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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 24 of the 70-part series. 304 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken.

However, although the Bush administration allowed habeas petitions to proceed, Congress attempted to strip the prisoners of their habeas rights in the Detainee Treatment Act in 2005, and the administration also responded to the Supreme Court’s ruling with its own inferior version of habeas, the Combatant Status Review Tribunals, a sham process designed to rubber-stamp their designation as “enemy combatants” who could be held indefinitely.

With just 38 prisoners cleared for release after the CSRTs, another review process — the annual Administrative Review Boards — took over, reviewing whether prisoners still had ongoing intelligence value, and whether they still posed a threat to the US. These were essentially the decisions being taken by JTF GTMO and CITF, and they reveal how, in the “War on Terror,” prosecuting criminals (the few genuine terror suspects in Guantánamo) and holding soldiers off the battlefield until the end of hostilities had largely given way to the strange mixture of threat assessments and intelligence assessments that fill the Detainee Assessment Briefs.

With 260 prisoners profiled in the first 20 parts of this project, this latest ten-part series covers the stories of the 111 prisoners released in 2006 (and the three who died at the prison in June 2006) and readers will, I hope, realize that almost all of these prisoners were freed because of political maneuvering rather than anything to do with justice. The largest groups released by nationality in 2006 were Saudis (45 in total — 15 in May 2006, 14 in June and 16 in December) and Afghans (35 in total — 7 in February, 5 in August, 16 in October and 7 in December).

I also hope that readers will reflect on the problems of over-classification that have been thoroughly chronicled in the preceding series analyzing the Detainee Assessment Briefs. My analysis to date has established repeatedly that even patently innocent prisoners seized by mistake were regarded as a “low risk,” rather than as no risk at all, and it is important for readers to bear in mind that the entire process of detaining and processing prisoners and exploiting them for their supposed intelligence was shot through with a drive to conclude that they were all a threat, and to overlook the distressing fact that most of them were seized in a largely random manner, mostly by America’s Afghan and Pakistan allies, at a time when substantial bounty payments were widespread, and were never subjected to anything that resembled an adequate screening process.

For further information, also see Part One (which contained eleven stories about prisoners from a variety of countries, mostly captured in Afghanistan, and including Yasser al-Zahrani, who died in Guantánamo in June 2006), and Part Two (which featured another eleven stories, mostly of prisoners who survived the Qala-i-Janghi massacre in northern Afghanistan in November 2001). Part Three featured another eleven stories, including some examples of prisoners who “returned to the battlefield” after their release, and the story of a Libyan prisoner whose fie is full of statements made by other Libyans, including Abdelhakim Belhaj, now active as a commander of the Libyan rebels, who were subjected to extraordinary rendition and torture in secret CIA prisons, before they were returned to Libya and imprisoned by Colonel Gaddafi. This fourth part tells eleven more stories, of prisoners seized, for a variety of reasons, crossing from Afghanistan to Pakistan after the US-led invasion in October 2001. Also see Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten.

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2006 (Part Four of Ten)

Mohammed Al Asadi (ISN 198, Yemen) Released December 2006

In “The Guantánamo Files: Website Extras (5) – Escape to Pakistan (The Yemenis),” I explained how Mohammed al-Asadi, who was 22 years old at the time of his capture, was seized crossing from Afghanistan into Pakistan, and was one of six prisoners transferred to Yemeni custody in December 2006 (and the only one of the six who was cleared for immediate release by the US authorities).

At Guantánamo, he was accused of traveling to Afghanistan in March 2001 “to fight the jihad,” serving as a guard at a Taliban center, and fighting for a month and a half with a Taliban group consisting mainly of Pakistanis, but in response, having agreed to attend his tribunal hearing to make a statement, he proceeded to say, “I do not wish to make a statement because there’s no use in making a statement or defending myself.” He added, “I have many statements and evidence and information that I could present, but there is no use in presenting them because you have classified information that I cannot see or look at to defend myself against them. There is no point in me saying anything.”

After this succinct demolition of the tribunals’ inbuilt bias, he said, “I don’t have any response” to all the allegations in the Unclassified Summary, and it was left to his Personal Representative (the military official assigned to the prisoners in place of a lawyer) to state that he had been “very cooperative” and had “exhibited very good behavior” during his pre-CSRT interviews, that he had stated that he had never fought against the United States, and that he wished to point out that “he was with the Taliban before they fought against the US or the Northern Alliance.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Asadi was a “Recommendation to Release or Transfer to the Control of Another Country (TR),” dated September 17, 2004, in which it was noted that he was born in July 1979, and had “a history of renalithasis,” but was otherwise “in good health.”

In telling his story, the Joint Task Force noted that, after graduating from high school in 1999, he worked for four months as the assistant manager for a real estate company, then quit and drove a bus owned by his family for another six months, until that vehicle was sold. While unemployed, he attended a lecture at a mosque in which a man named Muktar spoke about “the living conditions of Muslims worldwide, specifically regarding the Palestinian situation,” and afterwards, when he “expressed his interest in helping Muslims,” Muktar told him “it was impossible to help the Palestinians,” and “instructed [him] to travel to Afghanistan, to fight in a jihad against [Ahmed Shah] Massoud’s [Northern Alliance] forces and to assist the Taliban government in the construction of an Islamic state.”

Having arranged his transport, Muktar sent al-Asadi on a well-worn route to Afghanistan, via Karachi and Quetta in Pakistan, despite his family’s objections, at the end of March 2001. After arriving at a guesthouse behind the front lines in Kabul, he said that he told the man in charge of the guesthouse, Abu al-Laith (possibly Abu Laith al-Libi, a veteran of the mujahideen resistance to the Soviet Union, who was reportedly killed in a drone strike in Pakistan in January 2008), that he had “handled weapons in Yemen, that he was experienced with the Kalashnikov rifle, and that he intended to stay in Afghanistan for about four months.” He added that the Taliban “used simple and unorganized tactics, which did not require him to have had prior training,” and that the center he was staying in “was never attacked and was basically used for support.”

In his six weeks at the center, he said that he was frequently given guard duty to perform, and, interestingly, added that a “group of Arabs performing charity missions would periodically visit the guesthouse” and “talk with [him] about the Taliban fighting against other Muslims.” After a number of these meetings, he said, “the group convinced [him] to leave the center and join their mission.” He said that he “was permitted to turn in his weapon, join the charity group, and move to an abandoned house, where he loaded trucks and moved supplies.” It was there, he said, that he heard about the 9/11 attacks, and he then traveled to Jalalabad, “where he was arrested by the Northern Alliance and taken to Kabul, AF, only to be released later.”

He then left for Pakistan with an unidentified “group,” traveling with a guide who “informed them that a group in the mountains of Tora Bora, AF, could provide safe passage to Islamabad,” and said that, despite heavy US bombing in the mountains, he and approximately 20 others “arrived in an unidentified Pakistani village, where they rested,” but were then “taken to a large mosque in the village, where the Pakistani police detained the group and transported them to a jail outside of Peshawar.” They were then supposed to be taken by bus to another prison, but “passengers of one of the buses rioted” and “some of the prisoners escaped,” so the buses returned to Peshawar. The prisoners were then taken to a Pakistani military prison, where al-Asadi stayed for 15 days, and was then handed over to US forces and taken to the US prison at Kandahar airport.

He was sent to Guantánamo on May 6, 2002, apparently because of his “ability to provide information on: A possible Al-Qaida or Taliban recruiter and travel facilitator named Muktar, A Taliban safehouse in Quetta, PK, The area of the front located north of Kabul, AF [and] Taliban and Al-Qaida activities in the Tora Bora Region in Afghanistan.”

However, as I explained in my article, “How to Read WikiLeaks’ Guantánamo Files” (originally published on WikiLeaks’ website when the Guantánamo files were first published, as part of my work liaising between WikiLeaks and its media partners):

[T]he “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression given in the files, no significant screening process took place before the prisoners’ transfer. As Chris Mackey, a senior interrogator who worked in Afghanistan, explained in a book that he wrote about his experiences (The Interrogators), every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

In assessing his story, the Task Force noted that, although he “participated in jihad, obtained false passports [for his travel to Afghanistan], and trained with the Taliban,” he had been “cooperative and consistent.” It was also noted that his “intelligence value ha[d] been substantially, if not fully, exploited,” and that JTF GTMO had assessed that there was “little or no additional relevant information to be gained” from him, and had determined that he was “of low intelligence value.”

It was also noted that, in Guantánamo, his “overall behaviour ha[d] been generally non-compliant and aggressive,” and he “only had a limited number of passive-aggressive incidents,” and, moreover, that “further confinement may only lead to greater disdain for the US and its allies.”

The Task Force concluded that he had been assessed as “not a member of Al-Qaida and/or its global terrorist network,” adding that his “youth, unemployment, and uncertainty about his future goals allowed him to be easily influenced, making him a prime candidate for jihad.” It was also noted that he “apparently had high expectations of the Taliban, only to discover that it did not offer what he expected.” The Task Force also expressed some doubt about his claim that the Taliban allowed him to leave the front lines to do charitable work, noting that, according to other accounts, “individuals who fled the front lines were shot,” although it was also noted that “this was prior to 11 September 2001, and the detainee’s role in the Taliban was not of great importance.” As a result, he was determined to pose “a low risk, as he is not likely to pose a threat to the US, its interests and allies,” and Brig. Gen. Jay W. Hood, the commander of Guantánamo at the time, recommended that he be “released or transferred to the control of another country.”

On his release, two years and three months later, he was the only one of the six prisoners returned to be freed immediately, and he told Gulf News that “he was released because there was no charge against him and that his file was found ‘clear.’” He also said that, “[b]efore being released, he signed a paper here that he would not participate in any armed activity,” and explained, “Now, I’m going to start a normal life, to find a job, to get married, and generally settle down.”

In January 2007, he spoke to Gulf News again, explaining that a new hunger strike has started at Guantánamo just before his release, and that it had started “mainly because of harassment while praying or while reading the Quran.” Al-Asadi added, “The soldiers interrupt the brothers from time to time even while praying, they inspect the Quran, they inspect their private organs, only to create psychological pressure on them.” He also explained that “the treatment in general [had] become very bad in terms of food, clothes, medicines, blankets,” as Gulf News described it. “They take the blankets at dawn when it’s extremely cold,” he said.

Finally, when asked “why the Americans released him and the other five inmates,” he said, “They told us your release is a special favor to the six of you.” He added that “he refused to sign a US paper pledging he would not join Al-Qaida or the Taliban,” and explained, “They told me that I no longer pose a threat to them but they asked me to sign a paper, which says if you join Al-Qaida and or Taliban, then US has the right to arrest you once again. But I refused to sign that paper. I said I’m now like anyone outside the prison, I’m innocent.” He also said that “the US government had asked the Yemeni authorities to put them in prison,” noting, “There was an agreement between them and our government that we be sent to a prison not to our homes, but I don’t know about how long they agreed we should stay in prison before being released.” This was interesting, as it did not apply to him, but it was probable that the US authorities tried to putt pressure on the Yemeni government to keep the other five in prison, as had happened with the few men released previously.

In conclusion, he explained, in a version of the article in the Yemen Observer, that “he was exposed to less abuse than others during investigations in Guantánamo. “They used to interrogate me every month, but for the last year and a half I have had no more interviews at all,” he said. “The reason for that is that they collected information about me from other various sources and found I did nothing. I told them explicitly that I came to Afghanistan for Jihad. I did not kill Americans; I went there before Americans came. So they had nothing against me to say that I had killed Americans or any of their allies. They had no hard evidence to bring me to court.”

He added, “They care for the truth, yes, but they do not believe the man — any man – - was not fighting. They do not believe he entered for anything else. They have an idea that any Arab in Afghanistan or Pakistan is a terrorist.” He also explained that, before leaving Guantánamo, the prisoners “were allowed to call lawyers, but he “did not call any because he had never organized any lawyer before as he thought the issue was only political and could not be solved by courts.” “I told them the lawyer is American, the judge is American, the jailer is American, and the opponent is American,” he said.

Abdullah Al Yamani (ISN 206, Saudi Arabia) Released December 2006

In Chapter 2 of The Guantánamo Files, I explained how Abdullah al-Yamani, who was 34 years old at the time of his capture, was accused in his review board at Guantánamo of knowing both Abu Musab al-Zarqawi (the leader of Al-Qaida in Iraq, who was killed in 2006) and the torture victim and CIA “ghost prisoner” Abu Zubaydah. He denied the allegations, and spoke very little about his time in Afghanistan, much of which was apparently spent in a safehouse in Kabul.

It also transpired that he was a survivor of what has become known as the Qala-i-Janghi massacre, when, he said, he was shot in the leg. The massacre took place in an ancient fort in northern Afghanistan, where hundreds of Taliban foot soldiers (and some civilians swept up by mistake) were taken by General Rashid Dostum’s Northern Alliance forces after surrendering as part of the fall of Kunduz, the last Taliban-held city in the north, at the end of November 2001. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement. 100 to 130 prisoners died in the flooding, and, in total, it is estimated that at least 360 prisoners in total were killed in the massacre.

In the documents released by WikiLeaks in April 2011, the file relating to al-Yamani was a “Recommendation for Continued Detention Under DoD Control (CD),” dated December 16, 2005, in which he was also identified as Abdullah Muhammed Abdel Aziz and Abdullah Mohammad Mohammad Yahia al-Edaini, and it was noted that he was born in 1976. It was also noted that he was “in good health,” although he had a “history of GSW [gunshot wound] to left foot prior to his detention,” had been “evaluated by orthopaedic surgery and podiatry,” had “a history of haemorrhoids,” and “went on hunger strike in July 2005.”

In telling his story, the Joint Task Force noted that he had left secondary school without graduating, had worked for a while as a receptionist, and had then secured work with his father, and that, while obviously unsure about his future, he met a man named Ibrahim at a mosque in Medina who “explained verses of the Koran, which mandated that a Muslim’s duty was ‘to prepare himself to stand against anyone who is against Islam,’” and told him “he could get free training, specifically on the Kalashnikov, in Afghanistan.” He said that he left for Afghanistan in the summer of 2001, “with travel instructions from lbrahim,” but “no contact information,” because, he said, the “Arabs would provide him with the guidance he needed.”

Taking a land route via Iran, rather than flying to Karachi, he arrived in Kabul, via Herat and a guesthouse in Kandahar, and undertook training at a camp outside Kabul that was identified as the Malek Center, where he stayed between four and six weeks. He claimed he was taken to the front lines twice, “but was not issued a weapon, remained in the rear, and did not fight,” and also claimed that, after training, he stayed in the Kabul guesthouse until “he heard that Kabul was to be bombed by US forces,” when “he reportedly fled to Kunduz,” and stayed in another guesthouse, before surrendering to General Dostum’s forces at Mazar-e-Sharif.

Describing the Qala-i-Janghi massacre, and al-Yamani’s experience of it, the Task Force noted, “A riot erupted; detainee was shot in the leg and then escaped to the basement of the castle to hide. He denied taking an active role in the uprising. After several days [actually a week], the group was allowed to surrender and the Red Cross treated detainee. He was taken to a jail in Sheberghan, AF, and delivered to US custody on 01 January 2002″ in Kandahar. He was sent to Guantánamo on January 21, 2002, on the spurious basis that it was to “provide information on the following: Taliban safe house used for mission planning and rest in the city of Kunduz, AF [and] Taliban controlled farm on the outskirts of Kabul, AF, where small arms training was conducted.”

