UN Condemns Arbitrary Detention of Guantánamo Prisoner and Torture Victim Abd Al-Rahim Al-Nashiri, and Calls for His Release

A composite image of Abd Al-Rahim Al-Nashiri and the CIA “black site”in Poland, where he was held from December 2002 to June 2003, and where some the worst torture to which was subjected took place.

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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.

In a truly devastating opinion, the UN Working Group on Arbitrary Detention has condemned the government of the United States for the arbitrary detention, over the last 20 and a half years, of Abd Al-Rahim Al-Nashiri, a 58-year old Saudi national who was imprisoned and tortured in CIA “black sites” for nearly four years, and who has been held, since September 2006, in the prison at Guantánamo Bay, where he was brought with 13 other men described as “high-value detainees.” He is one of nine men facing charges in the prison’s largely dysfunctional military commission trial system, but, as the Working Group explained, although “pretrial hearings” in his case “began on 17 January 2012,” they “remain ongoing and no trial date has been set,” and, in a conclusion that must have unsettled the Biden administration, they called for his release.

Also implicated in his arbitrary detention are seven other countries — Afghanistan, Lithuania, Morocco, Poland, Romania and Thailand, where he was held in CIA “black sites,” and the United Arab Emirates, where he was first seized, without an arrest warrant, in October 2002, and interrogated for a month by Emirati intelligence operatives before being handed over to the CIA. The bulk of the Working Group’s condemnation of Al-Nashiri’s treatment is, however, focused on the US.

In recent months, the UN, which has always condemned the existence of Guantánamo and the human rights violations committed there, as well as in the CIA’s global network of “black sites,” has stepped up its criticism, issuing, via a number of UN experts, a resounding condemnation of life-threatening medical neglect in the case of Abd Al-Hadi Al-Iraqi, another “high-value detainee” (which I discussed here), and, also via the Working Group on Arbitrary Detention, an opinion in the case of Abu Zubaydah — the “high-value detainee” for whom the CIA’s post-9/11 torture program was developed, in the mistaken belief that the was a high-ranking member of Al-Qaeda — which was so hard-hitting that I described it as “the single most devastating condemnation by an international body that has ever been issued with regard to the US’s detention policies in the ‘war on terror,’ both in CIA ‘black sites’ and at Guantánamo.”

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Completely Unnoticed, CIA Torture Victim Abu Faraj Al-Libi Has His Ongoing Imprisonment Without Charge or Trial Approved by a Guantánamo Review Board

“High-value detainee” Abu Faraj al-Libi, photographed at Guantánamo in recent years, and in a “wanted” poster prior to his capture in Pakistan in 2005.

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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.

On August 23, a Periodic Review Board at Guantánamo (an administrative, parole-type review process established by President Obama, featuring high-level US government officials) approved the ongoing imprisonment without charge or trial of Abu Faraj al-Libi, one of 14 “high-value detainees” who were brought to Guantánamo from CIA “black sites” in September 2006, and the last of the 14 to be captured.

Al-Libi’s hearing took place on June 23, and was the first time he had engaged with the PRB process since it was established in 2013. This ought to be have been newsworthy, but, in fairness, no media outlet could have been expected to know that he would finally deign to appear at the hearing, after refusing to take part in any previous opportunities to engage with the US authorities — or with the wider world.

However, it is a sad sign of the general lack of media interest in the shameful extra-judicial world of Guantánamo, where he has been held for 16 years without charge or trial, that only one media outlet — the New York Times — even bothered to find out what the board decided in his case after this first, momentous personal appearance, with veteran Guantánamo reporter Carol Rosenberg tweeting on August 29, “Just in: The Guantánamo review board has upheld the indefinite detention of the never charged former CIA prisoner called Abu Faraj al-Libi.”

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Abd Al-Hadi Al-Iraqi is First “High-Value Detainee” To Accept Plea Deal at Guantánamo, Could Be Freed by 2024

Abd al-Hadi al-Iraqi, in a photo taken at Guantánamo in recent years by representatives of the International Committee of the Red Cross.

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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.

