Libyan “Forever Prisoner” Ismael Ali Bakush Approved for Release from Guantánamo, Joining 21 Others Out Of the Remaining 36 Prisoners

Guantánamo prisoner Ismael Ali Bakush, in a photo included in his classified military file, released by Wikileaks in 2011.

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On September 23, a Periodic Review Board at Guantánamo — a parole-type process introduced under President Obama — approved the release of Ismael Ali Bakush, a 54-year old Libyan who has been held at the prison without charge or trial since August 2002.

Bakush was one of 22 ”forever prisoners” that President Biden inherited from Donald Trump — men held indefinitely without charge or trial because Obama’s first review process, the Guantánamo Review Task Force, had concluded after reviewing their cases in 2009 that they either still constituted a threat to the US, whilst also conceding that insufficient evidence existed to put them on trial (as was the case with Bakush), or, in other cases, because they had been recommended for prosecution by the task force, but that option had been dropped when the viability of Guantánamo’s unique trial system — the military commissions — had been rocked by a number of successful appeals.

64 men were initially put forward for the PRBs, when the process was established in 2013, and, between 2014 and 2016, 38 of them had their release recommended (and all but two were freed before Obama left office), but Bakush, whose first review took place in July 2016, was one of the 26 others who had failed to persuade the board members that it was safe to recommend him for release, even though the only alleged evidence that connected him with Al-Qaeda was his membership of the Libyan Islamic Fighting Group (LIFG), an organization of Libyan exiles committed, primarily, to the overthrow of the Libyan dictator Moammar Gaddafi, but which, the US authorities claimed, “had merged with al-Qaida.”

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Abd Al-Hadi Al-Iraqi is First “High-Value Detainee” To Accept Plea Deal at Guantánamo, Could Be Freed by 2024

Abd al-Hadi al-Iraqi, in a photo taken at Guantánamo in recent years by representatives of the International Committee of the Red Cross.

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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.

Two weeks ago, a significant event took place at Guantánamo, when Abd al-Hadi al-Iraqi, a 60- or 61-year old “high-value detainee,” whose real name is Nashwan al-Tamir, and who was one of the last prisoners to arrive at Guantánamo, in April 2007, admitted to being involved in war crimes in a plea deal that could see him released from the prison by 2024.

It is the first plea deal reached with a “high-value detainee” under President Biden, and may indicate a way forward for the other nine “high-value detainee” trials, including those of the five men accused of involvement in the 9/11 attacks, and of Abd al-Rahim al-Nashiri, accused of involvement in the attack, in 2000, on the USS Cole, in which 17 US Navy sailors were killed. The trials are stuck in seemingly endless pre-trial hearings, largely because of the seemingly unresolvable problem of providing fair trials to men who were tortured, and it is noteworthy that, in March, it was reported that plea deals were being discussed in connection with the 9/11 trial.

When al-Iraqi arrived at Guantánamo over 15 years ago, the Pentagon described him as “one of al-Qaeda’s most senior and most experienced operatives,” although details about how he ended up at Guantánamo were rather more shady. A Pentagon spokesman, Bryan Whitman, explained that he had been transferred to DoD custody from the custody of the CIA, although he “would not say where or when al-Iraqi was captured or by whom,” while a US intelligence official, “speaking on condition of anonymity because of the sensitivity of the matter,” told the Associated Press that al-Iraqi had been captured in late 2006 “in an operation that involved many people in more than one country.”

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Afghan Prisoner Asadullah Haroon Gul Freed From Guantánamo, Where 36 Men Now Remain, 20 Approved For Release

Asadullah Haroon Gul (on the right), reunited with his father in Afghanistan on June 25, 2022 after being held in Guantánamo for 15 years without charge or trial.

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Good news from Guantánamo, where the prison’s population has dropped to 36 with the release of the Afghan prisoner Asadullah Haroon Gul.

In a deal negotiated with the ruling Taliban government in Afghanistan, Gul was flown to Qatar, where he was welcomed by Taliban representatives who then arranged from him to be flown home to Afghanistan, to be reunited with his family, including his parents, his wife and his daughter, who he has not seen since she was a baby.

Gul’s release brings to an end a 15-year ordeal of imprisonment without charge or trial, which began when he arrived at Guantánamo in June 2007, at the age of 25 or 26, as one of the last detainees to arrive at the prison, having been seized in Afghanistan four months earlier.

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Video: I Discuss 9/11, Guantánamo and the Significance of the US Defeat in Afghanistan on Salaamedia in South Africa

A screenshot of Andy Worthington on South African broadcaster Salaamedia’s show, “Reflections on 9/11: The Impact on Afghanistan and the Muslim World,” on Sept. 8, 2021.

