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On Friday, Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), a notorious victim of torture in the CIA’s “black site” program, who has been held without charge or trial at Guantánamo since September 2006, submitted a complaint to the UN Working Group on Arbitrary Detention, regarding the lawless nature of his imprisonment and treatment since he was first seized in a house raid in Pakistan in March 2002.

The case has been submitted by Helen Duffy, Abu Zubaydah’s international legal representative since 2010, who represented him in his successful cases before the European Court of Human Rights regarding his “black site” detention in Poland and Lithuania, and the complaint accuses seven countries of having responsibility for his long imprisonment and mistreatment — not only (and primarily) the US, but also Thailand, Poland, Morocco, Lithuania and Afghanistan, the five countries in which he was held in “black sites” over a period of four and a half years, and the UK, which is accused of having “participated in other ways in the ‘global spider’s web’ of complicity in rendition,” primarily via “estimates that UK personnel were involved in approximately 2,000-3,000 interviews of CIA detainees in the aftermath of 9/11”, as indicated by the findings of the UK Parliament’s Intelligence and Security Committee (ISC) in 2019.

In a press release, Duffy explains that this is “the first international case brought by Zubaydah against the United States,” and is also “the first time that international legal action is taken against the UK, Afghanistan, Morocco and Thailand for their complicity in the US rendition and secret detention program.” In addition it is “the first time that a case has been brought against all states participating in an individual’s rendition and torture and ongoing unlawful detention at Guantánamo.”

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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.

I was on vacation recently when a terrible anniversary passed unnoticed by the mainstream media — the 16th anniversary of two official US government memos authorizing the use of torture, and specifically approving it for use on Abu Zubaydah, which were issued on August 1, 2002.

A Saudi-born Palestinian, Zubaydah — whose real name is Zayn al-Abidin Muhammad Husayn — was seized in a house raid in Faisalabad, Pakistan on March 28, 2002, and held and tortured in CIA “black sites” until, in September 2006, he was sent to Guantánamo, where he remains to this day, held largely incommunicado, and without being charged or put on trial. 

In a useful article for the generally dreadful Lawfare blog, whose existence normalizes the notion of indefinite imprisonment without charge or trial, one of his lawyers, Charles R. Church, recently wrote an article entitled, “What Politics and the Media Still Get Wrong About Abu Zubaydah,” in which he wrote, “Perhaps not since the French political scandal known as the Dreyfus Affair, at the turn of the 20th century, has there been such a concerted campaign to promulgate false information about a prisoner. In our client’s case, the motive was to gain permission to torture Abu Zubaydah and to provide a basis for holding him incommunicado and in isolation.” Read the rest of this entry »

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.

In two devastating rulings on May 31, the European Court of Human Rights found that the actions of the Romanian and Lithuanian governments, when they hosted CIA “black sites” as part of the Bush administration’s post-9/11 torture program, and held, respectively, Abd al-Rahim al-Nashiri and Abu Zubaydah, who have both been held at Guantánamo since September 2006, breached key articles of the European Convention on Human Rights; specifically, Article 3, prohibiting the use of torture, Article 5 on the right to liberty and security, Article 8 on respect for private life, and Article 13 on the right to an effective legal remedy.

The full rulings can be found here: Abu Zubaydah v. Lithuania and Al-Nashiri v. Romania.

In the case of al-Nashiri, who faces a capital trial in Guantánamo’s military commission trial system, as the alleged mastermind of the bombing of USS Cole in 2000, in which 17 US sailors died, the Court also found that the Romanian government had denied him the right to a fair trial under Article 6 of the ECHR, and had “exposed him to a ‘flagrant denial of justice’ on his transfer to the US,” as Deutsche Welle described it, adding that the judges insisted that the Romanian government should “seek assurances from the US that al-Nashiri would not be sentenced to the death penalty, which in Europe is outlawed.” Abu Zubaydah, it should be noted, has never been charged with anything, even though the torture program was initially created for him after his capture in a house raid in Pakistan in March 2002. At the time, the US authorities regarded him as a senior figure in Al-Qaeda, although they subsequently abandoned that position. Read the rest of this entry »