In assessing his story, the Task Force claimed that he had “provided incomplete accounts of his activities,” which made it “difficult to assess his true role within the jihadist network.” It was assessed that he had probably attended a basic training camp before the Malek Center, but facts were elusive. He was, however, assessed as being “of medium intelligence value,” even though it was acknowledged that there was “no evidence” to indicate that he “had direct access to leadership” (which perhaps helps to evaluate how generally insignificant “medium” is in this context) and of posing “a medium risk, as he may pose a threat to the US, its interests and allies,” primarily because he was assessed as “an Al-Qaida member who received militant training at an Al-Qaida supported training camp in Afghanistan and resided in several Taliban/Al-Qaida guesthouses.” He was also assessed as being “a moderate threat from a detention perspective,” because his “overall behavior ha[d] been non-compliant, yet non-hostile to the guard force and staff.”

However, what probably counted most in his favor was that, “After the July 2002 Saudi delegation visit, detainee was identified by the Saudi Ministry of Interior, General Directorate of Investigations (Mabahith) as one of the seventy-seven Saudi nationals of low intelligence and law enforcement value to the US Government but of whom [sic] the Saudi Government would attempt to prosecute if transferred to their custody from JTF GTMO.”

This, in turn, presumably led to the Task Force observing that, although Maj. Gen. Hood recommended him for “Continued Detention Under DoD Control,” updating a similar recommendation on May 21, 2004, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO). A visiting Saudi delegation indicated that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution.”

Anwar Al Nurr (ISN 226, Saudi Arabia) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Anwar al-Nurr, a teacher who was 24 years old at the time of his capture, was one of three humanitarian aid workers arrested in Pakistan, despite only traveling to Afghanistan for charitable purposes. After watching TV footage of refugees fleeing to the Iranian border after the US-led invasion began, he and school principal Rashid al-Qa’id (ISN 344, see Part Six of this series), and another teacher, Wasim al-Omar (ISN 338, also see Part Six), decided to travel to the border to provide humanitarian aid. After spending a few days in Afghanistan, when they distributed money in refugee camps, they were not allowed back into Iran “due to prejudice; we were Sunni and they were Shiite.” They then stayed for a month in a hotel on the border, “trying and failing multiple times” to re-enter Iran, before deciding that their only hope was to cross into Pakistan.

Al-Omar explained that when they reached the border, the police told them to “go in an unofficial way, by bribing them,” but they refused because they wanted their actions to be legal. As a result, when they passed through a checkpoint, “They took my passport and that’s when [we were] put in prison for no reason.” Describing his feelings about being sold, he said that he heard that the going rate was between $5,000 and $8,000 a head, and explained, “It’s a hard truth when human beings are sold and bought. That makes us go all the way back, when humans had no value. It’s a shame for all human beings in general, and all the people who believe in human rights.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Nurr was a “Recommendation for Continued Detention Under DoD Control (CD),” dated April 28, 2006, in which he was identified as Anwar al-Nur and Anwar al-Shammeri, and it was noted that he was born in November 1969, and, if this was correct, was therefore not 24 years old when he was seized, but 32 years old. It was also noted that, in common with many of the prisoners, he had latent TB,” and it was also noted that he had “a hernia repair and nose surgery, both prior to detainment,” and that, in Guantánamo, he was being “followed by psychiatry for adjustment disorder,” and he “went on a hunger strike in September 2005.” Elsewhere, it was stated that he “participated in the July and August to September total voluntary fasts,” and, on August 13, 2005, “turned in all of his comfort items declaring, ‘I want to live like my brothers,’ referring to the non-compliant detainees in Camps 2/3.”

In telling his story, the Joint Task Force noted that he “graduated from the Islamic University of Medina, SA, in 1994 and taught religion in Al-Jawf, SA” until 1997, when he “left teaching and went to work in an administrative position at the AI-Jawf Board of Education,” until, in 2000, he “took a leave of absence to travel to Afghanistan (AF) to do charity work.”

Al-Nurr said that, in July 2001, after meeting Ziyad al-Harbi, a humanitarian aid worker in his hometown, who worked with the organization Al-Ighatha (“Aid,” in Arabic, and almost certainly Al-Wafa, the Saudi charity regarded as a front for terrorism, although this was never proved), he confided in this man that he had “decided to take a leave of absence from his job and travel abroad to do charity work in accordance with the mandates of the Koran.” This man told him about his work as an Al-Ighatha volunteer, and he decided to go to Khost, in Afghanistan, to volunteer on behalf of Al-Ighatha In October 2001, traveling with al-Harbi and two other friends, identified as Otaibi (not identified further) and Wasem (presumably Wasim al-Omar).

The men arrived in Herat, Afghanistan, via Iran, and al-Nurr then left Otaibi and Wasem in Herat to do charity work with Al-Ighatha, while he and al-Harbi traveled to Khost, where they met a man named Muhammed al-Harbi who was not identified further, but may have been a relative of Ziyad’s. Al-Nurr and Ziyad then stayed in a house rented by Muhammed and another man, Abdallah al-Juhani, “working with orphans for a little over a month,” until, sometime on November 2001, he “departed Khost because it had become too dangerous to work there any longer.”

He said that he and approximately eight other people then traveled to the border with Pakistan, where they “encountered a Pakistani Army Unit and gave themselves up.” He was then turned over to US forces in Kohat on January 2, 2002, and flown to Kandahar, and was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on the following: Activities in Ceuta, Spain [and] Ahmad Abd al-Rahman Ahmd ISN US9SP-000267DP [aka Ahmad Abd al-Rahman Ahmad or Hamed Abderrahman Ahmad, ISN 267, released in February 2004, and profiled here].

This should have been a straightforward story, but as the reasons for transfer noted above indicate, al-Nurr’s story was regarded as deeply suspicious by the Task Force, which assessed him as “a probable member of Al- Qaida,” who used “a standard Al-Qaida cover story to explain his presence in an area highly populated with jihadists.” It was also claimed that his name “was found on Al-Qaida associated documents,” that “he was captured with a senior Al-Qaida operative and other Al-Qaida members,” and that he had “a history of support to violent jihad.”

To reach these conclusions, the Task Force claimed that “[a]ctual events” (whatever that means) “place[d]” al-Nurr as part of “a group of individuals who crossed in the Nangarhar region of the Afghani-Pakistani border in mid-December 2001,” which was “assessed to be the group of Al-Qaida affiliated fighters led out of Tora Bora by Ibn al-Sheikh al-Libi [aka Ibn al-Shaykh al-Libi, a CIA "ghost prisoner" who was eventually returned to Libya, where he died in May 2009, and who was given the ISN number 212, even though he was never officially held at Guantánamo].

According to the Task Force, this was the group welcomed by Pakistani villagers, but then told to congregate in a mosque, “where they were immediately surrounded by Pakistani forces and hauled away in large trucks,” although it is unclear how, in the chaos of capture, US forces could be clear that al-Nurr was in that particular group, as no one in Guantánamo could be persuaded to claim that they had been with him. In fact, the only person in Guantánamo who claimed to have seen him anywhere was Yasim Basardah (ISN 252), a Yemeni renowned as the most prolific and unreliable informant in Guantánamo, responsible for providing false information about many dozens of his fellow prisoners, who identified al-Nurr as Anwar al-Joyfey (aka al-Jawf or al-Joufi) and claimed that he had been in Tora Bora (the site of a showdown between Al-Qaida and US forces in November and December 2001) with another prisoner, Khalid al-Barakat (ISN 322), who was released in September 2007.

As an example of how difficult it is to be sure of the truth when it comes to the capture of the prisoners sent to Guantánamo, al-Nurr’s file also noted that, from the mosque, a prisoner on one of the trucks “attacked a guard leading to a struggle in which six Pakistani guards were killed and some prisoners were able to escape,” but this was simply not true, as this incident took place on a bus, and also took place several days after the men’s initial capture, when the intention was to transfer them to another prison.

Primarily, the Task Force’s suspicions about al-Nurr were aroused because the Saudi authorities claimed that his statement that “he took a leave of absence from work to perform humanitarian work” was not true, and that “his leave of absence was denied and he simply left his job and the country.” Even if true, this does not prove that he left for jihad, but what also caused consternation to the Task Force were claims that his name was found on various documents associated with Al-Qaida, and that “his pocket litter contained numerous names and phone numbers that require further exploitation, although some are known to belong to Al-Qaida members.”

The reference to his name being found on documents (from computers seized in house raids) surfaces in many other prisoners’ files, and is problematical primarily because some of these involve lists of alleged fighters compiled after the prisoners’ capture, presumably based on information that was leaked by the Pakistani authorities, and that was then made available by pro-jihadi sites on the Internet, even though the decision to describe them as fighters may only have been propaganda by those seeking to use the captured men for their own ends.

As for the pocket litter, that was superficially more troubling, as it was alleged that al-Nurr had pieces of paper with the names of some of his fellow prisoners, who were identified by the Task Force as having connections to Al-Qaida. The prisoners were Abdullah al-Wafti (ISN 262, released in November 2007), Ziyad al-Bahuth (ISN 272, released in December 2007, who was misidentified as Ziad Il Bihawith), Mohammed El-Gharani (ISN 269, a former child prisoner released after winning his habeas corpus petition in 2009, and misidentified as Yousef al-Qarani), and, as noted above, Ahmad Abd al-Rahman Ahmad, (ISN 267), the Spanish prisoner also identified as Hamed Abderrahman Ahmad, who was released in 2004.

All of these men were described either as “assessed Al-Qaida operatives” (al-Wafti and al-Bahuth), “an assessed Islamic extremist with close ties to Al-Qaida (El-Gharani), and an Al-Qaida recruit who was “groomed to lead an Al-Qaida cell in Spain” (Ahmad), but all of the above is nonsense. The first two men claimed that they were in Afghanistan for humanitarian aid, Mohammed El-Gharani’s alleged Al-Qaida ties consisted of being involved in an Al-Qaeda cell in London when he was eleven years old and had never left Saudi Arabia, and Ahmad was cleared by the Spanish Supreme Court in 2006.

Nevertheless, despite having nothing resembling evidence to confirm that al-Nurr was a threat, the Task Force assessed him as being “of medium intelligence value,” and “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that he was “a moderate threat from a detention perspective,” because his “overall behaviour ha[d] been non-compliant and sometimes hostile to the guard force and staff.”

The Task Force also noted that, although the Saudi Mabahith had “provided information on thirty-seven detainees whom they designated as high priority,” creating a list on which he “was twenty-second,” Saudi intelligence then revised their opinion, and it was noted, “After the 2002 Saudi delegation visit detainee was identified by Mabahith as one of the 77 Saudi nationals of low intelligence and law enforcement value to the US Government but whom the Saudi Government would attempt to prosecute if transferred to their custody from Guantanamo Bay.” Crucially, however, an analyst noted that “JTF GTMO does not concur with the Saudi Government assessment of detainee’s threat and intelligence value.”

As a result, Rear Adm. Harry Harris, the commander of Guantánamo at the time, recommended him for continued detention at Guantánamo, updating a previous assessment to retain him under DoD control, which was dated August 23, 2005, although it was noted that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO).” Of significance was the Saudi delegation’s indication “that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution.”

Salah Al Balushi (ISN 227, Bahrain) Released October 2006

In Chapter 7 of The Guantánamo Files, I explained how Salah al-Balushi (also identified as Salah al-Blooshi), who was 20 years old at the time of his capture, went to Afghanistan on a humanitarian mission, although, in Guantánamo, he was obliged to fend off all manner of allegations about his purported associations with Al-Qaida. I also noted that he had not spoken since his release.

In the documents released by WikiLeaks in April 2011, the file relating to al-Balushi was a “Recommendation to Release or Transfer to the Control of Another Country for Continued Detention (TRCD),” dated November 17, 2005, in which it was noted that he was born in December 1981, and was “in good health.”

In telling his story, the Joint Task Force noted that he “played guitar for a Reggae band in Bahrain prior to his conversion to the strict Salafi sect of Islam in the second year of high school, aged 17,” and that, in 2001, he was a student at a religious college in Medina when he became interested in the Taliban’s destruction of the ancient Buddha statutes in Bamiyan province, and decided to visit the country. Using money saved from his student allowance, and having informed his father of the trip, he set off for Balochistan province (via Karachi) in July 2001, staying with a friend for three weeks, and then traveling on to Kandahar, where he had been given a contact, and then Kabul, where he had been given another contact.

According to his account, he then “became very sick and required hospitalization for approximately 1.5 months.” When he was discharged, he “made the decision to leave because of the dangerous atmosphere in Kabul.” However, although he had left his passport for safekeeping at the house where he had been staying, another patient told him that he had heard that this man, Muhjin Al-Taifi, had left for Jalalabad. After traveling to Jalalabad, he said, “he became sick again,” and “spent another month in a hospital,” and then made his way with another man, Abu Yayha al-Masri, to the Pakistani border “without reacquiring his passport,” and was “captured in a village just inside Pakistan by the Pakistani army,” and “turned over to US custody on 2 January 2002 from Kohat, PK.” After being held in Afghanistan for five months, he was sent to Guantánamo on May 1, 2002, on the spurious basis that it was “to provide information on the following: Various safe houses throughout Afghanistan and the persons who ran them [and] General information on routes of ingress and egress for Afghanistan.”

In assessing his story, the Task Force claimed that he was “a probable member of Al-Qaida,” whose “[f]ew admitted associates ha[d] significant roles and responsibilities within Al-Qaida,” and it was also claimed that his name “was found on several documents recovered from Al-Qaida safe houses which list detainee among other Al-Qaida members.” I highlighted the problem with this latter claim in the profile of Anwar al-Nurr (above), and when it comes to the claim that al-Balushi was “a probable member of Al-Qaida,” the main grounds for this presumption were the alleged Al-Qaida connections of the people he stayed with in Balochistan, Kandahar and Kabul, which does not establish much about al-Balushi himself, especially as there are no claims that he undertook training or ever took up arms against US or coalition forces.

With nothing else to go on, the Task Force assessed al-Balushi as being “of medium intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies.” He was also “assessed as a moderate threat from a detention perspective,” as his “overall behaviour ha[d] been non-compliant, but rarely hostile to the guard force and staff,” and, after pointing out that he had previously been recommended to be retained under DoD control (on February 18, 2005), Maj. Gen. Hood noted that, based upon unspecified information obtained since his previous assessment, it was now recommended that he be “Transferred to the Control of Another Country for Continued Detention (TRCD),” but only “[i]f a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence.” It was also noted, “If a satisfactory agreement cannot be reached for his continued detention, he should be Retained under DoD control (CD).”

Prior to his release, on July 23, 2006, one of his lawyers, Joshua Colangelo-Bryan, described his “last interrogation” in an article in Gulf Daily News. After stating that “the camp authorities acknowledge[d] that 75% of the detainees [we]re no longer interrogated,” he “estimated that even fewer detainees [we]re currently being interrogated than US spokesmen acknowledged,” and explained that al-Balushi had “not been interrogated at all in 2006,” and that, during his last interrogation, he “was asked about his activities in the war in Bosnia in 1995. Salah responded that he had been aged 14 in 1995 and wasn’t anywhere near Bosnia. When Salah refused to get into a long discussion in response to such a silly question, his interrogator said that he didn’t want Salah to stay at Guantánamo until his hair turned white. Salah understood this statement as a threat.”

Abdullah Kamel Al Kandari (ISN 228, Kuwait) Released September 2006

In Chapter 7 of The Guantánamo Files, I explained how Abdullah al-Kandari, who was 28 years old at the time of his capture, was an engineer for the ministry of water and electricity and a father of four, and was also a well-known figure in Kuwait, as he played volleyball for the national team.

In Guantánamo, he said that he was moved by the plight of refugees fleeing to Iran after the US-led invasion began. He took a ten-day vacation and traveled to the Afghan border, where he gave $15,000 to a humanitarian aid worker who bought food and blankets for the refugees, but when he tried to return to Iran he was told that the borders were closed to Arabs. His Afghan guide then took him to Jalalabad, to look for a way into Pakistan. Describing what happened next, al-Kandari said, “He put me in a home and he went back to the border. They told him, no, I couldn’t leave the country because I am Arabic. I was then moved from home to home. The problems got worse. The people there wanted to kill Arabs. I was told to be careful and don’t go anywhere. I was always stuck in a small room and never went out.

