There are many crimes committed in the pursuit of, or as an accessory to, the crimes of US Foreign Policy. I’m not exactly sure where to rank the operation of Guantanamo Bay on that list, but consider these numbers, compiled by the Center for Constitutional Rights: 779 men and boys have been imprisoned at Guantánamo since January 2002. 100% of them are Muslim. Of the 149 who remain there, 78 have been cleared for release for years but are still imprisoned. President Obama’s Task Force has designated 38 men for indefinite detention without charge or trial. The longer the illegal prison remains open, the more accepting of its existence American citizens seem to be, at least according to Gallup poll conducted in the days after the release of Sgt. Bergdahl in exchange for 5 prisoners who were not on that list cleared for release. That poll revealed that 66% of Americans said the U.S. should not “close this prison and move some of the prisoners to U.S. prisons.” That is up from the 53% of Americans who said the same thing in July of 2007. Today, again, according to that latest Gallup poll, just 29% of Americans want the facility closed and the prisoners either released or transported to the U.S.
If you didn’t think that things could get any lower in American politics, then the events of the last week were surely a shocking reminder that no matter how rancorous our discourse, things can always get worse. That’s because a simple prisoner exchange has suddenly, out of nowhere, become a fresh source of outrage for those on the partisan right. If you have been living under a rock and failed to notice it, the right-wing firestorm that erupted over the trading of five Guantanamo Bay prisoners for Army Sgt. Bowe Bergdahl, who had been held captive by the Taliban in Afghanistan for five years, was something completely unexpected. How is it, one can reasonably ask, that recovering Sgt. Bergdahl could have possibly been so controversial? To this, critics of the swap say, look at whom we traded and who we traded them for. If the American right wing is to be believed, the five prisoners released in exchange for Bergdahl were some of the worst-of-the-worst — diehard fanatics dedicated to killing our troops wherever and whenever they could. Bergdahl, on the other hand, is a traitorous deserter who, in leaving, provided the opportunity for a number of his fellow comrades to be ambushed while on a patrol looking for him.
Over the weekend the government of Qatar brokered a dramatic deal between the US and the Taliban to swap five Guantánamo prisoners for Bowe Bergdahl, a US soldier held as a prisoner of war for almost five years. Flexing his political clout, President Obama demonstrated his ability to navigate with ease through the Congressional obstacles in the way of releasing prisoners from Guantánamo. Some House Republicans accused the President of breaking the law to get his way. But the Obama administration made it clear that the President had added a “signing statement” to the bill restricting the transfer of Guantánamo detainees, saying that the restrictions violated his Constitutional prerogative. Called “the hardest of the hardcore” by hawkish Republican Senator John McCain, the Guantánamo prisoners released in the swap have been identified as high-level Taliban operatives. According to Human Rights Watch, one of those released, Mullah Norullah Nori, could be prosecuted for possible war crimes, including mass killings. All of the men were recommended for continued detention because of their “high-risk” status. Qatar has assured the US that the released men will be held and monitored in Qatar for at least a year, but some US officials are highly critical of the move, saying that the men are likely to return to their former positions within the Taliban.
If you want to understand why it’s the case that on the one hand, the US public and the majority of Congress turned against the war in Afghanistan a long time ago, and yet on the other hand, it’s been so hard to end the war, this week’s warmonger media storm against the diplomatic rescue of US prisoner of war Sgt. Bowe Bergdahl has been very instructive. It’s been known for years that a key step toward ending the war would be exchanging five Taliban prisoners of war at Guantanamo for the release of Sgt. Bergdahl. There has never been any serious dispute of the case that this would be a key step toward ending the war. I challenge anyone to find a counter-example to my claim. The political forces that are trashing the deal to rescue Sgt. Bergdahl are the same political forces that got us into the Iraq war. They are the same political forces who want to keep the Afghanistan war going indefinitely. They are the same political forces who want to keep the Guantanamo prison open indefinitely. Again, I challenge anyone to provide a single counterexample of someone in Congress who voted against the Iraq war, or who has been a leader in trying to end the war in Afghanistan, or who has been a leader in trying to close the Guantanamo prison, who is now trashing the diplomatic deal to rescue Sgt. Bergdahl.
