Close it Joe! Join us for our next vigil on 6 Nov in front of the US Embassy at 1pm

Vigils against Guantanamo around the world on the first Wednesday of each month

We will hold our next in front of the US Embassy, the day after the American presidential election. Whoever wins, we want closing Guantanamo at the top of the Biden administration’s agenda during the interregnum.

We will be joined on that day by groups from around the world and if you have a couple of hours to give on this coming 6th of November at 1pm, we would love to have your support as well.

These vigils have a slow, steady effect on our elected leaders. They have helped us open doors and establish official connections. Take a long lunch and come join us!

October’s vigil in front of Parliament and around the world

There were threats of thunderstorms but we had a good turnout in front of Parliament in October. As every month, we were joined by groups protesting outside the White House in Washington, D.C., in London, New York City, San Francisco, Brussels, Cobleskill, NY, Detroit, Minneapolis and Portland, Oregon.

In Strasbourg, at the Council of Europe, a Belgian campaigner successfully persuaded delegates at a meeting to have a photo taken in solidarity with those holding vigils worldwide. 

For more on the worldwide vigil visit the website of Andy Worthington, who has gathered photos of all the actions.

Failures of the International Justice System to Close Guantanamo

Eylul Mitchell

Over 20 years on, the failure of the US Government to close Guantanamo Bay despite decades of international efforts provides a striking example of a western country undermining the rule of law. Since its creation following the horrific attacks of 9’11 in 2001, 779 men and children have been detained in the US Naval base in Guantanamo, all of which are foreign Muslim men. This has led to many referring to it as a discriminatory regime. The unjust treatment of the detainees in Guantanamo has long been known yet the prisons’ continued existence remains a pressing symbol of the abuse of power. With over half of the detainees being cleared for release with no release date set, it is clear international policy continues to fail these men.

What are the conditions? Indefinite detentions, enhanced interrogation techniques and detainees being prevented access to an adequate legal defense are just some of the violations committed via the US Government. Some of the rights not being afforded to the detainees are as follows: – The right to personal liberty and to be free from arbitrary arrest – The right to personal integrity – The right to the prohibition of torture Among more. At the date of this being written, the prison still contains 30 men. The failure of five US administrations to close Guantanamo despite these facts has brought into question the status of the United States as an advocate for Human Rights. This has opened the doors for criticisms from the global community for the US’s violations of and lack of compliance with longstanding international criminal justice systems. Holding the US accountable for its illegal actions is integral in upholding the influence and stature of international policy.

An important step in the right direction: For the first time since its creation in 2002, from February 6 th 2023 to March 6 th 2023, the United States Government allowed United Nations Special Rapporteur on Human Rights and Counter-Terrorism Fionnuala Ní Aoláin access to Guantanamo Bay on a technical visit. Her June 2023 published report following this visit notes not only violations of international law but a duty of the US Government to make reparations to past and present detainees. A significant quote from the report states the following: “The totality of these practices and omissions have cumulative, compounding effects on detainees’ dignity and fundamental rights, and amounts to ongoing cruel, inhuman, and degrading treatment.” She later goes on to conclude that closure of the facility remains top priority.

22 years on, with years of legal efforts, multiple administrations and empty promises, how is this still happening?

The US Military has admitted to the use of interrogation techniques that constitute torture or cruel and degrading treatment under Article 3 of the European Convention of Human Rights. Similar techniques were present in the case of Selmouni v France [2000], in which the courts unanimously decided the conditions suffered by Mr Selmouni at the hands of the French government violate Article 3. This case is significant in reaffirming the court’s opinion that Article 3 represents ‘one of the fundamental values in a democratic society’. Considering this outcome, the very existence of Guantanamo should be seen as fundamentally undemocratic. Alongside its history of abuse towards the detainees, the longevity of Guantanamo Bay brings into question a lack of enforcement measures when it comes to protecting fundamental human rights. The creation and retention of Guantanamo Bay and the conditions it perpetuates violate customary international law, the international covenant on civil and political rights, and the Geneva convention.

It’s important to consider the wider picture when discussing why this occurs. The structure of many international legal systems relies on the voluntary agreement of states to comply. It is difficult for any substantive enforcement measures to occur when the basis of compliance relies on states having the choice to sign on and facing no effective punishments for not adhering. Additionally, despite strong recommendations of closure by many international bodies, the structure of the UN and the US’s position on the security council have allowed any enforcement efforts to be stunted with no consequences afforded to the United States. This uncertainty and lack of efficient enforcement measures have a direct impact on the detainees, leaving them vulnerable and in a place of limbo.