When his guide gave up on the legal approach, he found two men to take him to the border, who seem to have betrayed him for money. After keeping him in a house for a few days, they took him to the mosque where dozens of others were taken by local villagers, and it was here that he was handed over to the Pakistani army.

In an article based on an interview with al-Kandari for McClatchy Newspapers’ major report on 66 released  Guantánamo prisoners in 2008, it was noted, by Tom Lasseter, that, in his tribunal at Guantánamo, he “listened to three pieces of evidence that, combined with classified information that he wasn’t allowed to see, formed the US government’s case that he was an enemy combatant who could be held indefinitely.” Lasseter noted that, although some prisoners were accused of “having ties to Al-Qaida leaders, working with charities that funded terrorist attacks, taking part in battles against American forces in Afghanistan, having advance knowledge of the Sept. 11 attacks, training at terrorist camps,” al-Kandari “wasn’t one of them.”

He added, “It isn’t possible to be certain why he went to Afghanistan in September 2001 — he claims it was for charity — but the evidence against him that day was thinner than what was presented against men who were released months, sometimes years, before he was.”

He also explained that the first piece of evidence was that al-Kandari “traveled to Afghanistan, via Iran, in late September 2001 with $15,000 in cash,” which he acknowledged as true, but stated that he had traveled to Afghanistan “to fulfill his Islamic duty to charity and had given all but $2,000 of the money to Afghan families.”

The second and third allegations were even more ridiculous. One involved a claim — aired against many prisoners — that he “wore the same model Casio watch that Al-Qaida members used to detonate bombs,” and the third was that an alias of his ”was found on a computer owned by a senior Al-Qaida leader.” In attempting to unravel this mystery, al-Kandari asked, “Can you tell me the name that was found in the computer?” but was told, “We don’t have that information in the unclassified evidence,” by the tribunal president, a US Air Force colonel.

As Tom Lasseter described it, al-Kandari “tried to guess what the alias might have been, but he got no response from the three officers, according to the transcript. ‘Why he put my name in the computer, I don’t know. They don’t know me; I swear they don’t know me … The problem is the secret information; I can’t defend myself,’ Kandari said.”

The tribunal, of course, duly ruled that al-Kandari was an enemy combatant, and, as Lasseter noted, in his review board hearing the year after, more unsubstantiated and irrefutable allegations were made: that “he attended basic training held by Libyans in Afghanistan in 2000, that he had connections to Al-Qaida members and that he knew someone in Kuwait who’d been described as a legal adviser and friend of Osama bin Laden.” As Lasseter also explained, it wasn’t clear where the additional charges came from, and Tom Wilner, his lawyer at the time, “said that when he saw the new allegations from the review board he went to review classified intelligence files that should have had information substantiating the charges. But, he said, there was nothing new in those files. Wilner said he was left to assume that the charges were the result of other detainees who were trying to gain favor with interrogators — and quicker release — fabricating stories about their cellmates.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Kandari was a “Recommendation for Continued Detention Under DoD Control (CD),” dated December 27, 2005, in which he was also identified as Abdullah Kamel Abdullah, and it was noted that he was born in September 1973. It was also noted that his “in processing BMI [body mass index] on 11 Feb 02 was 20%,” that he had an allergy to soybean oil, peanuts and corn,” and that he “went on hunger strike in October 2002 and September 2005.”

In telling his story, the Joint Task Force noted that he “was employed at the Kuwaiti Electric and Water Institute, where he supervised employees conducting potable water line repair and monitoring the mineral composition of the water,” but that, after September 11, 2001, he decided that “he wanted to help the children and the poor in Afghanistan,” and visited a mosque where an Afghan man, Kulaam, provided him with a letter of introduction and an address in Herat. He then traveled to Afghanistan with the $15,000 mentioned above, flying to Iran, and then traveling by taxi to Herat, where, he said, he spent two weeks “purchasing and distributing 13,000 USD worth of humanitarian supplies to nearby refugees,” using “rented vehicles to distribute the supplies to refugees on the Afghanistan and Iran border.”

Al-Kandari said that “he tried returning home to Kuwait several times, but was repeatedly denied entrance at the Iranian border despite having entered Afghanistan legally.” He then gave up, travelling to Jalalabad,where he stayed for up to two months, and then “paid 100 USD to Afghani guides to smuggle him into Pakistan,” and was “arrested at a mosque on 17 December 2001″ with others caught fleeing Afghanistan. As the Task Force noted, he “was captured without documentation, which he claim[ed] was lost during his travels,” and he also “denied he was acquainted with the individuals with whom he was captured.”

The Pakistani authorities subsequently transferred him to US custody on January 2, 2002 at Kohat, and he was then flown to the US-run “Kandahar Detention Center.” He was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on the following: Safe houses in Jalalabad and Herat [and] Additional information on his activities in Afghanistan between 1 September and 30 December 2001 in Afghanistan.”

In assessing his story, the Joint Task Force refused to accept the thinness of the allegations against him, claiming that his story of “performing charity work in Afghanistan [was] a common cover story for Arab fighters,” and also noting that he had “omitted details of places and individuals met during the approximately 100 days spent in Afghanistan, especially his time in Jalalabad.”

In attempting to defend this position, the Task Force claimed that Adel al-Zamel (ISN 568, released in November 2005) said that al-Kandari had traveled to Afghanistan previously, in 2000, allegedly for “training,” but there is no way of knowing how accurate this was. Certainly, the Task Force suggested, as they did with most of the Kuwaitis, that they had all “possibly brought funds to the Al-Wafa non-governmental organization (NGO) in Kabul,” which was regarded as a front for terrorism, although this was never proved. Probably the most troubling allegation against al-Kandari was an unattributed claim that he “was with his cousin Faiz Mohammed Ahmed al-Kandari [ISN 552, still held] in Tora Bora in November 2001 when they requested to meet and possibly travel with UBL [Osama bin Laden],” although this also seems dubious, as does further information — an analyst’s note, for example, claiming that the al-Kandari cousins “were possibly being looked at as bodyguards of UBL’s entourage as they traveled through Tora Bora.”

In its assessment, the Task Force decided that he was “of medium intelligence value,” and that he posed “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that he was “assessed as a moderate threat from a detention perspective,” because his “overall behaviour ha[d] often been compliant with occasional hostility to the guard force and staff.” As a result, Maj. Gen. Hood recommended him for continued detention at Guantánamo, updating a recommendation for him to be retained in DoD control, which was dated April 17, 2004, and his release became dependant on pressure exerted by the Kuwaiti government, a staunch US ally, of course, as a result of the first Gulf War in 1991.

Mohammed Laalami (ISN 237, Morocco) Released February 2006

In “The Guantánamo Files: Website Extras (2) – Tora Bora,” I explained how Mohammed Laalami, who was 25 years old at the time of his capture, was accused of training at the Al-Farouq military training camp in Afghanistan, but said in Guantánamo that this was something that he had admitted “when I was captured and being beaten and threatened with death.” He added, “I have spoken with a lawyer here and the Red Cross in Kandahar. I and others were being beaten and admitted to things that were not true.”

According to his version of events, he went to Afghanistan for two months “as a pilgrimage” with his family, although he later admitted that he was captured alone, and was not asked to explain what had happened to his family. Refuting an allegation that he was captured by Northern Alliance soldiers in Tora Bora, he said, “I was captured in a small village in Jalalabad by Afghans. I did not have a weapon.”

In the documents released by WikiLeaks in April 2011, the file relating to Laalami was a “Recommendation to Retain under DoD Control (CD),” dated December 27, 2003, in which he was identified as Suleiman M. al-Alami, born in January 1976, and it was noted that he apparently “claimed he was recruited in Morocco by Ahmed Rafiki, who was a leading member of the Moroccan Islamic Fighting Group (MIFG), to travel to Afghanistan (AF) to train and fight Jihad on behalf of the Taliban.” He apparently moved his family to Kabul, where he was apparently supposed to train with the Libyan Islamic Fighting Group (opponents of Colonel Gaddafi), but “his training was delayed,” so he allegedly “shifted his affiliations to Al-Qaida,” which sounds like an implausible shift of allegiance, and trained at Al-Farouq.

In late November 2001, as the Northern Alliance took Jalalabad, he and others apparently “fled towards the Tora Bora Mountains where they took refuge before fleeing over the Pakistan border.” Laalami “was captured by Pakistani Army units and turned over to US control,” and was sent to Guantánamo on February 2, 2002, on the spurious basis that it was “because of his knowledge of Taliban recruitment, training, and tactics as well as his possible affiliation with Al-Qaida.”

In assessing Laalami, the Task Force claimed that he was “a self-admitted member of the MIFG,” described as a Tier 2 terrorist organisation,” and also claimed that he was “a probable member of Al-Qaida” and had “a confirmed affiliation with the LIFB [presumably the LIFG],” described as “a Tier 3 terrorist organisation.” Noting that he had apparently “admitted to having trained at Al-Farouq on advanced courses such as tactics and explosives,” had been at Al- Farouq “when Osama Bin Laden visited twice to encourage and reinforce the trainee’s commitment to the cause of Jihad,” and had “also admitted to having had personal contact with senior extremist leaders,” the Task Force described him as “a dedicated Islamic extremist,” who “remains dedicated to Jihad.”

It was also noted that, although he had been “forthright,” he had “not disclosed any information that could be used as actionable intelligence.” It was also assessed that he would “remain loyal to his extremist organizations,” and, as a result, he was assessed as being “of moderate intelligence value to the United States,” and of posing “a high risk as he is likely to pose a threat to the US, its interests or its allies,” and Maj. Gen. Geoffrey Miller, the commander of Guantánamo at the time, recommended that he be “[r]etain[ed] under DoD control.”

However, it was clear that the Criminal Investigative Task Force disagreed, although, “In the interest of national security and pursuant to an agreement between the CITF and JTF GTMO Commanders, CITF [deferred] to JTF GTMO’s assessment that [he] pose[d] a high risk,” and it took another two years and two months until he was released.

In November 2006, Laalami and the other two Moroccans released with him in February 2006 — Najib Lahcini (ISN 75, see Part One of this series), and Muhammad Hussein Ali Hassan (ISN 123, see Part Two of this series) — were sentenced by a criminal court in Salé. As Jurist described it, Laalami (identified as Mohamed Slimani) was “sentenced to five years in prison for his alleged role in creating and participation in a ‘criminal gang, practice of activities in a non-recognized association and organization of unauthorized public meetings,’” and Lahcini (identified as Najib Houssani) and Hassan (identified as Mohamed Ouali) “each received three year sentences for falsifying administrative documents.” Jurist added that the charges were “related to the men’s connection with Salafia Jihadia [an offshoot of the Moroccan Islamic Combatant Group] and unrelated to their detention at Guantánamo Bay.”

This appeared to justify the alarming file on Laalami that was compiled at Guantánamo, but in May 2007, Laalami (identified at the time as Mohamed Slimani Alami) had his sentence quashed, and was acquitted of all charges, and Lahcini and Hassan had their sentences reduced to one-year suspended sentences.

Haji Hajaj Al Sulami (ISN 245, Saudi Arabia) Released December 2006

In “The Guantánamo Files: Website Extras (4) – Escape to Pakistan (The Saudis),” I explained how Haji Hajaj al-Sulami (whose name was extremely confusing to the US authorities, who referred to him as Al-Silm Haji Hajjaj Awwad al-Hajjaji) was 21 years old at the time of his capture, and was extremely uncooperative during his CSRT hearing. He was appalled at what he perceived to be the injustice of the proceedings, asking, “Is this court true or is it a lie?” Although he was accused of traveling to Afghanistan “to join the jihad and fight with the Taliban,” and acknowledged that he had attended the Al-Farouq training camp, he maintained that he had not engaged in any kind of hostilities (and he was not, in fact, accused of taking part in combat). “I did carry a weapon, but not in battle,” he said. “A lot of people went to the mountains. I was given a weapon to protect myself and five others. Each person had to guard the group of people for one hour. We were in a burrow approximately the size of this room.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Sulami was a “Recommendation for Continued Detention Under DoD Control (CD),” dated April 14, 2006, in which it was noted that there had been a fundamental confusion in Guantánamo between him and Salah al-Balushi (ISN 227, see above), whose name was on his file. It was also noted that he was born in 1980, and that he was “in good health,” although he had “a chronic skin condition which require[d] topical medications.”

In assessing his story, the Task Force noted that he graduated from high school in 1998 and subsequently worked as a general laborer, until he was recruited to travel to Afghanistan, and introduced to a facilitator who “supplied [him] with plane tickets and arranged for someone to meet [him] in Lahore, Pakistan,” which made a difference from the usual route via Karachi. In Lahore, he apparently took a room in a hotel, as instructed, and stayed for a week before an unidentified Pakistani gave him a plane ticket to Quetta, where he met another contact at the airport, who took him over the border to Kandahar.

He then attended the Al-Farouq training camp (but not in “late 2001,” as the file claimed, because the camp closed after 9/11), and said that, “After seven days he was asked to leave because he had fallen ill with an unspecified kidney disease, precluding him from participating in physical training.” He “was then reassigned to work in a guesthouse in Kandahar. His story then jumped to Tora Bora, where, apparently, on arrival, he “was issued a weapon and hid in the various cave complexes,” until, on or about December 17, 2001, Northern Alliance forces captured him while he was “hiding in a cave in Tora Bora with approximately five other fighters.” He was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on the following: Training camps, camp leadership and training of Taliban fighters at Al-Farouq.”

In assessing his story, the Task Force noted that he “declined to confirm or deny engaging US forces in combat,” and clearly expressed frustration, noting that he had “provided limited information about his recruitment, travel, and activities.” It was noted that his name allegedly appeared on Al-Qaida documents, which was taken to “substantiate that he had associations with Al-Qaida members,” although I am wary of trusting references to names in documents for reasons outlined earlier in this article.

Of particular relevance, it seems to me, is the note that, “Barring the single possible identification of detainee by senior Al-Qaida operative Abu Zubaydah, no one else has provided information about [him],” which the Task Force regarded as “perplexing given [his] admission of working for a year in a key guesthouse for Arab mujahideen in Afghanistan” (the Al-Nebras guesthouse). The problems here are, firstly, that Abu Zubaydah was actually a torture victim and CIA “ghost prisoner,” who was only transferred to Guantánamo after four and a half years in secret prisons. As a result, his statements cannot be regarded as reliable, and as the sum of his statements about al-Sulami were that he “initially recognized a photo of [him], but could not remember where he had seen him,” and then, in a later interview, “stated that he believed he saw [him] at the Al-Zubayr guesthouse in Kandahar,” it is possible that he was lying to avoid further torture, and did not recognize him at all.

The second problem, as conceded by the Task Force, is that, even if Abu Zubaydah’s identification was correct, no one else recalled al-Sulami, which means either that he lied about the whole episode (which is, after all, possible, as confessions — whether true or not — were the sole purpose of the whole process of detention and interrogation), or that he was at the guesthouse but was thoroughly insignificant, perhaps playing a very lowly role as a servant.

Nevertheless, the Task Force concluded that he was “assessed to be a jihadist whose true activities in Afghanistan (AF) remain[ed] undetermined,” although it was noted that, in Tora Bora, he “probably participated in hostilities against coalition forces.” He was assessed as being “of medium intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that he was “assessed as a high threat from a detention perspective,” as his “overall behaviour, although “mainly compliant,” had been “occasionally hostile to the guard force and staff.” In fact, he was reported to be regularly provocative and manipulative.

As a result, Rear Adm. Harry Harris recommended him for continued detention at Guantánamo, updating a previous recommendation that he be retained in DoD control (dated July 15, 2005), although it was noted that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO),” and that, presumably, happened eight months later.

