Video: I Discuss the Collapse of Guantánamo’s Military Commissions on “Unauthorized Disclosure” with Kevin Gosztola and Rania Khalek
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Many thanks to Kevin Gosztola of Shadowproof and The Dissenter for having me on his most recent “Unauthorized Disclosure” podcast with Rania Khalek to discuss the latest news regarding the prison at Guantánamo Bay.
The 40-minute podcast is entitled, “Nearly 8,000 Days of Injustice at Guantánamo Bay,” which is a helpful reminder of quite how long this wretched place has been open, and a reference to the photo campaign I’ve been running for many years now via the Close Guantánamo website (and its Gitmo Clock subsidiary, which counts in real time how long Guantánamo has been open), encouraging supporters to take photos with posters marking every 100 days of the prison’s existence.
The latest poster was for 7,900 days, on August 28, and you can see all the photos here, while the terrible milestone of 8,000 days takes place on December 6, and I hope you can take a photo with the 8,000 days poster and send it to Close Guantánamo.
“Forever Prisoner” Muhammad Rahim, the Last Afghan in Guantánamo, Eloquently Pleads For His Release
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On August 15, completely unremarked on by the mainstream media, Muhammad Rahim, the last Afghan held at Guantánamo, issued a heartfelt and eloquent plea for a panel of military and intelligence officers to approve his release from the prison, where he has been held for over 15 years without charge or trial.
Rahim, who is 57 years old, and in poor health, made his plea at a Periodic Review Board hearing, a process described by the media, when they can be bothered to pay attention to it, as a type of parole hearing — disregarding the crucial aspect that distinguishes it from parole hearings in the federal prison system, where the men given an opportunity to ask for their freedom have been convicted of a crime in federal court, and have received a prison sentence as a result.
Established under President Obama, the Periodic Review Boards were created to review the cases of men regarded as “too dangerous to release,” but against whom insufficient evidence existed to put them on trial — men accurately described as “forever prisoners.” Since November 2013, 58 men have been approved for release by PRBs, with 20 of those decisions taking place since President Biden took office (although most of those 20 men, shamefully, have not yet been freed).
Searching for Justice at Guantánamo: The New Arab Podcast About Abd Al-Rahim Al-Nashiri, Featuring One of His Lawyers, Mansoor Adayfi and Me
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Many thanks to Nadine Talaat of The New Arab for interviewing me for a new podcast, “Searching for Justice at Guantánamo: Tainted evidence and the fight for accountability,” which you can listen to here.
The particular focus of the half-hour podcast is Abd al-Rahim al-Nashiri, a “high-value detainee,” who was held and tortured for nearly four years in CIA “black sites,” before ending up at Guantánamo in September 2006, where he has been held ever since.
Charged with terrorism-related offences in 2008, which were subsequently dropped, al-Nashiri was charged again in 2012, and has been caught up in pre-trial hearings ever since.
UN Condemns Arbitrary Detention of Guantánamo Prisoner and Torture Victim Abd Al-Rahim Al-Nashiri, and Calls for His Release
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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 a truly devastating opinion, the UN Working Group on Arbitrary Detention has condemned the government of the United States for the arbitrary detention, over the last 20 and a half years, of Abd Al-Rahim Al-Nashiri, a 58-year old Saudi national who was imprisoned and tortured in CIA “black sites” for nearly four years, and who has been held, since September 2006, in the prison at Guantánamo Bay, where he was brought with 13 other men described as “high-value detainees.” He is one of nine men facing charges in the prison’s largely dysfunctional military commission trial system, but, as the Working Group explained, although “pretrial hearings” in his case “began on 17 January 2012,” they “remain ongoing and no trial date has been set,” and, in a conclusion that must have unsettled the Biden administration, they called for his release.
Also implicated in his arbitrary detention are seven other countries — Afghanistan, Lithuania, Morocco, Poland, Romania and Thailand, where he was held in CIA “black sites,” and the United Arab Emirates, where he was first seized, without an arrest warrant, in October 2002, and interrogated for a month by Emirati intelligence operatives before being handed over to the CIA. The bulk of the Working Group’s condemnation of Al-Nashiri’s treatment is, however, focused on the US.
