For anyone seeking a single story that is emblematic of the horrors of Guantánamo, the story of Mohammed al-Qahtani ought to be instructive.
One of hundreds of prisoners seized in the chaos of Afghanistan after the US-led invasion in October 2001 and sent to Guantánamo after brutal treatment in US prisons in Afghanistan, al-Qahtani finally came to the attention of the US authorities in Guantánamo when it was assessed that he was the same man who had tried and failed to enter the US before the 9/11 attacks, and was presumed to have been intended to be the 20th hijacker.
He was then subjected to a horrible torture program, personally approved by then-defense secretary Donald Rumsfeld, which lasted for several months in late 2002, and which, as Murtaza Hussain explained for the Intercept in April 2018, involved him being subjected to “solitary confinement, sleep deprivation, extreme temperature and noise exposure, stress positions, forced nudity, body cavity searches, sexual assault and humiliation, beatings, strangling, threats of rendition, and water-boarding.” On two occasions he was hospitalized with a dangerously low heart rate.
Back in March, as I explained in an article at the time, District Judge Rosemary Collyer made history when she ordered the US government to allow independent medical and psychiatric experts from outside the US to assess a prisoner at Guantánamo.
The prisoner in question is Saudi national Mohammed al-Qahtani, who had pre-existing serious mental health issues that the US authorities failed to disclose when, at Guantánamo, they came to regard him as the intended 20th hijacker for the 9/11 attacks, and subjected him to a torture program involving months of sleep deprivation and sexual humiliation.
Judge Collyer’s ruling involved her, as Carol Rosenberg explained for the New York Times, stating that “she was granting a request” by al-Qahtani’s lawyers “to compel the United States to apply an Army regulation designed to protect prisoners of war and to create ‘a mixed medical commission’ made up of a medical officer from the US Army and two doctors from a neutral country chosen by the International Committee of the Red Cross and approved by the United States and Saudi Arabia.”
In a breakthrough legal ruling, a US judge has ordered the government to allow a psychiatric assessment of a Guantánamo prisoner, involving not only US doctors, who have been allowed into the prison before, to make assessments of certain prisoners’ mental and physical health, but also, for the first time, foreign doctors, the intention being, as Carol Rosenberg of the New York Times explained, “to determine whether he should be released from the prison” and “sent home for psychiatric care.”
The prisoner in question, Mohammed al-Qahtani, is well-known to seasoned Guantánamo watchers, as he is one of only two prisoners at Guantánamo to have been subjected to torture programs specifically approved for them (the other one being Mohamedou Ould Slahi). Al-Qahtani was regarded as the intended 20th hijacker for the 9/11 attacks, and was subjected to what Carol Rosenberg described, accurately, as “two months of continuous, brutal interrogation”, by US soldiers, at the end of 2002 and the start of 2003. The torture took place in a wooden hut at Guantánamo’s Camp X-Ray, after that facility — the prison’s first camp — had closed, and TIME magazine published the harrowing log of those torture sessions in 2006, which are available here.
What was not publicly known until long after al-Qahtani’s torture was that, as Carol Rosenberg put it, he “had a history of profound mental illness and psychiatric hospitalization in Saudi Arabia before he left in 2000 or 2001,” although this has been consistently ignored by the US authorities.
Last Thursday, lawyers for Mohammed al-Qahtani, the only prisoner at Guantánamo whose torture was admitted by a senior official in the George W. Bush administration, urged Judge Rosemary Collyer of the District Court in Washington, D.C. to order the government “to ask for his current condition to be formally examined by a mixed medical commission, a group of neutral doctors intended to evaluate prisoners of war for repatriation,” as Murtaza Hussain reported for the Intercept. He added that the commission “could potentially order the government to release him from custody and return him home to Saudi Arabia, based on their evaluation of his mental and physical state.”
A horrendous torture program, approved by defense secretary Donald Rumsfeld, was developed for al-Qahtani after it was discovered that he was apparently intended to have been the 20th hijacker for the 9/11 attacks. As Hussain stated, court documents from his case state that he was subject to “solitary confinement, sleep deprivation, extreme temperature and noise exposure, stress positions, forced nudity, body cavity searches, sexual assault and humiliation, beatings, strangling, threats of rendition, and water-boarding.” On two occasions he was hospitalized with a dangerously low heart rate. The log of that torture is here, and as Hussain also explained, “The torture that Qahtani experienced at Guantánamo also exacerbated serious pre-existing mental illnesses that he suffered as a youth in Saudi Arabia — conditions so severe that he was committed to a mental health facility there in 2000, at the age of 21.”
The high-level acknowledgement of al-Qahtani’s torture, mentioned above, came just before George W. Bush left office, when Susan Crawford, the convening authority for the military commission trial system at Guantánamo, told Bob Woodward, “We tortured Qahtani. His treatment met the legal definition of torture.” She was explaining why she had refused to refer his case for prosecution. Read the rest of this entry »
Today, at 11 am Eastern time (4 pm GMT), lawyers for three prisoners still held at Guantánamo Bay — including the last British resident, Shaker Aamer — will ask the appeals court in Washington D.C. to order the government to end the force-feeding of prisoners, denounced by the World Medical Association and the UN, in which, as the legal action charity Reprieve explained in a press release, “a detainee is shackled to a specially-made restraint chair and a tube is forced into his nostril, down his oesophagus, and through to his stomach.”
