It took 19 years and three months, but finally Saifullah Paracha, 75, Guantánamo’s oldest prisoner, has been freed from the prison and repatriated to Pakistan, where he has been reunited with his family. The photo at the top of this article was taken as he celebrated his freedom in Karachi, with a cup of tea in a branch of McDonald’s. It was posted on Twitter on October 29 by one of his lawyers, Clive Stafford Smith, the founder of Reprieve, who called it a “belatedly happy day,” noting that “he should never have been kidnapped & locked up 18 [actually 19] yrs ago.”
In a follow-up tweet on October 30, Stafford Smith added that he had “just had the nicest morning chat” with Saifullah, also explaining that, until the very end, the hysterical over-reaction that has typified the US’s treatment of the 779 men it largely rounded up indiscriminately, sent to Guantánamo, and then fabricated reasons for holding them indefinitely without charge or trial, was still in place. “It took 40 US personnel to take one 75 yo home from Guantánamo Bay”, Stafford Smith wrote.
The over-reaction was grotesque on two fronts: firstly, because Saifullah was regarded as a model prisoner at Guantánamo, who, as the US authorities explained in 2016, “has been very compliant with the detention staff and espouses moderate views and acceptance of Western norms,” and “has focused on improving cell block conditions and helping some detainees improve their English-language and business skills”; and, secondly, because a robust government review process — the Periodic Review Boards, involving “one senior official from the Departments of Defense, Homeland Security, Justice, and State; the Joint Staff, and the Office of the Director of National Intelligence” — had unanimously concluded, in May 2021, that “continued law of war detention [was] no longer necessary to protect against a continuing significant threat to the security of the United States.”
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.
On Wednesday (February 24), I was delighted to talk for half-an-hour about Guantánamo with Bob Connors and Tom Walker on their show, the Peace and Justice Report, on WSLR 96.5, a community radio station in Florida. I’ve appeared on the show previously, in 2018 and 2019, after Bob and Tom came across my work, but both of those occasions were during the heavy miasma of despair of the Trump years, and so it was refreshing to talk in a post-Trump world in which there is, at least, some hope of progress on Guantánamo.
The interview is available on the WSLR archive here. Scroll down to “Wednesday, February 24, 2021 9:00 am,” where it’s available for the next two months.
We began by discussing Trump’s four dismal years as president, in which, even before he took office, he tweeted, “There must be no more releases from Gitmo,” and was true to his word, with the one exception of a Saudi prisoner who had previously agreed a plea deal that involved his repatriation to continued imprisonment in his home country.
One month since the Presidential Election, and with less than seven weeks until Joe Biden is inaugurated as the 46th President of the United States, it’s reassuring that the need for the prison at Guantánamo Bay to be closed is being discussed in the US media. 40 men are still held at Guantánamo — five approved for release by high-level government review process under President Obama; nine facing or having faced trials in the military commissions; and 26 others officially held indefinitely without charge or trial.
For the Associated Press — in a story entitled, “Biden’s win means some Guantánamo prisoners may be released,” which was widely picked up on and reported across the US and around the world — longtime Guantánamo watcher Ben Fox began by speaking to attorney Shelby Sullivan-Bennis, who was at Guantánamo for her client Saifullah Paracha’s latest Periodic Review Board hearing.
Guantánamo’s oldest prisoner, Paracha, 73, whose case I have covered extensively, has diabetes and a heart condition, and is one of the 26 “forever prisoners,” held on an ongoing basis without charge or trial because the US authorities allege that they pose some kind of “threat” to national security. However, as Ben Fox explained, he “went to his latest review board hearing with a degree of hope, something that has been scarce during his 16 years locked up without charges at the US base in Cuba,” because, as he added, he “had two things going for him that he didn’t have at previous hearings: a favorable legal development and the election of Joe Biden.”
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.
For anyone who has been paying attention not only to the long and horribly unjust Guantánamo saga, but also to the stories of others held in other circumstances as part of the “tangled web” of the “war on terror,” the recent announcement that Uzair Paracha, a Pakistani national, has been released from a US jail and repatriated after 17 years in prison, with a judge throwing his conviction out of court, is extremely good news.
If there is any justice, Uzair Paracha’s release ought to secure the release from Guantánamo of his father, Saifullah, although, when it comes to Guantánamo, of course, it has rarely been the case that anything involving that prison has ever had any meaningful connection to justice.
