Guantanamo and US District Courts/Appeals Courts

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.

A cross-post, with my own detailed introduction, of an important New York Times article by longtime Guantánamo watcher Linda Greenhouse, examining the shameful recent ruling by a panel of appeals court judges in Washington, D.C., denying that due process rights extend to the Guantánamo prisoners.

The significance of an appeals court ruling, written by Trump appointee Neomi Rao, claiming that the Guantánamo prisoners do not have due process rights, contrary to Boumediene v. Bush, the 2008 Supreme Court ruling affirming their habeas corpus rights, and a ruling last year, Qassim v. Trump, establishing their due process rights, in direction contravention of this latest ruling.

Good news as a US judge upholds a ruling from March requiring the US government to allow a US doctor and two foreign doctors to assess the mental health of Mohammed al-Qahtani, a Saudi national who was subjected to a vile torture program at Guantánamo when he was suspected of being the intended 20th hijacker for the 9/11 attacks, even though the US authorities knew that he had serious pre-existing mental health issues.

In a historic US court ruling, District Judge Rosemary Collyer has ordered the US government to allow tortured Guantánamo prisoner Mohammed al-Qahtani, who has long-standing and profound mental health issues, to be assessed by “a mixed medical commission,” consisting of a US medical officer, and two doctors from a neutral country chosen by the International Committee of the Red Cross, to determine whether he should be returned to Saudi Arabia for treatment.

My discussion of a recent ABC News article highlighting, via attorney Shelby Sullivan-Bennis, repressive and culturally inadequate treatment of prisoners at Guantánamo by medical personnel this summer, which led to all of the “low-value detainees” — 24 men in total —refusing to engage with medical staff. The situation now appears to have been partly resolved, but prisoners continue, as ever, to be shackled when meeting with military personnel, even though they offer no threat to them whatsoever.

My report about a little-noticed ruling by the Ninth Circuit Court of Appeals in the case of Abu Zubaydah, for whom the CIA’s post-9/11 torture program was developed, in which, for the first time, an appellate court has stated that he was tortured, and has also recognized that the Bush administration’s description of him as a member of Al-Qaeda was mistaken. My article also includes a cross-post of an article about the case by Joseph Margulies, who was one of Abu Zubaydah’s lawyers for over ten years.

On the 18th anniversary of the 9/11 attacks, one of the bitterest legacies of the “war on terror” that the Bush administration declared in response is Guantánamo, where the men held are sinking into despair under Donald Trump, including one man, Sharqawi Al Hajj, who, just last month, attempted suicide, cutting his wrists with a piece of glass while on a phone call with his lawyer. How long can this injustice continue?