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Closing Guantanamo

It is the most potent symbol of the abuses of the Bush era: Obama's swift decision to shut down Guan

Before the place closes, I might have a couple more opportunities to get down to Guantanamo Bay. Nothing very much has changed. Some of the ­soldiers have become disillusioned, knowing that their orders place them on the wrong side of history. They talk more, they try to make life a little easier on the prisoners. Their commanders have become more dogmatic, if that were possible, like terriers who refuse to give up a bone.

In a way, I am going to miss Guantanamo. It's an odd ­notion, but I've been there more than 20 times, more than six months in all. Sometimes, the true joy of tilting at windmills comes when there is an ogre in the White House. Now they are gone, George W Bush, Dick Cheney and Donald Rumsfeld, the entire Axis of Evil.

Only a few days ago, on 20 January, Americans welcomed in the new year with the inauguration of Barack Obama. The new president immediately demonstrated that he means business, taking a break between dances at his ten inaugural balls to start issuing executive orders. The first 24 hours saw four decrees: the closure of Guantanamo Bay (within a year), a review of US detention policies (including the closure of CIA "black sites"), a review of US "transfer" policies (the euphemism for extraordinary rendition), and an evaluation of what position the administration should take in the case of Ali al-Marri, the only person held in extrajudicial detention on US soil for more than seven years in the "war on terror". Obama did more for the rule of law in one day than George W Bush did in eight years.

However, while this may herald a new dawn, we are very far from the end of the day. If there is one lesson that must be learned from Bush's catalogue of mistakes it is that we should not go hanging up the "Mission Accomplished" banner in too much of a hurry. Bush made his infamous announcement on the USS Abraham Lincoln on 1 May 2003, only 41 days after the invasion of Iraq. Almost six years later, it is sobering to note that more than 96 per cent of the US and coalition casualties came after Bush claimed that it was all over.

The battle for human rights is no more easily won. It is folly to think that Obama can sign four orders and fix an entire era of human rights abuses. A president, no matter how well-intentioned, can only achieve his goals if he has the necessary information and political support. In terms of information, Obama's limited sources have to be a concern. With each policy review that he has ordered, he has named the players who will issue the report: the attorney general, the secretary of defence, the secretary of state, the secretary of homeland security, the director of national intelligence and the chairman of the joint chiefs of staff. For the most part, these are the very institutions that created the problem in the first place. Nowhere does this take into account those who have struggled for change. There are plenty of interest groups opposed to a close analysis of the recent past; others remain convinced that al-Qaeda presents a different paradigm to anything previously encountered, one where the rule of law must give way.

Closing Guantanamo Bay will be a challenge, not least in terms of determining what will be done with the 240 prisoners detained there. The first group is the easiest – the 140 or so prisoners who can just be repatriated. Ninety-seven are from Yemen, and they would be home already if only the Bush administration had talked to President Saleh.

The second group are refugees who need resettlement: there are around 60, most of whom were picked up in Pakistan for bounties. Here, Obama needs help from his allies to offer them sanctuary, and it is sad that the British Foreign Secretary, David Miliband, announced a few days ago that Britain felt it had done enough already. A country that played so integral a part in supporting the mess created by Bush might feel a greater obligation to clean it up.

Last, there is the group of prisoners who will be tried, perhaps 40 of them. President Obama has ordered that the Guantanamo military commissions be suspended. Now looms the struggle over the formulation of a process to replace them. Even liberals in the US are talking about a security court, a ­notion that would sound Orwellian were it not for the fact that Britain already has such a body - SIAC, the Special Immigration Appeals Commission, with all its secrecy and its special advocates, all beyond the public eye.

Obama has also ordered the closure of CIA prisons. This is an interesting comment on his predecessor's candour, since Bush assured us in September 2006 that there were no more prisoners in CIA detention. Indeed, there is no definition of what a CIA prison is: none has ever been designated as such. The overwhelming majority (more than 99 per cent) of the, roughly, 20,000 prisoners still held in US custody, beyond the rule of law, have never been in a "CIA prison". Guantanamo is not a CIA prison. Bagram air base is not a CIA prison, yet the US military continues to hold 680 prisoners without any due process.

