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 the prisoners at Guantánamo currently cut off more than ever from the outside world, as the coronavirus threat has brought visits from their attorneys to an end for the foreseeable future, the only way we can hear anything from any of the 40 men still held is if they have written to their attorneys, or if their attorneys have notes from previous meetings with their clients that have been unclassified after being reviewed by the Pentagon’s censorship team.
If any attorneys have any words of their clients that they’d like to share with the world, we’ll be happy to publish them, but in the meantime we’re delighted to cross-post below an article by Asadullah Haroon Gul, one of the last two Afghan prisoners in Guantánamo, and one of the last prisoners to arrive at the prison, in 2007, whose previous missive about Guantánamo — about the threat the coronavirus poses to the men still held — was the subject of our last article, just a few weeks ago.
In this second article, published in Afghanistan Times, Gul specifically focuses on his status as one of the last two Afghan prisoners in Guantánamo (mistakenly describing himself as the last Afghan in the prison, and overlooking Muhammad Rahim, who was the last prisoner to arrive at the prison, in March 2008), and also ties this in with descriptions of some of the other Afghan prisoners held and freed. He also makes a useful distinction, regarding the 40 men still held, between those regarded as “high-value detainees” (HVDs) held in the secretive Camp 7, and the rest — himself included — who he describes as “no value detainees” (NVDs).
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).”
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.
There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes.
23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office.
All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »
With Donald Trump promising, in a draft executive order leaked to the New York Times, to keep Guantánamo open, to stop all releases until after a new review process has reported back to him, and to reintroduce torture and “black sites,” the last few days of the Obama administration now seem like ancient history, but it was just last Thursday — Obama’s last day in office — that the last four prisoners on his watch were released from Guantánamo, and sent to the United Arab Emirates and Saudi Arabia.
The releases unfortunately leave five men approved for release still held at the prison, along with ten men facing (or having faced) trials, and 26 others eligible for ongoing Periodic Review Boards, unless Donald Trump scraps them. Three of the five approved for release had those decisions taken back in 2009, while the other two were approved for release last year, but it is worrying for all of them that Donald Trump has no interest in the fact that the decisions about them were taken unanimously by high-level US government review processes.
The fact that these five men approved for release are still held — and that 41 men in total are still at the prison — is a profound disappointment, to put it mildly, and Trump’s bellicose attitude already makes it apparent that President Obama’s failure to fulfill his promise to close Guantánamo once and for all cannot be considered an abstract failure, as it plays directly into Donald Trump’s hands. Had Obama prioritized closing Guantánamo much earlier in his presidency, and taken on Congress with the required forcefulness, it would have been closed, and Donald Trump would, I believe, have faced an impossible uphill struggle to reopen it.
So who are the four men who managed to escape from Guantánamo before Trump shut the prison door? Read the rest of this entry »
From November 2013 until last month, reviews — Periodic Review Boards — took place for 64 Guantánamo prisoners who had been assessed as “too dangerous to release” or eligible for prosecution by the previous review process, conducted by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office in January 2009.
The PRBs — consisting 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 — have so far delivered 57 decisions, approving 34 men for release, while upholding the ongoing imprisonment of 25 others. Five decisions have yet to be taken in the process, which is similar to parole, although with one obvious difference— none of the men at Guantánamo have been tried or convicted. Like parole, however, the PRBs require them to show remorse, and to demonstrate that they would establish peaceful and constructive lives if released.
The success rate in the PRBs to date — 58% — confirms that the decisions in 2009 demonstrated unnecessary caution on the part of the officials who made up the Guantánamo Review Task Force. For further details, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website that I established in January 2012 with the US attorney Tom Wilner. Read the rest of this entry »
On August 25, an Afghan prisoner at Guantánamo, Haji Wali Mohammed, who was born in February 1965 or 1966, became the 62nd prisoner to face a Periodic Review Board. The PRBs — whose closest analogy are parole boards — were set up in 2013 to review the cases of all the prisoners who had not already been approved for release and were not facing trials, and in total 64 men have had their cases reviewed. The last two reviews took place on September 1 and September 8, and I’ll be writing about them very soon.
Of the 64, 12 decisions have yet to be taken, but of the 52 cases decided (see my definitive PRB list here), the board members — comprising 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 — approved 33 men for release, while upholding the ongoing imprisonment of 19 others. That’s a success rate for the prisoners of 63%, which is a rather damning indictment of the caution exercised by the previous review board, the Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, and made the recommendations for the ongoing imprisonment of the 64 men who have ended up facing PRBs.
23 of the 64 had been recommended for prosecution by the task force, until the basis for prosecutions in Guantánamo’s military commissions largely collapsed as a result of a number of devastating appeals court rulings in Washington, D.C., in which judges dismissed some of the handful of convictions secured in the commissions, and concluded that the war crimes in question had been invented by Congress. Read the rest of this entry »
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 »
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, singer/songwriter (The Four Fathers).
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