Sep. 28: EU Parliament Holds “Most Significant Gathering Ever Assembled on Guantánamo”, With Former Prisoners, Lawyers, Myself and Others
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POSTSCRIPT: See here for my report about, and the video of the event, plus photos.
On Thursday September 28, a very special event, described by its organizers as “the most significant gathering ever assembled on Guantánamo in the European Parliament,” is taking place in Brussels.
Ten speakers will be taking part in the event, which runs from 9am until noon. Three are former prisoners — Mansoor Adayfi, a Yemeni held for 14 years, who was resettled in Serbia in 2016, and is the author of the devastating memoir, “Don’t Forget Us Here: Lost and Found at Guantánamo,” published in 2021, which manages, simultaneously, to be harrowing, hilarious and full of humanity; Moazzam Begg, the author of “Enemy Combatant,” published in 2006; and Lakhdar Boumediene, an Algerian resettled in France in 2009, who is the co-author, with Mustafa Art Idr, of “Witnesses of the Unseen: Seven Years in Guantánamo,” published in 2017.
Also attending is Fionnuala Ní Aoláin, the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, who was the first Rapporteur to visit Guantánamo, earlier this year, and whose devastating report, published in June, described an ongoing regime that, despite some tinkering by Presidents Obama and Biden, constitutes, as she described it, “ongoing cruel, inhuman, and degrading treatment,” which “may also meet the legal threshold for torture.”
Video: I Discuss the Collapse of Guantánamo’s Military Commissions on “Unauthorized Disclosure” with Kevin Gosztola and Rania Khalek
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Many thanks to Kevin Gosztola of Shadowproof and The Dissenter for having me on his most recent “Unauthorized Disclosure” podcast with Rania Khalek to discuss the latest news regarding the prison at Guantánamo Bay.
The 40-minute podcast is entitled, “Nearly 8,000 Days of Injustice at Guantánamo Bay,” which is a helpful reminder of quite how long this wretched place has been open, and a reference to the photo campaign I’ve been running for many years now via the Close Guantánamo website (and its Gitmo Clock subsidiary, which counts in real time how long Guantánamo has been open), encouraging supporters to take photos with posters marking every 100 days of the prison’s existence.
The latest poster was for 7,900 days, on August 28, and you can see all the photos here, while the terrible milestone of 8,000 days takes place on December 6, and I hope you can take a photo with the 8,000 days poster and send it to Close Guantánamo.
“Forever Prisoner” Muhammad Rahim, the Last Afghan in Guantánamo, Eloquently Pleads For His Release
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On August 15, completely unremarked on by the mainstream media, Muhammad Rahim, the last Afghan held at Guantánamo, issued a heartfelt and eloquent plea for a panel of military and intelligence officers to approve his release from the prison, where he has been held for over 15 years without charge or trial.
Rahim, who is 57 years old, and in poor health, made his plea at a Periodic Review Board hearing, a process described by the media, when they can be bothered to pay attention to it, as a type of parole hearing — disregarding the crucial aspect that distinguishes it from parole hearings in the federal prison system, where the men given an opportunity to ask for their freedom have been convicted of a crime in federal court, and have received a prison sentence as a result.
Established under President Obama, the Periodic Review Boards were created to review the cases of men regarded as “too dangerous to release,” but against whom insufficient evidence existed to put them on trial — men accurately described as “forever prisoners.” Since November 2013, 58 men have been approved for release by PRBs, with 20 of those decisions taking place since President Biden took office (although most of those 20 men, shamefully, have not yet been freed).
After First Ever Guantánamo Visit, UN Rapporteur Finds Dehumanized, Traumatized Men Subjected to Cruel, Inhuman and Degrading Treatment That May Rise to the Level of Torture
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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the 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.
On Monday June 26, 7,837 days since the prison at Guantánamo Bay opened, and on the 25th anniversary of the establishment of the UN International Day in Support of Victims of Torture, the Special Procedures of the UN Human Rights Council (“independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective”) issued a devastatingly critical report about systemic, historic and ongoing human rights abuses at the prison, based on the first ever visit by a Special Rapporteur — Fionnuala Ní Aoláin, the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, who visited the prison in February.
