After Years in Secret Prisons, UAE Threatens Unsafe Repatriations to Yemen for Former Guantánamo Prisoners

Photos of 16 of the 18 Yemenis sent from Guantánamo to Yemen between 2015 and 2017, who were imprisoned instead of, as promised, being given new lives, and who are now being threatened with being sent back to Yemen, despite the dangers involved. The photos are taken from the classified military files from Guantánamo that were released by Wikileaks in 2011, and on which I worked as a media partner.

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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.

Depressing but important news about life after Guantánamo was published by the Associated Press on Wednesday, focusing on the appalling treatment that former Guantánamo prisoners have received since being resettled in the United Arab Emirates between November 2015 and January 2017, when President Obama left office; specifically, 18 Yemenis (out of 23 men in total sent to the UAE), who have now been told that the UAE is preparing to repatriate them, even though their lives may well be at risk in Yemen.

As reporter Maggie Michael described it, the prisoners “were promised they were being sent to a Muslim country for rehabilitation that would help integrate them into society, opening the way to jobs, money, and marriage, according to their lawyers and families. It was a lie.”

To anyone paying close attention, this wasn’t news. The Washington Post reported in May 2018 that former prisoners sent to the UAE after being unanimously approved for release by high-level US government review processes remain imprisoned, despite promises that their new host country would help them rebuild their lives. Missy Ryan’s story was entitled, “After over a decade at Guantanamo, these men were supposed to go free. Instead, they’re locked in a secretive center in the UAE.”

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Good News! Former Guantánamo Prisoners Released from UAE to Afghanistan

Two of the three Afghan nationals and former Guantánamo prisoners who were recently repatriated to Afghanistan, having initially been released from Guantánamo to the UAE in 2016-17. On the top row: Hamidullah (aka Mawlawi Hamdullah Tarakhail) photographed at Guantánamo over a decade ago, and subsequently photographed after his return to Afghanistan. On the bottom row: Obaidullah, photographed before his capture at the age of 18, and subsequently photographed after his return to Afghanistan.

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At the start of the year, I stumbled across a couple of news sources reporting that three former Guantánamo prisoners — all Afghan nationals — had been repatriated to Afghanistan from the United Arab Emirates (UAE), where they had been sent by Barack Obama between November 2015 and January 2017, just before Donald Trump took office.

The reason for the men’s release wasn’t given in these reports, and while I picked up a few hints about what had happened on my US trip to call for the closure of Guantánamo (from January 10-20), it wasn’t until last week that I was alerted to a more thorough explanation of their repatriation, via the Afghanistan Analysts Network (AAN), “an independent non-profit policy research organisation,” established in 2009, and, specifically, via ‘Freed at Last: Three Afghans sent to Guantánamo in 2002 and 2003 are finally home,’ an article by Kate Clark, who has been involved wth Afghanistan since 1999 when she was the BBC’s Kabul correspondent, and who, in 2016, authored a detailed report, “Kafka in Cuba: The Afghan Experience in Guantánamo.”

In total, 23 men were sent from Guantánamo to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016 (see here and here), and one Russian, one Afghan and one Yemeni in January 2017 — but as Kate Clark explains, although the men “sent to the UAE believed — as did their families and lawyers — that they were also heading for temporary detention and then resettlement and family reunion,” what transpired instead was that, “for almost all of the last three years, the UAE authorities … held them in al-Rizan maximum security prison”, where they “were allowed family visits, but were not permitted to see their lawyers or the International Committee of the Red Cross (ICRC).”

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Obama Releases 15 Prisoners from Guantánamo to UAE; Just 61 Men Now Left (Part 2 of 2)

Mahmud al-Mujahid (aka Mahmoud-al-Mujahid), in a photo included in the classified military files relating to the Guantanamo prisoners that were released in 2011.Last week, 15 prisoners were released from Guantánamo to the United Arab Emirates, the largest single release of prisoners under President Obama, bringing the total number of men held to just 61. 12 of the 15 men are Yemenis, and the other three are Afghans. A third country had to be found that would offer them new homes, because the entire US establishment refuses to repatriate any Yemenis, on the basis that the security situation in Yemen means they cannot be adequately monitored, and Afghans cannot be repatriated because of legislation passed by Congress.

On Sunday I published an article about six of the Yemenis, who were all approved for release from Guantánamo in 2010, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established to review the cases of all the men held when he took office and to decide whether they should be freed or prosecuted, or whether they should continue to be held without charge or trial.