What we do know is that, while in US custody, prisoners disappear. Reprieve, together with other human rights organisations, drafted a report called Off the Recordwhich featured 39 people who have vanished in US custody. Only two have surfaced; 37 remain ghosts. The story of Ibn Sheikh al-Libi is an example of how the osmotic pressure of politics can result in prisoners being shuffled quietly off to a terrible fate. Al-Libi was seized in November 2001 and soon rendered by the CIA to Egypt, where torture elicited the "fact" that al-Qaeda and Saddam Hussein were in league over weapons of mass destruction (WMD). Bush cited this as a reason to invade Iraq; the then secretary of state Colin Powell repeated it in the UN. When 14 "high-value detainees" appeared in Guantanamo Bay in September 2006, Ibn al-Libi was not among them; what he might say to a lawyer was just too embarrassing for the administration. So he was rendered to disappear in Libya, where Reprieve has now tracked him down. His story must be told - both to expose the consequences of torture and how Libya is being used to spare Bush's blushes.

Notwithstanding such important individual stories, the directive to close CIA prisons is only of passing relevance. There is also the question of the proxy prisons. The outsourcing of torture and imprisonment was one of the greatest horrors of the Bush years, and there are proxy prisons that have never been part of the public debate, including a particularly unpleasant one in Uzbekistan. Other countries – most notably Jordan and Egypt – continue to serve secret American interests.

It would also be unwise to assume that Obama's policy review is going to eliminate the practice of rendition. This was not a Bush brainchild; as far back as Ronald Reagan, suspects had been "snatched" - the preferred term - from abroad. There was enthusiasm for rendition during the Clinton era. Richard Clarke, counter-terrorism tsar to both Democrats and Republicans, relates an infamous story in his book Against All Enemies:

The first time I had proposed a snatch, in 1993, the White House counsel, Lloyd Cutler, demanded a meeting with the president to explain how it violated international law. Clinton seemed to be siding with Cutler until Al Gore belatedly joined the meeting, having just flown overnight from South Africa. Clinton recapped the argument on both sides for Gore: Lloyd says this. Dick says that. Gore laughed and said, "That's a no-brainer. Of course it's a violation of international law, that's why it's a covert action. The guy is a terrorist. Go grab his ass."

The euphemisms - "rendition to justice" is a favourite one, when someone is "snatched" and brought to face trial in the US - cannot disguise the fact that there is no legal distinction that sets it apart from kidnapping.

President Obama has ordered an end to torture, requiring that all interrogations abide by the Army Field Manual. Yet the ink was barely dry on his directive before talk of adding more coercive techniques to the manual began to surface even from within the Obama administration itself, possibly as a sop to right-wing critics. Obama also said nothing about accountability. With a wink and a nod, before his inauguration, there were signs that he had already come under pressure from both sides of the aisle not to look too carefully at the criminal practices of the Bush administration. Nobody in Congress seems to have the stomach for a bloody inquest, and I believe the Senate leadership have indicated that inquiries are not on their list of priorities. Obama's reticence is understandable enough. He is embarking on a daunting mission, and he must seek allies where he can find them. Digging up the skeletons of the past might have suited the Democrats in the run-up to the election, but if they want Republican co-operation now, the prospect is less appealing.

The setting up of a Truth and Reconciliation Commission, to ensure that the truth comes to light, both for the peace of mind of the victims and so that history can record the mistakes, would be one option open to the new president, and there is no legitimate argument against it. But such a commission will not easily be born. A systematic structure of secrecy - couched in national security terms - may be the most dangerous and long-lasting legacy of Bush and Tony Blair. I have a US security clearance, and while I obviously cannot reveal classified material, I can state without hesitation that the overwhelming majority of it would not remain hidden in a sane world.

