Wonderful News as Eleven Men Are Freed from Guantánamo and Resettled in Oman

The eleven men freed from Guantánamo and resettled in Oman. Top row, from L to R: Moath Al-Alwi, Khaled Qassim, Tawfiq Al-Bihani, Hani Saleh Rashid Abdullah, Uthman Abd Al-Rahim Muhammad Uthman. Middle row: Sharqawi Al-Hajj, Abdulsalam Al-Hela, Sanad Al-Kazimi, Suhayl Al-Sharabi, Zakaria Al-Baidany. Bottom row: Hassan Bin Attash.

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In what will forever be remembered as a truly significant day in Guantánamo’s long and sordid history, the Biden administration has freed eleven Yemeni prisoners, flying them from Guantánamo to Oman to resume their lives after more than two decades without charge or trial in US custody; mostly at Guantánamo, but in some cases for several years previously in CIA “black sites.”

All eleven men had been held for between two and four years since they were unanimously approved for release by high-level US government review processes, and, in one outlying case, for 15 years.

A deal to release them in Oman had been arranged in October 2023, but had been cancelled at the last minute, when a plane was already on the runway, because of what was described, when the story broke last May, as the “political optics” of freeing them when the attacks in southern Israel had just taken place — although Carol Rosenberg, writing for the New York Times about the releases yesterday, suggested that “congressional objections led the Biden administration to abort the mission.”

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Guantánamo Scandal: Eleven Men Were Set to Be Freed Last October, Until “Political Optics” Shifted After Hamas’ Attack on Israel

The eleven Yemeni prisoners who were supposed to be resettled in Oman in October 2023. Top row, from L to R: Moath Al-Alwi, Khaled Qassim, Toffiq Al-Bihani, Hani Saleh Rashid Abdullah, Uthman Abd Al-Rahim Muhammad Uthman. Middle row: Sharqawi Al-Hajj, Abdulsalam Al-Hela, Sanad Al-Kazimi, Suhayl Al-Sharabi, Zakaria Al-Baidany. Bottom row: Hassan Bin Attash.

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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.

Thanks to NBC News, and the four anonymous US government officials who spoke to them, for exposing the latest scandal involving the US prison at Guantánamo Bay — the refusal of the Biden administration to release eleven men, for whom long months of negotiation had secured a safe and viable resettlement option, because of the perceived “political optics” of freeing them after the attacks on Israel by Hamas and other militants on October 7.

Within Guantánamo circles, this scandal was well known, but attorneys for the men had been subjected to a Protective Order issued by the government, preventing them from talking about it, and, as a result, they had all dutifully kept quiet, as had others, like myself, who had got to know about it.

Their silence is, in itself, an indictment of how the US government operates at Guantánamo, as I also recognised when I refused to publicize it, because of the fundamentally lawless situation in which these men are held.

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Held for 1,000 Days Since Being Approved for Release from Guantánamo: Uthman Abd Al-Rahim Muhammad Uthman

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In the first of a new series of profiles of men held at Guantánamo — specifically, the 16 men (out of the 30 still held) who have long been approved for release by high-level US government review processes — I’m focusing on Uthman Abd Al-Rahim Muhammad Uthman, a 43-year old Yemeni citizen, who, today, has been held for 1,000 days since the US authorities first decided that they no longer wanted to hold him.

Uthman arrived at Guantánamo on January 16, 2002, five days after the prison opened, when he was just 21 years old, and, as a result, he has been held for over half his life at Guantánamo. The photo is from his classified military file, released by WikiLeaks in April 2011, and dating from April 2008, meaning that he would have been 27 years old, or younger, when it was taken.

Since his arrival at Guantánamo — 8,058 days ago (that’s 22 years and 22 days) — Uthman has been held without charge or trial, and with no sign of when, if ever, he will eventually be freed, even though the high-level government review process that approved him for release concluded unanimously, on May 13, 2021, that “continued law of war detention is no longer necessary to protect against a continuing significant threat to the security of the United States.”

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Great News from Guantánamo As Three “Forever Prisoners,” Including 73-Year Old Saifullah Paracha, Are Approved for Release

Guantánamo prisoners Saifullah Paracha, Abdul Rahim Ghulam Rabbani and Uthman Abd al-Rahim Uthman, whose long overdue release from the prison was approved by Periodic Review Boards on Monday, although it is not yet known when they will actually be released.