In recent months, the UN, which has always condemned the existence of Guantánamo and the human rights violations committed there, as well as in the CIA’s global network of “black sites,” has stepped up its criticism, issuing, via a number of UN experts, a resounding condemnation of life-threatening medical neglect in the case of Abd Al-Hadi Al-Iraqi, another “high-value detainee” (which I discussed here), and, also via the Working Group on Arbitrary Detention, an opinion in the case of Abu Zubaydah — the “high-value detainee” for whom the CIA’s post-9/11 torture program was developed, in the mistaken belief that the was a high-ranking member of Al-Qaeda — which was so hard-hitting that I described it 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 Broken Old Men of Guantánamo
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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 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.
UN Condemns 21-Year Imprisonment of Abu Zubaydah as Arbitrary Detention and Suggests that Guantánamo’s Detention System “May Constitute Crimes Against Humanity”
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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 Guantánamo — 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.”
Great News As The Rabbani Brothers Are Freed From Guantánamo and Sent Home to Pakistan; 18 Others Approved for Release Must Now Also Be Freed
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On Thursday, the US authorities confirmed that two Pakistani brothers in Guantánamo — Ahmed Rabbani, 53, and his elder brother Abdul Rahim, 55 — had been freed from Guantánamo and sent home to Pakistan.
Both men had been held by the US for over 20 years. Seized in their home city of Karachi in September 2002, they had been held and tortured in CIA “black sites” for 545 days before being sent to Guantánamo in September 2004, where they had been held ever since without charge or trial.
As Carol Rosenberg noted for the New York Times, which has just published the story of their release, a day after it was broken on social media by former prisoner Mansoor Adayfi, the US authorities claimed that it was holding the brothers “for helping to operate safe houses where suspected operatives of Al Qaeda holed up after the Sept. 11, 2001, attacks.”
Majid Khan Released From Guantánamo to New Life in Belize; 20 Others Approved for Release But Still Held Must Now Be Prioritized by Biden
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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.
My Reflections on Guantánamo and the 21st Anniversary of the 9/11 Attacks and a Video of My Interview on Salaamedia in South Africa
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Today marks the 21st anniversary of the terrorist attacks on September 11, 2001, when nearly 3,000 people lost their lives in coordinated terrorist attacks on the twin towers of the World Trade Center in New York, and the Pentagon in Washington, D.C.
Sadly, it also marks the launch, in response, of a global ”war on terror” by the administration of George W. Bush that led to the invasion and occupation of Afghanistan, a 20-year endeavor that ended in humiliation last year when the US withdrew from Afghanistan, handing the country back to the Taliban; the illegal occupation of Iraq; the shredding of the Geneva Conventions in both countries; the establishment of a global, extrajudicial program of kidnapping, torture and indefinite imprisonment without charge or trial that, between 2002 and 2006, involved the CIA establishing and running numerous “black sites” (torture prisons) around the world; and the creation of a prison at Guantánamo Bay, in Cuba, where 779 men (and boys) have been held by the US military since it opened on January 11, 2002.
Since 2006, I have assiduously chronicled the monstrous injustices of Guantánamo, sought to expose and tell the stories of the prisoners held there — most of whom had nothing whatsoever to do with international terrorism — and campaigned for the prison’s closure, and two days ago, to mark the 21st anniversary of the 9/11 attacks, I was delighted to be interviewed by Inayat Wadee, of Salaamedia in South Africa, about the anniversary, and about the shameful ongoing existence of Guantánamo, where 36 men are still held.
The US Government’s Entirely Predictable Problems with Resettling Guantánamo Prisoner Majid Khan
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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.
It’s difficult enough to get out of Guantánamo at the best of times, and considerably more difficult when the US authorities have to find a third country prepared to take in former prisoners, generally because it is unsafe for them to be returned to the countries of their birth.
In dozens of resettlement cases over the years, the US government has made resettlement additionally difficult by refusing to concede that the men in question might have been fundamentally insignificant by sharing assessment files from Guantánamo with the governments of these countries (fundamentally, the files released by WikiLeaks in 2011), which, more often than not, are full of lies about the prisoners, extracted from their fellow prisoners under duress, or through the promise of favorable treatment, to justify their lawless imprisonment (without any adequate screening at the time of capture) in the first place.
Last week, a new twist on these difficulties came to light in the District Court in Washington, D.C., as Justice Department lawyers sought to prevent a judge from addressing a habeas corpus petition submitted by the Pakistani national Majid Khan, who has been imprisoned at Guantánamo since September 2006, and who previously spent three and a half years in CIA “black sites,” where he was subjected to torture.
Who's still at Guantánamo?
