“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).
For First Time Since 2010, A Judge Grants a Guantánamo Prisoner’s Habeas Corpus Petition, Ruling that Asadullah Haroon Gul’s Imprisonment is Unlawful
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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 an important ruling in the District Court in Washington, D.C. last week, Judge Amit Mehta, an Obama nominee, granted the habeas corpus petition of Asadullah Haroon Gul, an Afghan prisoner held at Guantánamo without charge or trial since June 2007, and identified by the US authorities simply as Haroon al-Afghani.
The ruling is significant because it is the first time since July 2010 that a judge has granted a Guantánamo prisoner’s habeas corpus petition on the basis that his detention is unlawful. After the Supreme Court granted the Guantánamo prisoners constitutionally guaranteed habeas corpus rights, in Boumediene v. Bush, in June 2008, there followed a two-year period that was the only time in Guantánamo’s history that the courts were able to objectively assess the basis of the prisoners’ detention, and in 38 cases judges ruled that the government had failed to establish that they had any meaningful connection to either Al-Qaeda or the Taliban.
By 2010, however, politically motivated appeals court judges had passed a number of rulings that gutted habeas corpus of all meaning for the Guantánamo prisoners. The last man freed after having his habeas corpus petition granted was Mohammed Hassen (aka Mohammed Hassan Odaini), a Yemeni who was freed in July 2010 after having his habeas petition granted in May 2010. Two other prisoners had their habeas petitions granted in July 2010, but they were amongst the six men whose successful petitions were subsequently overturned by the court of appeals, and, from July 2010 until October 2011, eleven men had their habeas petitions denied, until they, and their lawyers, gave up. Several efforts were made in the following years to interest the Supreme Court in taking back control of Guantánamo detainee issues, and to break through the obstacles raised by the court of appeals, but all, sadly, were in vain.
Yemeni Torture Victim and Insignificant Afghan Approved for Release from Guantánamo by Periodic Review Boards
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Fresh from the news that Pakistani torture victim Ahmed Rabbani has been approved for release from Guantánamo by a Periodic Review Board, a parole-type process established by President Obama, comes the further revelation that two more “forever prisoners” have also been approved for release — Sanad al-Kazimi, a Yemeni, and Asadullah Haroon Gul, one of the last two Afghans in the prison.
The approval for the release of both men is long overdue, but it is reassuring that, after nearly 20 years, it has finally become unfashionable for the US government to suggest that men who have never been charged or tried can be held indefinitely in the notorious offshore prison at the US’s naval base in Cuba. This year, letters to President Biden from 24 Senators and 75 members of the House of Representatives have spelled out, in no uncertain terms, how men who have not been charged with crimes must be released.
In the case of Asadullah Haroon Gul, held at Guantánamo since 2007, the US’s reasons for holding him evaporated many years ago. Despite his youth (he was only around 19 years old when the US-led coalition invaded Afghanistan in October 2001), he had allegedly held some kind of leadership position in Hezb-e-Islami Gulbuddin (HIG), the militia led by the former warlord Gulbuddin Hekmatyar. A recipient of significant US funding during the time of the Soviet occupation, Hekmatyar had turned against the US following the invasion in October 2001, but in recent years had joined the Afghan government via a peace deal in 2016 that had led to HIG members being released from prison (and one, sent to the UAE from Guantánamo, being repatriated).
UN Experts Condemn UAE Plans to Forcibly Repatriate Former Guantánamo Prisoner Ravil Mingazov to Russia, Where He Faces “Substantial Risk of Torture”
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Yesterday (July 2), UN human rights experts, including Nils Melzer, the Special Rapporteur on Torture, condemned the United Arab Emirates (UAE) for its proposals to repatriate Ravil Mingazov, a former Guantánamo prisoner who was sent to the UAE from Guantánamo in January 2017, just before President Obama left office.
Despite what the experts describe as “informal assurances guaranteeing his release into Emirati society after undergoing a short-term rehabilitation programme,” Mingazov — and 22 other former prisoners (18 Yemenis and four Afghans), who were sent to the UAE from Guantánamo between November 2015 and January 2017 — found that, on their arrival in the UAE, the assurances evaporated, and they have instead been “subjected to continuous arbitrary detention at an undisclosed location in the UAE, which amounts to enforced disappearance.”
