Iraqis in Guantanamo

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.

A major article examining the cases of the 14 men still held at Guantánamo — “high-value detainees” and torture victims — who have not been approved for release, and what the US authorities can and should do with them, given that many have significant physical and/or mental health problems relating to their torture, or to the inadequacy of medical care at the prison. Following recent, highly critical reports by the UN and the ICRC, I look at the possibility of plea deals to resolve the deadlock in the trials of those who have been charged, and who may end up remaining at Guantánamo, but in a new facility providing “rehabilitation from torture, and adequate medical care”, and also suggest that other men not charged may also have to be provided with a similar, but non-penal facility providing the same level of care.

My report about the latest medical scandal at Guantánamo, as a medical team was flown in to conduct emergency surgery on Abd al-Hadi al-Iraqi, who has a degenerative spinal condition. Al-Iraqi previously had five surgical operations at Guantánamo, in 2017-18, after his condition was ignored for ten years. It is clear that his needs cannot be met at the prison, but he cannot receive urgent and more appropriate medical care on the US mainland because of an ongoing ban, imposed by Congress in the annual National Defense Authorization Act, which prevents prisoners from being transferred to the US mainland for any reason. I also look at the case of Ammar al-Baluchi, who suffered brain damage as a result of torture in a CIA “black site,” but whose calls for independent medical experts to assess him are being resisted by the Biden administration.

My report about the first plea deal reached at Guantánamo with a “high-value detainee” under President Biden — Abd al-Hadi al-Iraqi, a military commander in Afghanistan, who arrived at Guantánamo from a CIA “black site” in 2007, and was first charged in 2013. He is also one of the most physically disabled of the remaining 36 prisoners, suffering from a severe degenerative spinal condition.

As the coronavirus spreads around the globe with alarming speed, there are fears for the prisoners held at Guantánamo, especially after a US sailor tested positive for the virus last week. Along with my own thoughts, I cross-post an article published on Just Security by Scott Roehm, the Washington Director of the Center for Victims of Torture, pointing out that a number of the prisoners have serious underlying health problems, and calling for a number of appropriate responses from the Trump administration, beginning with letting the prisoners and their lawyers know what policies are in place to deal with the virus, and also including a call for Congress to allow prisoners to be transferred to the US mainland if they need urgent medical care.

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.

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email. Last week I published […]

See the full list here of everyone charged in the military commissions at Guantánamo. Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the […]

So it’s official, then. Eleven and a half years after the “war on terror” prison opened at Guantánamo, the maximum number of prisoners that the US military intends to prosecute, or has already prosecuted, is 20 — or just 2.5 percent of the 779 men held at the prison since it opened in January 2002. […]

Two weeks ago, when Khalid Sheikh Mohammed and four other “high-value detainees” were arraigned at Guantánamo, in preparation for their forthcoming trial by military commission, they brought to eight the number of “high-value detainees” tried, put forward for trials or having agreed to a plea deal to avoid a trial and secure a reduced sentence. […]