I first came across Saifullah Paracha’s story in 2006, while researching my book The Guantánamo Files, and I came across his son’s story in 2007, which prompted me to write about a possible miscarriage of justice in my article, Guantánamo’s tangled web: Khalid Sheikh Mohammed, Majid Khan, dubious US convictions, and a dying man.
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.
In the “war on terror” established by the US in the wake of the terrorist attacks of September 11, 2001, one of the most distressing developments has been the death of the presumption of innocence and of any form of due process.
In response to the attacks, the Bush administration tore up and discarded all the laws and treaties regarding the treatment of prisoners, and as a result everyone they rounded up as a terrorist (or a terrorist sympathizer or facilitator) was regarded as guilty — without the need for any proof.
The terrible legacy of this time is still with us. Although the processing prisons in Afghanistan (Bagram, for example) and the CIA “black sites” have closed, 40 men are still held in the prison at Guantánamo Bay, the defining icon of the US’s post-9/11 lawlessness.
Of the 779 men held by the US military at Guantánamo since it opened over 17 years ago, on January 11, 2002, 729 men have been released, but only 39 of those 729 have been released through any legal process — 33 through the US courts, as a result of them having their habeas corpus petitions granted by judges in the District Court in Washington, D.C., and six others through the military commission trial process at Guantánamo itself (one after a trial, and five through plea deals). Read the rest of this entry »
Bad news from Guantánamo for Saifullah Paracha, a Pakistani businessman, a victim of kidnap, extraordinary rendition and torture, and, at 68, the prison’s oldest prisoner, as his ongoing imprisonment has been recommended by a Periodic Review Board, following a hearing on March 8, which I wrote about here. The PRB process involves 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, and it was established in 2013 to review the cases of all the prisoners not already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force, which reviewed all the prisoners’ cases in 2009, or facing trials (and just ten of the remaining 89 prisoners are in this latter category).
With this decision, 27 prisoners have had their cases decided, with 20 men approved for release, and just seven having their ongoing imprisonment approved. However, most of those approved for release were mistakenly described as “too dangerous to release” by the task force, while Paracha is from a smaller group of men initially recommended for prosecution until the basis for prosecutions largely collapsed, and in that group his is the second application for release that has been turned down, with just one success to date.
I have never found the case against Paracha — that he worked with Al-Qaeda in a plot or plots relating to the US — to be convincing, as he lived and worked as a successful businessman in the US from 1970-86, appears to be socially liberal, and has been a model prisoner at Guantánamo, where he has helped numerous younger prisoners engage with the various review processes established over the years. When his PRB took place, the authorities described him as as “very compliant” with the prison guards, with “moderate views and acceptance of Western norms.” Read the rest of this entry »
I wrote the following article — as “Guantánamo Review Board for Saifullah Paracha, Pakistani Businessman and ‘Very Compliant’ Prisoner, Kidnapped in Thailand in 2003” — 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.
Last week Saifullah Paracha, a Pakistani businessman, and, at 68 years of age, Guantánamo’s oldest current prisoner, became the 28th Guantánamo prisoner to have his potential release considered by a Periodic Review Board (see our full list here). This review process was set up in 2013 to review the cases of all the prisoners not facing trials (just ten men) or already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010, when almost two-thirds of the remaining prisoners — 156 out of 240 — were recommended for release, or, to use the task force’s careful wording, were “approved for transfer subject to appropriate security measures.”
Of the 28, five decisions have yet to be made, but of the 23 others the success rate for these men securing approval for their release is extremely high — 83% — with 19 men having their release recommended. What makes these decisions particularly important is that they puncture the rhetoric that has surrounded these men — both under George W. Bush, with the glib dismissal of everyone at Guantánamo as “the worst of the worst,” and under Barack Obama, with his task force’s conclusion (more worrying because of its veneer of authority) that 48 of those eligible for PRBs were “too dangerous to release,” even though it was also acknowledged that insufficient evidence existed to put them on trial; in other words, that it was not reliable evidence at all.
In attempting to justify its decisions, the task force noted that its members had relied on “the totality of available information — including credible information that might not be admissible in a criminal prosecution — [which] indicated that the detainee poses a high level of threat that cannot be mitigated sufficiently except through continued detention.” Read the rest of this entry »
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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