Former Military Commissions Prosecutor Calls for the Closure of Guantánamo

Former Guantánamo military commissions prosecutor Omar Ashmawy, and a court sketch of Salim Hamdan, at his trial in 2008, one of only two military commission cases that have proceeded to full trials since Guantánamo was first established 19 and a half years ago.

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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.

Since Joe Biden was inaugurated as president in January, there has been a considerable outpouring of high-level demands for the closure of the shameful and disgraceful prison at Guantánamo Bay, which marked the 19th anniversary of its opening just before Biden’s inauguration, as the fatigue of the Trump years, when the White House was occupied by a president with no interest in addressing the horrors of Guantánamo, came to an end.

In January, seven former prisoners (all authors) had a letter published in the New York Review of Books calling for the prison’s closure, followed in February by a letter from 111 human rights organizations, including Close Guantánamo. Most significantly, in April, 24 Democratic Senators, including Dick Durbin, Patrick Leahy and Dianne Feinstein, followed up with their own demand for the prison’s closure, including detailed explanations of how that is possible.

There have also been op-eds by former Bill Clinton advisor Anthony Lake and Close Guantánamo co-founder Tom Wilner, by Lee Wolosky, the former Special Envoy for Guantánamo Closure, by retired Rear Admirals Donald J. Guter and John Hutson, by former CIA analyst Gail Helt, by Valerie Lucznikowska of September 11 Families for Peaceful Tomorrows, and by the attorney Benjamin R. Farley, who represents one of the men accused of involvement in the 9/11 attacks, as part of the DoD’s Military Commissions Defense Organization.

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Close Guantánamo: Lawyers Decry Broken Military Commission System and Status of “Forever Prisoners” in Washington Post Op-Ed

Campaigners calling for the closure of the prison at Guantánamo Bay outside the US Congress on Monday January 11, 2021, the 19th anniversary of the opening of the prison. (Photo by Alli Jarrar of Amnesty International).

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As the 19th anniversary of the the opening of the prison at Guantánamo Bay recedes, and the inauguration of Joe Biden hoves into view, it remains crucial that all of us who oppose the continued existence of Guantánamo continue to discuss the 40 men still held there, the inadequacy of the status of all of them (six approved for release but still held, nine charged or tried in a broken trial system, and 25 consigned to oblivion as “forever prisoners”), and to demand its closure.

On the anniversary, along with the various online events and interviews, Newsweek distinguished itself by being the only mainstream US media outlet to focus on the anniversary, publishing a powerful op-ed by former prisoner, torture victim and best-selling author Mohamedou Ould Salahi, which I posted the day after on the Close Guantánamo website.

The only other mainstream media coverage I’ve found came the day after the anniversary in the Washington Post, where two attorneys with the Military Commissions Defense Organization, civilian defense counsel Brian Bouffard, and Aaron Shepard, a lieutenant commander in the US Navy JAG Corps, wrote what really ought to be an epitaph for Guantánamo’s broken military commission trial system, and for the rotten policy of indefinite detention without charge or trial that is the main hallmark of Guantánamo’s unforgivable exceptionalism, as the prison begins its 20th year of operations. The op-ed is cross-posted below.

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As Torture Rears Its Ugly Head at Guantánamo, Let’s Not Forget That the Entire Prison Must Be Closed

CIA torture architect James Mitchell and an undated photo of a “war on terror” prisoner being subjected to “extraordinary rendition” by US forces.

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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.

2020 has, to date, been noteworthy for how much attention has been focused on Guantánamo, the US naval base in Cuba that is home to the “war on terror” prison established in January 2002, and also to the inappropriately named Camp Justice, where trial proceedings for some of the men held in the prison take place.

First up was the 18th anniversary of the opening of the prison, on January 11, when campaigners from numerous NGOs and campaigning groups — including Close Guantánamo — held a rally outside the White House to call for the prison’s closure. I flew over from the UK to take part in this rally, as I have done every year since 2011, and then stayed on for a week to take part in two speaking events, six radio interviews, and an interview with RT, the only TV interview in the whole of the US broadcast media that dealt with the anniversary.

I returned to the UK on January 20, just as a second round of more prominent Guantánamo-related activity began at Camp Justice. For the first time in many years, dozens of journalists had flown to the naval base for the latest round — the 40th, astonishingly, since hearings began in 2012 — of pre-trial hearings for the proposed trial of Khalid Sheikh Mohammed and four other men accused of involvement in the terrorist attacks of September 11, 2001.