The excuse-making on behalf of President Obama has always found its most extreme form when it came time to explain why he failed to fulfill his oft-stated 2008 election promise to close Guantanamo. As I’ve documented many times, even the promise itself was misleading, as it became quickly apparent that Obama — even in the absence of congressional obstruction — did not intend to “close GITMO” at all but rather to re-locate it, maintaining its defining injustice of indefinite detention. But the events of the last three days have obliterated the last remaining excuse. In order to secure the release of American POW Sgt. Bowe Bergdahl, the Obama administration agreed to release from Guantanamo five detainees allegedly affiliated with the Taliban. But as even stalwart Obama defenders such as Jeffery Toobin admit, Obama “clearly broke the law” by releasing those detainees without providing Congress the 30-day notice required by the 2014 defense authorization statute (law professor Jonathan Turley similarly observed that Obama’s lawbreaking here was clear and virtually undebatable).
Shortly after he became President in 2009, Barack Obama promised to close Guantanamo Bay within a year. “The detention facilities at Guantanamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order,” said Obama’s executive order. “If any individuals covered by this order remain in detention at Guantanamo at the time of the closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility.” Five years later, Guantanamo Bay remains open. On Friday in more than 30 cities around the world including Toronto, a global day of action was held calling for the end of indefinite detentions and the closure of Guantanamo.
The U.S. ‘must’ force-feed a hunger striking Guantánamo detainee, according to a U.S. federal judge who late Thursday night lifted a temporary restraining order against performing the process—widely considered a form of torture—on Syrian inmate Abu Wa’el Dhiab. District judge Gladys Kessler said the decision was made because of the “very real probability” that Dhiab, who continues to be held at the detention facility despite having been cleared for release in 2009, might die. While issuing the decision, Kessler slammed the Department of Defense for inflicting what she described as “unnecessary pain” on those being held—both through force-feeding and the practice of “Forcible Cell Extractions,” which Kessler halted in a ruling last week. “The Court is now faced with an anguishing Hobson’s choice,” said Kessler.
Lawyers for the Obama administration have described as “frivolous” attempts to ensure that videos of force-feeding at Guantanamo Bay are not destroyed, in response to a case brought by a detainee over his mistreatment. Legal charity Reprieve, acting on behalf of Abu Wa’el Dhiab – who has been cleared since 2009 but continues to be held without charge or trial – had sought to ensure that videos showing his force-feeding cannot be destroyed by the military. However, the US Government is strongly resisting efforts to secure a court order preserving the videos, which could be crucial evidence for Mr Dhiab’s efforts to stop his force-feeding. Government lawyers did however admit that “there are approximately 140 to 150 FCE videos of [Mr Dhiab] between April 9, 2013 and February 19, 2014 [and] it appears that the vast majority of these videos are of FCEs in connection with enteral feeding or otherwise arguably related to enteral feeding.” An FCE, or ‘Forcible Cell Extraction,’ is the process by which detainees who do not wish to be force-fed are restrained, often violently, and taken to the force-feeding chair.
In a decision welcomed as “a major crack in Guantanamo’s years-long effort to oppress prisoners,” a federal judge on Friday ordered the United States to halt the force-feeding and “Forcible Cell Extractions” of a prisoner at the notorious offshore prison. The order from District Court Judge Gladys Kessler also requires the U.S. to preserve videotapes of the FCEs and force-feedings of the inmate, Abu Wa’el Dhiab. Forcible Cell Extractions or FCEs refer to when a team of guards forcibly remove from his cell a prisoner who refuses to submit to the torturous process of force-feeding. According to Reprieve, a UK-based rights group that represents 15 Guantanamo prisoners, including Dhiab, the 42-year old Syrian was arrested in 2002 in Pakistani, where he and his family were living, and was turned over the the United States. He has spent over a decade languishing at the prison, was never charged and was cleared for release in 2009. He is depressed and wheelchair-bound, the group says.
