LGC Newsletter – November 2021

Guantánamo Bay

After Guantánamo Bay prisoner Majid Khan read out a statement containing details of the torture he faced in CIA torture prisoners during his sentencing hearing at the end of October, members of the jury in the case wrote a letter “urging clemency for Guantanamo Bay detainee Majid Khan, calling his account of torture at so-called CIA black sites a “stain on the moral fiber of America”. The seven officers were part of an eight-member military jury that on Friday [29 October] issued a sentence of 26 years in prison to Khan for his support of al-Qaeda in the wake of the September 11 attacks. Khan had previously pleaded guilty in 2012 to serving as a courier for the group and helping to plan attacks.” The letter, published in The New York Times, stated that his treatment went “well beyond enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to US interests,” the letter said. “Instead, it is a stain on the moral fiber of America; the treatment of Mr Khan in the hands of the US personnel should be a source of shame for the US government.”” Khan is expected to be released next year due to the plea deal which formed the basis of his conviction, which the jury was not told about. It is not known whether this letter will have any influence on the case.

https://www.aljazeera.com/news/2021/11/1/stain-on-moral-fiber-us-military-jury-condemns-detainee-tortur

https://www.justsecurity.org/78933/military-officers-handwritten-clemency-letter-at-guantanamo-what-it-says-about-who-we-are/

 

A 3-week pre-trial hearing was held in the case of five men accused of involvement in the 11 September 2001 attacks in New York City. The case, sitting with a new judge, Colonel Matthew McCall, did not call any witnesses for this hearing and instead focused on procedural matters and the disclosure of evidence to the two parties, especially of classified and secret prosecution evidence relating to the torture of the defendants; hearings were not held on every single day during the 3-week period.

https://www.nytimes.com/2021/11/19/us/politics/guantanamo-torture-fbi-cia.html

https://www.lawdragon.com/news-features/2021-11-08-lawyers-in-9-11-case-seek-evidence-of-psychological-scars-of-cia-interrogators

 

The Pakistani government has announced that 73-year old Saifullah Paracha, the oldest prisoner held at Guantánamo, will soon be repatriated to Pakistan. He was cleared for release earlier this year and is in bad health. The Pakistani government said that it is “coordinating with the US authorities for the repatriation of Paracha and some other Pakistanis from Guantanamo Bay.

“In a written reply to the Senate, the US State Department stated that Washington was in contact with Islamabad and the two countries were completing the necessary formalities for Paracha’s extradition to Pakistan.”

https://tribune.com.pk/story/2330145/oldest-guantanamo-bay-prisoner-to-be-extradited-to-pakistan-soon-says-govt

 

The family of Abdulqadir al Madhfari, one of twelve former Yemenis prisoners released to the UAE in 2016 and repatriated to Yemen in October, reported that he disappeared in mid-November after being detained by Houthi militia members. Suffering from mental health problems since his detention at Guantánamo and then in the UAE, he was effectively released only in October and several weeks later was detained again. His family do not know where he is being held and have been denied access to him.

https://theintercept.com/2021/11/19/guantanamo-detainee-disappeared-yemen/

 

On 25 November, the European Court of Human Rights in Strasbourg found in a case brought by two French former prisoners, Nizar Sassi and Mourad Benchellali, in Sassi  and  Benchellali  v  France, that the French foreign ministry and intelligence services had not breached Article 6 of the European Convention on Human Rights (right to a fair trial), when they visited the men at Guantánamo seeking information for their own investigations in France on three separate occasions, and that the statements given while in detention were not used to bring criminal charges against them in France. Upon their release from Guantánamo in 2004, without charge or trial, the two were tried and convicted of terrorism offences, and subsequently filed a complaint on their release. The Court had previously thrown out their claim under Article 3, prohibition of the use of torture. Considering the visits and questioning an administrative matter, the Court dodged having to deal with the lawfulness under European law of member states questioning their citizens while held in unlawful arbitrary detention abroad.