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Stop the Extradition: If Julian Assange Is Guilty of Espionage, So Too Are the New York Times, the Guardian and Numerous Other Media Outlets

An undated photo of a billboard outside the Ecuadorian Embassy in London, criticizing efforts by the US to punish Chelsea Manning and Julian Assange for having leaked and published classified US government documents.

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. If you can help, please click on the button below to donate via PayPal.





 

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.

Nearly seven years ago, when WikiLeaks’ founder, Julian Assange, sought asylum in the Ecuadorian Embassy in London (on June 19, 2012), he did so because of his “fears of political persecution,” and “an eventual extradition to the United States,” as Arturo Wallace, a South American correspondent for the BBC, explained when Ecuador granted him asylum two months later. Ricardo Patino, Ecuador’s Minister of Foreign Affairs, spoke of “retaliation that could endanger his safety, integrity and even his life,” adding, “The evidence shows that if Mr. Assange is extradited to the United States, he wouldn’t have a fair trial. It is not at all improbable he could be subjected to cruel and degrading treatment and sentenced to life imprisonment or even capital punishment.”

Assange’s fears were in response to hysteria in the US political establishment regarding the publication, in 2010 — with the New York Times, the Guardian and other newspapers — of war logs from the Afghan and Iraq wars, and a vast number of US diplomatic cables from around the world, and, in 2011, of classified military files relating to Guantánamo, on which I worked as media partner, along with the Washington Post, McClatchy, the Daily Telegraph and others. All these documents were leaked to WikiLeaks by former US Army intelligence analyst Chelsea Manning. 

Nearly seven years later, Assange’s fears have been justified, as, on May 23, the US Justice Department charged him on 18 counts under the Espionage Act of 1917, charges that, as the Guardian described it in an editorial, could lead to “a cumulative sentence of 180 years.” 

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Really? Trump Lawyer Argues in Court that Guantánamo Prisoners Can Be Held for 100 Years Without Charge or Trial

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 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.




 

Last Wednesday, as I flagged up in a well-received article the day before, lawyers for eleven of the 40 prisoners still held at Guantánamo finally got the opportunity to follow up on a collective habeas corpus filing that they submitted to the District Court in Washington D.C. on January 11, the 16th anniversary of the opening of the prison. The filing, submitted by lawyers from organizations including the Center for Constitutional Rights (CCR) and Reprieve on behalf of 11 of the remaining 40 prisoners, argued, as CCR described it after the hearing, that “their perpetual detention, based on Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances, is arbitrary and unlawful.”

CCR added that the motions of eight of the 11 men were referred to Senior Judge Thomas F. Hogan, who heard the argument today”, and stated that the lawyers had “asked the judge to order their release.”

CCR Legal Director Baher Azmy, who argued the case in court, said after the hearing, “Our dangerous experiment in indefinite detention, after 16 years, has run its course. Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantánamo. That position is based not on a meaningful assessment of any actual threat, but on Trump’s animosity towards Muslims, including these foreign-born prisoners at Guantanamo — the height of arbitrariness. Short of judicial intervention, Trump will succeed.” Read the rest of this entry »

Guantánamo Scandal: The Released Prisoners Languishing in Secretive Detention in the UAE

Ravil Mingazov and Obaidullah, two of the former Guantanamo prisoners resettled in the United Arab Emirates between 2015 and 2017, whose lawyers have stated that they are being held in a form of secretive detention.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.

There’s been some disturbing news, via the Washington Post, about former Guantánamo prisoners who were resettled in the United Arab Emirates, between November 2015 and January 2017, after being unanimously approved for release from Guantánamo by high-level US government review processes. 

23 men in total were sent to the UAE — five Yemenis in November 2015, 12 Yemenis and three Afghans in August 2016, and another Afghan, a Russian and another Yemeni in January 2017, just before President Obama left office, as he scrambled to release as many prisoners approved for release by his own review processes as possible before Donald Trump took office. 

All were resettled in a third country because the entire US establishment refused to contemplate releasing Yemenis to their home country because of the security situation there, because Congress had, additionally, refused to allow any more Afghan prisoners to be repatriated, and because, in the case of the Russian, it was not considered safe for him to be sent home. Read the rest of this entry »

Torture on Trial in the US Senate, as the UK Government Unreservedly Apologizes for Its Role in Libyan Rendition

Sen. John McCain gives his reason for refusing the nomination of Gina Haspel as the next Director of the CIA (graphic by CBS News).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.