Two weeks ago, a significant event took place at Guantánamo, when Abd al-Hadi al-Iraqi, a 60- or 61-year old “high-value detainee,” whose real name is Nashwan al-Tamir, and who was one of the last prisoners to arrive at Guantánamo, in April 2007, admitted to being involved in war crimes in a plea deal that could see him released from the prison by 2024.

It is the first plea deal reached with a “high-value detainee” under President Biden, and may indicate a way forward for the other nine “high-value detainee” trials, including those of the five men accused of involvement in the 9/11 attacks, and of Abd al-Rahim al-Nashiri, accused of involvement in the attack, in 2000, on the USS Cole, in which 17 US Navy sailors were killed. The trials are stuck in seemingly endless pre-trial hearings, largely because of the seemingly unresolvable problem of providing fair trials to men who were tortured, and it is noteworthy that, in March, it was reported that plea deals were being discussed in connection with the 9/11 trial.

When al-Iraqi arrived at Guantánamo over 15 years ago, the Pentagon described him as “one of al-Qaeda’s most senior and most experienced operatives,” although details about how he ended up at Guantánamo were rather more shady. A Pentagon spokesman, Bryan Whitman, explained that he had been transferred to DoD custody from the custody of the CIA, although he “would not say where or when al-Iraqi was captured or by whom,” while a US intelligence official, “speaking on condition of anonymity because of the sensitivity of the matter,” told the Associated Press that al-Iraqi had been captured in late 2006 “in an operation that involved many people in more than one country.”

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Joe Biden’s Guantánamo: New York Times Highlights Decaying Prison Cells and Broken Judicial System; Observer Notes Return of Hope

A composite image of President-elect Joe Biden and the prison at Guantánamo Bay.

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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.

In the guessing game that is the incoming Biden administration’s policy regarding the moral stain on the US that is the “war on terror” prison at Guantánamo Bay, which will mark the 19th anniversary of its opening just two weeks’ time, three New York Times reporters — Carol Rosenberg, Charlie Savage and Eric Schmitt — recently highlighted some of the issues that Joe Biden will have to address when he take office, in an article entitled, “‘In Bad Shape and Getting Worse,’ Guantánamo Poses Headaches for Biden.”

The Times largely sidestepped the glaring injustice of the entire facility — where 40 men are still held, for the most part, in open-ended indefinite detention without charge or trial, in defiance of domestic and international norms regarding imprisonment — focusing instead on the prison’s “decaying infrastructure” and its broken judicial system, the military commissions.

On the bigger picture, the reporters noted only that Biden “has yet to lay out plans for Guantánamo,” but that, “according to people familiar with transition deliberations,” his administration “is not expected to repeat President Barack Obama’s splashy but ultimately unmet promise in 2009 to close the prison within a year.”

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17 Years Since the Notorious Yoo-Bybee “Torture Memos,” the US Still Finds Itself Unable to Successfully Prosecute the Men It Tortured

John Yoo, Jay S. Bybee and prisoners on a rendition plane.

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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.

August 1 was the 17th anniversary of a particularly grotesque and dispiriting event in modern US history, one that has ramifications that are still being felt today, even though it was completely unnoticed — or ignored — by the US media. 

On August 1, 2002, Jay S. Bybee, then the Assistant Attorney General for the Office of Legal Counsel (OLC), the branch of the Justice Department responsible for advising the executive branch on what is, and what is not legal, signed off on two blatantly unlawful memos written by OLC lawyer John Yoo, which attempted to re-define torture, and approved its use on Abu Zubaydah, a prisoner of the “war on terror” that the US declared after the terrorist attacks of September 11, 2001, who was being held in a secret prison — a “black site” — run by the CIA.

The memos remained secret until June 2004, when, in the aftermath of the Abu Ghraib scandal, when photos were leaked of torture in a US-run prison in Iraq, one of the Yoo-Bybee memos was also leaked, provoking widespread disgust, although Yoo and Bybee escaped the criticism unscathed. For his services, Bybee was made a judge on the Ninth Circuit Court of Appeals, while Yoo kept his job as a law professor at the University of Berkeley. 

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Reviewing the Guantánamo Art Show in New York That Dared to Show Prisoners As Human Beings, and Led to a Pentagon Clampdown

Artwork by former Guantanamo prisoner Mohammed al-Ansi, shown in 'Ode to the Sea: Art from Guantanamo Bay', an exhibition in New York. This is a screenshot of the home page of the website.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 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.

