Retired Admirals Urge Biden to Release Everyone at Guantánamo Not Charged With a Crime — 28 of the 40 Men Still Held

Retired Rear Admirals Donald J. Guter and John Hutson, who recently wrote an op-ed for the Nation calling on President Biden to release all the men at Guantánamo who have not been charged with a crime — 28 men out of the 40 still held.

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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.

Since Joe Biden became president five months ago, there have been numerous high-profile calls for him to fulfill a promise that President Obama failed to fulfill (when Biden was vice president) and that Donald Trump had no interest in whatsoever; namely, closing the “war on terror” prison at Guantánamo Bay.

A week after President Biden’s inauguration, 111 organizations, including Close Guantánamo, sent a letter to the new president urging him to close the prison, around the same time that seven former prisoners — all authors —  wrote an open letter to Biden, urging the prison’s closure, which was published in the New York Review of Books. Other calls for the prison have come from Bill Clinton advisor Anthony Lake and our co-founder, the attorney Tom Wilner, from Lee Wolosky, former Special Envoy for Guantánamo Closure under Barack Obama, and from former CIA analyst Gail Helt.

The most seismic shift, politically, came in April when 24 Senators wrote a letter to the president, not only urging him to close the prison, but also providing details of how that can be achieved — through the appointment of a senior White House official to oversee the closure process, and also though the re-establishment of the Office of the Special Envoy for Guantánamo Closure at the State Department, established by Obama but shut down under Trump, which was responsible for “identifying transfer countries and negotiating transfer agreements.”

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Fighting Guantánamo in the Courts Under President Biden

Three of the Guantánamo prisoners who are currently seeking their release from the prison through the US courts. From L to R: Khalid Qassim and Abdulsalam al-Hela, both Yemenis, and Asadullah Haroon Gul, an Afghan.

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I wrote the following article (as “The Ongoing Legal Struggles to Secure Justice for the Guantánamo Prisoners Under President Biden”) 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 the nineteen unforgivably long years since the “war on terror” prison at Guantánamo Bay was first established, lawyers have worked tirelessly to challenge and overturn the Bush administration’s outrageous contention that everyone who ended up at Guantánamo was an “enemy combatant” with no rights whatsoever, who could be held indefinitely without charge or trial.

There have been victories along the way, but the sad truth is that Guantánamo’s fundamental lawlessness remains intact to this day. Since 2010, only one prisoner has been freed because of the actions of lawyers and the US courts (a Sudanese man whose mental health issues persuaded the Justice Department, in this one instance only, not to challenge his habeas corpus petition), and, as the four years of Donald Trump’s presidency showed, if the president doesn’t want anyone released from Guantánamo, no legal avenue exists to compel him to do otherwise.

The lawyers’ great legal victories for the Guantánamo prisoners came in the Supreme Court in what now seems to be the distant, long-lost past. In June 2004, in Rasul v. Bush, the Supreme Court ruled that the prisoners had habeas corpus rights; in other words, the right to have the evidence against them objectively assessed by a judge. That ruling allowed lawyers into the prison to begin to represent the men held, breaking the veil of secrecy that had allowed abusive conditions to thrive, but Congress then intervened to block the habeas legislation, and it was not until June 2008 that the Supreme Court, revisiting Guantánamo, ruled in Boumediene v. Bush that Congress had acted unconstitutionally, and affirmed that the prisoners had constitutionally guaranteed habeas rights.

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Afghan Government Calls for Release of Guantánamo “Forever Prisoner” Asadullah Haroon Gul

Asadullah Haroon Gul, one of the last two Afghans at Guantánamo, as featured in a photo taken at the prison by representatives of the International Committee of the Red Cross, and made available to his family.

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As we await further information from the Biden administration about its planned review of Guantánamo, it’s reassuring to see that the Afghan government has submitted an amicus brief in a US court as part of efforts to secure the release and repatriation of Asadullah Haroon Gul, one of the last two Afghans in Guantánamo, after 14 years of imprisonment at Guantánamo without charge or trial, in which, for the first nine years, he didn’t even have representation by a lawyer.

I have followed Gul’s story since he arrived at Guantánamo from Afghanistan in June 2007, as one of the last prisoners to be sent to the prison. He had allegedly been involved with Hezb-e-Islami Gulbuddin (HIA, also identified as HIG), a group led by the Afghan warlord Gulbuddin Hekmatyar, who had briefly been aligned with al-Qaeda after the US-led invasion in October 2001, but the US authorities had never regarded him as significant, because he is the only Guantánamo prisoner not to have been assigned a Guantánamo Internment Serial Number (ISN). Instead, his prisoner serial number (3148) is from Bagram. This is significant because a Guantánamo number is required to be eligible for an administrative review at Guantánamo (a Combatant Status Review Tribunal), which is required if a prisoner is to be charged.

