After First Ever Guantánamo Visit, UN Rapporteur Finds Dehumanized, Traumatized Men Subjected to Cruel, Inhuman and Degrading Treatment That May Rise to the Level of Torture

Campaigners for the closure of Guantánamo outside a US government building in Washington, D.C. on January 11, 2017 (Photo: Andy Worthington).

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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 June 26, 7,837 days since the prison at Guantánamo Bay opened, and on the 25th anniversary of the establishment of the UN International Day in Support of Victims of Torture, the Special Procedures of the UN Human Rights Council (“independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective”) issued a devastatingly critical report about systemic, historic and ongoing human rights abuses at the prison, based on the first ever visit by a Special Rapporteur — Fionnuala Ní Aoláin, the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, who visited the prison in February.

At the time of her visit, just 34 men were held at the prison (a number now reduced to 30), out of the 779 men and boys who have been held by the US military throughout the prison’s long history, and, as the Special Rapporteur admitted, she agreed with every “detainee or former detainee,” who, “[i]n every meeting she held” with them, told her, “with great regret,” that she had arrived “too late.”

However, it is crucial to understand that the lateness of the visit was not through a lack of effort on the part of the UN; rather, it was a result of a persistent lack of cooperation by the US authorities — part of a pattern of obstruction, secrecy and surveillance that prevented any UN visit because the authorities failed to comply with the Terms of Reference for Country Visits by Special Procedure Mandate Holders, which require “[c]onfidential and unsupervised contact with witnesses and other private persons, including persons deprived of their liberty.”

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Searching for Justice at Guantánamo: The New Arab Podcast About Abd Al-Rahim Al-Nashiri, Featuring One of His Lawyers, Mansoor Adayfi and Me

The image for The New Arab Voice podcast about Guantánamo, released on June 23, 2023.

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Many thanks to Nadine Talaat of The New Arab for interviewing me for a new podcast, “Searching for Justice at Guantánamo: Tainted evidence and the fight for accountability,” which you can listen to here.

The particular focus of the half-hour podcast is Abd al-Rahim al-Nashiri, a “high-value detainee,” who was held and tortured for nearly four years in CIA “black sites,” before ending up at Guantánamo in September 2006, where he has been held ever since.

Charged with terrorism-related offences in 2008, which were subsequently dropped, al-Nashiri was charged again in 2012, and has been caught up in pre-trial hearings ever since.

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The Broken Old Men of Guantánamo

Abd al-Hadi al-Iraqi, the most physically disabled of Guantánamo’s 30 remaining prisoners, whose inadequate medical treatment at the prison was recently condemned in a scathing UN report.

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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.

In recent months, an often-submerged story at Guantánamo — of aging torture victims with increasingly complex medical requirements, trapped in a broken justice system, and of the US government’s inability to care for them adequately — has surfaced though a number of reports that are finally shining a light on the darkest aspects of a malignant 21-year experiment that, throughout this whole time, has regularly trawled the darkest recesses of American depravity.

Over the years, those of us who have devoted our energies to getting the prison at Guantánamo Bay closed have tended to focus on getting prisoners never charged with a crime released, because, since the Bush years, when, largely without meeting much resistance, George W. Bush released two-thirds of the 779 men and boys rounded up so haphazardly in the years following the 9/11 attacks and the US-led invasion of Afghanistan, getting prisoners out of Guantánamo has increasingly resembled getting blood out of a stone.

Apart from a brief period from 2008 to 2010, when the law finally reached Guantánamo through habeas corpus (before cynical appeals court judges took it away again), getting out of Guantánamo has involved overcoming government inertia (for several years under Obama) or open hostility (under Trump), repeated administrative review processes characterized by extreme caution regarding prisoners never charged with a crime, and against whom the supposed evidence is, to say the least, flimsy (which led to over 60 men being accurately described by the media as “forever prisoners”), and many dozens of cases in which, when finally approved for release because of this fundamental lack of evidence, the men in question have had to wait (often for years) for new homes to be found for them in third countries.

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Saudi Engineer Ghassan Al-Sharbi Sent Home From Guantánamo; 31 Men Remain, 17 Approved For Release

Barbed wire at Guantánamo. No known photo exists of Ghassan Al-Sharbi.

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I’m pleased to report more good news from Guantánamo as Ghassan Al-Sharbi, a Saudi prisoner held for nearly 21 years, has been repatriated. 48 years old, he was just 28 when he arrived at the prison on June 19, 2002.