So what can we do?

Fionnuala Ní Aoláin’s visit is a step in the right direction as it has placed the US administration under a higher level of scrutiny on the international stage. Continuing to question unlawful state actions, protesting and pressuring states to take accountability for their injustices should be continued going forward. The Unites States has huge global influence. Ensuring that they cannot get away with the extreme suffering they have caused due to Guantanamo could be significant in furthering future state’s compliance with international law. Moreover, it is extremely important for the development of international legal systems to ensure they are enforceable and that consequences aren’t only afforded to states through reputational damage. In future, Guantanamo Bay should be looked at as a pressing example of the serious consequences of states’ failures to comply with international law and not as a precedent. With the combination of it being an election year and the current climate surrounding human rights violations, it is more important than ever for President Biden to close Guantanamo Bay and pay reparations to the 779 men who have suffered inside its walls and further upon release.

Eylul Mitchell is an LLB Law Student at University of Brighton

Sources:

[1]S. Pearlman, Human Rights Violations at Guantánamo Bay: How the United States Has Avoided Enforcement of International Norms. (2015).
https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=2279&context= sulr (accessed March 23, 2024).

[2]M. Sassoli, The Status of Persons Held in Guantánamo under International Humanitarian Law, SYMPOSIUM ON THE GUANTÁNAMO ENTANGLEMENT. (2004). https://www.ibanet.org/Guant%C3%A1namo-Bay-an-International- Humanitarian-and-Criminal-Law-Perspective#:~:text=Al%20Bahlul%20v.- ,United%20States.,a%20war%20crime:%20Attacking%20Civilians. (accessed March 23, 2024).

[3]IACHR: Towards the closure of Guantanamo, IACHR: Inter-American Commission on Human Rights. (2015). https://www.oas.org/en/iachr/multimedia/guantanamo/guantanamo.html (accessed March 23, 2024).

[4]Guantánamo Bay: An international humanitarian and criminal law perspective, International Bar Association. (2022). https://www.ibanet.org/Guant%C3%A1namo-Bay-an-International-Humanitarian- and-Criminal-Law-Perspective#:~:text=Al%20Bahlul%20v.- ,United%20States.,a%20war%20crime:%20Attacking%20Civilians. (accessed March 23, 2024).

[5]F. Ní Aoláin, Technical Visit to the United States and Guantánamo Detention Facility by the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism. (2023). https://www.documentcloud.org/documents/23862470-2023-06-26-sr-terrorism- technical-visit-us-guantanamo-detention-facility?responsive=1&title=1 (accessed March 23, 2024).

We marked 22 Years of Injustice

Thursday 11th January shamefully marked 22 years since the first detainees were transferred in sub-human conditions to Guantanamo. 30 men still remain in detention. Over half of these men have been cleared for release. Others have been subjected to unfair trials. That makes five presidential administrations, three of them promising to finally close Guantanamo, yet still it sits there making hypocrites of us all.

The UK Guantanamo Network marked the day with a demonstration, marching from Parliament Square to Trafalgar Square and hearing speeches by Apsana Begum MP, journalist and campaigner Andy Worthington, Lise Rossi of Amnesty International and others.

11 Jan 2024: One vigil and Two Online Events

Worldwide Vigil Against Guantanamo

A vigil will take place on Thursday 11th January from 1pm – 3pm outside the US Embassy in London, organised by Andy Worthington.  Andy co-ordinates this event with groups in Brussels, Washington DC, Detroit, Mexico City and elsewhere around the world. You can read more about what is happening in other cities here. Please let Andy know if you can attend this vigil so he knows how many people to expect at: andy@andyworthington.co.uk

Online Events on the 11th

The first is from 1700-1800 GMT hosted by the American political think-tank New America, featuring Fionnuala Ni Aoliain, who wrote the recent UN report on Guantanamo, ex-detainee Mohamedou Ould Slahi, and journalist Andy Worthington.

https://guantnamoattwentytwowhatisthef.splashthat.com/

The second is from 1830-2030 GMT hosted by CAGE, featuring Fionnuala Ni Aoliain, ex-detainees Mansoor Adayfi and Moazaam Begg, and the lawyer Clive Stafford-Smith who has represented a number of the men, plus two additional recently released detainees.

https://www.cage.ngo/events/guantanamo-at-22

Please also join us for these Guantanamo events in London and online.  The All Party Parliamentary Group for the Closure of Guantanamo, which our group has helped get started, will be meeting at Westminster this month.  Ex-detainees who spoke at the last meeting are now addressing politicians in the United States.

