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After 20 intensely irritating months of inaction, the Biden administration is — finally, belatedly — making up for lost time, releasing prisoners from Guantánamo, ending the second longest period in the prisons’s long and sordid history that no prisoners have been freed.

The good news began yesterday, when the Pentagon announced that Mohammed Abdul Malik Bajabu, the prison’s sole Kenyan prisoner, and one of 16 men long approved for release by high-level US government review processes, had been repatriated, as I reported here. Bajabu arrived at Guantánamo nearly 18 years ago, in March 2007, after brief and brutal stays in secret US prisons in Djibouti and at Bagram airbase, and had been held without charge or trial at Guantánamo ever since.

Almost exactly three years ago, in December 2021, he was approved for release by a Periodic Review Board, a parole-type process introduced by President Obama in 2013, but like the 15 other men long approved for release, that decision had not led to any enthusiasm on the part of the authorities to actually free him, in large part because the review processes were and are purely administrative, meaning that no legal mechanism exists to compel the government to release these men if they find it complicated or inconvenient to do so.

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Many thanks to Kevin Gosztola for not forgetting about Guantánamo, and for spending an hour with me online last week to discuss in detail the grave legal and human rights abuses still taking place at the US’s shameful “war on terror” prison, as it nears the 23rd anniversary of its opening.

Kevin and I have known each other for many years, and our paths have crossed on occasion on the annual visits to the US that I undertook every January from 2011 to 2020 to call for the closure of Guantánamo on the anniversary its opening, as well as during his long dedication to addressing the persecution of Julian Assange, with whom I worked in 2011 on the release of classified military files from Guantánamo.

In recent years, he’s one of the few journalists to have maintained an interest in Guantánamo, interviewing me for his “Unauthorized Disclosure” podcast on a more or less annual basis, in 2020, 2021 and 2023.

For our latest update, available below via YouTube, we began by discussing the half a billion dollars that it costs to keep the 30 men still held at Guantánamo — the 16 men in the “general population” who have all been approved for release, 13 other “high-value detainees”, charged in the military commissions, or, in three cases, held indefinitely without charge or trial as “forever prisoners”, and one man serving a life sentence in solitary confinement.

We then proceeded to discuss two particularly pressing concerns — the military commissions, and the plight of the men approved for release.

On the military commissions, we followed up on my recent article, Military Judge at Guantánamo Restores 9/11 Plea Deals, Rules Lloyd Austin Had No Right to Withdraw Them Three Months Ago, in which I discussed the shameful situation whereby plea deals, carefully negotiated for the last two and a half years by prosecutors and defense attorneys for three of the men charged in connection with the 9/11 attacks, signed at the end of July, were rescinded two days later by defense secretary Lloyd Austin.

This eminently sensible decision, which finally involved a recognition by prosecutors that the use of torture in CIA “black sites” had fatally contaminated the possibility of successful prosecutions, took the death penalty off the table, in exchange for confessions and life sentences, representing the only practical way for there to be closure — not only for the US establishment, humiliated internationally by its inability to successfully prosecute these men, but also, crucially, for the 9/11 victims’ families.

Now, however, the military judge in the 9/11 case, Air Force Col. Matthew McCall, has thrown a colossal spanner in the works by ruling that Austin had no right to rescind the plea deals, paving the way, hopefully, for the submission of statements in January, before Donald Trump takes office and takes a wrecking ball to the entire operation — if, that is, the Biden administration can be persuaded not to appeal Judge McCall’s forensic humiliation of the Pentagon’s untenable thirst for unachievable vengeance.

Turning to the prisoners long approved for release but still held, we followed up on another recent article of mine, Free the Guantánamo 16: A Message to President Biden as His Time Runs Out, and discussed the horrendous plight of these men, who have been unanimously approved for release by high-level government review processes, but are still held because those decisions were purely administrative, meaning that no legal mechanism exists that can compel the government to free them if, as has become increasingly apparent since the most recent prisoner release, back in April 2023, the Biden administration has been unwilling to prioritize freeing them.

With time running out before Donald Trump takes over, once more sealing the prison shut, and with third countries having to be found that will offer new homes for these men (because of Republican Congressional bans on repatriating them), I explained how a plan to resettle most of these men in Oman, stopped over a year ago because of the unconnected events of October 7 in Israel, needs to be urgently revived, or a new country needs to be found that will take them in.

At the end of the show, Kevin turned his attention to my band The Four Fathers, who, nine years ago, were featured by Kevin as “Protest Song of the Week”, for our song for the campaign to free Shaker Aamer from Guantánamo, on Shadowproof, the website that he ran at the time. This time around, Kevin promoted our new album, “Songs of Loss and Resistance”, which is available on Bandcamp, to download, or as a limited edition CD, and which features songs recorded over the last six years dealing with Guantánamo’s “forever prisoners”, the persecution of Julian Assange, climate collapse, the Grenfell Tower fire, and much more.

I’m grateful to Kevin for highlighting The Four Fathers’ ongoing protest music, and delighted to note that he has just revived his focus on protest music via The Protest Music Project on Substack — which, with his encouragement, I’ve also joined, and where I’ll be publishing a weekly newsletter linking to all my work on an ongoing basis. Please join me!

