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On September 23, a Periodic Review Board at Guantánamo — a parole-type process introduced under President Obama — approved the release of Ismael Ali Bakush, a 54-year old Libyan who has been held at the prison without charge or trial since August 2002.

Bakush was one of 22 ”forever prisoners” that President Biden inherited from Donald Trump — men held indefinitely without charge or trial because Obama’s first review process, the Guantánamo Review Task Force, had concluded after reviewing their cases in 2009 that they either still constituted a threat to the US, whilst also conceding that insufficient evidence existed to put them on trial (as was the case with Bakush), or, in other cases, because they had been recommended for prosecution by the task force, but that option had been dropped when the viability of Guantánamo’s unique trial system — the military commissions — had been rocked by a number of successful appeals.

64 men were initially put forward for the PRBs, when the process was established in 2013, and, between 2014 and 2016, 38 of them had their release recommended (and all but two were freed before Obama left office), but Bakush, whose first review took place in July 2016, was one of the 26 others who had failed to persuade the board members that it was safe to recommend him for release, even though the only alleged evidence that connected him with Al-Qaeda was his membership of the Libyan Islamic Fighting Group (LIFG), an organization of Libyan exiles committed, primarily, to the overthrow of the Libyan dictator Moammar Gaddafi, but which, the US authorities claimed, “had merged with al-Qaida.”

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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 August 23, a Periodic Review Board at Guantánamo (an administrative, parole-type review process established by President Obama, featuring high-level US government officials) approved the ongoing imprisonment without charge or trial of Abu Faraj al-Libi, one of 14 “high-value detainees” who were brought to Guantánamo from CIA “black sites” in September 2006, and the last of the 14 to be captured.

Al-Libi’s hearing took place on June 23, and was the first time he had engaged with the PRB process since it was established in 2013. This ought to be have been newsworthy, but, in fairness, no media outlet could have been expected to know that he would finally deign to appear at the hearing, after refusing to take part in any previous opportunities to engage with the US authorities — or with the wider world.

However, it is a sad sign of the general lack of media interest in the shameful extra-judicial world of Guantánamo, where he has been held for 16 years without charge or trial, that only one media outlet — the New York Times — even bothered to find out what the board decided in his case after this first, momentous personal appearance, with veteran Guantánamo reporter Carol Rosenberg tweeting on August 29, “Just in: The Guantánamo review board has upheld the indefinite detention of the never charged former CIA prisoner called Abu Faraj al-Libi.”

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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.

Today, the prison at Guantánamo Bay has been open for 7,033 days — that’s 19 years and three months — and Joe Biden has been president for 84 days, and yet, apart from some hopeful murmurings from a handful of administration officials regarding a “robust” inter-agency review of the prison, and aspirations for its closure, no concrete proposals have been issued to indicate that any movement is imminent that will break the inertia of Donald Trump’s four lamentable years as commander in chief, when just one prisoner was released, leaving 40 men still held when Biden took office, mostly held indefinitely without charge or trial.

It may be that President Biden is unwilling to discuss Guantánamo in any detail until he has firm plans for dealing with all of the men still held, and if this is the case, then it is, sadly, understandable, because the merest mention of Guantánamo tends to provoke cynical and unbridled opposition from Republicans in Congress — although if this is the case then it only shows the extent to which, as under Barack Obama, political pragmatism — and fear of unprincipled opposition from those who cynically use Guantánamo for cheap political advantage — are considered much more important than telling Americans the truth about the prison:, that every day it remains open, holding men indefinitely without charge or trial, ought to be a source of profound national shame.

Beyond political maneuvering, however, Biden’s inertia also prolongs the grinding injustice experienced on a daily basis by the men still held at Guantánamo — as well as having dangerous, and sometimes life-threatening repercussions for some of the men already released.

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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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.

Anyone paying close attention to the prison at Guantánamo Bay will know that its continued existence, nearly 17 years after it first opened, is largely down to the success of some wildly inaccurate claims that were made about it when its malevolent business first began — claims that it held “the worst of the worst” terrorists, who were all captured on the battlefield.

