A Rare Court Victory Offers Hope for Guantánamo’s “Forever Prisoners”

Guantánamo prisoner Khalid Qassim, in a photograph included in his classified military file, released by WikiLeaks in 2011, and ‘Titanic in Black and White,’ an artwork he made at Guantánamo in 2017, consisting of paint over gravel mixed with glue, which was included in the show ‘Art from Guantánamo Bay’ at John Jay College of Criminal Justice in New York in 2017-18.

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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.

Anyone who has been following the alleged legal basis for the ongoing imprisonment without charge or trial of prisoners at Guantánamo should be encouraged by a ruling on June 21, 2019 by a three-judge panel — consisting of Judges Patricia A. Millett, Cornelia T. L. Pillard, and Harry T. Edwards — in the D.C. Circuit Court (the Court of Appeals for the District of Columbia) in Qassim v. Trump, a case involving Khalid Qassim, a 41-year old Yemeni citizen who has been held at Guantánamo without charge or trial for over 17 years.

Close Guantánamo’s co-founder Tom Wilner argued the case before the court, and, as he explains, the court “reversed an eight-year rule that has prevented Guantánamo detainees from seeing and rebutting the evidence purportedly justifying their detentions,” as part of a ruling in which the judges granted Qassim’s request to reverse the District Court’s denial of his petition for habeas corpus.

To give some necessary perspective to the significance of the ruling, it is important to understand that, for most of Guantánamo’s history, the law has failed to offer them adequate protections against executive overreach. In a glaring demonstration of arrogant folly after the terrorist attacks of September 11, 2001, the Bush administration decided that anyone who ended up in US custody would be treated neither as a criminal (to be charged and put on trial), nor as a prisoner of war protected by the Geneva Conventions, who could be held unmolested until the end of hostilities. Instead, the prisoners were designated as “unlawful enemy combatants”; essentially, human beings without any rights whatsoever.

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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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