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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 depressing but sadly predictable news regarding the prison at Guantánamo Bay and its fundamentally broken military commission trial system, the US defense secretary, Lloyd Austin, has stepped in to torpedo plea deal agreements with three of the men allegedly involved in planning and executing the terrorist attacks on September 11, 2001, which were announced just 48 hours before in a press release by his own department, the Department of Defense.

The three men in question are Khalid Shaikh Mohammad (KSM), the alleged mastermind of the attacks, Walid Bin Attash and Mustafa al-Hawsawi, and, although the full details of the plea deals were not made publicly available, prosecutors who spoke about them after the DoD’s press release was issued confirmed that the three men had “agreed to plead guilty to conspiracy and murder charges in exchange for a life sentence rather than a death-penalty trial.”

The plea deals, approved by the Convening Authority for the military commissions, Army Brig. Gen. Susan Escallier, who was previously the Chief Judge in the US Army Court of Criminal Appeals, would finally have brought to an end the embarrassing and seemingly interminable efforts to prosecute the three men, which began sixteen and a half years ago, and have provided nothing but humiliation for four successive US administrations — those led by George W. Bush, Barack Obama, Donald Trump and Joe Biden.

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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.

Three weeks ago, a grave injustice took place at Guantánamo, when Abd al-Hadi al-Iraqi, a 62- or 63-year old Iraqi citizen whose real name is Nashwan al-Tamir, and who is Guantánamo’s most profoundly disabled prisoner, was given the maximum sentence possible by a military jury at his sentencing for war crimes in the prison’s military court. The jury gave him a 30-year sentence, although, under a plea deal agreed in June 2022, that was reduced to ten years, meaning that he will not, apparently, be freed from the prison until June 2032.

The reason this is a problem is that al-Iraqi suffers from a chronic degenerative spinal disease, which has not been been dealt with adequately despite the seven surgical interventions he has received in the medical facilities at Guantánamo. Shamefully, prisoners are forbidden, through US law, from being transferred to to the US mainland to receive specialist medical treatment even though grave physical problems like al-Iraqi’s cannot be properly addressed in Guantánamo’s limited medical facilities. All of these problems were highlighted in a devastating 18-page opinion about al-Iraqi’s treatment, which was issued by number of UN Special Mandates on January 11, 2023, the 21st anniversary of the prison’s opening, and which I wrote about here.

The sentence seems particularly punitive because there is no guarantee that al-Iraqi will even survive until 2032, and it is certainly possible, if not probable that, if he does survive, he will by then be completely paralyzed. Two years ago, when the plea deal was announced (which I wrote about here), sentencing was delayed for two years to allow the US government “to find a sympathetic nation to receive him and provide him with lifelong medical care,” and also to hold him while he serves out the rest of his sentence, as Carol Rosenberg explained at the time for the New York Times, given that he cannot be repatriated because of the security situation in Iraq.

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This is the fifth in a new series of ten articles, alternately posted here and on the Close Guantánamo website, telling the stories of the 16 men still held at Guantánamo (out of 30 men in total), who have long been approved for release from the prison by high-level US government review processes, but have no idea of when, if ever, they will actually be freed. The first four articles are here, here, here and here.

Shamefully, these men are still held because the reviews were purely administrative, meaning that no legal mechanism exists to compel the US government to free them, if, as is apparent, senior officials are unwilling to prioritize their release.

To be fair, most of these men cannot be repatriated, because of US laws preventing the return of men from Guantánamo to countries including Yemen, where most of the men are from, but if senior officials — especially President Biden and Antony Blinken — cared enough, these men would already have been freed, and the suspicion, sadly, must be that they are failing to do anything because the they don’t want to upset the handful of Republican lawmakers who are fanatical in their support for Guantánamo’s continued existence, while they seek the GOP’s cooperation in funding military support for Israel and Ukraine.

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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.

Last month, two men that almost no one has heard of — despite them being held and tortured in CIA “black sites” for three years, and then held at Guantánamo for over 17 years — entered guilty pleas in their military commission trial at the war court on the grounds of the US military base in Cuba where the prison is located.

The two men are Mohammed Nazir Bin Lep, 47, and Mohammed Farik Bin Amin, 48, the only two Malaysians held at Guantánamo. Designated as “high-value detainees,” they were brought to Guantánamo in September 2006 with 12 other “high-value detainees,” who had also been held and tortured for years in CIA “black sites.”

However, like most of these 14 men, their stories are largely unknown to the majority of US citizens, and to the majority of those in the US who claim to be journalists, even though, if we were to attach a Bush administration-approved description to them, it would be that they were, allegedly, “the worst of the worst of the worst.”

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In the first of a new series of profiles of men held at Guantánamo — specifically, the 16 men (out of the 30 still held) who have long been approved for release by high-level US government review processes — I’m focusing on Uthman Abd Al-Rahim Muhammad Uthman, a 43-year old Yemeni citizen, who, today, has been held for 1,000 days since the US authorities first decided that they no longer wanted to hold him.

