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. Also, if you’re a UK citizen or resident, please sign the e-petition to the British government calling for the immediate release of Shaker Aamer, the last British resident in Guantánamo, and also please sign the international petition, which anyone can sign.

On the eve of the Presidential election in the United States, it remains disgraceful that the injustices of the George W. Bush years still persist, with torturers officially protected, and President Obama’s promise to close the “war on terror” prison at Guantánamo unfulfilled and largely unmentioned.

The failure to close Guantánamo is compounded, as we have been reporting since establishing this campaign and website in January, by the fact that 86 of the remaining 166 prisoners at Guantánamo were cleared for release in 2009 by the Guantánamo Review Task Force, which consisted of around 60 officials from the main government departments and the intelligence agencies, who reviewed all the prisoners’ cases before reaching their careful conclusions. In addition, many of these men were also cleared for release under the Bush administration — in some cases, as long ago as 2004. Read the rest of this entry »

What is the government doing? Last year, when Congress passed the National Defense Authorization Act (NDAA), with its contentious passages endorsing the mandatory military detention of terror suspects, there was uproar across the political spectrum from Americans who believed that it would be used on US citizens.

In fact, it was unclear whether or not this was the case. The NDAA was in many ways a follow-up to the Authorization for Use of Military Force, passed by Congress the week after the 9/11 attacks, which authorized the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

As confirmed by the Supreme Court in June 2004, in Hamdi v. Rumsfeld, the NDAA also allowed those seized — who were allegedly involved with al-Qaeda and/or the Taliban — to be held until the end of hostilities. The AUMF was, and remains the basis for the detention of prisoners at Guantánamo, but on two occasions President Bush decided that it applied to US citizens — in the cases of Jose Padilla and Yaser Hamdi, who were held on US soil as “enemy combatants” and subjected to torture. Read the rest of this entry »

Getting out of Guantánamo is such a feat these days (with just three men released in the last 18 months) that it is remarkable that Ibrahim al-Qosi, a Sudanese prisoner who agreed to a plea deal at his war crimes trial in Guantánamo in July 2010, guaranteeing that he would be freed after two years, has been repatriated as promised. 168 prisoners now remain in Guantánamo.

With a typical disregard for the principle that a prisoner — any prisoner — must be freed when their sentence comes to an end, the US has maintained, since the “war on terror” began nearly 11 years ago, that prisoners at Guantánamo can continue to be held after their sentence has come to an end, and be returned to the general population as “enemy combatants,” even though President Bush failed to do this when he had the opportunity — with Salim Hamdan, a driver for Osama bin Laden who was freed after serving a five-month sentence handed down after his military trial in 2008.

A source with knowledge of al-Qosi’s case, who does not wish to be identified, told me that the Obama administration was unwilling to detain al-Qosi after his sentence came to an end, and I believe that one of the reasons that the President negotiated a waiver to the provisions in the National Defense Authorization Act, allowing him to bypass restrictions on releasing prisoners that were imposed by Congress, was to prevent Republicans from trying to force him to continue holding al-Qosi. Read the rest of this entry »

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.

Last Sunday, in “A Cruel and Unusual Record,” an op-ed in the New York Times, just two days before the International Day in Support of Victims of Torture, former US President Jimmy Carter delivered an impassioned plea for the US to undo the ruinous effects of ten years of the “war on terror” — or the “long war,” as it is now more fashionably known — and to regain its moral authority around the world.

The former President began by stating that the United States was “abandoning its role as the global champion of human rights,” and seized, in particular, on the fact that senior officials in the Obama administration “are targeting people to be assassinated abroad, including American citizens,” and the recent revelation that President Obama personally approves drone attacks based on a “kill list” as “only the most recent, disturbing proof of how far our nation’s violation of human rights has extended.” Read the rest of this entry »

Yesterday, I was rung by a journalist from Press TV, asking me to discuss my recent article, US Judge Rules Against Military Detention of US Terror Suspects – But What About the Foreigners in Guantánamo?

My three and a half minute commentary is available here, and in it I reiterated that, while I fully understand the outrage in the United States about the provisions demanding the mandatory military of alleged terror suspects — including US citizens — that were included by dangerously deluded or cynical lawmakers in last year’s National Defense Authorization Act (NDAA), what has been largely missing from the conversation is a recognition that this assault on the rights of American not to be arbitrarily imprisoned by their own government would not have been possible without the existence of Guantánamo.

At Guantánamo, foreigners — but not Americans — have been arbitrarily detained for ten years, and opponents of the NDAA also need to recognize that the legislation that underpins al of these outrageous detention provisions (both at Guantánamo and in the NDAA) is the Authorization for Use of Military Force (AUMF), which urgently needs repealing, as I explained in an article last year, After Ten Years of the “War on Terror,” It’s Time to Scrap the Authorization for Use of Military Force. Read the rest of this entry »

Last week, in New York, a US judge, District Judge Katherine Forrest, took a stand against a contentious provision inserted into the current National Defense Authorization Act (PDF), ruling that it was unconstitutional for lawmakers to demand that, in future, those accused of involvement with terrorism — including US citizens and residents — must be subjected to mandatory military custody, and held indefinitely without charge or trial (PDF).

