Justice Denied: The Unacceptable 10-Year Detention of Fawzi Al-Odah and Fayiz Al-Kandari, the Last Two Kuwaitis in Guantánamo

Originally posted on the “Close Guantánamo” website.

Last week, the attorney Tom Wilner and the journalist Andy Worthington (the steering committee of the “Close Guantánamo” project) were in Kuwait to raise awareness of the ongoing detention of Fayiz Al-Kandari and Fawzi Al-Odah, the last two Kuwaiti citizens in Guantánamo, and to encourage the Kuwaiti people and the government to push for their release, after ten long years in the terrible experimental prison at Guantánamo Bay, where justice has gone missing, and arbitrary detention has become the norm.

Please see here for videos of Tom and Andy (dubbed into Arabic) discussing the men’s cases on Kuwaiti TV (the Al-Rai channel), and emphasizing the need for concerted action to secure their release, along with subtitled clips from the documentary film, “Outside the Law: Stories from Guantánamo,” which Andy co-directed with Polly Nash. And see here for the petition for Fayiz, calling for the U.S. government to release him, which is hosted by Al-Oula Law, the website of his Kuwaiti lawyers. Read the rest of this entry »

Video (in Arabic): On Kuwaiti TV, Tom Wilner and Andy Worthington Discuss the Last Two Kuwaitis in Guantánamo

Following up on my visit to Kuwait last week, to assist the lawyers and activists and family members pushing for the release from Guantánamo of the last two Kuwaiti prisoners, Fayiz al-Kandari and Fawzi al-Odah, I’m pleased to make available below a series of videos of the 70-minute program that was broadcast on Friday evening on Al-Rai TV. In the show, alongside subtitled excerpts from the documentary film, “Outside the Law: Stories from Guantánamo,” which I co-directed with Polly Nash, the attorney Tom Wilner and I had, as I explained in an article yesterday, “a chance to explain why, shamefully, Guantánamo is still open, despite President Obama’s promise to close it, why Fayiz and Fawzi are still held, how they are surviving their long ordeal, and, most crucially, why the Kuwaiti people need to keep exerting pressure on their government to do more to secure their return.”

As I also noted:

We were able to explain how it is insulting for such a close ally of the US as Kuwait to be treated so badly when it comes to securing the return of Fayiz and Fawzi, how, sadly, Guantánamo has become normalized under President Obama, and the remaining 171 prisoners are now, effectively, subjected to arbitrary and indefinite detention, and how no one will be released without great effort on the part of those who, like the Kuwaiti people, have prisoners still held.

We were also able to explain how the 10th anniversary of the opening of Guantánamo, just last month, provides a spur for renewed calls for the prison’s closure — and for calling for an end to the continued detention of men like Fayiz and Fawzi, against whom nothing in the way of evidence has actually been presented. We also had the opportunity to explain how another new possibility for bringing this dark chapter of US-Kuwaiti relations to an end has been presented in recent legislation passed in the US (the National Defense Authorization Act), in which the President and his administration now have the opportunity to bypass restrictions on the release of prisoners that were imposed by Congress and have prevented the release of any prisoner from Guantánamo since January 2011. Read the rest of this entry »

After a Wonderful Visit to Kuwait, New Plans to Close Guantánamo and to Free the Last Two Kuwaiti Prisoners

Now that my first ever visit to Kuwait has come to an end — in which I was involved in events and discussions designed to raise the profile in Kuwait, and internationally, of the two remaining Kuwaitis in Guantánamo, Fayiz al-Kandari and Fawzi al-Odah — I feel as though I have been away from my home in London for weeks, and not just for five days, as the time was so busy.

I recorded an interview for the Al-Rai TV station along with the attorney Tom Wilner, which was aired along with a subtitled version of “Outside the Law: Stories from Guantánamo,” the documentary film that I co-directed with Polly Nash, and I also traveled out to Kuwait’s main prison, to visit the rehabilitation center which was established for the four remaining prisoners in 2009, but which, after two of these four were freed that year, has been lying empty ever since, its staff and facilities awaiting the return of Fayiz and Fawzi, who, like the majority of the 171 prisoners stili in Guantánamo, 89 of whom have been cleared for release, remain trapped because of the cynical twists and turns of American politics — in the Obama administration, in Congress and in the courts.