LGC Newsletter – July 2021

 Guantánamo Bay

The chief prosecutor in the case of five men accused of involvement in the 11 September 2001 attacks on New York City has announced his surprise retirement. Army Brigadier General Mark Martins, who has held the position for over a decade, had previously delayed his retirement and was due to remain in the position until 2023. His retirement makes a trial in the case “appear increasingly unlikely.” A message sent to the families of the victims of the attacks stated that he was stepping down "in the best interests of the ongoing cases." His retirement is effective as of 30 September.

https://www.npr.org/2021/07/10/1014885606/chief-guantanamo-prosecutor-announces-surprise-retirement-before-9-11-trial-star

 

Moroccan prisoner Abdullatif Nasser is the first prisoner to be transferred from Guantánamo by the Biden administration. He was repatriated to Morocco where he was reunited with his family in time for the Eid festival on 20 July. Nasser was cleared for release in July 2016. There are currently 39 prisoners held at Guantánamo, 10 of whom are cleared for release.

https://www.theguardian.com/us-news/2021/jul/19/guantanamo-bay-prisoner-biden-admin-first-transfer

 

Pre-trial hearings have now resumed at Guantánamo Bay following a delay of over 18 months due to the Covid-19 pandemic, with one held in the case of Nashwan Al-Tamir (Abdul Hadi Al-Iraq), on 13-14 July. It consisted mainly of questions put to the new judge in the case and concerning the defendant’s ability to participate in the proceedings. For details of the proceedings, please see:

https://www.lawdragon.com/news-features/2021-07-21-military-commissions-resume-on-guantanamo-amid-biden-closure-plans-and-pandemic-uncertainty

On 27 July, a brief hearing was held in the case of Majid Khan, who has been awaiting sentencing for almost a decade. In this brief hearing, the prosecution and defence also put questions to the new judge concerning his ability to deal with the case but did not object to his appointment.

 

 

UN Special Rapporteurs raised further concerns this month over the safety of men released by the Obama administration to the UAE under a secret agreement. Concerns were raised about the potential forced repatriation to Russia of Ravil Mingazov, who along with 18 Yemenis, has essentially been detained with limited access to family, lawyers and medical care since arriving in the UAE. The Russian authorities informed Mingazov’s family of his potential repatriation. Other Russian prisoners sent home have been subject to further persecution including torture, arbitrary detention and extrajudicial killing.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27255&LangID=E

While the Special Rapporteurs in their statement “welcome[d] the [UAE] Government’s decision not to repatriate these [18] Yemeni nationals” they had raised concerns about in October 2020, it has now been reported, according to their families and the Yemeni government, that 6 of these men were returned to Yemen in late July. After transfer from Guantánamo to the UAE, the men remained in detention. Concerns have been raised about the risk to the men in being returned to an active war zone. The men have yet to be released to their families, but the Yemeni authorities said they will continue to monitor them after release, which is more likely a request of the US than the UAE. The UAE is not the first state to repatriate former prisoners after having accepted them. In 2018, Senegal sent two prisoners back to their native Libya where, upon arrival, they promptly disappeared.

https://apnews.com/article/joe-biden-middle-east-africa-yemen-d77ecfc5cc02de4bd49618765eda0777

 

LGC Activities

The August monthly Shut Guantánamo! protest is on Thursday 5^th August at 12-2pm outside the US Embassy in Nine Elms (Nine Elms Lane, SW11 7US, nearest underground: Vauxhall).  https://www.facebook.com/events/346316563824547/ If you require more details about this event, please email us at london.gtmo [at] gmail.com

LGC Newsletter – December 2018

Guantánamo Bay

Yemeni prisoner, Moath al-Alwi, who was kidnapped in Pakistan in 2001 and has been held at Guantánamo since 2002 has filed a petition in the US Supreme Court seeking a judicial review into the grounds for his ongoing detention without charge or trial. Al-Alwi disputes his classification as an enemy combatant and is currently being held as a “forever prisoner”, indefinitely without charge or trial. Previously, he has brought court cases to challenge the basis of his detention – habeas corpus – after Barack Obama declared the war in Afghanistan over in 2014 and as the nature of the war and the factions being fought there have changed considerably since 2001, however these cases were dismissed and hence his case at the US Supreme Court. He has argued consistently that under the 2001 Authorization for the Use of Military Force Act, authorising detention at Guantánamo, the US government does not have the authority to detain him.

