Seven years ago, late in the evening on June 9, 2006, three prisoners — Ali al-Salami, a Yemeni, and Mani al-Utaybi and Yasser al-Zahrani, both Saudis — died at Guantánamo, in what was described by the authorities as a triple suicide, although that explanation seemed to be extremely dubious at the time, and has not become more convincing with the passage of time.

At the time, the prison’s commander, Rear Adm. Harry B. Harris Jr., attracted widespread criticism by declaring that the deaths were an act of war. Speaking of the prisoners, he said, “They are smart, they are creative, they are committed. They have no regard for life, neither ours nor their own. I believe this was not an act of desperation, but an act of asymmetrical warfare waged against us.”

I described the deaths in my book The Guantánamo Files, published in 2007, after a fourth death at the prison, of Abdul adman al-Amri, a Saudi, on May 30, 2007 (see here and here), and I wrote my first commemoration of the men’s deaths on the second anniversary of their supposed suicide, followed, in August 2008, with a skeptical analysis of the report of the deaths by the Naval Criminal Investigative Service (NCIS), which took over two years to be made available.

The next year, 2009, the anniversary was overshadowed by the death of a fifth prisoner, Muhammad Salih, another Yemeni.

I call this the season of death because all five men died in a two-week period at the end of May and the start of June, and to this day none of the deaths have been adequately explained. It is also, I believe, significant that all five men had been long-term hunger strikers. Read the rest of this entry »

Late on Sunday evening, I publicized a conference call taking place on Monday to discuss an appeal in a court case brought by the families of two of the three men who died at Guantánamo on June 9, 2006 under mysterious circumstances. The supposed triple suicide of the three men — Yasser Talal al-Zahrani, Salah Ahmed al-Salami and Mani Shaman al-Utaybi — was questioned when it took place five years ago by former prisoners who knew the men, as I reported in an article last year, Murders at Guantánamo: The Cover-Up Continues, and the official story was challenged in the most spectacular manner last January, when law professor and Harper’s columnist Scott Horton drew on the testimony of four soldiers who were manning the watch towers on the night in question. Their accounts indicate that the men could not have committed suicide, as alleged, and that there must be some other explanation — possibly that they were killed either by accident or design during torture sessions at a remote facility, identified as “Camp No,” located outside the main perimeter fence of the Guantánamo prison.

Despite the gravity of these allegations, there has been no independent investigation into the soldiers’ claims, as aired in Harper’s Magazine, and the families’ attempts to have their questions about the deaths answered in a US court have also been thwarted. Although the families of Yasser al-Zahrani and Salah al-Salami launched a case in January 2009, and later resubmitted it with new material from the Harper’s story, a judge in the District Court in Washington D.C. — Judge Ellen Huvelle — declared last September that she was unable to proceed with the case, because existing legislation (the Military Commissions Act) prevented a court from “‘hear[ing] or consider[ing] any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement’ of an alien detained and determined to be an enemy combatant,” and also because the courts have accepted the government’s arguments that judges must not intrude on national security issues. Read the rest of this entry »