TEN GUANTÁNAMO PRISONERS arrived in Oman today, a move that leaves fewer than 100 men held in the island prison.
The transfer follows President Obama’s pledge Tuesday night to “keep working to shut down the prison at Guantánamo,” a promise he has highlighted in the past three State of the Union addresses.
The move means that 14 people have left the prison in 2016. On Monday, Mohamed al Rahman al Shumrani was sent to his native Saudi Arabia, almost exactly 14 years after he first arrived in Guantánamo. Last week, one Kuwaiti man was sent home and two Yemeni men were resettled in Ghana.
The names of the men transferred to Oman are Fahed Abdullah Ahmad Ghazi, Samir Naji al-Hasan Muqbil, Adham Mohamed Ali Awad, Mukhtar Yahya Naji al-Warafi, Abu Bakr Ibn Muhammad al-Ahdal, Muhammad Salih Husayn al-Shaykh, Muhammad Said Salim Bin Salman, Said Muhammad Salih Hatim, Umar Said Salim al-Dini, and Fahmi Abdallah Ahmad Ubadi al-Tulaqi. They are all Yemeni.
Of the 93 men left in the prison, 34 have been cleared for transfer, provided the Obama administration can find countries to take them in. Seven are currently facing charges before the military commission — including the five accused of plotting the 9/11 attacks — and three have been convicted and are serving or awaiting their sentences.
The rest of the men are in limbo waiting on Periodic Review Boards, an interagency process that the Obama administration designed to evaluate the status of Guantánamo’s “forever” prisoners. These were men that the government had originally designated too dangerous to release, but could not charge with a crime. The review boards are meant to determine whether the government believes they still pose a threat to the United States.
Many advocates and lawyers for the detainees believe that the late start and slow pace of these reviews has been a major hold-up in the process of moving detainees out of the prison.
“The way to close Guantánamo is to get people off the indefinite list,” said Karen Greenberg, director of the Center on National Security at Fordham Law. “The way to do this is to speed up the Periodic Review Boards. It’s right in front of your eyes.”
The reviews — or PRBs, in Gitmo lingo — were established in 2011. Among other things, the interagency boards consider whether the detainee has a family or other support system, or job possibilities, and the extent to which he has reformed or renounced any extremism — something akin to a parole hearing. Last fall, Abdul Rahman Ahmed, a Yemeni prisoner, submitted a letter to his review board explaining how in his 13 years at Guantánamo, he had learned English, was taking Spanish classes, and had completed courses for his GED; although, he noted, “We are not able to get a certificate.” His testimony included evaluations from his instructors and a painting of a vase of flowers. (He was approved for transfer in November, but remains in Guantánamo.) In the case of another detainee, Mustafa al-Aziz al-Shamiri, the PRB determined that he had been held for 13 years as a result of a mistaken identity. The government has not yet announced if he is approved for transfer.
The first PRB didn’t take place until 2013, two years after the process was established, and to date there have been 25 hearings. The advocacy group Human Rights First has calculated that if the reviews continue at this pace, the hearings would not be finished until late 2019.
“In order to close Gitmo the administration is going to have to drastically increase the pace of these reviews,” said Raha Wala, a senior counsel at Human Rights First.
Jonathan Hafetz, a law professor at Seton Hall University, represents Mohamedou Slahi, a prisoner since 2002 who became a bestselling author last year with his memoir, Guantánamo Diary. Slahi asked a federal court in Washington, D.C., to force the government to give him a PRB hearing. In December, the judge ruled that the court did not have that authority, but last week, Hafetz says Slahi was informed that he was now eligible for a review. A Defense Department official confirmed to Al Jazeera last week that all of the remaining detainees not facing military commissions charges would now be eligible. (The Pentagon did not respond to requests for comment on Wednesday.)
“Whether or not they really intend to give them a PRB promptly is another question,” said Hafetz.
Once prisoners are cleared for release, the problem remains of where to settle them. With yesterday’s transfers, Oman has taken a total of 20 former Guantánamo inmates, none of whom were citizens of Oman. Most of the remaining men are from Yemen, and the Obama administration does not intend to send them back to the chaos of civil war in that country. In the most recent defense-spending bill, as in years past, Congress barred the Obama administration from bringing detainees to the United States (as well as specifically preventing transfers to Yemen, Somalia, Syria, or Libya).