https://www.lawfareblog.com/document-guantanamo-detainee-files-cert-petition

 

Former teenage Canadian prisoner Omar Khadr appeared before a court in Edmonton, Canada, on 13 December, seeking to have his bail conditions changed so that he can have a Canadian passport and travel to Saudi Arabia to perform the Islamic pilgrimage and travel outside of his state without restrictions, as well as be allowed to communicate freely with his sister Zaynab over the telephone or Skype, as she lives outside of Canada. On 21 December, Judge June Ross ruled to maintain his bail conditions as “nothing has changed since the last time Khadr asked for eased bail conditions and there’s no evidence the current restrictions create hardship or are needlessly strict.” The bail conditions which were imposed following his US military court conviction, which he is appealing, were part of the conditions for his return to Canada and for him to serve his sentence in the community rather than in a maximum security prison, as he was held when he was initially returned to Canada. Khadr, who has married, works and is training as a first responder, has integrated well back into civilian life. Under the US sentence he was given in 2010, his sentence should have ended in 2018 and thus he should not be under any restrictions. In spite of Canada’s liberal credentials, its continued enforcement of a sentence obtained through torture evidence before a military tribunal and in secret circumstances that fall far below international standards for a fair trial, demonstrate that in spite of its large payment to Omar Khadr to avoid further embarrassment of its awareness and involvement in his torture and crimes against humanity he suffered, it is prepared to endorse and uphold such treatment of its citizens and defer to the illegal actions of the USA.

The decision to maintain Khadr’s bail conditions may also simply be a political manoeuver aimed at signalling Canada’s intentions and hard line with respect to Canadian nationals currently held as ISIS prisoners in Syria.

https://edmonton.citynews.ca/2018/12/21/omar-khadr-bail-conditions/

Many former prisoners face travel restrictions and the ability to obtain a passport in their countries upon release. Recently, former Mauritanian prisoner Mohamedou Ould Slahi has also criticised his government’s refusal to allow him to have a passport or leave Mauritania.

http://fr.alakhbar.info/14415-0-Mauritanie-Un-ex-detenu-a-Guantanamo-denonce-son-interdiction-de-voyager.html?fbclid=IwAR08ITdwWdKVrh_EcZ20dcDUKzJUlNx7EMXX90rXRTZhjV2XE0aDNirlUqI

 

Although only one prisoner has been released over the past two years of President Trump’s administration, Periodic Reviews of prisoner status have continued. On 11 December, the periodic review of Yemeni prisoner Sanad Ali Yislam Al Kazimi was held. He refused to take part and in short proceedings had his representative read out a statement that said he refused to engage in the process as he has “no chance under the current political climate.” He has never been charged or tried. Five men cleared for release by the board under the previous administration remain at Guantánamo with no prospect of release.

https://www.humanrightsfirst.org/blog/alleged-bin-laden-bodyguard-boycotts-periodic-review-board-process

 

LGC Activities:

The LGC held its monthly Shut Guantánamo! demos outside the US Embassy in Nine Elms on Monday 10 December. The change in date was to reflect that 10 December is Human Rights Days and this year also marked 70 years of the Universal Declaration of Human Rights, entrenching modern human rights. Articles 5 and 9 ban torture and arbitrary detention.

Our first demonstration of 2019 will be at 12-2pm on Thursday 3 January outside the US Embassy, 33 Nine Elms Lane, SW11 7US. Further details here: https://www.facebook.com/events/509161859605292/

Please note that for the first time since 2008 the London Guantánamo Campaign is not organising a specific event to mark the anniversary of Guantánamo Bay opening on 11 January. Events are being organised by the Guantanamo Justice Campaign and Cage. Please refer to these organisations for details.

