Guantanamo and habeas corpus

The first of two articles about the devastating report about Guantánamo that was issued on June 26 by Fionnuala Ní Aoláin, the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, following her visit to Guantánamo in February, which was the first ever visit to the prison by a Special Rapporteur. Despite improvements in conditions under President Obama and President Biden, she concluded that the detention regime at the prison continues to represent “ongoing cruel, inhuman, and degrading treatment”, and “may also meet the legal threshold for torture.”

My report about what I describe as “the single most devastating condemnation by an international body that has ever been issued with regard to the US’s detention policies in the ‘war on terror’, both in CIA ‘black sites’ and at Guantánamo” — an opinion issued by the the UN Working Group on Arbitrary Detention about Abu Zubaydah, the first victim of the CIA’s post-9/11 torture program. The condemnation is not only of the US government, but also the governments of Pakistan, Thailand, Poland, Morocco, Lithuania, Afghanistan and the UK, although the most severe criticisms are directed at the US government, which is ordered to release him and to pay him compensation. The Working Group also expresses “grave concern” that the very basis of the detention system at Guantánamo — involving “widespread or systematic imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law” — “may constitute crimes against humanity.”

My report about the release from Guantánamo of Said Bakush, the last Algerian in the prison, who was held for nearly 21 years without charge or trial. Bakush, as I have reported previously, was misidentified by the US military, who used a photo that purported to be of him, but was not him at all, and he was also analyzed as suffering from PTSD by a psychologist contacted by his attorney, Candace Gorman, who continued to work on his behalf, even though he has not seen her since 2016, because he became so depressed about his predicament.

An exclusive article about the latest court hearing in the case of Khalid Qassim, a Yemeni prisoner in Guantánamo whose lawyers are seeking to persuade a judge to order his release on the basis that, as someone seized after the US-led invasion of Afghanistan as a soldier, with no connection to terrorism, he must be released now that the war in Afghanistan is definitively over. The case was heard in December, in the District Court in Washington, D.C., before Senior Judge Thomas Hogan, and was argued by Tom Wilner, who was Counsel of Record to the Guantánamo prisoners in their Supreme Court cases establishing their right to habeas corpus in 2004 and 2008.

The video – with my introduction – of ‘Guantánamo: 21 Years On’, the very first episode of a new English language show, ‘The London Circle’, broadcast by the Arabic news channel Al Hiwar TV, featuring Moazzam Begg and I in discussion with Anas Altikriti.

My report about Guled Hassan Duran, a Somali prisoner in Guantánamo who has worrying health problems, and whose lawyers have just asked a US court to revisit his long-stalled habeas corpus petition, and to order his release, a year since he was approved for release by a Periodic Review Board.

Introducing an update to my six-part definitive Guantánamo prisoner list, which I first put together in 2009, listing the 779 men held at the prison since it opened on January 11, 2002, and which links to my articles about the prisoners, drawing on the 2,500 articles I’ve written about Guantánamo since 2007. I’ve updated it several times since 2009, most recently in 2018, and this latest update adds links to all the articles I’ve written over the last four years.

Looking at the problems faced by the US government in finding a third country prepared to offer a new home to Guantánamo prisoner Majid Khan, whose sentence for involvement in terrorism ended on March 1 this year. Khan is thoroughly repentant about his actions, and has cooperated with the authorities on other terrorism-related cases, but it remains uncertain whether another country can be found that will take him in. As a cooperating witness, he should, it seems to me, be resettled with his family under a new identity in the US, but that is currently illegal under provisions in the annual National Defense Authorization Act introduced by Republicans during the Obama presidency, and maintained ever since.

Celebrating the latest release from Guantánamo — of Asadullah Haroon Gul, an Afghan held without charge or trial since 2007, who was approved for release last year by a Periodic Review Board, and who also had his ongoing imprisonment judged as unlawful by a District Court judge reviewing his habeas corpus petition.

The latest news in the case of Guantánamo prisoner Majid Khan, who has submitted a habeas corpus petition seeking his release, 100 days since his sentence for involvement with terrorism ended. While Khan should have the law on his side, I also compare his case to that of the 20 other men approved for release by administrative review processes, but also still held, for whom, shamefully, no legal mechanism at all exists to compel their release.