Even more significant is the fact that, even if Gul was involved with HIA, Hekmatyar no longer has any connection to al-Qaeda, and HIA “ceased all hostilities with the United States” in 2016, following a peace agreement in 2016 between HIA and the Afghan government, as the Afghan Ministry of Foreign Affairs explains in the brief, adding that “[d]etainees who are not a member of Al Qaida or the Taliban must be released if their organization is no longer engaged in hostilities with the United States.” In August, Hekmatyar’s return to Afghan political life was confirmed when he was appointed to the Afghan government’s High Council for National Reconciliation.

As the Ministry also points out, “Members of the United States Government have recognized this end to hostilities by negotiating with members of HIA. Thus, Haroon, a member of HIA, should be released.”

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President Elect Biden, It’s Time to Close Guantánamo

Eight of the 40 remaining Guantánamo prisoners, who, along with other men still held, should be released by Joe Biden as soon as possible after he becomes president in January 2021. Top row, from L to R: Abdul Latif Nasser, Sufyian Barhoumi and Tawfiq al-Bihani, all approved for release by high-level government review processes under President Obama, and Saifullah Paracha, Guantánamo’s oldest prisoner. Bottom row, from L to R: Khaled Qassim, Asadullah Haroon Gul, Ahmed Rabbani and Omar al-Rammah. Paracha and the four others in the bottom row haven’t been approved for release, but they should be, as none of them pose a threat to the US.

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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.

Congratulations to President Elect Joe Biden and Vice President Elect Kamala Harris for persuading enough people to vote Democrat to end the dangerous presidency of Donald Trump.

Trump was a nightmare on so many fronts, and had been particularly dangerous on race, with his vile Muslim travel ban at the start of his presidency, nearly four long years ago, his prisons for children on the Mexican border, and, this last year, in his efforts to inflame a race war, after the murder of George Floyd by a policeman sparked huge protests across the country.

At Guantánamo, Trump’s racism manifested itself via indifference to the fate of the 40 Muslim men, mostly imprisoned without charge or trial and held for up to 15 years when he took office. To him they were terrorists, and he had no interest in knowing that very few of the men held at Guantánamo have ever been accused of involvement with terrorism, and that, of the 40 men still held, only nine of them have been charged with crimes, and five of them were unanimously approved for release by high-level government review processes under President Obama.

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Asadullah Haroon Gul: The Hunger Striking Afghan Forgotten at Guantánamo

Sehar Bibi, the mother of Guantánamo prisoner Asadullah Haroon Gul, at the refugee camp in Peshawar where she lives with her son’s wife and daughter, and other family members. Gul has been held at Guantánamo without charge or trial since 2007. (Photo: AFP/Abdul Majeed).

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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.

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“I Can’t Breathe”: Afghan Prisoner Asadullah Haroon Gul on Black Lives Matter and Violent Oppression in Guantánamo

Asadullah Haroon Gul, as featured in a photo taken in Guantánamo by representatives of the International Committee of the Red Cross, and made available to his family.

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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.

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Radio: I Discuss the Coronavirus Changing the World Irrevocably, Plus Guantánamo and WikiLeaks, with Chris Cook on Gorilla Radio

Andy Worthington calling for the closure of Guantánamo outside the White House on January 11, 2020, the 18th anniversary of the prison’s opening (Photo: Witness Against Torture).

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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.

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Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed

A photo of Guantánamo prisoner Asadullah Haroon Gul, taken by representatives of the International Committee of the Red Cross at Guantánamo, and made available by his family.

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).

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A Coronavirus Lament by Guantánamo Prisoner Asadullah Haroon Gul

Guantánamo prisoner Asadullah Haroon Gul, known to the US authorities as Haroon al-Afghani, who has been held at the prison without charge or trial since 2007.

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.

Last week, on my own website, I published an article looking at the threat posed to the prisoners at Guantánamo by the coronavirus, following up on the alarming news that a US sailor had been diagnosed with the virus, and was in isolation. My article also included a cross-post of a related article written for Just Security by Scott Roehm, the Washington Director of the Center for Victims of Torture.

Roehm pointed out that a number of the prisoners have serious underlying health problems, including Guantánamo’s oldest prisoner, Saifullah Paracha, and Sharqawi Al-Hajj, who tried to commit suicide last year, both of whom we have written about (see here and here).

Roehm also called for a number of appropriate responses from the Trump administration, beginning with letting the prisoners and their lawyers know what policies are in place to deal with the virus, and also including a call for Congress to allow prisoners to be transferred to the US mainland if they need urgent medical care.

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Andy Worthington

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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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