A Mockery of Justice: Torture Victim to Face Trial at Guantánamo After 25 Years
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In the long, dark farce of Guantánamo’s military commissions, the recently announced and almost entirely ignored decision by the Pentagon to turn down a plea deal for Abd Al-Rahim Al-Nashiri, a prominent CIA torture victim and the alleged architect of the Al-Qaeda attack on the USS Cole in October 2000, and to proceed, instead, with an unwinnable trial, is just the latest manifestation of a refusal by successive US administrations to reckon with the corrosive effects of the use of torture.
With this decision, the Trump administration has now embraced a sickening and enduring bi-partisan consensus that, when it comes to those accused of the gravest crimes at Guantánamo — including the terrorist attacks on September 11, 2001 — it is preferable to cling to an unworkable belief in vengeance, through a fantastical belief in successful prosecutions that involve the death penalty, than to admit that the use of torture on the defendants has thoroughly undermined that possibility.
The reality, which every administration has denied — from Bush to Obama, and from Biden to Trump — is that torture, undertaken over many years in the CIA’s global network of “black site” torture prisons, is so fundamentally incompatible with justice that the only viable way forward is to agree to plea deals that take the death penalty off the table in exchange for lifelong imprisonment at Guantánamo and full and frank confessions that bring some measure of “closure.”
UK Government Makes “Substantial” Payment to Guantánamo Prisoner Abu Zubaydah for Complicity in His Torture in CIA “Black Sites”
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In what amounts to an extraordinary admission of guilt regarding their historic complicity in the US’s post-9/11 torture program, it was announced on January 11, the 24th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, that the British government has reached a “substantial” out-of-court settlement with Abu Zubaydah.
Abu Zubaydah, whose real name is Zain al-Abidin Muhammad Husayn, was the first and most notorious victim of torture in the CIA’s post-9/11 program of extraordinary rendition and torture, which involved the establishment of secret torture facilities in pliant countries around the world — Thailand, Poland, Romania, Lithuania and Morocco — as well as in US facilities in Afghanistan.
He was held and tortured in all of these CIA “black sites” for three years and five months from April 2002 until his transfer, in September 2006, to Guantánamo, where he has been held ever since without charge or trial.
Radio: Dick Cheney – Gone But Not Forgiven
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It’s over two weeks since Dick Cheney, the former US Vice President, died at the age of 84, and, after a brief flurry of mainstream media activity, in which the immensity of his war crimes and crimes against humanity (for which he was never indicted) was largely whitewashed through mentions of how, although he was a “divisive” figure, he was also a towering presence in US politics, the media moved on, only waking up again yesterday when his funeral service was held in Washington, D.C., at which former presidents and vice presidents, lawmakers and Supreme Court Justices all ignored the horrors of his legacy.
Former Presidents George W. Bush and Joe Biden attended, as did former Vice Presidents Kamala Harris, Al Gore, Dan Quayle and Mike Pence. Also present were the Republican Senators Lindsey Graham and Mitch McConnell, Democratic Senator Nancy Pelosi. former House Speaker John Boehner, former national security advisor John Bolton, and Supreme Court Justices John Roberts, Clarence Thomas, Brett Kavanaugh and Elena Kagan.
Biden’s attendance struck me as particularly grimly appropriate, because his “ironclad” support for Israel’s genocide in Gaza, in which he referred to the attacks of October 7, 2023 as Israel’s 9/11, has always struck me as nothing less than a transfer of Cheney’s lawless and violent post-9/11 policies of vengeance from the US itself to Israel, a parallel made all the more alarming because, of course, Israel is a foreign country, even though Biden’s actions did more than any previous president to foster the illusion that, actually, the US is nothing more than a colony of Israel.
Notable absences were Barack Obama, who had, nevertheless, posted condolences on November 5, in which he stated that, “Although Dick Cheney and I represented very different political traditions, I respected his lifelong devotion to public service and his deep love of country”, and both Donald Trump and JD Vance, who had not been invited. Trump has, noticeably, made no public comments whatsoever about Cheney’s death, although Vance expressed his condolences at a Breitbart News event on Thursday, in which he also made reference to “some political disagreements” between Trump and Cheney.
