The Intercept reports: On April 16, the Department of Defense issued a short press release announcing that Mohammed al-Hamiri, a Yemeni citizen held at Guantánamo Bay, had been transferred for release. Hamiri had been incarcerated at Guantánamo since 2002, when he was detained by American forces. First taken into custody at the age of 19, Hamiri spent more than a third of his life at the prison. During that time, he was never charged with any crime.
Writing was one of Hamiri’s greatest comforts during the 13 long years he spent at Guantánamo. Hamiri’s letters and other personal writings were cleared for release earlier this year through the work of lawyers at the Center for Constitutional Rights. The letters reflect an enduring sense of hope, love for family and friends, and a remarkably poetic imagination.
Hamiri’s release this week represents the start of a new chapter in his life, one he has spent years waiting for with both hope and trepidation. His writings from Guantánamo offer a glimpse into what the prospect of freedom meant to him during his long imprisonment. “I do not know why I am writing these words, and I do not know if my letters and my words are going to be read by eyes that know the meaning of justice,” he reflected recently, writing that prison had given him “no voice other than this pen with which to write a painful memory from the pages of my life.” [Continue reading…]
With only nine months to go, in the fashion of modern presidents, Barack Obama is already planning his post-presidential library, museum, and foundation complex. Such institutions only seem to grow more opulent and imperial as the years and administrations pass. Obama’s will reportedly leave the $300 million raised for George W. Bush’s version of the same in the dust. The aim is to create at least an $800 million and possibly billion-dollar institution. With his post-Oval Office future already in view and his presidency nearly history, his “legacy” has clearly been on his mind of late. And when it comes to foreign policy, he definitely has some accomplishments to brag about. The two most obvious are the Iran nuclear deal and the opening to Cuba. In their own ways, both could prove game changers, breaking with venomous relations that lasted, in the case of Iran, for more than three and a half decades, and in the case of Cuba, for more than half a century.
You can already imagine the exhibits celebrating them at the Barack Obama Presidential Center to be built on the south side of Chicago. But it’s hard not to wonder how that institution will handle the three major foreign policy promises the new president made in the distant days of 2008-2009. After all, he was, in part, swept into the presidency on a blunt promise to end George W. Bush’s catastrophic war in Iraq. (“So when I am Commander-in-Chief, I will set a new goal on Day One: I will end this war.”) Nine years later, he’s once again taken this country into the Big Muddy of an Iraq War, either the third or fourth of them in the last five presidencies (depending on whether you count the Reagan administration support for Saddam Hussein’s war with Iran in the 1980s). At this moment, having just dispatched B-52s, the classic Vietnam-era carpet-bombing plane of choice (Ted Cruz must be thrilled!) to Qatar as part of that war effort, and being on a mission-creep path ever deeper into what can only be called the Iraq quagmire, we’re likely to be talking about a future museum exhibit from hell.
But it won’t begin to match the special exhibit that will someday undoubtedly explore the president’s heartfelt promise to work to severely curtail the American and global nuclear arsenals and put the planet on a path to — a word that had never previously hovered anywhere near the Oval Office — nuclear abolition. The president’s disarmament ambitions were, in fact, significantly responsible for his 2009 Nobel Prize, an honor that almost uniquely preceded any accomplishments. Now, the same man is presiding over a planned three-decade, trillion-dollar renovation and modernization of that same arsenal, including the development of an initial generation of “smart” nukes, potentially first-use weapons. It’s certainly been a unique path for our first outright anti-nuclear president to take and deserves a special place of (dis)honor at the future Obama center.
Barring surprising developments in the coming months, however, no exhibit is likely to be more striking or convoluted than the one that will have to be dedicated to the “closing” of Guantánamo, the notorious offshore, Bush-era prison camp. After all, as TomDispatch regular Karen Greenberg, author of Rogue Justice: The Making of the Security State, a striking soon-to-be-published anatomy of post-9/11 national security state mania, points out today, the closing of Guantánamo within a year represented one of the president’s first promises on entering the Oval Office. Unless somehow he succeeds in shutting Gitmo down over fierce Republican congressional opposition in these final months, it could prove the pièce de résistance of his future museum. Tom Engelhardt
Still in the Bush embrace
What really stands in the way of closing Guantánamo
By Karen J. Greenberg
Can you believe it? We’re in the last year of the presidency of the man who, on his first day in the Oval Office, swore that he would close Guantánamo, and yet it and everything it represents remains part of our all-American world. So many years later, you can still read news reports on the ongoing nightmares of that grim prison, ranging from detention without charge to hunger strikes and force feeding. Its name still echoes through the halls of Congress in bitter debate over what should or shouldn’t be done with it. It remains a global symbol of the worst America has to offer.
