Majid Khan’s Sentence Ends, But, Disgracefully, He’s Still Trapped at Guantánamo, Along with 19 Other Men Approved for Release

Majid Khan, photographed as a student in 1999, and in recent years at Guantánamo.

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Over ten years ago, on February 29, 2012, Majid Khan, a Pakistani national held at Guantánamo since September 2006, and previously held and tortured in CIA “black sites” for three and a half years, agreed to a plea deal in his military commission trial at Guantánamo, admitting that, as an Al-Qaeda recruit, he had taken $50,000 from Pakistan to Thailand as funding for the terrorist group Jemaah Islamiyah, whose attack on a hotel in Jakarta, Indonesia in August 2003 killed 12 people.

Khan, who had already been in a CIA “black site” for five months when the attack happened, was thoroughly remorseful about his actions, and agreed to cooperate with the US authorities, providing information that would help in the prosecution of others involved in terrorism, both at Guantánamo and elsewhere. In exchange, it was promised that his sentence would be capped at 19 years from the time of his capture; in other words, that it would be served by March 5, 2022.

At the time, his sentencing was due to take place in four years’ time — in 2016 — but delays in the broken military commission system, which I wrote about here and here, meant that he was not finally sentenced until October last year, when he was finally allowed to describe, in harrowing detail (as I posted here and here), his horrendous treatment at the hands of the CIA, and the authorities in Guantánamo, and also to explain at length how, as a young man distraught at the death of his mother, he was preyed on by Al-Qaeda members, taking advantage of his vulnerability. He also, as has been apparent throughout his imprisonment, once more apologized profusely for his crimes.

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Torture Victim Mohammed Al-Qahtani Finally Released from Guantánamo, Sent to Mental Health Facility in Saudi Arabia; But 19 Other Cleared Prisoners Remain

Mohammed al-Qahtani, photographed before his capture (on the left), in a photo provided by one of his lawyers, Ramzi Kassem, and, on the right, photographed at Guantánamo.

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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 (March 7), Mohammed al-Qahtani, a Saudi prisoner at Guantánamo, who was shamefully tortured at the prison in 2002-03, despite suffering from schizophrenia, related to a car accident as a child, was released from Guantánamo, and sent back to Saudi Arabia to receive appropriate mental health care in a rehabilitation facility. His release brings to 38 the number of men still held at the prison.

Al-Qahtani had been tortured, over many months in Guantánamo’s first year of operations, because it had emerged that he had tried to get into the US in August 2001 to be the 20th hijacker for the 9/11 attacks, but had been turned away by the authorities, presumably because he was incapable of disguising his already existing mental health problems. He then made his way to Afghanistan, where he was seized and sent to Guantánamo.

At Guantánamo, US personnel had been persistently unable to cope with his profound mental health problems, exacerbated by his torture, and yet it had taken until March 2020 for anyone in a position of authority to recognize that a valid case could be made that he should be sent back to Saudi Arabia because the authorities at Guantánamo were unable to adequately deal with his illness.

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Sen. Dick Durbin Files Amendment to National Defense Authorization Act (NDAA) Calling for the Closure of Guantánamo

Sen. Dick Durbin calling for the closure of Guantánamo in the Senate on Nov. 30, 2021, and campaigners for the closure of Guantánamo outside the Capitol on January 11, 2012, the 10th anniversary of the prison’s opening.

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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 Tuesday (November 30), Sen. Dick Durbin (D-IL), the US Senate Majority Whip, and the Chair of the Senate Judiciary Committee, spoke in the Senate “about the importance of closing the Guantánamo Bay detention facility and announced he had filed an amendment to the National Defense Authorization Act (NDAA) to close the facility once and for all”, as he explained on his website. Sen. Durbin has a long history of opposing the existence of the prison at Guantánamo Bay, and in April was the lead signatory of a letter to President Biden urging him to close the prison, which was also signed by 23 other Democratic Senators (a House version, in August, was signed by 75 Democratic members of the House of Representatives). In addition, in July, Sen. Durbin wrote to Attorney General Merrick Garland, urging him to bring to an end the Justice Department’s persistent efforts “to rationalize indefinite detention at Guantánamo.”