Looking to the future, it is enormously exciting to have a US president who is so powerfully in favour of human rights. But it is unclear whether he could sustain his approach in the face of (for example) a further terror attack on US soil. Unfortunately we should not discount the possibility of such an attack. Al- Qaeda must realise that a decent president is a danger to their cause, just as Bush's policies provided the most effective recruiting sergeant to their banner that they could imagine.

Clive Stafford Smith is the director of Reprieve, the UK legal action charity that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. For more information, see, or contact Reprieve, PO Box 52742, London EC4P 4WS. Tel: 020 7353 4640

Road to closure

2002, January First group of 20 prisoners arrive at Guantanamo, deemed not entitled to habeas corpus.
President Bush rules that their standing as "enemy combatants" disqualifies them from PoW status
February Detainees go on hunger strike to protest the ban on turbans
2004, March UK prisoners dubbed the "Tipton Three" are released without charge
June Supreme Court rules that prisoners can use federal courts to challenge their imprisonment
July In response, the Pentagon creates special military commissions to determine detainees "enemy combatant" status
2005, May Riots erupt around the world after allegations of abuse of the Koran at Guantanamo
2006, June US Supreme Court rules that military commissions used to try prisoners are illegal and that the Geneva Conventions apply to detainees
2008, June Supreme Court rules that prisoners are entitled to habeas corpus
July Reports that US military based an interrogation class on study of Chinese torture techniques
July Guantanamo war crimes trial begins against Osama Bin Laden's former driver
2009, January Barack Obama announces Guantanamo to close within a year and suspends all ongoing military tribunals

Kate Ferguson

Inside guantanamo/Bisher Al-Rawi

was arrested in November 2002 during a business trip to the Gambia, along with a colleague. He was first taken to Bagram air base, then on to Guantanamo.

We were flown to Guantanamo shackled, cuffed, blindfolded. We had protectors on our ears. It was extremely uncomfortable. If you wanted to use the toilet, someone had to pull your trousers down for you. It was extremely degrading.
When we got there we were put in solitary confinement. To be thrown into a dimly lit cell, just a small box, life is really very alien. You feel hopeless, like this is your grave. We stayed in solitary confinement for a month, then went out into the general population [of the camp]. You were still in individual cells but you could see people. Really, the day was full of nothingness. It revolved around when they brought us food and the nothingness in between. The leisure time was a big thing - to be let outside - but even when you were there you were just by yourself in a fenced area, 10ft by 15ft. There really was no information about what was going on - there was just interrogation.
Something happened which made me realise it was a game to people. Before my lawyer had visited, he sent me a letter explaining I was not to take part in the tribunal process, because it was illegal. Before I received the letter, they came to us. We were told a couple of weeks before that we'd have a tribunal. We had to prepare our own defence - but without access to pen and paper.
Then the day after my tribunal I received my lawyer's letter saying not to take part. The letter had been postmarked two months before. That's when I knew they were not trying to do the right thing, and then I lost faith.

Inside Guantanamo/Moazzam Begg

Moazzam Begg was detained by Pakistani police and CIA officers in January 2002 while he was living in Islamabad.

I was never arrested, I was kidnapped at gunpoint. Nobody ever questioned me until I was handed over into custody. It happened because the US offered bounties of thousands of pounds for each person. There was no justice system, absolutely none. They didn't even pretend there was. You were simply in custody and that's it.
I was held for three years - 11 months in Bagram and two years, one month in Guantanamo. Most of my time was in solitary confinement - it was monotonous and dreary, with nothing to look forward to. There was no window in my cell, and it was impossible to take more than three steps in any direction. They had recreation three times a day in a caged area that was about three times the size of my cell. By the end, they had increased each time to an hour.
We welcome news of the closure - it's seven years too late, but it's better late than never. But we're still concerned about the ghost prisons, where conditions are even worse than in Guantanamo. Obama has said that he's going to shut Guantanamo but he's also said that he's going to increase the numbers of troops in Afghanistan. So there are likely to be more people imprisoned there. I'm particularly concerned because I was held in Bagram myself for almost a year, and I saw some people killed there.