The only exceptions to this continued pattern of “arbitrary detention” and “enforced disappearance” are three of the Afghans, who, after suffering the same disgraceful treatment, were repatriated as a result of peace negotiations in Afghanistan involving the Afghan government and Hezb-e Islami Gulbuddin (HIG), a militant group that had supported al-Qaeda at the time of the US-led invasion of 2001, but that reached a peace deal with the Afghan government in 2016.
After Years in Secret Prisons, UAE Threatens Unsafe Repatriations to Yemen for Former Guantánamo Prisoners
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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.
Depressing but important news about life after Guantánamo was published by the Associated Press on Wednesday, focusing on the appalling treatment that former Guantánamo prisoners have received since being resettled in the United Arab Emirates between November 2015 and January 2017, when President Obama left office; specifically, 18 Yemenis (out of 23 men in total sent to the UAE), who have now been told that the UAE is preparing to repatriate them, even though their lives may well be at risk in Yemen.
As reporter Maggie Michael described it, the prisoners “were promised they were being sent to a Muslim country for rehabilitation that would help integrate them into society, opening the way to jobs, money, and marriage, according to their lawyers and families. It was a lie.”
To anyone paying close attention, this wasn’t news. The Washington Post reported in May 2018 that former prisoners sent to the UAE after being unanimously approved for release by high-level US government review processes remain imprisoned, despite promises that their new host country would help them rebuild their lives. Missy Ryan’s story was entitled, “After over a decade at Guantanamo, these men were supposed to go free. Instead, they’re locked in a secretive center in the UAE.”
Asadullah Haroon Gul: The Hunger Striking Afghan Forgotten at Guantánamo
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Regular readers will recall the sad story of Asadullah Haroon Gul, one of the last two Afghans amongst the 40 men still held in the prison at Guantánamo Bay. In correspondence from Guantánamo this year, Gul has written about the coronavirus, about being a “no value detainee”, and about the murder by police of George Floyd and the resurgent Black Lives Matter movement.
As seems abundantly clear — to everyone except his captors — Gul, one of the last prisoners to arrive at Guantánamo, in June 2007, is a fundamentally insignificant prisoner whose ongoing imprisonment makes no sense. The US has quite nebulously alleged that he was involved with Hezb-e-Islami Gulbuddin (HIG), led by the warlord Gulbuddin Hekmatyar, who had supported Al-Qaeda at the time of the US-led invasion. However, as I explained in July, “Gul very clearly had no meaningful connection with HIG, his involvement extending only to having lived, with his wife and family, in a refugee camp that HIG ran, but, as in so many cases of mistaken identity at Guantánamo, the US authorities didn’t care.”
To add insult to injury, Hekmatyar’s status has now changed. He reached a peace agreement with the Afghan president, Ashraf Ghani, and at the start of this year a former Guantánamo prisoner with HIG associations, Hamidullah, was repatriated from the United Arab Emirates, where he had been sent with other Afghans in 2016, because of this agreement, surely undermining any efforts by the US to claim that Gul should still be held.
“I Can’t Breathe”: Afghan Prisoner Asadullah Haroon Gul on Black Lives Matter and Violent Oppression in Guantánamo
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Over the last few months I’ve cross-posted, on two occasions, articles by Asadullah Haroon Gul, an Afghan prisoner in Guantánamo who is seeking the support of his government in securing his release — A Coronavirus Lament by Guantánamo Prisoner Asadullah Haroon Gul and Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed — and below I’m cross-posting a third, written in response to the reawakening of the Black Lives Matter movement, following the murder of George Floyd in Minneapolis, and originally published in Newsweek. In it, Gul takes George Floyd’s dying words, “I can’t breathe,” and draws parallels with the brutal treatment of prisoners in Guantánamo, himself included, expressing support for Black Lives Matter and hoping that, like the civil rights movement, it will bring significant change.
As he states, “America’s business is not my business but if human beings anywhere are struggling for justice, I must support them even from my cell in Guantánamo Bay. Perhaps my brothers and sisters marching in the streets will turn their eyes on this island prison, and witness our common cause.”
One of the last prisoners to arrive at Guantánamo, in June 2007, Gul was apparently seized because of his alleged involvement with Hezb-e-Islami Gulbuddin (HIG), led by the warlord Gulbuddin Hekmatyar, who had supported Al-Qaeda at the time of the US-led invasion. Gul very clearly had no meaningful connection with HIG, his involvement extending only to having lived, with his wife and family, in a refugee camp that HIG ran, but, as in so many cases of mistaken identity at Guantánamo, the US authorities didn’t care.
