Guantanamo and US District Courts/Appeals Courts

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.

Good news, as torture victim Mohammed al-Qahtani has finally been released from Guantánamo, where it was eventually recognized that his schizophrenia could not be dealt with adequately at the prison. At Guantánamo, meanwhile, 38 men are still held, half of whom have been approved for release, and more releases must follow soon.

My report about the latest welcome news from Guantánamo: the decision by a Periodic Review Board to approve the release of Mohammed al-Qahtani, who suffers from schizophrenia, which pre-dates his capture and arrival at Guantánamo in 2002. Despite this, the US authorities tortured him over the course of several months, in 2002-03, after discovering that he was apparently the intended 20th hijacker for the 9/11 attacks. Finally, however, the authorities have recognized that his mental health issues are so profound that he cannot be adequately treated at Guantánamo, and have accepted the need for him to be repatriated to Saudi Arabia where he can receive proper treatment.

Celebrating the good news that, for the first time since 2010, a US judge has granted the habeas corpus petition of a Guantánamo prisoner. The prisoner is Asadullah Haroon Gul, who was associated with the Hezb-e-Islami Gulbuddin militia, but the US Justice Department had continued to try to justify his ongoing imprisonment even though HIG reached a peace deal with the Afghan government in 2016.

My report about this week’s Supreme Court hearing in the case of torture victim and Guantánamo prisoner Abu Zubaydah, involving efforts by his lawyers to secure testimony from his torturers regarding what happened to him Poland. In oral argument, however, what emerged most forcefully was the Justices’ surprise that Abu Zubaydah himself has not been allowed to testify about what happened to him, and that he has had a habeas corpus petition pending for 14 years, as well as their concern that he is still being held at all, given the end of the war in Afghanistan.

My analysis of the significance of last week’s full en banc hearing, in the Court of Appeals in Washington, D.C., in Al-Hela v. Biden, a case focused on whether the prisoners at Guantánamo have due process rights (a question that shouldn’t need asking after nearly 20 years), highlighting the obstructive role played by the Justice Department throughout the prison’s long history.

A cross-post, with my own introduction, of a detailed article for the Atlantic about the failure of the law at Guantánamo by Benjamin Farley, an attorney with the defense team for Ammar al Baluchi, one of the five men accused of involvement in the 9/11 attacks, who was also an adviser to the Special Envoy for Guantánamo Closure from 2013 to 2017.

A detailed examination of the current Guantánamo cases before the US courts, some involving a long-running struggle for due process rights, others involving the imminent end to the war in Afghanistan, and another involving severe mental health issues. There are glimmers of hope in the litigation, but it already seems clear that the Biden administration is intent on resisting judicial interference when it comes to Guantánamo, and is more interested in making decisions about whether or not to release prisoners through the purely administrative Periodic Review Board process, which, just last month, approved three long-standing “forever prisoners” for release.

My report on the news that the Afghan government has submitted an amicus brief to a US court in the case of Asadullah Haroon Gul, one of the last two Afghans in Guantánamo, arguing for his long-overdue release. Of the 40 men still held, Gul is one of 22 identified as “forever prisoners,” because of their ongoing and thoroughly unjustifiable imprisonment without charge or trial.

An update in the case of Guantánamo prisoner Mohammed al-Qahtani, who, notoriously, was subjected to torture at the prison in 2002 in relation to claims that he was the intended 20th hijacker for the 9/11 attacks. Al-Qahtani has long-standing severe mental health issues, exacerbated by his torture, and earlier this year the District Court ordered a mixed medical commission for him, to assess whether or not he should be returned to Saudi Arabia to receive appropriate treatment. The government appealed for a stay, but the good news is that now the appeals court, the D.C. Circuit Court, has refused to go along with the government’s wishes.