LGC Newsletter – February 2017

NEWS:

Guantánamo Bay:

The first periodic review board hearing under President Trump was held on 9 February with a hearing for Yemeni prisoner Omar Mohammed Ali Al-Rammah. The procedure was conducted in the same manner as it was under President Obama. Al-Rammah has been held at Guantánamo since 2003 and is alleged to have fought in Bosnia and Chechnya; he was kidnapped in Georgia in 2001 and handed over to the US military. His lawyer claims he had low-level involvement in militancy and was not involved in combat against the US.

http://courthousenews.com/guantanamo-parole-board-reconvenes-under-trump/

A second review was held on 28 February for Yemeni Sharqawi Al Hajj who was held in secret prisons and tortured for two years before being taken to Guantánamo. https://ccrjustice.org/home/press-center/press-releases/new-release-hearing-held-cia-tortured-gitmo-forever-prisoner

At the same time, three prisoners who had their review board hearings under Obama had their pleas for release rejected: Yemenis Moath Hamza Ahmed Al-Alwi, Said Salih Said Nashir and Uthman Abd al-Rahim Muhammad Uthman.

It is unknown whether five prisoners who have been cleared for release by the board will be released at any time soon or if the two prisoners heard this month will be released if their reviews are successful.

More than one month after becoming President, in spite of various comments made about Guantánamo, the facility is still running as it was under Barack Obama and there is no prospective date for the issue of Trump’s order on the future of Guantánamo and its prisoners.

The Trump administration has handed over a copy of the 2014 Senate Intelligence Committee report into CIA torture to a federal court following an order in cases brought by current Guantánamo prisoners. The Obama administration had previously refused to comply with the order.

A lawyer of one of the litigants, Abd Al-Nashiri, stated that it is “a big deal because we know that at least one copy will be preserved for future litigation.”

http://www.unionleader.com/apps/pbcs.dll/article?AID=/20170212/NEWS06/170219830/-1/mobile&template=mobileart

Germany’s new president Frank-Walter Steinmeier has entered his new post with controversy over his failure in 2002, as the politician responsible, to press for the release of Murat Kurnaz from Guantánamo even though the German and US authorities both knew he was an innocent man and Germany knew he had been tortured. Instead, the government initiated measures to prevent Kurnaz from returning to the country. Kurnaz did not return to Germany until 2006 and Steinmeier has never apologised for his role.

https://www.jacobinmag.com/2017/02/guantanamo-bay-germany-murat-kurnaz-steinmeier/

 

Extraordinary rendition:
Portugal jailed former CIA agent Sabrina de Sousa on 20 February pending extradition to Italy to serve a 4-year sentence for the 2003 kidnap and rendition to torture in Egypt of Milan imam Abu Omar. She is one of 26 CIA agents convicted in Italy in relation to the case, the only successful criminal case brought against renditions anywhere in the world.

http://www.cbsnews.com/news/sabrina-de-sousa-cia-kidnapping-osama-moustafa-hassan-milan-rendition-portugal/  

On 28 February, Italy granted her clemency and reduced her sentence to 3 years. This means she can now consider alternative penalties to imprisonment. It is not clear if she has been released in Portugal.

http://www.bbc.co.uk/news/world-europe-39123646

De Sousa, 61, has fought extradition for two years and the victim Abu Omar himself has asked for her not to be extradited or to serve her sentence. He has never received an apology for official acknowledgement of his ordeal.

In a case brought by the American Civil Liberties Union (ACLU) against two CIA-contracted psychologists James Mitchell and Bruce Jessen, considered to be the architects of the rendition torture programme, the Trump administration has said that it will act like its predecessor by invoking the state secrets privilege to prevent two CIA witnesses from testifying in the case. One of the witnesses, Gina Haspel, was briefly involved in running a secret prison in Thailand where Abd Al-Nashiri and Abu Zubaydah were waterboarded. The government has until 8 March to file a declaration invoking the privilege. A hearing is scheduled in the case for June.

https://shadowproof.com/2017/02/22/trump-administration-moves-invoke-state-secrets-case-psychologists-behind-cia-torture-program/

Gina Haspel is also the new CIA deputy director https://www.theguardian.com/us-news/2017/feb/03/cia-deputy-director-gina-haspel-linked-torture-thailand-black-site

LGC Activities:

The LGC’s February Shut Guantánamo! demo marked 10 years of this regular protest outside the US Embassy. With 41 prisoners remaining at Guantánamo, the LGC remains committed to fighting for justice. The March demo is on 2 March at 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park: https://www.facebook.com/events/181069765719469/

 

The LGC joined the Stop The War Coalition’s 4 February Stop Trump’s Muslim Ban demo and march to highlight the fact that there has been a travel ban on Muslims at Guantánamo for over 15 years preventing the prisoners from leaving and if there is any place that needs a Muslim ban, it is Guantánamo Bay.

