Today, June 26, is the UN International Day in Support of Victims of Torture, which was first established 23 years ago, on June 26, 1998, to mark the 11th anniversary of the day that, in 1987, the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into effect.
The long struggle against the use of torture began nearly 40 years before, on December 10, 1948, when, as the UN explains, “the international community condemned torture and other cruel, inhuman or degrading treatment in the Universal Declaration of Human Rights adopted by the United Nations General Assembly.”
Created in response to the horrors of the Second World War, the Universal Declaration of Human Rights represented an aspiration for a better world, which “set out, for the first time, fundamental human rights to be universally protected.” Now translated into over 500 languages, it is “widely recognized”, as the UN also explains, “as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels,” including the Convention Against Torture.
In extraordinary news from Guantánamo, two more “forever prisoners” — the Yemeni tribal leader Abdulsalam al-Hela, 53, and Sharqawi al-Hajj, 47, another Yemeni, and a long-term hunger striker — have been approved for release by Periodic Review Boards, the parole-type system established under President Obama, to add to the three approved for release in May.
Eleven of the 40 men still held have now been approved for release — the five under Biden, one under Trump, the only two of the 38 men approved for release by the PRBs under Obama who didn’t manage to escape the prison before he left office, and three other men, still languishing in Guantánamo despite being approved for release by Obama’s first review process, the Guantánamo Review Task Force, in 2010.
No one who cares about the need for Guantánamo to be closed should be in any doubt about the significance of these decisions.
Both men arrived at Guantánamo from CIA “black sites” in September 2004, and were both regarded as being of significance when the Guantánamo Review Task Force published its report about what President Obama should do with the 240 prisoners he inherited from George W. Bush in January 2010. At that time, as was finally revealed when the Task Force’s “Dispositions” were released in June 2013, Sharqawi al-Hajj was one of 36 men “[r]eferred for prosecution,” while al-Hela was one of 48 others recommended for “[c]ontinued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee’s transfer to a detention facility in the United States.”
Happy summer solstice, everyone, wherever you are. I’m in London, where it’s overcast and drizzly, as it is across much of southern England, but although I’d love to be basking in the sun, I’m also rather enjoying how, today, Mother Nature is dominant in a different way, as a few people scurry about under umbrellas, while everything green and rooted happily soaks up the rain. In addition, although I’m not at all happy about the economic hardship that an extra month of lockdown will mean for businesses that were hoping to reopen today, concerns about the rising numbers of Covid infections are genuine, and part of me is relieved that Boris Johnson didn’t succeed in declaring the summer solstice as ‘Freedom Day’, as he originally intended.
Today, like every summer solstice, I’m also thinking about Stonehenge, the ancient iconic temple in Wiltshire, where, on several occasions in my life, I’ve spent the summer solstice — twice at the Stonehenge Free Festival, in 1983 and 1984, and on five occasions from 2001 to 2005, at the ‘Managed Open Access’ events organised by English Heritage, the body that manages Stonehenge on behalf of the government.
Stonehenge, of course, remains enigmatic about issues of ownership, as it has done for thousands of years. Those who created it aligned its main axis on the summer solstice and the winter solstice, but left no written records to indicate what its purpose was, and over the years the state, archaeologists, neo-pagans, anarchists, festival-goers and curious members of the public have all staked a claim on its significance, and on its central cosmic axis.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
Since Joe Biden became president five months ago, there have been numerous high-profile calls for him to fulfill a promise that President Obama failed to fulfill (when Biden was vice president) and that Donald Trump had no interest in whatsoever; namely, closing the “war on terror” prison at Guantánamo Bay.
A week after President Biden’s inauguration, 111 organizations, including Close Guantánamo, sent a letter to the new president urging him to close the prison, around the same time that seven former prisoners — all authors — wrote an open letter to Biden, urging the prison’s closure, which was published in the New York Review of Books. Other calls for the prison have come from Bill Clinton advisor Anthony Lake and our co-founder, the attorney Tom Wilner, from Lee Wolosky, former Special Envoy for Guantánamo Closure under Barack Obama, and from former CIA analyst Gail Helt.
