Four “High-Value Detainees” Have Their Ongoing Imprisonment at Guantánamo Upheld by Periodic Review Boards

Afghan prisoner Muhammad Rahim, in a photo taken in Guantanamo by representatives of the International Committee of the Red Cross, and made available to his family, who made it publicly available via his lawyers.

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On September 8, as I reported here, Hassan bin Attash, a former child prisoner and the younger brother of a “high-value detainee,” became the 64th and last prisoner to have his case considered by a Periodic Review Board. Set up in 2013 to review the cases of all the prisoners who are not facing trials (just ten men) or who had not already been approved for release by an earlier review process (2009’s Guantánamo Review Task Force), the PRBs began in November 2013, and function like parole boards. If prisoners can demonstrate contrition, and can also demonstrate that they bear no malice towards the US, and have coherent post-release work plans, and, preferably, supportive families, then they can be recommended for release.

Noticeably, of the 64 prisoners whose cases have been considered, 33 — over half —have had their release approved (and 20 of those have been freed), while 23 others have had their ongoing imprisonment approved. Eight decisions have yet to be taken. See my definitive Periodic Review Board list on the Close Guantánamo website for further details.

At the time of Hassan bin Attash’s PRB, just 19 men had had their ongoing imprisonment approved, but in the last three weeks four more decisions were announced — all decisions to continue holding the men whose cases had been reviewed. Fundamentally, this was not a surprise — the four men were all “high-value detainees,” men held and tortured in CIA “black sites” before their arrival at Guantánamo, and although seven HVDs have had PRBs, none have yet been approved from release (the three others are awaiting decisions). Read the rest of this entry »

Eroding Hyperbole: The Steady Reclassification of Guantánamo’s “Forever Prisoners”

Mansoor-al-Zahari at Guantanamo, in a photo included in the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Despite the relentless fearmongering of Republican supporters of Guantánamo, claims that the prison holds a significant number of people who pose a threat to the US continue to be eroded; primarily, in recent years, through the deliberations of Periodic Review Boards — panels 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, who hear from the prisoners, their lawyers and their military representatives via video-link from Guantánamo, where the men are able to make a case for why they should be approved for release.

The men in question have, with some accuracy, been dubbed “forever prisoners” by the media. Originally numbering 71 men, they comprised two groups: 46 men assessed to be “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009 to recommend whether the men he inherited from George W. Bush should be released or prosecuted. This third alarming option — “too dangerous to release” — was, as far as we know, dreamt up by the task force itself, for prisoners regarded as a threat but against whom insufficient evidence existed to put them on trial.

Reading between the lines, this meant tainted evidence — in other words, men regarded as unprovably dangerous because the evidence against them was derived through the use of torture or other forms of abuse, making it fundamentally untrustworthy — or, in some (perhaps many) cases, a perceived attitude problem: prisoners who, though perhaps understandably aggrieved at being held without charge or trial for over a decade in abusive conditions, had threatened retaliation, however hollow those threats may have been, that were taken seriously by the authorities. Read the rest of this entry »

97-Pound Yemeni Hunger Striker Appears Before Periodic Review Board As Saudi is Approved for Release from Guantánamo

Muhammad al-Shumrani, in a photo included in the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

After months of inaction on Guantánamo, there has, in recent weeks, been a flurry of activity, with two prisoners released (one to Morocco and one to Saudi Arabia), and with the approval of two prisoners for release by Periodic Review Boards (Omar Mohammed Khalifh, a Libyan, and Fayiz al-Kandari, the last Kuwaiti in the prison, who was recommended for ongoing imprisonment by a PRB last year, but was given a second opportunity in July to persuade the board that he is no threat to the United States, which was successful).

On Friday, it was also revealed that Shaker Aamer, the last British resident in Guantánamo (who I have written about extensively for Close Guantánamo, and for whom I co-founded a high-profile campaign in the UK, We Stand With Shaker), will be freed within the next month, and it is expected that a Mauritanian, Ahmed Ould Abdel Aziz, long approved for release like Shaker, will also be freed soon, along with two the prisoners whose cases are with defense secretary Ashton Carter, but who have not been publicly identified.

