On January 11, 2018, the Guantánamo Bay prison turned 16. The prison has now spanned three administrations and five presidential terms. Forty-one men remain detained at Guantánamo. All but one has been imprisoned for more than a decade, and the overwhelming majority of prisoners have not been charged with any crime.
Donald Trump has already demonstrated his hostility towards Muslims and his impetuous policy-making in the name of national security with initiatives like the Muslim Ban. Trump has said he will not release any prisoners, and boasts that he will transfer new terror suspects to the island prison. Unlike previous administrations, which purported to base detentions on individualized determinations about national security, this is yet another example of a policy position based on little more than executive hubris and open animus.
On January 11, CCR and co-counsel filed the first major challenge to Trump’s Guantánamo policies, in federal court in Washington, DC. This collective filing is on behalf of eleven prisoners who are detained without charge, all for more than a decade. In this court filing, we argue that the petitioners’ perpetual detentions violate the Constitution and the Authorization for Use of Military Force (AUMF), and ask the court to intervene on behalf of the men who have been deemed “forever prisoners.” The motion is currently pending.
Key Filings and Policy Statements
- Motion for Order Granting Writ of Habeas Corpus (January 11, 2018) and CCR Press Release
- Court Order re: Scheduling the Trump Administration's Response (January 18, 2018) and CCR Press Statement
- Amicus Briefs: Muslim and Interfaith Groups, Due Process Scholars, Center for Victims of Torture
- January 30, 2018 Presidential Executive Order and CCR Press Statement
- Government Opposition to Motion (February 16, 2018)
- Reply Brief in Support of Motion for Order (March 9, 2018)
- Profiles for Sharqawi Al Hajj, Towfiq Bihani, Abdul Latif Nasser, Abdul Malik Bajabu, Ahmed Rabbani
- Infographics: Guantánamo By The Numbers; $445 Million; Guantánamo Timeline
Select Media Coverage
- Editorial: Donald Trump vs. Guantánamo’s Forever Prisoners (New York Times)
- Op-ed by CCR Legal Director Baher Azmy, Trump’s anti-Muslim bigotry clarifies Guantanamo Bay’s awfulness (Slate)
- Op-ed by CCR client Sharqawi Al Hajj, Will I Die at Guantanamo Bay? 15 Years Without Charges, I Deserve Justice (Newsweek)
- Op-Ed by CCR Senior Staff Attorney Pardiss Kebriaei: My Client Has Spent More Than a Third of His Life Imprisoned in Guantánamo (The Nation)
- Blog by Advocacy Program Manager Aliya Hussain, Guantánamo turns 16: “Those people who speak on behalf of us are the only hope we have.”