For those of us who care about quaint notions like the rule of law, due process, habeas corpus, the Geneva Conventions, the prohibition on the use of torture, the right to a fair trial, and the right not to be indefinitely imprisoned without charge or trial, the arrival, every year, of January 11 is always a difficult occasion.
January 11, 2002 was when the “war on terror” prison at Guantánamo Bay first opened, when all of the above were jettisoned by the Bush administration in a bonfire of all domestic and international laws and treaties regarding the imprisonment of individuals.
This year marked the 22nd anniversary of the opening of the prison, and yet, alarmingly, all of the violations outlined above are still largely in place, and, just as alarmingly, almost no one in the United States — in the government, the media and the population as a whole — even cares, even though, in the last seven years, just eleven men have been freed from the prison.
The violations of all domestic and international norms regarding the imprisonment of individuals at Guantánamo are so severe that last June, after Fionnuala Ní Aoláin, the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, became the first UN Rapporteur to be allowed to visit the prison, she wrote in a devastating report that the systemic legal and medical problems at Guantánamo, as well as the ongoing dehumanization of the men held, and the restrictions on contact with their families, were so severe that they amount to “ongoing cruel, inhuman, and degrading treatment” that “may also meet the legal threshold for torture.”
30 men are still held at Guantánamo — out of the 779 menand boys held at the prison since it first opened — and yet all are still trapped in circumstances that would be intolerable if they were applied anywhere else in the US justice system, or, indeed, anywhere else in the world.
16 of these men have been unanimously approved for release by high-level US government review processes, and yet they have continued to be held for years since the US authorities first decided that they no longer wanted to hold them indefinitely without charge or trial. In the cases of 13 of these men, they had been held for between 475 and 1,169 days since these decisions were taken, as of January 11, and in the other three cases for an unforgivable 5,102 days.
There is is still no sign of when, if ever, they will be freed, because the decisions taken to release them were purely administrative, and therefore have no legal weight, meaning that there is no one they can appeal to if, as is clearly the case, the executive branch has demonstrably failed to regard the restoration of their freedom as any kind of priority.
Three others remain as “forever prisoners” — neither charged nor approved for release — and, although the remaining eleven have been charged with crimes, they are caught up in the broken military commission trial system, which has proven to be incapable of delivering justice — fundamentally because the men in question were brutally and extensively tortured in CIA “black sites,” and the use of torture is incompatible with any practical implementation of justice.
Last year, in other opinions by the UN Special Mandates, the UN Working Group on Arbitrary Detention issued a devastating opinion in the case of one of the “forever prisoners,” Abu Zubaydah, for whom the CIA’s post-9/11 torture program was first implemented, in which they condemned his ongoing imprisonment as arbitrary detention, ordered his release and compensation, and also expressed “grave concern” that the very basis of the detention system at Guantánamo “may constitute crimes against humanity.”
The Working Group also issued another devastating opinion in the case of one of the men charged, Abd al-Rahim al-Nashiri, also calling for his release and compensation, and quoting a medical expert, Dr. Sondra Crosby, who, after visiting him several years ago, described him as “one of the most severely traumatized individuals I have ever seen.” Al-Nashiri’s trial judge later condemned efforts by the government to erase the effects of his torture via testimony obtained “non-coercively” after his arrival at Guantánamo, and yet, although these stories (and Fionnuala’s report) caused brief ripples of interest in the media, the Biden administration’s response has been one of almost total indifference.
Although few people care about Guantánamo, those who do — and who recognize that last year’s reports have quite definitively portrayed the prison as an active crime scene — have persistently taken upon themselves the weight of everyone else’s abdication of responsibility, campaigning, petitioning and contacting their elected representatives, and persistently highlighting both the legal, moral and ethical abominations of Guantánamo, and its impact of the men held, who they have persistently sought to humanize.
Covid brought those annual visits to an end, but by the time that crisis had passed the interest in Guantánamo had dwindled to such an extent that it didn’t seem worthwhile any longer for me to contribute to the pollution caused by air travel to visit the country that is responsible for Guantánamo, but where the opportunities to use my vast knowledge of the prison, and those held there, to express my indignation and to try and reach out to people has become almost non-existent.
A year ago, after the typical flurry of activity on and around the anniversary of the opening of Guantánamo, I decided to try to amplify the voices of activists on a more regular basis, following up on the monthly vigils that a group of activists, myself included, had recently started holding in London (largely involving activists with various local Amnesty International groups, coming together with other campaigners as the UK Guantánamo Network) by reaching out to friends and colleagues in the US and elsewhere around the world to encourage them to join us in holding monthly coordinated global vigils for Guantánamo’s closure.
With the support of Amnesty International USA and other groups (most noticeably Witness Against Torture and the World Can’t Wait), these have become a regular occurrence, typically involving coordinated protests in Washington, D.C., New York City, San Francisco, Los Angeles, Cobleskill, NY, Detroit and Minneapolis, as well as London, Mexico City, Copenhagen and Brussels, and on January 11 these protests were augmented by other protests in Raleigh, NC, in Greenfield and Northampton, MA, in Boston and in Berkeley.
Please see below for more photos from these vigils, at which campaigners also took photos with the Close Guantánamo campaign’s poster marking 8,036 days of the prison’s existence on January 11, as part of an ongoing campaign that began six years ago, and that involves posters marking every 100 days of Guantánamo’s existence, as well as marking the anniversaries of its opening. We received over 100 photos for January 11, and in December, when we marked 8,000 days, we received170 photos.
I hope that as many people as possible will join us in 2024, as we resume our monthly vigils in February, on Wednesday February 7, continuing on the first Wednesday of every month thereafter, and that you’ll also join us for the ongoing photo campaign, marking 8,100 days of Guantánamo’s existence on March 15, 8,200 days on June 23, 8,300 days on October 1, and, sadly, 8,400 days on January 9, 2025, just two days before the 23rd anniversary of the prison’s opening. Hopefully, by then, the population of Guantánamo will be significantly smaller than it is now.