The provision (Section 1021), designed to allow detention without trial until the end of the hostilities in the “war on terror,” is meant to apply to anyone “who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks,” or anyone “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

Of particular concern to the plaintiffs in the case — led by the journalist Chris Hedges, and also including Noam Chomsky, Daniel Ellsberg, the Icelandic parliamentarian and WikiLeaks activist Birgitta Jónsdóttir, Kai Wargalla of Occupy London, and the US journalists and activists Jennifer Bolen and Alexa O’Brien — was the inclusion of anyone who “has directly supported … hostilities in aid of such enemy forces,” because they perceived that it could apply to speech, or the written word, endangering journalists and activists, for example, and would contravene Americans’ First Amendment rights. Read the rest of this entry »

On Tuesday April 24, from 6:30 to 8:30pm, I will be beamed into Room 407a of the New School, at 66 West 12th Street, in New York City, for a panel discussion, “The Human Face of Indefinite Detention: Shaker Aamer, Guantánamo and the NDAA,” with some good friends of mine — Col. Morris Davis, the former Chief Prosecutor at Guantánamo, and Ramzi Kassem, one of the lawyers for Shaker Aamer, the last British resident in Guantánamo. The moderator is Thenjiwe McHarris of Amnesty International USA, and the event will be introduced by another friend, Jeremy Varon, Associate Professor of History at the New School for Social Research and Eugene Lang College, and a member of Witness Against Torture, and by Steve Latimer — also of Amnesty International USA.

Morris Davis and I meet every January in Washington D.C. for panel discussions at the New America Foundation on the anniversary of Guantánamo’s opening, and Ramzi recently made available to me the unclassified exchanges between himself and Shaker, and a statement that Shaker had written, which I used as the basis for two world exclusive articles, “They Want Me to be Harmed”: Shaker Aamer, the Last British Resident in Guantánamo, Describes His Isolation and “I Affirm Our Right to Life”: Shaker Aamer, the Last British Resident in Guantánamo, Explains His Peaceful Protest and Hunger Strike.

The provisional running order has the event starting, after introductions, with a short clip from “Outside the Law: Stories from Guantánamo,” the documentary film I co-directed with Polly Nash, which deals with Shaker Aamer’s story, followed by Ramzi discussing Shaker’s case for 15 minutes, me discussing the history of Guantánamo and what’s happening there now for 15 minutes, and Col. Davis speaking about why Guantánamo and the abuses it symbolizes are human rights violations and must end — also for 15 minutes. Thenjiwe will then urge people to sign Amnesty’s Shaker Aamer petition — and also see the petition on the Care 2 Petition Site, and the UK e-petition to the British government — and this will be followed by a discussion. Read the rest of this entry »

In January, when I visited the US for events to mark the 10th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, and to renew calls for the prison to be closed, as President Obama promised on his second day in office, I paid a flying visit to San Francisco to take part in a conversation about Guantánamo past, present and future with my friend and colleague Jason Leopold, the lead investigative reporter for Truthout. Our hour-long conversation was filmed, and I posted an unedited version last month, but now I’m delighted to present an edited, 20-minute version, along with an insightful commentary, which was posted on Truthout yesterday.

The video was filmed and edited by Hans Bennett, a multi-media journalist whose work focuses on the movement to free Mumia Abu-Jamal and all political prisoners, and was produced in association with Angola 3 News, a project of the International Coalition to Free the Angola 3. As Angola 3 News noted, “In 2007 and 2011, Amnesty International issued statements in support of Herman Wallace and Albert Woodfox, the two members of the Angola 3 who remain in prison today, after more than 39 years of solitary confinement.”

I’m very pleased with the analysis of our conversation, which is posted below. I don’t want to flag up too much of it in this introduction, as I hope you have the time to read it — and to watch the video — but I was delighted with the explanation about Guantánamo’s “True Secret,” which was my response to a journalist suggesting, at a press conference in Washington D.C. on January 11, that “perhaps President Obama has not shut Guantánamo down because of some ‘dark secrets’ that cannot be made public for legitimate reasons of national security.” As I explained at the press conference, and again in San Francisco: Read the rest of this entry »

Last Thursday, February 16, Umar Farouk Abdulmutallab, the so-called “underwear bomber,” received a life sentence in a courtroom in Detroit. Abdulmutallab, a Nigerian, had tried and failed to blow up a plane bound for Detroit on Christmas Day 2009, receiving serious burns when the bomb failed to detonate.

After he was apprehended, he was read his Miranda rights, and interrogated non-coercively by the FBI, but this was not acceptable to supporters of torture, who proceeded to demonstrate that a new phase of fearmongering and paranoia was opening up in what should, by then, have been the dying days of the “war on terror.”

In this new spirit of hysteria, the discovery that he had been recruited for his failed mission in Yemen led to a chorus of demands that no more Guantánamo prisoners should be released to Yemen — from Sen. Joe Lieberman (I-CT), Rep. Peter Hoekstra (R-Mich.), Rep. Peter King (R-NY), and even Bennie Thompson (D-Miss.), the Chairman of the House Homeland Security Committee, who told Politico, “In terms of sending more of them to return to Yemen, it would be a bit of a reach. I’d, at a minimum, say that whatever we were about to do we’d at least have to scrub it again from top to bottom.” Read the rest of this entry »

Last month, when I was in the US to campaign for the closure of Guantánamo on the 10th anniversary of the opening of the Bush administration’s “war on terror” prison, I paid a visit, during my 30-hour visit to San Francisco and the Bay Area, to KPFA in Berkeley for an interview on “The Morning Mix with Project Censored,” which also featured the wonderful singer/songwriter David Rovics, Pardiss Kebriaei of the Center for Constitutional Rights, and Almerindo Ojeda of UC Davis, who runs the university’s Guantánamo Testimonials Project.

That half-hour show is here, and it was regarded by the producers as covering so much important material in such a short amount of time that a decision was made to run an extended version, as part of a fundraising drive, on February 17, and the resultant two and a half hour show is available here, and is embedded below. Read the rest of this entry »