I was also driven through the desert, on the highway to Iraq, to visit the grand and spacious farm of a prominent sheikh, in order to discuss the cases of Fayiz and Fawzi, and I also attended two dewaniyas (social events described by Wikipedia as being “the core of Kuwait’s social, business and political life, the places where topics of interest are discussed, associates introduced, alliances formed, and similar networking activities undertaken”), with lawyers and with the family of Fayiz. In addition, I met up with the former prisoner Fouad al-Rabiah and with Khalid al-Odah, Fawzi’s father, and briefly met another former prisoner, Adel al-Zamel. Read the rest of this entry »

In Kuwait, Looking for American Justice — and Showing “Outside the Law: Stories from Guantánamo” on Alrai TV

Please note that the screening has been postponed until Friday evening (February 24) at 10:30 pm.

Greetings from Kuwait, where the weather is fresh and warm, and the people are very friendly. Although I have been studying Guantánamo and the “war on terror” for the last six years, this is my first visit to the Middle East, and I’m here to play whatever part I can to secure the return from Guantánamo of Fayiz al-Kandari and Fawzi al-Odah, the last two Kuwaitis in the prison.

I’m here with Lt. Col. Barry Wingard, the Pentagon-appointed military defense attorney for Fayiz al-Kandari, and his colleagues Lt. Cmdr. Kevin Bogucki and Sgt. Chad Darby, and also with the civilian attorney Tom Wilner, my colleague in the new “Close Guantánamo” campaign. I am also grateful for the support of Adel Abdulhadi of the Al-Oula law firm, and am delighted to have finally met the journalist Jenifer Fenton, who has recently been focusing on the stories of the Kuwaiti prisoners. The centerpiece of my visit is the screening, at 9.30 pm on Thursday (February 23), on Alrai TV, of the documentary film, “Outside the Law: Stories from Guantánamo,” which I co-directed with Polly Nash, followed by a studio discussion with Tom Wilner and myself. Both Tom and I feature in the film, and we had a very productive question and answer session today, when we pre-recorded the studio talk to accompany the broadcast of the film tomorrow evening.

This is a great occasion, as it is not only the biggest audience by far for the film, but also its first screening in Arabic, following a heroic mission by Polly and a number of Arabic speakers in the UK and Canada to complete the sub-titling of the film in the days before my flight to Kuwait on Monday. I hope — and anticipate — that the film’s comprehensive analysis of the many crimes and failures of the Bush administration’s “war on terror,” and the compelling human stories of the men affected by America’s journey to the “dark side,” will be as informative for the Kuwaiti audience as they have been for the Western audiences who have seen the film in screenings in the US, the UK and Europe over the last two years. Read the rest of this entry »

Video: Guantánamo Panel Discussion in Washington D.C. with Andy Worthington and Lawyers Tom Wilner, Darold Killmer and Mari Newman

Yesterday, I posted a short video of a speech I gave on January 10, while I was visiting the US for events marking the 10th anniversary of the opening of Guantánamo, prior to a screening of the documentary film, “Outside the Law: Stories from Guantánamo” (which I co-directed with Polly Nash) at a branch of Busboys and Poets in Washington D.C.

That screening, the day before protests marking the 10th anniversary (which I covered here, here and here), was organized by the World Can’t Wait, the campaigners responsible for my visit, and was followed by a panel discussion in which I was delighted to be speaking alongside the attorney Tom Wilner — my colleague in the newly established “Close Guantánamo” campaign and website, with whom I had just taken part in a lunchtime event at the New America Foundation (also with Congressman Jim Moran and Col. Morris Davis) — and Darold Killmer and Mari Newman, attorneys from Denver whom I had asked to come along and speak about their clients, five Yemenis who are still held at Guantánamo.

Introducing the Q&A session, I spoke briefly about the “Close Guantánamo” campaign and the now-closed petition on the White House’s “We the People” website, asking President Obama to fulfil his promise to close Guantánamo, and also reminded those attending that, while criticizing Congress for inserting provisions in the National Defense Authorization Act (NDAA) demanding the mandatory military custody, without charge or trial, of anyone who can be accused of being associated with al-Qaeda, they should not forget that, for ten years, the prisoners in Guantánamo have been detained on essentially the same basis. Read the rest of this entry »

Video: In Washington D.C., Andy Worthington Discusses Protests in Guantánamo, and the Campaign to Free Shaker Aamer

On January 10, while I was visiting the US for events marking the 10th anniversary of the opening of Guantánamo, the World Can’t Wait, the campaigning organization responsible for my visit, hosted a screening of the documentary film, “Outside the Law: Stories from Guantánamo” (which I co-directed with Polly Nash) at a branch of Busboys and Poets in Washington D.C.