Recent reports have suggested that the Pentagon has intentionally stymied progress on Guantánamo (something Pentagon officials deny). Advocates see that foot-dragging at work behind the slow-moving review boards as well.
The Obama administration also still has to present a plan to Congress for how it intends to actually close the prison and deal with any remaining detainees who cannot be transferred to other countries.
“Time is running out, and Obama has made Gitmo central to his legacy,” said Hafetz. “And while Congress is to blame for much of the current situation, Obama will bear considerable responsibility as well. There’s a disconnect with what the president eloquently says in speeches and what actually goes on, on the ground, in the world of Guantánamo.”
The way to close Guantanamo is to close Guantanamo. Move the remaining men to hospitals, where surely they all belong, and close the damn place, right now. Then, work out the details.
What a barbaric chapter in our history. It’s beneath a people who consider themselves civilized. I love the last sentence chosen for the article, in which professor Hafetz laments a “disconnect with what the president says in speeches, and what actually goes on…in the world of Guantanamo.” Unfortunately, that’s been a lament heard all through Obama’s tenure on any number of issues on which the president has been all talk, and no walk. This disgusting Guantanamo fiasco is no exception.
If we treated them the way they treat us and their other prisoners, there would be no reason for Gitmo – problem solved. No trials. Guilty without need for proof of innocence, rape the women and then chop everyone’s heads off, blow them up, throw them off buildings (especially if they are closet Muslim Gays), burn them alive in cages . Simple.
Well, if we’re willing to accept ISIS style governance, we could just write up a surrender tomorrow and be done with it.
While I support the closure of Guantanamo Bay, and the transfer/release or placing on trials- with proper rights and guarantees – of Gitmo detainees, I am shocked at how poorly and incompetently the US gov’t has handled the transfers to certain countries. After frightening everyone witless for almost 2 decades with apocalyptic cries of the extreme danger that these men pose to the US and its allies, you would have thought that they would think about doing some consultation/ softening of public opinion in the countries that the detainees are released to especially in view of how the general population of the receiving countries would react. They went ahead and sorted out the ‘elite’ and squeezed the dissenters, and then secretly parachuted the detainees into Ghana, and then announce very casually, and quite flippantly, in the NYT that there has been transfers. It is incredible how incompetent and silly they have been, because the issue of transfer of the GITMO detainees, which should have been about compassion and human rights etc has now become a question of the arrogance and imposing way the US treats smaller countries, and about poor governance of such countries. It is cringe worthy to listen to the Americans speak, or even worse when they send out their lackeys in Government to come defend a process which was outright incompetent.
I think that as you fight for the closure/release of those in Gitmo, we should at the very least also consider the very incompetent handling of these transfers by the US and how this makes it impossible for such processes to succeed. For small countries like mine, where the US enjoys a ‘above the law’ and bully status, the incompetent way in which this was handled is leading to some quite worrying xenophobia and unnecessary divisions.
I understand how the Fake USA could be seen as
incompetent, but let me assure you,
they know exactly what they are doing.
All policy is determined by corporate profits.
The profits are invested in being in
(at least) two places at once –
creating disasters and pretending to be trying to
resolve the disasters while constantly reducing the
voices of those who are not immensely rich.
Lies and lies about lies are some of the preferred methods
of reducing the energy of their human resource subjects
into submission to and for corporate profits over all else.
Try to keep your sense of humor as this joke keeps spreading.
How can all these actions still be considered classified? Anyone with half a brain knows what’s happened to these men and now they don’t know what the fuck to do, because to release them would expose war crimes. Crimes we all know happened. I guess it’s the ol’ catch 22, we’re in a pickle and there’s no one to eat the pickle. I truly feel for these men. What I really wonder is whether we’re all guilty too as Americans because we “let” this shit happen. This is reminiscent of what Germany faced after the war. What was the extent of culpability of the German people? Americans could be faced with the same ethical dilemma as to what extent people are guilty of war crimes. These are definitely things not discussed on the nightly news, things best forgotten, except for the lives this government destroyed on the war against terror. Who’s really the terrorists…dilemma time still.
