So it’s good news — of a sort — from Guantánamo, as two more prisoners were released on Thursday. The first is Khalid al-Mutairi, a Kuwaiti whose habeas corpus petition was granted by District Court Judge Colleen Kollar-Kotelly two months ago, after she ruled decisively that “there is nothing in the record beyond speculation” that al-Mutairi had been involved in any way with al-Qaeda or the Taliban.
Although Judge Kollar-Kotelly ordered the government to “take all necessary and appropriate steps to facilitate” al-Mutairi’s release “forthwith,” one of his attorneys, David Cynamon explained to me recently that “the Justice Department is completely ignoring the habeas rulings issued by the Courts,” and added that he had to threaten a contempt motion in al-Mutairi’s case, in order to get the government to agree to his repatriation, even though the Kuwaiti government has repeatedly asked for his return.
In a sign of the paranoia that dominates the Obama administration’s thinking when it comes to actually releasing prisoners who have been cleared for release (as I discussed in a recent article, “75 Guantánamo Prisoners Cleared For Release; 31 Could Leave Today”), the Miami Herald explained that al-Mutairi would be the first returned Kuwaiti to be processed, on his return, in a rehabilitation center “designed to help men jailed for years as jihadists reenter society in the oil-rich emirate.” In a statement, which, to my mind, appeared to respond carefully to the kind of assurances demanded, with no justification, by the Obama administration, a Kuwaiti support group, which has been acting for the Guantánamo prisoners for many years, announced, “The new facility will provide detainees with access to education, medical care, group discussions and physical exercise to help them recover from their long ordeal in Guantánamo.”
Al-Mutairi’s return was, of course, long overdue, as David Cynamon explained, when he told the Associated Press, “It took far too long — more than seven years — to get a fair hearing,” adding, “He lost many years of his life because the US government fought against giving fair hearings to these detainees.” However, his release was clouded by the government’s refusal to also return Fouad al-Rabiah, another Kuwaiti, cleared by a court three weeks ago, whose story, as revealed by Judge Kollar-Kotelly in her ruling, laid bare the awful truth that, although he, like al-Mutairi, was a charity worker seized by mistake, he had been tortured in Guantánamo to falsely confess that he had met Osama bin Laden and had worked with al-Qaeda during the battle of Tora Bora.
If justice was not treated by the Obama administration in such a cavalier manner, Fouad al-Rabiah would have been in the Kuwaiti plane that flew to Guantánamo to pick up Khalid al-Mutairi, returning to his wife and children after eight long years, and I hope — for his sake, and for what little remains of the credibility of the Obama administration when it comes to the habeas rulings (in which 30 out of 38 cases brought by the government have been lost) — that his release will be announced in the very near future, and that there is no truth to the Miami Herald’s disturbing statement that both the Justice Department and the Defense Department “are still studying his file to decide whether to appeal to another civilian court rather than let him go.”
The identity of the other prisoner — released in Belgium — is not known. As the Miami Herald explained, he was “pointedly not identified” on arrival at the military airport in Melsbroek, and, in a statement, the Belgian foreign ministry “urged the media to protect his privacy,” noting that he was “being offered an opportunity to integrate into Belgian society ‘after a particularly difficult time in Guantánamo,’” and emphasizing that, although his nationality was not being identified in a further effort to protect his identity, he “had been cleared of charges by a US court.”
“He comes to Belgium as a free man,” the statement continued, adding that “all the necessary measures for adaptation and rapid integration are being provided.” According to another source, the man will actually be given a new identity on Belgium, to facilitate his prospects of finding a job, and, although I suspect that I know who he is — as there are only a few prisoners cleared by the courts who are seeking asylum in Europe — I will respect the Belgian government’s wishes and not advance my theory in public.
For this man, as for Khalid al-Mutairi, his release is long overdue (as a judge urged the government to take steps to release him “forthwith” up to six months ago), but, as with Fouad al-Rabiah, who remained behind while al-Mutairi was repatriated, it should not be forgotten that 15 other men, cleared by the courts up to a year ago, are also still in Guantánamo, where, it appears, not even a court victory is enough to secure their elusive freedom.
Note: The release of these two men brings the total number of prisoners held at Guantánamo to 222. This figure includes one man, Ali Hamza al-Bahlul, who is serving a life sentence after a one-sided trial by Military Commission last November (which is currently being appealed — PDF), and does not include another, Ahmed Khalfan Ghailani, a Tanzanian, moved from Guantánamo to the US mainland in May this year, who — in a sure sign that prisoners can be transferred to the mainland without endangering anyone — is in a federal prison awaiting a federal court trial scheduled to begin next September.
POSTSCRIPT: Arab Times has just published the following report about Khalid al-Mutairi’s return from Guantánamo:
Tears for Mutairi (an excerpt)
Tears of joy flowed freely when the relatives of detainee Khalid al-Mutairi received him on his arrival into the country from Guantánamo Bay early Friday. The meeting hall, where al-Mutairi was taken on his arrival in Kuwait, was transformed into a venue of celebrations when al-Mutairi reunited with his family after eight years in Guantánamo. The intensity of the reunion, combined with enquiries about al-Mutairi’s experiences and his state of health, compelled officials to extend the “meeting” to 35 minutes. The Chairman of the Relatives of the Kuwaiti Detainees Committee in Guantánamo, Khalid al-Odah [whose son, Fawzi al-Odah, had his habeas petition turned down on August 24], confirmed that al-Mutairi was in good health and no evidence of disease or illness had been observed. He added that al-Mutairi was accompanied by a delegation of security personnel and paramedics from Guantánamo Bay, who ensured that he was physically and mentally fit.
