Former Military Commissions Prosecutor Calls for the Closure of Guantánamo

Former Guantánamo military commissions prosecutor Omar Ashmawy, and a court sketch of Salim Hamdan, at his trial in 2008, one of only two military commission cases that have proceeded to full trials since Guantánamo was first established 19 and a half years ago.

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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.

Since Joe Biden was inaugurated as president in January, there has been a considerable outpouring of high-level demands for the closure of the shameful and disgraceful prison at Guantánamo Bay, which marked the 19th anniversary of its opening just before Biden’s inauguration, as the fatigue of the Trump years, when the White House was occupied by a president with no interest in addressing the horrors of Guantánamo, came to an end.

In January, seven former prisoners (all authors) had a letter published in the New York Review of Books calling for the prison’s closure, followed in February by a letter from 111 human rights organizations, including Close Guantánamo. Most significantly, in April, 24 Democratic Senators, including Dick Durbin, Patrick Leahy and Dianne Feinstein, followed up with their own demand for the prison’s closure, including detailed explanations of how that is possible.

There have also been op-eds by former Bill Clinton advisor Anthony Lake and Close Guantánamo co-founder Tom Wilner, by Lee Wolosky, the former Special Envoy for Guantánamo Closure, by retired Rear Admirals Donald J. Guter and John Hutson, by former CIA analyst Gail Helt, by Valerie Lucznikowska of September 11 Families for Peaceful Tomorrows, and by the attorney Benjamin R. Farley, who represents one of the men accused of involvement in the 9/11 attacks, as part of the DoD’s Military Commissions Defense Organization.

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UN Experts Condemn UAE Plans to Forcibly Repatriate Former Guantánamo Prisoner Ravil Mingazov to Russia, Where He Faces “Substantial Risk of Torture”

Ravil Mingazov, photographed at Guantánamo before his transfer to the UAE in January 2017.

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Yesterday (July 2), UN human rights experts, including Nils Melzer, the Special Rapporteur on Torture, condemned the United Arab Emirates (UAE) for its proposals to repatriate Ravil Mingazov, a former Guantánamo prisoner who was sent to the UAE from Guantánamo in January 2017, just before President Obama left office.

Despite what the experts describe as “informal assurances guaranteeing his release into Emirati society after undergoing a short-term rehabilitation programme,” Mingazov — and 22 other former prisoners (18 Yemenis and four Afghans), who were sent to the UAE from Guantánamo between November 2015 and January 2017 — found that, on their arrival in the UAE, the assurances evaporated, and they have instead been “subjected to continuous arbitrary detention at an undisclosed location in the UAE, which amounts to enforced disappearance.”

The only exceptions to this continued pattern of “arbitrary detention” and “enforced disappearance” are three of the Afghans, who, after suffering the same disgraceful treatment, were repatriated as a result of peace negotiations in Afghanistan involving the Afghan government and Hezb-e Islami Gulbuddin (HIG), a militant group that had supported al-Qaeda at the time of the US-led invasion of 2001, but that reached a peace deal with the Afghan government in 2016.

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The Bleak Legacy of Donald Rumsfeld: Guantánamo, Torture and Two Failed and Astonishingly Destructive Wars

Former US defense secretary Donald Rumsfeld, who has died at the age of 88, and a grimly iconic photo of prisoner abuse in Abu Ghraib prison in Iraq.

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If there was any justice in this world, Donald Rumsfeld, the former US defense secretary from 2001 to 2006 under George W. Bush, who has died at the age of 88, would have been held accountable for his crimes against humanity at Guantánamo, in Afghanistan and in Iraq; instead, he apparently passed away peacefully surrounded by his family in Taos, New Mexico.

In response to the terrorist attacks of September 11, 2001, Rumsfeld directed the US-led invasion of Afghanistan in October 2001, when the Geneva Conventions regarding the treatment of prisoners in wartime were shamefully jettisoned, and he was also responsible for the establishment of the prison at Guantánamo Bay, which opened on January 11, 2002.

At Kandahar and Bagram — and at numerous other prisons across Afghanistan — all those who came into US custody were regarded as “enemy combatants,” who could be held without any rights whatsoever. The torture and abuse of prisoners was widespread, and numerous prisoners were killed in US custody, as I reported in When Torture Kills: Ten Murders In US Prisons In Afghanistan, an article I published 12 years ago today.

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On UN Torture Day, Please Remember the 40 Torture Victims Still Held at Guantánamo

Witness Against Torture campaigners make a stand against torture outside the Trump International Hotel in Washington, D.C. on January 11, 2017, the 15th anniversary of the opening of the prison at Guantánamo Bay.

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Today, June 26, is the UN International Day in Support of Victims of Torture, which was first established 23 years ago, on June 26, 1998, to mark the 11th anniversary of the day that, in 1987, the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into effect.