Back in November, a disturbing story emerged from Guantánamo — of how a ten-year policy of allowing prisoners to give away art they have made at the prison to their lawyers and, via them, to family members had been stopped by the authorities, in response to an exhibition of prisoners’ artwork at the John Jay College of Criminal Justice, part of the City University of New York, which is known for its criminal justice, forensic science, forensic psychology, and public affairs programs.

The Pentagon had taken exception to an email address provided for people who were “interested in purchasing art” from the artists featured in the show. A Pentagon spokesman, Air Force Maj. Ben Sakrisson, said on November 15 that “all Guantánamo detainee art is ‘property of the US government’ and ‘questions remain on where the money for the sales was going.’”

One problem with this position was that some of the art was by prisoners who are no longer at the prison, which surely raises questions about the extent of the Pentagon’s claimed “ownership” of their work, but the Department of Defense wasn’t interested in having that pointed out. Instead, a spokeswoman at the prison, Navy Cmdr. Anne Leanos, said in a statement that “transfers of detainee made artwork have been suspended pending a policy review,” and Ramzi Kassem, a professor at City University of New York School of Law whose legal clinic represents Guantánamo prisoners, said that one particular prisoner had been told that, if any prisoner were to be allowed to leave Guantánamo (which, crucially, has not happened under Donald Trump), “their art would not even be allowed out with them and would be incinerated instead.” Read the rest of this entry »

US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo

Mohammad Rahim, an Afghan prisoner at Guantanamo, regarded as a "high-value detainee," in photo taken by representatives of the International Committee of the Red Cross, who made it available to his family, who, in turn, made it publicly available.Please support my work! 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 trying to catch up on a few stories I’ve missed out on reporting about recently, I’d like to draw readers’ attention to a petition submitted to the Inter-American Commission on Human Rights on behalf of Mohammad Rahim, a CIA torture victim held at Guantánamo, who was, in fact, the last prisoner to arrive at the prison in March 2008.

The petition was submitted by Major James Valentine, Rahim’s military defence attorney, and the researcher Arnaud Mafille, and it follows previous submissions to the IACHR on behalf of Djamel Ameziane, whose release was requested in April 2012 (and who was eventually released, but not as a direct result of the IACHR ruling), and Moath al-Alwi, whose lawyers submitted a petition on his behalf in February 2015, which led to the IACHR issuing a resolution on March 31, 2015 calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Al-Alwi was, at the time, a hunger striker, and in the petition his lawyers stated that, “During his detainment at Guantánamo, Mr. al-Alwi has been systematically tortured and isolated. He has been denied contact with his family, slandered and stigmatized around the globe. He has been denied an opportunity to develop a trade or skill, to meet a partner or start a family. He has been physically abused, only to have medical treatment withheld.” Read the rest of this entry »

Please Read My New Article for Al-Jazeera, About How Torture Victims in Guantánamo Should Be Allowed a Visit by UN Rapporteur Juan Méndez

Ali Abd al-Aziz Ali (aka Ammar al-Baluchi), photographed in Guantanamo by representatives of the International Committee of the red Cross, in a photo made available to his family and later released to the public.Yesterday, I was delighted that Al-Jazeera published my op-ed, “Guantánamo torture victims should be allowed UN visit,” the first op-ed I’ve written for Al-Jazeera for over a year a a half. You can check out my archive of Al-Jazeera articles here.

The op-ed came about as a result of my recently renewed focus on the military commissions at Guantánamo, a broken system that is incapable of delivering justice to the ten men still held who are facing — or have faced — military commission trials. For more, see my recent articles, Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan, and also my recent update of The Full List of Prisoners Charged in the Military Commissions at Guantánamo.

61 men are still held at Guantánamo, and while 20 have been approved for release, and will hopefully be freed soon, and 23 others continue to be held without charge or trial, those men are, at least, subject to periodic reviews of their cases, whereas those facing trials are caught in a system that is proceeding with such glacial slowness that it is uncertain if a date for their trials can be set with any kind of certainty, and this, of course, is a profound failure of justice considering that they have been in US custody for up to 14 years. Read the rest of this entry »

Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,” have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

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On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). 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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