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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 the epidemic of disasters afflicting the world, it’s sometimes hard to even remember that, at Guantánamo Bay in Cuba, the US government is still holding 30 men, detained for between 15 and 22 years, who, for the most part, have never been charged with crimes, and are imprisoned, apparently indefinitely, without charge or trial.

With just a fortnight to go until the US Presidential Election, these men’s plight has become politically invisible, even though their treatment — outside of all norms governing the deprivation of liberty of individuals — has, from the beginning, relied on their demonization and dehumanization as Muslims, with a clear line stretching from their fundamentally lawless imprisonment to the way that demonized and dehumanized Muslims are being treated in the Gaza Strip today.

Now suffering under their fourth president, the men at Guantánamo had some hope, when Joe Biden took office, that positive changes were on the horizon. NGOs and lawyers had lobbied his transition team, urging that, at the very least, he address the plight of those specifically imprisoned indefinitely without charge or trial, as opposed to those charged in the military commissions, a broken system, first introduced after the 9/11 attacks, before Guantánamo even opened, albeit one with some tangential connection to the law.

At the time of his inauguration, Biden was holding 40 men, 22 of whom were “forever prisoners,” held indefinitely without charge or trial. Six others had already been approved for release but were still held, while the other 12 were, to some extent or another, under the jurisdiction of the military commissions.

From May 2021 to September 2022, the Biden administration addressed these concerns. All but three of the “forever prisoners” were approved for release by Periodic Review Boards, the high-level parole-type process established under President Obama, which had previously and repeatedly recommended their ongoing imprisonment.

In addition, between July 2021 and April 2023, ten prisoners in total were released, reducing the prison’s population by a quarter, and making concrete steps towards its final closure seem almost within reach.

Then it all fell apart.

No releases for a year and a half

Even though 16 of the 30 men still held have long been approved for release, none have been freed in the last 18 months. A complication is that, although the ten men previously freed were all repatriated, third countries must be found for these 16 men — mostly Yemenis — because Republicans in Congress, since the early days of the Obama administration, have insisted on inserting provisions into the annual National Defense Authorization Act (NDAA), proscribing the return of prisoners to certain countries, including Yemen, Libya, Somalia and Afghanistan.

President Biden made an effort to address this problem by appointing a former ambassador, Tina Kaidanow, as the Special Representative for Guantánamo Affairs in the State Department in August 2021, who was “responsible for all matters pertaining to the transfer of detainees from the Guantánamo Bay facility to third countries.”

Despite a lack of high-level support within the administration, and stymied by a general lack of interest around the world in resettling former prisoners, Kaidanow nevertheless successfully negotiated the proposed resettlement, in Oman, of eleven of these 16 men, who were supposed to have been freed last October.

Shamefully, however, even though an airplane was on the tarmac at Guantánamo to take these men to their new lives, the October 7 attacks in southern Israel by Hamas and other militants persuaded Biden and his senior officials that the “political optics” no longer supported their release, and the plan was shelved, with no new date set for it to be reinstated.

Sadly, we have just heard that Tina Kaidanow has died, at just 59 years of age, without having been able to see her last, largely ignored but hugely important post yield the fruit it deserved: the removal of one dark and enduring stain on the US’s reputation, through the restoration of these men’s freedom.

Broken trials and UN condemnation

In the military commissions, too, the administration has slammed the brakes on any progress in the seemingly endless effort by the US government to successfully prosecute men subjected to horrendous torture in CIA “black sites” prior to their arrival at Guantánamo, mostly in September 2006.

Three years ago, prosecutors finally recognized that the use of torture precluded the possibility of successful prosecutions, and began negotiating with defense lawyers, and the Convening Authority, the government-appointed official overseeing the commissions, to secure plea deals instead with the men accused of involvement in the 9/11 attacks.

These took the death penalty off the table, and would have provided life sentences at Guantánamo in return for confessions that would have finally allowed for some sort of closure for the relatives of those killed on September 11, 2001. However, when it was announced, in August this year, that plea deals had been agreed with three of these men, the defense secretary, Lloyd Austin, almost immediately revoked them, once more rendering justice and any kind of closure off-limits.

Through this long period of inertia and of counter-productive measures, the US government has also been subjected to withering criticism by various United Nations Special Mandate holders, which, shamefully, it has entirely ignored.

