Wednesday, March 01, 2017

LGC Newsletter – February 2017


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.
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.
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.”

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.


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.
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.
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.

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:
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.

Tuesday, February 28, 2017

London Guantánamo Campaign statement on recent British media reports concerning former prisoners

On 21 February, media sources reported that British former Guantánamo prisoner Jamal Al-Harith (born Ronald Fiddler), 50, died in the Iraqi city of Mosul in a suicide bombing in which he had detonated a car bomb. He was alleged to be a member of the militant Islamic State group. British state media reported that it “understands” this to be the case based on a photograph of Mr Al-Harith which has been confirmed by his family. The claim has generated a polemic in the media concerning the out-of-court settlement the government reached with former Guantánamo prisoners in 2010, the alleged radicalisation of former prisoners, and surveillance. 

All such reports and the media furore remain purely speculative. The Foreign and Commonwealth Office has yet to confirm that a British citizen died in Mosul on 19 February or identify them. While former Prime Minister Tony Blair has waded into the storm, there has been no comment by either Foreign Secretary Boris Johnson or the police. The comment offered by the Foreign Office to the media is general advice for all UK citizens: “The UK has advised for some time against all travel to Syria, and against all travel to large parts of Iraq.

"As all UK consular services are suspended in Syria and greatly limited in Iraq, it is extremely difficult to confirm the whereabouts and status of British nationals in these areas."” 

Mr Al-Harith’s death, and even presence in Iraq, is unconfirmed and the LGC shall consider all such news stories to be speculation until official confirmation is provided. 

It is important nonetheless to provide clarification on some of the fiction reported as news:

  •  British nationals and residents formerly held at Guantánamo have returned to ordinary civilian lives and remain under heavy surveillance by the authorities, as released prisoners are elsewhere. None have been tried at Guantánamo or since their release to the UK in relation to their imprisonment at Guantánamo Bay.
  •  Eighty six percent of all Guantánamo prisoners were sold to the US military by the Pakistani and Afghan military, intelligence and warlords. Only one of the remaining 41 prisoners – an Afghan cleared for release – was captured by the US military. Mr Al-Harith ended up in the hands of the US military after being sold by the Northern Alliance. He arrived at Guantánamo in February 2002 and was initially cleared for release by September that year. Further allegations about alleged militant links did not surface until more than one year later in late 2003. He was released months later in 2004.

  • With heavy surveillance of former prisoners it is very unlikely that any wrongdoing would not have been noticed by the police or intelligence services. Since claims that Mr Al-Harith has joined the Islamic State group emerged two years ago, the police have not issued any statements in this regard, nor has the media used the police as a source of information, even though this is the job of the police.

  • Former prisoners reached an out-of-court settlement with the British government in 2010 to prevent a court case that would likely disclose evidence of British state involvement in crimes against humanity committed against British nationals and residents. Compensation would involve an admission of guilt by the government and its breach of its international obligations on human rights. At the time, then “Foreign Secretary William Hague denied the deal was an admission that security agencies colluded in any mistreatment. In response to questions, he said the settlement reflected the desire to "move on" and be able to conduct an inquiry.” The money paid to prevent the prisoners from pursuing claims that would be embarrassing to the government was effectively hush money, once more denying the former prisoners their day in court.
  • Although Tony Blair’s government negotiated the return of all British nationals held at Guantánamo Bay by 2005, it was complicit in them ending up at Guantánamo in the first place and aware of the torture they faced even before they arrived there. It should further be noted that Tony Blair’s government were the architects of a Guantánamo-style regime of indefinite arbitrary detention without charge or trial of foreign nationals at HMP Belmarsh months before Guantánamo Bay opened under the 2001 Anti-Terrorism, Crime and Security Act. This was ruled unlawful by the House of Lords in 2004.
These claims were followed by a news story in The Sunday Times on 26 February (free access to article reprinted here) that claims a second British former Guantánamo prisoner has travelled to Syria to fight with the Islamic State. This report follows a story to this effect by the ultra-right-wing Henry Jackson Society. Only bearing the moniker Abu Mugheera al-Britani, reports of this individual do not match any of the British prisoners held at Guantánamo and after more than two years of reports, his existence has not been confirmed by the police or Foreign Office and no information other than the nickname above has been given.

