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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

Picture: David Parkin
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The humbling of Theresa May

The Prime Minister has lost all authority. The Tories will remove her as soon as they feel the time is right.

Being politicians of unsentimental, ruthless realism, the Conservatives did not linger in the grief stage of their collective disaster after the general election. Disbelief, too, was commendably brief.

Currently, their priority is to impose some sort of order on themselves. This is the necessary prelude to the wholesale change that most see as the next phase in their attempt at recovery, which they all know is essential to their career prospects – and believe is vital to a country whose alternative prime minister is Jeremy Corbyn.

For that reason, talk of Theresa May enduring as Prime Minister until the end of the Brexit negotiations in two years’ time is the preserve of just a few wishful thinkers. Some sort of calm is being established but the party is far from settled or united; there is a widespread conviction that it cannot be so under the present leader.

Elements of the great change have been executed, as Nick Timothy and Fiona Hill, May’s former advisers, will testify.

However, this is only beginning, as shown by the debate in the media about how long May can survive in Downing Street. There is dissatisfaction about elements of her recent reshuffle, but it is quieted because few believe that some of the more contentious appointments or reappointments will last more than a matter of months. Her colleagues are also alarmed by the meal she has made of doing what was supposed to be a straightforward deal with the DUP.

The climate in the party at the moment is one in which everything – jobs, policies and, of course, the leadership – will soon be up for grabs. Debate over “hard” and “soft” Brexits is illusory: anyone who wants to be Conservative leader will need to respect the view of the party in the country, which is that Britain must leave the single market and the customs union to regain control of trade policy and borders. That is one reason why the prospects of David Davis, the Brexit Secretary, are being talked up.

Some of May’s MPs, for all their hard-mindedness about the future, speak of feeling “poleaxed” since the general election. Even before the result changed everything, there was dismay about the bad national campaign; but that, it was felt, could be discussed in a leisurely post-mortem.

Now, instead, it has undermined faith in May’s leadership and credibility. “The social care disaster was key to our defeat,” an MP told me. “It wasn’t just that the policy damaged our core vote, it was the amateurishness of the U-turn.” A more seasoned colleague noted that “it was the first election I’ve fought where we succeeded in pissing off every section of our core vote”.

The limited ministerial reshuffle was inevitable given May’s lack of authority, and summed up her untenability beyond the short term. Most of her few important changes were deeply ill judged: notably the sacking of the skills and apprenticeships minister Robert Halfon, the MP for Harlow in Essex, and a rare Tory with a direct line to the working class; and the Brexit minister David Jones, whose job had hardly begun and whose boss, Davis, was not consulted.

George Bridges, another Brexit minister, who resigned, apparently did so because he felt May had undermined the government’s position in the negotiations so badly, by failing to win the election comprehensively, that he could not face going on.

Much has been made of how Philip Hammond, the Chancellor, was marginalised and briefed against, yet reappointed. Patrick McLoughlin, the party chairman, suffered similarly. Conservative Central Office was largely shut out from the catastrophic campaign, though no one got round to briefing against McLoughlin, who kept his head down – unheard-of conduct by a party chairman in an election.

As a political force, Central Office is for now more or less impotent. It has lost the knack of arguing the case for Conservatism. MPs are increasingly worried that their party is so introspective that it just can’t deal with the way Corbyn is spinning his defeat. “An ugly mood is growing,” one said, “because militant leftism is going unchallenged.” That cannot change until May has gone and the party machine is revived and re-inspired.

***

Nobody in the party wants a general election: but most want a leadership election, and minds are concentrated on how to achieve the latter without precipitating the former. One angry and disillusioned ex-minister told me that “if there were an obvious candidate she’d be shitting herself. But most of us have realised Boris is a wanker, DD isn’t a great communicator and is a bit up himself, Hammond has no charisma, and Amber [Rudd] has a majority of 346.”

On Monday a group of senior ex-ministers met at Westminster to discuss next steps. It was agreed that, with the Brexit talks under way, the most important thing in the interests of restoring order was securing the vote on the Queen’s Speech. Then, May having done her duty and steadied the proverbial ship, the party would manage her dignified and calm evacuation from Downing Street.

Those who agree on this do not always agree on the timing. However, few can make the leap of imagination required to see her addressing the party conference in October, unless to say “Thank you and goodnight” and to initiate a leadership contest. Many would like her out long before then. The only reason they don’t want it this side of securing the Queen’s Speech is that the result, as one put it, would be “chaos”, with a leadership contest resembling “a circular firing squad”.

That metaphor is popular among Tories these days. Others use it to describe the ­apportioning of blame after the election. As well as Timothy and Hill, Lynton Crosby has sustained severe wounds that may prevent the Tories from automatically requesting his services again.

Following the Brexit referendum and Zac Goldsmith’s nasty campaign for the London mayoralty, Crosby has acquired the habit of losing. And then there was Ben Gummer, blamed not only for the social care debacle, but also for upsetting fishermen with a vaguely couched fisheries policy. These failings are becoming ancient history – and the future, not the past, is now the urgent matter – yet some Conservatives still seethe about them despite trying to move on.

“I haven’t heard anyone say she should stay – except Damian Green,” a former minister observed, referring to the new First Secretary of State. Green was at Oxford with May and seems to have earned his job because he is one of her rare friends in high politics. He is regarded as sharing her general lack of conviction.