In fact, as my research, and that of other researchers has shown, very few of the 779 men held by the US military at Guantánamo since the prison opened on January 11, 2002 can realistically be described as having had any meaningful involvement with al-Qaeda or the Taliban; perhaps just 3 percent, and certainly less than 5 percent. No one was captured on the battlefield, and the majority were either foot soldiers for the Taliban in an inter-Muslim civil war that predated 9/11, or civilians swept up in ill-advised dragnets. Many, if not most of those who ended up at Guantánamo were sold to the US by their Afghan and Pakistani allies for bounty payments, which averaged $5,000 a head, a huge amount of money in that part of the world.

Just 40 men are still held at Guantánamo, after George W. Bush released 532 men, and Barack Obama released 196. Nine men died, one was transferred to the US, to face a trial in which he was successfully prosecuted, and one more was reluctantly released by Donald Trump, or, rather, was transferred back to Saudi Arabia for ongoing imprisonment, as part of a plea deal negotiated in his military commission trial proceedings in 2014. Read the rest of this entry »

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.

I wrote the following article, as “Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners Endangers U.S. National Security,” 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.

The presence of Donald Trump in the White House has been an unmitigated disaster for anyone concerned about the ongoing existence of the prison at Guantánamo Bay, and any notion of justice regarding those held there, or, indeed, those freed from the prison over the years.

For Trump, the notion that there might be anything wrong — or un-American — about imprisoning people forever without any meaningful form of due process clearly doesn’t exist. Since he took office nearly two years ago, only one prisoner has been released, out of the 41 men still held at the prison when Obama took office; and that man, Ahmed al-Darbi, a Saudi, was only released, and transferred to ongoing imprisonment in Saudi Arabia, because of a plea deal he agreed to in his military commission trial proceedings back in 2014.

Trump, clearly, has no desire to meaningfully continue the parole-type process — the Periodic Review Boards — that Barack Obama initiated to release lower-level prisoners who could demonstrate that they didn’t pose a threat to the U.S. Indeed, his contempt for the process is such that he has shut down any possibility of the two men whose release was approved by Obama’s PRBs, but who didn’t get released before Obama left office, being freed by shutting down the State Department office that dealt with resettlements — the office of the Special Envoy for Guantánamo Closure. Read the rest of this entry »

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 of the Trump administration.

Congratulations to the New York Times for not giving up on the story of the two former Guantánamo prisoners who were recently repatriated to Libya despite having been given humanitarian asylum in Senegal two years ago, on the understanding that they would not be sent back to Libya, as it was unsafe for them. The story is particularly significant from a US perspective, because of the role played — or not played — by the State Department, which, under President Obama, facilitated the resettlement of the men, and many others, and, in general, also kept an eye on them after their release.

The story first emerged three weeks ago, when I was told about it by former prisoner Omar Deghayes, and the Intercept published an article. My article is here. A week later, the New York Times picked up on the story, reporting, as Omar Deghayes also confirmed to me, that one of the two men, Salem Ghereby (aka Gherebi) had voluntarily returned to Libya, as he desperately wanted to be united with his wife and children, and because he hoped that his connections in the country would prevent him from coming to any harm. My second article is here.

Unfortunately, on his return, Salem Ghereby was imprisoned at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported, and the British NGO CAGE then reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I wrote about that here, and then exclusively published Salem Gherebi’s letter explaining why he had chosen to be repatriated. Read the rest of this entry »

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 of the Trump administration.

Two weeks ago, I published an article about the Senegalese government’s disgraceful intention to repatriate two Libyans released from Guantánamo and given humanitarian asylum in Senegal two years ago, and expressed my alarm that doing so was a fundamental betrayal of the terms of the agreement made by the US when the men’s resettlement took place, which was supposed to guarantee that they wouldn’t be sent back to Libya, because of the dangerous instability in their home country.

That initial article drew on reporting by the Intercept, and also on correspondence with the former prisoner Omar Deghayes, a British resident and Libyan national who knows both men, and who I got to know during the filming, and subsequent touring of the documentary film I co-directed, ‘Outside the Law: Stories from Guantánamo,’ which was released in 2009. A week later the New York Times — and Omar Deghayes, again — confirmed that one of the two men, Salem Gherebi (aka Ghereby), had returned to Libya voluntarily, because he wanted to be reunited with his family, and because he hoped that his connections in the country would prevent him from coming to any harm. My update on the story is here.

