Military Judge Rules That Terrorism Sentence at Guantánamo Can Be Reduced Because of CIA Torture

Guantánamo prisoner Majid Khan, in a photo taken at the prison in 2018, and the military commissions judge, Army Col. Douglas K. Watkins, who has ruled that his sentence, based on a plea deal agreed in 2012, can be reduced because he was tortured in “black sites” by the CIA.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.




 

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 been nearly two years since I last reported on the military commission trial system at Guantánamo, which is less an oversight than a tacit acknowledgement that the entire system is broken, a facsimile of justice in which the defense teams for those put forward for trials are committed to exposing the torture to which their clients were subjected in secret CIA “black sites,” while the prosecutors are just as committed to keeping that information hidden.

I’m pleased to be discussing the commissions again, however, because, in a recent ruling in the case of “high-value detainee” Majid Khan, a judge ruled that, as Carol Rosenberg described it for the New York Times, “war court judges have the power to reduce the prison sentence of a Qaeda operative at Guantánamo Bay, Cuba, as a remedy for torture by the CIA.”

When I last visited the commissions, the chief judge, Army Col. James L. Pohl, who had also been the judge on the case of the five men accused of involvement in the 9/11 attacks since the men were arraigned in May 2012, had just caused a stir by ruling that confessions obtained by so-called “clean teams” of FBI agents, after the men were moved to Guantánamo from the CIA “black sites” where their initial confessions were obtained through the use of torture, would not be admitted as evidence. In a second blow, he announced his resignation.

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Inter-American Commission on Human Rights’ Ground-Breaking Decision in the Case of Former Guantánamo Prisoner Djamel Ameziane

Former Guantánamo Prisoner Djamel Ameziane and his response to a a recent and important decision taken by the Inter-American Commission on Human Rights (IACHR), criticizing the US for his treatment during 12 years in US custody (Image by the Center for Justice and International Law).

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I’ve had a busy few weeks, and haven’t been able, until now, to address a recent and important decision taken by the Inter-American Commission on Human Rights (IACHR) in the case of Djamel Ameziane, an ethnic Berber from Algeria who was imprisoned at Guantánamo for nearly 12 years, from February 2002 to December 2013, after an initial two month’s imprisonment at Kandahar air base in Afghanistan. The IACHR is a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

As his lawyers at the Center for Constitutional Rights (CCR) explained in a press release on May 28, the IACHR’s decision (available here) determined that the United States was “responsible for Mr. Ameziane’s torture, abuse, and decade-long confinement without charge,” and issued a series of recommendations — namely, that “the United States should provide ‘adequate material and moral reparations’ for the human rights violations suffered by Mr. Ameziane for his 12 years of confinement.”

As CCR added, “Some of these measures include the continuance of criminal investigations for the torture of Mr. Ameziane at Kandahar Airbase and Guantánamo Bay detention center; compensation for his years spent in arbitrary detention to address any lasting physical and psychological effects; medical and psychological care for his rehabilitation; and the issuance of a public apology by the United States president or any other high-ranking official to establish Mr. Ameziane’s innocence.”

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Never Forget: The “Season of Death” at Guantánamo

Four of the five prisoners who died at Guantánamo between May 30 and June 9 in 2006, 2007 and 2009, hence my description of it as the “season of death.” The top row shows Yasser al-Zahrani and Ali al-Salami, two of the three men who died on the night of June 9, 2006. No photo exists of the third man, Mani al-Utaybi. The bottom row shows the only photo of Abdul Rahman al-Amri, who died on May 30, 2007, and Mohammed al-Hanashi (Muhammad Salih), who died on June 1, 2009. All the deaths were described by the authorities as suicides, but these claims are disputed.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

There are days in your life when events take place and everyone remembers where they were. The terrorist attacks of September 11, 2001 are one example; and, depending on your age, others might be the assassination of John F. Kennedy, the moon landing, the fall of the Berlin Wall, Nelson Mandela being freed from prison, and the “shock and awe” of the opening night of the illegal invasion of Iraq.