The annual NDAA has cynically prevented the use of government funds to close the prison — as well as the transfer of prisoners to the US mainland for any reason — since the Obama presidency, and while the transfer provisions have been dropped in the House’s version of the NDAA this year, they have not been dropped by the Senate. House and Senate representatives are meeting soon to agree a final version of next year’s Act, and you can write to them here to urge them to drop the transfer prohibition, but Sen. Durbin’s amendment obviously goes much further.

Sen. Durbin began his speech by honoring “the life and legacy of US Army Major Ian Fishback, who spoke out against America’s inhumane treatment of detainees after 9/11,” and who, sadly, passed away last month at the age of 42. He was, as Sen. Durbin explained, “integral in rallying support for the torture amendment that Durbin led with the late Senator John McCain” in 2005, “which explicitly banned inhumane treatment of any prisoner being held by the US government — on American soil, or abroad.”

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Majid Khan Describes Years of Torture and Abuse in CIA “Black Sites” and at Guantánamo in His Sentencing Statement (Part Two)

Guantánamo prisoner Majid Khan, photographed at the prison in 2009, after he had finally been allowed to meet with his lawyers, and to start making arrangements for the plea deal that he agreed to in 2012.

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Yesterday, I posted a transcript of the first part of the extraordinary statement that Guantánamo prisoner and CIA “black site” torture victim Majid Khan read out at his sentencing hearing two weeks ago, in which he recounted his early life, how he was preyed on by al-Qaeda supporters following the death of his mother, and the horrendous torture to which he was subjected in the “black sites,” despite having made it clear from the time of his capture that he intended to be as cooperative as possible.

Today, I’m posting the rest of his statement, which covers his time in his final CIA “black site,” another facility in Afghanistan, code-named “Orange,” where, despite having already cooperated with his interrogators, his hunger strikes in protest at his seemingly unending imprisonment without charge or trial, or access to a lawyer, were dealt with by what he describes as being “raped by the CIA medics,” who “inserted tubes or objects into my anus against my will.”

Majid explained how the executive summary of the Senate Intelligence Committee report into the CIA torture program, released in December 2014, accurately described what happened to him as follows: “Majid Khan was then subjected to involuntary rectal feeding and rectal hydration, which included two bottles of Ensure. Later that same day, Majid Khan’s ‘lunch tray’, consisting of hummus, pasta with sauce, nuts, and raisins, was ‘pureed’ and rectally infused.” When the executive summary  was released, this was one of the new and shocking details that I picked up on in an article for Al-Jazeera. Majid proceeded to explain how this vile abuse led to him still experiencing “extreme discomfort from the hemorrhoids as a result of my treatment.”

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Majid Khan Describes Years of Torture and Abuse in CIA “Black Sites” and at Guantánamo in His Sentencing Statement (Part One)

Guantánamo prisoner and former CIA “black site” torture victim Majid Khan, photographed as a student before his capture, and shortly after his arrival at Guantánamo in September 2006, evidently suffering after over three years of torture.

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It’s nearly two weeks since Majid Khan, held and tortured in CIA “black sites” for over three years before his transfer to Guantánamo, where he has been held since September 2006, was allowed to read out a detailed statement at his sentencing hearing, held nearly ten years after he agreed to a plea deal in his military commission, in which, in exchange for assisting in a number of ongoing cases, both at Guantánamo and elsewhere, he was promised his eventual freedom. I wrote about his sentencing and his statement last week, in an article entitled, Is This Justice? After 18 Years of Torture, Isolation and Unprecedented Co-Operation, CIA and Guantánamo Prisoner Majid Khan Should Be Released in Feb. 2022.

