Over 16 and a half years since the ill-conceived prison at Guantánamo Bay opened, and over two and a half years into the presidency of Donald Trump, the terrible injustice of Guantánamo has, sadly, largely slipped off the radar.
The reasons are many — and none reflect well on the US, its institutions and its people. The American people have never cared sufficiently about what is being done in their name at Guantánamo, where the fundamental right not to be imprisoned without due process has been done away with since the prison opened, a product of the country’s all-consuming vengeance after the terrorist attacks of September 11, 2001. Few people, it seems, either know or care that very few people accused of terrorism have actually been held at Guantánamo, and that most of those held were foot soldiers in an inter-Muslim civil war in Afghanistan, or civilians swept up in incompetent dragnets, and that the majority — whether soldiers or civilians — were not “captured on the battlefield,” but were sold to the US by their Afghan and Pakistani allies.
When it comes to America’s institutions, everyone has failed to live up to their responsibilities — President Obama, for example, who took eight years to fail to close the prison, despite promising to do so on his second day in office; Congress, where lawmakers generally take little interest in anything other than appeasing big business; and the courts, who have failed to fundamentally challenge the lawlessness of Guantánamo. Read the rest of this entry »
January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.
The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”
CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”
CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.” Read the rest of this entry »
Last Thursday, as I travelled across London to show solidarity with the victims of a recent injustice in the UK — the Grenfell Tower fire in June, in which 71 people died needlessly because safety standards had been so gravely eroded by those responsible for residents’ safety — the victim of another injustice, not adequately dealt with for 16 years, had an article published in the Guardian.
That victim of injustice is Khalid Qassim (aka Qasim), a Yemeni prisoner at Guantánamo, held for almost 16 years without charge or trial. That would be unacceptable if he were a prisoner of war, as it is longer than the absurdly long Vietnam War, and it is insulting to claim that any war can last forever. However, Qassim and all the men held at Guantánamo since January 2002 have never been held as prisoners of war under the Geneva Conventions, who can be held unmolested until the end of hostilities.
Instead, they are, essentially, the same prisoners without any rights whatsoever that the Bush administration first defined them as back in January 2002. Just ten of the 41 men still held are facing or have faced trials (in the military commission trial system that, in any case, is not fit for purpose), while the rest are still largely invisible, never tried, never charged, and unable to be freed except at the whim of the president. Read the rest of this entry »
I wrote the following article (as “The Persistent Abuse of Guantánamo Prisoners: Pentagon Claims It Owns Their Art and May Destroy It, But U.S. Has Long Claimed It Even Owns Their Memories of Torture“) 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.
After years of letting Guantánamo prisoners keep the artwork they have made at the prison, subject to security screening, the Pentagon has suddenly secured widespread condemnation for banning its release, and, it is alleged by one of prisoners’ attorneys, for planning to burn it.
The story was first reported on November 16 by Carol Rosenberg of the Miami Herald, and updated on November 20. Rosenberg explained how, for years, prisoners’ art had been released “after inspection by prison workers schooled in studying material for secret messages under the rubric of Operational Security.”
However, as Rosenberg explained, “Ode to the Sea: Art from Guantánamo Bay,” an exhibition in the President’s Gallery of New York’s John Jay College of Criminal Justice until January 16, 2018, which features “paintings and other works by current and former captives” — and “which garnered international press coverage” — “apparently caught the attention of the Department of Defense,” because of an email address provided for people “interested in purchasing art from these artists.” Read the rest of this entry »
I’m delighted to report that Al Jazeera English have just published an article I wrote for them, Guantánamo detainee: US changed force-feeding policy, which I hope you have time to read, and will share if you find it informative.
The article came out of the shocking news announced by the human rights organization Reprieve six weeks ago, when they reported that they had been told that the authorities at Guantánamo were no longer force-feeding long-term hunger strikers, as had been happening for ten years — an announcement that I wrote about at the time in an article entitled, Trump’s Disturbing New Guantánamo Policy: Allowing Hunger Strikers to Starve to Death.
Force-feeding is akin to torture, as medical experts have long established, but, as I have been mentioning since this story broke, it surely cannot be acceptable for men who have been held for up to 16 years without ever being charged or tried to be allowed to starve to death, and there should, therefore, be another response, one sought by the prisoners themselves, who are asking either to be charged or released, a not unreasonable request after so long. Read the rest of this entry »
It’s nearly a month since Guantánamo thrust its way back into the public consciousness with news from the human rights organization Reprieve that, under a new chief medical officer at Guantánamo, the rules for treating long-term hunger strikers had changed. Where, previously, those going without food were force-fed when they lost a fifth of their body weight, two hunger strikers — Ahmed Rabbani and Khalid Qassim, clients of Reprieve — indicated that, since the new appointment, on September 20, they were no longer being force-fed, and were not even being monitored.
Following further phone discussions with their clients, Reprieve suggested that what was happening was that prisoners were being left to suffer whatever damage might ensue from prolonged starving, but the medical authorities were still intending to force-feed them if it looked like they might die.
