After First Ever Guantánamo Visit, UN Rapporteur Finds Dehumanized, Traumatized Men Subjected to Cruel, Inhuman and Degrading Treatment That May Rise to the Level of Torture
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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 Monday June 26, 7,837 days since the prison at Guantánamo Bay opened, and on the 25th anniversary of the establishment of the UN International Day in Support of Victims of Torture, the Special Procedures of the UN Human Rights Council (“independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective”) issued a devastatingly critical report about systemic, historic and ongoing human rights abuses at the prison, based on the first ever visit by a Special Rapporteur — Fionnuala Ní Aoláin, the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, who visited the prison in February.
At the time of her visit, just 34 men were held at the prison (a number now reduced to 30), out of the 779 men and boys who have been held by the US military throughout the prison’s long history, and, as the Special Rapporteur admitted, she agreed with every “detainee or former detainee,” who, “[i]n every meeting she held” with them, told her, “with great regret,” that she had arrived “too late.”
However, it is crucial to understand that the lateness of the visit was not through a lack of effort on the part of the UN; rather, it was a result of a persistent lack of cooperation by the US authorities — part of a pattern of obstruction, secrecy and surveillance that prevented any UN visit because the authorities failed to comply with the Terms of Reference for Country Visits by Special Procedure Mandate Holders, which require “[c]onfidential and unsupervised contact with witnesses and other private persons, including persons deprived of their liberty.”
UN Condemns Arbitrary Detention of Guantánamo Prisoner and Torture Victim Abd Al-Rahim Al-Nashiri, and Calls for His Release
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. If you can help, please click on the button below to donate via PayPal.
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.”
The Broken Old Men of Guantánamo
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. If you can help, please click on the button below to donate via PayPal.
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 recent months, an often-submerged story at Guantánamo — of aging torture victims with increasingly complex medical requirements, trapped in a broken justice system, and of the US government’s inability to care for them adequately — has surfaced though a number of reports that are finally shining a light on the darkest aspects of a malignant 21-year experiment that, throughout this whole time, has regularly trawled the darkest recesses of American depravity.
Over the years, those of us who have devoted our energies to getting the prison at Guantánamo Bay closed have tended to focus on getting prisoners never charged with a crime released, because, since the Bush years, when, largely without meeting much resistance, George W. Bush released two-thirds of the 779 men and boys rounded up so haphazardly in the years following the 9/11 attacks and the US-led invasion of Afghanistan, getting prisoners out of Guantánamo has increasingly resembled getting blood out of a stone.
Apart from a brief period from 2008 to 2010, when the law finally reached Guantánamo through habeas corpus (before cynical appeals court judges took it away again), getting out of Guantánamo has involved overcoming government inertia (for several years under Obama) or open hostility (under Trump), repeated administrative review processes characterized by extreme caution regarding prisoners never charged with a crime, and against whom the supposed evidence is, to say the least, flimsy (which led to over 60 men being accurately described by the media as “forever prisoners”), and many dozens of cases in which, when finally approved for release because of this fundamental lack of evidence, the men in question have had to wait (often for years) for new homes to be found for them in third countries.
Who's still at Guantánamo?