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In extremely encouraging news from Guantánamo, three men have been approved for release from the prison by Periodic Review Boards, the high-level government review process established under President Obama.

The three men are: 73-year old Pakistani citizen Saifullah Paracha, Guantánamo’s oldest prisoner; Abdul Rahim Ghulam Rabbani, another Pakistani citizen who is 54 years old; and Uthman Abd al-Rahim Uthman, a 41-year old Yemeni. All have been held without charge or trial at Guantánamo for between 17 and 19 years.

Between November 2013 and January 2017, when President Obama left office, the Periodic Review Boards — consisting of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — reviewed the cases of 64 prisoners, to ascertain whether or not they should still be regarded as a threat to the US, and, in 38 cases, recommended the prisoners for release. All but two of these men were released before the end of Obama’s presidency.

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No Escape from Guantánamo: An Update on the Periodic Review Boards

Four Guantanamo prisoners whose cases are still nominally being reviewed by Periodic Review Boards. Clockwise from top left: Omar al-Rammah, awaiting a decision in his review after 16 months, and Khalid Qasim, Abdul Rahim Ghulam Rabbani and Uthman Mohammed Uthman, who all had their ongoing imprisonment upheld after reviews this year.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.




 

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.

Regular Guantánamo-watchers will know how wretched it is that Donald Trump is in charge of the prison at Guantánamo Bay, because he appears to have no ability or willingness to understand that it is a legal, moral and ethical abomination, where most of the 40 men still held are imprisoned indefinitely without charge or trial, in defiance of all agreed laws and treaties, and a handful of others are facing trials in a broken trial system, the military commissions, that is not fit for purpose.

Under George W. Bush, a total of 532 prisoners were released from Guantánamo, and Barack Obama released another 196. Trump, to date, has released just one man, a Saudi repatriated for ongoing imprisonment, who was only released because of a plea deal he had agreed to in his military commission proceedings in 2014, and has shown no interest in releasing anyone else, even though five of the 40 men still held were approved for release by high-level review processes under President Obama. With only nine men facing trials, that also leaves 26 other men in that unjustifiable limbo of indefinite imprisonment without charge or trial.

The only mechanism that exists that theoretically could lead to the release of any of these men is the Periodic Review Board system, the second review process set up by President Obama. The first, the Guantánamo Review Task Force, assessed in 2009 whether prisoners should be freed or tried or whether they should continue to be held without charge or trial. 156 were recommended for release, and 36 for prosecution, and 48 for ongoing imprisonment without charge or trial, on the basis that they were regarded as too dangerous to release, but insufficient evidence existed to put them on trial. Read the rest of this entry »

Review Boards Approve Ongoing Imprisonment of Three More Prisoners at Guantánamo, Even As Lawmakers Urge Donald Trump to Scrap Them

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

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.

The problem with Guantánamo has never been what right-wingers delude themselves into thinking it is — that it’s a perfect acceptable, secure facility for holding terrorists whose existence is undermined by liberals constantly trying to close it down, endangering America’s national security.

Instead, the problem is Guantánamo itself, a place of arbitrary detention, where very few of the 779 people held there by the military over the last 15 years have genuinely been accused of any involvement with terrorism, but where, because of the Bush administration’s contempt for internationally recognized laws and treaties regarding imprisonment, the majority of the men held — overwhelmingly, foot soldiers for the Taliban, and civilians, many sold for bounties — have been deprived of any rights whatsoever, and can only be freed at the whim of the executive branch.

For a brief period from 2008 to 2010, those held could appeal to the US courts, where judges were able to review their habeas corpus petitions, and, in a few dozen cases, order their release, but this loophole was soon shut down by politically motivated judges in the court of appeals in Washington, D.C., and the Supreme Court has persistently refused to revisit the positive rulings it made regarding the prisoners’ habeas corpus rights in 2004 and 2008, hurling the men back into a disgraceful legal limbo in which their only hope for release lies, yet, again, with the presidential whim. Read the rest of this entry »

Periodic Review Boards: Two Prisoners Recommended for Release from Guantánamo, Two Have Detention Upheld, Another Seeks Release

Yemeni prisoner Shawqi Balzuhair, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.It’s been a busy week at Guantánamo, with two Periodic Review Boards taking place, two prisoners being approved for release after reviews in April, and two others having their ongoing imprisonment without charge or trial upheld.