The other nine men were approved for release by Periodic Review Boards, the latest review process, which began in 2013, and which was set up to review the cases of men who had not already been approved for release, and are not facing trials (and just ten men are in this latter category). The reviews started in November 2013, and, to date, 33 men have been approved for release, while 19 have had their ongoing imprisonment upheld, a 63% success rate. This is an extraordinary success rate for men previously described as “too dangerous to release,” by the task force, and it clearly establishes that the task force was unnecessarily cautious in its appraisal of the prisoners held when President Obama took office. Read the rest of this entry »

Afghan Approved for Release from Guantánamo, as Lawyer Presents Persuasive Case for Release of Yemeni Who Has Become A Prolific Artist

Yemeni prisoner Muhammad al-Ansi in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.As the dust settles on President Obama’s plan to close the prison at Guantánamo Bay before he leaves office, and defense secretary Ashton Carter urges Congress to drop its ban on bringing prisoners to the US mainland, one key element of the plan — Periodic Review Boards, assessing, on a case by case basis, whether or not around half of the 91 men still held can be released — continue to deliver significant results.

Two weeks ago, a Yemeni, Majid Ahmad — once, I believe, mistakenly described as a bodyguard for Osama bin Laden — was approved for release, and last week the Periodic Review Secretariat announced another release, bringing the total number of men approved for release to 19, out of 22 results, a success rate of 86%. 36 of the 91 men still held have now been approved for release, 24 since 2010, and 12 through the PRBs (to add to the seven men already freed as a result of the PRBs).

As I noted last week, the success rate “reveals the extent to which dangerous hyperbole has played such a significant part in the story of Guantánamo, as these are men regarded six years ago as ‘too dangerous to release’ by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, even though the task force also conceded that insufficient evidence existed to put them on trial,” which “should have been a sign that the information used to continued imprisoning these men was profoundly unreliable, produced through the use of torture or other forms of abuse, or through bribing prisoners with better living conditions.” Read the rest of this entry »

Two Yemenis Approved for Release from Guantánamo Via Periodic Review Boards As “Highly Compliant” Afghan and Another Yemeni Also Seek Release

Zahir Hamdoun, in a photo made available by his lawyers at the Center for Constitutional Rights.I wrote the following article 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. Please also get involved in the new Countdown to Close Guantánamo.

Two weeks into the Guantánamo prison’s 15th year of operations, the last of a wave of recent releases has taken place — with 16 men freed between January 6 and January 20 — but progress towards the prison’s closure continues.

Of particular significance on this front are the ongoing Periodic Review Boards. Of the 91 men still held, 34 have been approved for release. 24 of those men were approved for release six unforgivably long years ago, by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009, but ten others have been approved for release in the last two years, by Periodic Review Boards, set up to review the cases of most of the other men still held at Guantánamo. Just ten of these men are facing– or have faced — trials, leaving 47 others awaiting PRBs, or the result of PRBs, or, in a few cases, repeat reviews. Just ten of the men still held are facing, or have faced trials.

Initially, the PRBs were meant to be for 48 men recommended for ongoing detention by the task force in January 2010 on the basis that they were “too dangerous to release,” even though the task force’s members acknowledged that insufficient evidence existed to put them on trial. President Obama at least tacitly acknowledged that this was a disgraceful basis on which to deprive people of their liberty, by promising periodic reviews of the men’s cases when he authorized their ongoing detention in March 2011, although he failed to spell out why — because, of course, not having enough evidence to try someone means that the information you hold is not evidence at all, but rumors, hunches and hearsay, from frontline interrogations made shortly after capture, when the use of violence was widespread, and from other statements made by the prisoners later, about themselves and about each other, in interrogations at Guantánamo — or, in some cases, “black sites” — where the use of torture, abuse and bribery (the promise of better living conditions) was widespread. Read the rest of this entry »

Prisoners in Guantánamo Ask to be Freed Because of the End of the War in Afghanistan

Guantanamo prisoner Obaidullah before his capture, in a photo provided to his lawyers by his family in Afghanistan.I wrote the following article 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.

On March 30, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration asking for their clients to be released.

The five men in question are: Haji Hamdullah (aka Haji Hamidullah), ISN 1119; Mohammed Kamin, ISN 1045; Bostan Karim, ISN 975; Obaidullah, ISN 762; and Abdul Zahir, ISN 753.

The lawyers wrote, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.” Read the rest of this entry »

US in Talks to Return the 17 Afghan Prisoners in Guantánamo

Earlier this year, there was much discussion in the US media about the possibility that, as part of negotiations aimed at securing peace in Afghanistan, the US would release five high-level Taliban prisoners in Guantánamo to Qatar, where they would be held under a form of house arrest.

Those plans came to nothing, but last week the Associated Press reported that the Obama administration was “considering a new gambit to restart peace talks with the Taliban,” which would involve some — or all — of the 17 remaining Afghan prisoners still held in Guantánamo being transferred to Afghanistan, to be held in the Parwan Detention Facility near Bagram, the huge prison established to replace the original prison at Bagram, where several prisoners were killed in the early years of the “war on terror.”

As part of the Obama administration’s 2014 deadline for withdrawing forces from Afghanistan, the Parwan Detention Facility is scheduled to be transferred to Afghan control in September this year, and the fate of the remaining Afghans in Guantánamo is clearly part of the negotiations for all parties involved — the Taliban and the Karzai government, as well as the US. 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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