Guantanamo and US Supreme Court

Never-Ending Injustice: State Secrets and the Torture of Abu Zubaydah

10.10.21

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.

How the Law Failed at Guantánamo

16.7.21

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.

Fighting Guantánamo in the Courts Under President Biden

3.6.21

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.

Abu Zubaydah Files Complaint About Torture and Ongoing Imprisonment at Guantánamo with UN Arbitrary Detention Experts

5.5.21

News of an important complaint filed with the UN Working Group on Arbitrary Detention, on behalf of Abu Zubaydah, held in CIA “black sites” for four and a half years, and at Guantánamo since September 2006, without ever being charged. The complaint is not only against the US, but also against Thailand, Poland, Morocco, Lithuania and Afghanistan (the five countries in which he was held in “black sites”), as well as the UK, which is regarded as complicit in his torture.

The New York Times’ Linda Greenhouse on Guantánamo: “Born in Fear and Sustained Through Political Cynicism and Public Indifference”

18.9.20

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.

A Rare Court Victory Offers Hope for Guantánamo’s “Forever Prisoners”

30.6.19

I report on an important case, argued by Tom Wilner, with whom I co-founded the ‘Close Guantánamo’ campaign in 2012, in which appeals court judges “reversed an eight-year rule that has prevented Guantánamo detainees from seeing and rebutting the evidence purportedly justifying their detention.” As Tom says, “This decision tears down the major barrier that has prevented the Guantánamo detainees from receiving a fair hearing.”

US Supreme Court Supports Lifelong Imprisonment Without Charge or Trial at Guantánamo; Only Justice Breyer Dissents

17.6.19

As the Supreme Court turns down a request for a review of his case by Moath al-Alwi, a Yemeni held at Guantánamo without charge or trial for over 17 years, I examine the significance of a statement made by Justice Stephen Breyer, questioning whether the court’s decisions over the last 15 years – and particularly in relation to Hamdi v. Rumsfeld, in June 2004 – have led to an endorsement of “perpetual detention.” The answer is yes, but it remains to be seen if the court is willing or able to tackle such a profound and lingering injustice.

Remembering Judge John J. Gibbons, The Man Who Brought Habeas Corpus to Guantánamo

16.12.18

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.   I wrote the following article for […]

Karen Greenberg on Brett Kavanaugh, and How Guantánamo is Poisoning US Law

18.10.18

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.   I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary […]

Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

12.7.18

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.   I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary […]

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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