Clive Stafford Smith is legal director of the charity Reprieve and has spent more than 20 years representing prisoners on Death Row in the United States. More recently he has represented many of the prisoners in Guantanamo Bay.

This article first appeared in the 02 February 2009 issue of the New Statesman, Interview: Alistair Darling

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Paul Mason: How the left should respond to Brexit

It's up to the labour movement to rescue the elite from the self-inflected wound of Brexit.

For the first time in a generation there is a tangible split between the Tory leadership and the business elite. Forget the 41 per cent poll rating, forget Theresa May’s claim to have moved towards “the centre”; the most important thing to emerge since the Tory conference is a deep revulsion, among wide sections of normally Conservative voters, at the xenophobia, nationalism and economic recklessness on display.

Rhetorically, May has achieved a lot. She quashed any possibility of a soft Brexit strategy. She ended 30 years of openness to migration. She scrapped the Tories’ commitment to balanced books by 2020 – though she neglected to replace this keystone policy with anything else. And she pledged to stop constitutional scrutiny over the Brexit process from Holyrood, Westminster or the courts.

Yet in reality she achieved nothing. May’s government is not in control of the crucial process that will define its fate – the Brexit negotiations. And on Scotland, she has triggered a sequence of events that could lead to the end of the UK within the next five years.

In the light of this, the left has to be refocused around the facts that have emerged since the referendum on 23 June. Britain will leave the EU – but it faces a choice between May’s hubristic nonsense and a strategy to salvage 30 years of engagement with the biggest market in the world. Scotland will hold its second referendum. Labour will be led through all this by a man who, for the first time in the party’s history, cannot be relied on to do the elite’s bidding.

Brexit, on its own, need not have caused a great shift in British politics. It is the new, visceral split between Tory xenophobia and the implicitly liberal and globalist culture in most boardrooms that makes this a turning point. It is a challenge for the left as big as the ones Labour faced in 1931, when the gold standard collapsed; or in 1940, when the reality of total war dawned. It represents a big opportunity – but only if we jolt our brains out of the old patterns, think beyond party allegiances, and react fast.

Let’s start with the facts around which May, Philip Hammond and Amber Rudd constructed their rhetorical body swerve at the Tory conference. Britain is £1.7trn in debt. Its budget deficit cannot be eradicated by 2020 because, even on the steroids of quantitative easing, growth is low, wages are stagnant and its trade situation deeply negative. Austerity, in short, did not work.

With sterling weakened, by next year we’ll begin to feel the pressure of imported inflation on real wages, re-creating the economic pain of 2011-12. On top of that, by attempting a “hard Brexit”, May has created damaging uncertainty for investment that no degree of short-term positivity can mitigate. Even if the range of outcomes only widens, investment will get delayed – and with May’s commitment to hard Brexit the range of outcomes will get significantly worse: 7.5 per cent lopped off GDP, according to a leaked Treasury assessment.

Civil servants believe Britain’s negotiating position is so weak that it will have to leverage its intelligence-providing services to Europe and concede “free movement of high-skilled workers”, just to persuade the French and the Germans to cut any kind of decent bilateral deal. Yet in the two years of brinkmanship that begin when Article 50 is triggered, the EU27 will have no reason whatsoever to concede favourable terms for bilateral trade. By adopting hard Brexit and hard xenophobia, Theresa May has scheduled a 24-month slow-motion car crash.

To orient the Labour Party, trade unions and the wider progressive movement, we need first to understand the scale of the break from normality. Labour already faced deep problems. First, without Scotland it cannot govern; yet many of its members in Scotland are so dislocated from the progressive Scottish national movement that the party is bereft of answers.

