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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 www.reprieve.org.uk, 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

MILES COLE FOR NEW STATESMAN
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The Tory civil war

Even if David Cameron clears the fence marked Brexit, he will find a very deep ditch on the other side.

We all know families who fight and argue in the privacy of their own homes but put on a flawless display in public. So it was, for a few days at least, with the Conservative Party when the campaign for the EU referendum began. Both sides were keen to keep it that way, in the long-term interests of their party. Last month, one MP dressed down Norman Smith, the BBC political reporter, for going on the airwaves and talking about “the Tory civil war”. At that stage, he was perhaps right to do so.

Tempers are, however, beginning to fray. Members of White’s, the St James’s Street club and a foremost lair of the Tory grandee, were recently alarmed to see two of that species, Nicholas Soames MP and David
Heathcoat-Amory, an MP until 2010 and a former Europe minister, going at it hammer and tongs about the European question during the lunch hour. Anyone familiar with Soames’s entertaining Twitter feed, which is currently devoted mainly to savaging fellow Tories in Vote Leave, will know that he is no stranger to technicolor vituperation.

It was, according to the account doing the rounds, a ferocious argument, though no blows were struck. “Nicholas and David have known each other since school,” a friend of both men told me. “They have more in common than separates them. It just shows how fraught things are.” That is certainly true. I well remember Soames, a lifelong pro-European, expressing his genuine dismay that Heathcoat-Amory was defeated in 2010 because a Ukip candidate, standing ironically against a devoutly Eurosceptic Tory, split the vote in his Wells constituency and let in a Lib Dem.

Another MP, using an appropriate public school metaphor for a gentlemen’s club packed with Old Etonians, likened them to boys who are friends but who, once on opposite sides of the sports field, let all hell loose at each other. One does not doubt that Soames’s and Heathcoat-Amory’s regard for each other will survive the referendum. Whether the same can be said for the two sides of the Conservative Party – unequal sides at that – come 24 June is quite a different matter.

The way David Cameron has conducted his wing of the Remain campaign in recent weeks has horrified many Tory MPs, even some who are or were notionally on his side. “The personal attacks and crude propaganda have really upset the party and I don’t think he understands how badly this has gone down in the constituencies,” a Remainer told me.

The personal attacks are certainly out in force. Downing Street has started to brief the media about those in particular disfavour. The Sunday Times reported on 15 May that Priti Patel, the employment minister, had behaved “appallingly” (her crime seemed to have been pointing out the government’s failure to supply enough school places to cope with the recent influx of eastern European immigrants). It also claimed that Cameron was especially angry with Michael Gove – which, since Gove has behaved with politeness and a complete lack of hysteria towards the Prime Minister, suggests that the latter must have a very thin skin indeed. Gove does annoy Cameron and his friends, not because of bad behaviour but because his detailed and measured analysis of what is wrong with the EU is hard to rebut, in contrast to more emotive outbursts by the likes of Boris Johnson that can be swatted aside.

Meanwhile, Cameron has sought to ridicule Bernard Jenkin, one of the most vocal Leavers among MPs, for making a perfectly reasonable observation about the dilution of trade union legislation in return for the unions’ support of Remain. The snide side of the Prime Minister’s character, depressingly familiar to those who deal with him in private, is becoming more and more unchecked as tensions in the campaign rise. There have also been briefings against
Penny Mordaunt, the armed forces minister, and, of course, Johnson. One attempt to terrify the country was to have the Sunday Times splash that, Brexit or not, Johnson would be the next leader and, therefore, prime minister. Downing Street seems not to realise that such an outcome is, for reasons few can fathom, one the general public seems to want.

***

The Tory party has long been a coalition. Most diehard Leavers had no social or personal relations with their colleagues in Remain anyway, so that has not changed. Any breakdown in civilities among others at the moment is, for the most part, temporary. Many take the view of Jacob Rees-Mogg that the result must be binding whatever it is and the party must move on. Equally, many don’t, and if the outcome is a narrow victory for Remain it will be the worst possible result for the Prime Minister.

Those trying to maintain peace in the parliamentary party – and it is important to note that a few dozen MPs have never really been interested in Europe and are showing little interest now – believe that things could have been worse. Veterans say the atmosphere is better than it was during the Major government, in the arguments over the ratification of the Maastricht Treaty and Britain’s inglorious departure from the Exchange Rate Mechanism. That, too, is probably true, when one recalls that nine MPs had the whip withdrawn, John Major described some of his cabinet colleagues as “bastards” and he felt constrained to call a leadership contest to prove his mandate to lead the Tories. However, the vote is still a month away and there is scope for things
to worsen.

With the government and the Whitehall machine distracted by the referendum, other aspects of Conservative rule are causing irritation within the party. There is a sense that the whips and Downing Street have given up trying to take MPs with them on other issues, or to explain why changes of policy are being made. There is little doubt about the fragility of the economy, or that it could go south even if the UK remains in the EU – and George Osborne is felt to be doing too little to demonstrate the proverbial firm hand on the tiller, or to inspire confidence among his colleagues.

The recent U-turn on academy schools has caused particular rage among MPs who had gone to great lengths to explain and defend the previous policy to their constituents. Now they find themselves having to do the opposite and, as one of the less self-regarding said to me, “No pompous Tory MP likes being made to look stupid.” There is a widespread belief even among the more feminist MPs – and, believe it or not, the Tories have them of both genders – that Nicky Morgan has proved she is nothing more than a token presence in the cabinet.

