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 »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

“High-Value Detainee” Hambali Seeks Release from Guantánamo Via Periodic Review Board

Guantanamo prisoner Hambali (Riduan Isamuddin), photographed at Guantanamo, in a photo included in the classified military files released by WikiLeaks in 2011.On August 18, Hambali, a “high-value detainee” held at Guantánamo since September 2006, became the 60th Guantánamo prisoner to face a Periodic Review Board. The PRBs were set up in 2013 to review the cases of all the prisoners not already approved for release or facing trials, and the last of 64 reviews will be taking place next week. To date, 33 men have been approved for release, while just 19 men have had their ongoing imprisonment upheld. Eleven further decisions have yet to be taken. For further details, see my definitive Periodic Review Board list on the Close Guantánamo website.

Hambali, an Indonesian born in April 1964, was born Encep Nurjaman, but is also known as Riduan Isamuddin. In the US government’s unclassified summary for his PRB, he was described as “an operational mastermind in the Southeast Asia-based Islamic extremist group Jemaah Islamiyah (JI),” who “served as the main interface between JI and al-Qa’ida from 2000 until his capture in mid-2003.”

Hambali was seized in Bangkok, Thailand in August 2003, with another “high-value detainee,” Mohammed Bashir bin Lap aka Lillie (ISN 10022), whose review took place three weeks ago, in the same week as another of Hambali’s associates, Mohd Farik bin Amin aka Zubair (ISN 10021). Read the rest of this entry »

14 Years Incommunicado: Abu Zubaydah, Guantánamo Prisoner, CIA Torture Victim, and the Al-Qaeda Leader Who Wasn’t

"High-value detainee" Abu Zubaydah, in the first photo of him that was made publicly available.Over ten years since I started working full-time on Guantánamo, there has been undeniable progress in some areas, and absolutely no movement in others. Hundreds of prisoners have been freed, which has been hugely important for a place in which only a few percent of the men — and boys — held there have ever, realistically, been accused of involvement with terrorism, and, after far too many years of delays and inaction, President Obama has been pushing to finally get the prison closed, albeit over seven years since he first promised to do so within a year.

Just 80 men are currently held, and while it is still unclear if the president will be able to close Guantánamo before he leaves office, as Congress will have to drop its ban on bringing any prisoner to the US mainland for any reason, or he will have to close it by executive action, which may or may not be practical or possible, it is conceivable that the end of Guantánamo is within sight.

And yet, for all of the men abused in Guantánamo, and elsewhere in America’s brutal “war on terror,” it is noticeable that no one has been held accountable for their suffering, and, for some of the 80 men still held, it also appears that no end to their suffering is in sight. I’m thinking in particular of some of the so-called “high-value detainees,” 15 men, including 13 who were brought to the US from CIA “black sites” — torture prisons — in September 2006, after up to four and a half years held incommunicado. One of those men — the first to be seized, in fact — may be the most unfortunate of all: Abu Zubaydah. Read the rest of this entry »

Torture: The Elephant in the Room at Guantánamo’s Military Commissions

For seven and a half years now, I have watched as the United States has tried and failed to make its trial system at Guantánamo — the military commissions — function in a way that has any kind of legitimacy.

That, however, is impossible, because the trials involve made-up war crimes, invented by Congress, and, as we see on a regular basis when pre-trial hearings are held in the cases of Khalid Sheikh Mohammed (KSM) and four other men accused of involvement in the 9/11 attacks, because there is an unresolvable tension at the heart of the most serious trials — those involving the “high-value detainees,” like KSM and his co-defendants, and also Abd al-Rahim al-Nashiri, another “high-value detainee” charged with involvement in the bombing of the USS Cole in 2000, all of whom were held — and tortured — in secret “black sites” run by the CIA in countries including Thailand and Poland.

This tension was highlighted in “You Can’t Gag Somebody and Then Want to Kill Them,” an article for the Huffington Post last week by Katherine Hawkins, a researcher and lawyer who recently worked as the Investigator for the Constitution Project’s Task Force on Detainee Treatment, whose powerful report I discussed here. Read the rest of this entry »

WikiLeaks and the 14 Missing Guantánamo Files

In the classified US military files recently released by WikiLeaks, and identified as Detainee Assessment Briefs (DABs), files relating to 765 of the 779 prisoners held at the prison since it opened on January 11, 2002 have been released. The other 14 files are missing, and this article addresses who these prisoners are and why their files are missing, and also, where possible, tells their stories. As of May 18, this list includes an Afghan prisoner, Inayatullah, who “died of an apparent suicide” at the prison, according to the US military.

