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The move came as the Biden administration faced pressure to clear the notorious military prison of all uncharged detainees before Donald Trump takes office.
The Biden administration announced late Monday that it transferred a Tunisian man who was never charged with a crime out of the notorious Guantánamo Bay military prison in Cuba, a move that came more than a decade after the detainee was approved for release.
The man, 59-year-old Ridah bin Saleh al-Yazidi, had been held at Guantánamo since the day former U.S. President George W. Bush opened the prison camp in 2002. The Pentagon said in a statement Monday that al-Yazidi has been repatriated to the government of Tunisia.
With al-Yazidi's transfer, there are now 26 detainees remaining at Guantánamo, the majority of whom have never been charged with a crime and have been approved for release from the prison, which United Nations experts have said is "defined by the systematic use of torture and other cruel, inhuman, or degrading treatment." More detainees have died at Guantánamo than have been convicted of a crime, according to the human rights group Reprieve.
The Biden administration said in 2021 that it intended to shutter the prison, and critics have accused the administration of "a lack of courage" as it has dragged its feet on the matter.
But human rights campaigners have welcomed recent progress. Al-Yazidi was the fourth Guantánamo detainee in two weeks to be transferred from the prison by the Biden administration, which has faced growing pressure to clear the camp of the remaining uncharged men before U.S. President-elect Donald Trump takes power next month.
"Fifteen men remain who have never been charged with any crimes and have long been cleared by U.S. security agencies to leave Guantánamo, some for more than a decade," Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, said in a statement earlier this month after the Biden administration announced the transfer of three never-charged men out of the prison camp.
"President Biden must transfer these men before he leaves office, or he will continue to bear responsibility for the abhorrent practice of indefinite detention without charge or trial by the U.S. government," said Eviatar. "It has been 23 years; President Biden can, and must, put an end to this now."
The transfer was announced on the same day that a Pentagon appeals panel "upheld a military judge's finding that the plea deals in the September 11 case are valid, clearing the way at least for now for a guilty plea hearing next week with the accused mastermind of the attack, Khalid Shaikh Mohammed," The New York Timesreported Monday. Mohammed is among the Guantánamo detainees who have been charged with a crime by a military commission.
"Col. Matthew N. McCall, the judge in the case, had ruled that Defense Secretary Lloyd J. Austin III acted too late and beyond the scope of his authority when he rescinded the three deals on August 2, two days after a senior Pentagon appointee had signed them," the Times reported. "Under the pretrial agreements, or PTAs, Mr. Mohammed and two co-defendants agreed to plead guilty to war crimes charges in exchange for life prison sentences rather than face a death-penalty trial."
We cannot afford to turn a blind eye to his plight or the plight of countless others who have been wrongfully detained and subjected to abuse.
On May 11, Saeed Bakhouche, a survivor of Guantánamo Bay, was abruptly sentenced to three years in prison and fined $2,000, taken immediately to jail from the courtroom.
An anonymous source said: "We were all stunned by the court's decision. Here's a man who spent over 21 years in Guantánamo, barely had eight months of freedom, homeless and unable to feed himself, and yet the court sends him to what is essentially another Guantánamo, if not worse."
The sentence came only two days after the United Nations experts warned that Bakhouche, 57 years old, would face terrorism charges in Algeria, not receive a fair trial, and risked renewed arbitrary detention.
From Guantánamo to Algeria, the road to justice has been littered with obstacles, with individuals like Bakhouche caught in the crossfire of geopolitical maneuvering and security theater.
The courtroom drama marked yet another chapter in the harrowing saga of Bakhouche, a man whose life has been entangled in the complex web of post-9/11 counterterrorism measures. As the gavel struck, sentencing him to three years behind bars, it was a stark reminder of the injustices that continue to plague him even after his release from Guantánamo Bay.
Bakhouche's journey from the confines of Guantánamo to the courtroom in Algeria has been marred by a litany of human rights violations, a fact that has not gone unnoticed by international observers. The recent warning issued by U.N. experts underscores the gravity of the situation, highlighting the inherent flaws in the legal proceedings against him.
In April 2022, Bakhouche was cleared for release from the notorious prison in U.S. Naval Station Guantánamo Bay after enduring over two decades of arbitrary detention and torture. His transfer to Algeria in April 2023 was accompanied by assurances of humane treatment, yet the reality has been anything but humane.
The decision to return him to his home country came with assurances from the U.S. State Department regarding his treatment upon arrival. Bakhouch's lawyer, H. Candace Gorman, was led to believe that her client would be treated humanely, with access to legal representation and support to reintegrate into society.
