A Guantánamo Insider’s Detailed Proposal for How Joe Biden Can Finally Close the Prison

A composite image of President Elect Joe Biden and Camp 6 at Guantánamo.

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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.

With Joe Biden’s victory in the Presidential Election, it’s reassuring that Guantánamo is back on the radar, after four long years under Donald Trump in which time may as well have stood still.

The Just Security website has just published a powerful article, “A Path for Renewing Guantánamo Closure,” which we’re cross-posting below. It was written by Benjamin R. Farley, who served as Senior Adviser to the Special Envoy for Guantánamo Closure at the U.S. Department of State from 2013-17, and is currently a Trial Attorney and Law-of-War Counsel at the U.S. Department of Defense, Military Commissions Defense Organization, assigned to the team representing Ammar al-Baluchi, one of the five co-defendants in the 9/11 trial.

Farley explains how, of the 40 men still held, 30 can be released “simply by restoring, with slight modification, the successful GTMO closure policy process developed during the Obama administration,” although he concedes that, “[t]o finish the remaining 25 percent of the project, [he] will likely need the historically elusive support of Congress.”

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As You Read This, Guantánamo Prisoner Ahmed Rabbani Has Been On A Hunger Strike for 2,846 Days

An image from the website, “Gitmo Hunger Strikes,” set up by Reprieve to highlight the plight of their client, Ahmed Rabbani.

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With the media spotlight hopefully being shone anew on the prison at Guantánamo Bay, now that Joe Biden has been elected as the US president, it is to be hoped that, as I explained in my recent article, President Elect Biden, It’s Time to Close Guantánamo, arrangements will be made to release the five men still held who were unanimously approved for release by high-level government review processes under President Obama, and that there will be an acceptance within the Biden administration that holding 26 other men indefinitely without charge or trial is unacceptable.

These 26 men — accurately described as “forever prisoners” by the media — were recommended either or for prosecution, or for ongoing imprisonment without charge or trial, on the basis that they were “too dangerous to release,” even though it was acknowledged that insufficient evidence — or insufficient untainted evidence — existed for them to be charged, by the first of Obama’s two review processes, the Guantánamo Review Task Force, in 2009.

Four years later, the 26 — along with 38 others — were deemed eligible for a second review process, the Periodic Review Boards. Unlike the first process, which involved officials assessing whether prisoners should be freed, charged or held on an ongoing basis without charge or trial, the PRBs were a parole-type process, in which the men were encouraged to express contrition for the activities in which they were alleged to have been involved (whether those allegations were accurate or not), and to present credible proposals for a peaceful and constructive life if released.

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President Elect Biden, It’s Time to Close Guantánamo

Eight of the 40 remaining Guantánamo prisoners, who, along with other men still held, should be released by Joe Biden as soon as possible after he becomes president in January 2021. Top row, from L to R: Abdul Latif Nasser, Sufyian Barhoumi and Tawfiq al-Bihani, all approved for release by high-level government review processes under President Obama, and Saifullah Paracha, Guantánamo’s oldest prisoner. Bottom row, from L to R: Khaled Qassim, Asadullah Haroon Gul, Ahmed Rabbani and Omar al-Rammah. Paracha and the four others in the bottom row haven’t been approved for release, but they should be, as none of them pose a threat to the US.

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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.

Congratulations to President Elect Joe Biden and Vice President Elect Kamala Harris for persuading enough people to vote Democrat to end the dangerous presidency of Donald Trump.

Trump was a nightmare on so many fronts, and had been particularly dangerous on race, with his vile Muslim travel ban at the start of his presidency, nearly four long years ago, his prisons for children on the Mexican border, and, this last year, in his efforts to inflame a race war, after the murder of George Floyd by a policeman sparked huge protests across the country.

At Guantánamo, Trump’s racism manifested itself via indifference to the fate of the 40 Muslim men, mostly imprisoned without charge or trial and held for up to 15 years when he took office. To him they were terrorists, and he had no interest in knowing that very few of the men held at Guantánamo have ever been accused of involvement with terrorism, and that, of the 40 men still held, only nine of them have been charged with crimes, and five of them were unanimously approved for release by high-level government review processes under President Obama.

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Asadullah Haroon Gul: The Hunger Striking Afghan Forgotten at Guantánamo

Sehar Bibi, the mother of Guantánamo prisoner Asadullah Haroon Gul, at the refugee camp in Peshawar where she lives with her son’s wife and daughter, and other family members. Gul has been held at Guantánamo without charge or trial since 2007. (Photo: AFP/Abdul Majeed).

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Regular readers will recall the sad story of Asadullah Haroon Gul, one of the last two Afghans amongst the 40 men still held in the prison at Guantánamo Bay. In correspondence from Guantánamo this year, Gul has written about the coronavirus, about being a “no value detainee”, and about the murder by police of George Floyd and the resurgent Black Lives Matter movement.