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On Wednesday, I was pleased to take part in a discussion — “Reflections on 9/11: The Impact on Afghanistan and the Muslim World” — on Salaamedia in South Africa, with whom I have spoken many times, including this time last year, when I took part in a discussion with former Guantánamo prisoner Moazzam Begg, about Guantánamo, torture and the US’s endless wars.

This year, with the 20th anniversary of 9/11 and the US withdrawal from Afghanistan dominating the news, the former involved four commentators responding to questions from the host Inayet Wadee — myself, the political commentator and foreign policy adviser Sami Hamdi, the academic Ibrahim Moiz, and, rather less successfully, Taji Mustafa from the fundamentalist group Hizb ut-Tahrir Britain.

Please feel free to watch it all if it sounds like it will be of interest, but if you’d like to hear me discussing the lawless prison system established by the US after 9/11, at Guantánamo, at Bagram and other locations in Afghanistan, and in the system of “black sites” established as torture prisons around the world by the CIA, who also rendered other prisoners to proxy torture prisons in other rights-abusing countries, that begins around seven minutes in, and lasts for about six and a half minutes.

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On the 20th Anniversary of the 9/11 Attacks, the US Needs to Close Guantánamo and Bring to an End the Broken Military Commission Trials

The 9/11 attacks and Camp 6 at Guantánamo, photographed in 2016.

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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.

On the 20th anniversary of the terrorist attacks of September 11, 2001, the United States’ response to those attacks, both militarily and in terms of the law, couldn’t, in all honesty, have ended up more broken, unjust and embarrassing.

Having invaded Afghanistan a month after the attacks, the last US troops withdrew last month, effectively conceding defeat to the Taliban, whose overthrow had been one of the two justifications for the invasion, the other being the destruction of Al-Qaeda, the organization allegedly responsible for the attacks.

In fact, the Taliban were quite swiftly defeated after the US-led invasion, but, instead of withdrawing, US forces stayed on, blundering around the country, largely unable to identify allies from enemies, and definitively losing “heart and minds” through repeated bombing raids, often based on poor intelligence, that killed an enormous number of Afghan civilians, and through imprisoning many thousands of Afghans in lawless and often brutal conditions at Bagram and Guantánamo.

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The Taliban’s Victory in Afghanistan Mustn’t Prevent the Closure of Guantánamo

Asadullah Haroon Gul and Muhammad Rahim, the last two Afghans in Guantánamo. Following the Taliban victory in Afghanistan, in which it has been revealed that two former Guantánamo prisoners hold leadership positions in the Taliban, some right-wing commentators are insinuating that Guantánamo should remain open. However, neither Gul nor Rahim, nor any of the other 37 men still held, were members of the Taliban, and, as “forever prisoners,” held without charge or trial, the two Afghans are amongst 17 of the remaining 39 prisoners who, it is now widely recognized in US circles, must be released if they are not to be charged with crimes.

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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 final US troops left Afghanistan two weeks ago, and the Taliban rolled into Kabul, taking the Presidential Palace on August 15 after President Ashraf Ghani fled, the presence of one particular Taliban member — Mullah Abdul Qayyum Zakir — caught the attention of the western media, when he declared that he had been held at Guantánamo for eight years.

Guantánamo: the mere mention of the word, from the mouth of a conquering Talib, standing in the very place so recently occupied by the US-backed president, reinvigorated the right-wingers in Congress, and in the US media, who had been worried that President Biden might finally close their beloved gulag once and for all.

Once upon a time, the merest mention of Guantánamo had summoned up images of bloodthirsty Al-Qaeda terrorists, hell-bent on the destruction of America, that had helped to keep ordinary Americans docile, and in a state of fear. However, over the years, as the horrors of Guantánamo leaked out to the world, revealing the use of torture and other forms of abuse on prisoners who, for the most part, were not involved in any kind of terrorism at all, defending its existence became more difficult. By his second term, even George W. Bush was aware that it was an embarrassment, and left office having released 532 of the 779 men he had imprisoned there.

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How the Disaster of Guantánamo Foretold US Defeat in Afghanistan

Razor wire and the US flag at Guantánamo.

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In the last few weeks, since the last US troops left Afghanistan and the Taliban swept into Kabul, bringing the US’s nearly 20-year occupation of the country to an ignominious end — in defeat — I’ve been thinking about the extent to which that defeat is linked to the existence of the prison at Guantánamo Bay, and the significance of the Afghans held there — around 220 in total — as well as the numerous other Afghans held in the US’s prison at Bagram Airbase.

When we think of Guantánamo, we have been encouraged to think of the “high-value detainees” moved there from CIA “black sites” in September 2006, or the hundreds of Arabs — mostly Saudis and Yemenis — who had been in Afghanistan at the time of the 9/11 attacks, and who were subsequently regarded as terrorists, even though most of them had only gone to Afghanistan to help the Taliban secure victory in their long-standing inter-Muslim civil war with the Northern Alliance.

