Free the Guantánamo 16: A Message to President Biden as His Time Runs Out
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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.
As the dust settles on last week’s Presidential Election, and the US and the rest of the world wait anxiously to see quite what Donald Trump has planned for the future, one policy decision seems unlikely to offer any surprises.
As in his first term in office, Trump — who is very evidently Islamophobic (as we all ought to recall from his Muslim ban in 2017), and is the head of a debased Republican Party that contains numerous screamingly hysterical enthusiasts for the continued existence of the prison at Guantánamo Bay — will almost certainly seal Guantánamo shut, as he did in his first term, refusing to set any prisoner free unless, by some miracle, they are required to be freed through legal means.
For the 30 men still held at Guantánamo, the situation is remarkably similar to that which faced President Obama eight years ago, as the news sank in that Hillary Clinton would not be taking over from him, and that Donald Trump would soon be inheriting Guantánamo, which he had bullishly promised to “load up with some bad dudes.” In the end, that threat never materialized, as, even in Trump’s inner circle, enough common sense existed to recognize that Guantánamo was an unsalvageable legal mess, and that, for any “bad dudes” that Trump managed to round up, prosecuting them in federal courts would be the only sensible option.
Guantánamo Resettlements in Turmoil as Oman Forcibly Repatriates Yemenis Given New Homes Between 2015 and 2017
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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.
In genuinely dispiriting news, Spencer Ackerman has reported, via his Forever Wars website, that the majority of the 28 former Guantánamo prisoners from Yemen who were resettled in Oman between 2015 and 2017 have been forcibly repatriated to their home country over the last few weeks.
The news is particularly dispiriting because, until now, the Sultanate of Oman had appeared to be one of the most successful countries involved in resettling former Guantánamo prisoners, all unanimously approved for release by high-level US government review processes, but who could not be safely repatriated.
This was either because the State Department regarded it as unsafe for them to be sent home (on the basis of human rights concerns, or concerns about their potential recruitment or targeting by forces hostile to the US), or because provisions inserted by Republicans into the annual National Defense Authorization Act (NDAA) proscribe certain countries, including Yemen, from receiving their citizens (again, for reasons of national security), or, in a few cases, because they were essentially stateless.
Held for 900 Days Since Being Approved for Release from Guantánamo: Sanad Al-Kazimi, a Yemeni Torture Victim
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Today marks 900 days since Sanad al-Kazimi, a 54-year old Yemeni, and a father of four, was unanimously approved for release from Guantánamo by a Periodic Review Board, a high-level US government review process established under President Obama.
This article, telling his story, is the ninth in an ongoing series of ten articles, published since early February, telling the stories of the 16 men (out of 30 still held at Guantánamo in total) who have long been approved for release. The articles are published alternately here and on the Close Guantánamo website, with their publication tied into significant dates in their long ordeal.
While most of the 779 men held at Guantánamo since it opened over 22 years ago were picked up — or bought — in Afghanistan or Pakistan and processed through military prisons in Afghanistan before their arrival at Guantánamo (mostly between December 2001 and November 2003), al-Kazimi was one of around 40 prisoners whose arrival at Guantánamo involved a more circuitous route, through the network of CIA “black sites” established and run in other countries between March 2002 and September 2006, and, in some cases, in proxy prisons in other countries run on behalf of the CIA.
Held for 600 Days Since Being Approved for Release from Guantánamo: Khaled Qassim, a Talented Artist
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Sunday (March 10) marked 600 days since Khaled Qassim (aka Khalid Qasim), a 47-year old Yemeni, was unanimously approved for release from Guantánamo by a Periodic Review Board, a high-level US government review process.
That decision took place on July 19, 2022, but nearly 20 months later Khaled is still awaiting his freedom, a victim, like the 15 other men unanimously approved for release by high-level US government review processes, of an inertia at the very top of the US government — in the White House, and in the offices of Antony Blinken, the Secretary of State.
For the last year and a half, an official in the State Department — former ambassador Tina Kaidanow — has been working on resettling the men approved for release, most of whom, like Khaled, are Yemenis, and cannot be sent home because of a ban on their repatriation, inserted by Republicans into the annual National Defense Authorization Act in the early days of Barack Obama’s presidency, and renewed every year since.
Held for 800 Days Since Being Approved for Release from Guantánamo: Moath Al-Alwi, Zakaria Al-Baidany and Mohammed Abdul Malik Bajabu
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This is the fifth in a new series of ten articles, alternately posted here and on the Close Guantánamo website, telling the stories of the 16 men still held at Guantánamo (out of 30 men in total), who have long been approved for release from the prison by high-level US government review processes, but have no idea of when, if ever, they will actually be freed. The first four articles are here, here, here and here.
Shamefully, these men are still held because the reviews were purely administrative, meaning that no legal mechanism exists to compel the US government to free them, if, as is apparent, senior officials are unwilling to prioritize their release.
To be fair, most of these men cannot be repatriated, because of US laws preventing the return of men from Guantánamo to countries including Yemen, where most of the men are from, but if senior officials — especially President Biden and Antony Blinken — cared enough, these men would already have been freed, and the suspicion, sadly, must be that they are failing to do anything because the they don’t want to upset the handful of Republican lawmakers who are fanatical in their support for Guantánamo’s continued existence, while they seek the GOP’s cooperation in funding military support for Israel and Ukraine.