Majid’s statement combined an account of his early life, including his life in the U.S. as a teenager and a young man, with a graphic account of his torture and abuse, and with effusive apologies on his part for having been recruited by Al-Qaeda when he was at a particularly low point in his life, distraught at the death of his mother, and it was noticeable that, at his sentencing, seven of the eight military jurors signed a hand-written letter to the commissions’ Convening Authority calling for clemency, decrying the torture to which he was subjected, which they compared to “torture performed by the most abusive regimes in modern history,” and clearly expressing disgust at how he was treated when, throughout his long imprisonment, he has made a point of being as cooperative as possible.

In the interests of keeping Majid’s testimony in the public eye — to expose the depravities of the torture program, and the way so much of its focus seemed to be on torture for its own sake, rather than for any practical outcome, and to contrast this with Majid’s own compliance, for which he doesn’t seem to have been adequately rewarded — I’m posting his entire statement in two articles; this and one to follow.

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Is This Justice? After 18 Years of Torture, Isolation and Unprecedented Co-Operation, CIA and Guantánamo Prisoner Majid Khan Should Be Released in Feb. 2022

Majid Khan, photographed as a student in 1999, and in recent years at Guantánamo.

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On Thursday evening, in a military courtroom at Guantánamo Bay, Majid Khan, a Pakistani national who was held and tortured in CIA “black sites” for three years and four months after his initial capture in Pakistan in March 2003, and has been held at Guantánamo since September 2006, was finally allowed to tell the world the gruesome details about his treatment in the “black site” program, and at Guantánamo, in a statement that he read out at a sentencing hearing.

Some of the details of the torture to which Khan was subjected were made public nearly seven years ago, when the executive summary of the Senate Intelligence Committee’s report about the CIA’s post-9/11 torture program was made public — in particular, the shocking revelation that he was one of several prisoners subjected to “rectal feeding,” whereby, as the report described it, his “‘lunch tray,’ consisting of hummus, pasta with sauce, nuts, and raisins was ‘pureed’ and rectally infused.”

In his sentencing statement, however, which, as his lawyers at the New York-based Center for Constitutional Rights explain, made him “the first so-called ‘high-value detainee’ at Guantánamo who has been able to speak publicly about the CIA torture program,” he revealed much more than was ever previously known publicly. As Vince Warren, CCR’s Executive Director, said, “We knew about some of the horrors he was subjected to, like the so-called ‘rectal feeding,’ from the Senate torture report, but the new details in his own words were chilling. From the ice-bath waterboardings to the ‘Torture Doctor’ who put hot sauce on the tip of his IV, the acts committed by our government shock the conscience — yet no one has ever been held accountable.”

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Great News from Guantánamo As Three “Forever Prisoners,” Including 73-Year Old Saifullah Paracha, Are Approved for Release

Guantánamo prisoners Saifullah Paracha, Abdul Rahim Ghulam Rabbani and Uthman Abd al-Rahim Uthman, whose long overdue release from the prison was approved by Periodic Review Boards on Monday, although it is not yet known when they will actually be released.

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In extremely encouraging news from Guantánamo, three men have been approved for release from the prison by Periodic Review Boards, the high-level government review process established under President Obama.

The three men are: 73-year old Pakistani citizen Saifullah Paracha, Guantánamo’s oldest prisoner; Abdul Rahim Ghulam Rabbani, another Pakistani citizen who is 54 years old; and Uthman Abd al-Rahim Uthman, a 41-year old Yemeni. All have been held without charge or trial at Guantánamo for between 17 and 19 years.

Between November 2013 and January 2017, when President Obama left office, the Periodic Review Boards — consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — reviewed the cases of 64 prisoners, to ascertain whether or not they should still be regarded as a threat to the US, and, in 38 cases, recommended the prisoners for release. All but two of these men were released before the end of Obama’s presidency.

