Five years on from Obama’s promise, justice still a foreign concept at Gitmo

Reprieve’s Polly Rossdale reflects on the ‘progress’ of the executive order to close Guantánamo Bay. 


“They claim to be merciful and respect human rights and the law and justice.” These words were written in disbelief by Samir Mukbel to his lawyers at Reprieve late last year. Samir has been held without trial or charge since 2001 at Guantánamo Bay, Cuba, where a sign bearing the phrase “Honor Bound to Defend Freedom” greets all those who enter.

Samir Mukbel, detained at Guantánamo since 2001

Today marks the fifth year since Barack Obama, with much fanfare, signed an executive order to close the prison. Since then, progress remains lamentable — and justice continues to elude the detainees.

Donald Rumsfeld famously proclaimed that the men taken to Guantánamo were “the worst of the worst”.

We were misled.

Of 779 prisoners known to have been held there to date, 624 have been released. Today, 155 remain, of whom 77 have been cleared for release. That means 90 per cent of all Guantanamo detainees have been either released or cleared for release.

Recently, legislative amendments by the US Congress to the annually-renewed National Defense Authorisation Act (NDAA) have removed obstacles to transferring cleared detainees out of the prison, crucially including the requirement that countries to which detainees can be resettled obtain certification. The cleared detainees could go home tomorrow.

Yet still, we at Reprieve receive a weekly slew of testimony from the men describing their despair at their conditions — and their mental anguish at the thought they may never be released.

Younous Chekkouri, detained since 2001

“I am waiting for the moment to come when I feel human again”, detainee Younous Chekkouri wrote recently to his Reprieve lawyer. Moroccan national Younous, who was captured in 2001, has never been charged with a crime and who is now cleared for release, is terrified of being forcibly returned to his home country — but equally fearful of remaining in Guantánamo with no release date in sight. He writes, “I just want to live in peace in a safe place, with my family”.

Meanwhile, a groundswell of opinion has long been building in the US urging the closure of the facility. Yesterday, 31 of the country’s retired generals and admirals sent a letter to President Obama urging him to make good on his promise. Many who signed the letter stood behind the president when the orders were signed on January 22nd, 2009 — his second day in office.

They’ve also asked him to set the record straight on torture, a policy he has also banned but which we know continues at Guantánamo. In the prison, longtime detainee Shaker Aamer told us recently, you’re not being tortured — “you’re living torture.”

Shaker Aamer, the last British resident at the prison

“Guantánamo does not serve America’s interests”, the generals write. “As long as it remains open, Guantánamo will undermine America’s security and status as a nation where human rights and the rule of law matter.”

Reading their letter, I’m reminded of the words of Emad Hakeemy, the brother of Adel, a Tunisian national held at Guantánamo since 2001. Adel has been cleared for release, but there is no indication of when he might be freed.

Adel Hakeemy, detained since 2001

“President Obama… Let us be over with this Guantánamo nightmare. Just say you’re sorry and send my innocent brother back home. In fact, you don’t even have to say sorry if that’s too much to ask. Just send our brother back.

“That is all we ask.”

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