These reports and opinions were published throughout 2023, beginning with condemnation, from numerous Special Mandate holders, on January 11, the 21st anniversary of the prison’s opening, of the treatment of Guantánamo’s most disabled prisoner, Abd al-Hadi al-Iraqi (charged in the military commissions), and continuing with two other devastating opinions, issued by the Working Group on Arbitrary Detention, one in the case of “forever prisoner” Abu Zubaydah, and the other in the case of Abd al-Rahim al-Nashiri (also charged in the military commissions), with the Abu Zubaydah opinion also indicating that the very basis of the detention system at Guantánamo “may constitute crimes against humanity.”

Finally, in June 2023, a report issued by Fionnuala Ní Aoláin, the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, concluded, as a result of assessments undertaken after she became the first ever UN Rapporteur to visit the prison, in February 2023, that, despite some improvement in conditions over the years, the prison’s operations overall still constitute “ongoing cruel, inhuman, and degrading treatment,” and “may also meet the legal threshold for torture.”

So is there hope for the future?

Perhaps, ironically, if Kamala Harris loses to Donald Trump in the Presidential Election, pressure to free all the men approved for release before Trump’s inauguration in January will become unavoidable, because Trump, as he was in his first term in office, will be an absolute disaster for the men held at Guantánamo, sealing the prison shut as he did throughout his four lamentable years as president.

If Harris does win, however, it is to be hoped that there will also be renewed pressure to free the men approved for release, even though the very basis of safe and secure resettlements in third countries — already undermined by the brutal treatment of men resettled in the UAE between 2015 and 2017, who found themselves imprisoned instead of being helped to rebuild their lives, before being forcibly repatriated — was dealt a major blow in August, when Oman, the great hope for the men awaiting release, which had previously accepted 28 Yemenis from Guantánamo between 2015 and 2017, also repatriated these men, mostly against their will, and in defiance of the promises made when they were first taken in — which is, of course, that their resettlement would be permanent.

Alarmingly, Vincent M. Picard, a spokesman for the State Department’s counterterrorism division, stated that, “In general, the United States government has never had an expectation that former Guantánamo detainees would indefinitely remain in receiving countries,” even though that provides no explanation whatsoever about where they are supposed to go if their resettlements come to an end.

As Fionnuala Ní Aoláin explained, with reference to the Yemenis in Oman, “Non-refoulement [not returning anyone to a country where they face a risk of torture or other ill-treatment] should be an absolute protection, because countries like Oman have a choice to protect these vulnerable torture survivors or not.”

As she also explained, “Sending these men to Yemen puts them in profound danger. Yemen is a country in the midst of a brutal civil war, and is also being bombed by the United States and other allied countries. Sending former Guantánamo detainees, men who have been the victims of US torture and ill-treatment back to Yemen flies in the face of the most fundamental human rights obligations of both Oman and the United States.”

What can we do?

On the ground, our options as concerned citizens appear limited, although, as has been the case throughout Guantánamo’s long and sordid history of abject brutality and lawlessness, matched by the almost complete indifference (or even hostility) of most of the political class, the mainstream media and US citizens themselves, those of us who care must continue to do whatever we can to publicize the plight of the men still held, to bear witness to their suffering, and to point out how corrosive the rancid ongoing existence of Guantánamo is to all notions of human rights, due process and international humanitarian law.

Since January 2018, we have been running an ongoing photo campaign, every 100 days of Guantánamo’s existence (and also, every year, on the anniversary of Guantánamo’s opening, on January 11), for which our supporters take photos of themselves — or have photographs taken of them — with posters marking these grim milestones, and calling for Guantánamo’s closure.

On October 1, we marked 8,300 days of the prison’s existence, and were delighted to receive 70 photos from across the US and around the world — some from regular participants, and others from new supporters.

The photo campaign was somewhat in the doldrums in the Trump years, and took some time to pick up under Biden, but since last December, when we marked 8,000 days, it has been reinvigorated, in part because of the unique contributions of Gavrilah Wells, an activist in San Francisco, who, uniquely, wanders the streets of her home city with her camera and a copy of the poster, engaging with those she meets, and seeking to get them involved.