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US Military Closes Camp 7, Guantánamo’s “High-Value Detainee” Prison Block, Moves Men to Camp 5

A Google Earth image of the secretive Camp 7 at Guantánamo Bay.

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In news from Guantánamo, the US military announced yesterday that it had shut Camp 7, the secretive prison block where Khalid Sheikh Mohammed and other so-called “high-value detainees” have been held since their arrival at Guantánamo from CIA “black sites” in September 2006, and had moved the prisoners to Camp 5.

Modeled on a maximum security prison in Terre Haute, Indiana, Camp 5, which cost $17.5 million, opened in 2004, and its solid-walled, isolated cells were used to hold prisoners regarded as non-compliant. As the prison’s population shrank, however, it was closed — in September 2016 — and its remaining prisoners transferred to Camp 6, which opened in 2006, and includes a communal area.

Camp 7, meanwhile, which cost $17 million, was also built in 2004. Two storeys tall, it was modeled on a maximum-security prison in Bunker Hill, Indiana, and, as Carol Rosenberg explained in the New York Times yesterday, had “a modest detainee health clinic and a psychiatric ward with a padded cell, but none of the hospice or end-of-life care capacity once envisioned by Pentagon planners.”

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Military Judge Rules That Terrorism Sentence at Guantánamo Can Be Reduced Because of CIA Torture

Guantánamo prisoner Majid Khan, in a photo taken at the prison in 2018, and the military commissions judge, Army Col. Douglas K. Watkins, who has ruled that his sentence, based on a plea deal agreed in 2012, can be reduced because he was tortured in “black sites” by the CIA.

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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.

It’s been nearly two years since I last reported on the military commission trial system at Guantánamo, which is less an oversight than a tacit acknowledgement that the entire system is broken, a facsimile of justice in which the defense teams for those put forward for trials are committed to exposing the torture to which their clients were subjected in secret CIA “black sites,” while the prosecutors are just as committed to keeping that information hidden.

I’m pleased to be discussing the commissions again, however, because, in a recent ruling in the case of “high-value detainee” Majid Khan, a judge ruled that, as Carol Rosenberg described it for the New York Times, “war court judges have the power to reduce the prison sentence of a Qaeda operative at Guantánamo Bay, Cuba, as a remedy for torture by the CIA.”

When I last visited the commissions, the chief judge, Army Col. James L. Pohl, who had also been the judge on the case of the five men accused of involvement in the 9/11 attacks since the men were arraigned in May 2012, had just caused a stir by ruling that confessions obtained by so-called “clean teams” of FBI agents, after the men were moved to Guantánamo from the CIA “black sites” where their initial confessions were obtained through the use of torture, would not be admitted as evidence. In a second blow, he announced his resignation.

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Uzair Paracha, Victim of Tortured Terrorism Lies, is Freed from US Jail; Why Is His Father Still at Guantánamo?

Uzair Paracha, left, photographed at the time of his arrest in 2003, and his father Saifullah, still held at Guantánamo, in a photo taken a few years ago by representatives of the International Committee of the Red Cross.

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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.

For anyone who has been paying attention not only to the long and horribly unjust Guantánamo saga, but also to the stories of others held in other circumstances as part of the “tangled web” of the “war on terror,” the recent announcement that Uzair Paracha, a Pakistani national, has been released from a US jail and repatriated after 17 years in prison, with a judge throwing his conviction out of court, is extremely good news.

If there is any justice, Uzair Paracha’s release ought to secure the release from Guantánamo of his father, Saifullah, although, when it comes to Guantánamo, of course, it has rarely been the case that anything involving that prison has ever had any meaningful connection to justice.

I first came across Saifullah Paracha’s story in 2006, while researching my book The Guantánamo Files, and I came across his son’s story in 2007, which prompted me to write about a possible miscarriage of justice in my article, Guantánamo’s tangled web: Khalid Sheikh Mohammed, Majid Khan, dubious US convictions, and a dying man.

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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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