Adding to all this news, last week — largely unnoticed in the media — another prisoner was approved for release by a Periodic Review Board, the review process established two years ago to review the cases of all the men who were not previously approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, and who are not facing trials. Read the rest of this entry »

War Is Over, Set Us Free, Say Guantánamo Prisoners; Judge Says No

Guantanamo prisoner Mukhtar al-Warafi, in a photo from the classified military files released by WikiLeaks in 2011.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Back in March, as I explained in an article at the time, lawyers for five Afghan prisoners still held at Guantánamo wrote a letter to President Obama and other senior officials in the Obama administration, in which they sought their release, on the basis that, as the lawyers put it, “Their continued detention is illegal because the hostilities in Afghanistan, the only possible justification for detention, have ended. Therefore, these individuals should be released and repatriated or resettled immediately.” They referred to President Obama’s State of the Union Address, on January 20 this year, at which the president said, “Tonight, for the first time since 9/11, our combat mission in Afghanistan is over.”

In my article, I also mentioned a federal court filing submitted on behalf of a Yemeni prisoner, Mukhtar al-Warafi, at the end of February calling for his release for similar reasons. I stated, “One of al-Warafi’s lawyers is Brian Foster, who, with colleagues at the law firm Covington & Burling, represents prisoners accused of being involved with the Taliban as well as others accused of having some involvement with al-Qaeda. Foster said they ‘chose al-Warafi’s case as a first test because he was only ever named as a member of the Taliban, offering a clearer argument for why he should be set free now,’ as opposed to men accused of having al-Qaeda connections.”

As I also discussed recently, al-Warafi was approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010, but had his habeas corpus petition subsequently challenged by the Justice Department, in an example of a lack of joined-up thinking within the government. Al-Warafi’s habeas petition was subsequently turned down by a judge in March 2010. Read the rest of this entry »

Guantánamo “An Endless Horror Movie”: Hunger Striker Appeals for Help to Inter-American Commission on Human Rights

Muaz al-Alawi (aka Moath al-Alwi), in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.In the long struggle for justice at Guantánamo — a prison intended at its founding, 13 years ago, to be beyond the law — there have been few occasions when any outside body has been able to exert any meaningful pressure on the US regarding the imprisonment, mostly without charge or trial, of the men held there.

One exception is the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), whose mission is “to promote and protect human rights in the American hemisphere,” and whose resolutions are supposed to be binding on the US, which is a member state.

The IACHR has long taken an interest in Guantánamo (as this page on their website explains), and three years ago delivered a powerful ruling in the case of Djamel Ameziane, an Algerian who was still held despite being approved for release (a situation currently faced by 56 of the 122 men still held). Read the rest of this entry »

“It Is All Theater, It Is All A Game,” Yemeni “Forever Prisoner” Says from Guantánamo

It is, I believe, impossible to argue with the logic of Muaz al-Alawi, a Yemeni prisoner in Guantánamo, who recently told his lawyer, Ramzi Kassem, that, when attempting to make sense of Guantánamo, only one analysis is necessary: “It is all political,” al-Alawi told him. “It is all theater, it is all a game.”

The US has such disdain for the prisoners at Guantánamo that, 12 and a half years on from the prison’s opening, they are still identified by the names given to them at the time of their capture, by personnel unfamiliar with the languages of their home countries — Arabic, for example. As a result, al-Alawi is identified as Moath al-Alwi.

His comments, made to Kassem, an associate professor of law at the City University of New York who directs the Immigrant and Non-Citizen Rights Clinic, which represents prisoners at Guantánamo and elsewhere, were in the context of the manufactured hysteria regarding the release of five Taliban prisoners in exchange for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, which I have written about here, here and here (and also see my Democracy Now! appearance). Read the rest of this entry »

Although Two Men Weigh 75 Pounds or Less, Guantánamo Prisoner Moath Al-Alwi Says, “We Will Remain on Hunger Strike”

Moath al-Alwi (aka Muaz or Moaz al-Alawi), in a photo included in the classified US military documents (the Detainee Assessment Briefs) released by WikiLeaks in April 2011.For six months, Guantánamo managed to be in the news on a regular basis, as a prison-wide hunger strike succeeded in pricking the consciences of the mainstream media. Unfortunately, since the numbers of those involved fell (from 106 on July 10 to 53 a month later), the media largely moved on. At the height of the hunger strike, 46 prisoners were being force-fed, a process condemned by medical professionals, but although the US authorities state that just 15 prisoners are currently on a hunger strike, all of them are being force-fed.