A prisoner in Guantánamo Bay has revealed to his lawyers the increasingly brutal punishment meted out to detainees peacefully protesting their indefinite detention via hunger strike. Emad Hassan wrote in a letter to his lawyers: “One Yemeni is 80 pounds and he was brought to his feeding by the Forced Cell Extraction (FCE) team, Guantánamo’s official riot police. Yesterday the F.C.E team beat him when they came into and out of his cell. He is 80 pounds with one broken arm. He cannot walk, just crawl from his bed to the faucet or toilet once he needs to use it! How can someone with this condition fight 8 armoured guards?” Emad, himself a Yemeni who has been on hunger strike since 2007 and cleared for release from the prison since 2007, has never been charged with a crime. He said in another letter: “As I write now, [a detainee] is vomiting on the torture chair, having been brought there by the Forced Cell Extraction (FCE) team. The nurse and corpsman have refused to stop the feed, or to slow the acceleration of the liquids.”
Not Another Broken Promise! Not Another Day in Guantanamo! On May 23rd of last year, President Obama again promised to close the detention facility at Guantánamo. His pledge came in response to the mass hunger strike by men protesting their indefinite detention and to the renewed, global condemnation of the prison. One year later, far too little has changed: few detained men have left the prison and hunger strikes and forced feeding continue. Join us in over 25 cities across the US and around the world to urge President Obama and Congress to end indefinite detention and close the detention facility at Guantánamo. So far, demonstrations, fasts, and vigils are planned in Chicago, Raleigh, New York City, Washington D.C., Baltimore, Buffalo, and Boston. Join Witness Against Torture June 27-30, 2014 as we gather together in Washington, DC to commemorate Torture Awareness Month. Our time together will include public witness with members of the Torture Abolition and Survivor Support Coalition (TASSC), community building, and planning for future events.
Not Another Broken Promise! Not Another Day in Guantanamo! On May 23rd of last year, President Obama again promised to close the detention facility at Guantánamo. His pledge came in response to the mass hunger strike by men protesting their indefinite detention and to the renewed, global condemnation of the prison. One year later, far too little has changed: few detained men have left the prison and hunger strikes and forced feeding continue. Join us in Washington DC, New York City, Boston, Chicago, San Francisco, Hawaii, Germany, London, Sydney and in many more communities around the world to urge President Obama and Congress to end indefinite detention and close the detention facility at Guantánamo.
Typically, when a war ends, so does the combatants’ authority to detain the other side’s fighters. But as the conclusion of the US war in Afghanistan approaches, the inmate population of Guantánamo Bay is likely to be an exception – and, for the Obama administration, the latest complication to its attempt to close the infamous wartime detention complex. In December, when President Barack Obama and his Nato allies formally end their combat role in Afghanistan, US officials indicate there is unlikely to be a corresponding release of detainees at Guantánamo who were captured during the country’s longest conflict. The question has been the subject of recent internal debate in the Obama administration, which is wrapped up in the broader question of future detention policy. Already human rights groups and lawyers for the detainees say they anticipate filing a new wave of lawsuits challenging the basis for a wartime detention after the war ends – the next phase in more than a decade of attempts to litigate the end of indefinite detention.
Advocating “No War Criminals On Campus!” and “Shut Down Guantanamo, End U.S. Torture,” activists will demonstrate at the Korea Law Center’s Inaugural Conference, where John Yoo is among a day of speakers including high level Korean government officials and business representatives. As the Guantanamo prison camp remains open into its 13th year – and Obama’s promises to shutter it remain unkept — 154 men remain imprisoned there. Most of them have never been charged with a crime. 76 were cleared for release by the US government years ago, 56 of them Yemeni. Since the prisoner’s hunger strike of over one year ago which thrust Guantanamo back into world headlines, approximately 40 men continue this strike.
The controversy over a Senate investigation documenting the Central Intelligence Agency’s post-9/11 regime of global torture continues to generate headlines—even though the report has yet to be released. The Senate report has sparked a bitter war between the CIA and senators like Dianne Feinstein (D-CA), who accused the CIA of spying on those looking at CIA documents on torture. But while the official inquiry has not been published, dogged journalists have published key—and disturbing—details of what is contained in it. Based on CIA documents, senators on the powerful committee conducted a four-year long, $40 million inquiry into the CIA’s detention and interrogation program, which included torture tactics like the waterboarding of terrorism suspects, beatings and the smashing of suspects’ heads into walls. While the public may be aware of some of these practices due to past revelations, the information carries heavy weight because it is the Senate confirming many of those claims, which has oversight power over the agency.