“A Big Black Stain That Provides No Benefit Whatsoever”: Lawyers Urge Joe Biden to Close Guantánamo

An unidentified prisoner in the recreation yard of Camp 6 at Guantánamo Bay, probably photographed in 2015 (Photo: AFP).

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One month since the Presidential Election, and with less than seven weeks until Joe Biden is inaugurated as the 46th President of the United States, it’s reassuring that the need for the prison at Guantánamo Bay to be closed is being discussed in the US media. 40 men are still held at Guantánamo — five approved for release by high-level government review process under President Obama; nine facing or having faced trials in the military commissions; and 26 others officially held indefinitely without charge or trial.

For the Associated Press — in a story entitled, “Biden’s win means some Guantánamo prisoners may be released,” which was widely picked up on and reported across the US and around the world — longtime Guantánamo watcher Ben Fox began by speaking to attorney Shelby Sullivan-Bennis, who was at  Guantánamo for her client Saifullah Paracha’s latest Periodic Review Board hearing.

Guantánamo’s oldest prisoner, Paracha, 73, whose case I have covered extensively, has diabetes and a heart condition, and is one of the 26 “forever prisoners,” held on an ongoing basis without charge or trial because the US authorities allege that they pose some kind of “threat” to national security. However, as Ben Fox explained, he “went to his latest review board hearing with a degree of hope, something that has been scarce during his 16 years locked up without charges at the US base in Cuba,” because, as he added, he “had two things going for him that he didn’t have at previous hearings: a favorable legal development and the election of Joe Biden.”

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Judge Upholds Ruling Ordering Independent Medical Review for Tortured Guantánamo Prisoner Mohammed Al-Qahtani

A composite image of Guantánamo prisoner and torture victim Mohammed al-Qahtani and District Judge Ellen Huvelle.

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Back in March, as I explained in an article at the time, District Judge Rosemary Collyer made history when she ordered the US government to allow independent medical and psychiatric experts from outside the US to assess a prisoner at Guantánamo.

The prisoner in question is Saudi national Mohammed al-Qahtani, who had pre-existing serious mental health issues that the US authorities failed to disclose when, at Guantánamo, they came to regard him as the intended 20th hijacker for the 9/11 attacks, and subjected him to a torture program involving months of sleep deprivation and sexual humiliation.

Judge Collyer’s ruling involved her, as Carol Rosenberg explained for the New York Times, stating that “she was granting a request” by al-Qahtani’s lawyers “to compel the United States to apply an Army regulation designed to protect prisoners of war and to create ‘a mixed medical commission’ made up of a medical officer from the US Army and two doctors from a neutral country chosen by the International Committee of the Red Cross and approved by the United States and Saudi Arabia.”

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Obama Plans to Move 24 Guantánamo Prisoners to US Mainland, Send A Dozen for Trials in Other Countries

Campaigners in Florida call for the closure of Guantanamo outside the gates of US Southern Command, January 9, 2016 (Photo: Andy Worthington).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.

As the Countdown to Close Guantánamo continues, with over 150 people now having submitted photos of themselves holding posters telling President Obama how many days he has left to close the prison at Guantánamo Bay (see the photos here and here), Ben Fox of the Associated Press has provided an informative update about how the Obama administration plans to close the prison before President Obama leaves office.

With just 91 men left at Guantánamo, we have been calling for the 34 men currently approved for release to be released as soon as possible, for arrangements to be made for the men facing (or having faced) trials (just ten of those still held) to be moved to the US mainland, and for reviews to take place as swiftly as possible for the 47 other men, who are all eligible for Periodic Review Boards.

A high-level, inter-agency review process, the PRBs were set up in 2013 to ascertain whether to release or continue holding 46 men previously regarded as “too dangerous to release” (despite a lack of evidence against them) and 25 others recommended for prosecution in military commissions until the courts struck down the charges in most of the trials because they had been invented by Congress. Read the rest of this entry »

Ahmed Zuhair, Long-Term Former Hunger Striker at Guantánamo, Speaks

Last week I published an article, “Meet the Guantánamo Prisoner Who Wants to be Prosecuted Rather than Rot in Legal Limbo,” about Sufyian Barhoumi, an Algerian prisoner, following up on an article written by Jess Bravin for the Wall Street Journal and published in July. As I explained at the time, “Throughout the spring and summer, while the prison-wide hunger strike at Guantánamo raged, taking up most of my attention … I missed some other developments, which I intend to revisit over the next few weeks.”

Following up on that promise, this article revisits an Associated Press article by Ben Fox, published in June, which featured an interview with Ahmed Zuhair, a Saudi citizen and former sheep merchant released from Guantánamo in June 2009, whose story I covered in detail three months before his release, in an article entitled, “Guantánamo’s Long-Term Hunger Striker Should Be Sent Home.” This recent article was based on a phone call with Zuhair, who is now 47 years old, for which Fox was accompanied by Ramzi Kassem, a law professor at the City University of New York (CUNY), who represents other men still held, including Shaker Aamer, the last British resident, and Abdelhadi Faraj, a Syrian prisoner.

At the time of his release, Zuhair was one of three hunger strikers who had been on a hunger strike since the summer of 2005, when as many as 200 prisoners engaged in prison-wide hunger strike, and had not given up when the first restraint chairs arrived at the prison in January 2006. Fox noted that he now weighs 190 pounds, but that, in December 2005, he weighed just 108 pounds, and, prior to his release, just 115 pounds. Read the rest of this entry »

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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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