As seems abundantly clear — to everyone except his captors — Gul, one of the last prisoners to arrive at Guantánamo, in June 2007, is a fundamentally insignificant prisoner whose ongoing imprisonment makes no sense. The US has quite nebulously alleged that he was involved with Hezb-e-Islami Gulbuddin (HIG), led by the warlord Gulbuddin Hekmatyar, who had supported Al-Qaeda at the time of the US-led invasion. However, as I explained in July, “Gul very clearly had no meaningful connection with HIG, his involvement extending only to having lived, with his wife and family, in a refugee camp that HIG ran, but, as in so many cases of mistaken identity at Guantánamo, the US authorities didn’t care.”

To add insult to injury, Hekmatyar’s status has now changed. He reached a peace agreement with the Afghan president, Ashraf Ghani, and at the start of this year a former Guantánamo prisoner with HIG associations, Hamidullah, was repatriated from the United Arab Emirates, where he had been sent with other Afghans in 2016, because of this agreement, surely undermining any efforts by the US to claim that Gul should still be held.

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“I Am Not Even Allowed To Hear My Own Story”: A Letter from Guantánamo by Abdul Latif Nasser, Cleared for Release But Still Held By Donald Trump

A composite image produced by Esquire Middle East to accompany their recent publication of a poignant and powerful letter from Guantánamo by the Moroccan prisoner Abdul Latif Nasser, cross-posted below.

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 of the Trump administration. 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.

Since the vocal British resident Shaker Aamer and the best-selling author and torture victim Mohamedou Ould Salahi were released from Guantánamo, in 2015 and 2016, the prison population has lacked a prominent and well-known face to illuminate its continuing injustice.

This has been particularly unfortunate because, for the last three and a half years, Guantánamo has been largely forgotten by the mainstream media, demonstrating, to anyone paying attention, that a dangerous and unprincipled leader (in this case, Donald Trump) can, in a supposedly liberal democracy, make people forget about a gross and lingering injustice largely by pretending that it doesn’t exist — or, in Guantánamo’s case, by metaphorically sealing it shut and largely ignoring it.

This is particularly shameful because Guantánamo is not just a symbol of injustice; it is also the place where the United States’ notion of itself as a country that respects the rule of law was sent to die on January 11, 2002, and has been dead ever since. At Guantánamo, 40 men are still held, but the majority of those men are still held in the same despicable conditions of lawlessness that first prevailed on that winter morning over 18 and a half years ago when the Bush administration first released photos of the prisoners it intended to hold, without any rights whatsoever, and quite possibly for the rest of their lives.

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If Elected in November, Will Joe Biden Close Guantánamo?

A composite photo of Joe Biden and a guard tower at Guantánamo.

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 of the Trump administration. 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.

With just four months to go until the US Presidential Election, there is hope, in some quarters, that Donald Trump will lose to Joe Biden. The fact that this is not a foregone conclusion shows how broken American politics has become. Openly racist, Trump has been the most incoherent president imaginable, and is currently mired in a COVID-19 crisis of his own making, as the virus continues on its deadly path, largely unchecked, through swathes of the US population. And yet he retains a base of support that doesn’t make it certain that he will lose in November.

His opponent, Joe Biden, Barack Obama’s vice president for eight years, faces problems of his own. 77 years old, he is even older than Trump, and in terms of representing the people of the US, it is somewhat dispiriting that the choice is between two white men in their 70s. Nevertheless, on many fronts — not least on Guantánamo — it is inconceivable that Biden can do a worse job than Trump has over the excruciating three and a half years since he took office in January 2017.

On Guantánamo, Trump announced in a tweet, several weeks before his inauguration, that “there must be no more releases from Gitmo,” and he has been almost entirely true to his word. He inherited 41 prisoners from Obama, and only one of those men has been released — a Saudi citizen who was transferred back to Saudi Arabia for ongoing imprisonment in February 2018, to honor a plea deal agreed in his military commission trial in 2014.

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“I Can’t Breathe”: Afghan Prisoner Asadullah Haroon Gul on Black Lives Matter and Violent Oppression in Guantánamo

Asadullah Haroon Gul, as featured in a photo taken in Guantánamo by representatives of the International Committee of the Red Cross, and made available to his family.

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Over the last few months I’ve cross-posted, on two occasions, articles by Asadullah Haroon Gul, an Afghan prisoner in Guantánamo who is seeking the support of his government in securing his release — A Coronavirus Lament by Guantánamo Prisoner Asadullah Haroon Gul and Asadullah Haroon Gul, a “No-Value Detainee,” and One of the Last Two Afghans in Guantánamo, Asks to Be Freed — and below I’m cross-posting a third, written in response to the reawakening of the Black Lives Matter movement, following the murder of George Floyd in Minneapolis, and originally published in Newsweek. In it, Gul takes George Floyd’s dying words, “I can’t breathe,” and draws parallels with the brutal treatment of prisoners in Guantánamo, himself included, expressing support for Black Lives Matter and hoping that, like the civil rights movement, it will bring significant change.