Unfortunately, on his return, Salem Gherebi was imprisoned by a militia, Rada, that has a prison at Tripoli’s Mitiga Airport, where human rights abuses have been widely reported. The British NGO CAGE subsequently reported that the other Libyan, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), who didn’t want to be repatriated, had also been sent back to Libya, where he too was imprisoned at the airport. I provided an update about this yesterday. Read the rest of this entry »

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 of the Trump administration.

Two weeks ago, I reported the terrible news that two former Guantánamo prisoners, both Libyans, who had been given humanitarian asylum in Senegal two years ago, were about to be sent back to Libya by the Senegalese government. The two men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), had been approved for release by high-level US government review processes, but they had been resettled in Senegal because it was unsafe for them to be returned to Libya. In negotiations between the US State Department and the Senegalese government, the understanding was that their resettlement would not involve any efforts to repatriate them.

My initial information about the men’s dire situation came from the Intercept, and from discussions with the former prisoner Omar Deghayes, also Libyan, who I got to know well during the filming and touring of ‘Outside the Law: Stories from Guantánamo,’ the documentary film I co-directed with Polly Nash, which was released in 2009.

I continued to liaise with Omar Deghayes, and on April 5 the New York Times got involved, noting that Salem Gherebi had “apparently consented to repatriation,” and it would seem that he did so because he was desperate to be reunited with his wife and children, and was disappointed that they “had not been permitted to stay with him in Senegal,” and also believed he had connections that would protect him on his return. Read the rest of this entry »

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 of the Trump administration.

Last week, I published an article, Betrayal: Senegal Prepares to Send Two Former Guantánamo Prisoners Back to Libya, Where They Face Imprisonment, Torture and Even Execution, looking at the terrible news that two Libyan nationals were being threatened with deportation to Libya. The two men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh) and Salem Gherebi (aka Ghereby), were given humanitarian asylum in Senegal two years ago, on the understanding, agreed with the US State Department, that it was permanent, and that they would not, under any circumstances, be returned to Libya, where the security situation was so fraught that it was not possible to guarantee their safety as former Guantánamo prisoners tainted, unfairly, with the stamp of terrorism.

When I published my article, the Senegalese government’s threat was to send the two men back to Libya on April 3, and there were hopes that criticism might stop the plans from going ahead. However, on April 4, the Guantánamo Justice Centre, set up by former prisoners, posted the following update: “Regarding the situation of Omar and Salem previously given refuge in Senegal, we regret to report that eye witnesses have said one of the Guantánamo survivors was transferred today to Tripoli Mitiga Airport.”

On April 5, the New York Times picked up the story. On the ground in Senegal, Dionne Searcey confirmed that Khalifa had “disappeared from his once-guarded apartment in Dakar that now appears abandoned.” The Times added that the Senegalese government had said that Khalifa, identified as Awad Khalifa, “was not being deported.” However, neighbors said Khalifa and Salem Ghereby “were taken away on Tuesday afternoon.” The Times also explained that, hours earlier, “they had told a New York Times reporter visiting the apartment” — Dionne Searcey, presumably — “that they had received handwritten notices that they would be sent to Libya.” Read the rest of this entry »

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 of the Trump administration.

Dreadful news from Senegal, where two former Guantánamo prisoners, both from Libya, have been told that their resettlement in the country in April 2016, which they had been led to believe was permanent, is to be brought to a sudden end tomorrow, with their unwilling — and potentially fatal — repatriation to Libya.

For the Intercept, Murtaza Hussain and Glenn Greenwald reported the story on Saturday night, focusing on the story of one of the men, Omar Khalifa Mohammed Abu Bakr (aka Omar Mohammed Khalifh), whose release in Senegal was “the by-product of a deal negotiated by his attorneys with the U.S. government.” His lawyer, Ramzi Kassem, a professor at CUNY School of Law in New York, told the Intercept that the agreement “expressly guaranteed that the Libyan would have the right to permanently settle in Senegal and rebuild his life there, rather than be returned to war-torn Libya.”

As the Intercept explained, “In addition to the deteriorating security situation in his home country, Khalifa’s status as a former Guantánamo detainee as well as his tribal background meant that being sent back to his country of origin would mean an almost certain death sentence.” Read the rest of this entry »