Ahmed Adil (ISN 260, China) Released May 2006 (in Albania) 

In Chapter 7 of The Guantánamo Files, I explained how, of all the wrongfully detained men captured crossing from Afghanistan to Pakistan, the most woeful group were the Uighurs, Muslims from China’s Xinjiang province. There were 22 Uighurs in Guantánamo in total, mostly in their twenties, who had fled from Chinese oppression in their homeland, and 18 of them had made their way, between May and October 2001, to a small, isolated, rundown settlement in the Tora Bora mountains, where they spent their days reading the Koran and repairing its broken-down buildings (five simple houses and a mosque), and dreamed of hitting back at their oppressors — or finding a way to get to Turkey or Europe, or even the US — in search of work. Occasionally, they fired one or two bullets from the camp’s only gun, an aging AK-47.

The men arrived at the camp in varied ways. Some went there deliberately, while others ended up there while seeking a new start in life, but their isolated, subsistence-level existence came to an end in October 2001, when the camp was hit in a US bombing raid. Yusef Abbas (ISN 275, still held), who was injured in the raid, said that one man died and “we were covered in half a bucket of his body meat.” After the bombing, the men spent a month dodging bombing raids, staying, on one occasion, in a place that “even had monkeys that were also screaming at us,” according to another of the men, Dawut Abdurehim (ISN 289, released in Palau in October 2009). Finally, they saw a large group of Arabs making their way to the Pakistani border, and decided to follow them at a distance.

On arrival, they were among the many dozens of men who were welcomed and then betrayed by villagers. Yusef Abbas explained, “It was the third day of a Muslim holiday … the local people there welcomed us since it was a holiday. They gave us meat and good food.” Abu Bakker Qassim (ISN 283, see Part Five of this series) took up the story: “In the middle of the night, the villagers told us they would take us to another place. We walked two to three hours away to a mosque. The tribe people tricked us and turned us over to the Pakistani authorities.” Ahmed Adil, who was 28 years old at the time, concluded the story:

At the mosque there were a lot of people, Uighurs, Arabs and others as well. There weren’t any Pakistani soldiers or anyone with rifles or weapons to capture us. When we were in the mosque, they told us to get out. We went out in groups of ten and we were taken to a car. They drove us for a couple [of] hours and we ended up in the Pakistani prison.

In the Combatant Status Review Tribunals, Adil was one of the 38 prisoners, out of 558 prisoners in total, to succeed in convincing their tribunals, and the authorities overseeing the tribunals, they they were not “enemy combatants” — or, as the administration insisted, that they were “no longer enemy combatants.” The Pentagon’s document listing the 38 (PDF) describes them as “Detainees Found to No Longer Meet the Definition of ‘Enemy Combatant’ during Combatant Status Review Tribunals Held at Guantánamo.” 29 of these men were released in 2004 and 2005 (as I explained in “WikiLeaks and the Guantanamo Prisoners Released After the Tribunals, 2004 to 2005),” but Adil, four other Uighurs and three other men were not freed until 2006, when another country — Albania — was found that was prepared to take them (and the last of the 38 was repatriated to Saudi Arabia).

Cynically, the Bush administration waited until the last moment to free Adil and his compatriots. They were sent to Albania, where they were housed in a refugee center, on May 5, 2006, just three days before a habeas corpus petition filed by two of the men, Abu Bakker Qassim and Adel Abdul Hakim (ISN 293, also see Part Five), was due to be heard by the Court of Appeals for the District of Columbia in Washington D.C. For a report on how they were adapting to their new lives after their first 16 months, see “Guantánamo’s Uyghurs: Stranded in Albania.”

In an interview for McClatchy Newspapers’ major report on 66 released Guantánamo prisoners in 2008, Matthew Schofield visited Tirana to speak to Adil and his companions. Adil explained that he was one of the Uighurs who had ended up in Afghanistan while seeking a new life for himself and his family. He said that he sold clothes for a living, but “had fled the Sinkiang region of northern China in 2000, hoping to find a new home where he’d be able to do business free of government harassment.” He told Matthew Schofield that his plan had been “to put together a nest egg of $10,000, enough to get his family — wife, son, daughter and mother — to Europe, but instead he ended up broke in Afghanistan.” As travel between countries was difficult, “friends in Pakistan had recommended in August 2001 that he travel to a small village where he’d find other Uighurs from his region.”

Describing the settlement, Adil confirmed how basic it was. “It was a simple life, but there was food and shelter, and company,” he said. “I’d only been there 45 days when the bombing started. At first I wasn’t worried, because it had nothing to do with me. But then it did. The bombs got close.” He confirmed that, for a month, he and his companions “lived in caves, or crevices, scars in the rock face that offered shelter from the wind but little else.” However, “they weren’t the only occupants: They’d displaced the monkeys who’d been living in the caves,” and, Adil said, while “bombs were still falling in the area,” and “[s]now was piling up around him, the wind was cutting through his winter wrappings and monkeys were throwing rocks at him from the ledge above,” he “figured that he’d seen the worst life had to offer.”

After a month, however, they all realized, Adil said, that “the bombing wasn’t going to stop anytime soon, so they moved on, hiking through deep snow at night to hide from the bombs.” Eventually, they moved south to Pakistan, where they were welcomed and betrayed, as he had explained at Guantánamo. “We came down from this hike into a Pakistani village,” he said, adding, “They welcomed us to their feast.” However, the next day, the villagers claimed that “Pakistani soldiers were coming and would arrest them if they stayed,” and “led them to a mosque in another village nearby, where they said it would be safe to hide.” As Adil explained, “Of course, we did not know they would collect a reward for turning people in. There were many people at the mosque, and the soldiers arrested us all.”

He then spent six months in the US prison at Kandahar airport, and was then flown to Guantánamo, where, he said, “he was chained to the floor during interrogations, locked alone for days, weeks, in a cage 6 feet deep and 3 feet wide.”

US officials had obligingly “designated the village in the Tora Bora mountains a terrorist training camp,” primarily to ensure that the Chinese government remained onside in the “War on Terror,” and did not specifically oppose the invasion of Iraq, but in his tribunal at Guantánamo, as Schofield noted, he was accused of “nothing more than learning to use and break down an AK-47 rifle” — an allegation which he denied. He added that officials at Guantánamo made a point of accusing the Uighurs of supporting Al-Qaida, but, as Schofield explained, “the accusations weren’t made in public documents.”

Looking back, Adil said, he “[couldn't] help but wonder whether the monkeys — chattering, throwing rocks, trying to scare them back down to their village — had known that the path ahead was very difficult.” “Life is funny that way,” he said. “When troubles come, you think things cannot get worse. Then you learn they can.”

In the documents released by WikiLeaks in April 2011, the file relating to Ahmed Adil was an “Update Recommendation [for] Transfer to the Control of Another Country for Continued Detention (TRCD),” dated February 14, 2004, in which he was also identified as Ahman Adil, Oblekim Abdurasul or Oblekim Abdursal, born in 1973, and it was also noted that he was “in good health.”

The assessment preceded his success in his CSRT, but obviously made no sense, as the US government was not prepared to send any of the Uighurs back to China, and therefore could not expect another country to detain them on America’s behalf, but this was just another example of the illogical mess created at Guantánamo. This update was particularly nonsensical given that, in the previous assessment on January 25, 2003, Maj. Gen. Geoffrey Miller had at least recommended that Adil be “considered for release or transfer to the control of another government” (emphasis added), based on an assessment that he “was not affiliated with Al-Qaida or a Taliban leader.”

Nevertheless, this subtle upgrading of his supposed threat level was based on a slew of “New Information” regarded as significant by the Task Force, whose mission was evidently to find any reason not to allow prisoners to leave Guantánamo, even if it was not acknowledged as such. This “New Information” consisted of the alarmist rhetoric about the Uighurs’ settlement in Afghanistan that was designed to placate the Chinese government; namely, that Adil was “a probable member of the East Turkistan Islamic Movement (ETIM),” described as “a Uigher [sic] separatist organization dedicated to the creation of a Uigher [sic] Islamic homeland in China, through armed insurrection and terrorism.” These were high claims for an “organization” that barely existed, and was certainly not any kind of credible threat to the Chinese government.

However, what was also noticeable about the file was an additional claim, which I had not come across before, whereby it was stated, without a shred of evidence to back it up, that “[s]ensitive reporting” indicated that “ETIM and the Islamic Movement of Uzbekistan (IMU) have unified their efforts to form a larger and more capable terrorist organization, which is now directly affiliated and supported by Al-Qaida and other terrorist groups.” It was also noted that further unspecified “[r]eporting” indicated that “both ETIM and the IMU ha[d] expanded and focused their efforts on the United States and ha[d] made attacking Americans their main priority,” which was another piece of startling propaganda, produced in Washington and/or Beijing, that bore no resemblance to the truth when it came to the purported activities of ETIM — although the IMU, it has been clearly established, was closely aligned with the Taliban.

Accompanying this were allied claims that Adil had “received training in an ETIM training camp in Afghanistan,” and that he “was captured in Pakistan along with other Uigher [sic] fighters and Al-Qaida members,” even though it is clear that the Uighurs only joined up with a group of Arabs leaving Afghanistan because they were lost.

In its assessment, the Task Force noted that he had been “fully exploited” as far as  his intelligence value was concerned, and that, in Guantánamo, he had “shown very little signs of being non-compliant and no signs of aggressiveness.” He was, however, assessed as posing “a medium risk, as he may possibly pose a threat to the US, its interests or its allies,” because of the ETIM allegations, which led to an absurd declaration that he “had some level of terrorist training” (on the Uighurs’ one and only gun), which, it was claimed, was “confirmed by associations with known terrorist group(s),” and it was also claimed that he was therefore “highly vulnerable to future recruitment by terrorist groups targeting the US and its allies,” even though, like all the other Uighurs, it was clear that he only ever had one enemy — the Chinese government.

As a result, Maj. Gen. Miller made his recommendation about transferring Adil to detention in another country, although it was clear that the Joint Task Force was alone in its opinion, as the Criminal Investigative Task Force had “assessed [him] as a low risk on 19 May 2003.” However, “ln the interest of national security and pursuant to an agreement between the CITF and JTF GTMO Commanders, CITF [deferred] to JTF GTMO’s assessment that [he] pose[d] a medium risk.”

Abdul Aziz Al Baddah (ISN 264, Saudi Arabia) Released June 2006

In Chapter 6 of The Guantánamo Files, I explained how Abdul Aziz al-Baddah, who was 19 years old at the time of his capture, and was married with a two-year old daughter, traveled to Afghanistan in October 2001, with his cousins Ibrahim al-Nasir and Abdul Aziz al-Nasir (ISN 271 and 273, see Part Five of this series), to help Afghan refugees with donations of their own money. In Guantánamo, he admitted staying in Kabul at the office of the Saudi charity Al-Wafa (which was regarded in Guantánamo as a front for terrorism, although this was never proved), but insisted that he was not an employee, and knew nothing about its supposed connections to Al-Qaida.

When the bombing of Kabul began, he said that he and his cousins went to Logar, where they stayed in an Al-Wafa house for a week, but when they attempted to return to Kabul to retrieve their passports the city had fallen to the Northern Alliance, and they decided to return home via Pakistan, where they turned themselves over to the police.

In addition to his alleged connection with Al-Wafa, al-Baddah was also accused of being associated with the Al-Haramain Islamic Foundation. Formerly one of the largest Islamic NGOs in the world, devoted to charitable deeds and education and with a turnover of $50 million, several of its offices worldwide were accused of being fronts for terrorist funding and were condemned by the US. Although US officials “privately conceded that only a small percentage of the total was diverted” and that few of those who worked for the organisation knew that money was being funnelled to Al-Qaida, the Saudi government was put under enormous pressure to shut down the entire organization, which it did in February 2004.

In the documents released by WikiLeaks in April 2011, the file relating to al-Baddah was a “Recommendation for Continued Detention Under DoD Control (CD),” dated March 2, 2006, in which he was also identified as Abd al-Aziz Abd al-Rahman Abd al-Aziz al-Baddah, born in April 1982, and it was also noted that he had serious mental health problems. It was stated that he had “a history of self-mutilation,” and was “seen by Behavioral Health Science in September 2002,” that he had “a history of an unsuccessful suicide attempt” and “a history of anxiety and depression with transient psychotic symptoms,” and also that he had “a history of panic disorder.” In addition, he was diagnosed with a “history of latent TB,” in common with many of the prisoners, and it was also noted that he had “a history of musculoskeletal pain in the left knee, left shoulder & lower back,” and “a history of tinea pedis” (athlete’s foot).

In telling his story, the Task Force noted that he “left high school early and worked for his father who owned several businesses including a car dealership, a furniture showroom, a restaurant, a consulting business, and a hardware store.” He also traveled widely as a tourist and on business, to countries including the United Arab Emirates, Syria and Turkey.

It was also noted that, “[i]nfluenced by televised reports of Afghan poverty and encouraged by Wael al-Jabri, an employee of [his] father, [he] decided to travel to Afghanistan to perform charity work.” Al-Jabri reportedly “told [him] that Al-Wafa had an office in Kabul, AF, and that it was safe to go because all the fighting was in the north,” and so, on October 14, 2001, he set off with his cousins for Afghanistan, via Syria and iran. On October 27, 2001, they “met up with Wael al-Jabri and crossed the lranian border with the assistance of an Afghan named Farial” (assessed to be Aminullah Tukhi, ISN 1012, released in December 2007, but here identified as Aminullah Baryalai Tukhiak), arriving in Kabul on November 2, 2001.

As he explained in Guantánamo, in Kabul they went to the Al-Wafa office where Abdul Aziz (identified as Abdul Aziz al-Matrafi, ISN 5, released in December 2007) apparently “met and housed them.” Al-Matrafi was described as “the Kabul Al-Wafa office manager,” although he is generally identified as the founder and director of Al-Wafa. The Task Force noted that he then “took them on a tour of Al-Wafa facilities and explained the charitable objectives of Al-Wafa,” and, for approximately a week, the three relatives “distributed food supplies to surrounding villages,” until, in the hope of “escaping the bombing campaign,” as the Northern Alliance approached the capital, they were advised to travel to Logar, and then to “cross the border to the Saudi embassy in Pakistan.”

With another man named Abdullah (al-Wafti, ISN 262, released in November 2007, and identified here as Abdullah Abd al-Mu’in al-Waft), they set off for Logar on November 8, 2001, staying until November 13, when a man named Mohammed Agha “met the group and transported them to his house on the outskirts of Khost.” From there they were taken to Jalalabad (on November 30), where they stayed for another week, and in early December Mohammed Agha took the four men across the border near Peshawar. On December 14, al-Baddah “went to a Pakistani police station looking for assistance in contacting the Saudi Embassy,” but he “was subsequently detained and turned over to the Pakistani Army,” who transferred him to US custody on January 3, 2002. He was sent to Guantánamo on February 9, 2002, on the spurious basis that it was to “provide information on the following: Humanitarian aide [sic] in Afghanistan.”

Despite this, the humanitarian aid he was allegedly sent to Guantánamo to discuss was actually the furthest thing from the minds of the Task Force members assigned to his case. It was claimed that he had failed to mention his involvement with Al-Haramain, and, most alarmingly, it was claimed that Adel al-Zamel (ISN 568), a Kuwaiti released in November 2005, who was actually the manager of the Kabul office, “identified [him] as a major HIF financier involved in a large-scale Saudi-based money-laundering network.” Al-Zamel also apparently said that al-Baddah and his cousins “facilitated the collection and distribution of large amounts of Saudi raised money in efforts to support extremist activities in Afghanistan,” and that al-Baddah “collected and stored funds at his house in Saudi Arabia (upwards up to [sic] $1.2 million USD collected monthly),” which was then “distributed to Afghanistan extremists via an unknown Pakistani-based hawala.”

