Guantánamo: Two Malaysians Convicted of Terrorism Repatriated to Serve Out the Rest of Their Sentences; 18 Men Never Charged Are Still Held
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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.
Guantánamo’s Sole Kenyan Prisoner Is Freed; 15 Other Men Long Approved for Release Must Now Be Freed Too
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Wonderful news from Guantánamo, as Mohammed Abdul Malik Bajabu, the prison’s sole Kenyan prisoner, and one of 16 men who had long been approved for release, has been repatriated and reunited with his family, leaving 29 men in total still held at the prison.
The release confirms that, behind the scenes, the Biden administration has taken seriously the scandal of holding 16 men unanimously approved for release by high-level US government review processes — decisions that were taken between two and four years ago, and in three outlying cases, nearly 15 years ago.
Bajabu, with two other men, was approved for release by a Periodic Review Board, a parole-type process established by President Obama in 2013, almost three years ago, on December 27, 2021, but had not been freed in part because the review process is purely administrative, meaning that no legal mechanism exists to compel the government to free any of these men if they cannot be bothered or find it politically inconvenient.
Free the Guantánamo 16: A Message to President Biden as His Time Runs Out
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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.
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.
Ex-Guantánamo Prisoner Abdul Rahim Rabbani Dies After 20 Years of Medical Neglect by the US and Inadequate Care Since His Release
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Sad news from Pakistan, where, on Friday November 1, former Guantánamo prisoner Abdul Rahim Ghulam Rabbani (ISN 1460) died at just 57 years of age. Abdul Rahim is on the right in the photo, with former Pakistani Senator Mushtaq Ahmad Khan in the center and Abdul Rahim’s younger brother Ahmed on the left.
Rohingya Muslims from Myanmar, the brothers had lived in Saudi Arabia, where their uncle was the imam of a mosque in Medina, and held Pakistani passports, but they were seized in Karachi during a number of house raids on September 11, 2002, and were then held and tortured in CIA “black sites” for a year and a half before arriving at Guantánamo in September 2004, where they were held without charge or trial for 18 and a half years until their release in February 2023.
The US authorities liked to claim that the brothers were “Al-Qaeda facilitators”, but they clearly had no evidence, as neither man was ever charged in the prison’s court system, the military commissions, and it seemed much more probable that they were, as they attested, a chef and a taxi driver. Nevertheless, they were repeatedly recommended for ongoing imprisonment without charge or trial by various high-level government review processes until May 2021, when Abdul Rahim was recommended for release by a Periodic Review Board, with a similar recommendation for Ahmed following in October 2021.
The Bleakness of Guantánamo, as Biden’s End Nears
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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 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.
Guantánamo Scandal: Eleven Men Were Set to Be Freed Last October, Until “Political Optics” Shifted After Hamas’ Attack on Israel
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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.
Thanks to NBC News, and the four anonymous US government officials who spoke to them, for exposing the latest scandal involving the US prison at Guantánamo Bay — the refusal of the Biden administration to release eleven men, for whom long months of negotiation had secured a safe and viable resettlement option, because of the perceived “political optics” of freeing them after the attacks on Israel by Hamas and other militants on October 7.
Within Guantánamo circles, this scandal was well known, but attorneys for the men had been subjected to a Protective Order issued by the government, preventing them from talking about it, and, as a result, they had all dutifully kept quiet, as had others, like myself, who had got to know about it.
Their silence is, in itself, an indictment of how the US government operates at Guantánamo, as I also recognised when I refused to publicize it, because of the fundamentally lawless situation in which these men are held.
Held for 900 Days Since Being Approved for Release from Guantánamo: Sanad Al-Kazimi, a Yemeni Torture Victim
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Today marks 900 days since Sanad al-Kazimi, a 54-year old Yemeni, and a father of four, was unanimously approved for release from Guantánamo by a Periodic Review Board, a high-level US government review process established under President Obama.
This article, telling his story, is the ninth in an ongoing series of ten articles, published since early February, telling the stories of the 16 men (out of 30 still held at Guantánamo in total) who have long been approved for release. The articles are published alternately here and on the Close Guantánamo website, with their publication tied into significant dates in their long ordeal.
While most of the 779 men held at Guantánamo since it opened over 22 years ago were picked up — or bought — in Afghanistan or Pakistan and processed through military prisons in Afghanistan before their arrival at Guantánamo (mostly between December 2001 and November 2003), al-Kazimi was one of around 40 prisoners whose arrival at Guantánamo involved a more circuitous route, through the network of CIA “black sites” established and run in other countries between March 2002 and September 2006, and, in some cases, in proxy prisons in other countries run on behalf of the CIA.
Held for 600 Days Since Being Approved for Release from Guantánamo: Khaled Qassim, a Talented Artist
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Sunday (March 10) marked 600 days since Khaled Qassim (aka Khalid Qasim), a 47-year old Yemeni, was unanimously approved for release from Guantánamo by a Periodic Review Board, a high-level US government review process.
That decision took place on July 19, 2022, but nearly 20 months later Khaled is still awaiting his freedom, a victim, like the 15 other men unanimously approved for release by high-level US government review processes, of an inertia at the very top of the US government — in the White House, and in the offices of Antony Blinken, the Secretary of State.
For the last year and a half, an official in the State Department — former ambassador Tina Kaidanow — has been working on resettling the men approved for release, most of whom, like Khaled, are Yemenis, and cannot be sent home because of a ban on their repatriation, inserted by Republicans into the annual National Defense Authorization Act in the early days of Barack Obama’s presidency, and renewed every year since.
Held for 800 Days Since Being Approved for Release from Guantánamo: Moath Al-Alwi, Zakaria Al-Baidany and Mohammed Abdul Malik Bajabu
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This is the fifth in a new series of ten articles, alternately posted here and on the Close Guantánamo website, telling the stories of the 16 men still held at Guantánamo (out of 30 men in total), who have long been approved for release from the prison by high-level US government review processes, but have no idea of when, if ever, they will actually be freed. The first four articles are here, here, here and here.
Shamefully, these men are still held because the reviews were purely administrative, meaning that no legal mechanism exists to compel the US government to free them, if, as is apparent, senior officials are unwilling to prioritize their release.
To be fair, most of these men cannot be repatriated, because of US laws preventing the return of men from Guantánamo to countries including Yemen, where most of the men are from, but if senior officials — especially President Biden and Antony Blinken — cared enough, these men would already have been freed, and the suspicion, sadly, must be that they are failing to do anything because the they don’t want to upset the handful of Republican lawmakers who are fanatical in their support for Guantánamo’s continued existence, while they seek the GOP’s cooperation in funding military support for Israel and Ukraine.
At Guantánamo, Accomplices in the 2002 Bali Bombings Reach A Plea Deal, May Be Released By 2029
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.”
Who's still at Guantánamo?