The Periodic Review Boards — which involve representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff — were established in 2013 to review the cases of all the men still held who are not facing trials (and just ten men are in this category), or who had not already been approved for release by the high-level, inter-agency Guantánamo Review Task Force, which, in 2009, reviewed the cases of all the men held when President Obama took office.

71 men were originally eligible for PRBs, a number reduced to 64 when five men were freed, and two were charged in the military commissions. 41 of the men were described as “too dangerous to release” by the task force, which acknowledged, however, that insufficient evidence existed to put them on trial — meaning, of course, that it was not evidence at all, but, in large part, consisted of unreliable statements made by the prisoners themselves, or their fellow prisoners, when the use of torture and other forms of abuse were widespread. 23 others had been recommended for prosecution by the task force, until the basis for prosecution largely collapsed after a number of highly critical appeals court rulings, in which judges dismissed some of the few convictions secured in the troubled military commission system, on the basis that the war crimes in question had been invented by Congress. Read the rest of this entry »

An Afghan and a Yemeni “Black Site” Prisoner Face Guantánamo Periodic Review Boards, as 21st Man Approved for Release

Yemeni prisoner Salem Bin Kanad, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.In President Obama’s last year in office, efforts are clearly being made to fulfill the promise he made to close the prison at Guantánamo Bay on his second day in office, back in January 2009. 27 men have been freed this year, leaving just 80 still held, the lowest number since the early months of the prison’s existence back in 2002.

27 of those 80 men have been approved for release — 15 since 2010, when the high-level, inter-agency Guantánamo Review Task Force appointed by President Obama to review the cases of all the prisoners he inherited from George W. Bush delivered its final report, and 12 since January 2014, when another review process, the Periodic Review Boards, began delivering decisions about the majority of the men not already approved for release. Just ten of the 80 men still held are facing — or have faced — trials, and the rest are eligible for PRBs.

21 men have so far been approved for release by the PRBs, and nine of those men have been freed. Just seven men have had their ongoing imprisonment recommended — a success rate for the prisoners of 75%, which thoroughly undermines the task force’s claims, made back in 2010, that they were “too dangerous to release.” The task force also claimed that insufficient evidence existed to put them on trial, but the truth is that the “too dangerous to release” tag was overstated, relying on unreliable information extracted from the prisoners themselves, and produced as a result of torture, other forms of abuse, or bribery (with better living conditions), or on an unnecessarily cautious notion of the threat they posed, based on their attitudes while imprisoned at Guantánamo in defiance of all civilized norms. Read the rest of this entry »

Two More Yemeni “Forever Prisoners” Seek Release from Guantánamo Via Periodic Review Boards

Yemeni prisoner Bashir al-Marwalah, in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.Last week, two more Periodic Review Boards took place for men held in the US prison at Guantánamo Bay, Cuba. The PRBs, which began in November 2013, are reviewing the cases of all the men still held who are not facing trials or were not already approved for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in January 2009.

The PRBs that took place last week were for the 32nd and 33rd prisoners to have their cases considered. Of the previous 31, 20 have so far been approved for release, eight have had their ongoing imprisonment recommended, and three are awaiting results. Of the decisions taken, the prisoners’ success rate is 71%, a figure that is a stern rebuke to the task force, which either described them as “too dangerous to release,” while conceding that there was insufficient evidence to put them on trial, meaning that there are serious problems with the so-called “evidence,” or recommended them for prosecution in a system — the military commissions — that is so discredited that, after the task force made its recommendations, appeals court judges began overturning some of the few convictions achieved in the commissions, on the basis that the war crimes for which the prisoners had been convicted were not legitimate war crimes at all but had been invented by Congress.

Most of the PRBs to date have been for the “forever prisoners,” those mistakenly described as “too dangerous to release,” and last week’s PRBs were for two more from this group. 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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