The problem with this is firstly that al-Zamel’s reliability is unknown, and my fear is that he was prevailed upon to make a number of false allegations against his fellow prisoners, as he also made an unsubstantiated allegation about Abdullah Kamel al-Kandari (ISN 228, see above). Moreover, if al-Baddah really was collecting up to $1.2 million a month to support extremism in Afghanistan, it was unusual that, although “in late June 2002, the Saudi Ministry of Interior General Information Directorate of Investigations (Mabahith) provided information on thirty-seven detainees whom they designated as high priority,” and al-Baddah “was thirty-third on that list,” by July 2002, when “a delegation from Saudi Arabia visited JTF GTMO and interviewed [him, he] was identified as of low intelligence and law enforcement value to the US, and unlikely to pose a terrorist threat to the US or its interests.” Instead, “the Saudi delegation indicated that the Government of Saudi Arabia would be willing to take custody of [him] for possible prosecution as soon as the US determined it no longer wanted to hold him.”

In assessing him, the Task Force determined that he was “of medium intelligence value,” and that he posed “a medium risk, as he may pose a threat to the US, its interests and allies.” He was also assessed as “a low threat from a detention perspective,” as his “overall behaviour ha[d] been compliant and non-hostile with the guard force and staff,” although an additional piece of interesting information was the observation that he “ha[d] no hostile actions on record against guards or JTF staff beyond telling an observer that he doesn’t have to listen to him, only the bloc NCO.” This took place on May 24, 2005, and he was then “placed in Camp 2/3″ — isolation blocks — “where he made a token effort in the July Voluntary Total Fast by foregoing nine meals.”

As a result, Maj. Gen. Hood recommended him for continued detention at Guantánamo, updating a previous recommendation that he be retained in DoD control (on January 7, 2005), although it was also noted, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO),” based on the “visiting Saudi delegation indicat[ing] that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution.”

Tariq Al Harbi (ISN 265, Saudi Arabia) Released June 2006

In Chapter 6 of The Guantánamo Files, I explained how Sharon Curcio, a military intelligence analyst who read over 600 transcripts of interrogations conducted at Guantánamo in 2003 and 2004, noted in a report, “Generational Differences in Waging Jihad,” published in Military Review in 2005, how many of the prisoners were persuaded to travel to Afghanistan for jihad by imams and sheikhs in their home countries who were “quick to position jihad as the panacea for lost, disenfranchised youth” — those who were unemployed, had failed in education or in business, or had family problems — and also noted that, for the educated, the call to jihad was used to play on their “desire for self-discovery and a challenge,” and, for the unskilled, was presented as “alternative employment.” She also explained that charitable organizations “frequently hired young men for warehouse and distribution work to provide relief materials such as foodstuffs or blankets to a local population, so the call to jihad appeared to be more of the same.”

I also noted how Curcio’s observations were reflected in some of the prisoners’ stories, and one of the stories I cited was that of Tariq al-Harbi, who was just 18 years old at the time of his capture, who said in Guantánamo that the sheikhs “told him that he had to go to Afghanistan to help the poor and needy or God would punish him.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Harbi was a “Recommendation for Continued Detention Under DoD Control (CD),” dated December 8, 2005, in which it was noted that he was born in 1983, and was “in good health,” although his “inprocessing BMI [body mass index] on 12 Feb 02 was 20%,” and he had “a history of latent TB,” in common with many of the prisoners, but was “noncompliant with treatment.” It was also noted elsewhere in his file that he “was a major participant in the Voluntary Total Fast (VTF),” which began in the summer of 2005, “missing up to 104 meals in the second half of the VTF.”

In telling his story, the Joint Task Force noted that he “was a poor student,” who left school at the age of 18, and then “began to help on his father’s farm.” In “approximately July of 2001,” he was inspired by a fatwa which “stated every Muslim should wage jihad in Afghanistan against the Northern Alliance troops.” His father then “helped to finance and arrange his travel,” and he traveled to Kandahar, via Karachi and Quetta, where he “reported to an Arab guesthouse” (assessed to be Al-Nebras). There, “[u]nidentified Arabs informed [him] that weapons training was a prerequisite to join the Taliban,” and “transported [him] to Al-Farouq training camp, where he spent approximately 20 days conducting prayer, manual labor, physical conditioning, and small arms training.” An analyst noted that he reported that “the full course of training would have taken 40 days, but he left early for various reasons,” described as “the arduous physical labor, poor food, insects, and presence of approximately 10 other Arabs.”

He then returned to the guesthouse,” and, a few weeks later, “met Taliban representatives and inquired if he could become a member, but was rejected due to his youth.” He then “traveled to Jalalabad, AF with the intent to join another Taliban unit,” staying at a guesthouse “operated by unidentified Arabs” for about two months, and then “decided to cross the Pakistani border in hopes that Pakistani authorities would take him to the Saudi embassy to arrange transportation back to Saudi Arabia,” but, instead, he was arrested and transferred to US custody. The Task Force also noted that, in another interrogation, he apparently conceded that he had traveled via the Tora Bora region, “but did not ascend the mountain as far as Tora Bora.” The Pakistani authorities transferred him to US custody in Kohat on January 3, 2002 and he was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on the following: Taliban recruitment methods being used in Saudi Arabia [and] Al-Farouq training camp in Kandahar.”

Although he “claimed to have no knowledge of terrorist matters or have any association with Al-Qaida,” the Task Force noted that he had “failed to provide an accurate and complete picture of his actions and associates,” and, as well as listing references to documents seized in house raids, which apparently contained his name, claimed that he was related to “deceased Saudi Al-Qaida cell leader Salih Muhammad Awadhallah al-Alawi al-Awfi,” and to Mazin al-Awfi (ISN 154), who was described as an “assessed Al-Qaida member,” although that was essentially meaningless, as Arab Taliban recruits were routinely described as “Al-Qaida members.”

The source of these claims was Humoud al-Jadani (ISN 230, released in July 2007), who reported that al-Harbi was “either a cousin or a nephew” of Salih al-Awfi, who, he said, “provided false documents for individuals traveling to Chechnya and Afghanistan for jihad.” Al-Jadani also “reported that Mazin al-Awfi was his nephew, and the authorities at Guantánamo then performed a DNA test on al-Awfi and al-Harbi “to determine possible familial ties,” which “determined that the two possess mitochondrial DNA that is consistent with a shared maternal lineage.”

Quite what this proved was not explained, but another attempt to ramp up al-Harbi’s significance was attributed to Walid Haj (ISN 81, released in April 2008), who “reported that an individual listed as Tarique Al-Harbi was a member of the Bilal unit but was killed in fighting.” An analyst noted that Haj “did not specifically say that he saw al-Harbi killed; he may have just heard.” Obviously, this proves nothing, as it remains far more likely than not that al-Harbi was not fighting in northern Afghanistan when he was in the Jalalabad/Tora Bora area, but it (and the DNA test) were examples of how the authorities often resorted to clutching at straws.

In conclusion, the Task Force assessed al-Harbi as being “of medium intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that he had been “assessed as a moderate threat from a detention perspective,” whose “overall behaviour ha[d] been non-compliant, yet non-hostile to the guard force and staff.” As a result, Maj. Gen. Hood, updating a recommendation that he be retained in DoD control (dated July 2, 2004), recommended him for continued detention at Guantánamo, a recommendation that only lasted for another six months until al-Harbi’s unexpected and unexplained release.

Abdullah Al Ghanimi (ISN 266, Saudi Arabia) Released June 2006

In Chapter 6 of The Guantánamo Files, I explained how, when three humanitarian aid workers Abdul Aziz al-Baddah (ISN 264, see above), and his cousins Ibrahim al-Nasir and Abdul Aziz al-Nasir (ISN 271 and 273, see Part Five of this series) left Afghanistan for Pakistan after traveling to Afghanistan to deliver humanitarian aid to refugees, they were accompanied by a man named Abdullah, who I thought was Abdullah al-Ghanimi, although in fact it was Abdullah al-Wafti (ISN 262), as noted above.

Al-Ghanimi, who was 27 years old at the time of his capture, had, however, been working for the Saudi charity Al-Wafa in Kabul (which was regarded in Guantánamo as a front for terrorism, although this was never proved), as had the three men mentioned above, but it transpired that he had made his own way out of Afghanistan into Pakistan, where he was seized.

In the documents released by WikiLeaks in April 2011, the file relating to al-Ghanimi was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated July 18, 2005, in which he was also identified as Abdullah al-Ghanami, Abdallah al-Ghanimi and Abdullah al-Ghanmi, and it was noted that he was born in 1974 and was “in good health.”

In telling his story, it was noted that he “spent four years working as a fisherman followed by five years working as a fireman at ARAMCO” (the Arabian American Oil Company, based in Saudi Arabia). It was also noted that he had traveled to other countries — to Syria for dental treatment and to Bahrain, circa 2000, “to visit nightclubs.”

Circa July 2001, he said he decided to travel to Afghanistan “for humanitarian reasons,” adding that he had “read various fatwas calling on Muslims to help the needy in Afghanistan and decided to go and distribute alms; however, there was no catalyst that solidified [his] decision (i.e. no event, no imam or fatwa).” “It was,” he said, “just what God ordained.”

ARAMCO gave him 30 days’ leave, and, taking 19,000 Saudi Riyals with him (about $4,500), he then set off for Afghanistan on July 1, 2001, via Karachi and Quetta, “where he obtained help from the Taliban to get to Kabul, AF,” and “became affiliated with Wafa Al-Igatha Al-Islami aka Al-Wafa to obtain names of orphans and other persons deserving charity,” working for a Saudi national, identified as Abu Faysal (aka Abdullah al-Utaybi, ISN 243, released in December 2007), who was described as “a known senior Al-Wafa official in Herat.”

With Abu Faysal, he “distribute[d] supplies and supervise[d] digging of wells in villages neighboring Kabul, AF, for approximately 15 days,” but as the fighting approached Kabul, he set off for Jalalabad on foot, which took him about three weeks, where he stayed for a month, and then, as the fighting neared Jalalabad, “traveled further to an unidentified village where he stayed for a month and then joined 12 unarmed Arabs who were traveling to Pakistan.” Having lost his passport and return ticket at some point, he reached the Pakistani border around December 12, 2001.

Now traveling with just an Afghan guide, as the group split up on the border, he said that he “was escorted to a house in an unidentified valley,” and that, after “[t]he Pakistani owner brought an Arab speaker to the house to interpret,” he said that he wanted to go to the Saudi Embassy. The owner apparently agreed and provided al-Ghanimi “with a bed for the evening,” but the following morning, “instead of being taken to the Saudi Embassy, the Pakistani police arrested him.”

Citing a newspaper report, the Task Force noted how numerous Arabs fleeing Afghanistan were rounded up in a mosque and handed over to the Pakistani authorities, and how later, when they were being moved by bus from one prison to another, there was a revolt, in which ten of the prisoners and six Pakistani soldiers were killed, and several of the prisoners escaped. Al-Ghanimi was apparently named as one of the passengers. He was “transferred from Kohat Prison, Pakistani control, to Kandahar Detention Facility, US custody, on 3 January 2002,” and was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on humanitarian organizations operating in Afghanistan.”

In assessing his story, the Task Force attempted to link him to Al-Qaida through his name being found on documents recovered from computers seized in raids on houses with Al-Qaida connections, although, as I have mentioned previously, it cannot be confirmed that these references are rellable. It was also claimed that Fahd al-Jutayli (ISN 177, see Part Three of this series) “identified detainee’s alias, as serving on the Bagram, AF front lines and fleeing with him and others to Tora Bora, AF, when the front collapsed.” However, when al-Jutayli “was shown a picture of detainee he claimed he did not recognize him.” An analyst claimed that it was “possible that ISN 177 was attempting to hide the identity of detainee,” although a more logical suggestion would be that, under duress, al-Jutayli had made up the story about al-Ghanimi being with him in Bagram and Tora Bora.

Incomprehensibly, another claim was that there were “a number of documents concerning an individual named Abu al-Harith al-Ansari who apparently was associated with Camp Farouq and admission of individuals for training,” and it was assessed that al-Ghanimi was “possibly this same individual” — although how this was supposed to make sense was not explained.

In spite of all these claims, the Task Force decided that he was only “of low intelligence value,” although he was also assessed as posing “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that, in Guantánamo, his “overall behaviour ha[d] been non-hostile [and] compliant in nature,” and, as a result, although he was recommended for ongoing detention in DoD control (on March 6, 2004), it was noted that, “[b]ased upon information obtained since detainee’s previous assessment,” Brig. Gen. Hood now recommended him for transfer to continued detention in Saudi Arabia, although it was not explained how this conclusion had been reached, as, based on the information above, he was still “assessed as a member of Al-Qaida, who fought on the Bagram AF front lines during ‘Operation Enduring Freedom,’” and whose “name was found on various documents recovered during raids on suspected Al-Qaida safe houses.”

Also see Part One, Part Two and Part Three, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten of this series.

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) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 23 of the 70-part series. 293 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken.

However, although the Bush administration allowed habeas petitions to proceed, Congress attempted to strip the prisoners of their habeas rights in the Detainee Treatment Act in 2005, and the administration also responded to the Supreme Court’s ruling with its own inferior version of habeas, the Combatant Status Review Tribunals, a sham process designed to rubber-stamp their designation as “enemy combatants” who could be held indefinitely.

With just 38 prisoners cleared for release after the CSRTs, another review process — the annual Administrative Review Boards — took over, reviewing whether prisoners still had ongoing intelligence value, and whether they still posed a threat to the US. These were essentially the decisions being taken by JTF GTMO and CITF, and they reveal how, in the “War on Terror,” prosecuting criminals (the few genuine terror suspects in Guantánamo) and holding soldiers off the battlefield until the end of hostilities had largely given way to the strange mixture of threat assessments and intelligence assessments that fill the Detainee Assessment Briefs.

With 260 prisoners profiled in the first 20 parts of this project, this latest ten-part series covers the stories of the 111 prisoners released in 2006 (and the three who died at the prison in June 2006) and readers will, I hope, realize that almost all of these prisoners were freed because of political maneuvering rather than anything to do with justice. The largest groups released by nationality in 2006 were Saudis (45 in total — 15 in May 2006, 14 in June and 16 in December) and Afghans (35 in total — 7 in February, 5 in August, 16 in October and 7 in December).

I also hope that readers will reflect on the problems of over-classification that have been thoroughly chronicled in the preceding series analyzing the Detainee Assessment Briefs. My analysis to date has established repeatedly that even patently innocent prisoners seized by mistake were regarded as a “low risk,” rather than as no risk at all, and it is important for readers to bear in mind that the entire process of detaining and processing prisoners and exploiting them for their supposed intelligence was shot through with a drive to conclude that they were all a threat, and to overlook the distressing fact that most of them were seized in a largely random manner, mostly by America’s Afghan and Pakistan allies, at a time when substantial bounty payments were widespread, and were never subjected to anything that resembled an adequate screening process.

For further information, also see Part One (which contained eleven stories about prisoners from a variety of countries, mostly captured in Afghanistan, and including Yasser al-Zahrani, who died in Guantánamo in June 2006), and Part Two (which featured another eleven stories, mostly of prisoners who survived the Qala-i-Janghi massacre in northern Afghanistan in November 2001). Part Three features another eleven stories, including some examples of prisoners who “returned to the battlefield” after their release, and the story of a Libyan prisoner whose file is full of statements made by other Libyans, including Abdel Hakim Belhaj, now active as a commander of the Libyan rebels, who were subjected to “extraordinary rendition” and torture in secret CIA prisons, before they were returned to Libya and imprisoned by Colonel Gaddafi. Also see Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten.