Uthman arrived at Guantánamo on January 16, 2002, five days after the prison opened, when he was just 21 years old, and, as a result, he has been held for over half his life at Guantánamo. The photo is from his classified military file, released by WikiLeaks in April 2011, and dating from April 2008, meaning that he would have been 27 years old, or younger, when it was taken.

Since his arrival at Guantánamo — 8,058 days ago (that’s 22 years and 22 days) — Uthman has been held without charge or trial, and with no sign of when, if ever, he will eventually be freed, even though the high-level government review process that approved him for release concluded unanimously, on May 13, 2021, that “continued law of war detention is no longer necessary to protect against a continuing significant threat to the security of the United States.”

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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 extraordinary 50-page ruling in Guantánamo’s military commissions, Col. Lanny J. Acosta Jr., the judge in the case of Abd al-Rahim al-Nashiri, a Saudi national of Yemeni descent, who is accused of masterminding the terrorist attack on the USS Cole in 2000, in which 17 US sailors died, has refused to allow prosecutors to use self-incriminating statements that al-Nashiri made to a so-called “clean team” of three agents from the FBI, the NCIS and the Air Force Office of Special Investigations on January 31 and February 1 and 2, 2007, five months after he was brought to Guantánamo, having spent nearly four years in CIA “black sites,” where he was subjected to horrendous torture.

At the heart of Col. Acosta’s measured and devastating opinion is an appalled recognition that the extent of al-Nashiri’s torture, and its location with a system designed to break him and to make him entirely dependent on the whims of his interrogators to prevent further torture, made it impossible for him to have delivered any kind of uncoerced self-incriminating statement to the “clean team” who interviewed him in 2007.

To establish this compelling conclusion, Col. Acosta painstakingly pieces together a narrative of al-Nashiri’s torture that tells this brutal story in more agonizing and forensic detail than any previous account has done, drawing largely on the accounts of al-Nashiri’s torture in the revelatory 500-page unclassified summary of the Senate Intelligence Committee’s report about the CIA torture program — technically, the Rendition, Detention, and Interrogation (RDI) program — which was released in December 2014, on the testimony of numerous experts called by the defense team in hearings between July 2022 and June 2023, and on the testimony of James Mitchell and Bruce Jessen, two staff psychologists from the US Air Force SERE school, who were recruited to direct the torture program on the ground.

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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. 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.

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.

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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.”

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Congratulations to Majid Khan, the former Guantánamo prisoner who is beginning a new life in the central American coastal country of Belize, formerly known as British Honduras when, for over a century, it was under British rule.

Now 42 years old, Khan spent almost half his life in US custody, and was, for most of that time, one of the most profoundly isolated prisoners in the whole of the “war on terror.” He is the first of 16 “high-value detainees” held at Guantánamo to be released, the sixth prisoner released under President Biden, and the first of these six to be resettled in a third country.

Seized in Karachi in March 2003, Majid Khan disappeared into the CIA’s global network of “black sites” for three and a half years — when his family had no idea of his whereabouts — until President Bush announced in September 2006 that he was one of 14 ”high-value detainees” transferred from the CIA’s secret torture prisons to Guantánamo.

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It took 19 years and three months, but finally Saifullah Paracha, 75, Guantánamo’s oldest prisoner, has been freed from the prison and repatriated to Pakistan, where he has been reunited with his family. The photo at the top of this article was taken as he celebrated his freedom in Karachi, with a cup of tea in a branch of McDonald’s. It was posted on Twitter on October 29 by one of his lawyers, Clive Stafford Smith, the founder of Reprieve, who called it a “belatedly happy day,” noting that “he should never have been kidnapped & locked up 18 [actually 19] yrs ago.”

In a follow-up tweet on October 30, Stafford Smith added that he had “just had the nicest morning chat” with Saifullah, also explaining that, until the very end, the hysterical over-reaction that has typified the US’s treatment of the 779 men it largely rounded up indiscriminately, sent to Guantánamo, and then fabricated reasons for holding them indefinitely without charge or trial, was still in place. “It took 40 US personnel to take one 75 yo home from Guantánamo Bay”, Stafford Smith wrote.

The over-reaction was grotesque on two fronts: firstly, because Saifullah was regarded as a model prisoner at Guantánamo, who, as the US authorities explained in 2016, “has been very compliant with the detention staff and espouses moderate views and acceptance of Western norms,” and “has focused on improving cell block conditions and helping some detainees improve their English-language and business skills”; and, secondly, because a robust government review process — the Periodic Review Boards, involving “one senior official from the Departments of Defense, Homeland Security, Justice, and State; the Joint Staff, and the Office of the Director of National Intelligence” — had unanimously concluded, in May 2021, that “continued law of war detention [was] no longer necessary to protect against a continuing significant threat to the security of the United States.”

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