Next, the old relationship between the urban salariat and the ex-industrial working class has inverted. With a vastly expanded membership, Labour is the de facto party of the urban salariat. Its heartland is Remainia – the cities that voted to stay in Europe. Its electoral battlegrounds are now places such as Bury, Nuneaton, Corby and Portsmouth, where the “centre” (as measured by the Lib Dem vote) has collapsed, to be replaced by thousands of Green voters and thousands more voting Ukip.

This was the known problem on the eve of Brexit, though layers of Labour MPs and councillors refused to understand it or respond to it. The solution to it was, even at that point, obvious: Labour can only attract back a million Green voters and hundreds of thousands of Ukip voters in winnable marginals with a combination of social liberalism and economic radicalism.

The alternative, as outlined in the Blue Labour project of Maurice Glasman and Jon Cruddas, was an overt return to social conservatism. That cannot work, because it might win back some ex-Labour Ukip voters but could not inspire Labour’s new urban core to go on the doorstep and fight for it. On the contrary, it could easily inspire many of them to tear up their membership cards.

A new strategy – to combine social liberalism, multiculturalism and environmentalism with left-wing economic policies aimed at reviving the “communities left behind” – was, for me, always the heart of Corbynism. Jeremy Corbyn himself, whatever his personal strengths and weaknesses, was a placeholder for a political strategy.

Brexit, the attempted Labour coup and the Tory swing to hard Brexit have changed things all over again. And Labour’s leadership needs to move fast into the political space that has opened up. The starting point is to understand May’s administration as a regime of crisis. It is held together by rhetoric and a vacuum of press scrutiny, exacerbated by Labour’s civil war and the SNP’s perennial dithering over strategy to achieve Scottish independence. The crisis consists of the perils of hard Brexit combined with a tangible split between the old party of capital and capital itself. The elite – the bankers, senior managers, the super-rich and the ­upper middle class – do not want Brexit. Nor does a significant proportion of Middle Britain’s managerial and investing classes.




All this presents Labour with a series of achievable goals – as an opposition in Westminster, in London, as the likely winner in many of the forthcoming mayoral battles, and at Holyrood. The first aim should be: not just oppose hard Brexit, but prevent it. This entails the Labour front bench committing to an attempt to remain inside the European Economic Area.

The wariness – shared by some on the Corbyn side, as well as the Labour right – is born of the assumption that if you commit to the single market, you must accept free movement of labour. The party’s new spokesman on Brexit, Keir Starmer, expressed perfectly what is wrong with this approach: first it’s a negotiation, not a finished relationship; second, you start from the economics, not the migration issue.

Leaving the single market will be a macroeconomic disaster, compounded by a social catastrophe, in which all the European protections – of citizens’ rights, labour rights, consumer and environmental standards – will get ripped up. That’s why the Labour front bench must commit to staying inside the single market, while seeking a deal on free movement that gives Britain time and space to restructure its labour market.

John McDonnell’s “red lines”, produced hurriedly in the days after Brexit, embody this principle – but not explicitly. McDonnell has said Labour would vote against any Brexit deal that did not involve some form of single-market access, and preserve the City’s passporting arrangement, where banks are authorised to trade across an entire area without having to be incorporated separately in each country. Freedom of movement is not included in the red lines.

May, meanwhile, insists there will be no parliamentary scrutiny of the negotiating stance, or of the outcome. This position cannot stand, and overthrowing it provides a big, early target for Labour and the other opposition parties. They should use their constitutional influence – not only in Westminster but at Holyrood, Cardiff and the mayor-run cities, to bust open the Conservatives’ secrecy operation.

By declaring – formally, in a written pact – that they will refuse to ratify a Brexit deal based on World Trade Organisation tariffs, the progressive parties can destroy May’s negotiating position in Brussels overnight. Let the Conservative press accuse us of being “citizens of the world”, undermining the national interest. They will dig their own political grave even faster.

In parallel, Labour needs to lead – intellectually, morally and practically – the fight for a coherent, pro-globalist form of Brexit. In order for this to embody the spirit of the referendum, it would have to include some repatriation of sovereignty, as well as a significant, temporary retreat from freedom of movement. That means – and my colleagues on the left need to accept this – that the British people, in effect, will have changed Labour’s position on immigration from below, by plebiscite.