* * * * *

Andy Worthington is a freelance investigative journalist, activist, author, photographer (of an ongoing photo-journalism project, ‘The State of London’), film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (see the ongoing photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here, or you can watch it online here, via the production company Spectacle, for £2.50).

In 2017, Andy became very involved in housing issues. He is the narrator of the documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June 2017 that killed over 70 people, and, in 2018, he was part of the occupation of the Old Tidemill Wildlife Garden in Deptford, to try to prevent its destruction — and that of 16 structurally sound council flats next door — by Lewisham Council and Peabody.

Since 2019, Andy has become increasingly involved in environmental activism, recognizing that climate change poses an unprecedented threat to life on earth, and that the window for change — requiring a severe reduction in the emission of all greenhouse gases, and the dismantling of our suicidal global capitalist system — is rapidly shrinking, as tipping points are reached that are occurring much quicker than even pessimistic climate scientists expected. You can read his articles about the climate crisis here.

To receive new articles in your inbox, please subscribe to Andy’s new Substack account, set up in November 2024, where he’ll be sending out a weekly newsletter, or his RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

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.

As the dust settles on last week’s Presidential Election, and the US and the rest of the world wait anxiously to see quite what Donald Trump has planned for the future, one policy decision seems unlikely to offer any surprises.

As in his first term in office, Trump — who is very evidently Islamophobic (as we all ought to recall from his Muslim ban in 2017), and is the head of a debased Republican Party that contains numerous screamingly hysterical enthusiasts for the continued existence of the prison at Guantánamo Bay — will almost certainly seal Guantánamo shut, as he did in his first term, refusing to set any prisoner free unless, by some miracle, they are required to be freed through legal means.

For the 30 men still held at Guantánamo, the situation is remarkably similar to that which faced President Obama eight years ago, as the news sank in that Hillary Clinton would not be taking over from him, and that Donald Trump would soon be inheriting Guantánamo, which he had bullishly promised to “load up with some bad dudes.” In the end, that threat never materialized, as, even in Trump’s inner circle, enough common sense existed to recognize that Guantánamo was an unsalvageable legal mess, and that, for any “bad dudes” that Trump managed to round up, prosecuting them in federal courts would be the only sensible option.

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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.

In the epidemic of disasters afflicting the world, it’s sometimes hard to even remember that, at Guantánamo Bay in Cuba, the US government is still holding 30 men, detained for between 15 and 22 years, who, for the most part, have never been charged with crimes, and are imprisoned, apparently indefinitely, without charge or trial.

With just a fortnight to go until the US Presidential Election, these men’s plight has become politically invisible, even though their treatment — outside of all norms governing the deprivation of liberty of individuals — has, from the beginning, relied on their demonization and dehumanization as Muslims, with a clear line stretching from their fundamentally lawless imprisonment to the way that demonized and dehumanized Muslims are being treated in the Gaza Strip today.

Now suffering under their fourth president, the men at Guantánamo had some hope, when Joe Biden took office, that positive changes were on the horizon. NGOs and lawyers had lobbied his transition team, urging that, at the very least, he address the plight of those specifically imprisoned indefinitely without charge or trial, as opposed to those charged in the military commissions, a broken system, first introduced after the 9/11 attacks, before Guantánamo even opened, albeit one with some tangential connection to the law.

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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.

Three weeks ago, a grave injustice took place at Guantánamo, when Abd al-Hadi al-Iraqi, a 62- or 63-year old Iraqi citizen whose real name is Nashwan al-Tamir, and who is Guantánamo’s most profoundly disabled prisoner, was given the maximum sentence possible by a military jury at his sentencing for war crimes in the prison’s military court. The jury gave him a 30-year sentence, although, under a plea deal agreed in June 2022, that was reduced to ten years, meaning that he will not, apparently, be freed from the prison until June 2032.

The reason this is a problem is that al-Iraqi suffers from a chronic degenerative spinal disease, which has not been been dealt with adequately despite the seven surgical interventions he has received in the medical facilities at Guantánamo. Shamefully, prisoners are forbidden, through US law, from being transferred to to the US mainland to receive specialist medical treatment even though grave physical problems like al-Iraqi’s cannot be properly addressed in Guantánamo’s limited medical facilities. All of these problems were highlighted in a devastating 18-page opinion about al-Iraqi’s treatment, which was issued by number of UN Special Mandates on January 11, 2023, the 21st anniversary of the prison’s opening, and which I wrote about here.

The sentence seems particularly punitive because there is no guarantee that al-Iraqi will even survive until 2032, and it is certainly possible, if not probable that, if he does survive, he will by then be completely paralyzed. Two years ago, when the plea deal was announced (which I wrote about here), sentencing was delayed for two years to allow the US government “to find a sympathetic nation to receive him and provide him with lifelong medical care,” and also to hold him while he serves out the rest of his sentence, as Carol Rosenberg explained at the time for the New York Times, given that he cannot be repatriated because of the security situation in Iraq.