Force-feeding is a horrible process, of course, akin to torture, but although medical experts insist that mentally competent prisoners must be allowed to starve themselves to death, if they wish, that does not strike me as relevant at Guantánamo, where the men on hunger strike have never been tried or convicted of any crime, and allowing them to die would actually endorse the very reason they are hunger striking in the first place — because they are being held without charge or trial, with no end in sight to their preposterously long ordeal, and they have no other way of protesting about the injustice of their predicament. Read the rest of this entry »
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.
It’s two weeks since the international human rights organization Reprieve let the world know that, under Donald Trump, the military at Guantánamo has come up with a disturbing new way of dealing with hunger strikers — allowing them to die. Previously, long-term hunger strikers who lost one-fifth of their body weight but refused to stop hunger striking were force-fed — a barbaric process that experts view as tantamount to torture, and a view that I endorse. However, although experts also state that competent hunger strikers must be allowed to die if they wish, that has always struck me as an unacceptable option for prisoners who have never been convicted of a crime. The third option, which should be implemented, is for the US government to do what the hunger strikers want — which is to be charged or released.
I broke the news of this disturbing policy change on my website on October 7, and followed up with an analysis of the New York Times’ coverage four days after. Since then there have been op-eds by the two prisoners represented by Reprieve, Ahmed Rabbani (in Newsweek) and Khalid Qassim (in the Guardian), and to accompany the coverage — finally shining a light back on Guantánamo after, for the most part, silence on the topic since Donald Trump took office — Reprieve launched a petition to Donald Trump, asking for him to allow independent medical experts to assess the health of the hunger strikers, and to close Guantánamo for good, which currently has nearly 22,000 signatures, and also encouraged supporters to fast in solidarity with the hunger strikers.
Reprieve’s founder, Clive Stafford Smith, led the way with the fasting (for five days straight), and was soon joined by others. Over a thousand days have been pledged so far, with some well-known people joining in, like music legend Roger Waters, formerly of Pink Floyd, who wrote on Facebook: Read the rest of this entry »
Last Friday, the US authorities secured a rare success at Guantánamo, when a panel of US military officers gave a 13-year sentence to Ahmed al-Darbi, a Saudi prisoner, for what the New York Times described as “his admitted role in a 2002 attack by Al Qaeda on a French oil tanker off the Yemeni coast.”
Al-Darbi had pleaded guilty in his military commission trial in February 2014, but his sentencing had not taken place until now because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook this summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.
Under the terms of the plea deal, as Charlie Savage described it in the New York Times, “the commission could have imposed a sentence of 13 to 15 years.” However, the prosecutors joined with al-Darbi’s defense team to ask for “the minimum available term in light of his extensive assistance to the government.” As Savage put it, al-Darbi “has renounced Islamist ideology and lived apart from the general detainee population for years.” Read the rest of this entry »
It’s now nine days since the international human rights organization Reprieve issued a shocking press release, explaining that two clients at Guantánamo, the Pakistani Ahmed Rabbani, and Khalid Qassim (aka Qasim), a Yemeni, both hunger striking to protest about the injustice of their seemingly endless imprisonment without charge or trial, had told them that, since September 20, following new instructions from Donald Trump, “a new Senior Medical Officer (SMO) stopped tube-feeding the strikers, and ended the standard practice of closely monitoring their declining health.”
I immediately wrote an article about the news, and was, frankly, astonished that it took another four days for the mainstream media to respond — and when that happened, it was just the New York Times paying attention, and, to my mind, giving too much credibility to the authorities, via a spokesman who claimed that the military’s “11-year-old military policy permitting the involuntary feeding of hunger-striking detainees remained in effect.” Given the lies we have heard from the military at Guantánamo over the years, I asked, in an analysis of the New York Times article, why we should trust them.
Expanding on the story further, Reprieve, on Thursday, secured coverage in Newsweek — a description of the current situation, made in a phone call to Clive Stafford Smith, the founder of Reprieve, by Ahmed Rabbani, who has been at Guantánamo, without charge or trial, for just over 12 years, and who, before that, was held and tortured for 545 days in CIA “black sites” including the disgusting “black site” in Afghanistan, codenamed COBALT, which was known to the prisoners as the “dark prison.” Read the rest of this entry »
So today, five days after the lawyer-led human rights organization Reprieve issued a press release, about how two of their clients had told them that, since September 20, prisoners on a long-term hunger strike were no longer being force-fed, and four days after I reported it (exclusively, as it turned out), the New York Times emerged as the first — and so far only — mainstream media outlet to cover the story, although even so its headline was easy to ignore: “Military Is Waiting Longer Before Force-Feeding Hunger Strikers, Detainees Say.”
As Charlie Savage described it, military officials at Guantánamo “recently hardened their approach to hunger-striking prisoners,” according to accounts given by prisoners to their lawyers, “and are allowing protesters to physically deteriorate beyond a point that previously prompted medical intervention to force-feed them.”
“For years,” Savage continued, “the military has forcibly fed chronic protesters when their weight dropped too much. Detainees who refuse to drink a nutritional supplement have been strapped into a restraint chair and had the supplement poured through their noses and into their stomachs via nasogastric tubes.” Read the rest of this entry »
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, singer/songwriter (The Four Fathers).
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