However, upon his arrival in Algeria, he was quickly thrown into a bewildering ordeal of imprisonment, intense interrogations, and legal limbo, resembling a nightmarish scenario of Guantánamo. Deprived of legal representation and held incommunicado, he found himself caught in a complex legal situation where the principle of innocence until proven guilty appeared to have vanished.
The charges leveled against Bakhouche under Algeria's Penal Code reek of political opportunism, a thinly veiled attempt to scapegoat a man who has already suffered immeasurable trauma at the hands of the U.S. government. His prosecution flies in the face of fundamental principles of justice and fair trial, raising serious concerns about the integrity of the legal process.
The U.N. experts' assertion that Bakhouche faces the risk of renewed arbitrary detention further underscores the urgent need for international scrutiny and intervention. His plight serves as a stark reminder of the enduring legacy of Guantánamo, where justice has often taken a backseat to political expediency.
Bakhouche's case is not an isolated one; it is emblematic of a larger pattern of abuse and impunity that has characterized the so-called "war on terror." From Guantánamo to Algeria, the road to justice has been littered with obstacles, with individuals like Bakhouche caught in the crossfire of geopolitical maneuvering and security theater.
Fionnuala Ní Aoláin, the former U.N. special rapporteur on counterterrorism and human rights, recently highlighted ongoing concerns regarding the U.S. government's handling of detainees released from Guantánamo. In her comprehensive report published in June 2023, Ní Aoláin detailed numerous rights violations stemming from the transfer of detainees to foreign countries.
Among various violations, Ní Aoláin revealed instances of torture, arbitrary detention, and disappearances among released prisoners. Shockingly, in 30% of documented cases, recipient countries deprived these individuals of proper legal status.
The U.N. report underscored the United States' involvement in these problematic transfers, emphasizing a clear legal and moral obligation for the U.S. government. It must use diplomatic and legal resources to ensure these men are relocated, providing proper assurance and support to the recipient countries.
As the Biden administration seeks to extricate itself from the dilemma of Guantánamo, it must reckon with the human cost of its actions. Bakhouche and others like him are not mere statistics; they are individuals whose lives have been irreparably altered by the machinery of state-sanctioned violence.
The recent sentencing of Bakhouche serves as a grim reminder of the urgent need for accountability and justice. It is not enough to simply close the doors of Guantánamo; we must also reckon with the legacy of injustice it has left behind. Anything less would be a betrayal of the principles we claim to uphold.
In the pursuit of justice for Bakhouche and others like him, the international community must remain vigilant. We cannot allow the shadows of Guantánamo to continue to darken the lives of innocent individuals who have already suffered far too much.
As Bakhouche begins his journey behind bars once again, in Guantánamo 2.0 this time, let us not forget the injustices that have brought him to this point. His story stands as a testament to the depravity of both the U.S. and Algerian governments, subjecting him to abuse and torture, and it is a call to action for all those who believe in the sanctity of justice and the dignity of every individual.
In closing, let us heed the words of the U.N. experts who have sounded the alarm on Bakhouche's case. Let us demand accountability, transparency, and above all, justice for those who have been failed by the very systems meant to protect them. Only then can we truly begin to heal the wounds inflicted by Guantánamo and its legacy of injustice.
Saeed Bakhouche's case underscores the urgent need for action and accountability in the pursuit of justice. It is a stark reminder of the human cost of unchecked power and the devastating impact of prolonged detention without charge or trial. We cannot afford to turn a blind eye to his plight or the plight of countless others who have been wrongfully detained and subjected to abuse.
We must demand transparency, accountability, and fair treatment for all detainees, regardless of their circumstances. We must advocate for Bakhouche's immediate release and call for reforms to ensure that such injustices never occur again. Only through collective action and unwavering commitment to human rights can we bring about meaningful change and ensure that justice prevails.
This article was first published by Cage International.
An evocative exhibition at the E.U. parliament, which ran from April 2 to 5, transcended the physical confines of the military prison, offering a poignant glimpse into the lives of those ensnared within its walls.
From the distant shores of Guantánamo Bay to the heart of the European Parliament in Brussels, a powerful exhibition titled "Guantánamo: Art in Captivity" emerges, shattering the silence that has long shrouded the infamous U.S. military prison. The exhibit, which relayed poignant stories from the men detained, demonstrated the power of art to bring to life the haunting images of the pain and suffering they endured.
Attending and presenting at the exhibit, I embraced my identity as detainee 441—a prisoner classified as the worst of the worst, but who, nevertheless and against all odds, was welcomed in the European Union parliament for the second time to tell a different story of Guantánamo—the men's stories. Our story.