In the last few days, two very different approaches to torture have been on display in the US and the UK.

On Wednesday, the US Senate conducted confirmation hearings for Gina Haspel, Donald Trump’s nomination as the next Director of the CIA, who has attracted widespread criticism since her nomination was announced back in March, for two particularly valid reasons: firstly, because, towards the end of 2002, she was in charge of the CIA’s first post-9/11 “black site” in Thailand, where several “high-value detainees” were held and tortured, and secondly because, in 2005, she was involved in the destruction of videotapes documenting the torture of prisoners, even though a court had ordered the tapes to be preserved.

At the time of her nomination, we signed up to a letter from a number of rights groups opposing her nomination, and also published an article on our website, entitled, The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA. Read the rest of this entry »

Life After Guantánamo: In Morocco, Younous Chekkouri’s Struggle to Rebuild His Life

Younous Chekkouri, photographed by Sudarshan Raghavan for the Washington Post.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.





 

Regular readers will know that I have been following the stories of the prisoners held at Guantánamo for over 12 years, first through the 14 months’ research and writing I did for my book The Guantánamo Files (which, I just found out, I completed exactly eleven years ago today!), and then through the nearly 2,200 articles I have written about Guantánamo over the last eleven years.

One story that leapt out at me while researching The Guantánamo Files was that of Younous Chekkouri (aka Younus Chekhouri), a Moroccan national who, as I discovered through the transcript of a cursory military review of his case, “strenuously denied having had anything to do with Osama bin Laden or al-Qaeda, whose philosophy he despised” (as I described it in an article in 2016, drawing on an interview with him in February 2016, after his release from Guantánamo in September 2015, that was published by the Associated Press).

The cursory military review was a Combatant Status Review Tribunal (CSRT), of which hundreds were conducted in 2004 before a tribunal of military officers who were meant to rubber-stamp the prisoners’ designation, on capture, as “enemy combatants’ who could be detained indefinitely without charge or trial. Read the rest of this entry »

Guantánamo Writer Mohamedou Ould Slahi’s Devastating Criticism of US Claims That It Owns and Can Destroy Prisoners’ Art

Mohamedou Ould Slahi in a photo that accompanied an interview with him on the Warscapes website in December 2016.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.





 

A month ago, following a report in the Miami Herald about the US authorities at Guantánamo claiming that they own prisoners’ art and can destroy it — a position apparently taken in response to an art exhibition that had rattled the Pentagon — I wrote an article explaining why this was both disgraceful and also typical of the US authorities, who have always behaved at Guantánamo as though every aspect of the prisoners’ lives — even their memories — are owned by them.

That article was entitled, Persistent Dehumanization at Guantánamo: US Claims It Owns Prisoners’ Art, Just As It Claims to Own Their Memories of Torture, and I followed it with two cross-posts of powerful and eloquent articles written by Erin Thompson, one of the curators of the exhibition, at the John Jay College of Criminal Justice in New York — here and here.

Last week, in the Washington Post, another witness to the power of creativity and the distressing censorship and control exercised by the US authorities stepped forward with another powerful and eloquent analysis — Mohamedou Ould Slahi, from Mauritania, who was tortured in Jordan, Afghanistan and Guantánamo on the mistaken basis that he was a member of Al-Qaeda, and who, after the torture at Guantánamo “broke” him, was regarded, again mistakenly, as such a useful informant that he was moved from out of the general population of the prison, and allowed to write a memoir, “Guantánamo Diary,” that, ironically, eventually ended up being published and becoming a best-seller. Read the rest of this entry »

Donald Trump’s Racism and Dangerous Lawlessness Revealed in Response to New York Attack; Proposal to Send Sayfullo Saipov to Guantánamo is Shameful

Don't say you weren't warned: the New York Daily News' front page on the day Trump announced his intention to run as a presidential candidate - in June 2015.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.





 

What a nasty racist clown Donald Trump is.

In response to the arrest of Sayfullo Saipov, a permanent US resident of Uzbek origin who is charged with killing eight people in an attack in New York, the Washington Post reported the following:

President Trump said Wednesday that he is considering sending the Uzbek immigrant accused of killing eight people in Tuesday’s terrorist attack in New York to the U.S. military prison at Guantánamo Bay, Cuba, and that the United States must be “much tougher” with its treatment of terror suspects.

Trump also called on Congress to immediately dismantle the State Department’s Diversity Visa Lottery program, through which authorities have said the suspected attacker, Sayfullo Saipov, came to the United States from Uzbekistan.

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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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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