Speculation about what would happen in the event of Brexit – and none of the 20 or so MPs I spoke to in preparing this piece, whatever their allegiances, would rule it out – is now starting to grip the Conservatives and is causing tempers to rise. Nobody seems to want Cameron’s immediate departure if the vote goes against him. There is talk of a “managed, orderly withdrawal” to see the party and the country through the initial shock of the change, with a contest getting under way formally at the Tory conference in October and the process – a vote of the parliamentary party, followed by a plebiscite of the membership to decide between the two most popular candidates – over by early December.

Johnson’s high-profile Brexit campaign is, in effect, the start of his bid for the leadership and why Cameron is so agitated about him. Johnson, as I wrote here in March, has not made the best impression on his fellow MPs since returning to the House last May and it is far from assured that he will be one of the final two candidates. There is also an uncomfortable recognition that he achieved little for London as mayor, other than traffic chaos and a series of vanity projects. “We’d like to do a Checkpoint Charlie-style swap, halfway across Westminster Bridge, with Sadiq Khan,” a Remainer told me.

However, Tory activists forcefully tell their MPs that Johnson is a “winner” who merits support in a leadership vote. Some younger MPs, yet to learn the difference between being a representative and being a delegate, are nervous of disagreeing. Three of them – Nigel Adams, Ben Wallace (a junior Northern Ireland minister and former soldier) and Jake Berry – are running a campaign for Johnson, organising lavish drinks parties for colleagues so the candidate can press the flesh. This irritates older MPs, who see it as a provocative manifestation of ambition and vulgarity that the party could do without.

A prominent Brexiter is almost certain to be in the last two in the leadership contest, be it later this year or in 2019-20, whatever the outcome of the referendum. Whether that is Johnson depends on if he self-destructs during this campaign – his reference to Hitler in his Sunday Telegraph interview on 15 May suggests that is quite possible, given the opportunities ahead. What might entertain the general public – and his unrestrained remarks, such as about President Obama’s Kenyan heritage, probably do –
increasingly angers his colleagues.

It may then be up to Michael Gove to offer himself, something that is said to be unlikely at the moment but that may become less so if things go badly for Johnson. Whatever Cameron thinks of his Justice Secretary, his colleagues have nothing but praise for the way in which he has conducted himself. It is widely thought that, in the event of a Remain victory, Cameron will promote Gove, possibly even to deputy prime minister, as a very public healing of wounds, in an attempt to unify his fractured party.

The favourite to end up in the last two with a Brexiter if there is an early leadership contest is Theresa May, described by one who knows her well as “cold, unfriendly, charmless, not as clever as she thinks she is, lacking imagination, unable to think outside the railway lines and intellectually dishonest”. However, he said that were the choice to be between her and Johnson, “I would, of course, vote for her.”

The wider party probably would not. It is accepted that if Johnson reached the last two, the party in the country would elect him leader. His fate, therefore, lies in the hands of his parliamentary colleagues, whenever the contest comes.

An MP who is a constitutional authority told me of his belief that even if Johnson became leader he would struggle to form a government, because a hard core of pro-Europeans might refuse to support him. Others, knowing the ambitions of their brethren, doubt that but the thought was recently echoed by the former MP Matthew Parris, probably the most articulate columnist writing in support of Cameron, who said on BBC radio that if there were a vote for Brexit he and others like him would leave the party.

***

A victory for Remain might end Johnson’s prime ministerial ambitions and the prospect of such a realignment. But unless that victory is substantial – at least as large as the 55-45 vote in the Scottish referendum – Cameron will struggle: and even that margin of victory in Scotland has not squashed demands for another vote.

The Prime Minister has failed to grasp how many of his MPs are against the EU. A former cabinet minister, not known for hyperbole, told me that “more than 200” of the party’s 330 MPs would vote for Brexit in the privacy of the polling booths. The proportion of Leave activists is even higher. Some MPs still maintain that they can find hardly anyone in their shrunken constituency bases who wants to stay in.

What we are witnessing is the expression of the resentments and tribal hatreds of many years, in a party that has never recovered from the splits after Margaret Thatcher’s 1988 Bruges speech and the Maastricht arguments, or indeed from the conduct of the debate over the UK’s entry into the then EEC during the passage of the European Communities Bill in 1972.

A former minister, a pro-European, said: “Dave is going to have to bring in the people he has alienated but even then it is going to be hard for him to do more than limp on for a couple of years.” Another said the government now, with its small majority, deals with the Tory party on a “issue by issue” basis, seeking just to get over the next hurdle. Even if Cameron clears the Becher’s Brook-style fence marked “Brexit”, he may find a very deep ditch on the other side.

Simon Heffer is a columnist for the Daily and Sunday Telegraph

Simon Heffer is a journalist, author and political commentator, who has worked for long stretches at the Daily Telegraph and the Daily Mail. He has written biographies of Thomas Carlyle, Ralph Vaughan Williams and Enoch Powell, and reviews and writes on politics for the New Statesman

This article first appeared in the 19 May 2016 issue of the New Statesman, The Great Huckster