That was something of an understatement, as Cheney had condemned Trump’s 2020 vote-rigging claims and his subsequent support for the attack on the Capitol on January 6, 2021, and had endorsed Kamala Harris over Trump in last year’s Presidential Election, when he said that “there has never been an individual who is a greater threat to our republic than Donald Trump.” In response, in a rare moment of clarity, Trump shot back that Cheney was the “King of Endless, Nonsensical Wars, wasting Lives and Trillions of Dollars.”
In some ways, of course, Cheney was undoubtedly correct about the threat posed by Trump, as Trump’s concept of the presidency seems mainly to be that he perceives the role as granting him the power to act like an erratic and completely unaccountable emperor, although, as the primary architect of the post-9/11 “war on terror”, the unapologetic driver of the CIA’s repulsive “black site” torture program, and the chief instigator of the illegal invasion of Iraq in 2003, which led directly to the deaths of hundreds of thousands of civilians, Cheney himself posed an extraordinary threat to the US republic, which he never acknowledged, and which has been noticeably absent from mainstream media coverage since his death.
As well as tearing up all domestic and international laws and treaties regarding the pursuit of war and the treatment of prisoners, Cheney maintained a lifelong obsession with unfettered executive power, which, for the republic, was his most devastating legacy, as it so fundamentally weakened the checks and balances built into the Constitution, and, ironically, paved the way for Donald Trump to so breezily assume that there ought to be no constraints on his own power.
I’m pleased to have marked Cheney’s passing with critical commentary about the multitude of crimes for which he was never held accountable — in my article on my website here about how his death coincided with the latest monthly global vigils for Guantánamo’s closure, as well as 8,700 days of the prison’s existence, as well as in a follow-up article on the Close Guantánamo website, No Tears for Dick Cheney on Guantánamo’s 8,700th Day of Existence.
“More Horrific Than Abu Ghraib and Guantánamo”: The Unsalvageable Depravity of Israel’s Prisons for Palestinians
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On June 19, 2024, Khaled Mahajneh, a Palestinian citizen of Israel, became the first lawyer to visit a notorious detention facility for Palestinians from the Gaza Strip, located inside the Sde Teiman military base in the Negev Desert, one of several detention facilities established after October 7, 2023 to hold Palestinians seized in Gaza.
Speaking to +972 Magazine a week after his visit, Mahanjeh drew a pertinent comparison with the treatment of Muslim prisoners in the US’s post-9/11 “war on terror”, but concluded that Israel’s behavior was even worse.
“The situation there is more horrific than anything we’ve heard about Abu Ghraib and Guantánamo”, he said, adding, “I have been visiting political and security detainees and prisoners in Israeli jails for years, including since October 7. I know that the conditions of detention have become much harsher, and that the prisoners are abused on a daily basis. But Sde Teiman was unlike anything I’ve seen or heard before.”
Is Hope Still Alive on the Anniversaries of the Genocide and Torture Conventions, and the Universal Declaration of Human Rights?
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For anyone concerned with human rights and international humanitarian law, two dates in 1948 — December 9 and December 10 — are of crucial importance, as these are the dates when the recently-formed United Nations, via its General Assembly, idealistically and optimistically adopted, on December 9, the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), and, the day after, adopted and proclaimed the Universal Declaration of Human Rights (UDHR), which established, for the first time, fundamental human rights to be universally protected, and which, as the UN explains, “inspired, and paved the way for, the adoption of more than seventy human rights treaties.” Ever since, December 10 — today — has been known and celebrated as Human Rights Day, while December 9 is marked as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime.
One of those subsequent treaties is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention), which, after decades of wrangling, was finally adopted by the General Assembly on December 10, 1984, the 36th anniversary of the UDHR, expanding on Article 5 of the Declaration, which states, unequivocally, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
The Genocide Convention, and the long quest for accountability
The Genocide Convention, drawing on the work of the Polish Jewish lawyer Raphael Lemkin, who first coined the term during the Second World War, defines genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” — “killing members of the group”, “causing serious bodily or mental harm to members of the group”, “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”, “imposing measures intended to prevent births within the group”, and “forcibly transferring children of the group to another group.”
