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.

 

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.

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.”

On January 18, as I explained in a follow-up article, Judge Colleen Kollar-Kotelly (who ruled on several Guantánamo habeas corpus cases before the appeals court gutted habeas corpus of all meaning for the prisoners) responded, “requiring the government to explain its Guantánamo policy with respect to the men now petitioning the court,” as Scott Roehm, the Washington Director of the Center for Victims of Torture, explained in an article for Just Security, adding, “Specifically, the judge ordered the government to provide the following information by Feb. 16.”

In response, as I explained in another article, the government claimed that, because “the laws of war permit the detention of enemy combatants for the duration of a conflict,” the petititoners “are not entitled to release simply because the conflict for which they were detained — the non-international armed conflict between the United States and its coalition partners against al Qaeda, the Taliban, and associated forces — has been lengthy.”

Lawyers for the prisoners then responded by stating, “The government’s opposition proceeds as if the continuing detention of Petitioners for up to 16 years without charge or trial and without prospect of release by the Trump administration is utterly normal. It is not normal — as a matter of fact and law,” and further explaining that “the government cannot dispute the Trump administration’s stated determination to foreclose any transfers, regardless of individual facts and circumstances — including of those Petitioners cleared for transfer,” and that “there is no legal support for perpetual detention of this sort,” and that “[p]erpetual non-criminal detention violates due process.”

Revisiting these arguments, CCR stated, in a press release a few days ago, “The government maintains that the continuing detention of our clients without charge or trial, and without a prospect of release, is normal. But it is not normal, as a matter of fact and law. We argue that the petitioners’ perpetual detentions violate the Due Process clause of the Constitution and the Authorization for Use of Military Force (AUMF). These ‘forever prisoners’ may never leave Guantánamo alive, unless the court intervenes.”

Reporting on the case, the Guardian explained that, unfortunately, the prisoners “will not be allowed to listen to oral arguments at their own hearing, as the Guantánamo administration said there [was] no single room at the camp where they could all be put in restraints while listening to a live feed,” adding that the court “accepted the absence of a room big enough for all the petitioners to be shackled to the floor as a valid reason for them not to hear a direct broadcast of their hearing, and that a recording or transcript at a later date was an adequate substitute.”

The Guardian then discussed the case of Tawfiq al-Bihani, who is represented by Reprieve, one of the organizations involved in the habeas petition, describing how he is “a Saudi-born Yemeni who was arrested in Iran in 2002, where he had fled bombing in Afghanistan,” and who “was flown back to Afghanistan and ultimately transferred to the US authorities.”

The Guardian added that, “According to his lawyers, he was handed over for a price, at a time when bounties were paid for bearded Arabs caught in the region around Afghanistan,” and, “According to the Senate Intelligence committee[‘s torture report, whose executive summary was made public in December 2014], he was taken to a CIA ‘black site’ secret interrogation centre, where he was one of 33 inmates subjected to ‘enhanced interrogation techniques,’ before being flown to Guantánamo.”

The Guardian also noted that al-Bihani “was cleared of any involvement in terrorism by US intelligence agencies in January 2010 and given his release papers on three occasions,” and, in 2016, “was even measured for new clothes he was going to wear on being freed, but his release was cancelled at the last minute.”

The Guardian also explained how the Trump administration “has continued to hold him citing ‘a variety of substantive concerns relevant to [his] circumstances, including factors not related to [Bihani] himself,’” prompting al-Bihani himself to ask, “What good is having a court case when there is no hope of justice?” according to his lawyers. He added, “I am still sitting here. Hearing about my court case just gets my hopes up, and my emotions go up and down like a see-saw. I’m happier without the meetings.”

Speaking of the prisoners’ exclusion from their own hearing, Shelby Sullivan-Bennis of Reprieve told the Guardian, “This latest affront to fairness and justice should shock every American, but sadly it doesn’t surprise us. None of the men Reprieve represents has ever been charged with a crime, and two have been cleared for transfer, but they remain stuck in Guantánamo, apparently indefinitely. That the US government now claims they can’t safely be chained to the floor, to hear their own lawyers argue that they should be tried or released, is the latest sick twist in a shameful saga with no end in sight.”

