Conditions at Guantanamo

My report about an important lawsuit submitted to the District Court in Washington, D.C. by the ACLU, the Center for Constitutional Rights and the International Refugee Assistance Project (IRAP), asking the Court to urgently intervene to “put a stop” to what they accurately describe as the Trump administration’s “cruel, unnecessary and illegal transfers” of migrants to the naval base at Guantánamo Bay, Cuba. The lawsuit was submitted on behalf of ten named individuals — seven Venezuelans, an Afghan, a Pakistani and a Bangladeshi — who are currently being held in immigration detention facilities in Texas, Virginia and Arizona run by Immigration and Customs Enforcement (ICE), but who legitimately fear being sent to Guantánamo. The lawyers correctly argue that, even though the men’s asylum claims were ultimately unsuccessful, and they have all been subjected to “final removal” orders, they are still protected by the US Constitution, and by US law; specifically, the Immigration and Nationality Act and the Administrative Procedure Act. Regarding the Constitution, the lawyers argue that the transfers and detention of the migrants at Guantánamo “violate due process under the Fifth Amendment because the transfers are undertaken for punitive, illegitimate reasons and the conditions in which the detainees are housed are unconstitutional.” It is to be hoped that the Court arranges a hearing soon, and that the judge recognizes the illegality of the Trump administration’s actions, and can act to stop it.

Following up on a compelling Washington Post article featuring interviews with three of the 127 Venezuelan migrants held in Camp 6 of the “war on terror” prison at Guantánamo Bay between February 4 and February 20, when they were repatriated (although only to be replaced by new arrivals from the US mainland), I note how alarming it is to hear about the brutality and dehumanization to which they were subjected, including invasive strip-searches, a ban on almost all outdoor recreation time, a ban on all contact with the outside world, and an atmosphere that was so oppressive that a number of them tried to kill themselves. I discuss how the rhetoric about them being “the worst of the worst” seems to be entirely unfounded, and ask, above all, one burning question: who authorized these conditions of confinement, more punitive than those implemented since the early days of the “war on terror”? I note that military guards don’t act autonomously, and that, therefore, their actions must be dictated by the “Standard Operating Procedures” (SOPs) put in place since Trump’s cynical and cruel “war on migrants” began, which need to be publicly revealed.

Wonderful news, as eleven Yemeni men, long approved for release from Guantánamo, have finally been freed and resettled in Oman. I’ve spent two years writing about and campaigning relentlessly for the release of these men, despite indifference from the mainstream media. I’d like to particularly congratulate Tina Kaidanow, appointed by President Biden to oversee resettlements from Guantánamo, for working so hard to free them, even after her efforts were cynically canceled in October 2023. Behind the scenes, however, she continued to press for their release, although sadly she died in October before seeing the results of all her work. With these releases, just 15 men are still held at Guantánamo, and, although it’s worth taking a moment to reflect on what freedom means for these eleven men, after over two decades of imprisonment without charge or trial, it’s also important that we continue to push for justice for the men still held — three others who have long been approved for release, another three “forever prisoners” who have never been charged, and nine men caught up in the military commission system, where justice remains elusive because of the use of torture, and plea deals are the only viable way to bring some sort of closure to the brutal and failed Guantánamo experiment.

The audio recording of “Life at Guantánamo: Writing Behind Bars”, a powerful and moving event that took place at Amnesty International’s London headquarters on Wednesday June 28, 2023, featuring former prisoners Mohamedou Ould Slahi (in person) and Mansoor Adayfi (by Zoom) in discussion, with Andy Worthington, about the enormous challenges they faced when it came to writing at Guantánamo, but how, almost against all odds, they overcame those challenges to create two books — Guantánamo Diary” and “Don’t Forget Us Here: Lost and Found at Guantánamo” — which provide searing accounts of the almost incomprehensible injustices and brutality that they experienced at the prison.

Linking to and discussing my recent, in-depth, one-hour interview with Kevin Gosztola for his “Unauthorised Disclosure” podcast, in which we discussed Guantánamo, with a specific focus on the military commissions, and the recent ruling by the 9/11 trial judge refuting defense secretary Lloyd Austin’s claim that he had the right to revoke plea deals agreed in July with three of the 9/11 co-accused, and on the plight of the 16 men still held who have long been approved for release, and for whom President Biden urgently needs to find new homes before his presidency comes to an end. Kevin also promoted ’Songs of Loss and Resistance”, the new album of protest music by my band The Four Fathers, harking back to the ‘Protest Song of the Week’ feature that he ran on his previous site, Shadowproof, where he publicized our very first release nine years ago.