LGC Newsletter – March 2016

NEWS:

Guantánamo Bay:

Former Guantánamo military commander, retired US General Geoffrey Miller, failed to appear at a court hearing in Paris on 1 March, after he was summoned in February to answer questions about the torture and arbitrary detention of three French nationals at Guantánamo Bay, where they were held from 2002 to 2005. The summons and hearing followed investigations that showed there are potential charges to answer related to the abuse and torture of these men. Lawyers from the US NGO Center for Constitutional Rights (CCR) and the Berlin-based European Center for Constitutional and Human Rights are now seeking a warrant for his arrest to compel him to appear. They issued a joint statement after his no-show, which says: “Miller’s absence speaks volumes about the Obama administration’s continued unwillingness to confront America’s torture legacy. The administration not only refuses to investigate U.S. officials like Miller for torture, it apparently remains unwilling to cooperate with international torture investigations like the one in France. Geoffrey Miller has much to answer for regarding the treatment of detainees during his tenure.”

https://ccrjustice.org/home/press-center/press-releases/former-guant-namo-chief-being-investigated-torture-no-show-french

 

The Obama administration is pressing ahead with its 4-point plan unveiled in February with respect to Guantánamo.

At the end of March, Pentagon officials stated that it plans to transfer around one dozen Guantánamo prisoners who have been cleared for release in April to two countries that have agreed to take them. This includes Yemeni hunger striker Tariq Ba Odah who, as a result of his long-term hunger strike, weighs less than 40kg. 37 prisoners are currently cleared for release.

http://www.reuters.com/article/us-usa-guantanamo-idUSKCN0WX01Q

Germany has said that it may consider taking some prisoners if asked by the US. It has already taken in two prisoners – a stateless Palestinian and a Syrian – in 2010 in addition to one German national.

In addition, a number of prisoners whose status has not been resolved have had dates set for them to appear before the administrative periodic review board, which decides whether prisoners can be cleared for released or must remain at Guantánamo. This procedure was introduced in 2011 and was supposed to have been completed for all prisoners whose status had not been resolved by the end of that year. Among those who will be brought before the review board is Mauritanian prisoner Mohamedou Ould Slahi who will have a review in June. As well as the author of the best-selling Guantánamo Diary, in 2015 he lost a court case to force the US military to give him a review of his status. According to lawyers from the American Civil Liberties Union (ACLU), “More than anything, Mohamedou wants to show the board that he poses no threat to the United States and should be allowed to return home to his family where he belongs.” The ACLU also states that “Slahi was one of two so-called “Special Projects” whose treatment then Secretary of Defense Donald Rumsfeld personally approved. The abuse included beatings, extreme isolation, sleep deprivation, sexual molestation, frigid rooms, shackling in stress positions, death threats against him, and threats against his mother.”

https://www.aclu.org/news/imprisoned-author-guantanamo-granted-review-hearing

Three prisoners had hearings before the prisoner review board in March to consider their status and whether or not they can be cleared for release.

On 1 March, Yemeni Suhayl Abdul Anam al Sharab had his review. His lawyer submitted a statement of his behalf stating he wishes to be reunited with his family and get on with his own life:

http://www.prs.mil/Portals/60/Documents/ISN569/160301_U_ISN569_OPENING_STATEMENTS_OF_DETAINEES_REPRESENTATIVES_PUBLIC.pdf

On 8 March, 68-year old Saifullah Paracha, the oldest detainee at Guantánamo had his status reviewed. A businessman, Paracha was kidnapped in Bangkok in 2003 while on a business trip and is alleged to have links to Al Qaeda. His lawyers are fairly confident that he will be released given his age and his worsening health, which rule him out as a threat to the US. http://www.dawn.com/news/1244538/gitmo-detainee-saifullah-paracha-gets-first-parole-hearing

Yemeni Sharqawi Abdu Ali Al Hajj also had his review hearing in March. The US has alleged that he has links to Al Qaeda and other terrorist organisations.

http://www.humanrightsfirst.org/blog/alleged-al-qaeda-facilitator-gets-his-prb-hearing

Over the past 14 years, none of these men have faced charges in spite of the allegations made against them, which have not been substantiated.