One of those occasions for me is June 10, 2006, when it was reported that three prisoners at Guantánamo had died, allegedly by committing suicide — two Saudis, Yasser al-Zahrani, who was just 18 when he arrived at Guantánamo, and Mani al-Utaybi, and Ali al-Salami, a Yemeni. The authorities’ response was astonishingly insensitive, with Rear Adm. Harry Harris, the prison’s commander, saying, “This was not an act of desperation, but an act of asymmetric warfare committed against us.”

While it remains deeply shocking to me, 14 years on, that suicide could be described as an act of war, this was not the only problem with the authorities’ response to the deaths. The Pentagon’s PR machine swiftly derided the men as dangerous terrorists, even though none of them had been charged or tried for any offence. In fact, one of them, Mani al-Utaybi, had been approved for transfer back to his home country — although the authorities were unable to say whether or not he had been informed of this fact before he died.

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Lockdown Fundraiser: Seeking $2500 (£2000) to Support My Guantánamo Work and My Photo-Journalism Project, ‘The State of London’

Andy Worthington calling for the closure of the prison at Guantánamo outside the White House on January 11, 2020, the 18th anniversary of the prison’s opening, and a section of photos from the coronavirus lockdown in London, as featured on Andy’s Facebook page ‘The State of London.’

Please click on the ‘Donate’ button below to make a donation towards the $2,500 (£2,000) I’m trying to raise to support my work on Guantánamo over the next three months of the Trump administration, and/or for my London photo-journalism project ‘The State of London’.





 

Dear friends and supporters,

Every three months I ask you, if you can, to support my ongoing journalism and activism — mostly on Guantánamo — and my photo-journalism, via my project ‘The State of London’, for which I have no institutional backing. As a very modern version of a freelance journalist, I’m reliant on you, my supporters, to support my work via donations if you like what I do and are able to help.

This is a long-standing arrangement, and it largely arose because there was no room for someone like me in the mainstream media, which didn’t want an expert on Guantánamo writing relentlessly about the prison, the men held there, and why it needs to be closed, and who, in general, dismiss people who are relentlessly dedicated to important causes as “activists” rather than journalists. This is a distinction that I don’t find valid, which serves to largely sideline writers who burn with indignation at injustices in favour of those who embrace “objectivity” — and sadly it tends only to end up supporting the status quo.

On Guantanamo, I have doggedly sought its closure for 14 years now, and have no intention of giving up while it remains open, because its very existence is such a legal, ethical and moral abomination. Your support for my relentless persistence regarding this hugely important but almost entirely forgotten topic is very greatly appreciated.

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Elizabeth Warren and 14 Other Senators Ask Pentagon About Coronavirus Protections at Guantánamo

Six of the 15 Senators who have written to defense secretary Mark Esper to ask what protections are being provided to prisoners and US personnel at Guantánamo in response to the coronavirus crisis. Top row, L to R: Elizabeth Warren, Bernie Sanders, Dianne Feinstein. Bottom row, L to R: Dick Durbin, Patrick Leahy, Cory Booker.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

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.

The prisoners at Guantánamo Bay — held, for the most part, without charge or trial for over 18 years now — have rarely had the support they should have received from the various branches of the U.S. government — the executive branch, Congress and the judiciary — considering how outrageous it is for prisoners of the U.S. to be held in such fundamentally unjust conditions.

Since Donald Trump became president, of course, any pretence of even caring about this situation has been jettisoned. Trump loves Guantánamo, and is happy for the 40 men still held to be imprisoned until they die, and he hasn’t changed his mind as a new threat — the novel coronavirus, COVID-19 — has emerged.

Last week, however, representatives of another group of people with a long history of not doing much for the prisoners — lawmakers — sent a letter to defense secretary Mark T. Esper calling for clarification regarding what, if anything, the Pentagon is doing to “prevent the spread of the coronavirus disease 2019 (COVID-19) pandemic among detainees in the prison facility at the United States Naval Station Guantánamo Bay, Cuba (Guantánamo), as well as efforts to protect service members responsible for detention operations and all other military personnel at the base.”

