29th Periodic Review Board at Guantánamo – for Sharqawi Ali Al-Hajj, Alleged Al-Qaeda Facilitator

Yemeni prisoner Sharqawi Abdu Ali al-Hajj, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.

Last week, Sharqawi Abdu Ali Al-Hajj (aka Abdu Ali Sharqawi), a 41-year old Yemeni, became the 29th Guantánamo prisoner to have his case considered by a Periodic Review Board, the review process that, since 2013, has been reviewing the cases of all the prisoners not facing trials (just ten men) and those not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.

Of the 91 men currently held, 24 were approved for release by the task force but are still held, while 12 others have been approved for release by Periodic Review Boards. Discounting the ten facing trials, that leaves 45 men awaiting PRBs, or the results of PRBs, which, it seems certain, will add to the number of men approved for release.

23 men have so far had decisions taken on their PRBs, and in 19 of those cases the review boards have recommended them for release, a success rate of 83%. What ought to make this shameful for the administration is that the men facing PRBs were described by the task force as “too dangerous to release” six years ago, but those claims have unravelled under further scrutiny. At the time, the task force accepted that it was holding men who couldn’t be put on trial, because the information used to defend their detention wouldn’t stand up in a court, but refused to acknowledge that this meant that it was fundamentally unreliable. The task force also regarded men as dangerous based on their resistance in Guantánamo, but the PRBs are now functioning more like a parole process, and allowing prisoners the opportunity to demonstrate why they do not pose a threat, and will not pose a threat  in the future. Read the rest of this entry »

Ten Yemenis Freed from Guantánamo, Given New Homes in Oman; Now 93 Men Remain

Fahd Ghazy, photographed before his capture and his rendition to Guantanamo.As the disgraceful US prison at Guantánamo Bay begins its 15th year of operations, President Obama has been busy attempting to show that, with just one year left in office, he is determined to close the prison, as he promised to do on his second day in office back in January 2009, when he promised to close it within a year. Last month, we heard that 17 men would be released in January, and the releases began just days before the 14th anniversary of the opening of the prison with the release of two Yemenis in Ghana and the return to Kuwait of Fayiz al-Kandari, the last Kuwaiti in the prison. On the actual anniversary, a Saudi was returned home, and two days after the anniversary ten more Yemenis were released in Oman, Yemen’s neighbor, to add to the ten Yemenis sent to Oman last year.

David Remes, who represents three of the men sent to Oman, said it was “a particularly good fit for them,” as the New York Times described it. “I’m sure that they are ecstatic just leaving Guantánamo,” he said. “But it’s even better than that. They’ve been sent to Oman, an Arab country, whose language, culture and religion are their own. Oman is also one of Yemen’s neighbors, so their families will be able to visit them often.”

Three more releases — of unidentified prisoners to unidentified countries — are expected soon, and, after the release of the ten men to Oman, Lee Wolosky, the Special Envoy for Guantánamo Closure in the State Department, said, “We expect to be in a position to empty Guantánamo of all detainees who are currently approved for transfer by this summer.” Including the three men who are expected to be freed soon, Wolosky’s description currently applies to 34 of the 93 men still held  — 25 since January 2010, who were approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force, and nine in the last two years, by a new review process, the Periodic Review Boards. Read the rest of this entry »

Some Progress on Guantánamo: The Envoy, the Habeas Case and the Periodic Reviews

I wrote the following article — under the heading, “Progress on Guantánamo,” for the “Close Guantánamo” website, which I established in January 2012 with 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.

Progress towards closing the prison at Guantánamo Bay — or even getting men freed who have been cleared for release by a government task force — has become such a slow and difficult process that any positive developments must be greeted with a sense of relief that at least something is being done.

In the last week, three developments that offer some hope have taken place — the appointment of a “Special Envoy for Guantánamo closure” in the Pentagon; the decision by the Justice Department not to contest the habeas corpus petition of a severally mentally ill prisoner; and the start of a review process for the majority of the 80 prisoners still held at Guantánamo who are not amongst the 84 prisoners who were cleared for release by President Obama’s inter-agency Guantánamo Review Task Force in January 2010.

The fact that 84 prisoners who were cleared for release nearly four years ago are still held shows the extent to which progress towards closing Guantánamo has almost ground to a halt. Read the rest of this entry »

The Schizophrenic in Guantánamo Whose Lawyers Are Seeking to Have Him Sent Home

The prison at Guantánamo is such an extraordinarily lawless and unjust place that 86 prisoners cleared for release by an inter-agency task force established by President Obama when he took office in 2009 are still held.

Other prisoners recommended for trials languish, year after year, with no hope of justice, and 46 others were specifically recommended for indefinite detention without charge or trial, on the basis that they are too dangerous to release, even though there is insufficient evidence to put them on trial.

That means, of course, that the supposed evidence is fundamentally untrustworthy, a dubious melange of statements extracted through the use of torture and other forms of coercion, and unreliable intelligence reports, but the government refuses to acknowledge that unpalatable truth.

Instead, the men have been obliged to resort to a hunger strike, now in its sixth month, to wake the world up to their plight, and to put pressure on the administration to act. Eight weeks ago, President Obama delivered an eloquent speech about national security, in which he perfectly described how unjust and counter-productive Guantánamo is, and promised to resume releasing prisoners, but he has still not released a single cleared prisoner, and nor has he initiated reviews for the 46 men whose indefinite detention he authorized in March 2011, when he promised to establish Periodic Review Boards (PRBs) to review the men’s cases, to establish whether they continue to be regarded as too dangerous to release. 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, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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