In addition, the review board rendered three decisions with respect to earlier hearings. It decided to continue the detention of Yemenis Yassim Qasim Mohammed Ismail Qasim http://www.prs.mil/Portals/60/Documents/ISN522/160303_U_ISN522_FINAL_DETERMINATION_PUBLIC.pdf  and Mohammed Al-Ansi

http://www.prs.mil/Portals/60/Documents/ISN029/160323_U_ISN029_FINAL_DETERMINATION_PUBLIC.pdf. The two men’s cases will be eligible for further review in 6 months’ time. The board cleared Yemeni Ayub Murshid Ali Salih

http://www.prs.mil/Portals/60/Documents/ISN836/160323_U_ISN836_FINAL_DETERMINATION_PUBLIC.pdf

The Indonesian government has stated that it does not want Riduan Isamuddin, a.k.a. Hambali, an Indonesian national held at Guantánamo, back if the prison closes. Hambali was rendered in Thailand in 2003 and “disappeared” into secret CIA prisons before being taken to Guantánamo in 2006 as a high-value prisoner. Alleged to have links to the 9/11 hijackers and the mastermind behind the 2002 bombing in Bali, and described by former Australian prime minister John Howard as “almost certainly the ultimate mastermind” of the latter attack in 2003, he has never faced any charges at Guantánamo. He was named in the 2014 Senate report into CIA torture.

http://www.theguardian.com/us-news/2014/dec/10/us-senate-rejects-cia-claims-torture-key-capture-bali-bombings-suspect

Although the Indonesian government alleges that his release to the country would give a boost to domestic terrorist organisations, it may also wish to avoid questions about its role in the rendition and torture of its own citizens.

One month after Barack Obama unveiled his 4-point plan on the future of Guantánamo Bay the issue was discussed for the first time with the House Foreign Affairs Committee in Washington by Paul M. Lewis, the US Department of Defense’s special envoy for Guantánamo closure, and Lee Wolosky, the State Department’s special envoy for Guantánamo closure. They stated that closing Guantánamo was a matter of national security. Lewis said that Obama’s 4-point plan will ““continue to transfer [detainees], accelerate the [Periodic Review Board] process, look for individual dispositions and, most importantly, work with Congress to find a location to transfer everybody from Guantanamo safely and securely.”

http://www.defense.gov/News-Article-View/Article/702963/pentagon-envoy-says-closing-guantanamo-is-national-security-issue

A two-week pre-trial hearing in the case of five men accused of involvement in 9/11 attacks in New York in 2001 due to start on 4 April was abruptly cancelled by the military judge just days before after receiving a secret filing in the case from the Defense department which may impact the hearing. There have been no hearings for the past two months due to cancellations. This case is due to be heard next in early June, although two other military tribunal cases are scheduled for hearing in May.

http://www.nytimes.com/2016/04/02/us/politics/judge-cancels-pretrial-hearing-at-guantanamo-in-sept-11-case.html?_r=0

LGC Activities:

The March Shut Guantánamo demonstration was on Thursday 3 March and was exceptionally held in the evening to protest Barack Obama’s 4-point plan on the future of Guantánamo which does not include an end to indefinite arbitrary detention. The April demonstration is on 7 April at the usual time of 12-1pm outside the US Embassy and 1.15-2.15pm outside Speaker’s Corner, Hyde Park, opposite Marble Arch https://www.facebook.com/events/1099833546704485/

 

The LGC (@shutguantanamo) is continuing to hold weekly #GitmObama Twitter storms to raise awareness about Guantánamo prisoners every Monday at 9pm GMT. The pastebin is available http://pastebin.com/zpx5F7ab which is updated weekly with the latest information and tweets to raise awareness about Guantánamo. Please join us online if you can!