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Forgotten and Isolated: Please Write to the Guantánamo Prisoners

Twelve of the 40 prisoners still held at Guantánamo. Top row, from L to R: Uthman Abd al-Rahim Muhammad Uthman, Moath al-Alwi, Khalid Qasim, Abdul Latif Nasir. Middle row: Sufyian Barhoumi, Tawfiq al-Bihani, Saifullah Paracha, Hassan Bin Attash. Bottom row: Ahmad Rabbani, Abd al-Salam al-Hilah, Mohammed Abdul Malik Bajabu, Haroon al-Afghani.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

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.

With Muslims around the world marking the end of Ramadan, and with the novel coronavirus, COVID-19, still raging globally, and particularly endangering those confined in cells, now is a good time, we hope, to encourage you to write to the 40 prisoners still held at Guantánamo, to try to ensure that they are not forgotten.

Since the spread of the coronavirus began, the prisoners at Guantánamo have been even more isolated than they usually are, which is quite an achievement, as they are not allowed, and have never been allowed family visits, even if their relatives could find a way to get to Guantánamo, and their only contact with anyone outside of the US military or other arms of the US government has been via their attorneys, or via representatives of the International Committee of the Red Cross.

Now, however, the Red Cross has suspended its visits until it is safe to return, and, although attorneys are allowed to visit, onerous quarantine requirements are in place. As NPR reported last week — looking primarily at the suspension of pre-trial proceedings in the broken military commission trial system — there is “a 14-day quarantine for anyone arriving on the island, which has basically halted court travel because Guantánamo lawyers must also quarantine for 14 days upon returning to the US, turning even a short trip into a month-long commitment.”

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“The Use of Power and Ideology in Guantánamo”: New Academic Paper Focuses On My Book “The Guantánamo Files”

The cover of Andy Worthington’s 2007 book “The Guantánamo Files.”

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

Imagine my surprise last week when a post popped up on Facebook, which I was tagged in, that read, “The Use of Power and Ideology in Guantánamo: A Critical Discourse Analysis of Andy Worthington’s The Guantánamo Files.”

Clicking through, I found that it was an entire academic article focusing on my 2007 book The Guantánamo Files, published in the latest issue (June 2020) of the European Journal of English Language and Literature Studies, a publication by EA Journals (European-American Journals), part of the UK-based European Centre for Research Training and Development, which is “an independent organisation run by scholars mainly in the UK, USA, and Canada.”

Written and supported by students and supervisors at GC University, in Faisalabad, Pakistan, the abstract explains that “[t]he research deals with the use of power and ideology in Andy Worthington’s The Guantánamo Files (2007) as the narratives (generally called Gitmo narratives) of the detainees show the betrayal of American ideals, [the] US constitution and international laws about human rights. Since its inception, Guantánamo Bay Camp is an icon of American military power, hegemony and legal exceptionalism in the ‘Global War on Terror.’”

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Lockdown Listening: Radiolab’s Six-Part, Four-Hour Series About Guantánamo Prisoner Abdul Latif Nasser, Cleared for Release But Still Held

An image produced by Will Paybarah for Radiolab’s series “The Other Latif,” about Guantánamo prisoner Abdul Latif Nasser.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

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.

As the coronavirus continues to impact massively on our lives, via lockdowns and a global death count that has now reached over 250,000, spare a thought for the prisoners at Guantánamo, who are more isolated than ever. Although it is profoundly reassuring that the virus has not reached the prison — despite a US sailor contracting it on the naval base in March — the 40 men still held have not had any contact with anyone other than their captors since the US lockdown began.