As I told her in an email, “You have single-handedly breathed new life into this project, with your wonderful portraits, which capture a largely hidden truth about the US — that people everywhere oppose the continued existence of Guantanamo, but nobody normally asks them what they think. I wish some local or national media would pick up on what you’re doing!”

We also continue to highlight the injustice of Guantánamo’s continued existence, through monthly vigils, which take place on the first Wednesday of every month, and have regular support in eleven locations across the US and around the world — in Washington, D.C., in London, New York City, San Francisco, Mexico City, Brussels, Cobleskill, NY, Detroit, Minneapolis and Portland, Oregon.

One particular focus of the vigils is the 16 men approved for release but still held, via a poster of them, and a second poster, which I update every month, and which shows how disgracefully long they have been waiting to be freed since those decisions were taken. On October 2, when the most recent vigils took place, these men had, disgracefully, been waiting for between 740 and 1,434 days since those decisions were taken, and in three outlying cases for 5,367 days.

Sadly, shamefully, the mainstream media have shown no interest whatsoever in either the ongoing photo campaign or the monthly vigils, even though, in particular, the amount of time that the 16 men have been held since they were approved for release is nothing short of a national scandal.

Nevertheless, I believe that our continuing efforts to raise awareness of the glaring injustices of Guantánamo are worthwhile, and I hope you agree. We are all watching intensely what happens on November 5, which won’t, either way, probably help the Muslims in the Gaza Strip, but will hopefully, one way or another, help to, at least, secure freedom for these 16 men. We’ll keep you posted!

* * * * *

Andy Worthington is a freelance investigative journalist, activist, author, photographer (of an ongoing photo-journalism project, ‘The State of London’), film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (see the ongoing photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here, or you can watch it online here, via the production company Spectacle, for £2.50).

In 2017, Andy became very involved in housing issues. He is the narrator of the documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June 2017 that killed over 70 people, and, in 2018, he was part of the occupation of the Old Tidemill Wildlife Garden in Deptford, to try to prevent its destruction — and that of 16 structurally sound council flats next door — by Lewisham Council and Peabody.

Since 2019, Andy has become increasingly involved in environmental activism, recognizing that climate change poses an unprecedented threat to life on earth, and that the window for change — requiring a severe reduction in the emission of all greenhouse gases, and the dismantling of our suicidal global capitalist system — is rapidly shrinking, as tipping points are reached that are occurring much quicker than even pessimistic climate scientists expected. You can read his articles about the climate crisis here.

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal.

 

Last week I was delighted to speak yet again with Chris Cook, who, for 25 years, has been running his Gorilla Radio show out of western Canada, “providing a forum”, as he describes it, “for people and issues not covered in the corporate media.”

Chris and I have spoken countless times over the last 15 years or so, and last week we discussed the latest news regarding Guantánamo, as well as the recent far-right riots in the UK. The show is available on Gorilla Radio’s Substack page here, and our interview is in the second half of the one-hour show.

On Guantánamo, we followed up on my recent article, Lloyd Austin Cynically Revokes 9/11 Plea Deals, Which Correctly Concluded That the Use of Torture Is Incompatible With the Pursuit of Justice, looking at the plea deals agreed with three of the five men charged in connection with the 9/11 attacks, which, however, only survived for 48 hours until they were revoked by defense secretary Lloyd Austin.

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On Wednesday (August 7) campaigners for the closure of the prison at Guantánamo Bay marked 18 months of monthly coordinated global vigils for the prison’s closure at seven locations across the US — Washington, D.C., New York, San Francisco, Detroit, Minneapolis, Cobleskill, NY and Los Angeles — and in London and Brussels, with a delayed vigil taking place the day after in Mexico City. The campaigners represent numerous organizations committed to the closure of Guantánamo, including Amnesty International, Witness Against Torture, the World Can’t Wait, NRCAT (the National Religious Campaign Against Torture) and the UK Guantánamo Network, with numerous other supporting organizations.

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My thanks, as always, to the campaigners in ten different locations across the US and around the world who came together on Wednesday (July 3), to call for the closure of the prison at Guantánamo Bay — in Washington, D.C., London, New York City, Mexico City, Brussels, San Francisco, Detroit, Cobleskill, NY, Minneapolis and Los Angeles, from organizations including Amnesty International, Witness Against Torture, the World Can’t Wait and the UK Guantánamo Network, and with supporting organizations including the National Religious Campaign Against Torture, the Center for Constitutional Rights and September 11th Families for Peaceful Tomorrows.