And yet the Afghans were the largest group by nationality who were held at Guantánamo, and from the beginning their treatment in US prisons in Afghanistan, and the subsequent rendition of many of them to the lawless prison on the US naval base in Cuba was revelatory in terms of understanding the shameful extent to which the US failed to win the “hearts and minds” of the people it was supposedly liberating.

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9/11 at 19: Endless Wars, Guantánamo and 37 Million People Displaced

The 9/11 attacks on New York City, and prisoners at Guantánamo on the day that the prison opened, exactly four months later, on January 11, 2002.

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It’s 19 years today since the terrorist attacks of September 11, 2001 on the US mainland, in New York City and Washington, D.C., and I’m shocked to discover that one-third of my life has elapsed since the attacks took place. I was 38 years old when 9/11 happened, and now I’m 57. Even more shocking is the realization that my son, who is 20 now, was just one year old at the time.

On the morning of 9/11, my partner, Dot, called me to urgently come and watch the TV after the first plane had hit, and together we watched as the second plane hit. I remember thinking that it was blowback for American imperialism, and worrying how George W. Bush and his administration would react, but I had no idea what was to come. Instead, I got on with my life. Our baby son had been very ill, so I proposed marriage to his mother as a positive event to unite us, on Boxing Day 2001, just 16 days before the prison at Guantánamo opened, when the Marines were preparing the cages of Camp X-Ray.

We got married in July 2002, just before the “torture memos” prepared by John Yoo and signed by Jay S. Bybee were issued (in secret, of course), and in September I began work on what would be my first book, Stonehenge: Celebration and Subversion, a counter-cultural history of Stonehenge that was published in June 2004, after the first British prisoners had been released (and whose accounts massively piqued my curiosity about just what was going on at Guantánamo), and just before the Supreme Court’s ruling in Rasul v Bush, establishing that the prisoners had habeas corpus rights.

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The Long Persecution of John Walker Lindh, the “American Taliban”

John Walker Lindh, strapped to a gurney in Camp Rhino, near Kandahar, after his capture in December 2001, when he had already survived a massacre at the Qala-i-Janghi fort.

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The US establishment is nervous about John Walker Lindh, the “American Taliban.” 

A US citizen, Lindh was taken into custody by US forces in Afghanistan in December 2001, along with around 85 other Taliban fighters, survivors of a massacre — the Qala-i-Janghi massacre — that is largely forgotten. He received a 20-year prison sentence in a federal court on the US mainland in May 2002 for providing material support to terrorism, but had his sentence reduced by three years because of good behavior. 

He was released on May 23, but with restrictions imposed by a federal judge. As the Associated Press described it, “Lindh’s internet devices must have monitoring software; his online communications must be conducted in English; he must undergo mental health counseling; he is forbidden to possess or view extremist material; and he cannot hold a passport or leave the US.”

Donald Trump opposed his early release, as did Secretary of State Mike Pompeo. It was reported back in 2015 that, from prison, he had expressed support for Daesh (aka Islamic State or Isis). For the Atlantic, staff writer Graeme Wood, based on prison correspondence with Lindh, claimed that he was “permanently devoted” to violent jihad, and that “public security demands nothing less than close observation [of Lindh] for a very, very long time.” 

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Guantánamo’s Periodic Review Boards: The Escape Route Shut Down by Donald Trump

Four of the Guantanamo prisoners currently going through the Periodic Review Board process. Clockwise from top left: Omar al-Rammah, Moath al-Alwi, Mohammed al-Qahtani and Abd al-Salam al-Hilah.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.




 

Anyone paying close attention to the prison at Guantánamo Bay will know that its continued existence, nearly 17 years after it first opened, is largely down to the success of some wildly inaccurate claims that were made about it when its malevolent business first began — claims that it held “the worst of the worst” terrorists, who were all captured on the battlefield.

In fact, as my research, and that of other researchers has shown, very few of the 779 men held by the US military at Guantánamo since the prison opened on January 11, 2002 can realistically be described as having had any meaningful involvement with al-Qaeda or the Taliban; perhaps just 3 percent, and certainly less than 5 percent. No one was captured on the battlefield, and the majority were either foot soldiers for the Taliban in an inter-Muslim civil war that predated 9/11, or civilians swept up in ill-advised dragnets. Many, if not most of those who ended up at Guantánamo were sold to the US by their Afghan and Pakistani allies for bounty payments, which averaged $5,000 a head, a huge amount of money in that part of the world.

Just 40 men are still held at Guantánamo, after George W. Bush released 532 men, and Barack Obama released 196. Nine men died, one was transferred to the US, to face a trial in which he was successfully prosecuted, and one more was reluctantly released by Donald Trump, or, rather, was transferred back to Saudi Arabia for ongoing imprisonment, as part of a plea deal negotiated in his military commission trial proceedings in 2014. 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 and We Stand With Shaker, singer/songwriter (The Four Fathers).
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