Good news from Guantánamo, as nine prisoners have been released, bringing the remaining number of prisoners down to 80. The nine men freed are all Yemeni citizens, but all have a connection with Saudi Arabia. Four were born there to Yemeni parents, while the other five have close family members who live in the country.

Only one of the nine is at all well-known: Tariq Ba Odah, a long-term hunger striker, who, last year, asked a judge to order his release, via a habeas corpus petition, because of the precarious state of his health. After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.

The New York Times also discussed the long history of how Saudi Arabia came to take in the Yemenis, revealing how the move completed “a long-sought diplomatic deal ahead of a planned visit to Riyadh by President Obama in the coming week.” Read the rest of this entry »

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 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.

For the International Day in Support of Victims of Torture, introduced by the United Nations in 1997 to mark the entry into force of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on June 26, 1987, a vivid reminder of the horrors of Guantánamo emerged the day before, when lawyers for Tariq Ba Odah, a Yemeni prisoner identified by the US authorities as Tarek Baada, sought “a court order granting his habeas petition and compelling the government to facilitate [his] immediate release” because of fears that, otherwise, he will die at the prison. The submission to the court is here.

Tariq, who was picked up in Pakistan by the local authorities at the end of 2001 and turned over to the US military, arrived at Guantánamo shortly after the prison opened in 2002, when he was 23 years old. He is now 36, and he is still held despite being approved for release in January 2010 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009. He is one of 30 men, all Yemenis, who were placed in a category invented by the task force — “conditional detention,” which was made dependant on perceptions of the security situation in his home country improving, although it was never made clear who would make that decision, or how it would come about.

However, since President Obama began finding new homes in third countries for Yemenis approved for release last November, the only obstacle to his release now is the difficulty of finding a country to accept him, as well as countries prepared to offer new homes to the 29 other Yemenis in “conditional detention,” and 13 other Yemenis approved for release by the task force — or approved for release in the last year and a half by Periodic Review Boards — but still held. Since last November, 18 Yemenis have been released from Guantánamo to third countries. Read the rest of this entry »

In a recent letter to the British foreign secretary Philip Hammond, Clive Stafford Smith, the founder and director of the legal action charity Reprieve, described how he has “just received a series of unclassified letters from various detainees who we represent in Guantánamo Bay,” which “tell a disturbingly consistent story” — of “a new ‘standard procedure’ where the FCE team [the armored guards responsible for violently removing prisoners from their cells through ‘forcible cell extractions’] is being used to abuse the prisoners with particular severity because of the on-going non-violent hunger strike protest against their unconscionable treatment.”

With particular reference to Shaker Aamer, the last British resident in the prison, who is still held despite being cleared for release since 2007, Stafford Smith noted in his letter, dated August 22,  “I have not received a recent letter from Shaker Aamer as I understand that he is seriously depressed — which is not surprising given all that he has been through.”

He added, “However, our other clients have reported that ‘[o]n Sunday, Shaker ISN 239 was beaten when the medical people wanted to draw blood.'”

In a press release, Reprieve noted that Mr. Aamer “has previously described being beaten by the FCE team up to eight times a day,” and added that he “has been held for long periods of solitary confinement since 2005 and is in extremely poor health.” Read the rest of this entry »

Yesterday, two disturbing letters from Guantánamo were released by Reprieve US, the US branch of the London-based legal action charity whose lawyers represent 15 of the 154 men still held at the prison, and I’m posting them below, because they shed light on what Reprieve described in a press release as the “escalating, brutal punishment of hunger strikers,” who continue to be force-fed, even though the World Medical Association denounced force-feeding in the Declaration of Malta, in 2006, calling it “unjustifiable,” “never ethically acceptable,” and “a form of inhuman and degrading treatment,” if inflicted on a patient — or a prisoner — who is capable of making a rational decision about his refusal to eat.

The letters were written by Emad Hassan, a Yemeni prisoner who has been on a hunger strike — and force-fed — since 2007, even though he was cleared for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in January 2010. 77 of the men still held have been cleared for release — 75 by the task force, and two in recent months by a Periodic Review Board — and 57 of these men are Yemenis, but they are still held because of US fears about the security situation in Yemen — fears which may be legitimate, but which are an unacceptable basis for continuing to hold men that high-level review boards said should no longer be held.

In February, I made available a harrowing letter written by Emad, and in March he launched a historic legal challenge, becoming “the first Guantánamo Bay prisoner to have his claims of abuse at the military base considered by a US court of law,” as Reprieve described it. Read the rest of this entry »

Last week I published an article, “Meet the Guantánamo Prisoner Who Wants to be Prosecuted Rather than Rot in Legal Limbo,” about Sufyian Barhoumi, an Algerian prisoner, following up on an article written by Jess Bravin for the Wall Street Journal and published in July. As I explained at the time, “Throughout the spring and summer, while the prison-wide hunger strike at Guantánamo raged, taking up most of my attention … I missed some other developments, which I intend to revisit over the next few weeks.”

Following up on that promise, this article revisits an Associated Press article by Ben Fox, published in June, which featured an interview with Ahmed Zuhair, a Saudi citizen and former sheep merchant released from Guantánamo in June 2009, whose story I covered in detail three months before his release, in an article entitled, “Guantánamo’s Long-Term Hunger Striker Should Be Sent Home.” This recent article was based on a phone call with Zuhair, who is now 47 years old, for which Fox was accompanied by Ramzi Kassem, a law professor at the City University of New York (CUNY), who represents other men still held, including Shaker Aamer, the last British resident, and Abdelhadi Faraj, a Syrian prisoner.

At the time of his release, Zuhair was one of three hunger strikers who had been on a hunger strike since the summer of 2005, when as many as 200 prisoners engaged in prison-wide hunger strike, and had not given up when the first restraint chairs arrived at the prison in January 2006. Fox noted that he now weighs 190 pounds, but that, in December 2005, he weighed just 108 pounds, and, prior to his release, just 115 pounds. Read the rest of this entry »

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As the prison-wide hunger strike at Guantánamo reaches its 128th day, we are still awaiting action from President Obama, who promised three weeks ago to resume the release of cleared prisoners (who make up 86 out of the remaining 166 prisoners), and to appoint new envoys in the State Department and the Pentagon to deal with the resettlement of prisoners.

In the meantime, conditions in Guantánamo are harsher than they have been at any time since President Obama took office, nearly four and a half years ago. Two months ago, the authorities staged a violent dawn raid on Camp 6, where the majority of the prisoners are held, and where they had been allowed to spend much of their time communally, and locked everyone up in solitary confinement.

Militarily, this may have restored order, but it has not broken the hunger strike, and morally and ethically it is a disgrace. The reason the men are on a hunger strike is not to inconvenience the guard force, but to protest about their ongoing imprisonment — in almost all cases without charge or trial, and literally with no end in sight, after their abandonment by all three branches of the US government. As a result, a lockdown, which involves isolating these men from one another while they starve themselves, and while many of them are force-fed, is the cruellest way to proceed. Read the rest of this entry »