Al-Sharbi was seized on March 28, 2002, during a number of house raids in Faisalabad, Pakistan, which also led to the capture of Abu Zubaydah, for whom the CIA’s post-9/11 torture program was first developed, in the mistaken — one might even, more appropriately, say deluded — belief that he was a high-ranking member of Al-Qaeda.

Al-Sharbi’s classified military file, released by WikiLeaks in 2011, suggests that he was seized in a guesthouse known as the Aldafa guesthouse, which analysts alleged to be “one of two guesthouses that was ran [sic] by Abu Zubaydah in Faisalabad,” although Al-Sharbi stated that a man named Ahmed “was in charge of the day-to-day operations of the house, not Abu Zubaydah as is sometimes reported.”

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Majid Khan Released From Guantánamo to New Life in Belize; 20 Others Approved for Release But Still Held Must Now Be Prioritized by Biden

Majid Khan, photographed at Guantánamo in 2022.

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Congratulations to Majid Khan, the former Guantánamo prisoner who is beginning a new life in the central American coastal country of Belize, formerly known as British Honduras when, for over a century, it was under British rule.

Now 42 years old, Khan spent almost half his life in US custody, and was, for most of that time, one of the most profoundly isolated prisoners in the whole of the “war on terror.” He is the first of 16 “high-value detainees” held at Guantánamo to be released, the sixth prisoner released under President Biden, and the first of these six to be resettled in a third country.

Seized in Karachi in March 2003, Majid Khan disappeared into the CIA’s global network of “black sites” for three and a half years — when his family had no idea of his whereabouts — until President Bush announced in September 2006 that he was one of 14 ”high-value detainees” transferred from the CIA’s secret torture prisons to Guantánamo.

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Convicted Guantánamo Prisoner Ali Hamza Al-Bahlul Seeks An End to His 14 Years of Solitary Confinement

Ali Hamza al-Bahlul, in a photo taken at Guantánamo and included in his classified military file, dated November 15, 2007, which was released by WikiLeaks in 2011.

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Does anyone even remember Ali Hamza al-Bahlul?

14 years ago, on November 3, 2008, the day before Barack Obama won the 2008 presidential election, Ali Hamza al-Bahlul, a 39-year old Yemeni, who had been held in the prison at Guantánamo Bay since he arrived on the first flight into the prison on January 11, 2002, received a life sentence in his military commission trial, for which he had refused to mount a defense, and has been held ever since in solitary confinement.

That ought to be a shocking situation, but uncomfortable truths tend to be swallowed up in Guantánamo, and al-Bahlul’s apparently endless solitary confinement has been largely forgotten.

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President Biden’s Decisive Moves Towards the Closure of the Prison at Guantánamo Bay

A collage of Joe Biden and the prison at Guantánamo Bay.

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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.

When President Biden was elected in November 2020, opponents of the continued existence of the prison at Guantánamo Bay were cautiously optimistic that there would be renewed movement towards the closure of the prison.

After four years of Donald Trump, it was hard not to have some semblance of hope that there would be progress towards finally ridding the US — and the world — of this lingering symbol of the brutal and lawless excesses of George W. Bush’s “war on terror,” where men have been subjected to torture and other forms of abuse, and where the majority of the 779 men held by the military since the prison opened on January 11, 2002 have been imprisoned without charge or trial, and with little effort made to ensure that the law extended to them in any meaningful sense.

Nearly two years into Biden’s presidency, our cautious optimism has been both rewarded and thwarted.

No doubt chastened by the Republican backlash that greeted President Obama’s stated intention, as soon as he took office, of closing Guantánamo within a year, Biden took a low-key approach instead — not speaking openly about Guantánamo at all, and only indicating, via his press secretary, that there would be a review of the prison’s operations, and that the administration hoped to close it by the end of his presidency.

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My Reflections on Guantánamo and the 21st Anniversary of the 9/11 Attacks and a Video of My Interview on Salaamedia in South Africa

A screenshot of Andy Worthington discussing Guantánamo and the 21st anniversary of the 9/11 attacks with Inayat Wadee on Salaamedia in South Africa on September 9, 2022.

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Today marks the 21st anniversary of the terrorist attacks on September 11, 2001, when nearly 3,000 people lost their lives in coordinated terrorist attacks on the twin towers of the World Trade Center in New York, and the Pentagon in Washington, D.C.

