place until last October. Read the rest of this entry »

The Impossibility of Being Released from Guantánamo

Ali Ahmad al-Razihi, a Yemeni prisoner in Guantanamo, in a photo included in the classified military files from Guantanamo that were 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.

For Ali Ahmad al-Razihi, a Yemeni prisoner at Guantánamo, a wish he has cherished for the last 12 years was granted on Wednesday, when a Periodic Review Board, made up 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, recommended his release from the prison. The unclassified summary of the board’s final determination states, “The Periodic Review Board, by consensus, determined 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.”

However, in a vivid demonstration that the prison at Guantánamo Bay remains a profoundly unjust place, over 12 years since it first opened, it is not known when — if ever — he will actually be released.

Of the remaining 154 prisoners, almost half — 71 men in total — are undergoing Periodic Review Boards to assess whether they should continue to be held without charge or trial or whether they should be released. 46 of these men were recommended for ongoing imprisonment without charge or trial by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010, on the basis that they are too dangerous to release, but that insufficient evidence existed to put them on trial, and President Obama endorsed these recommendations in March 2011, when he issued an executive order authorizing their ongoing imprisonment without charge or trial. Read the rest of this entry »

Guantánamo Review Boards (1/3): Ali Ahmad Al-Razihi, a Yemeni, Asks to Be Sent Home

In the last five months, five prisoners at Guantánamo — out of 46 men in total who were designated for indefinite detention without charge or trial in 2011 by President Obama — have had their cases heard by Periodic Review Boards, to assess if their ongoing detention is regarded as necessary, or if they can be recommended for release. This article, the first of three, provides information about the third, fourth and fifth of these PRBs, conducted between March 20 and April 21.

The 46 men were recommended for ongoing imprisonment without charge or trial in January 2010 by an inter-agency task force that President Obama established shortly after taking office in January 2009. The task force reviewed the cases of the 240 men still held when Obama became president, and recommended 156 for release, 36 for prosecution and 48 for ongoing detention without charge or trial, on the basis that they were too dangerous to release, but that insufficient evidence existed to put them on trial.

These recommendations, unfortunately, not only represented an alarmingly fundamental betrayal of the principles of justice, but also required the task force to take a credulous approach to the array of false and dubious statements that make up what purports to be the evidence against the majority of the prisoners at Guantánamo — statements that, under close scrutiny, ought to be revealed as being largely worthless, produced through the torture and abuse of the prisoners, or of their bribery with better living conditions, as detailed in my research into the classified military files released by WikiLeaks in April 2011. Read the rest of this entry »

Please Read “Guantánamo Forever,” My Latest Article for Al-Jazeera English

Dear friends and supporters,

I hope you have time to read my latest article for Al-Jazeera, “Guantánamo Forever,” and to like, share and tweet it if you find it useful. It covers the Periodic Review Boards (PRBs) at Guantánamo, convened to assess whether 46 prisoners designated for indefinite detention without charge or trial by the inter-agency task force that President Obama established after taking office in 2009, or 25 others designated for prosecution by the task force, should continue to be held without charge or trial, or whether they should be recommended for release  — even if, ironically, that only means that they get to join the list of 76 other cleared prisoners who are still held. The review boards began in November, and have, to date, reviewed just three of the 71 cases they were set up to review. The fourth, reviewing the case of Ghaleb al-Bihani, a Yemeni, takes place on April 8.

The number of prisoners cleared for release (76) includes the first prisoner to have his case reviewed by a Periodic Review Board, which recommended his release in January, although my Al-Jazeera article is my response to the most recent activity by the review boards — the decision taken on March 5 to continue holding, without charge or trial, a Yemeni prisoner, Abdel Malik al-Rahabi, who has been at Guantánamo for over 12 years, and the review of Ali Ahmad al-Razihi, the third prisoner to have his ongoing detention reviewed, which took place at the end of March.

In the article I explain that the decision to continue holding Abdel Malik al-Rahabi, taken by 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, is a disgrace. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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