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.
Recently, in London, campaigners for the closure of the prison at Guantánamo Bay held a vigil outside the US Embassy, by the River Thames in Nine Elms, at which, using the slogan, “Free the Guantánamo 20,” they highlighted the plight of the 20 men still held at Guantánamo, out of 35 prisoners in total, who have been approved for release by high-level government review processes, but are still held.
As I explained in an article about the vigil, the problem for the men approved for release is that the processes that led to their approval for release — initially, under President Obama, the Guantánamo Review Task Force, and, since 2013, the Periodic Review Boards — are ”purely administrative, and no legal mechanism exists to compel the US government to actually free [them].”
This is a shameful state of affairs, as is apparent from a moment’s reflection about how disgraceful it would be if no legal mechanism existed to compel the government to release people from federal prisons after they had completed their sentences, but at Guantánamo, of course, the men approved for release haven’t even been charged with a crime.
Ever since evidence first emerged of the US’s post-9/11 torture program — most conspicuously, via the photos of abuse in Abu Ghraib that were revealed in 2004, and the network of CIA “black sites” that were first revealed in the media in late 2005 — opponents of torture have sought to hold accountable those responsible for implementing torture in its various forms: in the CIA’s global network of “black sites,” in proxy prisons in other countries, in Afghanistan and Iraq, and at Guantánamo.
Their efforts have persistently been thwarted. President Obama, notoriously, used the “state secrets doctrine” to prevent torture victims from having their day in the US court system (check out the Jeppesen case in 2010, for example), and, earlier that year, after an internal Justice Department investigation into John Yoo and Jay Bybee, who wrote and approved the notorious “torture memos” of 2002 that purported to re-define torture so that it could be used by the CIA, concluded that they were guilty of “professional misconduct,” the Obama administration allowed a DoJ fixer to override that conclusion, deciding instead that they had merely exercised “poor judgment.”
In December 2014, an important step towards the truth came with the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 detention program (the Senate torture report, as it is more colloquially known), which delivered a devastating verdict on the program, even if it was not empowered to hold anyone accountable. And last August, there was good news when James Mitchell and Bruce Jessen, former military psychologists who had developed the torture program for the CIA, settled out of court — for a significant, but undisclosed amount — with several survivors of the rendition and torture program, and the family of another man, Gul Rahman, who had died in Afghanistan. Read the rest of this entry »
The Periodic Review Boards at Guantánamo, which have been reviewing the cases of all the men still held who are not approved for release or facing trials (currently, exactly half of the 60 men still held), have recently made public their decisions in two of the five remaining cases for which decisions had not already been taken. The review boards, which began in November 2013, consist of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, and are similar to parole boards, assessing whether prisoners show contrition for their alleged crimes, whether they can demonstrate that they do not hold any ill-will towards the US, and whether they can establish a credible scenario for a peaceful life after Guantánamo.
The decisions — to approve the ongoing imprisonment of two men, Guleed Hassan Ahmed and Hambali — mean that, of the 64 cases considered, 34 have ended with recommendations for release (and 21 of those men have been freed), while 27 have led to recommendations that the men in question should continue to be imprisoned without charge or trial — but with regular reviews of their cases continuing to take place, for which the men and their lawyers can continue to provide information that they think will help to secure a recommendation for the release. For further information, see my definitive Periodic Review Board list on the Close Guantánamo website.
This is a success rate for the prisoners of 56%, although there is, it should be noted, a distinct difference in the results of the PRBs based on the two types of prisoners put forward for the reviews. Read the rest of this entry »
This week, Guleed Hassan Ahmed aka Gouled Hassan Dourad (ISN 10023), a Somali prisoner at Guantánamo — who arrived at the prison in September 2006, after being held in CIA “black sites” for two and a half years — became the 55th prisoner to face a Periodic Review Board. Set up in 2013, the PRBs are reviewing the cases of all the prisoners held at Guantánamo who are not facing trials (just ten of the remaining 76 prisoners) or who were 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.
32 men have so far been approved for release via the PRBs (and eleven have been released), while 16 have had their ongoing imprisonment held, a 67% success rate for the prisoners, which rather demolishes the claims made by Obama’s task force that they were “too dangerous to release” or that they should be prosecuted.
Guleed Hassan Ahmed was born in April 1974, and is one of 16 “high-value detainees” who, as noted above, arrived at Guantánamo from CIA “black sites” in September 2006. He was seized in Djibouti in March 2004, by Somalis working with the CIA, but little is known of his whereabouts for the next two and a half years until his arrival at Guantánamo, or, indeed, why he ended up at Guantánamo at all. I always wondered if someone in the Bush administration wanted to have someone connected to events in Somalia at Guantánamo, simply to see if new connections could be made. Read the rest of this entry »
Two weeks ago, when Khalid Sheikh Mohammed and four other “high-value detainees” were arraigned at Guantánamo, in preparation for their forthcoming trial by military commission, they brought to eight the number of “high-value detainees” tried, put forward for trials or having agreed to a plea deal to avoid a trial and secure a reduced sentence.
In total, 16 “high-value detainees” have been sent to Guantánamo — 14 in September 2006, another in 2007 and another in 2008. One, Ahmed Khalfan Ghailani, was tried and convicted in federal court in New York in 2010, another, Majid Khan, accepted a plea deal in February this year, and Khalid Sheikh Mohammed and his four co-defendants join another prisoner, Abd al-Rahim al-Nashiri, in the slow-moving queue for military commission trials at Guantánamo.
But what of the other eight? Are there any plans to try them? Or is the Obama administration happy for them to be held for the rest of their lives without charge or trial — a confirmation, if any were needed, that indefinite detention without charge or trial has, through Guantánamo, become normalized? Read the rest of this entry »
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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