Reuters reports: In September, U.S. State Department officials invited a foreign delegation to the Guantanamo Bay detention center to persuade the group to take detainee Tariq Ba Odah to their country. If they succeeded, the transfer would mark a small step toward realizing President Barack Obama’s goal of closing the prison before he leaves office.
The foreign officials told the administration they would first need to review Ba Odah’s medical records, according to U.S. officials with knowledge of the episode. The Yemeni has been on a hunger strike for seven years, dropping to 74 pounds from 148, and the foreign officials wanted to make sure they could care for him.
For the next six weeks, Pentagon officials declined to release the records, citing patient privacy concerns, according to the U.S. officials. The delegation, from a country administration officials declined to identify, canceled its visit. After the administration promised to deliver the records, the delegation traveled to Guantanamo and appeared set to take the prisoner off U.S. hands, the officials said. The Pentagon again withheld Ba Odah’s full medical file.
Today, nearly 14 years since he was placed in the prison and five years since he was cleared for release by U.S. military, intelligence and diplomatic officials, Ba Odah remains in Guantanamo. [Continue reading…]
The Guardian reports: Lawyers representing Guantánamo Bay detainees who have been held at the camp in Cuba for up to 14 years without charge or trial have accused President Obama of stalling on his promise to close the military prison.
As the US president enters his final year in office, pressure is mounting on him to stand by his pledge to shut down the detention center by the time he leaves the White House. Numerous defense lawyers working directly with Guantánamo detainees have told the Guardian that they hold Obama and his senior officials personally responsible for the lack of action.
Obama made his vow to close Guantánamo within a year on his second day in the White House in 2009. In recent months, he has stepped up the rhetoric, promising to redouble efforts to close the prison while also heavily criticising the Republican-controlled Congress for blocking moves to transfer prisoners out of the prison to the US mainland. [Continue reading…]
Pardiss Kebriaei writes: I feel like there is a heavy weight on my chest – it’s as if I’m breathing through a needle hole. And then I ask myself, “If I write or say something, is anybody going to listen to me? Is it really going to make any difference?”
Zaher Hamdoun is a 36-year-old Yemeni man who has been detained in Guantánamo without charge since he was 22, one of 116 prisoners still detained there six years after Obama promised to close the facility. After I visited him earlier this summer, he followed up with a letter filled with questions.
Will there be a day when I will live like others live? Like a person who has freedom, dignity, a home, a family, a job, a wife and children?
Hamdoun is not among the 52 men approved for transfer from Guantánamo, nor is he in a dwindling group of detainees the government plans to charge. He is in a nebulous middle category of people the Obama administration has determined it is not going to charge but doesn’t know if it is ever going to release. [Continue reading…]
The Guardian reports: Only three of the 116 men still detained at Guantánamo Bay were apprehended by US forces, a Guardian review of military documents has uncovered.
The foundations of the guilt of the remaining 113, whom US politicians often refer to as the “worst of the worst” terrorists, involves a degree of faith in the Pakistani and Afghan spies, warlords and security services who initially captured 98 of the remaining Guantánamo population.
According to an analysis of long-neglected US military capture information, 68 of the residual Guantánamo detainees were captured by Pakistani security forces or apparent informants. Another 30 were sent to the notorious wartime facility by forces from Afghanistan – mostly warlords and affiliates of early US efforts to topple the Taliban after 9/11. [Continue reading…]
Clive Stafford Smith writes: Recent history demonstrates that if President Barack Obama, arguably the most powerful person on planet Earth, wants to prioritize almost anything – from pardoning 46 convicted drug felons to bombing a foreign country without the consent of Congress – little can stand in his way. Why, then, is Shaker Aamer not home in London with his wife and four children?
Aamer is the last British resident to be detained without trial in Guantánamo Bay and he has never been charged with a single offense. In 2007, he was cleared for release by the Bush Administration; in 2009, six US intelligence agencies unanimously agreed that Shaker should be released. In January 2015, British Prime Minster David Cameron personally raised Shaker’s plight with President Obama, who promised that he would “prioritize” the case.