Their attorneys are no longer able to fly out to see them, and, last Saturday, Carol Rosenberg of the New York Times tweeted that the International Committee of the Red Cross had “canceled its quarterly visit because of the virus.”  As she proceeded to explain, ICRC delegations have been “meeting with the detainees and prison commander since Camp X-Ray opened in 2002,” and the visit on May 22 would have been the ICRC’s 135th visit to the prison.

As the lockdown continues — and so many of us have more time on our hands than previously — now seems like a good opportunity for those of you who are interested in Guantánamo to listen to “The Other Latif,” an unprecedented six-part, four-hour series about one particular prisoner, Abdul Latif Nasser, the last Moroccan national in the prison, whose case we have covered many times over the years — see, for example, Abandoned in Guantánamo: Abdul Latif Nasser, Cleared for Release Three Years Ago, But Still Held, from last August, and Trump’s Personal Prisoners at Guantánamo: The Five Men Cleared for Release But Still Held, from last November.

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Radio: I Discuss the Coronavirus Changing the World Irrevocably, Plus Guantánamo and WikiLeaks, with Chris Cook on Gorilla Radio

Andy Worthington calling for the closure of Guantánamo outside the White House on January 11, 2020, the 18th anniversary of the prison’s opening (Photo: Witness Against Torture).

Please support my work as a reader-funded investigative journalist, commentator and activist. If you can help, please click on the button below to donate via PayPal.





 

Last Tuesday, I was delighted to speak to Chris Cook, for his radio show Gorilla Radio, beaming out to the world from Vancouver Island, in western Canada. Our full interview — an hour in total — can be found on Chris’s website. It’s also available here as an MP3, and I hope you have time to listen to it. A shorter version — about 25 minutes in total — will be broadcast in a few weeks’ time. [UPDATE May 30: the shorter version is here. US peace activist David Swanson is in the first half; I’m in the second half].

Chris began by playing an excerpt from the new release by my band The Four Fathers, ‘This Time We Win’, an eco-anthem inspired by the campaigning work of Greta Thunberg and Extinction Rebellion. [Note: In the edited version of the show, he plays the whole song, beginning at 31:25].

We then discussed my most recent articles about Guantánamo, A Coronavirus Lament by Guantánamo Prisoner Asadullah Haroon Gul and Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed, both dealing with one of the many insignificant prisoners still held at Guantánamo, out of the 40 men still held — Asadullah Haroon Gul, whose lawyers are trying to secure his repatriation as part of the Afghan peace process.

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Change the World! A Life in Activism: I Discuss Stonehenge, the Beanfield, Guantánamo and Environmental Protest with Alan Dearling

Andy Worthington calling for the closure of the prison at Guantánamo Bay outside the White House, singing and playing guitar, and challenging the police and bailiffs on the day of the eviction of the Old Tidemill Wildlife Garden in Deptford.

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At the start of the year, I was delighted to be asked by an old friend and colleague, Alan Dearling, the publisher of my second book, The Battle of the Beanfield, if I’d like to be interviewed about my history of activism for two publications he’s involved with — the music and counter-culture magazine Gonzo Weekly and International Times, the online revival of the famous counter-cultural magazine of the ‘60s and ‘70s.

In February, after my time- and attention-consuming annual visit to the US to call for the closure of the prison at Guantánamo Bay on the anniversary of its opening, I found the time to give Alan’s questions the attention they deserved, and the interview was finally published on the International Times website on March 21, just two days before the coronavirus lockdown began, changing all our lives, possibly forever. Last week, it was also published in Gonzo Weekly (#387/8, pp. 73-84), and I’m pleased to now be making it available to readers here on my website.

In a wide-ranging interview, Alan asked me about my involvement with the British counter-culture in the ’80s and ‘90s, which eventually led to me writing my first two books, Stonehenge: Celebration & Subversion, and, as noted above, The Battle of the Beanfield. my work on behalf of the prisoners in Guantánamo Bay, which has dominated much of my life for the last 14 years, and my more recent work as a housing activist — with a brief mention also of my photo-journalism project, ‘The State of London’, and my music with The Four Fathers.

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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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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