Military Judge at Guantánamo Restores 9/11 Plea Deals, Rules Lloyd Austin Had No Right to Withdraw Them Three Months Ago
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On July 31 this year, a truly historic event took place at Guantánamo — in the military commissions, the trial system established to prosecute prisoners charged with acts of terrorism.
After two and a half years of negotiations between three of the men charged in connection with the terrorist attacks of September 11, 2001, their prosecutors and their defense teams, the Convening Authority for the Commissions, retired US Army Brigadier General Susan K. Escallier (who was previously the Chief Judge in the US Army Court of Criminal Appeals), entered into three separate pretrial agreements (PTAs) with Khalid Shaykh Mohammad (KSM), the alleged architect of the 9/11 attacks, and two of his alleged accomplices, Walid bin Attash, and Mustafa Al-Hawsawi. Of the five men originally charged in connection with the 9/11 attacks, one other man, Ammar al-Baluchi, is still involved in negotiations regarding his case, while the fifth, Ramzi bin al-Shibh, was ruled “unfit to stand trial” by a DoD Sanity Board last year.
Two days after the plea deals were announced, however, they were rescinded by the defense secretary, Lloyd Austin, in a decision that, shamefully, demonstrated a commitment to undying vengeance in defiance of reality on the government’s part, coupled with fear of even greater reality-defying vengefulness from Republicans.
Ex-Guantánamo Prisoner Abdul Rahim Rabbani Dies After 20 Years of Medical Neglect by the US and Inadequate Care Since His Release
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Sad news from Pakistan, where, on Friday November 1, former Guantánamo prisoner Abdul Rahim Ghulam Rabbani (ISN 1460) died at just 57 years of age. Abdul Rahim is on the right in the photo, with former Pakistani Senator Mushtaq Ahmad Khan in the center and Abdul Rahim’s younger brother Ahmed on the left.
Rohingya Muslims from Myanmar, the brothers had lived in Saudi Arabia, where their uncle was the imam of a mosque in Medina, and held Pakistani passports, but they were seized in Karachi during a number of house raids on September 11, 2002, and were then held and tortured in CIA “black sites” for a year and a half before arriving at Guantánamo in September 2004, where they were held without charge or trial for 18 and a half years until their release in February 2023.
The US authorities liked to claim that the brothers were “Al-Qaeda facilitators”, but they clearly had no evidence, as neither man was ever charged in the prison’s court system, the military commissions, and it seemed much more probable that they were, as they attested, a chef and a taxi driver. Nevertheless, they were repeatedly recommended for ongoing imprisonment without charge or trial by various high-level government review processes until May 2021, when Abdul Rahim was recommended for release by a Periodic Review Board, with a similar recommendation for Ahmed following in October 2021.
UN Report Condemns Unparalleled Violence, Including Torture, Rape and Murder, in Israel’s Unaccountable Prisons for Palestinians
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Three weeks ago, on October 10, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel issued a hugely significant report about Israel’s “war on hospitals” in the Gaza Strip over the last year, and its treatment of Palestinians in its accountable prison system, where torture, rape and murder are all widespread.
I wrote about the “war on hospitals” in a previous article, UN Report Confirms Israel Guilty of War Crimes and “Extermination” in Attacks on Gaza’s Hospitals, when I promised to follow up with a second article about the Commission’s findings regarding Israel’s prisons, and this article is my fulfilment of that promise.
When the State of Israel was founded in 1948, around 80% of the Palestinian population — 750,000 people — were ethnically cleansed from their homes in what is known as the Nakba (“catastrophe”), fleeing or being forcibly expelled as refugees into the West Bank (then controlled by Jordan), the Gaza Strip (then controlled by Egypt), Jordan, Syria and Lebanon. None of them — or their descendants — have ever been allowed to return.
Lloyd Austin Cynically Revokes 9/11 Plea Deals, Which Correctly Concluded That the Use of Torture Is Incompatible With the Pursuit of Justice
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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.
Slow Murder at Guantánamo as Profoundly Disabled Torture Victim Is Sentenced to Another Eight Years
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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.
Who's still at Guantánamo?
