Incommunicado Forever: The Colossal Injustice of Torture Victim Abu Zubaydah’s Ongoing Imprisonment Without Charge or Trial at Guantánamo

Abu Zubaydah, photographed before his capture in Pakistan on March 28, 2002. Subsequently held in secret CIA prisons for four and a half years, he has been held at Guantanamo, without charge or trial, since September 2006. It’s been some time since I wrote about Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), one of 14 “high-value detainees” transferred from secret CIA prisons to Guantánamo in September 2006, beyond discussions of his important case against the Polish government, where he was held in a secret CIA torture prison in 2002 and 2003. This led to a ruling in his favor in the European Court of Human Rights last July, and a decision in February this year to award him — and another Guantánamo prisoner and torture victim, Abd al-Rahim al-Nashiri — $262,000 in damages, for which, just last week, a deadline for payment was set for May 16, even though, as the Guardian noted, “neither Polish officials nor the US embassy in Warsaw would say where the money is going or how it was being used.”

I wrote extensively about Abu Zubaydah from 2008 to 2010, when there was generally little interest in his case, and I have also followed his attempts to seek justice in Poland since the investigation by a prosecutor began in 2010, leading to his recognition as a “victim” in January 2011, just before I visited Poland for a brief tour of the film I co-directed, “Outside the Law: Stories from Guantánamo,” with the former Guantánamo prisoner Moazzam Begg.

I have continued to follow Abu Zubaydah’s story in the years since, as other developments took place — when Jason Leopold, then at Al-Jazeera America, got hold of his diaries, which the US authorities had refused to release, and last December, when the executive summary of the Senate Intelligence Committee’s report into the CIA’s torture program was released, and one of Abu Zubaydah’s lawyers, Helen Duffy, wrote an article for the Guardian, entitled, “The CIA tortured Abu Zubaydah, my client. Now charge him or let him go.” This followed the revelations in the report that, if he survived his torture, his interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life,” and senior officials stated that he “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released.” Read the rest of this entry »

European Court of Human Rights Orders Poland to Pay $262,000 to CIA “Black Site” Prisoners

Abu Zubaydah and Abd al-Rahim al-Nashiri, two prisoners held in a secret CIA "black site" in Poland, whose cases were heard by the European Court of Human Rights in December 2013.I’m just catching up on a story from two weeks ago that I was unable to post at the time because I was busy with another couple of stories — the dismissal of David Hicks’ Guantánamo conviction, and the ongoing campaign to free Shaker Aamer.

The story I didn’t have time to report involved the European Court of Human Rights and the CIA “black site” that existed on Polish soil from December 2002 to September 2003. In July last year, the court delivered an unprecedented ruling — that, as the Guardian described it, Poland “had violated international law by allowing the CIA to inflict what ‘amounted to torture’ in 2002 at a secret facility in the forests of north-east Poland. The court found that Poland ‘enabled the US authorities to subject [the detainees] to torture and ill‑treatment on its territory’ and was complicit in that ‘inhuman and degrading treatment.'”

The ruling dealt with two of the “high-value detainees” held in the site — Abu Zubaydah, a Palestinian born in Saudi Arabia, for whom the torture program was specifically developed, even though it was subsequently discovered that he was not involved with Al-Qaeda, and Abd al-Rahim al-Nashiri, a Saudi accused of involvement in the attack on the USS Cole in 2000. Both men were subjected to the ancient torture technique known as waterboarding, as well as a variety of other torture techniques, and, while Abu Zubaydah is still held without charge or trial, al-Nashiri is facing a war crimes trial in the military commissions at Guantánamo, a process that has been stuck on the pre-trial phase for years, as his defense team tries to raise the question of his torture and prosecutors do all they can to keep it hidden. Read the rest of this entry »

Andy Worthington Speaks at Two London Events on the CIA Torture Report and the Banned Books of Guantánamo, February 2015

Andy Worthington and the We Stand With Shaker poster at the protest against Guantanamo outside the Whirte House on January 11, 2015, the 13th anniversary of the opening of the prison (Photo: Medea Benjamin for Andy Worthington).I’m delighted to report that I’ve been asked to take part in two panel discussions over the next two weeks, and I hope that, if you’re in London, you’ll be able to come along.

The first is at the University of Westminster on Wednesday February 11, when I’ll be discussing the Senate Intelligence Committee’s report on the CIA torture programme with Philippe Sands QC, a law professor at UCL and a barrister at Matrix Chambers (and the author of Torture Team), and Carla Ferstman, the director of REDRESS, a human rights organisation that “helps torture survivors obtain justice and reparation,” and “works with survivors to help restore their dignity and to make torturers accountable.” The discussion will be chaired by Dr. Emma McClean, Senior Lecturer in Law at the University of Westminster.

This is how the event is described on the university website: Read the rest of this entry »

Video: At New America, Andy Worthington, Tom Wilner and Col. Morris Davis Discuss the Closure of Guantánamo and the CIA Torture Report

A screenshot of Andy Worthington speaking about the need to close Guantanamo at New America in Washington D.C. on January 12, 2015, the day after the 13th anniversary of the opening of the prison. Andy was with Tom Wilner and Col. Morris Davis, and the moderator was Peter Bergen.At lunchtime on Monday January 12, the day after the 13th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, Cuba (when I was speaking outside the White House), I took part in “Leaving the Dark Side? Emptying Guantánamo and the CIA Torture Report,” a panel discussion at New America.

With me at New America (formerly the New America Foundation) was Tom Wilner, who represented the Guantánamo prisoners before the Supreme Court in their habeas corpus cases in 2004 and 2008, and with whom I co-founded the Close Guantánamo campaign in January 2012, on the 10th anniversary of the opening of Guantánamo, 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, and has since become an outspoken critic of the prison and the “war on terror.”

The moderator was journalist and author Peter Bergen, the Director of the International Security, Future of War, and Fellows Programs at New America, who I have known since the early 1890s, when we were both at Oxford together. Read the rest of this entry »

Prosecutions Now! Please Read My New Article for Al-Jazeera About the Release of the Senate Torture Report

A screenshot of Andy Worthington's Al-Jazeera article about the CIA torture program, published on December 10, 2014.Dear friends and supporters,

I hope you have time to read my new article for Al-Jazeera English, “Punishment, not apology after CIA torture report” looking at yesterday’s release of the 500-page executive summary of the Senate Intelligence Committee’s 6,700-page report into the CIA’s “Detention and Interrogation Program,” which took five years to complete, and cost $40m; or, in other words, the release of the summary of the Committee’s report about the Bush administration’s torture program, as run by the CIA.

In the article, I run through the history of the secretive program and how knowledge of it became public, from 2004 onwards (and including a mention of the report on secret detention for the UN in 2010, on which I was the lead writer and researcher), and I also look at a few of the genuinely shocking stories that emerge from the executive summary, some of which are shocking even for those of us who have spent years — in my case nearly nine years — researching and writing about the torture program.

I remain worried, however, that the Committee’s important work will be swept under the carpet, and that no one will be held accountable — by which I don’t just mean CIA officials, and James Mitchell and Bruce Jessen, the former SERE psychologists who designed the program (and earned $81m as a result!), as much as those who gave them their orders in the first place; namely, President George W. Bush and Vice President Dick Cheney, and the various lawyers around them — David Addington, William J. Haynes II, John Yoo and Alberto Gonzales, for example — who did so much to initiate the torture program and to attempt to justify it. 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, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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