Furthermore, this individual – who may exist but does not appear to have been held at Guantánamo – has been linked, along with Jamal Al-Harith, to a former Russian prisoner, Airat Vakhitov. Although subject to UN, European and US sanctions since 2016 due to alleged links to militant groups, there is no evidence that Mr Vakhitov has any stage been a fighter anywhere. He is currently facing trial in Turkey: arrested around the same time as the 2016 Istanbul Airport bombing, the media falsely reported he was linked to the attack. He is facing charges of alleged membership of a terrorist organisation and visa irregularities. A Russian dissident who used his journalistic writing to raise awareness of the abuse of minorities and Muslims in the Russian Federation, the Russian government is actively seeking his return to the country.

As a human rights campaign, the LGC maintains that the only legitimate forum to decide on the innocence or guilt of any individual is a court of law. The current media narrative is central to the myth of the “recidivism” of former prisoners. Recidivism involves having offended in the first place. Neither Mr Al-Harith nor Mr Vakhitov, actual Guantánamo prisoners, were charged or tried. In addition, while ignoring the humanitarian civilian catastrophe unfolding in Mosul as Iraqi forces and the Islamic State do battle, such stories help to push for greater involvement by the US and British militaries in Iraq. A similar pattern over the past 15 years, the truth has never mattered where Guantánamo is concerned.

Wednesday, February 01, 2017

The Only Place That Needs a Muslim Ban is Guantánamo Bay

10 years of regular LGC Shut Guantánamo! protests outside the US Embassy: Thursday 2 February: 12-1pm outside the US Embassy London & 1.15-2.15pm outside Speaker's Corner, Hyde Park (opposite Marble Arch)

In February 2007, inspired by the late Brian Haw’s permanent peaceful vigil opposite Parliament against the Iraq War, the LGC started regular protests outside the US Embassy in London to remind the people inside that the whole world had not forgotten about the plight of the prisoners at Guantánamo. First on a weekly basis, from February 2007 to August 2008, and monthly ever since, the LGC has had a regular presence outside the US Embassy come rain or shine, transport strike or snowfall. 
The first protest in February 2007
The LGC did not fail to see the prejudiced and discriminatory nature of the US’ post-9/11 policies: all the men held at Guantánamo are Muslim and non-American. There has been just a handful of prosecutions after 15 years out of the almost 800 prisoners held there. Of the 41 men who remain, none were captured by the US military or in Afghanistan: they were predominantly kidnapped or arrested by foreign intelligence and military forces and sold to the US, as were up to 90% of the Guantánamo prisoners in total.

We have used these regular protests to show solidarity with other prisoners of the war on terror as well – Dr Aafia Siddiqui, Palestinian-American prisoner in Iraq Shawki Ahmed Omar, extradited Britons Babar Ahmad and Talha Ahsan, Chelsea Manning – as well as other US prisoners such as Mumia Abu Jamal and the hunger strikers at maximum security prisons in California in 2013. 

2012, marking our 5th anniversary, the Guantánamo prisoners were not forgotten by us

When Barack Obama failed to close Guantánamo Bay by 2010 and interest in the issue died down, even though over 200 prisoners remained there, the LGC’s regular demos were one of the few reminders anywhere of what was happening at Guantánamo. With similar protests held outside US Embassies by prisoners’ family members in countries like Kuwait, it was an honour to be a part of the small but persistent circle that never gave up. 
2014 protest
On 2 February, we will mark the tenth anniversary of this regular action. Over the past few years, on the first Thursday of each month, the protest has consisted of an hour (12-1pm) outside the US Embassy in Grosvenor Square and an hour (1.15-2.15pm) outside Speaker’s Corner, Hyde Park (opposite Marble Arch), where there are more passers-by and tourists who are receptive and welcoming of our cause. This action is also our first demonstration under the Trump administration, which is continuing the policies of its predecessors at Guantánamo. Please join us

The LGC will also join the Stop The War Coalition’s Stop Trump’s Muslim Ban protest starting at 11am on Saturday 4 February at the US Embassy to march to Downing. If you can help us hand out leaflets to raise awareness or draw attention to this ongoing injustice by three US administrations, please get in touch.