Two suspicious omissions: Abdullah Tabarak and Abdurahman Khadr

Of the 14 missing stories, just two are overtly suspicious. The first of these is the file for Abdullah Tabarak Ahmad (ISN 56), a Moroccan who, according to a Washington Post article in January 2003, “was one of [Osama] bin Laden’s long-time bodyguards,” and who, in order to help bin Laden to escape from the showdown with US forces in Afghanistan’s Tora Bora mountains in December 2001, “took possession of the al-Qaeda leader’s satellite phone on the assumption that US intelligence agencies were monitoring it to get a fix on their position.” Whether or not there is any truth to this story is unknown, as the Post‘s source was a number of “senior Moroccan officials,” who have visited Guantánamo, and had interviewed Tabarak. One official said, “He agreed to be captured or die. That’s the level of his fanaticism for bin Laden. It wasn’t a lot of time, but it was enough.” Moroccan officials also stated that Tabarak, who was 43 years old at the time, “had become the ’emir,’ or camp leader,” at Guantánamo. Read the rest of this entry »

“High-Value Detainee” Abu Zubaydah Blinded By the Bush Administration

The story of Abu Zubaydah has fascinated me for many years — since I was writing my book The Guantánamo Files, specifically, and, in my journalism, since I first wrote extensively about him in my April 2008 article, The Insignificance and Insanity of Abu Zubaydah: Ex-Guantánamo Prisoner Confirms FBI’s Doubts. Since then, I have returned to his story repeatedly, in articles including Abu Zubaydah: The Futility Of Torture and A Trail of Broken Lives and Who Authorized The Torture of Abu Zubaydah? (in 2009) and Abu Zubaydah: Tortured for Nothing, The Torture of Abu Zubaydah: The Complaint Filed Against James Mitchell for Ethical Violations, In Abu Zubaydah’s Case, Court Relies on Propaganda and Lies and New Evidence About Prisoners Held in Secret CIA Prisons in Poland and Romania (in 2010), and Algerian in Guantánamo Loses Habeas Petition for Being in a Guest House with Abu Zubaydah and Former CIA “Ghost Prisoner” Abu Zubaydah Recognized as “Victim” in Polish Probe of Secret Prison (this year).

As the supposed “high-value detainee” for whom the CIA’s torture program was specifically developed, and who, after John Yoo and Jay S. Bybee wrote and approved the notorious torture memos of August 1, 2002, was waterboarded 83 times, Zubaydah is pivotal to any assessment of the CIA’s torture program, and what makes his story particularly poignant — while reflecting awfully on the Bush administration’s supposed intelligence — is the fact that it should have been clear from the very beginning to the CIA, and to senior Bush administration officials, up to and including the President, that Zubaydah was not , as touted, the number three in al-Qaeda, but was instead the mentally damaged gatekeeper of a military training camp — Khaldan — that was only tangentially associated with al-Qaeda, and was, in fact, closed down by the Taliban, after its emir, another notorious “ghost prisoner” named Ibn al-Shaykh al-Libi, refused to bring it under the command of Osama bin Laden.

In the wake of WikiLeaks’ recent release of classified military documents relating to the Guantánamo prisoners (the Detainee Assessment Briefs, or DABs), my friend and colleague Jason Leopold had an excellent story out yesterday on Truthout, which, in essence, analysed why, in the photo of Abu Zubaydah available in the documents, he is wearing an eye patch, when, in the few photos available from before his capture, he clearly had both his eyes. Read the rest of this entry »

Osama bin Laden’s Death, and the Unjustifiable Defense of Torture and Guantánamo

With the reported assassination of Osama bin Laden, one of the most alarming responses has been a kind of casual and widespread acceptance that the death of America’s number one bogeyman would not have been achieved without the use of torture, and without the existence of Guantánamo.

This is wrong on both fronts, as Jane Mayer of the New Yorker explained in response to an early manifestation of the story, put out by torture apologists Liz Cheney and Bill Kristol:

It may have taken nearly a decade to find and kill Osama bin Laden, but it took less than twenty-four hours for torture apologists to claim credit for his downfall.

Keep America Safe, an organization run by former Vice President Dick Cheney’s daughter Liz Cheney and Bill Kristol, released a victory statement today that entirely failed to mention President Obama, but lavishly credited “the men and women of America’s intelligence services who, through their interrogation of high-value detainees, developed the information that apparently led us to bin Laden.” Read the rest of this entry »

On CounterSpin, Andy Worthington Discusses WikiLeaks’ Guantánamo Files, Lucinda Marshall Discusses Exposé of Author Greg Mortensen

During a brief media frenzy last week, following the release, by WikiLeaks, of classified military documents relating to almost all of the 779 prisoners held in Guantánamo, I was interviewed on Democracy Now!, by the BBC and Press TV, by Antiwar Radio, by Alexa O’Brien for WikiLeaks Central, and by other media outlets, including FAIR (Fairness and Accuracy in Reporting), for the weekly CounterSpin show, which also featured Lucinda Marshall discussing revelations that the best-selling author Greg Mortensen may have been economical with the truth in his best-selling “memoir,” Three Cups of Tea.

A national media watch group, FAIR, founded in 1986, keeps a close eye on bias in the mainstream media in the United States, which is, of course, a colossal task. I’m delighted to have written for FAIR’s Extra! magazine in February 2009, discussing, in an article entitled, “Dangerous Revisionism Over Guantánamo,” flawed reporting in the New York Times regarding alleged bodyguards for Osama bin Laden (mostly still held), who are known as the “Dirty Thirty,” and I’m also pleased to have spoken on CounterSpin back in May 2008 and November 2008 (also here).

The latest interview, with Steve Rendall, which lasts for nearly nine minutes, and is available here, starts just before 10 minutes into the show, following a round-up of the week’s news, and involves me explaining, in the first place, how the documents contain nearly 200 profiles of innocent and insignificant prisoners whose stories have never been revealed before by the US government. 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, singer/songwriter (The Four Fathers).
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