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2006 (Part Three of Ten)

Said Al Malki (ISN 157, Saudi Arabia) Released May 2006

In Chapter 6 of The Guantánamo Files, I explained how Said al-Malki (also identified as Saed al-Malki or Saed al-Maliki), a security officer with the Saudi police, who was 32 years old at the time of his capture, said in Guantánamo that he went to Afghanistan in January 2001 after a sheikh suggested that distributing food and clothing to the poor was a worthwhile pursuit for a devout Muslim. He said that he and a companion then spent ten months traveling around Afghanistan, distributing food, clothing and “books and tapes regarding Islam,” and he said of his arrest in Pakistan that the police “said I was Arabic and I was good value.” He also explained that he ran into problems because he sought advice from the Al-Birr Foundation, a Saudi charity, founded in 1987, which was put on a US terror watchlist in November 2002.

In the documents released by WikiLeaks in April 2011, the file relating to al-Malki was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated June 12, 2005, in which he was also identified as Sa’id al-Malki and Sa’ed al-Maliki, and it was noted that he was born in 1969. It was also noted that, in common with many of the prisoners, he was “diagnosed with latent Tuberculosis,” although he “refused treatment in October of 2002.” It was also noted that he had “a history of asthma but [was] not on medication for it.”

In telling his story, the Joint Task Force noted that he had “provided at least four versions of his personal history,” and that only one was described in the file. According to this account, al-Malki had been a police officer for over ten years, for which he apparently only “received a salary of about $2,600 USD per year,” and had “left the police force to pursue a private business venture selling cars but never started the business.”

In this employment limbo, he met a man named Hassan El-Nashiri at the “Holy Temple Mosque” in Mecca, in July or August of 1999. El-Nashiri, the financier for the Al-Birr Foundation, apparently convinced al-Malki to travel to Afghanistan in 1999, although he did not travel until 2001. El-Nashiri apparently arranged and paid for his travel, and was “assessed to be an Al-Qaida facilitator,” although the evidence for this was not immediately forthcoming in al-Malki’s case, as he said that he “worked in Afghanistan as a volunteer” for Al-Birr, with El-Nashiri, and that the two men “bought goods on the border of Pakistan (PK), entered Afghanistan and delivered the goods to several small villages throughout Afghanistan.”

When “the bombing in Afghanistan became intense,” al-Malki said he “decided it was time to return home to Saudi Arabia,” although he also said that he was “robbed of his money and passport” while working in Afghanistan, and that, when he reached Pakistan, the Pakistani police captured him while trying to enter Peshawar on December 12, 2001. According to what was described as “altemate reporting,” he “was transferred from Kohat prison, Pakistani custody, to the Kandahar Detention Facility, US custody, on 30 December 2001,” and was sent to Guantánamo on January 17, 2002, allegedly to “provide information on foreign NGOs operating in Afghanistan.”

However, as I explained in my article, “How to Read WikiLeaks’ Guantánamo Files” (originally published on WikiLeaks’ website when the Guantánamo files were first published, as part of my work liaising between WikiLeaks and its media partners):

[T]he “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression given in the files, no significant screening process took place before the prisoners’ transfer. As a senior interrogator who worked in Afghanistan explained in a book that he wrote about his experiences (The Interrogators), every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

In assessing his story, the Task Force was obviously perturbed by the perception that, as an analyst decried it, al-Malki was “not being open and forthcoming with his debriefers, and resist[ed] answering direct questions,” so that, as a result, his “veracity [was] in question due to the multiple versions of cover stories that he has used as well as his use of other individual’s [sic] names and portions of their stories.” This may indeed have been suspicious, but there was nothing in the way of evidence to establish that he was not what he said he was: a volunteer providing humanitarian aid to one of the most wretched countries on earth.

As the Task Force described it, al-Malki was assessed as “a member of Al-Qaida’s global terrorist network,” because he “traveled to Afghanistan with the help of a facilitator under the guise of working for the Al-Birr Foundation,” which “has been linked to Al- Qaida.” An analysis of the Al-Birr Foundation claimed that it was “established in part to perform charitable works; however, it also supports Islamic extremist activities worldwide and maintains deliberate and purposeful associations with terrorist organizations including Al-Qaida,” and noted that, “as of 8 April 2005, [it had] been designated as a Tier 4 NGO, defined as all other NGOs which are considered to be anti-US but are not included in Tiers 1-3NGOs,” To provide further context, Tier 1 organzations were those regarded as posing a direct threat, but even Tier 2 organizations were often nothing more than alleged fronts for terrorist activities, with no way of ascertaining how exaggerated these claims were.

In al-Malki’s case, there was nothing to link him to the purported terrorist support activities of Al-Birr, but the Task Force also drew on a claim that he “was identified as participating in a specialized course entitled, ‘mountain tactics training,’” which “was a seven-week course covering guerilla warfare in mountainous terrain taught at the Al-Qaida-run Al-Farouq training camp in Afghanistan,” which was actually established by the Afghan warlord Abdul Rasul Sayyaf in the early 1990s, but was associated with Osama bin Laden in the years before 9/11. Without even a mention of the source of this “identification,” it is the weakest sort of hearsay, although it undoubtedly contributed to the rationale for al-Malki’s continued detention, even though no other source suggested that he had undertaken training at Al-Farouq.

Also significant was a note that a previous — and thoroughly ludicrous — assessment was made that Hassan al-Nashiri “was possibly involved in the USS Cole incident” (the bombing of the USS Cole in 2000), when the prime suspect in the case is Abd al-Rahim al-Nashiri (ISN 10015, a torture victim and former CIA “ghost prisoner,” who is still held at Guantánamo). The Task Force conceded that, “After much analysis, no reporting could be found to corroborate this statement,” and it was probably this that contributed largely to the decision to downgrade al-Malki from someone recommended to be retained in DoD control (as decided on January 17, 2004), to the revised decision to transfer him for continued detention in Saudi Arabia.

As the Task Force noted, leading up to the decision by Brig. Gen. Jay W. Hood, the commander of Guantánamo at the time, to recommend him for transfer, he was assessed as being “of medium intelligence value,” and “a medium risk, as he may pose a threat to the US, its interests and allies,” although personally I think that both assessments demonstrate how over-classification was built into the system at Guantánamo, as he was surely of very little interest for intelligence purposes, and was not a risk at all.

This was confirmed in the description of him as “a low threat from a detention perspective,” in which it was noted that his “overall behaviour ha[d] been cooperative,” and that he was “located in Victor block in Camp 4, and [was] at a Low Risk level, and [had] been at a Reward Level of one [the highest level in a reward system graded from 1 to 4] for approximately seven-hundred and twenty six days, which indicates that [he] is passive in his actions and has caused little problems for the guard force and staff.”

Even so, it took another eleven months for him to be freed, to be put through the Saudi government’s extensive rehabilitation program, and to resume his life.

Muhammad Ben Moujan (ISN 160, Morocco) Released October 2006

In Chapter 7 of The Guantánamo Files, I explained how Muhammad Ben Moujan (also identified as Mohammed Ben Moujane), who was 20 years old at the time of his capture, went to Afghanistan to visit his sister, who was married to Said Boujaadia (ISN 150, released in May 2008), and stayed at their house in Kandahar. In Guantánamo, he denied an allegation that he undertook weapons training in the mountains north of Kandahar, and explained that, after “fleeing from death and riots in Kandahar,” he crossed into Pakistan with numerous Afghans and Arabs, and was arrested by Pakistani soldiers on arrival. It was also alleged that he and Boujaadia “engaged in jihad in the Tora Bora mountains,” although Ben Moujan insisted that this was invented by Moroccan interrogators who questioned him in Guantánamo.

In the documents released by WikiLeaks in April 2011, the file relating to Ben Moujan was a “Recommendation for Transfer to the Control of Another Country for Continued Detention (TRCD),” dated November 25, 2005, in which it was noted that he was born in February 1981, and had been “seen for weight loss management and dehydration due to hunger strike and minor body aches and pain.” This, presumably, was a reference to his involvement in the prison-wide hunger strike that began in the summer of 2005, in which between 100 and 200 prisoners took part, as it was also noted, “As of 03 December 2005 detainee was no longer listed on a hunger strike.”

In telling his story, the Joint Task Force noted that, after completing middle school, Ben Moujan “attended various trade schools such as barber, auto mechanic, carpenter and locksmith, but failed to graduate from any of them,” and then, in mid-2001, traveled “with his immediate family” to Damascus, Syria where Said Boujaadia and a second brother-in-law, Riyadh, were already living. Then “he, his family and Boujaadia traveled from Tehran to Meshad, IR, by train and then rented a car and went to Kandahar, Afghanistan,” where they stayed at the house of Ben Moujan’s third brother-in-law, identified as Abu Zuhair al-Tbaiti.

After staying only a few days at this house, Ben Moujan apparently traveled to the Al-Farouq training camp, and (refuting the claim in the documents from his tribunal at Guantánamo) apparently “stated that he went to Al-Farouq of his own volition,” where he “trained on small arms firing, physical conditioning, map reading, topography, and explosive devices,” although he asserted that “he did not do any advanced training.” After “approximately one month,” his training “was suspended and the trainees were instructed to go home.” He “claimed he did not know at the time why training was suspended,” but, as the Task Force noted, “it was in September 2001,” and Al-Farouq closed immediately after the 9/11 attacks.

Ben Moujan said that he then “went back to al-Tbaiti’s house and stayed with his family until the bombing in Kandahar began,” when he said that “they traveled on the road out of Afghanistan, [until] it became too unsafe and he was instructed to go into the mountains of Tora Bora to wait until the Afghans cleared the road.” This contradicted his earlier account, but in another version of the story, he “traveled to the mountains north of Kandahar with an unidentified group and took up fighting positions against the Americans and the Northern Alliance.” In this version of events, he “claimed he did not do any fighting, but that he hid in a ditch while the US planes bombed his position.”

What is clear, however, is that, as he fled to Pakistan, “Pakistani Army units at the border arrested [him], and he was turned over to US forces several weeks later.” An unidentified report (presumably from Pakistani intelligence) indicated that he “was transferred from Kohat, PK, to US custody at the Kandahar Detention Facility on 30 December 2001,” and he was sent to Guantánamo on January 14, 2002, on the spurious basis that it was because he “[m]ay have limited information on Arab element operations in final days before his group was arrested in Pakistan.”

In assessing his story, the Task Force claimed that his “timeline and actions during his stay in Afghanistan are not consistent. He initially claimed he participated in training at Al-Farouq and then recanted that statement. He claims total ignorance of his brothers’-in-law extremist activities. He also does not provide any information about his actual activities at Tora Bora.”

There was certainly some truth to this assessment, although it is difficult to see that Ben Moujan was anything more than a lowly recruit, swept along in the wake of — possibly — more significant players in his extended family. The Task Force additionally assessed him as “an Islamic extremist who received training at Al-Farouq and was active in Tora Bora prior to his capture,” although that too may be an exaggeration, as the only witness who identified him at either location was Yasim Basardah (ISN 252), a Yemeni known as the most prolific and unreliable witness in Guantánamo, who “stated detainee began his training at Al-Farouq two weeks prior to [his] training,” and who “also alleged that detainee was at Tora Bora with him.” Further undermining Basardah’s claims, it was noted that “In at least one report, [Basardah] attended training at Al-Farouq around April/May 2001,” whereas Ben Moujan does not appear to have been in Afghanistan at that time.

In fact, the most troubling aspects of Ben Moujan’s story involved his “familial ties” — with Saad Boujaadia, allegedly caught after engaging US forces in combat, and particularly with his other two Saudi brothers-in-law, described as “Al-Qaida operatives who were planning attacks against western assets in the Straits of Gibraltar.” In Riyadh’s case, this information was based on an unverified claim that he was involved in the bombing of the USS Cole in 2000, but in the case of the other brother-in-law, Abu Zuhair al-Tbaiti, it is because, in June 2002, he was seized with six others (two Saudis and four Moroccans, including the Saudis’ wives) for “plotting to use explosive-packed boats to attack American and British ships in the Straits of Gibraltar.” The Task Force noted that al-Tbaiti “was captured after authorities put his Moroccan in-laws under surveillance,” and claimed that he had been “in the Tora Bora region of Afghanistan” before returning to Morocco and in outside reporting (see this New York Times article from 2004) it was claimed that the information about this “plot” had come from Guantánamo.

Al-Tbaiti was also identified as Zuhair Hilal al-Tbaiti, and it may be (although it is not conclusively confirmed) that he was also known as Abu Zubair al-Haili, otherwise known as “The Bear,” who was seized in Morocco in June 2002 and regarded as one of the 25 most significant figures in Al-Qaida. After a trial, he reportedly received a 10-year prison sentence in January 2003, although if they are not one and the same, then al-Haili’s whereabouts remain unknown.

Despite this, Ben Moujan’s “familial ties” were not proof of his own terrorist sympathies, and the most the Task Force could claim was that he “appears to have had limited access to operational information regarding his two brother-in-law’s [sic] terrorist activities, [although] it is probable that the Islamic extremist training he was receiving in Afghanistan was the initial stage of being incorporated into terrorist operations planned by his in-laws.” He was assessed as being “of medium intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies,” and it was also noted that was “assessed as a moderate threat from a detention perspective,” because his “overall behaviour [was] typically compliant and non-hostile to the guard force and staff.”

As a result, Brig. Gen. Hood approved his transfer to continued detention in Morocco, updating a previous recommendation that he be retained in DoD control, which was issued on November 11, 2003. This, it was noted, was “[b]ased upon information obtained since [his] previous assessment” (which was not specified), although his transfer was only approved “if a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or exploited intelligence.” The Task Force added, “If a satisfactory agreement cannot be reached for his continued detention, he should be Retained under DoD Control (CD).”

In February 2007, AFP reported that Ben Moujan (identified as Mohamed Ben Moujane), who, implausibly, was described as having been “accused of briefly being a member of Osama bin Laden’s personal bodyguard[s],” was “given a 10-year jail sentence by a Moroccan anti-terrorism court.” AFP added that he “denied terrorism but admitted visiting an Al-Qaida training camp and meeting Bin Laden in Afghanistan.” He was charged and convicted of “membership of a criminal group with the aim of preparing to commit terrorist acts” and “failing to denounce crimes against state security,” even though his lawyer, Idriss Oua Ali, had “called on the court to acquit the defendant, arguing that he had already spent five years in Guantánamo.”

As AFP noted, it was “the toughest sentence handed down by the court” to former Guantánamo prisoners,” although he was acquitted on appeal in May 2007. In June 2008, he spoke to the Associated Press, stating that he “interrupted his life as a construction worker for a ‘family visit’ in Afghanistan” that led to nearly five years in Guantánamo. Announcing his intention to “seek compensation” from the US government with the help of the legal action charity Reprieve, he said, “My brain is destroyed,” and “accuse[ed] his jailers of drugging” him and other prisoners, of being “regularly forced to eat pork,” and of being “beaten ‘like a sack of potatoes.’”

Describing himself as “a moderate Muslim,” Ben Moujan said “he did not feel hatred towards the Americans, but only those who had held him captive all these years.” In a mixture of Arabic, French and broken English, he said, “They stole my life … I’m like a skeleton that can still stand up.” After describing how he believed he had been sold to US forces in Pakistan, he said that he was then immediately transferred to the US prison at Kandahar airport. “There, I stopped being human,” he said. “I became number 149,” and the AP noted that he “referr[ed] to brutal interrogations and repeated violence.” In Guantánamo, he said, he took part in “numerous hunger strikes,” and was force-fed. He also said that “his last months in this prison were also the worst, because drugs were always mixed with water and food served to him.” “Every time I ate, I had visions,” he said. He also said that he “felt nothing” when he was told he would be released, and claimed that “Moroccan police were given videotapes showing that he had several times attempted suicide by strangulation with his long hair.”

