For Review at Guantánamo, DoD Acknowledges That 20th “Forever Prisoner” Is Case of Mistaken Identity, As He Seeks Release

Mustafa-al-Shamiri, in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.The Periodic Review Boards at Guantánamo began two years ago, to review the cases of all the prisoners not already approved for release (48 of the 107 men still held) or put forward for trials (just ten men), and last week I put together the first full annotated list, to assist anyone interested in the reviews to work out who has already has had their cases looked at and who is still awaiting a review.

The PRBs were set up in response to the conclusions reached by the high-level, inter-agency Guantánamo Review Task Force, which President Obama established shortly after taking office in 2009. The task force suggested that 46 men were “too dangerous to release,” even though they acknowledged that insufficient evidence existed to put them on trial, and President Obama promised periodic reviews of their cases when he approved their ongoing imprisonment without charge or trial in an executive order in March 2011. 25 others — initially recommended for prosecution, were later added to the list, after the basis for trial largely collapsed following a handful of devastating appeals court rulings. The mainstream media have helpfully labelled these men “forever prisoners,” but in reality assessing men as “too dangerous to release” is irresponsible, and not justified by a close examination of the facts.

Shamefully, although President Obama declared, in his March 2011 executive order, that, “For each detainee, an initial review shall commence as soon as possible but no later than 1 year from the date of this order,” we are now nearing the five-year mark, and yet just 20 prisoners have had their cases reviewed, and another 44 are waiting. Of those 20, 18 cases have been decided, and 15 men have been recommended for release, which is a success rate of 83%. This quite solidly demonstrates that the “too dangerous to release” tag was the hyperbolic result of an over-cautious approach to what purported to be the evidence against the men held at Guantánamo by the Guantánamo Review Task Force. Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Four of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will hopefully be completed by 2013, although that is contingent on finding new funding.

This is Part 34 of the 70-part series. 422 stories have now been told. See the entire archive here.

In late April last year, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken. 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, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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