The long struggle against the use of torture began nearly 40 years before, on December 10, 1948, when, as the UN explains, “the international community condemned torture and other cruel, inhuman or degrading treatment in the Universal Declaration of Human Rights adopted by the United Nations General Assembly.”

Created in response to the horrors of the Second World War, the Universal Declaration of Human Rights represented an aspiration for a better world, which “set out, for the first time, fundamental human rights to be universally protected.” Now translated into over 500 languages, it is “widely recognized”, as the UN also explains, “as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels,” including the Convention Against Torture.

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Who Are the Two “Forever Prisoners” Approved for Release from Guantánamo by Periodic Review Boards?

Guantánamo protests over the years: on the left, Abdulsalam al-Hela’s children call for his release from Guantánamo in Yemen in 2005, and, on the right, Sharqawi al-Hajj’s attorney, Pardiss Kebriaei, calls for his release outside the White House on January 11, 2018.

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In extraordinary news from Guantánamo, two more “forever prisoners” — the Yemeni tribal leader Abdulsalam al-Hela, 53, and Sharqawi al-Hajj, 47, another Yemeni, and a long-term hunger striker — have been approved for release by Periodic Review Boards, the parole-type system established under President Obama, to add to the three approved for release in May.

Eleven of the 40 men still held have now been approved for release — the five under Biden, one under Trump, the only two of the 38 men approved for release by the PRBs under Obama who didn’t manage to escape the prison before he left office, and three other men, still languishing in Guantánamo despite being approved for release by Obama’s first review process, the Guantánamo Review Task Force, in 2010.

No one who cares about the need for Guantánamo to be closed should be in any doubt about the significance of these decisions.

Both men arrived at Guantánamo from CIA “black sites” in September 2004, and were both regarded as being of significance when the Guantánamo Review Task Force published its report about what President Obama should do with the 240 prisoners he inherited from George W. Bush in January 2010. At that time, as was finally revealed when the Task Force’s “Dispositions” were released in June 2013, Sharqawi al-Hajj was one of 36 men “[r]eferred for prosecution,” while al-Hela was one of 48 others recommended for “[c]ontinued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee’s transfer to a detention facility in the United States.”

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Retired Admirals Urge Biden to Release Everyone at Guantánamo Not Charged With a Crime — 28 of the 40 Men Still Held

Retired Rear Admirals Donald J. Guter and John Hutson, who recently wrote an op-ed for the Nation calling on President Biden to release all the men at Guantánamo who have not been charged with a crime — 28 men out of the 40 still held.

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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.

Since Joe Biden became president five months ago, there have been numerous high-profile calls for him to fulfill a promise that President Obama failed to fulfill (when Biden was vice president) and that Donald Trump had no interest in whatsoever; namely, closing the “war on terror” prison at Guantánamo Bay.

A week after President Biden’s inauguration, 111 organizations, including Close Guantánamo, sent a letter to the new president urging him to close the prison, around the same time that seven former prisoners — all authors —  wrote an open letter to Biden, urging the prison’s closure, which was published in the New York Review of Books. Other calls for the prison have come from Bill Clinton advisor Anthony Lake and our co-founder, the attorney Tom Wilner, from Lee Wolosky, former Special Envoy for Guantánamo Closure under Barack Obama, and from former CIA analyst Gail Helt.

The most seismic shift, politically, came in April when 24 Senators wrote a letter to the president, not only urging him to close the prison, but also providing details of how that can be achieved — through the appointment of a senior White House official to oversee the closure process, and also though the re-establishment of the Office of the Special Envoy for Guantánamo Closure at the State Department, established by Obama but shut down under Trump, which was responsible for “identifying transfer countries and negotiating transfer agreements.”

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Biden’s Slow Progress on Closing Guantánamo

A composite image of President Biden and a tattered US flag at Guantánamo.

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An article last week by NBC News — “Biden quietly moves to start closing Guantánamo ahead of 20th anniversary of 9/11” — was widely shared by opponents of the continued existence of the shameful prison at Guantánamo Bay, but frustratingly failed to live up to the promise of its headline.

40 men are still held at Guantánamo, and nine of these men have been approved for release by high-level US government review processes — three in 2010, two in 2016, one in 2020, and three just last month, in decisions taken by the Periodic Review Boards set up under President Obama that show a willingness on the part of the Biden administration to recognize that there is something fundamentally wrong with a system that continues to hold, indefinitely, men who have been held for up to 19 years, and have never been charged with a crime.

The PRBs reviewed the cases of 64 men under Obama, and approved 38 of them for release, but since then the process of reviewing the other 26 men has largely ossified into rigid threat assessments based on the initial decisions taken under Obama. That has finally changed with the recent decisions to approve three men for release, and it is to be hoped that further recommendations for release will be forthcoming in the PRBs, although none of this will mean anything if these men are not actually freed.