It is not known whether Ben Moujan remained a free man. The AP report noted that the Moroccan authorities appealed to the Supreme Court and his case would be judged again in October 2008, but the only information I have been able to find is that the photo above (and another of Ben Moujan with his lawyer) was taken as he “walk[ed] out of the Sale courthouse … after his trial [was] postponed” on October 7, 2008, as the Associated Press described it.

Ali Al Tays (ISN 162, Yemen) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Ali al-Tays, who was 24 years old at the time of his capture, admitted in Guantánamo that he attended the al-Farouq training camp (established by the Afghan warlord Abdul Rasul Sayyaf in the early 1990s, but associated with Osama bin Laden in the years before 9/11), but said that he only wanted to receive training to protect himself, because there were “tribal problems” in Yemen, and it was easier to receive training in Afghanistan than at home. In his tribunal, he took particular exception to claims that he had “fled to the Tora Bora mountains, and that the Pakistanis seized him “when attempting to flee the Tora Bora region.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Tays was a “Recommendation for Transfer to the Control of Another Country for Continued Detention (TRCD),” dated October 8, 2004, in which it was noted that he was born in June 1977, and was “in good health,” although it was also noted that he had “a history of depression, chronic sinusitis, and had a tonsillectomy in June 2004.”

In telling his story, the Joint Task Force noted that he approached a man at his local mosque who evidently knew about training in Afghanistan, and, as he explained in his tribunal, said he wanted to receive training “because of tribal problems between his tribe and the Al-Dogha tribe.” He said he gave this man “money for a visa and airline tickets,” and, at the start of September 2001, flew with him to Karachi, Pakistan. They then took a bus to Quetta, where they stayed for one night, and then took a taxi across the border to Kandahar.

Al-Tays then began training at Al-Farouq, but he “was there only four days, when on 11 September 2001 the instructors woke everyone and told them to leave out of fear from [sic] US retaliation as a result of the US attacks that had taken place that day.” He was then “taken to Kabul, AF, and stayed 15 days in a guesthouse that used to be the Saudi Ambassador’s residence,” and then “left for Jalalabad, AF, where he was instructed to go into the Hindu Kush Mountains in the Tora Bora region of Afghanistan due to the bombing campaign,” and where, he said, he “hid amongst the trees of the mountains for fifteen days, six of which consisted of walking through snow towards the Pakistani border, when he got separated from the group.”

After successfully crossing the border, he said he “saw Pakistani police in a town and surrendered to them with the hopes of being returned to the Yemeni embassy.” However, he “was detained by the Pakistanis in Kohat, PK, and was eventually transferred to US custody on 30 December 2001.” He was sent to Guantánamo on February 9, 2002, on the spurious basis that it was to “provide information on: Recruiter and facilitator named Saif who recruited from the Al-Ghanari Mosque located in Saada, YM [and] The Al-Farouq Taliban and Al-Qaida training facility.”

In assessing his story, the Task Force could not find any compelling reasons to demolish his story, although analysts clearly doubted that, as he claimed, he did not know about Al-Qaida or the Al-Farouq camp’s affiliation with Al-Qaida and claimed that “it wasn’t until after hearing the term used by US debriefers that he first heard of Al-Qaida.” This sounds implausible, but it is possible — if not probable — that discussions amongst the recruits focused on their role as mujahideen rather than as “members of Al-Qaida,” which required an oath of loyalty to Osama bin Laden.

An analyst also noted that al-Tays had “repetitively used the excuse of a sore throat to terminate debriefings, even after being cleared medically on numerous occasions,” which led the analyst to suggest that he was “showing signs of resistance to hide parts of his true intentions and activities while in Afghanistan.”

Nevertheless, the US authorities could not find a single witness to speak out against al-Tays, and to suggest, for example, that he had been involved in anti-coalition activities in Tora Bora. It was also noted that he had not been a difficult prisoner at Guantánamo, as he had “a past history of passive behaviour,” had “a relatively short disciplinary history,” and had “no reported forced cell extractions.”

In recommending him for transfer to continued detention, Brig. Gen. Hood drew on conclusions reached by the Joint Task Force and the Criminal Investigative Task Force: that he was assessed as being “of medium intelligence value,” and also as “a medium risk, as he may possibly pose a threat to the US, its interests and allies,” because, although he was “seeking training to be a low-level combatant of the Taliban and Al-Qaida’s global terrorist network,” and “[did] not seem to be truthful in his claims of seeking training on behalf of his tribal affiliation and their disputes with neighboring tribes,” he also did not appear to be “a senior leader or have direct ties to senior leadership,” although he had “associations with known terrorist organizations and facilitators, and he may be vulnerable to recruitment for terrorist groups.”

Although it took another two years and two months for Ali al-Tays to be released, he and the five other Yemenis freed in December 2006 were amongst the few relatively fortunate Yemenis in Guantánamo, as only 23 have been released throughout the prison’s history, primarily because of institutional fears regarding security in Yemen, and as a result over half of the 171 prisoners who remain at Guantánamo at the time of writing are Yemenis.

Even so, on their return to Yemen, only one of these six men was released outright, and the others, including al-Tays, were “held in the National Security without any charges being brought against them,” as Khaled al-Anisi, a lawyer and the executive director of the Yemeni National Organization for Defending Rights and Liberties (HOOD), told Yemen Times on January 7, 2007. A Yemeni security official said they “would be released if investigations showed that they were not involved in any terrorist acts,” but al-Anisi said, “We have sent a letter to the General Prosecution and another one to the National Security Organization, in which we demanded the immediate release of the men or put them on trial.” He added that, even though previous prisoners had been released they were “facing another Guantánamo” in their own country. “They are put in jail for a long time without any charges,” he noted.

When he was finally freed from Yemeni custody, al-Tays (identified as Ali al-Taiss) reportedly joined up with Al-Qaida in the Arabian Peninsula (a Yemen-based Al-Qaida offshoot, which was reportedly formed in January 2009 as a result of the merger of Al-Qaida’s Saudi and Yemeni branches), but surrendered to the Yemeni authorities in August 2010, when he “expressed remorse for having served in Al-Qaeda” and said he was “ready to collaborate” with Yemeni authorities,” according to a report by AFP, citing a source quoted by the official Saba news agency.

Fahd Al Jutayli (ISN 177, Saudi Arabia) Released May 2006

In Chapter 6 of The Guantánamo Files, I explained how Fahd al-Jutayli, who was just 18 years old at the time of his capture, stated in Guantánamo that he went to Afghanistan for training, although he denied an allegation that he was specifically recruited by a sheikh “to fight in Kashmir and Chechnya.” Instead, he trained at Al-Farouq, but never made it out of Afghanistan, except to be captured by the Pakistani authorities and turned over to the US.

In the documents released by WikiLeaks in April 2011, the file relating to al-Jutayli was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated April 1, 2005, in which it was noted that he was born in May 1981, and was “in good health.”

In telling his story, the Joint Task Force noted that, after graduating from high school, and working for two months as a cashier in a food market, he “quit his job to learn more about the Muslim religion.” He “attended the Mosque of Akbar for two months and then enrolled into the Al-Imam Mohammed Bin Saud University, where he only attended one term,” before he responded to a fatwa and “volunteered for military training in Afghanistan in August 2001.” He then followed a well-worn route, flying to Karachi, taking a bus to Quetta, and then traveling to “the Center for Arabs” in Kandahar, which was assessed to be a reference to the Al-Nebras guesthouse. There, he “handed over his passport and belongings to the person in charge of the house,” and, approximately four days later, was taken by bus, with four others, to the Al-Farouq training camp.

After two weeks of training, he and his fellow trainees were taken to a guesthouse in Kabul (probably after the 9/11 attacks), and, three weeks later, were driven by bus to Jalalabad, “During this time,” as the Task Force described it, he “and his group were armed with weapons,” but he then “informed Mehjad, the leader, who had provided food and clothing to the group, [that] he wished to go to Pakistan,” but was informed he would need to wait a while.” Approximately ten days later, in mid-November 2001, he said that he and Mehjad “traveled by car to the Tora Bora Mountains,” where he was handed over to a Yemeni guide responsible for taking him through the mountains to Pakistan. With nine others, he was led to a village, where “they were required to hand over their weapons,” and “were then captured by Pakistani authorities.”

He was apparently “transferred from the Kohat prison in Pakistan and turned over to US custody on 31 December 2001,” and was sent to Guantánamo on February 9, 2002, on the spurious basis that it was to “provide information on the following: Taliban training activities at Al-Farouq in Kandahar, Afghanistan (AF) and Camp Umar Seyf [the Omar Saif Center] in Kabul, AF, Taliban recruiting activities in Barayada [Burayda], SA, Hamza Al-Muhajir [an Al-Qaida explosives expert, who was a trainer at Al-Farouq, and is described in this file as the man who ran the camp], Abu Al-Munthir [presumably another trainer, although further details were not provided] [and] Escape routes and methodology from Afghanistan to Pakistan.”

In assessing his story, the Task Force took exception to his claims about what happened after Al-Farouq, stating that he had traveled with others from Al-Farouq to the front lines at Bagram, and that, when the front lines collapsed, he “fled with the others to Tora Bora,” before leaving for Pakistan. It was not entirely clear what the source of this assessment was, although two witnesses were cited. One, Ali Yahya al-Raimi (ISN 167, cleared but still held), apparently stated that, “following the closure of Al-Farouq training camp,and a quick stop at Al-Ansari Al-Nebras guesthouse in Kandahar, he traveled to Kabul with the remaining members of his training group,” although he failed to mention al-Jutayl by name, and the other witness was Yasim Basardah (ISN 252), a Yemeni known as the most prolific and unreliable witness in Guantánamo, who claimed that he had seen al-Jutayli “at the Al-Nebras guesthouse, Al-Farouq, and Tora Bora.”

The Task Force assessed al-Jutayli as being “of medium intelligence value,” and “a medium risk, as he is likely to pose a threat to the US, its interests and allies,” and also assessed him as “a low-level member of Al-Qaida who went to Afghanistan (AF) for the purpose of receiving jihadist training.” It was also noted that he “ha[d] been non-compliant during his detention,” and “ha[d] a relatively high amount of disciplinary reports,” having been “forcefully extracted from his cell two times.” In conclusion, although al-Jutayli was recommended to be retained in DoD control on November 22, 2003, Brig. Gen. Hood approved his transfer to continued detention, although it was not specified what had happened to change the assessment over the previous 16 months.

After his release, al-Jutayli was processed through the Saudi government’s extensive rehabilitation program, but in February 2009 he was included as one of eleven former Guantánamo prisoners in a list of the Saudi government’s 85 most wanted militants, all of whom had allegedly left Saudi Arabia. He was reportedly killed in September 2009 “during a shootout between the Yemeni Army and the Shiite Houthi rebels,” although it was unclear why he would have been fighting with Shiites, and in June 2011 former prisoner Ibrahim al-Rubeish (ISN 192, see below), reportedly the chief theologian of Al-Qaida in the Arabian Peninsula, stated in a video that al-Jutayli was actually killed in an accident during training. He “trained with some of his brothers with bombs, during which one of the bombs exploded at them and he was the closest to it” and “was instantly killed,” al-Rubeish said.

Issam Al Jayfi (ISN 183, Yemen) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Issam al-Jayfi, who was 22 years old, described himself in Guantánamo as a government clerk and a wayward youth, who smoked, drank alcohol and loved the company of women, and was persuaded to go to Afghanistan by a religious friend called Sami. Never having been outside Yemen, he thought it would be like Europe, a place where he could live freely, but he explained that when they arrived Sami told him they had come to fight. He said he then fled to Pakistan, where some villagers turned him over to the police.

In the documents released by WikiLeaks in April 2011, the file relating to al-Jayfi was a “Recommendation [for] Release or Transfer to the Control of Another Country for Continued Detention (TRCD),” dated October 29, 2004, in which it was noted that he was born in September 1979 and was “in good health.”

In telling his story, the Joint Task Force noted that, in the summer of 2001, he “was approached by a neighborhood acquaintance,” who “encouraged [him] to travel to Afghanistan and made all the necessary travel arrangements,” telling him that “the Saudi Arabian and Yemeni governments had issued fatwas concerning the jihad in Afghanistan.” On August 22, 2001, he set off with this acquaintance, traveling to a guesthouse in Kabul via Karachi, Quetta and Kandahar. Two weeks later, his companion departed to fight the Northern Alliance, but he “refused to join him and stayed at the guesthouse for a total of seven weeks.”

However, as the Northern Alliance approached Kabul, he “and other members of the guesthouse were forced to flee,” and “were taken to the ‘Tunisian guesthouse’ in Jalalabad, AF, where they stayed for a couple of days until the situation there became dangerous,” and “then moved to a small village right outside Jalalabad where they remained for over one month.” He said that he “wanted to leave Afghanistan, but was told it was too difficult to leave at that time,” but he “eventually took a chance anyway” and set off for Pakistan with a group of about ten people. He also said that he “and three other men in the group were stopped by a group of Pakistanis,” who “convinced them to follow them to safety, and instead handed them over to the Pakistani authorities.” He was turned over to US forces in Kohat on December 31, 2001, and was sent to Guantánamo on January 17, 2002, although it was “not documented why [he] was transferred to JTF GTMO.”

In assessing his story, the Task Force determined that he was “of low intelligence value due to his limited knowledge of safehouses and activities of associates in Afghanistan,” and that he posed “a medium risk, as he may pose a threat to the US, its interests and allies.” The Task Force also claimed that his activities were “consistent with those of a low-level fighter or associate,” although “details regarding [his] true activities have yet to be extracted.” Elsewhere, it was noted that it was “difficult to assess the true nature of [his] role in Afghanistan,” and the Task Force stated that, although he had been “cooperative [and] consistent,” he had “revealed little.” Conflicting accounts included the fact that, although he said that he “was convinced to travel to Afghanistan for military training unavailable to him in Yemen,” he “did not receive any type of training while in Afghanistan”; and that, although he “admit[ted] he carried a weapon, he claim[ed] he never fired or felt the need to use the weapon while in Afghanistan and Pakistan.”

It was also noted that he did “not appear to have special skills, education, or the capability to organize or coordinate attacks against the US,” and that his “overall behaviour ha[d] been generally compliant and non- aggressive,” and he had only “one incident where he threw water on the guards.” As a result, Brig. Gen. Hood recommended him for release or transfer, although even the Task Force’s assessment was too severe for the Criminal Investigative Task Force, which had “assessed [him] as a low risk on 23 March 2004.” However, “In the interest of national security and pursuant to an agreement between the CITF and JTF GTMO Commanders, CITF [deferred] to JTF GTMO’s assessment that [he] pose[d] a medium risk,” and it took another two years and two months until he was released.

After his release in December 2006 with five others, only one of these men was released outright, and the others, including al-Jayfi, were “held in the National Security without any charges being brought against them,” as Khaled al-Anisi, a lawyer and the executive director of the Yemeni National Organization for Defending Rights and Liberties (HOOD), told Yemen Times on January 7, 2007. A Yemeni security official said they “would be released if investigations showed that they were not involved in any terrorist acts,” but al-Anisi said, “We have sent a letter to the General Prosecution and another one to the National Security Organization, in which we demanded the immediate release of the men or put them on trial.” He added that, even though previous prisoners had been released they were “facing another Guantánamo” in their own country. “They are put in jail for a long time without any charges,” he noted.

Othman Al Ghamdi (ISN 184, Yemen) Released June 2006

In “The Guantánamo Files: Website Extras (5) – Escape to Pakistan (The Yemenis),” I explained how Othman al-Ghamdi (also identified as Othman al-Omairah),  who was 28 years old when he was seized, was listed by the Pentagon as a Yemeni, but was one of the 14 prisoners released to the Saudi Arabian authorities in June 2006. In the thin series of allegations in his Unclassified Summary of Evidence, it was alleged that he answered a fatwa and traveled to Afghanistan on a forged passport, provided a false name when captured, and trained for a month from October to November 2001 at Al-Farouq. Noticeably, this latter allegation was impossible, because Al-Farouq shut down after 9/11.