At the time of her visit, just 34 men were held at the prison (a number now reduced to 30), out of the 779 men and boys who have been held by the US military throughout the prison’s long history, and, as the Special Rapporteur admitted, she agreed with every “detainee or former detainee,” who, “[i]n every meeting she held” with them, told her, “with great regret,” that she had arrived “too late.”
However, it is crucial to understand that the lateness of the visit was not through a lack of effort on the part of the UN; rather, it was a result of a persistent lack of cooperation by the US authorities — part of a pattern of obstruction, secrecy and surveillance that prevented any UN visit because the authorities failed to comply with the Terms of Reference for Country Visits by Special Procedure Mandate Holders, which require “[c]onfidential and unsupervised contact with witnesses and other private persons, including persons deprived of their liberty.”
Remembering Guantánamo’s Dead, on the 17th Anniversary of an Implausible “Triple Suicide”
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17 years ago, on June 10, 2006, the world awoke to the shocking news that three men had died at Guantánamo, allegedly through a coordinated suicide pact. The three men were Yasser al-Zahrani, a Saudi who was just 17 years old when he was seized in Afghanistan, Mani al-Utaybi, another Saudi, who was around 30 years of age, and Ali al-Salami (also known as Ali Abdullah Ahmed), a Yemeni, who was around 23 years old.
I mark the anniversary of the deaths of these men every year, and many of us who remember that day also remember being shocked when Rear Adm. Harry Harris, the prison’s commander, told the world, “This was not an act of desperation, but an act of asymmetric warfare committed against us.”
However, while Harris was rightly condemned for suggesting that committing suicide — taking your own life, with no harm to others — could be considered “an act of asymmetric warfare,” not enough scrutiny has been given to the fact that there was a “war” taking place in Guantánamo, but it was not the “war” that Harris envisaged.
The Broken Old Men of Guantánamo
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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the 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.
In recent months, an often-submerged story at Guantánamo — of aging torture victims with increasingly complex medical requirements, trapped in a broken justice system, and of the US government’s inability to care for them adequately — has surfaced though a number of reports that are finally shining a light on the darkest aspects of a malignant 21-year experiment that, throughout this whole time, has regularly trawled the darkest recesses of American depravity.
Over the years, those of us who have devoted our energies to getting the prison at Guantánamo Bay closed have tended to focus on getting prisoners never charged with a crime released, because, since the Bush years, when, largely without meeting much resistance, George W. Bush released two-thirds of the 779 men and boys rounded up so haphazardly in the years following the 9/11 attacks and the US-led invasion of Afghanistan, getting prisoners out of Guantánamo has increasingly resembled getting blood out of a stone.
Apart from a brief period from 2008 to 2010, when the law finally reached Guantánamo through habeas corpus (before cynical appeals court judges took it away again), getting out of Guantánamo has involved overcoming government inertia (for several years under Obama) or open hostility (under Trump), repeated administrative review processes characterized by extreme caution regarding prisoners never charged with a crime, and against whom the supposed evidence is, to say the least, flimsy (which led to over 60 men being accurately described by the media as “forever prisoners”), and many dozens of cases in which, when finally approved for release because of this fundamental lack of evidence, the men in question have had to wait (often for years) for new homes to be found for them in third countries.
UN Condemns 21-Year Imprisonment of Abu Zubaydah as Arbitrary Detention and Suggests that Guantánamo’s Detention System “May Constitute Crimes Against Humanity”
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In what strikes me 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 — the UN Working Group on Arbitrary Detention has declared that the 21-year imprisonment of Zain al-Abidin Muhammad Husayn, better known as Abu Zubaydah, constitutes arbitrary detention, via the flagrant abuse of the relevant articles of the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, and has expressed “grave concern” that the very basis of the detention system at Guantanamo — involving “widespread or systematic imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law” — “may constitute crimes against humanity.”
The UN also condemned other countries for their involvement in Abu Zubaydah’s arbitrary detention — specifically, Pakistan, where he was first seized, Thailand, Poland, Morocco, Lithuania and Afghanistan, where he was held and tortured in CIA ”black sites”, and the UK as “a State complicit in the extraordinary rendition programme that knowingly took advantage of it” (as discussed in a secret detention report by the UN in 2010, on which I was the lead author).
