With Donald Trump promising, in a draft executive order leaked to the New York Times, to keep Guantánamo open, to stop all releases until after a new review process has reported back to him, and to reintroduce torture and “black sites,” the last few days of the Obama administration now seem like ancient history, but it was just last Thursday — Obama’s last day in office — that the last four prisoners on his watch were released from Guantánamo, and sent to the United Arab Emirates and Saudi Arabia.
The releases unfortunately leave five men approved for release still held at the prison, along with ten men facing (or having faced) trials, and 26 others eligible for ongoing Periodic Review Boards, unless Donald Trump scraps them. Three of the five approved for release had those decisions taken back in 2009, while the other two were approved for release last year, but it is worrying for all of them that Donald Trump has no interest in the fact that the decisions about them were taken unanimously by high-level US government review processes.
The fact that these five men approved for release are still held — and that 41 men in total are still at the prison — is a profound disappointment, to put it mildly, and Trump’s bellicose attitude already makes it apparent that President Obama’s failure to fulfill his promise to close Guantánamo once and for all cannot be considered an abstract failure, as it plays directly into Donald Trump’s hands. Had Obama prioritized closing Guantánamo much earlier in his presidency, and taken on Congress with the required forcefulness, it would have been closed, and Donald Trump would, I believe, have faced an impossible uphill struggle to reopen it.
So who are the four men who managed to escape from Guantánamo before Trump shut the prison door? Read the rest of this entry »
Attentive Guantánamo-watchers will recall that, in September, the first round of Periodic Review Boards was completed at Guantánamo, for prisoners assessed as being “too dangerous to release,” or as eligible for prosecution by the high-level, inter-agency Guantánamo Review Task Force that President Obama set up shortly after taking office for the first time in January 2009. For full details, see my definitive Periodic Review Board list on the Close Guantánamo website.
On both fronts, the decisions taken about these men back in 2009 were dubious. For those deemed “too dangerous to release,” the task force acknowledged that insufficient evidence existed to put them on trial, rather undermining the credibility of their assessment, because, if information cannot be produced at a trial, it is fundamentally unreliable and does not rise to the level of evidence — and with Guantánamo, of course, torture and abuse run through everything, distorting all manner of claims regarding the credibility of the US authorities’ information about the prisoners.
41 men put forward for the PRBs were regarded as “too dangerous to release,” while 23 others had been recommended for prosecution, until the basis for prosecutions at Guantánamo — in the much-criticized military commission system, dragged unwisely from the history books after 9/11 — largely collapsed as a result of a number of appeals court rulings, which overturned some of the few convictions secured in the commissions, on the basis that the war crimes for which the men in question had been convicted were not internationally recognized, and had, in fact, been invented by Congress. 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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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