In response, Labour needs to design a proposal that permits and encourages high beneficial migration, discourages and mitigates the impact of low-wage migration and – forgotten in the rush to “tinder box” rhetoric by the Blairites – puts refugees at the front of the queue, not the back. At its heart must be the assurance, already given to three million EU-born workers, that they will not be used as any kind of bargaining chip and their position here is inviolable.

Finally Labour needs to get real about Scotland. The recent loss of the council by-election in Garscadden, with a 20 per cent swing to the SNP, signals that the party risks losing Glasgow City Council next year.

It is a problem beyond Corbyn’s control: his key supporters inside Scottish Labour are long-standing and principled left-wing opponents of nationalism. Which would be fine if tens of thousands of left-wing social democrats were not enthused by a new, radical cultural narrative of national identity. Corbyn’s natural allies – the thousands of leftists who took part in the Radical Independence Campaign – are trapped outside the party, sitting inside the Scottish Greens, Rise or the left of the SNP.

The interim solution is for Scottish Labour to adopt the position argued by its deputy leader, Alex Rowley: embrace “home rule” – a rejigged devo-max proposal – and support a second independence referendum. Then throw open the doors to radical left-wing supporters of independence. If, for that to happen, there has to be a change of leadership (replacing Kezia Dugdale), then it’s better to do it before losing your last bastion in local government.

The speed with which Labour’s challenge has evolved is a signal that this is no ordinary situation. To understand how dangerous it would be to cling to the old logic, you have only to extrapolate the current polls into an electoral ground war plan. Sticking to the old rules, Labour HQ should – right now – be planning a defensive campaign to avoid losing 60 seats to May. Instead, it can and must lay a plan to promote her administration’s chaotic demise. It should have the ambition to govern – either on its own, or with the support of the SNP at Westminster.

To achieve this, it must confront the ultimate demon: Labour must show willing to make an alliance with the globalist section of the elite. Tony Blair’s equivocation about a return to politics, the constant noise about a new centrist party, and signs of a Lib Dem revival in local by-elections are all straws in the wind. If significant sections of the middle class decide they cannot live with Tory xenophobia, the liberal centre will revive.

The best thing for Labour to do now is to claim as much of the high ground before that. It must become the party of progressive Brexit. The worst thing would be to start worrying about “losing the traditional working class”.

The “traditional working class” knows all too well how virulent Ukip xenophobia is: Labour and trade union members spend hours at the pub and in the workplace and on the doorstep arguing against it.

All over Britain, the labour movement is a line, drawn through working-class communities, which says that migrants are not to blame for poor housing, education, low pay and dislocated communities. For the first time in a generation Labour has a leader prepared to say who is to blame: the neoliberal elite and their addiction to privatisation, austerity and low wages.

It was the elite’s insouciance over the negative impacts of EU migration on the lowest-skilled, together with their determination to suppress class politics inside Labour, that helped get us into this mess. An alliance with some of them, to achieve soft Brexit, democratic scrutiny and to defeat xenophobic solutions, must be conditional.

We, the labour movement, will dig the British ruling class out of a self-made hole, just as we did in May 1940. The price is: no return to the philosophy of poverty and inequality; a strategic new deal, one that puts state ownership, redistribution and social justice at the heart of post-Brexit consensus.

That is the way forward. If Labour politicians can bring themselves to explain it clearly, cajole the party apparatus out of its epic sulk and make a brave new offer to Scotland – it can work. But time is important. We are up against a corrosive nationalist bigotry that now echoes direct from the front page of the Daily Mail to Downing Street. Every day it goes unchallenged it will seep deeper into Britain’s political pores.

Paul Mason is the author of “PostCapitalism: a Guide to Our Future” (Penguin)

This article first appeared in the 13 October 2016 issue of the New Statesman, England’s revenge