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On Wednesday, campaigners in ten locations across the US and around the world held the latest monthly coordinated global vigils calling for the closure of the prison at Guantánamo Bay, which, on June 23, will have been open for 8,200 days.

The monthly vigils, which I initiated last February, took place in Washington, D.C., New York, London, Mexico City, Brussels, San Francisco, Cobleskill, NY, Detroit, Minneapolis and Los Angeles, and focused, as usual, not just on calls for the prison’s eventual closure, but also for the immediate release of 16 men (out of the 30 still held) who have long been approved for release, but are still held because the decisions to release them — taken unanimously by high-level US government review processes — were, nevertheless, purely administrative. This means that no legal mechanism exists to compel the Biden administration to free them, if, as is increasingly apparent, President Biden and Antony Blinken have no interest in prioritizing their release.

As the poster that I update every month shows, as of June 5, these men had been held for between 621 and 1,315 days since the decisions were taken to release them, and, in three outlying cases, for 5,248 days. Any country that tolerates this cannot be said to have the slightest respect for the law, or, indeed, for any fundamental human notions of decency.

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With Gaza, understandably, dominating the news, as Israel’s genocide continues, and peaceful pro-Palestinian protestors at campuses across the US are being violently assaulted by police on behalf of their universities’ administrators, it’s a tribute to the tenacity of human rights campaigners at five locations across the US — and in London and Brussels — that, on Wednesday, they came out onto the streets to also try to remind people of the ongoing existence of the prison at Guantánamo Bay, and, in particular, the plight of the 16 men (out of 30 still held in total), who have long been approved for release but are still held.

Coordinated monthly vigils for the closure of Guantánamo have been taking place across the US and around the world on the first Wednesday of every month since I began organizing them last February, and on Wednesday, May 1, vigils took place in Washington, D.C., New York, London, Brussels, Cobleskill, NY, Detroit and Los Angeles.

San Francisco didn’t hold a vigil this month, but coordinator Gavrilah Wells took photos at two events at the weekend, and campaigners in Mexico City were also unable to take part, although Natalia Rivera Scott arranged instead for two former prisoners to take photos with posters calling for the prison’s closure.

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On Wednesday (April 3), the latest monthly coordinated vigils for the closure of the prison at Guantánamo Bay took place at five locations across the US, in London, in Mexico City, and, as a special one-off event, in the European Parliament in Brussels.

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Thanks to Chris Cook for having me on his Gorilla Radio show in Victoria, in western Canada on Wednesday to talk about a number of topics. The one-hour show is available here, on Chris’s Substack account, and my interview took part in the first half.

Chris began by asking me about the recent by-election victory, here in the UK, of George Galloway, the former Labour MP, who destroyed both Labour and the Tories on a platform opposing their unconditional support for Israel’s genocide in Gaza, which, of course, is also opposed by a majority of the population. As he stated in a tweet after his victory, “Gaza is the moral centre of the world right now.”

Chris asked me about the government’s hysterical response, with Prime Minister Rishi Sunak delivering a special address to the nation to complain about the threat posed by a democratically-elected MP, but with, of course, a darker undercurrent of groundless suggestions that British democracy is under threat from “Islamist extremists” — all part of the desperate, flailing efforts of the British establishment to criminalize all criticism of Israel’s actions as anti-semitic.

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As the prison at Guantánamo Bay continues its miserable existence, now in its 23rd year of denying justice to the men held, and betraying every legal principle that is supposed to distinguish the US from dictatorships, I’m grateful to the campaigners across the US, and around the world, who, following the annual protests for Guantánamo’s closure on January 11, the 22nd anniversary of its opening, have resumed the monthly vigils that I initiated a year ago to try to keep a light shining on Guantánamo once a month rather than just once a year.

Via organizations including numerous Amnesty International groups, the UK Guantánamo Network, Witness Against Torture and The World Can’t Wait, vigils took place on Wednesday (February 7) in Washington, D.C., Cobleskill, NY, Detroit and San Francisco, as well as in Mexico City and London, where I joined fellow campaigners outside the Houses of Parliament, and in Brussels and Copenhagen, where campaigners held their vigils on the preceding days.

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