As he states, “America’s business is not my business but if human beings anywhere are struggling for justice, I must support them even from my cell in Guantánamo Bay. Perhaps my brothers and sisters marching in the streets will turn their eyes on this island prison, and witness our common cause.”

One of the last prisoners to arrive at Guantánamo, in June 2007, Gul was apparently seized because of his alleged involvement with Hezb-e-Islami Gulbuddin (HIG), led by the warlord Gulbuddin Hekmatyar, who had supported Al-Qaeda at the time of the US-led invasion. Gul very clearly had no meaningful connection with HIG, his involvement extending only to having lived, with his wife and family, in a refugee camp that HIG ran, but, as in so many cases of mistaken identity at Guantánamo, the US authorities didn’t care.

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Good News! Former Guantánamo Prisoners Released from UAE to Afghanistan

Two of the three Afghan nationals and former Guantánamo prisoners who were recently repatriated to Afghanistan, having initially been released from Guantánamo to the UAE in 2016-17. On the top row: Hamidullah (aka Mawlawi Hamdullah Tarakhail) photographed at Guantánamo over a decade ago, and subsequently photographed after his return to Afghanistan. On the bottom row: Obaidullah, photographed before his capture at the age of 18, and subsequently photographed after his return to Afghanistan.

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At the start of the year, I stumbled across a couple of news sources reporting that three former Guantánamo prisoners — all Afghan nationals — had been repatriated to Afghanistan from the United Arab Emirates (UAE), where they had been sent by Barack Obama between November 2015 and January 2017, just before Donald Trump took office.

The reason for the men’s release wasn’t given in these reports, and while I picked up a few hints about what had happened on my US trip to call for the closure of Guantánamo (from January 10-20), it wasn’t until last week that I was alerted to a more thorough explanation of their repatriation, via the Afghanistan Analysts Network (AAN), “an independent non-profit policy research organisation,” established n 2009, and, specifically, via ‘Freed at Last: Three Afghans sent to Guantánamo in 2002 and 2003 are finally home,’ an article by Kate Clark, who has been involved wth Afghanistan since 1999 when she was the BBC’s Kabul correspondent, and who, in 2016, authored a detailed report, “Kafka in Cuba: The Afghan Experience in Guantánamo.”

In total, 23 men were sent from Guantánamo to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016 (see here and here), and one Russian, one Afghan and one Yemeni in January 2017 — but as Kate Clark explains, although the men “sent to the UAE believed — as did their families and lawyers — that they were also heading for temporary detention and then resettlement and family reunion,” what transpired instead was that, “for almost all of the last three years, the UAE authorities … held them in al-Rizan maximum security prison”, where they “were allowed family visits, but were not permitted to see their lawyers or the International Committee of the Red Cross (ICRC).”

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Close Guantánamo’s Aims for 2020’s Presidential Election Year – and New Campaign Posters

Campaigners outside the White House calling for the closure of the prison at Guantánamo Bay on January 11, 2012, the 10th anniversary of the opening of the prison.

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 of the Trump administration. 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.

For those of us who care about the ever-pressing need for the prison at Guantánamo Bay to be shut down for good, the coming year is going to be challenging.

As long as Donald Trump remains president, and, frankly, as long as Republicans retain control of either the Senate or the House of Representatives, it is reasonable to assume that there will be no movement whatsoever towards the closure of Guantánamo.

Forgotten or ignored, Guantánamo may not even be mentioned at all on the presidential trail, but we’ll be doing our best to make America remember this stain on its national conscience, where 40 men are still held, for the most part without charge or trial, in defiance of all the legal and judicial values the US claims to hold dear.

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Radio: I Discuss Guantánamo and Julian Assange on the Peace and Justice Report on Sarasota Community Radio

Guantánamo prisoners, on the day the prison opened, January 11, 2002, and WikiLeaks founder Julian Assange.

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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

On Wednesday, I was delighted to talk for 30 minutes to Bob Connors and Tom Walker of the Peace and Justice Report on Sarasota Community Radio on WSLR 96.5 FM, which describes itself as “cover[ing] local, state, national and international social justice issues.” featuring “a wide variety of guests whose views are underrepresented in the mainstream media.”

We spoke about Guantánamo, past, present and future, and also about the US torture program and the plight of WikiLeaks founder Julian Assange, imprisoned in the UK and fighting his proposed extradition to the US to face espionage charges.

The show is embedded below:

Andy Worthington on the Peace and Justice Report on Sarasota Community Radio, November 20, 2019.

My interview started six minutes in and ended at 34:40, and in it I ran through Guantánamo’s history, and my involvement with it, and expressed my sorrow about how most people nowadays have completely forgotten about the prison, even though it continues to hold men indefinitely without charge or trial, which ought to be a source of profound shame to US citizens who respect the rule of law.

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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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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