Radio: I Discuss the Coronavirus Changing the World Irrevocably, Plus Guantánamo and WikiLeaks, with Chris Cook on Gorilla Radio
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Last Tuesday, I was delighted to speak to Chris Cook, for his radio show Gorilla Radio, beaming out to the world from Vancouver Island, in western Canada. Our full interview — an hour in total — can be found on Chris’s website. It’s also available here as an MP3, and I hope you have time to listen to it. A shorter version — about 25 minutes in total — will be broadcast in a few weeks’ time. [UPDATE May 30: the shorter version is here. US peace activist David Swanson is in the first half; I’m in the second half].
Chris began by playing an excerpt from the new release by my band The Four Fathers, ‘This Time We Win’, an eco-anthem inspired by the campaigning work of Greta Thunberg and Extinction Rebellion. [Note: In the edited version of the show, he plays the whole song, beginning at 31:25].
We then discussed my most recent articles about Guantánamo, A Coronavirus Lament by Guantánamo Prisoner Asadullah Haroon Gul and Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed, both dealing with one of the many insignificant prisoners still held at Guantánamo, out of the 40 men still held — Asadullah Haroon Gul, whose lawyers are trying to secure his repatriation as part of the Afghan peace process.
Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed
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 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.
With the prisoners at Guantánamo currently cut off more than ever from the outside world, as the coronavirus threat has brought visits from their attorneys to an end for the foreseeable future, the only way we can hear anything from any of the 40 men still held is if they have written to their attorneys, or if their attorneys have notes from previous meetings with their clients that have been unclassified after being reviewed by the Pentagon’s censorship team.
If any attorneys have any words of their clients that they’d like to share with the world, we’ll be happy to publish them, but in the meantime we’re delighted to cross-post below an article by Asadullah Haroon Gul, one of the last two Afghan prisoners in Guantánamo, and one of the last prisoners to arrive at the prison, in 2007, whose previous missive about Guantánamo — about the threat the coronavirus poses to the men still held — was the subject of our last article, just a few weeks ago.
In this second article, published in Afghanistan Times, Gul specifically focuses on his status as one of the last two Afghan prisoners in Guantánamo (mistakenly describing himself as the last Afghan in the prison, and overlooking Muhammad Rahim, who was the last prisoner to arrive at the prison, in March 2008), and also ties this in with descriptions of some of the other Afghan prisoners held and freed. He also makes a useful distinction, regarding the 40 men still held, between those regarded as “high-value detainees” (HVDs) held in the secretive Camp 7, and the rest — himself included — who he describes as “no value detainees” (NVDs).
Good News! Former Guantánamo Prisoners Released from UAE to Afghanistan
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At the start of the year, I stumbled across a couple of news sources reporting that three former Guantánamo prisoners — all Afghan nationals — had been repatriated to Afghanistan from the United Arab Emirates (UAE), where they had been sent by Barack Obama between November 2015 and January 2017, just before Donald Trump took office.
The reason for the men’s release wasn’t given in these reports, and while I picked up a few hints about what had happened on my US trip to call for the closure of Guantánamo (from January 10-20), it wasn’t until last week that I was alerted to a more thorough explanation of their repatriation, via the Afghanistan Analysts Network (AAN), “an independent non-profit policy research organisation,” established in 2009, and, specifically, via ‘Freed at Last: Three Afghans sent to Guantánamo in 2002 and 2003 are finally home,’ an article by Kate Clark, who has been involved wth Afghanistan since 1999 when she was the BBC’s Kabul correspondent, and who, in 2016, authored a detailed report, “Kafka in Cuba: The Afghan Experience in Guantánamo.”
In total, 23 men were sent from Guantánamo to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016 (see here and here), and one Russian, one Afghan and one Yemeni in January 2017 — but as Kate Clark explains, although the men “sent to the UAE believed — as did their families and lawyers — that they were also heading for temporary detention and then resettlement and family reunion,” what transpired instead was that, “for almost all of the last three years, the UAE authorities … held them in al-Rizan maximum security prison”, where they “were allowed family visits, but were not permitted to see their lawyers or the International Committee of the Red Cross (ICRC).”
Who's still at Guantánamo?