A crucial update on Guantánamo, with just two weeks left until the Presidential Election, in which I review Biden’s progress — or the lack of it — towards the prison’s closure over his nearly four years in office, look at what can be expected, and what should be pushed for after the election, and celebrate the importance of the efforts made by opponents of Guantánamo’s continued existence — via our ongoing monthly vigils, and our ongoing photo campaign — to pierce the fog of amnesia and inertia that engulfs the prison. With no one freed from Guantánamo for the last 18 months, I look at the plight of the 16 men still held despite being long approved for release, and mark the recent passing of Tina Kaidanow, the former ambassador appointed to facilitate resettlements for these men, whose efforts were stymied by her bosses when she negotiated resettlements in Oman that were cancelled because of the “political optics” after October 7 last year. I also examine the wreckage of the military commissions, where necessary plea deals with the 9/11 accused, whose prosecutions are impossible because of the torture to which they were subjected, were overruled by defense secretary Lloyd Austin, and I also provide a reminder about the absolutely devastating report and opinions about Guantánamo that were issued by UN Special Mandate holders last year, which were shamefully brushed aside by the Biden administration.

My analysis of the shameful news that, just two days after plea deals were announced in the cases of three of the men charged in connection with the 9/11 attacks — whereby the death penalty would be dropped in exchange for guilty pleas and the promise of life sentences instead — defense secretary Lloyd Austin has revoked those plea deals. The three men include Khalid Shaikh Mohammad, the alleged mastermind of 9/11, and the plea deals provided what appears to be the only viable conclusion to the legal impossibility of successful prosecuting them after their torture for three and a half years in various CIA “black sites.” Efforts to prosecute them have been ongoing since 2008, but are primarily stuck in a kind of “Groundhog Day,” because the men’s lawyers correctly seek to expose the torture to which they were subjected, while prosecutors seek to hide it, although over the last two years prosecutors have been working towards the plea deals, having apparently accepted that successful prosecutions are impossible. Austin’s capitulation — to Republican criticism, and to what appears to be the Democrats’ own commitment to a type of endless vengeance when it comes to the “black site” prisoners — is therefore a deplorable failure to accept the compromises needed to bring this sordid chapter in US history to an end, as well as to provide the remaining prisoners with adequate physical and mental health treatment, as required under international humanitarian law, and it is to be hoped that his “undue command influence” will be successfully challenged in court.

Examining yet another facet of the ongoing chronic injustice at Guantánamo — the recent sentencing, for war crimes, of Abd al-Hadi al-Iraqi, Guantánamo’s most profoundly disabled prisoner, who suffers from a chronic degenerative spinal disease, which, despite seven operations at the prison, has not been adequately resolved, and will in all probability eventually leave him paralyzed. A 62- or 63-year old Iraqi Kurd, whose real name is Nashwan al-Tamir, al-Iraqi has been held at Guantánamo for over 17 years, after being held in a CIA “black site” for six months. Although the US authorities initially tried to tie him to Al-Qaeda and terrorism, the main charges against him ended up relating to his time as a military commander in Afghanistan at the time of the US-led occupation. At his sentencing, al-Iraqi was profoundly apologetic to the family members of those who were killed as a result of his orders in Afghanistan; however, the military jury delivered the maximum sentence, of 30 years, although this was reduced to ten years via a plea deal he agreed to two years ago. Nevertheless, this means that he will not be released until 2032, which still seems hugely punitive, given his contrition, his medical condition, and the fact that, when his sentence ends, he will have been held for 26 years in total.

The seventh article in my ongoing series of ten articles about the 16 men approved for release from Guantánamo, noting how long they have been held since those decisions were taken, telling their stories, and tying publication of these articles into significant dates in their long ordeal. The articles are published alternately here and on the Close Guantánamo website, and this particular article highlights the case of Khaled Qassim, a Yemeni, and a talented artist, whose ongoing imprisonment without charge or trial was upheld for many years because of his “non-compliance” — his resistance to the injustice and brutality of Guantánamo, including through persistent hunger strikes — far more than anything he was alleged to have done before he was seized and taken to Guantánamo in the first place.

Photos from, and my report about the eight vigils for the closure of Guantánamo that took place across the US and around the world on February 7, 2024, the latest in an ongoing series of monthly coordinated global vigils that began last year. The vigils take place on the first Wednesday of every month, and the next date is March 6.