The most seismic shift, politically, came in April when 24 Senators wrote a letter to the president, not only urging him to close the prison, but also providing details of how that can be achieved — through the appointment of a senior White House official to oversee the closure process, and also though the re-establishment of the Office of the Special Envoy for Guantánamo Closure at the State Department, established by Obama but shut down under Trump, which was responsible for “identifying transfer countries and negotiating transfer agreements.”
Four years ago, when Grenfell Tower, a 24-storey tower block in west London was engulfed in an inferno, leading to the deaths of 72 people, it became apparent that everyone with responsibility for the safety of the block’s residents had failed to fulfil their obligations.
Those with blood on their hands included the Tory government, obsessed with cutting “red tape”, and failing to implement the lessons learned from previous tower block fires, and the local council, Kensington and Chelsea, which, in common with councils across the capital and the country as a whole, have largely neglected the maintenance of their social housing, content to subject it to “managed decline”, despite receiving millions of pounds in rent, in a manner that resembles nothing less than the behaviour of slum landlords.
The process of “managed decline” eventually enables councils to claim that estates need to be demolished, even though they are responsible for their dilapidation in the first place, at which point developers magically appear with proposals to ”regenerate” the estates with a mix of private properties for sale (generally at least half of the new housing), along with other forms of housing described as “social housing” or “affordable housing”, even though, in reality, they tend to be dubious “shared ownership” deals, or rented properties that are much more expensive than those that have been demolished.
An article last week by NBC News — “Biden quietly moves to start closing Guantánamo ahead of 20th anniversary of 9/11” — was widely shared by opponents of the continued existence of the shameful prison at Guantánamo Bay, but frustratingly failed to live up to the promise of its headline.
40 men are still held at Guantánamo, and nine of these men have been approved for release by high-level US government review processes — three in 2010, two in 2016, one in 2020, and three just last month, in decisions taken by the Periodic Review Boards set up under President Obama that show a willingness on the part of the Biden administration to recognize that there is something fundamentally wrong with a system that continues to hold, indefinitely, men who have been held for up to 19 years, and have never been charged with a crime.
The PRBs reviewed the cases of 64 men under Obama, and approved 38 of them for release, but since then the process of reviewing the other 26 men has largely ossified into rigid threat assessments based on the initial decisions taken under Obama. That has finally changed with the recent decisions to approve three men for release, and it is to be hoped that further recommendations for release will be forthcoming in the PRBs, although none of this will mean anything if these men are not actually freed.
There are some days that are so significant that everyone remembers what they were doing. September 11, 2001 is one such day, when planes flew into the Twin Towers in New York, and for those paying attention to the US response to the 9/11 attacks, January 11, 2002 is also significant, when the first prisoners — “detainees,” in the Bush administration’s words — arrived at Guantánamo.
Almost immediately, defense secretary Donald Rumsfeld authorized the release of photos taken by a serving US soldier — photos that showed US soldiers shouting at men who were kneeling on gravel under the burning sun at a US naval base in Cuba, half a world away from the battlefields of Afghanistan, men who were wearing orange jumpsuits, and who had their eyes, ears and mouths covered, creating the vivid impression that they were being subjected to sensory deprivation.
For US viewers, the photos were not necessarily noteworthy. Prisoners on the US mainland often wear orange, and the clearly abusive conditions captured in the photos were part of a depressingly successful narrative that the Bush administration was selling to the American people — that these men were, as Rumsfeld described it, “the worst of the worst,” terrorists so hardened and so bloodthirsty that, as General Richard E. Myers, the chairman of the Joint Chiefs of Staff, described it, they “would chew through a hydraulics cable to bring a C-17 [transport plane] down.”
Dear friends and supporters,
Every three months I ask you, if you can, to make a donation to support my reader-funded work on Guantánamo — telling the stories of the men still held, working to get the prison closed, and remembering key events in its long and shameful history.