Older activists recall how the party, in 1974, clung loyally to Ted Heath after he lost one election, and even after he lost a second. Now, deference is over. Most Tory activists, appalled by the handling of the campaign, want change. They would, however, like a contest: annoyed at not having been consulted last time, they intend not to be left silent again.

That view is largely reflected at Westminster, though a few MPs believe a coronation wouldn’t be a problem, “as we don’t want a public examination of the entrails for weeks on end when we need to be shown to be running the country effectively”. Most MPs disagree with that, seeing where a coronation got them last time.

With the summer recess coming up, at least the public’s attention would not be on Westminster if the contest took place mostly during that time: hence the feeling that, once the Queen’s Speech is dealt with, May should announce her intention to leave, in order to have a successor in place before the conference season. It is then up to the party to design a timetable that compresses the hustings between the final two candidates into as short a time as compatible with the democratic process, to get the new leader in place swiftly.

Some letters requesting a contest are said to have reached Graham Brady, the chairman of the 1922 Committee of backbenchers. One MP told me with great authority that there were eight; another, with equal certainty, said 12. Forty-eight are needed to trigger the procedure. However, engineering such a contest is not how most Tories would like to proceed. “She has had an international humiliation,” a former cabinet minister said, “and it is transparently ghastly for her. Then came the [Grenfell Tower] fire. There is no sense our rubbing it in. I suspect she knows she has to go. We admire her for staying around and clearing up the mess in a way Cameron didn’t. But she is a stopgap.”

MPs believe, with some justification, that the last thing most voters want is another general election, so caution is paramount. None doubts that the best outcome for all concerned would be for May to leave without being pushed.

Her tin-eared response to the Grenfell disaster shocked colleagues with its amateurishness and disconnection. “I’m sure she’s very upset by Grenfell,” someone who has known her since Oxford said. “But she is incapable of showing empathy. She has no bridge to the rest of the world other than Philip.” Another, referring to the controversial remark that torpedoed Andrea Leadsom’s leadership ambitions last year, said: “You would get shot for saying it, but not having had children hasn’t helped her when it comes to relating to people. Leadsom was right.”

***

May was quicker off the mark on Monday, issuing a statement condemning the appalling attack at Finsbury Park Mosque swiftly after it occurred, and going there shortly afterwards to meet community leaders. No one could fault her assurance that Muslims must enjoy the same protection under the law as everyone else, or the speed and sincerity with which it was made. She is learning what leadership entails, but too late.

Her administration has become unlucky. This happened to John Major, but, as in his case, the bad luck is partly down to bad decisions; and the bad luck that comes out of the blue simply piles in on top of everything else. Grenfell Tower, lethal and heartbreaking for its victims and their families, was merely more bad luck for the Prime Minister because of her slow-witted response and failure – presumably because shorn of her closest advisers – to do the right thing, and to do it quickly.

But then it turned out that her new chief of staff, Gavin Barwell, had in his previous incarnation as a housing minister received a report on improving fire safety in tower blocks and done nothing about it. That is either more bad luck, or it shows May has dismal judgement in the quality of people she appoints to her close circle. Form suggests the latter.

The idea aired last weekend, that May had “ten days to prove herself”, was a minority view. For most of her colleagues it is too late. It was typical of Boris Johnson’s dwindling band of cheerleaders that they should broadcast a story supporting Davis as an “interim” leader: “interim” until Johnson’s credibility has recovered sufficiently for him to have another pop at the job he covets so much.

They also sought to create the impression that Davis is on manoeuvres, which he resolutely is not. Davis has been around long enough to know that if he wants to succeed May – and his friends believe he does – he cannot be seen to do anything to destabilise her further. It is a lesson lost on Johnson’s camp, whose tactics have damaged their man even more than he was already.

Andrew Mitchell, the former international development secretary and a close ally of Davis, told the Guardian: “. . . it is simply untrue that he is doing anything other
than focusing on his incredibly important brief and giving loyal support to the Prime Minister. Anyone suggesting otherwise is freelancing.” That summed up the contempt Davis’s camp has for Johnson, and it will last long beyond any leadership race.

There is a sense that, in the present febrile climate, whoever is the next leader must be highly experienced. Davis qualifies; so does Hammond, who before his present job was foreign secretary and defence secretary, and who has belatedly displayed a mind of his own since May was hobbled. Hugo Swire, a minister of state under Hammond in the Foreign Office, said of him: “He’s got bottom. He was very good to work for. He is an homme sérieux. I liked him very much and he would calm things down.”

But, as yet, there is no contest. Calls for calm have prevailed, not least thanks to Graham Brady’s steady stewardship of the 1922 Committee, and his success in convincing the more hot-headed of his colleagues to hold their fire. Yet MPs say the 1922 is not what it was 20 years ago: ministers have become used to taking it less seriously.

However, many MPs expect Brady, at a time of their choosing, to go to Downing Street and deliver the poison pill to Theresa May if she is slow to go. Some who know her fear she might take no notice. If she were to play it that way, her end would be unpleasant. As the old saying goes, there is the easy way, and there is the hard way. Remarkably few of her colleagues want to go the hard way but, like everything else in the Tory party at the moment, that could change.

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 22 June 2017 issue of the New Statesman, The zombie PM

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