Held for 5,150 Days Since Being Approved for Release from Guantánamo: Toffiq Al-Bihani and Two “Ghosts,” Ridah Al-Yazidi and Muieen Abd Al-Sattar
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Three weeks ago, I began a new Guantánamo project, telling the stories of the 16 men who have been approved for release from the prison, in an effort to humanize them, to remind the world of their existence, and to highlight the disgracefully long amount of time that they have been held since being approved for release.
I’m alternating publication of the articles here and on the Close Guantánamo website, tying them in to noteworthy dates relating to how long they have been held since the US authorities first decided that they no longer wanted to hold them. The first article focused on the case of Uthman Abd Al-Rahim Muhammad Uthman, a Yemeni who, on February 7, had been held for 1,000 days since being approved for release, and the second focused on Hani Saleh Rashid Abdullah, another Yemeni, who, on February 11, had been held for 1,200 days since being approved for release. For the fourth article, about Abdulsalam Al-Hela and Sharqawi Al-Hajj, see here.
The reason these men have been held for so long without being freed is, sadly, because the decisions taken to release them — via Periodic Review Boards, a parole-type review process established by President Obama in 2013 — were purely administrative, meaning that the US government has no legal obligation to free them, and they cannot, for example, appeal to a judge to order their release if, as has become sadly apparent, the government has failed to prioritize their release.
Guantánamo and the U.S. Courts: When Is A War Not Over? Apparently, When It’s the “War on Terror”
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It’s a sign of the fundamental lawlessness of Guantánamo that, 19 months since the United States decisively brought to an end its nearly 20-year military presence in Afghanistan by withdrawing all its troops, a Guantánamo prisoner — who is not alleged to have been anything more than a foot soldier for the Taliban at the time of the 9/11 attacks and the subsequent U.S.-led invasion of Afghanistan — is fighting in a U.S. court to try to get a judge to recognize that, given the definitive end to the U.S.’s involvement in hostilities in Afghanistan, he must be freed.
The prisoner in question is Khalid Qassim (aka Qasim), a Yemeni who has been held for nearly 21 years without charge or trial at Guantánamo, and is still held, even though, last July, a Periodic Review Board (a parole-type review process introduced by President Obama) approved him for release, recognizing his “low level of training and lack of a leadership role in al Qaida or the Taliban.”
This was an important decision, which finally brought to an end the U.S. government’s insistence that it could continue to hold him not because of anything he was alleged to have done prior to his capture, but because of concerns regarding his lack of compliance during his imprisonment at Guantánamo.
UN Finally Gets to Visit Guantánamo; Also Secures End to Trump-Era Ban on Prisoners Leaving With Their Artwork
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Finally, over 21 years after the prison at Guantánamo Bay opened, a UN Rapporteur has visited the prison, to meet with prisoners as part of what a UN press release described as “a technical visit to the United States” by Fionnuala Ní Aoláin, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
“Between 6 and 14 February,” as the UN explained, Ní Aoláin “will visit Washington D.C. and subsequently the detention facility at the U.S. Naval Station Guantánamo Bay, Cuba,” and, over the next three months, “will also carry out a series of interviews with individuals in the United States and abroad … including victims and families of victims of the 11 September 2001 terrorist attacks and former detainees in countries of resettlement/repatriation.”
Ever since Guantánamo opened, successive UN Rapporteurs for Torture tried to visit the prison, but were rebuffed, either by the hostility of the US government, or through a failure on the part of officials to guarantee that any meetings that took place with prisoners would not be monitored.
Convicted Guantánamo Prisoner Ali Hamza Al-Bahlul Seeks An End to His 14 Years of Solitary Confinement
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Does anyone even remember Ali Hamza al-Bahlul?
14 years ago, on November 3, 2008, the day before Barack Obama won the 2008 presidential election, Ali Hamza al-Bahlul, a 39-year old Yemeni, who had been held in the prison at Guantánamo Bay since he arrived on the first flight into the prison on January 11, 2002, received a life sentence in his military commission trial, for which he had refused to mount a defense, and has been held ever since in solitary confinement.
That ought to be a shocking situation, but uncomfortable truths tend to be swallowed up in Guantánamo, and al-Bahlul’s apparently endless solitary confinement has been largely forgotten.
“A Good Man With A Lot to Offer This World”: Khaled Qassim’s Attorney Urges Periodic Review Board to Approve His Release from Guantánamo
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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.
Two weeks ago, in an article entitled, The U.S.’s Ongoing “Forever Prisoner” Problem at Guantánamo, I discussed the last five men held at Guantánamo as “forever prisoners,” the only men out of the 37 still held who have not been either charged with a crime (eleven of the 37), or approved for release (the remaining 21).
Most of those approved for release had those recommendations made by a Periodic Review Board, a parole-type process established under President Obama, with 16 of those decisions taking place since President Biden took office. The men in question demonstrated to the board members — comprising representatives of the Departments of Defense, Homeland Security, Justice and State, and the offices of the Chairman of the Joint Chiefs of Staff and the Director of National Intelligence — that they were contrite, and had plans for a peaceful life if released, with the board members also concluding that they did not pose a significant security threat.
For a variety of reasons, however, the five “forever prisoners” have been unable to persuade the boards to approve their release, generally through a failure to engage with the review process, and/or because of ongoing concerns about the threat they purportedly still pose.
Who's still at Guantánamo?