At the height of the prison-wide hunger strike at Guantánamo this year, 46 men were being force-fed. That total has now fallen to 15, but twice a day those 15 men are tied into restraint chairs, while liquid nutrient is pumped into their stomachs via a tube inserted through their nose.
As well as Shaker Aamer, the other petitioners in the appeal are Abu Wa’el Dhiab, a Syrian, and Ahmed Belbacha, an Algerian. All three were cleared for release by President Obama’s inter-agency Guantánamo Review Task Force in January 2010, and are represented by Reprieve and Jon B. Eisenberg. Read the rest of this entry »
On June 30, as I reported here, lawyers for four prisoners in Guantánamo — Shaker Aamer, the last British resident in the prison, Nabil Hadjarab and Ahmed Belbacha, both Algerians, and Abu Wa’el Dhiab, a Syrian — filed a motion with the District Court in Washington D.C., asking a judge to issue a ruling compelling the government to “stop force-feeding in the prison and stop force-medicating prisoners, particularly with Reglan, a drug used by the US during the force-feeding process that when used for extended periods of time can cause severe neurological disorders, including one that mimics Parkinson’s disease,” as it was described in a press release by Reprieve, the London-based legal action charity whose lawyers filed the motion, along with Jon B. Eisenberg in the US.
The men are amongst the 86 prisoners (out of the 166 men still held), who were cleared for release by the inter-agency Guantánamo Review Task Force, established by President Obama when he took office in 2009. In addition, all are involved in the prison-wide hunger strike that began six months ago, and both Nabil Hadjarab and Ahmed Belbacha are amongst the 41 prisoners who are being force-fed.
Although the prisoners made a compelling argument for the need for intervention, the judge ruling in Abu Wa’el Dhiab’s case, Judge Gladys Kessler, was unable to grant the motion, because of a legal precedent from February 2009, when, in the case of Mohammed al-Adahi, a Yemeni who sought to stop his force-feeding, a court ruled that “no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant.” Read the rest of this entry »
Although I’ve been very busy for the last few months with a steady stream of articles about Guantánamo and the ongoing hunger strike, I haven’t been able to keep track of everything that has been made available. In terms of publicity, this is an improvement on the years before the hunger strike reminded the world’s media about the ongoing existence of the prison, when stories about Guantánamo often slowed to the merest of trickles, and everyone involved in campaigning to close the prison and to represent the men still held there was, I think it is fair to say, becoming despondent and exhausted.
However, it is also profoundly depressing that it took a prison-wide hunger strike to wake people up to the ongoing injustice of Guantánamo, where 86 cleared men are still held (cleared for release in January 2010 by President Obama’s inter-agency Guantánamo Review Task Force), and 80 others are, for the most part, held indefinitely without charge or trial. And it is just as depressing to note that, despite making a powerful speech eight weeks ago, and promising to resume releasing prisoners, President Obama has so far failed to release anyone.
With Ramadan underway, there has been a slight dip in the total number of prisoners on the hunger strike — 80, according to the US military, down from 106, although there has been a slight increase in the number of prisoners being force-fed — from 45 to 46. Read the rest of this entry »
Lawyers at the London-based legal action charity Reprieve, and co-counsel Jon B. Eisenberg, an attorney in Oakland, California filed a motion with the District Court in Washington D.C. on Sunday evening, on behalf of four prisoners in Guantánamo, including Shaker Aamer, the last British resident in the prison. The motion was submitted in response to the authorities’ force-feeding and forced medication of hunger strikers engaged in a prison-wide hunger strike that will enter its sixth month on Saturday. According to the authorities, 106 of the remaining 166 prisoners are taking part in the hunger strike, protesting about their indefinite detention, but according to the prisoners themselves the total is at least 120.
The motion, available here, asks Judge Rosemary Collyer to issue a ruling to compel the government to “stop force-feeding in the prison and stop force-medicating prisoners, particularly with Reglan, a drug used by the US during the force-feeding process that when used for extended periods of time can cause severe neurological disorders, including one that mimics Parkinson’s disease,” as Reprieve put it in a press release. Please also see additional submissions by Cori Crider, Reprieve’s Strategic Director, and by Steven Miles, Professor of Medicine at the University of Minnesota, and by Stephen Xenakis, a retired brigadier general and Army medical corps officer with 28 years of active service, who is now an Adjunct Clinical Professor at the Uniformed Services University of Health Sciences.
Shaker Aamer is one of 86 prisoners cleared for release by an inter-agency Guantánamo Review Task Force, appointed by President Obama, which issued its recommendations three and half years ago. The three other prisoners represented in the motion — Nabil Hadjarab and Ahmed Belbacha, both Algerians, and Abu Wa’el Dhiab, a Syrian — were also cleared for release three and a half years ago, but are still held despite President Obama’s promise to overcome restrictions imposed by Congress and resume releasing prisoners, which he made in a major speech on national security issues on May 23; in other words, nearly six weeks ago. Since that time, not a single prisoner has yet been released. Read the rest of this entry »
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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