On Thursday, we came a little closer to understanding the reason that Aamer’s youngest child, Faris – who was born on Valentine’s Day 2002, the day that Aamer was rendered to the detention center at Guantánamo Bay – has never even met his father. The Guardian revealed that “the Pentagon [is] blocking Guantánamo deals to return Shaker Aamer and other cleared detainees.” President Obama, it seems, has personally ordered Aamer’s release, and his subordinates have ignored and thwarted his order. [Continue reading…]
Carter and the White House are increasingly at odds about how to whittle down the number of detainees held in Guantánamo Bay, hampering the administration’s push to close the detention center by the end of its term.
The White House believes that Carter is unwilling to be accountable for the transfer of Guantánamo detainees and their conduct post-release, even to the point of defying the president’s policy on the detention facility, a White House source told The Daily Beast. [Continue reading…]
The New York Times reports: President Obama is enjoying a winning streak lately, with the Supreme Court reaffirming his signature health care law and Iran agreeing to curbs on its nuclear program. But one longstanding goal continues to bedevil him: closing the wartime prison at Guantánamo Bay, Cuba.
The administration’s fitful effort to shut down the prison is collapsing again. Ashton B. Carter, in his first six months as defense secretary, has yet to make a decision on any newly proposed deals to transfer individual detainees. His delay, which echoes a pattern last year by his predecessor, Chuck Hagel, is generating mounting concern in the White House and State Department, officials say.
Last week, Mr. Obama’s national security adviser, Susan E. Rice, convened a cabinet-level “principals committee” meeting on how to close the prison before the president leaves office in 18 months. At that meeting, Mr. Carter was presented with an unsigned National Security Council memo stating that he would have 30 days to make decisions on newly proposed transfers, according to several officials familiar with the internal deliberations. [Continue reading…]
The Washington Post reports: Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said.
The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
Defense attorneys said they have not yet been informed about the photographs and said it is unacceptable that they should come to light now, more than three years after the arraignment of Khalid Sheik Mohammed and four other defendants accused of planning the Sept. 11, 2001, attacks. [Continue reading…]
An editorial in the New York Times says: In 2008, Ali al-Bahlul, a propagandist for Al Qaeda who has been held at Guantánamo Bay, Cuba, since early 2002, was convicted by the military tribunal there and sentenced to life in prison. But officials had no evidence that Mr. Bahlul was involved in any war crimes, so they charged him instead with domestic crimes, including conspiracy and material support of terrorism.
Last Friday, a panel of the federal appeals court in Washington, D.C., reversed Mr. Bahlul’s conspiracy conviction because, it said, the Constitution only permits military tribunals to handle prosecutions of war crimes, like intentionally targeting civilians. (The court previously threw out the other charges on narrower grounds.)
The 2-1 decision, by Circuit Judge Judith Rogers, was a major rebuke to the government’s persistent and misguided reliance on the tribunals, which operate in a legal no man’s land, unconstrained by standard constitutional guarantees and rules of evidence that define the functioning of the nation’s civilian courts. [Continue reading…]
Huffington Post reports: For years, Guantanamo Bay prisoners’ memories of their time in CIA custody have been considered classified state secrets. Abu Zubaydah’s lawyers can’t talk publicly about how he lost his left eye. Lawyers for Mustafa al Hawsawi, who can now only sit on a pillow, can’t tell the press or the public about anal feedings that left him with a rectal prolapse. And until recently, Majid Khan’s lawyers couldn’t bring up the time he was hung from a pole for two days, naked and hooded, while interrogators threw ice water on him.
The government argued that by talking about what had happened to them, the CIA’s former prisoners, who are now detained at the Guantanamo Bay prison facility, would risk revealing classified information about the agency’s torture program.
But as James Connell, a lawyer who represents detainee Ammar al Baluchi, wrote more than three years ago in a motion to declassify the prisoners’ accounts, “A person’s own experiences — whether the smell of a rose or the click of a gun near one’s head — are what make them a person, and the government can never own or control them.”
The notion that a torture survivor’s memories can be classified, Connell wrote, “contravenes the most basic principles of human rights.” He added that detainees “were exposed to classified interrogation techniques only in the sense that Hiroshima was exposed to the classified Manhattan Project.”