Sadly, it also marks the launch, in response, of a global ”war on terror” by the administration of George W. Bush that led to the invasion and occupation of Afghanistan, a 20-year endeavor that ended in humiliation last year when the US withdrew from Afghanistan, handing the country back to the Taliban; the illegal occupation of Iraq; the shredding of the Geneva Conventions in both countries; the establishment of a global, extrajudicial program of kidnapping, torture and indefinite imprisonment without charge or trial that, between 2002 and 2006, involved the CIA establishing and running numerous “black sites” (torture prisons) around the world; and the creation of a prison at Guantánamo Bay, in Cuba, where 779 men (and boys) have been held by the US military since it opened on January 11, 2002.

Since 2006, I have assiduously chronicled the monstrous injustices of Guantánamo, sought to expose and tell the stories of the prisoners held there — most of whom had nothing whatsoever to do with international terrorism — and campaigned for the prison’s closure, and two days ago, to mark the 21st anniversary of the 9/11 attacks, I was delighted to be interviewed by Inayat Wadee, of Salaamedia in South Africa, about the anniversary, and about the shameful ongoing existence of Guantánamo, where 36 men are still held.

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The US Government’s Entirely Predictable Problems with Resettling Guantánamo Prisoner Majid Khan

Majid Khan over the years: as a student in 1999, prior to his capture; shortly after his arrival at Guantánamo, after three and a half years of forture in CIA “black sites”; during the negotiations regarding his plea deal; and in recent years.

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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 difficult enough to get out of Guantánamo at the best of times, and considerably more difficult when the US authorities have to find a third country prepared to take in former prisoners, generally because it is unsafe for them to be returned to the countries of their birth.

In dozens of resettlement cases over the years, the US government has made resettlement additionally difficult by refusing to concede that the men in question might have been fundamentally insignificant by sharing assessment files from Guantánamo with the governments of these countries (fundamentally, the files released by WikiLeaks in 2011), which, more often than not, are full of lies about the prisoners, extracted from their fellow prisoners under duress, or through the promise of favorable treatment, to justify their lawless imprisonment (without any adequate screening at the time of capture) in the first place.

Last week, a new twist on these difficulties came to light in the District Court in Washington, D.C., as Justice Department lawyers sought to prevent a judge from addressing a habeas corpus petition submitted by the Pakistani national Majid Khan, who has been imprisoned at Guantánamo since September 2006, and who previously spent three and a half years in CIA “black sites,” where he was subjected to torture.

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Abd Al-Hadi Al-Iraqi is First “High-Value Detainee” To Accept Plea Deal at Guantánamo, Could Be Freed by 2024

Abd al-Hadi al-Iraqi, in a photo taken at Guantánamo in recent years 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.

Two weeks ago, a significant event took place at Guantánamo, when Abd al-Hadi al-Iraqi, a 60- or 61-year old “high-value detainee,” whose real name is Nashwan al-Tamir, and who was one of the last prisoners to arrive at Guantánamo, in April 2007, admitted to being involved in war crimes in a plea deal that could see him released from the prison by 2024.

It is the first plea deal reached with a “high-value detainee” under President Biden, and may indicate a way forward for the other nine “high-value detainee” trials, including those of the five men accused of involvement in the 9/11 attacks, and of Abd al-Rahim al-Nashiri, accused of involvement in the attack, in 2000, on the USS Cole, in which 17 US Navy sailors were killed. The trials are stuck in seemingly endless pre-trial hearings, largely because of the seemingly unresolvable problem of providing fair trials to men who were tortured, and it is noteworthy that, in March, it was reported that plea deals were being discussed in connection with the 9/11 trial.

When al-Iraqi arrived at Guantánamo over 15 years ago, the Pentagon described him as “one of al-Qaeda’s most senior and most experienced operatives,” although details about how he ended up at Guantánamo were rather more shady. A Pentagon spokesman, Bryan Whitman, explained that he had been transferred to DoD custody from the custody of the CIA, although he “would not say where or when al-Iraqi was captured or by whom,” while a US intelligence official, “speaking on condition of anonymity because of the sensitivity of the matter,” told the Associated Press that al-Iraqi had been captured in late 2006 “in an operation that involved many people in more than one country.”

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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, singer/songwriter (The Four Fathers).
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