[Pnews] Why is Shaker Aamer still at Gitmo?

Prisoner News ppnews at freedomarchives.org
Tue Nov 25 14:55:09 EST 2014


  Why is Shaker Aamer still at Gitmo?

Cleared for release for more than seven years, Aamer should be freed 
immediately

November 25, 2014 2:00AM ET
by Andy Worthington 
<http://america.aljazeera.com/profiles/w/andy-worthington.html> 
@GuantanamoAndy <http://www.twitter.com/GuantanamoAndy>
*http://america.aljazeera.com/opinions/2014/11/shaker-aamer-guantanamobaydetaineehumanrightsjustice.html*

Imagine being imprisoned, year after year, despite having been told that 
your captors had undertaken a high-level review process and no longer 
wanted to hold you?

At the United States' detention camp at Guantánamo Bay, Shaker Aamer, 
the last British resident in the prison, is facing just that situation. 
More than seven years ago, the George W. Bush administration approved 
Aamer for release from the detention facility. Five years ago, the 
high-level interagency Guantanamo Review Task Force, appointed by 
President Barack Obama when he took office, also approved him 
for release 
<https://www.aclu.org/files/assets/list_of_guantanamo_prisoners_approved_for_transfer.pdf> (PDF) 
and told him he would be freed, along with 125 others 
<http://www.justice.gov/sites/default/files/ag/legacy/2010/06/02/guantanamo-review-final-report.pdf>, 
once the necessary arrangements were made. Thirty others, all Yemenis, 
were told they were being held in "conditional" detention, to be freed 
if concerns about the security situation in Yemen were met.

Since then, 85 of these men have been released --- either to their home 
countries, or elsewhere if their home countries are regarded as unsafe. 
Yet Shaker Aamer and 39 others approved by the task force, plus the 30 
Yemenis in "conditional" detention, are still being held. Three others 
were slated for discharge this year by a new review process, the 
Periodic Review Boards 
<http://www.aljazeera.com/indepth/opinion/2014/05/waiting-progress-guantanamo-2014529112745421603.html>.

The endless detention at Guantánamo Bay without charge or trial has 
attracted international outrage. After all, most prisoners there haven't 
been charged with a crime, nor are they considered soldiers in wartime 
--- a status that would grant them special protections under the Geneva 
Conventions. The George W. Bush administration, in its "war on terror," 
argued that none of these protections applied, but the Supreme Court 
countered that Geneva's ban against cruel and inhumane treatment applied 
to all prisoners.

At Guantánamo men held for nearly 13 years --- for the most part without 
charge or trial --- do not know when, if ever, they will be released. No 
official mechanism exists --- neither a sentence delivered by a judge 
nor the conclusion of a war --- to mark the end of their imprisonment.

Of the 779 prisoners held at Guantánamo since the prison opened on 
January 11, 2002, 626 have been freed, 532 of them under President Bush. 
Those men were released because of diplomatic pressure, or because of 
military review processes established as a cynical affront to a Supreme 
Court ruling, in June 2004, which affirmed that the prisoners had habeas 
corpus rights --- the right to ask an impartial judge on what basis they 
were being held.

The United States has approved Shaker Aamer's release and the United 
Kingdom has been calling for his return since August 2007.

That ruling was overturned by Congress, but it was reinstated by the 
Supreme Court in June 2008, and over the next two years several dozen 
prisoners had their releases ordered by federal court judges 
<http://www.andyworthington.co.uk/guantanamo-habeas-results-the-definitive-list/> 
--- until fearful appeals court judges rewrote the rules, gutting habeas 
corpus of all meaning for the Guantánamo inmates.

Through the habeas decisions and the task force's deliberations, 66 men 
were released by President Obama from his inauguration in January 2009 
until September 2010. After that, Congress imposed restrictions on the 
release of prisoners, requiring the administration to notify Congress 
prior to any planned release, and to certify that it was safe to release 
them.

For the next two and half years, just five men were released, and it 
took a prison-wide hunger strike last year, and widespread criticism of 
the administration's inaction, to prompt President Obama to promise, 
last May, to resume releasing prisoners 
<http://www.whitehouse.gov/the-press-office/2013/05/23/remarks-president-barack-obama>.

Since then, 24 men have been released, including, in the last few days 
<http://www.nytimes.com/2014/11/21/us/politics/us-resettles-guantnamo-bay-prisoners-in-eastern-europe.html>, 
three Yemenis to Georgia, a Yemeni and a Tunisian to Slovakia, and a 
Saudi to his home country 
<http://www.theguardian.com/us-news/2014/nov/22/saudi-detainee-seventh-guantanamo-detainee-released>. 
In addition, a government official told the New York Times that Defense 
Secretary Chuck Hagel has notified Congress that he has approved 11 
other men for release, including six to be resettled in Uruguay 
<http://www.washingtonpost.com/world/national-security/uruguayan-president-agrees-to-take-six-detainees-from-guantanamo/2014/05/15/a1a3fca8-dc53-11e3-8009-71de85b9c527_story.html>.

Why, then, is Shaker Aamer still waiting? The United States has approved 
his release and the United Kingdom has been calling for his return since 
August 2007, under both Labour and Tory governments.

We know that Aamer has been an eloquent defender of prisoners' rights 
from the moment he was handed over to the U.S. by bounty hunters in 
Afghanistan, where he had traveled with his family to provide 
humanitarian aid. We know that he has been a leader in the prison 
<http://www.nytimes.com/2006/09/17/magazine/17guantanamo.html?pagewanted=all>, 
because of his outspoken criticism of conditions at Guantánamo, and has 
tales of torture and abuse to share with the world.

Perhaps this fear of embarrassment is the only thing preventing the 
United States from ending Aamer's 13-year imprisonment and allowing him 
to rejoin his wife and children in Britain. Governments must be forced 
to respect higher standards of justice and transparency than that. They 
must be forced to release Shaker Aamer and the thousands of prisoners 
just like him.

Andy Worthington <http://www.andyworthington.co.uk> has been researching 
and writing about Guantánamo since 2006, and has worked with the United 
Nations, WikiLeaks and Reprieve. He is the director of a new campaign, 
"We Stand with Shaker <http://standwithshakeraamer.tumblr.com/>," author 
of the book "The Guantánamo Files," and co-director of the documentary 
film, "Outside the Law: Stories from Guantánamo."

-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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