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If you have half an hour to spare, I hope you’ll watch my interview about the prison at Guantánamo Bay with Scottie Nell Hughes, on her show 360 View, as featured on the online TV channel Sovren Media, in which the other featured guest was the conservative talk radio host Steve Gill.

Scottie and I had spoken previously when she worked for RT America, between 2018 and the channel’s politically motivated closure in 2022, following Russia’s invasion of Ukraine, and it was good to be given an opportunity to elucidate some of the many incontrovertible reasons why this festering sore from the US’s brutal and lawless post-9/11 experiments in torture, dehumanization and endless imprisonment without charge or trial should be shut down.

I’m glad to say that I was given plenty of time to explain the reasons that Guantánamo must be closed, and should have been “a long, long time ago”, as I put it — because it is, as I also explained, “a legal, moral and ethical abomination, and a great shame for the United States every day that it remains open.”

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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.

Last month, two men that almost no one has heard of — despite them being held and tortured in CIA “black sites” for three years, and then held at Guantánamo for over 17 years — entered guilty pleas in their military commission trial at the war court on the grounds of the US military base in Cuba where the prison is located.

The two men are Mohammed Nazir Bin Lep, 47, and Mohammed Farik Bin Amin, 48, the only two Malaysians held at Guantánamo. Designated as “high-value detainees,” they were brought to Guantánamo in September 2006 with 12 other “high-value detainees,” who had also been held and tortured for years in CIA “black sites.”

However, like most of these 14 men, their stories are largely unknown to the majority of US citizens, and to the majority of those in the US who claim to be journalists, even though, if we were to attach a Bush administration-approved description to them, it would be that they were, allegedly, “the worst of the worst of the worst.”

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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.

In startling news from Guantánamo four days ago, Air Force Col. Matthew McCall, the judge in the military commission case against the five men accused of involvement in the terrorist attacks of September 11, 2001, ruled that one of the men, Ramzi bin al-Shibh, is, as the Associated Press described it, “unfit for trial” after a medical panel found that “torture left him psychotic” — or “lastingly psychotic,” as the article’s opening line stated.

Bin al-Shibh, 51, a Yemeni, was 30 years old when he was seized in a house raid in Karachi, Pakistan on September 11, 2002, the first anniversary of the 9/11 attacks. He was subsequently held for four years in CIA “black sites” around the world — including Morocco, Poland, Romania and a “black site” that existed in Guantánamo in 2003-04 — before his final transfer to Guantánamo in September 2006, with 13 other “high-value detainees,” including the other four men accused of involvement in the 9/11 attacks.

After an abortive attempt, in 2008, to prosecute the five men in the military commissions under President Bush, and a subsequent commitment, in November 2009, to prosecute them in a federal court in New York, which was abandoned after a Republican backlash, the five were charged in a revived military commission system in May 2011.

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Last week, hot on the heels of my interview about Guantánamo with Kevin Gosztola and Rania Khalek for their “Unauthorized Disclosure” podcast, I was delighted to speak again to Scott Horton, the indefatigable interviewer, author and libertarian, who I’ve been talking to on and off for the last 16 years. Scott works so hard that this was, astonishingly, his 5,935th interview!

The focus of our half-hour interview was my recent article, Trial Judge Destroys Guantánamo’s Military Commissions, Rules That “Clean Team” Interrogations Cannot Undo the Effects of Torture, about the recent devastating ruling by Col. Lanny Acosta, the trial judge in the military commission pre-trial hearings (now in their 12th year) for Abd al-Rahim al-Nashiri, accused of being the mastermind of the bombing of the USS Cole in 2000, who was held and tortured in CIA “black sites” for nearly four years before his transfer to Guantánamo in September 2006.

Al-Nashiri had made self-incriminating statements under torture, but the government knew that these could not be used in court, and so, four months after his arrival, a so-called “clean team” of interrogators interviewed him non-coercively, apparently securing voluntary self-incriminating statements. It is these statements, however, that Col. Acosta has just ruled inadmissible, because, as he established, the regime of torture and confession in the “black sites” was so enduring that al-Nashiri had essentially been “conditioned” to believe that, if he didn’t tell his interrogators what they wanted to hear, he would inevitably be subjected to horrendous torture.

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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.

Many thanks to Kevin Gosztola of Shadowproof and The Dissenter for having me on his most recent “Unauthorized Disclosure” podcast with Rania Khalek to discuss the latest news regarding the prison at Guantánamo Bay.

The 40-minute podcast is entitled, “Nearly 8,000 Days of Injustice at Guantánamo Bay,” which is a helpful reminder of quite how long this wretched place has been open, and a reference to the photo campaign I’ve been running for many years now via the Close Guantánamo website (and its Gitmo Clock subsidiary, which counts in real time how long Guantánamo has been open), encouraging supporters to take photos with posters marking every 100 days of the prison’s existence.

The latest poster was for 7,900 days, on August 28, and you can see all the photos here, while the terrible milestone of 8,000 days takes place on December 6, and I hope you can take a photo with the 8,000 days poster and send it to Close Guantánamo.

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