Last week, the Obama administration’s efforts to reduce the number of men held at Guantánamo, via Periodic Review Boards, continued with two more reviews. The PRBs were established in 2013 to review the cases of 41 men regarded as “too dangerous to release,” and 23 others recommended for prosecution, and were moving with glacial slowness until this year, when, realizing that time was running out, President Obama and his officials took steps to speed up the process.
35 cases have, to date, been decided by the PRBs, and in 24 of those cases, the board members have recommended the men for release, while upholding the detention of 11 others. This is a success rate for the prisoners of 69%, rather undermining the claims, made in 2010 by President Obama’s high-level, inter-agency Guantánamo Review Task Force, that the men described as “too dangerous to release” deserved that designation, even though the task force had conceded that insufficient evidence existed to put the men on trial.
In fact that description — “too dangerous to release” — has severely unravelled under the scrutiny of the PRBs, as 22 of those recommended for release had been placed in that category by the task force. The task force was rather more successful with its decisions regarding the alleged threat posed by those it thought should be prosecuted, as five of the eleven recommended of ongoing imprisonment had initially been recommended for prosecution by the task force. Read the rest of this entry »
It’s been a busy week at Guantánamo, with two Periodic Review Boards taking place, two prisoners being approved for release after reviews in April, and two others having their ongoing imprisonment without charge or trial upheld.
The Periodic Review Boards — which involve 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 — were established in 2013 to review the cases of all the men still held who are not facing trials (and just ten men are in this category), or who had not already been approved for release by the high-level, inter-agency Guantánamo Review Task Force, which, in 2009, reviewed the cases of all the men held when President Obama took office.
71 men were originally eligible for PRBs, a number reduced to 64 when five men were freed, and two were charged in the military commissions. 41 of the men were described as “too dangerous to release” by the task force, which acknowledged, however, that insufficient evidence existed to put them on trial — meaning, of course, that it was not evidence at all, but, in large part, consisted of unreliable statements made by the prisoners themselves, or their fellow prisoners, when the use of torture and other forms of abuse were widespread. 23 others had been recommended for prosecution by the task force, until the basis for prosecution largely collapsed after a number of highly critical appeals court rulings, in which judges dismissed some of the few convictions secured in the troubled military commission system, on the basis that the war crimes in question had been invented by Congress. Read the rest of this entry »
Last Tuesday, Mohammad Rajah Sadiq Abu Ghanim (aka Mohammed Ghanim), a Yemeni born in 1975, became the 38th prisoner to face a Periodic Review Board at Guantánamo. These involve 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, and were set up in 2013 to review the cases of all the prisoners who had not already been approved for release by the high-level inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, or were not facing trials. Just ten men are in this latter category.
Those eligible for the PRBs were 41 men described as “too dangerous to release” by the task force, which also, however, acknowledged that insufficient evidence existed to put them on trial; in other words, that is was not evidence, but unsubstantiated claims made by prisoners subjected to torture, abuse or bribery (with better living conditions), or that they were regarded as having dangerously anti-American attitudes (despite the fact that their appalling treatment may have inspired such sentiments).
23 others had been recommended for trial by the task force, until the basis for prosecutions largely collapsed when appeal court judges overturned some of the handful of convictions secured in the military commission trial system, pointing out that the war crimes for which the men had been convicted had actually been invented by Congress. Read the rest of this entry »
Last week, a 48-year old Yemeni citizen held at Guantánamo, Abd al-Salam al-Hela (aka Abd al-Salam al-Hilah or Abdul al-Salam al-Hilal), became the 37th prisoner to have his case considered by a Periodic Review Board. This high-level, US review process, which involves 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, began in November 2013.
In the two and half years since, the PRBs have been reviewing the cases of two groups of men: 41 men originally described by a previous review process, the Guantánamo Review Task Force (which President Obama set up when he first took office in 2009), as “too dangerous to release,” and 23 others initially put forward for trials until the basis for prosecutions largely collapsed, in 2012 and 2013, after appeals court judges ruled that the war crimes being prosecuted had been invented by Congress.
For the 41 men described as “too dangerous to release,” the task force also acknowledged that insufficient evidence existed to put them on trial, which set alarm bells ringing for anyone paying close attention, because, if insufficient evidence exists to put someone on trial, then it is not evidence at all. At Guantánamo — and elsewhere in the “war on terror” — the reasons for this emerged under minimal scrutiny from anyone paying attention. Instead of being evidence, information was extracted from prisoners through the use of torture or other forms of abuse, or through being bribed with the promise of better living conditions, which, as a result, is demonstrably unreliable. Read the rest of this entry »
In President Obama’s last year in office, efforts are clearly being made to fulfill the promise he made to close the prison at Guantánamo Bay on his second day in office, back in January 2009. 27 men have been freed this year, leaving just 80 still held, the lowest number since the early months of the prison’s existence back in 2002.
27 of those 80 men have been approved for release — 15 since 2010, when the high-level, inter-agency Guantánamo Review Task Force appointed by President Obama to review the cases of all the prisoners he inherited from George W. Bush delivered its final report, and 12 since January 2014, when another review process, the Periodic Review Boards, began delivering decisions about the majority of the men not already approved for release. Just ten of the 80 men still held are facing — or have faced — trials, and the rest are eligible for PRBs.