I began working full-time on Guantánamo over 15 years ago, initially by spending 14 months researching and writing about the prison’s history, and the men held there, for my book The Guantánamo Files, and, ever since, as a freelance journalist and activist. Since May 2007, I’ve written and published nearly 2,400 articles about Guantánamo, and after initially getting into debt writing the book, and then spending some time chasing around for freelance work, I began asking you, my readers, to support my endeavors on a quarterly basis 12 years ago, in June 2009. As I have no institutional backing, I’m dependant on your generosity to enable me to keep writing about Guantánamo, and to call for the prison’s closure, until it is finally consigned to the history books, where it belongs.
Throughout this period, the prison’s newsworthiness has ebbed and flowed. Sometimes I have received only a fraction of the $2,500 I ask for every three months, while at other times your kindness has exceeded my expectations. All along, however, there have been many dozens of people who have regularly donated to fund my work, and I am immensely grateful to all of you, as well as to the many others who have made one-off donations, however large or small.
I wrote the following article (as “The Ongoing Legal Struggles to Secure Justice for the Guantánamo Prisoners Under President Biden”) for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
In the nineteen unforgivably long years since the “war on terror” prison at Guantánamo Bay was first established, lawyers have worked tirelessly to challenge and overturn the Bush administration’s outrageous contention that everyone who ended up at Guantánamo was an “enemy combatant” with no rights whatsoever, who could be held indefinitely without charge or trial.
There have been victories along the way, but the sad truth is that Guantánamo’s fundamental lawlessness remains intact to this day. Since 2010, only one prisoner has been freed because of the actions of lawyers and the US courts (a Sudanese man whose mental health issues persuaded the Justice Department, in this one instance only, not to challenge his habeas corpus petition), and, as the four years of Donald Trump’s presidency showed, if the president doesn’t want anyone released from Guantánamo, no legal avenue exists to compel him to do otherwise.
The lawyers’ great legal victories for the Guantánamo prisoners came in the Supreme Court in what now seems to be the distant, long-lost past. In June 2004, in Rasul v. Bush, the Supreme Court ruled that the prisoners had habeas corpus rights; in other words, the right to have the evidence against them objectively assessed by a judge. That ruling allowed lawyers into the prison to begin to represent the men held, breaking the veil of secrecy that had allowed abusive conditions to thrive, but Congress then intervened to block the habeas legislation, and it was not until June 2008 that the Supreme Court, revisiting Guantánamo, ruled in Boumediene v. Bush that Congress had acted unconstitutionally, and affirmed that the prisoners had constitutionally guaranteed habeas rights.
36 years ago today, on June 1, 1985, Margaret Thatcher’s para-militarised police force, fresh from suppressing striking miners, turned their attention, via what has become known as the Battle of the Beanfield, to the next “enemy within” — the travellers, environmental activists, festival-goers and anarchists who had been taking to the roads in increasing numbers in response to the devastation of the economy in Thatcher’s early years in office.
The unemployment rate when Thatcher took office, in May 1979, was 5.3%, but it then rose at an alarming rate, reaching 10% in the summer of 1981 and hitting a peak of 11.9% in the spring of 1984. Faced with ever diminishing work opportunities, thousands of people took to the roads in old coaches, vans and even former military vehicles.
Some, inspired by the Women’s Peace Camp at Greenham Common in Berkshire, which was undertaken to resist the establishment of Britain’s first US-controlled cruise missile base, engaged in environmental activism, of which the most prominent example was the Rainbow Village established in 1984 at RAF Molesworth in Cambridgeshire, intended to be Britain’s second cruise missile base, while others found an already established seasonal free festival circuit that ran though the summer months, and whose focal point was the annual free festival at Stonehenge, first established to mark the summer solstice at Britain’s most celebrated ancient monument in 1974, which had been growing ever larger, year on year, drawing in tens of thousands of visitors, myself included, in 1983 and 1984.
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
Email Andy Worthington
Please support Andy Worthington, independent journalist: