Archive for July, 2021
URGENT ACTION REQUIRED for Six Former Guantánamo Prisoners Repatriated to Yemen from the UAE
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In a shocking development, the government of the UAE (United Arab Emirates) has repatriated six former Guantánamo prisoners — out of 18 Yemenis in total who were sent to the UAE between November 2015 and January 2017 — even though the security situation in Yemen is horrendous, because of the ongoing civil war, and their safety cannot be guaranteed.
The six men, whose stories I reported here and here, when they were transferred in November 2015 and August 2016, are Khalid al-Qadasi (ISN 163), Sulaiman al-Nahdi (ISN 511), Saeed Jarabh (ISN 235), Jamil Nassir (ISN 728), Mohammed al-Adahi (ISN 033) and Mohammed Khusruf (ISN 509). Jarabh, the youngest, was born in 1976, and is now 44 or 45 years old, while the eldest are al-Adahi, born in 1962, who is 58 or 59 years old, and Khusruf, reportedly born in February 1950, which would make him 71.
When they were first sent to the UAE, the Yemenis — and four Afghans and a Russian who were also transferred with them — were told that they would be integrated into Emirati society after spending time in a rehabilitation center, but instead they found themselves indefinitely detained in abusive conditions in secret prisons, even though they had all been unanimously approved for release either by the Guantánamo Review Task Force, or by Periodic Review Boards, the two high-level US government review processes for the Guantánamo prisoners that were established under President Obama, which assessed that they did not pose a threat to the US.
Video: I Discuss the Possible Closure of the Prison at Guantánamo Bay on RT America
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On Tuesday evening, I was pleased to be asked by RT America for an interview regarding the prospects of the closure of the prison at Guantánamo Bay after the release of Abdul Latif Nasser, the first release from the prison under Joe Biden, since he was inaugurated as president six months ago, and the first release for over three years.
Speaking to Scottie Nell Hughes, I explained how the closure of Guantánamo ought to now be within sight, with just 39 men still held, and only twelve of those men facing trials, or having gone through the trial process. Of the 27 others, ten — like Nasser — have also been approved for release, while the 17 others have never been charged, and have been aptly described as America’s “forever prisoners,” a label that no country that claims to respect the rule of law should want clinging to them.
Fortunately, as I also explained, 19 and a half years since Guantánamo opened, there is now a widespread acceptance within the US mainstream political culture that it is unacceptable to continue endlessly holding men who have never been charged with a crime, and, by the government’s own admissions over the years, never will be.
Biden Frees First Prisoner from Guantánamo: Abdul Latif Nasser, Approved for Release Five Years Ago
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In great news from Guantánamo, the Department of Defense announced today that Abdul Latif Nasser (aka Nasir), the last Moroccan national in the prison at Guantánamo Bay, has been repatriated. I’ve been writing about Nasser’s case since I first began researching and writing about Guantánamo over 15 years ago, and in recent years his story has frequently featured in the media, not least via a six-part Radiolab series last year.
Nasser, 56, was approved for release five years and eight days ago, after a Periodic Review Board, a review process set up under President Obama, established that, to use the PRB’s own studiously careful terminology, “law of war detention of Abdul Latif Nasir no longer remained necessary to protect against a continuing significant threat to the national security of the United States.” As a result, as the DoD’s news release explained, the board — which “consists of one senior career official from the Departments of Defense, Homeland Security, Justice, and State, along with the Joint Staff and the Office of the Director of National Intelligence” — authorized his “repatriation to his native country of Morocco, subject to security and humane treatment assurances.”
Nasser’s release from Guantánamo should have been straightforward, but the paperwork between the US and the Moroccan government wasn’t completed until 22 days before Obama left office, and, because legislation passed by Congress stipulated that lawmakers had to be informed 30 days before a prisoner release, he missed being freed by just eight days.
How the Law Failed at Guantánamo
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Just five days ago, on July 11, the prison at Guantánamo Bay marked another sad and unjustifiable milestone in its long history — nineteen and a half years since it first opened on January 11, 2002.
From the beginning, Guantánamo was a project of executive overreach — of the US government, under George W. Bush, deciding, after the 9/11 attacks, that the normal rules governing the imprisonment of combatants during wartime should be swept aside. The men who arrived at Guantánamo were deprived of the protections of the Geneva Conventions, and were designated as “unlawful enemy combatants,” who, the Bush administration claimed, could be held indefinitely. For those who were to be charged with crimes, the Bush administration revived the military commission trial system, last used for German saboteurs in the Second World War, deciding that acts of terrorism — and even some actions that were a normal part of war, such as engaging in firefights — were war crimes. The result was that soldiers came to be regarded as terrorists, and alleged terrorists came to be regarded as warriors, with the former denied all notions of justice, and the latter provided only with a legal forum that was intended to lead to their execution after cursory trials.
The mess that ensued has still not been adequately addressed. Nearly two and a half years after Guantánamo opened, the Supreme Court took the unusual step of granting habeas corpus rights to wartime prisoners, having recognized that the men held had no way whatsoever to challenge the basis of their imprisonment if, as many of them claimed, they had been seized by mistake. That ruling, Rasul v. Bush, allowed lawyers into the prison, to begin preparing habeas corpus cases, but on the same day, in another ruling, Hamdi v. Rumsfeld, the Supreme Court essentially approved Guantánamo as the venue for the exercise of a parallel version of the wartime detention policies of the Geneva Conventions, ruling that prisoners could be held until the end of hostilities — an unwise move, given that the Bush administration regarded its “war on terror” as a global war that ignored geographical context, and could last for generations.
The Hell That is Boris Johnson’s Broken, Brexit-Deluded, Covid-Ravaged England
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For the last two months, my physical world has shrunk immensely. For nine years I cycled almost every day, capturing the changing face of London on bike rides that have taken me to the furthest postcodes of Europe’s largest city, and that, since the first Covid lockdown in March 2020, involved me cycling most days into central London — the City and the West End — to capture what began as apocalyptic emptiness, to which, by degrees, human activity eventually returned, but on nothing like the scale that it was before Covid hit. I post a photo a day from those bike rides — with accompanying essays — on my Facebook page ‘The State of London’, and also on Twitter.
Two months ago, however, I sprained my leg quite badly — crossing an unexpected line when what I thought was healthy activity turned out to be something that, instead, signified that my body’s resilience was finite, and that I was wearing it out.
Since then, I’ve barely left my immediate neighbourhood. For most of the last two months, I felt fortunate if I was able to hobble to the bottom of the street I live in in Brockley, in south east London. The worst of it is now over, as the muscle I sprained has finally healed, but in the process of compensating my knee itself is now bruised and painful, and although I can walk further — up to and and around my local park, Hilly Fields, and around the streets nearest to me, I haven’t been able to venture further afield, except on a few occasions when my wife has driven me somewhere.
Former Military Commissions Prosecutor Calls for the Closure of Guantánamo
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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.
Since Joe Biden was inaugurated as president in January, there has been a considerable outpouring of high-level demands for the closure of the shameful and disgraceful prison at Guantánamo Bay, which marked the 19th anniversary of its opening just before Biden’s inauguration, as the fatigue of the Trump years, when the White House was occupied by a president with no interest in addressing the horrors of Guantánamo, came to an end.
In January, seven former prisoners (all authors) had a letter published in the New York Review of Books calling for the prison’s closure, followed in February by a letter from 111 human rights organizations, including Close Guantánamo. Most significantly, in April, 24 Democratic Senators, including Dick Durbin, Patrick Leahy and Dianne Feinstein, followed up with their own demand for the prison’s closure, including detailed explanations of how that is possible.
There have also been op-eds by former Bill Clinton advisor Anthony Lake and Close Guantánamo co-founder Tom Wilner, by Lee Wolosky, the former Special Envoy for Guantánamo Closure, by retired Rear Admirals Donald J. Guter and John Hutson, by former CIA analyst Gail Helt, by Valerie Lucznikowska of September 11 Families for Peaceful Tomorrows, and by the attorney Benjamin R. Farley, who represents one of the men accused of involvement in the 9/11 attacks, as part of the DoD’s Military Commissions Defense Organization.
UN Experts Condemn UAE Plans to Forcibly Repatriate Former Guantánamo Prisoner Ravil Mingazov to Russia, Where He Faces “Substantial Risk of Torture”
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Yesterday (July 2), UN human rights experts, including Nils Melzer, the Special Rapporteur on Torture, condemned the United Arab Emirates (UAE) for its proposals to repatriate Ravil Mingazov, a former Guantánamo prisoner who was sent to the UAE from Guantánamo in January 2017, just before President Obama left office.
Despite what the experts describe as “informal assurances guaranteeing his release into Emirati society after undergoing a short-term rehabilitation programme,” Mingazov — and 22 other former prisoners (18 Yemenis and four Afghans), who were sent to the UAE from Guantánamo between November 2015 and January 2017 — found that, on their arrival in the UAE, the assurances evaporated, and they have instead been “subjected to continuous arbitrary detention at an undisclosed location in the UAE, which amounts to enforced disappearance.”
The only exceptions to this continued pattern of “arbitrary detention” and “enforced disappearance” are three of the Afghans, who, after suffering the same disgraceful treatment, were repatriated as a result of peace negotiations in Afghanistan involving the Afghan government and Hezb-e Islami Gulbuddin (HIG), a militant group that had supported al-Qaeda at the time of the US-led invasion of 2001, but that reached a peace deal with the Afghan government in 2016.
The Bleak Legacy of Donald Rumsfeld: Guantánamo, Torture and Two Failed and Astonishingly Destructive Wars
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If there was any justice in this world, Donald Rumsfeld, the former US defense secretary from 2001 to 2006 under George W. Bush, who has died at the age of 88, would have been held accountable for his crimes against humanity at Guantánamo, in Afghanistan and in Iraq; instead, he apparently passed away peacefully surrounded by his family in Taos, New Mexico.
In response to the terrorist attacks of September 11, 2001, Rumsfeld directed the US-led invasion of Afghanistan in October 2001, when the Geneva Conventions regarding the treatment of prisoners in wartime were shamefully jettisoned, and he was also responsible for the establishment of the prison at Guantánamo Bay, which opened on January 11, 2002.
At Kandahar and Bagram — and at numerous other prisons across Afghanistan — all those who came into US custody were regarded as “enemy combatants,” who could be held without any rights whatsoever. The torture and abuse of prisoners was widespread, and numerous prisoners were killed in US custody, as I reported in When Torture Kills: Ten Murders In US Prisons In Afghanistan, an article I published 12 years ago today.
Who's still at Guantánamo?