As the Guardian also explained, al-Bihani “has passed his 15 years on Guantánamo writing poetry and has more recently began painting in acrylics,” as his lawyers explained, adding that he also “watches wildlife documentaries, plays football and is following the World Cup.” The lawyers also explained that he is from “a family of 12 siblings,” and that his mother died during his long imprisonment.

“I am able to see the ocean here,” al-Bihani said to his lawyers, adding, “When I feel upset, seeing the ocean helps me go into a trance and deal with my emotions. I have not lost hope, but I got used to the rhythm here. It is the first place I have lived for this long. Before, at home, I was always moving.”

The Guardian also explained how Reprieve has pointed out how ruinously expensive it is to keep prisoners at Guantánamo, stating that “every day al-Bihani spends in Guantánamo costs the US $29,000. Altogether, it has cost more than $170m to keep him in the camp without charge.” On the mainland, in contrast, it costs only a little more than $29,000 to hold a prisoner for an entire year.

In its publicity before tomorrow’s hearing, CCR focused on their client Sharqawi Al Hajj, described as “a 43-year-old Yemeni who has been detained without charge for over 16 years, who is sick and on hunger strike, and for whom the prospect of years more in Guantánamo may mean a death sentence.”

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 see the latest photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (click on the following for Amazon in 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), and for his photo project ‘The State of London’ he publishes a photo a day from six years of bike rides around the 120 postcodes of the capital.

In 2017, Andy became very involved in housing issues. He is the narrator of a new documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June that killed over 70 people, and he also set up ‘No Social Cleansing in Lewisham’ as a focal point for resistance to estate destruction and the loss of community space in his home borough in south east London.

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, The Complete Guantánamo Files, 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.

No Escape from Guantánamo: An Update on the Periodic Review Boards

Four Guantanamo prisoners whose cases are still nominally being reviewed by Periodic Review Boards. Clockwise from top left: Omar al-Rammah, awaiting a decision in his review after 16 months, and Khalid Qasim, Abdul Rahim Ghulam Rabbani and Uthman Mohammed Uthman, who all had their ongoing imprisonment upheld after reviews this year.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.

Regular Guantánamo-watchers will know how wretched it is that Donald Trump is in charge of the prison at Guantánamo Bay, because he appears to have no ability or willingness to understand that it is a legal, moral and ethical abomination, where most of the 40 men still held are imprisoned indefinitely without charge or trial, in defiance of all agreed laws and treaties, and a handful of others are facing trials in a broken trial system, the military commissions, that is not fit for purpose.

Under George W. Bush, a total of 532 prisoners were released from Guantánamo, and Barack Obama released another 196. Trump, to date, has released just one man, a Saudi repatriated for ongoing imprisonment, who was only released because of a plea deal he had agreed to in his military commission proceedings in 2014, and has shown no interest in releasing anyone else, even though five of the 40 men still held were approved for release by high-level review processes under President Obama. With only nine men facing trials, that also leaves 26 other men in that unjustifiable limbo of indefinite imprisonment without charge or trial.

The only mechanism that exists that theoretically could lead to the release of any of these men is the Periodic Review Board system, the second review process set up by President Obama. The first, the Guantánamo Review Task Force, assessed in 2009 whether prisoners should be freed or tried or whether they should continue to be held without charge or trial. 156 were recommended for release, and 36 for prosecution, and 48 for ongoing imprisonment without charge or trial, on the basis that they were regarded as too dangerous to release, but insufficient evidence existed to put them on trial. Read the rest of this entry »

Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

In Guantánamo Habeas Corpus Case, Lawyers Insist That Trump’s Stated Intention of Not Releasing Any Prisoners Renders Their Imprisonment “Perpetual” — and Illegal

Judge Colleen Kollar-Kotelly and a photo of the prison at Guantanamo Bay on the day of its opening, Jan. 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.

 

On January 11, the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 prisoners still held submitted a habeas corpus petition to the District Court in Washington, D.C., arguing, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] 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’s press release also stated that the lawyers’ 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.” The lawyers added 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.”

In an article marking the submission of the habeas petition, I explained that the eleven men whose lawyers submitted the petition 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.
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