They are frothing at the mouth on Fox. Ya gotta love it!
I love it.
I hope Gitmo is closed by January 21, 2017 and negotiations with Cuba have started to transfer this now useless old naval coaling station back to Cuba.
If they didn’t hate America before they sure hate it now! Kidnapped from your country, tortured, and held without charges. Some are dumped like yesterdays garbage into lands they are alien without any regards to their family. What about their parents or if they were married with kids? Talk about breaking a man’s spirit. I think any man would be pissed off or just plain broken.
Years of imprisonment and abuse without charges. Those inmates should be afforded US citizenship if they wish — they’ve spent long enough in US territory — and millions of dollars in compensation. The US may well consider someone dangerous, but if they have committed no actual crime, THERE IS NO LEGAL OR MORAL BASIS for imprisoning them.
Furthermore, as these prisoners are afforded the rights of neither a civilian criminal suspects nor a prisoners of war, the entire system of detainment is illegal from start to finish; meaning that NONE of them can legitimately be charged with any crime. ALL should be released and compensated immediately.
I don’t think so and the majority of legal scholars does neither.
Detaining enemy combatants is accepted standard practice in war. Obama should have declared an end to hostilities long ago, but he didn’t, which is his prerogative as CiC as long as some small battles still occur. After the end of hostilities, all detainees not prosecuted must be allowed leave, but they have no right to US citizenship or compensation and should be detained by ICE until they have found a country, any country, that takes them. Regardless of the legal status of the system, if the US wants to prosecute a detainee, they have the right to do so, but must provide the prosecuted the standard legal rights of having counsel, of not being tortured, and of not have anything said under previous torture count.
LOL — are they actually eligible for the “path to citizenship”? They’ve been on US territory illegally for much more than five years and haven’t been convicted or even charged with any crime, right??
” The starting point is that everything that Mohamedou says, like anything that any Guantanamo detainee says, is considered classified and has to be cleared by the government,” said Hina Shamsi, the director of the National Security Project at the American Civil Liberties Union, who was involved in the negotiations for the manuscript’s release. ”
https://theintercept.com/2015/01/31/guantanamo-diary-escaped-black-hole-got-past-censors-mostly/
Connecting the dots, it is evident then that the reason the men remain in detention despite not ever being charged with a crime is because, what they may have to say about their own abuse, is classified. Classified not because of any national security value, but because of an inherent criminality.
The following is an except from my own documentation of these crimes:
” For unwitting victims of mind control operations, these illegal and cruel activities that visit horrors upon them are closely guarded, classified secrets, as if torture of innocent Americans were a national asset. This, even as the classification of the crimes is in blatant violation of Section 1.7 of Classification guidelines that tabulate a list of prohibitions to classifiable information. Under this section, (Sec 1.7, Classification Prohibitions and Limitations ) is stated that:
a) In no case shall information be classified, continue to be maintained as classified; or fail to be declassified in order to:
(1) Conceal violations of law, inefficiency, or administrative error;
(2) Prevent embarrassment to a person, organization, or agency;
(3) Restrain competition; or
(4) Prevent or delay the release of information that does not require protection in the interest of the national security.
b) Basic scientific research information not clearly related to the national security shall not be classified…Executive Order 13526- Classified National Security Information. http://www.whitehouse.gov/the-press-office/executive-order-classifi…. This section appears to derive from the original Code of Regulations document, Title 6 –Domestic Security,or 6 CFR 7.21 – CLASSIFICATION OF INFORMATION, LIMITATIONS, http://www.law.cornell.edu/cfr/text/6/7.21 .
But the men will not be silenced. Because their pain is not classified to them. And as they torture me mercilessly as I type this, this very minute, I shall not be silent either.
” These were men that the government had originally designated too dangerous to release, but could not charge with a crime. The review boards are meant to determine whether the government believes they still pose a threat to the United States. ”
A man in detention that cannot be charged with a crime, cannot at the same time be deemed ” too dangerous ” to release.
The ONLY way the sentence above can be true, is ONLY IF, first, the man had committed no crimes BEFORE AND DURING his detention to begin with.