This was the day before the rally and march to close Guantánamo, which I covered here, here and here, and it was an extremely well attended event, with over a hundred people in the audience — mostly campaigners from the various organizations involved in the January 11 protest, including Amnesty International, Witness Against Torture, the World Can’t Wait, Code Pink and the National Religious Campaign Against Torture.

Also present were: the attorney Tom Wilner — my colleague in the newly established “Close Guantánamo” campaign and website, with whom I had just taken part in a lunchtime event at the New America Foundation (also with Congressman Jim Moran and Col. Morris Davis) — and Darold Killmer and Mari Newman, attorneys from Denver whom I had asked to come along and speak about their clients, five Yemenis who are still held at Guantánamo. Read the rest of this entry »

How the National Defense Authorization Act Allows the President to Release Prisoners from Guantánamo

While I was in the US two weeks ago, for the 10th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, there was great deal of understandable outrage amongst activists — both those on the left, and libertarians — because of outrageous provisions in the National Defense Authorization Act of 2012 (PDF), which was passed by the Senate on December 15, and was signed into law by President Obama on December 31.

I discussed these provisions in a number of articles — most recently in an article entitled, “A Tired Obsession with Military Detention Plagues American Politics” — in which I wrote about the shameful provisions requiring the mandatory military custody, without charge or trial, of anyone allegedly associated with al-Qaeda, and also wrote about the provisions preventing the release of prisoners from Guantánamo, which have stopped anyone being released in the last year.

In addressing concerns about the NDAA, I made a point of stressing that, although it is important that criticism should continue to be directed at lawmakers for subverting the entire basis of America’s foundation as a country based on the rule of law with their military detention provisions (for which they should all be hounded out of office), and although it is also of significance that the restrictions on releasing Guantánamo prisoners are based on fearmongering for nakedly political reasons, two other details should not be overlooked. Read the rest of this entry »

Video: “Guantánamo Forever?” – Jim Moran, Andy Worthington, Morris Davis and Tom Wilner at the New America Foundation, January 10, 2012

See the entire event on C-SPAN here (and also via YouTube, embedded below).

On the 10th anniversary of the opening of the Bush administration’s prison at Guantánamo Bay, Cuba, which belonged to George W. Bush for seven of those ten years, but has belonged to Barack Obama for the last three, there is no reason for anyone with a heart, a conscience or a respect for America and the rule of law to be cheerful.

On Tuesday lunchtime, however, as part of my ongoing US tour, when I met up, at the New America Foundation in Washington D.C. with Tom Wilner, Counsel of Record in the Guantánamo prisoners’ habeas corpus cases in the Supreme Court in 2004 and 2008, and Col. Morris Davis, the former chief prosecutor of the Military Commissions at Guantánamo, who resigned in 2007 in protest at the use of torture, Col. Davis found it impossible not to crack a joke about it. “We must stop meeting like this,” he said, referring to the fact that, exactly a year ago, he and Tom and I were on a panel discussing Guantánamo on the 9th anniversary of its opening. Read the rest of this entry »

Bring Shaker Aamer Home: Parliamentary Screening of “Outside the Law: Stories from Guantánamo,” London, Tuesday June 21, 2011

“‘Outside the Law’ is a powerful film that has helped ensure that Guantánamo and the men unlawfully held there have not been forgotten.”
Kate Allen, Director, Amnesty International UK

“[T]his is a strong movie examining the imprisonment and subsequent torture of those falsely accused of anti-American conspiracy.”
Joe Burnham, Time Out

“Every American needs to watch this film. Or at least every mouthpiece in the corporate media. They should broadcast this instead of the WWII Holocaust documentaries, which play on rotation on the cable networks.”
Alexa O’Brien, journalist, WL Central

As featured on Democracy Now!, ABC News and Truthout. Buy the DVD here (£10 + £2 postage in the UK, and worldwide) or here if in the US ($10 post free).

On Tuesday June 21, at 6 pm, there will be a special Parliamentary screening of the documentary film, “Outside the Law: Stories from Guantánamo” (directed by Polly Nash and Andy Worthington), in the Attlee Suite in Portcullis House, opposite the House of Commons on Bridge St, London, SW1A 2LW (Please note that this venue change was announced on June 15, and amended accordingly). 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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