Now, the government is starting to change course. A Senate Intelligence Committee report, which began to pull back the curtain on the CIA’s use of torture in secret prisons known as “black sites,” compelled the government to change its rules about keeping former CIA prisoners’ memories secret. Khan became the first to successfully test the new rules by going public with his account of his imprisonment, which included details not previously disclosed in the Senate report. Citing the success of Khan’s team, defense attorneys for other Guantanamo detainees are now cautiously optimistic that they can bring their clients’ memories of their time in CIA black sites to light. [Continue reading…]
Christian Lorentzen reviews Guantánamo Diary by Mohamedou Ould Slahi: In the autumn of 2001 Mohamedou Ould Slahi was working in Nouakchott, the capital of Mauritania, setting up computer networks. He was born in the hinterlands, son of a nomadic camel trader, and had picked up the trade in Germany; he went to the University of Duisberg on a scholarship in 1988, at the age of 17. He’d long been a fan of the German national football team. He was also devout and had memorised the Koran as a teenager. In 1991 he went to Afghanistan to train with the mujahedin and pledged an oath to al-Qaida. He made another trip the next year, but saw little action fighting Muhammad Najibullah’s communist government before it fell. When the fighting disintegrated into factional struggles, he went back to Germany. He tried once to join the war in Bosnia, but couldn’t get through Slovenia. He worked in Duisberg until 1999, when his visa expired and pressure was coming down from the immigration office. He applied for permanent residency in Canada and went to Montreal, where he led prayers at a mosque attended by an Algerian called Ahmed Ressam. On 14 December 1999, Ressam was arrested at the US border with explosives and timing devices in his rented car. This was the Millennium Plot to blow up Los Angeles International Airport, and though Ressam was a stranger to him it was the start of Slahi’s troubles.
In Montreal he believed he was being watched, possibly through a small hole drilled through his bedroom wall from his neighbour’s flat. (He called the police about it and they told him to fill the hole with caulk.) He was questioned by Canadian intelligence, but let go. Still, he was spooked, and in January 2000 he set off to return to Mauritania, via Dakar; on landing he was picked up by Senegalese special forces. He was rendered to Nouakchott, held for weeks, threatened with torture, and interrogated by Mauritanian intelligence and the FBI. Here was the start of the American authorities’ four-year fixation on two words, ‘tea’ and ‘sugar’, picked up on a tapped phone conversation and presumed to be code. They released him to return to his family. On his way out, the director of Mauritanian intelligence told him: ‘Those guys have no evidence whatsoever.’ [Continue reading…]
Listen to more extracts from Mohamedou Ould Slahi’s Guantánamo Diary here.
Ted Conover writes: I first visited the prison camp at Guantánamo Bay in April 2003. The “war on terror” prisoners, most of them captured in Afghanistan, had begun to arrive 15 months earlier. They were first locked up in Camp X-Ray, an outdoor prison that looked like a kennel complex for very large dogs. (The police dogs at Camp X-Ray, in fact, had their own cages—the ones without a funnel in the corner for urine.) By the time I arrived, Camp X-Ray had been replaced by Camp Delta; the wire cages had given way to what looked like a heavy-duty, high-security trailer park. The prison cells at Camp Delta were made of shipping containers, sliced in half the long way so that a corridor could be added down the middle, then re-assembled into a kind of grim double-wide. Windows were cut out and fitted with heavy mesh; bugs could penetrate, but not the ubiquitous banana rats, and at least the prisoners didn’t get soaked when it rained.
The prison population peaked that year at 684. But even as the count began to decline, a feeling of permanence took hold. By 2006, Camps 5 and 6 had been built. These were the real thing, copies of high-security facilities in Indiana and Michigan, with electronically controlled gates, central video monitoring of each cell, one-way glass everywhere, and cramped exercise pens. Camps 5 and 6 are where almost all of the remaining prisoners are now kept.
Throughout modern history, governments have used islands for imprisonment or exile. South Africa had Robben Island. Russia had Sakhalin Island. France had Devil’s Island. Guantánamo’s location does not set it apart—nor does the use of physical torture, or the prevalence of hunger strikes, or the nefarious reputation. What is new about Guantánamo has become clear only recently. Rear Admiral Richard W. Butler, who headed up the prison camp until last July, unwittingly alluded to it during my most recent visit earlier in the year. “Twelve years ago,” he said, gesturing to his desk chair, “none of us thought that anybody would still be sitting here today.”
The Bush Doctrine redefined war as something that might go on forever. It created a permanent state of exception, in which extraordinary means were permitted to pursue terrorists (wherever they may be) and to detain suspects (for any length of time). What this has meant for prisoners at Guantánamo is, on one level, well known: without prospect of trial or tribunal, their sentences are effectively open-ended. On another level, what this has meant has never been fully acknowledged. Many of the Guantánamo prisoners are being held in solitary confinement, a difficult condition under the best of circumstances, and psychologically excruciating when no concluding point is specified. Two centuries ago, America was a pioneer in the use of punitive isolation. Now it is pioneering a refinement: the use of solitary without end. [Continue reading…]