As the Working Group also explains, with reference to the British government, “The Intelligence and Security Committee of Parliament (United Kingdom) found, in 2018, that the Government had sent questions to interrogators and received intelligence obtained from detainees who the authorities knew or should have known had been mistreated. The parliamentary inquiry found that the United Kingdom had been directly aware of Mr. Zubaydah’s ‘extreme mistreatment,’ yet its intelligence agencies had provided questions for his interrogation.”
The Man They Never Knew: Said Bakush Is Repatriated from Guantánamo to Algeria; 30 Men Now Remain, 16 Also Approved for Release
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On April 20, the last Algerian in Guantánamo, Said Bakush (also known as Saeed Bakhouche), was repatriated after being held for nearly 21 years without charge or trial.
Bakush, a Berber, who is now 52 years old, was freed just over a year after his approval for release, when a Periodic Review Board (a parole-type process established under President Obama) “determined that continued law of war detention [was] no longer necessary to protect against a continuing significant threat to the national security of the United States,” and it is to be hoped that he will somehow be able to pick up the pieces of his broken life, even though he was not married, and has no children, and no one seems to know whether he has any relatives who are in a position to provide him with the support that will be needed after he lost over a third of his life in Guantánamo.
30 men now remain at Guantánamo, and 16 of them, like Bakush, have been approved for release. His release is to be commended, but it is imperative that these other men are also freed as swiftly as possible, although the release of the majority of them is complicated by the fact that they cannot be repatriated, because of provisions preventing their return to their home countries that have been included by Republicans in the annual National Defense Authorization Act for over a decade, and third countries must be found that are prepared to offer them new homes.
Guantánamo and the U.S. Courts: When Is A War Not Over? Apparently, When It’s the “War on Terror”
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It’s a sign of the fundamental lawlessness of Guantánamo that, 19 months since the United States decisively brought to an end its nearly 20-year military presence in Afghanistan by withdrawing all its troops, a Guantánamo prisoner — who is not alleged to have been anything more than a foot soldier for the Taliban at the time of the 9/11 attacks and the subsequent U.S.-led invasion of Afghanistan — is fighting in a U.S. court to try to get a judge to recognize that, given the definitive end to the U.S.’s involvement in hostilities in Afghanistan, he must be freed.
The prisoner in question is Khalid Qassim (aka Qasim), a Yemeni who has been held for nearly 21 years without charge or trial at Guantánamo, and is still held, even though, last July, a Periodic Review Board (a parole-type review process introduced by President Obama) approved him for release, recognizing his “low level of training and lack of a leadership role in al Qaida or the Taliban.”
This was an important decision, which finally brought to an end the U.S. government’s insistence that it could continue to hold him not because of anything he was alleged to have done prior to his capture, but because of concerns regarding his lack of compliance during his imprisonment at Guantánamo.
Saudi Engineer Ghassan Al-Sharbi Sent Home From Guantánamo; 31 Men Remain, 17 Approved For Release
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I’m pleased to report more good news from Guantánamo as Ghassan Al-Sharbi, a Saudi prisoner held for nearly 21 years, has been repatriated. 48 years old, he was just 28 when he arrived at the prison on June 19, 2002.
Al-Sharbi was seized on March 28, 2002, during a number of house raids in Faisalabad, Pakistan, which also led to the capture of Abu Zubaydah, for whom the CIA’s post-9/11 torture program was first developed, in the mistaken — one might even, more appropriately, say deluded — belief that he was a high-ranking member of Al-Qaeda.
Al-Sharbi’s classified military file, released by WikiLeaks in 2011, suggests that he was seized in a guesthouse known as the Aldafa guesthouse, which analysts alleged to be “one of two guesthouses that was ran [sic] by Abu Zubaydah in Faisalabad,” although Al-Sharbi stated that a man named Ahmed “was in charge of the day-to-day operations of the house, not Abu Zubaydah as is sometimes reported.”
Who's still at Guantánamo?