Your support is making a difference!

From America’s Guantánamo to Saudi Arabia’s Guillotine

Former detainee Mansoor Adayfi writes about the fate of men freed from Guantanamo only to be brutalised by their new “host” countries.

After spending decades imprisoned without charge or trial, many of the men released from Guantanamo Bay have been sent to countries where they have no rights and are mistreated by the authorities. Countries like Khazakhstan, the UAE, Algeria and especially Saudi Arabia have reimprisoned and tortured them. One man now faces execution for criticising his treatment.

America has failed in its duty of care to these men and the decisions made over their lives by host countries lack all transparency. These stories make clear why our

You can read Mansoor Adayfi’s article here.

Ex-Detainee Masoor Adayfi visits Parliament

Mansoor Adayfi (R) and Yusuf Mingazov (L) in the Pugin Room in the Houses of Parliament on November 15, 2023 (Photo: Andy Worthington).

Former Guantanamo detainee Mansoor Adayfi visited Parliament in November, meeting members of the UK Guantanamo Network and Chris Law, MP, Chair of the APPG to Close Guantanamo.

Mansoor also had an emotional meeting with Yusuf Mingazov, the son of Ravil Mingazov, who spent 14 years in Guantanamo, much of it in the cell next to Mansoor. Ravil Mingazov was released in 2017, yet is now imprisoned in the UAE, without charge, without access to a lawyer or even the International Committee of the Red Cross.

Andy Worthtington was there at the meeting, and has written a detailed account on his website.

Mansoory Adayfi (L) and Chris Law MP, Chair of the APPG to Close Guantanamo

APPG agrees aims and speaks with UN Special Rapporteur about her report on Guantanamo

The All Party Parliamentary Group for the Closure of the Guantanamo Bay Detention Facility met on 23 October 2023 to agree aims and speak with Fionnuala Ní Aoláin, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, whose report in June 2023 demanded “apology, full remedy, reparation, and guarantees of non-repetition to all victims”.

Parliamentarians in attendance included:

Chris Law MP (Chair)
Apsana Begum MP
Baroness Shami Chakrabarti 
Baroness Helena Kennedy KC
John McDonnell MP

The aims agreed by the APPG were as follows:

1) To urge the UK government to use its influence as a key ally of the USA to call on the US government to finally secure the closure of the facility.
2) To urge the UK government to work internationally on the urgent and humane resettlement of detainees unanimously approved for release from Guantanamo by high-level US government review processes.
3) To urge the UK government to use its influence to call on the US government to ensure that the detainees receive adequate care for their long-standing physical and mental health needs, as required under international humanitarian law.

The group also discussed further the case of Ravil Mingazov, the former Guantanamo detainee who has been held since 2017 in prison in the UAE.

Andy Worthington summarised a meeting held at the European Parliament on 28 September on the closure of Guantanamo Bay. That meeting included a live talk by Mansoor Adayfi, former Guantanamo detainee and author.

Judge rules 9/11 defendant unfit for trial after CIA torture made him psychotic

As might have been considered at the time, the American authorities are finding that years of torturing detainees at Guantanamo Bay have made it difficult to convict them of anything – even in a military court.

A US military judge has ruled that Guantanamo Ramzi bin al-Shibh is not competent to stand trial for the charge of organising a cell of 9/11 hijackers in Germany because years of sleep deprivation and physical abuse since then has “rendered him lastingly psychotic”.

alShibh’s lawyers told the court he “went insane as a result of what the agency called enhanced interrogation techniques, that included sleep deprivation, waterboarding and beatings”.

The court agreed, and al-Shibh’s case is essentially frozen until his mental health is restored. How that would happen is also a matter of debate, with President Biden refusing his lawyers’ request that post-trauma care be offered as part of his plea negotiations.

The cases of three other detainees accused of organising the 9/11 attacks are still scheduled to proceed without al-Shibh.

You can read more about this case here:

The New York Times

The Guardian

BBC News