Al-Odah said al-Mutairi spoke about his experience at Guantánamo, revealing that he was detained for one year in a cell with Fawzi Al-Odah and met Fayiz al-Kandari and Fouad al-Rabiah regularly. Al-Mutairi added that he was separated from the others five days ago, after which procedures to return him to Kuwait were finalized. He also reported that the other detainees are in good health. Al-Odah disclosed that al-Mutairi is currently under observation at the Sheikh Jaber al-Ahmed Armed Forces Hospital and will be referred to the Rehabilitation Center after a week of routine investigations. It has been reported that the administration of the hospital has appointed only one member of the nursing staff to keep a check on the health of al-Mutairi. Security officers have already begun their investigation procedures. The relatives of al-Mutairi have been given permission to visit him during his stay at the hospital.
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK). To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook and Twitter). Also see my definitive Guantánamo prisoner list, published in March 2009, details about my film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash, and launched in October 2009), and, if you appreciate my work, feel free to make a donation.
See the following for articles about the 142 prisoners released from Guantánamo from June 2007 to January 2009, and the 17 prisoners released from February to September 2009, whose stories are covered in more detail than is available anywhere else –- either in print or on the Internet –- although many of them, of course, are also covered in The Guantánamo Files: June 2007 –- 2 Tunisians, 4 Yemenis (here, here and here); July 2007 –- 16 Saudis; August 2007 –- 1 Bahraini, 5 Afghans; September 2007 –- 16 Saudis; September 2007 –- 1 Mauritanian; September 2007 –- 1 Libyan, 1 Yemeni, 6 Afghans; November 2007 –- 3 Jordanians, 8 Afghans; November 2007 –- 14 Saudis; December 2007 –- 2 Sudanese; December 2007 –- 13 Afghans (here and here); December 2007 –- 3 British residents; December 2007 –- 10 Saudis; May 2008 –- 3 Sudanese, 1 Moroccan, 5 Afghans (here, here and here); July 2008 –- 2 Algerians; July 2008 –- 1 Qatari, 1 United Arab Emirati, 1 Afghan; August 2008 –- 2 Algerians; September 2008 –- 1 Pakistani, 2 Afghans (here and here); September 2008 –- 1 Sudanese, 1 Algerian; November 2008 –- 1 Kazakh, 1 Somali, 1 Tajik; November 2008 –- 2 Algerians; November 2008 –- 1 Yemeni (Salim Hamdan) repatriated to serve out the last month of his sentence; December 2008 –- 3 Bosnian Algerians; January 2009 –- 1 Afghan, 1 Algerian, 4 Iraqis; ; February 2009 — 1 British resident (Binyam Mohamed); May 2009 — 1 Bosnian Algerian (Lakhdar Boumediene); June 2009 — 1 Chadian (Mohammed El-Gharani), 4 Uighurs, 1 Iraqi, 3 Saudis (here and here), August 2009 — 1 Afghan (Mohamed Jawad), 2 Syrians to Portugal, September 2009 — 1 Yemeni, 2 Uzbeks to Ireland (here and here).
[...] Andy Worthington Featured Writer Dandelion Salad http://www.andyworthington.co.uk 11 October [...]
[...] Andy Worthington Featured Writer Dandelion Salad http://www.andyworthington.co.uk 12 October [...]
Thanks for another great article Andy. Apart from the article in the Arab Times which you mention, it seems there was also one in the Kuwait Times in which you feature extensively as an authority of this man’s innocence — I suspect in order to allay the fears of the authorities or local population or both. As far as the Yemeni detainees are concerned, one reason for the interminable hold up of the release of many of them is, I believe, because the US has been trying to get the Yemeni Govt. to incarcerate them (or at least keep tabs on them upon their return as the US knows that Yemen’s legal system is flexible enough for this to happen if they want it to). So far they have disagreed. It seems the US now would settle for a “rehabilitation” programme such as the one in Saudi. Either way the Yemeni Govt. does not want them joining forces with the northern rebels.
Thanks for that, and for pointing out the Kuwait Times article, available here:
The problem with all this caution, of course, is that it’s leading to a situation where it seems next to impossible for Yemenis to be released, even when they’ve been cleared for release by Obama’s own Task Force, as I explained here:
[...] at the cases of 31 of the prisoners (26 Yemenis, three Saudis and two Kuwaitis, one of whom has since been released), pointing out that, in theory, there was no reason for them not be released [...]
[...] a guest house in Pakistan, who triumphantly won his habeas corpus petition last May and was finally released by Obama in October. There were around 15 other men seized in that house — eight of whom are Yemenis — but [...]
[...] to Portugal; September 2009 — 1 Yemeni, 2 Uzbeks to Ireland (here and here); October 2009 — 1 Kuwaiti, 1 prisoner of undisclosed nationality to Belgium; October 2009 — 6 Uighurs to Palau; November 2009 — 1 Bosnian Algerian to France, 1 [...]
[...] and has preferred to either appeal them, or to release those who have won their petitions with extreme [...]
[...] and has preferred to either appeal them, or to release those who have won their petitions with extreme [...]
[...] are in a similar predicament, and that, although a few European countries have taken a handful of these men — and the administration has managed to dispose of ten of the remaining Uighurs in Bermuda and on [...]
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