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.
We’re delighted that, two days ago, a letter we signed urging President Biden to close the prison at Guantánamo Bay, and to bring to an end the process of indefinite detention without charge or trial that has typified its aberrations over the last 19 years, was delivered to the White House, signed, in total, by 111 organizations.
We’re grateful to the Center for Constitutional Rights and the Center for Victims of Torture for initiating the letter, and to everyone who signed on, from old friends and colleagues including Amnesty International USA, CODEPINK, Reprieve US, Sept. 11th Families for Peaceful Tomorrows and Witness Against Torture, to other organizations that are new to us.
As CCR and CVT explained in a press release, “The letter is signed by organizations ranging from those working to end anti-Muslim discrimination and torture to immigrant rights organizations and organizations working broadly on civil rights, civil liberties, and racial justice at the national and local level.”
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 five weeks to go until the Presidential Election, we’re pleased to note that, recently, six organizations involved in the long struggle to try and get the prison at Guantánamo Bay closed — the ACLU, Human Rights First, the Center for Victims of Torture, the Center for Constitutional Rights, the National Religious Campaign Against Torture, and September 11th Families for Peaceful Tomorrows — published detailed proposals for how, if voters remove Donald Trump from the White House in November, a new administration can move towards the closure of the prison.
Following up on our thoughts about this topic, which we published in July, in an article entitled, If Elected in November, Will Joe Biden Close Guantánamo?, we’re cross-posting below the NGOs’ proposals, as published on the Just Security website, which we think deserve to be as widely read as possible.
We are particularly taken with two suggestions put forward by the NGOs: firstly, that “the executive branch can expedite transfers by not opposing detainees’ habeas cases”; and, secondly, that progress towards the prison’s closure can also be effected by “charging a small subset of the remaining detainees in federal courts.”
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 been nearly two years since I last reported on the military commission trial system at Guantánamo, which is less an oversight than a tacit acknowledgement that the entire system is broken, a facsimile of justice in which the defense teams for those put forward for trials are committed to exposing the torture to which their clients were subjected in secret CIA “black sites,” while the prosecutors are just as committed to keeping that information hidden.
I’m pleased to be discussing the commissions again, however, because, in a recent ruling in the case of “high-value detainee” Majid Khan, a judge ruled that, as Carol Rosenberg described it for the New York Times, “war court judges have the power to reduce the prison sentence of a Qaeda operative at Guantánamo Bay, Cuba, as a remedy for torture by the CIA.”
When I last visited the commissions, the chief judge, Army Col. James L. Pohl, who had also been the judge on the case of the five men accused of involvement in the 9/11 attacks since the men were arraigned in May 2012, had just caused a stir by ruling that confessions obtained by so-called “clean teams” of FBI agents, after the men were moved to Guantánamo from the CIA “black sites” where their initial confessions were obtained through the use of torture, would not be admitted as evidence. In a second blow, he announced his resignation.
Ever since the coronavirus began its alarming global spread, those who work with, and on behalf of prisoners have been aware of the threat that it poses to those who are incarcerated. This applies, as commentators have noted, whilst urging urgent action, to the many million of prisoners worldwide who are imprisoned after being tried and convicted of crimes, as well as, in some countries, political prisoners.
In the UK, lawyers urged the government, to no avail, to release Julian Assange, who is held in Belmarsh maximum security prison in London, fighting efforts by the British government to extradite him to the US to face entirely inappropriate espionage charges relating to his work with WikiLeaks, and in the US, as well as highlighting the dangers faced by the country’s 2.2 million domestic prisoners — the largest prison population per capita in the world — some activists have also been highlighting the dangers the virus poses to the 40 men still held in the prison at Guantánamo Bay, all held for between 12 and 18 years, and almost all held indefinitely without charge or trial.
The plight of the Guantánamo prisoners was particularly highlighted eight days ago, on March 24, when the US Navy announced in a press release that a sailor stationed at the base had “tested positive for COVID-19” and was “currently undergoing evaluation and treatment.” The Navy’s press release added that the Department of Defense had “notified public health authorities of the positive test” and had “taken prudent precautions” to ensure that the service member was “receiving the appropriate care.” It was also noted that the sailor was “currently isolated at their home and restricted in movement in accordance with the Center for Disease Control and Prevention Guidelines,” and that efforts were underway to trace recent contacts made by the sailor.
Two and a half weeks ago, on the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 men still held at Guantánamo, from the Center for Constitutional Rights, Reprieve, and other legal firms, filed a habeas corpus lawsuit with the District Court in Washington, D.C., in which, as I explained in an article at the time, drawing on a CCR press release:
[I]t “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”
CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”
CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”
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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