Moreover, as was explained this week in an op-ed for Al-Jazeera America by Moath al-Alwi, a Yemeni prisoner also known as Moaz al-Alawi, the men who are still hunger striking have no intention of giving up, even though, as al-Alwi explains, some have lost so much weight that their appearance would send shockwaves around the world if a photograph were to be leaked. As he states, “one of my fellow prisoners now weighs only 75 pounds. Another weighed in at 67 pounds before they isolated him in another area of the prison facility.”

The situation for the prisoners who are still on a hunger strike is clearly horrific. As al-Alwi states in his op-ed, which I’m posting below, the force-feeding remains “painful and horrific,” as it was when he described it previously, in another op-ed for Al-Jazeera in July that I’m also posting below. Read the rest of this entry »

Guantánamo Stories: 19 of the 43 Men Being Force-Fed in the Prison-Wide Hunger Strike

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This is my 2000th post since I began writing articles about Guantánamo on a full-time basis as a freelance investigative journalist and commentator six years ago. Please donate to support my work if you appreciate what I do.

As the prison-wide hunger strike at Guantánamo reaches its 128th day, we are still awaiting action from President Obama, who promised three weeks ago to resume the release of cleared prisoners (who make up 86 out of the remaining 166 prisoners), and to appoint new envoys in the State Department and the Pentagon to deal with the resettlement of prisoners.

In the meantime, conditions in Guantánamo are harsher than they have been at any time since President Obama took office, nearly four and a half years ago. Two months ago, the authorities staged a violent dawn raid on Camp 6, where the majority of the prisoners are held, and where they had been allowed to spend much of their time communally, and locked everyone up in solitary confinement.

Militarily, this may have restored order, but it has not broken the hunger strike, and morally and ethically it is a disgrace. The reason the men are on a hunger strike is not to inconvenience the guard force, but to protest about their ongoing imprisonment — in almost all cases without charge or trial, and literally with no end in sight, after their abandonment by all three branches of the US government. As a result, a lockdown, which involves isolating these men from one another while they starve themselves, and while many of them are force-fed, is the cruellest way to proceed. Read the rest of this entry »

Voices from the Hunger Strike in Guantánamo

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Here at “Close Guantánamo,” we are deeply concerned about the prison-wide hunger strike at Guantánamo, which we first wrote about here, and its effect on prisoners already ground down by what, for the majority of them, is eleven years of indefinite detention without charge or trial, with no end to their imprisonment in sight after President Obama failed to fulfill his promise to close the prison.

The President has been hindered by the intervention of Congress, where lawmakers, for cynical reasons, intervened to impose almost insurmountable restrictions to the release of prisoners, but President Obama is also to blame — through his refusal to make Guantánamo an issue, since that promise to close it on his second day in office, and through his imposition of an unjustifiable ban on releasing Yemenis cleared for release by his own inter-agency Guantánamo Review Task Force.

Of the 166 men still held, 86 were cleared for release by the Task Force, and two-thirds of these men are Yemenis, consigned to Guantánamo, possibly forever, because, over three years ago, a Nigerian man, recruited in Yemen, tried and failed to blow up a plane bound for the US and a moratorium on releasing Yemenis was issued by President Obama. The others are either hostages of Congress, or men in need of third countries to offer them a new home, because they face torture or other ill-treatment their home countries. Read the rest of this entry »

Meet the Seven Guantánamo Prisoners Whose Appeals Were Turned Down by the Supreme Court

I wrote the following article for the “Close Guantánamo” website, which I established in January with 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.

This week, the Supreme Court took a decision not to accept appeals by seven Guantánamo prisoners who, over the last few years, either had their habeas petitions denied, or had their successful petitions overturned on appeal. The ruling came the day before the 4th anniversary of Boumediene v. Bush, the 2008 case in which the Supreme Court granted the prisoners constitutionally guaranteed habeas corpus rights.

That led to a number of stunning court victories for the prisoners between 2008 and 2010, but in the last two years no prisoners have had their habeas petitions granted, because judges in the D.C. Circuit Court, a bastion of Bush-era paranoia about the “war on terror,” where the deeply Conservative Senior Judge A. Raymond Randolph holds sway, have unfairly rewritten the rules in the government’s favor, so that it is now almost impossible for a habeas petition to be granted. Read the rest of this entry »

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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, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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