AND IF, second, “events”, too vulgarly criminal and abominably bestial, which affected his physi al body and mind adversely, occurred during his detention in conditions under which he had absolutely no control, and therefore could have only been a PASSIVE OR HELPLESS PARTICIPANT.
Then:
a) The responsible and active parti ipants in those criminal events would have more than enough reason to worry about the exposure and disclosure to the whole world , of the crimes if they were to free the man.
b) Alternatively to freeing the man, the schedule to DESTROY HIS MIND could be accelerated so that his cognitive capacities would be non- existent by the time a decision to free the man is finally made.
The latter is the ultimate objective of a CLASSIC MIND CONTROL TORTURE outcome, the real reason for Guantanamo.
https://www.rt.com/uk/328576-guantanamo-aamer-prison-torture/
Also:
http://freedomfchs.lefora.com/topic/7442322/nanodevices-in-sensory-overload-mind-control-torture
Hey whaddya know – a link to Pat B’s mind control diatribe. We didn’t ask for it and your effort to connect it to this article is utterly contrived, but thanks anyways!
Nano Nate (not to be confused with Nano Device Nate, which is undefined)
The end of gitmo is symbolic of how the end of usa_naziland will come about. Swift & rejoiced by the worlds nations, a prision placed outside of international laws. Just as usa doesn’t sign international laws because its military would be responsible for wholesale war-crimes & crimes against humanity.
The end is nigh for the dollar also’
Obama / Congress, Guantánamo symbolic to justify fake war on terrorism. A handful of uncharged POW’s.
Here’s an idea. Convict those few who are chargeable, then turn over the illegal base to its rightful owners, prisoners and all.
I am sure that the Cubans would be happy to do the work of resetting and rehabilitating the remaining prisoners, and they most definately have the medical staff to treat their injuries, both physical and psychological.
As long as Congress pumps half a billion a year into this gravy train, it will stay open.
Obama’s legacy will be all about how much he did not get accomplished if he does not close Gitmo now! He will be judged harshly by the rest of the world. Close Gitmo NOW!
This whole situation is one idiocy piled on the next, and this is the cherry on top! Deciding whether to let people out of America’s answer to the Bastille … based on whether they can paint a vase of flowers well enough to get a job! Are these people out of their freaking minds? I mean, who, on what side, what cretinous contraption of Croatian cravat and crummy corporate costume is capable of coming up with such a not-a-legal system to code into such laborious bureaucratic practice? I wish ISIS had them all in a cage, and the torch lit! Is it even worth pointing out that when sensible people put their minds to it, as with “risk assessment” to replace bail bondsmen in Kentucky, the prejudicial criteria like family and job and fixed place of residence turn out to have no meaning, whereas prior convictions and failures to appear are very predictive?
Yes, it is all of that and so much more!
In all of these 14? years,
has a single prisoner from Guantanamo been
convicted and sentenced in a real Court of Law?
There is one: Ahmed Ghailani
https://en.wikipedia.org/wiki/Ahmed_Ghailani#Transfer_to_the_USA
Ghailani was the U.S.’s test case so to say, and although the U.S. convicted him (life sentence) on conspiracy to destroy American buildings and properties, he was acquitted on over 200+ other charges. http://www.washingtonpost.com/wp-dyn/content/article/2010/11/17/AR2010111705663.html
Despite the conviction, those acquittals received most the attention and amid the fear-mongering, Congress passed the 2011 NDAA which restricted spending money to transfer any Gitmo detainees to the U.S.
One. That justifies any and all butchery and torture for NSA Nate. What a fucking patriot.
LOL. What are you rambling on about!?
Please have the courtesy to better define the strawman you are constructing. Start with the brand of fine cloth you use.
Coy little American coward and patriot:
Have you ever risked an opinion of your own?
Have you ever risked your life?
Have you ever risked your salary?
Anything at all?
No need to answer the rhetorical questions. The answers are obvious.
Nope, never “risked” anything. Can’t all be digital patriots like you.
I hope they adhered to protocol; last time GAO found the Guantanamo prisoner transfer for Bowe Bergdahl violated laws http://wpo.st/Lrq31