Guantánamo is present for the second time at the E.U. parliament; the first time was last year where two Irish Members of European Parliament (MEPs) Clare Daly and Mick Wallace hosted a special conference about Guantánamo. The gathering's importance cannot be overstated, and it was described as the "most significant gathering on Guantánamo," it underscored the gravity of the ongoing human rights struggle. It provided a platform for former prisoners, 9/11 family victims, former camp staff, the former United Nations special rapporteur to Guantánamo, lawyers, activists, and advocates to raise their voices against atrocities committed in the name of justice.
Even when we were isolated from the rest of the world and had nothing in our cages, using apple stems as pencils and Styrofoam cups and clamshells as our paper, we drew flowers.
At its core were firsthand accounts of Guantánamo's horrors. Former prisoners and military personnel, including ex-Army captain and Muslim chaplain James Yee, shared tales of detention, torture, and resilience. Their stories reminded us of the human toll of indefinite detention and the urgent need for justice and accountability.
In the European Parliament, a resounding message echoed: We won't rest until Guantánamo is closed and every individual's rights are honored. This wasn't just a gathering; it symbolized the enduring human spirit's commitment to justice. May its impact inspire future generations to fight for what's right and just.
As voices filled the chamber, a collective call to action emerged. Attendees were urged to confront Guantánamo's reality and demand accountability for its crimes. Through powerful testimonies, they highlighted the plight of detainees and the need to hold perpetrators accountable.
The "Close Guantánamo!" event was a rallying cry for those who believe in every human being's dignity and worth. It reminded us that silence equals complicity and urged us to continue demanding justice until Guantánamo is closed and justice prevails for all.
Art was always present at Guantánamo, even in the opening days of 2002 when the U.S. government sent its first prisoners to Camp X-Ray. Even when we were isolated from the rest of the world and had nothing in our cages, using apple stems as pencils and Styrofoam cups and clamshells as our paper, we drew flowers. Later, we used toilet paper, powdered tea, and soap to draw and write poetry.
Of course, any form of artistic expression, particularly when we organically found ways to create beauty out of the ugliness of the prison, was always against the camp rules. Camp administrators, guards, and interrogators routinely confiscated our work and punished us. They punished us for singing and dancing, too. They feared that the we, the monsters they constructed us to be, were sending each other secret messages, instead of finding ways to cope with the brutality of detention and torture. Artistic expression made us feel human in a place that was designed to strip us of our dignity.
Before 2010, it was customary for art to be integrated into interrogation sessions within the chambers. Artwork produced during these sessions was routinely confiscated, repurposed as evidence, and classified accordingly. An illustrative example is a painting by Suliman, created during an interrogation session in 2007, serving as proof to interrogators of his artistic abilities. The painting bore multiple red stamps denoting its classification as "SECRET." Suliman inscribed his full name, the date, and signed it in Arabic.
In 2010, after former U.S. President Barack Obama ordered a complete review of Guantánamo, living conditions improved. For the first time since opening, we were allowed to attend art classes. Of course, we weren't free by any means and in order for us to attend these classes, we had to endure humiliating searches, and thereafter we were shackled and chained to desks and chairs while in the classroom. Even though we only had a few minutes in class and the supplies were limited, these classes provided us with a place where we could express ourselves outside the confines of a system that criminalized us and treated us as irredeemable.
We could draw and paint the world outside we missed most—the beautiful blue sky, the sea, flowers, and nature. We painted our pain, our fear, our hope, our dreams. After eight years of indefinite and arbitrary detention, we felt connected again to our lost humanity. Each brushstroke colored in a piece of who we once were.
During the Obama administration, we were allowed to send our artwork to our lawyers and families. The journey of artwork out of Guantánamo was similar to ours, and it was not spared from the violence that is Guantánamo.
Each painting we created had to go through a rigorous process of review and censorship by multiple agencies and departments in order to leave the prison. Some of our artwork disappeared, some was redacted and silenced, and some made it out of the military prison. Was that ship a message? Was the art communicating an imminent threat? Anything suspicious lead to immediate disappearance (a death sentence). If artworks survived the scrutiny of the censors, they were registered, numbered, and stamped. But that didn't mean the artwork wouldn't be confiscated or taken later. Suffice it to say that the stamp on the back of the art continues to be reminder of the violence we endured, and which many still endure, at Guantánamo .
Moreover, like Guantánamo prisoners, some art died at Guantánamo. Some art is still held there waiting to be released.
At one point, even the U.S. government created an art gallery at the camp to exhibit our artwork for visitors and the media. While art helped to make us human again, the camp administration used what we created to construct the illusion that we were treated humanely.