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The 15th Anniversary of the Contentious “Triple Suicide” of Three Prisoners at Guantánamo

Yasser al-Zahrani and Ali al-Salami (aka Ali Abdullah Ahmed), two of the three prisoners who died at Guantánamo on the night of June 9, 2006, in what was described by the authorities as a “triple suicide,” an explanation that has been robustly challenged on numerous occasions in the years since. No known photo exists of the third man, Mani al-Utaybi.

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There are some days that are so significant that everyone remembers what they were doing. September 11, 2001 is one such day, when planes flew into the Twin Towers in New York, and for those paying attention to the US response to the 9/11 attacks, January 11, 2002 is also significant, when the first prisoners — “detainees,” in the Bush administration’s words — arrived at Guantánamo.

Almost immediately, defense secretary Donald Rumsfeld authorized the release of photos taken by a serving US soldier — photos that showed US soldiers shouting at men who were kneeling on gravel under the burning sun at a US naval base in Cuba, half a world away from the battlefields of Afghanistan, men who were wearing orange jumpsuits, and who had their eyes, ears and mouths covered, creating the vivid impression that they were being subjected to sensory deprivation.

For US viewers, the photos were not necessarily noteworthy. Prisoners on the US mainland often wear orange, and the clearly abusive conditions captured in the photos were part of a depressingly successful narrative that the Bush administration was selling to the American people — that these men were, as Rumsfeld described it, “the worst of the worst,” terrorists so hardened and so bloodthirsty that, as General Richard E. Myers, the chairman of the Joint Chiefs of Staff, described it, they “would chew through a hydraulics cable to bring a C-17 [transport plane] down.”

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Quarterly Fundraiser: Seeking $2500 (£1800) to Support My Guantánamo Work Over the Next Three Months

Andy Worthington calling for the closure of the prison at Guantánamo Bay outside the White House during the annual vigil for the prison’s closure on January 11, 2020.

Please click on the ‘Donate’ button below to make a donation towards the $2,500 (£1,800) I’m trying to raise to support my work on Guantánamo over the next three months, 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 make a donation to support my reader-funded work on Guantánamo — telling the stories of the men still held, working to get the prison closed, and remembering key events in its long and shameful history.

I began working full-time on Guantánamo over 15 years ago, initially by spending 14 months researching and writing about the prison’s history, and the men held there, for my book The Guantánamo Files, and, ever since, as a freelance journalist and activist. Since May 2007, I’ve written and published nearly 2,400 articles about Guantánamo, and after initially getting into debt writing the book, and then spending some time chasing around for freelance work, I began asking you, my readers, to support my endeavors on a quarterly basis 12 years ago, in June 2009. As I have no institutional backing, I’m dependant on your generosity to enable me to keep writing about Guantánamo, and to call for the prison’s closure, until it is finally consigned to the history books, where it belongs.

Throughout this period, the prison’s newsworthiness has ebbed and flowed. Sometimes I have received only a fraction of the $2,500 I ask for every three months, while at other times your kindness has exceeded my expectations. All along, however, there have been many dozens of people who have regularly donated to fund my work, and I am immensely grateful to all of you, as well as to the many others who have made one-off donations, however large or small.

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Fighting Guantánamo in the Courts Under President Biden

Three of the Guantánamo prisoners who are currently seeking their release from the prison through the US courts. From L to R: Khalid Qassim and Abdulsalam al-Hela, both Yemenis, and Asadullah Haroon Gul, an Afghan.

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I wrote the following article (as “The Ongoing Legal Struggles to Secure Justice for the Guantánamo Prisoners Under President Biden”) 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 nineteen unforgivably long years since the “war on terror” prison at Guantánamo Bay was first established, lawyers have worked tirelessly to challenge and overturn the Bush administration’s outrageous contention that everyone who ended up at Guantánamo was an “enemy combatant” with no rights whatsoever, who could be held indefinitely without charge or trial.

There have been victories along the way, but the sad truth is that Guantánamo’s fundamental lawlessness remains intact to this day. Since 2010, only one prisoner has been freed because of the actions of lawyers and the US courts (a Sudanese man whose mental health issues persuaded the Justice Department, in this one instance only, not to challenge his habeas corpus petition), and, as the four years of Donald Trump’s presidency showed, if the president doesn’t want anyone released from Guantánamo, no legal avenue exists to compel him to do otherwise.

The lawyers’ great legal victories for the Guantánamo prisoners came in the Supreme Court in what now seems to be the distant, long-lost past. In June 2004, in Rasul v. Bush, the Supreme Court ruled that the prisoners had habeas corpus rights; in other words, the right to have the evidence against them objectively assessed by a judge. That ruling allowed lawyers into the prison to begin to represent the men held, breaking the veil of secrecy that had allowed abusive conditions to thrive, but Congress then intervened to block the habeas legislation, and it was not until June 2008 that the Supreme Court, revisiting Guantánamo, ruled in Boumediene v. Bush that Congress had acted unconstitutionally, and affirmed that the prisoners had constitutionally guaranteed habeas rights.

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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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