21 men have so far been approved for release by the PRBs, and nine of those men have been freed. Just seven men have had their ongoing imprisonment recommended — a success rate for the prisoners of 75%, which thoroughly undermines the task force’s claims, made back in 2010, that they were “too dangerous to release.” The task force also claimed that insufficient evidence existed to put them on trial, but the truth is that the “too dangerous to release” tag was overstated, relying on unreliable information extracted from the prisoners themselves, and produced as a result of torture, other forms of abuse, or bribery (with better living conditions), or on an unnecessarily cautious notion of the threat they posed, based on their attitudes while imprisoned at Guantánamo in defiance of all civilized norms. Read the rest of this entry »
Last week, two more Periodic Review Boards took place for men held in the US prison at Guantánamo Bay, Cuba. The PRBs, which began in November 2013, are reviewing the cases of all the men still held who are not facing trials or were not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.
The PRBs that took place last week were for the 32nd and 33rd prisoners to have their cases considered. Of the previous 31, 20 have so far been approved for release, eight have had their ongoing imprisonment recommended, and three are awaiting results. Of the decisions taken, the prisoners’ success rate is 71%, a figure that is a stern rebuke to the task force, which either described them as “too dangerous to release,” while conceding that there was insufficient evidence to put them on trial, meaning that there are serious problems with the so-called “evidence,” or recommended them for prosecution in a system — the military commissions — that is so discredited that, after the task force made its recommendations, appeals court judges began overturning some of the few convictions achieved in the commissions, on the basis that the war crimes for which the prisoners had been convicted were not legitimate war crimes at all but had been invented by Congress.
Most of the PRBs to date have been for the “forever prisoners,” those mistakenly described as “too dangerous to release,” and last week’s PRBs were for two more from this group. Read the rest of this entry »
Last week, as I reported here, a Periodic Review Board was convened to look at the case of Obaidullah, an Afghan prisoner at Guantánamo, to see if he can be approved for release. The PRBs are a high-level, US government process, assessing the cases of prisoners who are not facing trials, and have not already been approved for release by the last review process, the Guantánamo Review Task Force, which President Obama established shortly after taking office in January 2009.
31 men have so far had their cases considered, and in 20 cases have been approved for release, while eight men have had their ongoing imprisonment approved (although they are eligible for further reviews), and three are awaiting the results of their reviews.
The 31st prisoner to have his case considered, two days after Obaidullah, was Hani Saleh Rashid Abdullah (ISN 841), a 46-year old Yemeni, also identified as Said Salih Said Nashir. He is one of a group of six men seized in house raids in Karachi, Pakistan on September 11, 2002, on the same day that alleged 9/11 co-conspirator Ramzi bin al-Shibh was seized, who were then sent to CIA-run torture prisons for six weeks. They were initially regarded as recruits for a specific terrorist attack, although the government has long since walked away from this claim, as became apparent when the first of the six, Ayub Murshid Ali Salih (ISN 836), had his PRB in February, and was approved for release last month. Read the rest of this entry »
Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.
Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.
The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” Read the rest of this entry »
Last week, I published an article about the latest releases from Guantánamo — two Libyans, one of whom was Omar Mohammed Khalifh, a Libyan amputee seized in Pakistan in a house raid in 2002.
Khalifh had been approved for release last September by a Periodic Review Board — a process set up two and a half years ago to review the cases of all the men still held at Guantánamo who were not either facing trials (just ten men) or had not already been approved for release in 2010 by another review process, the Guantánamo Review Task Force.
Until the PRB’s decision was announced, I thought Khalifh had been seized in a house raid in Karachi, Pakistan in February 2002, but the documentation for the PRB revealed that he had been seized in a house raid in Faisalabad on March 28, 2002, the day that Abu Zubaydah, a training camp facilitator mistakenly regarded as a senior member of Al-Qaeda, was seized in another house raid. I had thought that 15 men had been seized in the raid that, it now transpires, also included Khalifh, but I had always maintained that they had been seized by mistake, as a judge had also suggested in 2009, and in fact 13 of them have now been released (and one other died in 2006), leaving, I believe, just two of the 16 still held. Read the rest of this entry »
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.
In its latest “Unclassified Summary of Final Determination,” a Periodic Review Board at Guantánamo — a high-level review process 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 — decided, by consensus, that “continued law of war detention” of Suhayl Abdul Anam al-Sharabi (aka Zohair al-Shorabi, ISN 569), a 38- or 39-year old Yemeni, “remains necessary to protect against a continuing significant threat to the security of the United States.”
The decision, dated March 31, 2016, and following on from his PRB on March 1, is not entirely surprising for two reasons — firstly, because of allegations levelled against al-Sharabi, suggesting that he was actually involved with terrorists, unlike the majority of prisoners held at Guantánamo since the prison opened in January 2002, and, coupled with this, a failure on his part to show contrition, and to come up with a plan for his future.
In its determination, the board stated that its members had “considered the detainee’s past involvement with terrorist activities to include contacts with high-level al Qaeda figures, living with two of the 9/11 hijackers in Malaysia, and possible participation in KSM’s plot to conduct 9/11-style attacks in Southeast Asia. The Board noted the detainee’s refusal to admit the extent of his past activities, as well as his evasive and implausible responses to basic questions. Further, the Board considered the detainee’s defiant behavior while in detention, which has only recently changed to be more compliant, and the detainee’s lack of a credible plan for the future.” Read the rest of this entry »
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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