I was one of the prisoners who made it out of Guantánamo—more fortunate than many who continue to languish behind bars. My journey to this point—standing in front of the E.U. parliament as a free man without shackles, chains, and no guards dragging me around for sport—was long and arduous. While I stood in my orange shirt looking at each painting for the first time after I was released in 2016, the memories of the place that tortured and detained me flashed through my mind, tears blurring my vision as I reconnected with my paintings. It was not just feelings of anguish however that filled my memories, but resilience as well—the resilience that I knew then would get me here now.
"It's nice to see you again my sweethearts. I'm glad we made it in one piece. I've missed you."
These are all things I said to my paintings, which could never be reduced to a piece of paper, but are testaments to our struggle for survival amid unimaginable cruelty.
This evocative exhibition, which ran from April 2 to 5, transcended the physical confines of the military prison, offering a poignant glimpse into the lives of those ensnared within its walls. Each stroke of the brush is a testament to the artists' resilience, a silent plea for justice. Each painting is proof of survival, while also being an act of resistance. We entrusted our secrets, tears, and hope to art from Guantánamo.
While the U.S. government suppressed our voices by banning and threatening to burn our artwork in 2017, courageous MEPs like Stelios Kouloglou, Daly, Wallace have breathed life into our creations, challenging these oppressive measures and amplifying our cries for justice. It's my honor to curate this exhibition. "Art from Guantánamo" marks a historic moment—a beacon of hope illuminating the darkness of secrecy and isolation.
The artwork on display varies from poignant portraits that capture the depth of human experience to haunting landscapes that echo the desolation of confinement. Each piece narrates a story of shattered dreams, stifled aspirations, and voices yearning to be heard.
These creations narrate stories of dreams that were imprisoned and aspirations stifled. They serve as a stark reminder of the human cost of policies shrouded in secrecy, urging us to confront uncomfortable truths and demand accountability.
As visitors navigated the exhibition, they were confronted with uncomfortable truths—the human consequences of policies enacted in the name of national security. The art became a call to action, urging a demand for accountability and the upholding of fundamental principles of human rights.
Among the collective voices, four names resonate with enduring resilience—Khalid Qassim, Moath Al-Alwi ,Tawfiq Al-Bihani, and Ammar al-Baluchi. These artists, imprisoned in Guantánamo for over two decades despite three of them have been cleared for release, continue to defy injustice through their art, their spirits unbroken by the passage of time. Their art, bleeding from behind bars, epitomizes the unwavering spirit of resilience in the face of injustice.
Among the attendees of the exhibition were Guantánamo lawyers Alka Pradhan and Navy Lieutenant Jennifer Joseph, who represent several of the prisoners. During a panel discussion, Pradhan shed light on the legal complexities surrounding Guantánamo, remarking, "It is deeply moving to witness the resilience and humanity of men who have endured unimaginable suffering. This exhibition serves as a poignant reminder of the ongoing crisis at Guantánamo and underscores the urgent need for global unity to put an end to this atrocity."
The impact of "Art from Guantánamo" transcended the walls of the exhibition space. It served as a call to carry these stories forward, to advocate for justice and freedom beyond. Let us amplify the voices of those who seek justice and speak of resilience despite their confinement. May this exhibition ignite conversations that spark action—a collective demand for the closure of Guantánamo and a renewed commitment to accountability.
This is a unique opportunity to witness firsthand the enduring human spirit in the face of unimaginable hardship. Together, let us ensure that these stories are heard and that the fight for justice continues.
Today, 30 individuals remain imprisoned in Guantánamo, 16 of whom have been cleared for release. However, despite efforts to address the situation, reports of abuse in the prison persist. Last month, detainees in Guantánamo went on a hunger strike to protest the mistreatment and abuse they endure, yet the U.S. government continues to suppress such reports, denying journalists access to the prison for accurate reporting.
During her visit to Guantánamo last year, the former U.N. Special Rapporteur Fionnuala Ní Aoláin expressed significant concerns regarding the treatment of prisoners. Her report highlights alarming issues such as the ongoing detention of individuals without trial, limited access to healthcare, and the potential use of torture methods, including prolonged periods of solitary confinement. Additionally, she emphasized the absence of proper legal procedures, drawing attention to the prolonged imprisonment of individuals without formal trials.
Guantánamo symbolizes injustice, torture, and abuse of power. It is where humanity and beauty are sentenced to death. However, the “Art from Guantánamo" exhibit in the European Parliament conveys a different message—one of survival. This is why we must heed the call to action for justice and accountability that is deeply embedded in each of the paintings. Now that many of us have borne witness to the men's powerful stories, we must ensure that they are never again silenced and in doing so, commit ourselves to the pursuit of justice, dignity, and freedom for all.