In the documents released by WikiLeaks in April 2011, the file relating to al-Ghamdi was an “Update Recommendation to Transfer With Conditions to the Control of Another Country (TWC),” dated June 6, 2005, in which it was noted that he was born in 1973, and was “in good health.”

In telling his story, the Joint Task Force noted that he “served in the Saudi military,” but deserted after he was overpaid accidentally and was unable to repay the amount because he had spent it. He then “worked in Steel and Iron construction in Jeddah, SA from 2000-2001,” when he traveled to Mecca (for the hajj, presumably) and his taxi driver “told [him] about the sufferings of the Muslims in Chechnya and encouraged [him] to fight there,” and “showed [him] videotapes on Chechnya and then spoke to him regarding routes of travel for foreign fighters going into Chechnya.” The taxi driver had reportedly “fought in the jihad in Kashmir and had contacts that would facilitate entry into Afghanistan, and eventually into Chechnya.” He also bought al-Ghamdi’s plane ticket to Afghanistan, although al-Ghamdi “claim[ed] to have financed the rest of his trip.”

It was then noted that he traveled to Afghanistan and “trained at Al-Farouq from October to November 2001,” and an analyst claimed that he “was there after the 9/11 attacks, but before the bombing of Al-Farouq by coalition forces,” which, as I mentioned above, doesn’t make sense, as every other account indicates that Al-Farouq closed immediately after 9/11, because those in charge feared instant retaliation from the US.

It was then noted that “he was captured by Pakistani police near the Afghanistan-Pakistan border without documentation,” and was transferred to US custody on December 31, 2001. He was sent to Guantánamo on January 14, 2002, on the spurious basis that it was to “provide information on the following: Military training conducted by Taliban instructors at Al-Farouq to include small arms training and physical fitness training [and] Location, security, and physical layout of Al-Farouq.”

In assessing his story, the Task Force noted that he had “stated that he hates America,” and also that he “believes all fatwas (religious declarations) which state that Americans should not be in the Arabian Peninsula.” It was also noted that he had lied about his name and nationality, which, of course, aroused suspicion. In addition, it was noted that he “ha[d] not been cooperative and ha[d] been hostile since being at GTMO,” because he “ha[d] determined that he will be in prison whether in American custody or Saudi custody, but prefers the former. By keeping his potential intelligence to himself and remaining a hostile-appearing detainee, he believes the US will see it as a requirement to keep him out of need to exploit him due to his threat level.” To back this up, the Task Force noted that he had said that, because he “went AWOL from the Saudi military and fled to Afghanistan,” he believed this would “lead to severe punishment in Saudi Arabia,” and also because, according to al-Ghamdi, “the Saudi delegation told him that if Saudi Arabia gets him, he would not go home.”

Following up on this, it was noted that his “overall behavior ha[d] been hostile and non-compliant,” and he was “often reported using refusals, harsh/threatening language and major/minor assaults in order to intimidate the guard force into getting what he wants.”

Nevertheless, the Task Force determined that he was “of low intelligence value,” and that he posed “a medium risk, as he may pose a threat to the US, its interests and allies,” and Brig. Gen. Hood recommended him for “transfer with conditions” updating a recommendation that he be retained in DoD control, which was issued on March 13, 2004. Even so, it took another year for him to be released to the custody of the Saudi government.

After his release, al-Ghamdi was processed through the Saudi government’s extensive rehabilitation program, but in February 2009 he was included as one of eleven former Guantánamo prisoners in a list of the Saudi government’s 85 most wanted militants, all of whom had allegedly left Saudi Arabia. The Saudi Gazette reported that, although he was married with a son, and, after passing through rehabilitation,  had been living in Bahah, in the south of Saudi Arabia, working as a car dealer, he had suddenly disappeared. The speculation was that he was “believed to have sneaked into a neighboring country along with Adnan Al-Sayegh” (aka al-Saigh), another former Guantánamo prisoner, profiled in Part Two of this series. In May 2010, al-Ghamdi was featured in a videotape released by Al-Qaida in the Arabian Peninsula, in which it was stated that he had “risen to the rank of operational commander” within the organization.

Jabir Al Fayfi (ISN 188, Saudi Arabia) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Jabir al-Fayfi, who was 26 years old at the time of his capture, said in Guantánamo that, having responded to a fatwa and traveled to Afghanistan, he received two weeks’ training and was then moved to the front lines, but added that “there was no fighting during my time there,” and that he was soon forced to retreat, crossing to Pakistan with a group of other people. Denying an allegation that he met Al-Qaida members in Tora Bora, he said that he only passed through the area on his way to Pakistan, and pointed out that, although he met some other Arabs, he did not know whether they were al-Qaeda, because “Al-Qaida do not have a special uniform for me to recognize and avoid them.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Fayfi was a “Recommendation for Continued Detention Under DoD Control (CD),” dated December 16, 2005, in which it was noted that he was born in 1975, and it was also noted that he was “in good medical health,” although he had “a history of latent TB,” in common with many of the prisoners, but had “refused therapy.” It was also noted that he had “a history of left foot sensory neuropathy and GERD [Gastroesophageal Reflux Disease aka acid reflux or heartburn],” and that he “went on hunger strike in June 2005,” at the start of the prison-wide hunger strike that summer, when between 100 and 200 prisoners went on a hunger strike.

In telling his story, the Task Force noted that, after dropping out of high school, and spending two years at a technical school, he “joined the Saudi military and worked as a military policeman for two and a half years,” and was then discharged and spent three to four years as a taxi driver. An analyst noted that he “claimed to have five brothers and one uncle who were serving in the Saudi military or police force at the time of his capture.”

In late 2000, he met a man at a mosque, identified by the US authorities as a recruiter known to have “identified young men for jihad in Chechnya and Kashmir,” who persuaded him to travel to Kashmir to fight. He was reportedly “motivated to join the jihad by feelings of solidarity with his fellow Muslims and the reward of heaven,” and traveled to Kashmir in February 2001, where he undertook military training and “admitted to conducting at least three attacks on Indian forces,” although he claimed not to know whether the camp was run by the militant group Jaish-e-Mohammed, as the US authorities believed. In June 2001, he was asked if he wanted to travel to Afghanistan,” and said that he “initially declined, but was convinced to fight alongside the Taliban after reading an article” in which a Saudi sheikh “issued a fatwa against the violators in Afghanistan.”

He then apparently traveled by bus to Kabul, and then on to the Said Arab Center in Bagram, where he stayed for about three weeks, and then moved with the shifting of the front lines, where he served with approximately 25 other Arabs for a four-month period, until, after the US-led invasion, and “[d]ue to the increased intensity of the coalition bombing campaign, a retreat to the caves in Tora Bora, AF, was ordered in November of 2001.”

There, he said, he “and three Pakistanis who were fighting alongside the Taliban evaded through the cave complex for seven to twelve days.” Explaining more about his perception of the differences between himself and Al-Qaida, he said that “[s]ome of the caves contained all Arabs and [he] heard that others contained Al-Qaida,” and that “these individuals could be identified because they carried radios and served in various leadership roles.”

Al-Fayfi also stated that he “and his group surrendered to the Pakistani army on 19 December 2001 in the Tora Bora/Pakistani border region,” and that he “was arrested and,imprisoned for two to three weeks and then delivered to US custody on 31 December 2001.” He was sent to Guantánamo on January 16, 2002, on the spurious basis that it was to “provide information on the following: The Jaish-e-Mohammed organization and information on weapons training, training camp locations, and camp instructors near Kandahar.”

In assessing his story, the Task Force concluded that he was “of low intelligence value,” but posed “a medium risk, as he may pose a threat to the US, its interests and allies.” Although he was also identified as being “a high threat from a detention perspective,” because his “overall behaviour ha[d] become increasingly non-compliant and hostile to the guard force and staff,” it was noted that he had been cooperative with his interrogators, and had been “forthcoming about his recruitment, initial training and operations in Kashmir, as well as his subsequent decision to travel to Afghanistan.” It was also noted that he may have arrived in Afghanistan before 9/11, rather than afterwards, and, without commentary, it was also noted that, “While he admits to serving in a primarily Arab unit, he denies being a member of Al-Qaida.”

He was also assessed as “a probable member of Al-Qaida and a highly trained fighter,” who had “probably minimized any combat he may have seen against US or coalition troops in Bagram and Tora Bora,” but all that could be drawn on to identify him as anything more than an extremely peripheral Arab fighter (no doubt because he had come from Kashmir rather than through an Afghan training camp) were dubious claims about variations of his name or his purported aliases being found on documents recovered from computers during house raids.

Of particular importance was the fact that, in July 2002, a delegation from Saudi Arabia “identified detainee as of low intelligence and law enforcement value to the US, and unlikely to pose a terrorist threat to the US or its interests.” In addition, the Saudi delegation “indicated that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution as soon as the US determined it no longer wanted to hold him.”

Presumably as a result of this, Maj. Gen. Hood recommended him for continued detention (following up on a previous recommendation that he be retained in DoD control, which was issued on May 21, 2004), but with the proviso that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO).” In addition, it was reiterated that a visiting Saudi delegation “indicated that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution.” A year later, he was released.

After his release, al-Fayfi was processed through the Saudi government’s extensive rehabilitation program, but in February 2009 he was included as one of eleven former Guantánamo prisoners in a list of the Saudi government’s 85 most wanted militants, all of whom had allegedly left Saudi Arabia. The Saudi Gazette reported that his family “declined to talk about his life,” so little more was heard about him until October 2010, when he turned himself in to Saudi authorities.

According to AFP, he “contacted the Saudi government in recent weeks saying he wanted to return home and a handover was arranged through Yemen’s government, interior ministry spokesman General Mansour al-Turki said.” Just a few weeks later, he was credited with providing “the key tip-off that led to the discovery of the two mail bombs sent from Yemen to the US” at the end of October 2010, indicating that not all the “recidivism” stories end badly.

Saleh Al Khathami (ISN 191, Saudi Arabia) Released June 2006

In Chapter 6 of The Guantánamo Files, I explained how Saleh al-Khatami, who was 20 years old at the time of his capture, said in Guantánamo that he arrived in Afghanistan in August 2001 and traveled “from village to village staying with Afghan families and teaching the Koran.” He also “stated that he could have possibly admitted to some things that were identified in the unclassified summary because he was pressurised and tortured by the Pakistani police” — presumably the claims that he “stayed at Najm Al-Jihad, a known terrorist organisation housing compound owned by Osama bin Laden,” and trained at Al-Farouq.

In the documents released by WikiLeaks in April 2011, the file relating to al-Khathami was an “Update Recommendation to Retain in DoD Control,” dated July 25, 2005, in which it was noted that he was born in November 1981, and was “in good health,” although it was also noted that he had latent TB, in common with many of the prisoners, “but ha[d] not been compliant with treatment,” and also that he had “a history of mild malnourishment and ha[d] been followed by the weight program.” No further information was provided about his “history of mild malnourishment,” and whether it was to do with being on a hunger strike, but in “Guantánamo’s Hidden History: Shocking Statistics of Starvation,” a report I compiled in 2009, based on weight records released by the Pentagon in 2007, I noted that he weighed 134 pounds on arrival at Guantánamo, but that his weight then dropped to just 106 pounds in October 2002.

In telling his story, the Joint Task Force noted that he had just finished studying at school, and had “enrolled in a summer sports center program for two months,” when he attended a lecture given by a sheikh who “proclaimed that Russian soldiers were killing innocent Muslims in Chechnya and that the situation warranted every Muslim, no matter what fighting skills they had, to join the struggle.” The sheikh and a student friend of al-Khathami’s “encouraged [him] to train in Afghanistan and then fight in Chechnya,” and so he set off for Afghanistan in August 2001, traveling to the Al-Farouq training camp near Kandahar via Karachi and Quetta.

He then traveled to Jalalabad, via Kabul, where he apparently stayed at Osama bin Laden’s Najm Al-Jihad compound for three weeks “while trying to come up with a way to get out of Afghanistan” — and, as was stated elsewhere in the file, because “he became ill with jaundice-like symptoms” — and then “joined a group of Arabs heading to Tora Bora, AF, where he remained for approximately six weeks until the massive withdrawal from Tora Bora to the border of Pakistan.”

According to “reporting by Pakistani intelligence,” he was “transferred from Kohat Prison, Pakistani control, to Kandahar Detention Facility, US custody, on 31 December 2001,” and was sent to Guantánamo on February 13, 2002, on the spurious basis that it was to “provide information on the following: Al-Qaida-run Al-Farouq training camp in Kandahar, AF, Personalities involved with training fighters in Afghanistan, to include but not limited to Al-Jarah [this reference was not identified further], Sheikh Abdullah Abdah Rahman Jabrin, who directed him to go fight [and] Abu Said Sharki,who was in charge of the Arab safehouse in Jalalabad, AF.”

In assessing his story, the Task Force described him as “a probable member of Al-Qaida due to his name being found on a number of documents associated with that group.” This was a reference to dubious claims that his name and/or his supposed aliases were found on documents recovered from computers seized in house raids, but even if they were true, the reference to being “a probable member of Al-Qaida” tends to obscure the fact that he was only involved in the military wing of Al-Qaida, in a specifically Afghan conflict that only mutated into a war against the US after the US-led invasion, and not with that part of Al-Qaida that was devoted to international terrorism.

The Task Force assessed al-Khathami as lying when he “tried to refute his claims by stating that his admissions of traveling to Afghanistan for jihad [were] a lie and that he was forced by the Pakistani authorities to make those admissions.” This was “deemed false due to his knowledge of the front lines of Afghanistan,” and was appropriate, but there was nothing else in his file to identify him as anything other than an insignificant foot soldier, barely trained, and unable to shed any light on significant personalities, and in fact, the Task Force assessed him as being “of low intelligence value,” but claimed that he posed “a medium risk, as he may pose a threat to the US, its interests and allies.”

It was also noted that, in Guantánamo, his “overall behaviour ha[d] been non-compliant, but not hostile in nature,” and, as a result, it was not entirely clear why Brig. Gen. Hood recommended him for continued detention in Guantánamo (updating a previous recommendation that he retained in DoD control, dated March 6, 2004), rather than recommending him for a transfer to continued detention in Saudi Arabia, although this evidently took place eleven months later.

Ibrahim Al Rubeish (ISN 192, Saudi Arabia) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Ibrahim al-Rubeish, who was 22 years old at the time of his capture, was only in Afghanistan for three months. In Guantánamo, he admitted training at al-Farouq and passing through Tora Bora on his way to Pakistan, but said that he went to Afghanistan primarily to “train for the jihad for God.” When asked who he was training to fight, he replied, “Whoever fights Muslims,” and when asked if he thought that this included the US, he said, “the United States is a partner with Saudi Arabia, so how could I consider it an enemy of Islam if it’s a friend of Saudi Arabia?”

In the documents released by WikiLeaks in April 2011, the file relating to al-Rubeish was a “Recommendation for Continued Detention Under DoD Control (CD),” dated November 30, 2005, in which his name was spelt Arbaysh, Al-Rabeesh, Al-Rubaish, El-Roubish and Al-Rubaysh, and it was also noted that he was born in 1978, and was “in good health,” although he “refused treatment for latent TB,” and “went on a hunger strike in March 2002.”

In telling his story, the Joint Task Force noted that he had studied Islamic law, and “claimed he received an inheritance and did not need to work.” He apparently “decided to participate in jihad” at the urging of a sheikh who was particularly concerned at the atrocities in Chechnya, and followed a familiar route to Afghanistan to be trained, via Karachi and Quetta, where “an Afghan met [him] at the airport, and they traveled to a guesthouse in Kandahar, Afghanistan (AF), circumventing checkpoints at the border.” There, he “was instructed to stay at what he believed was an Arab guesthouse for a few days,” and “then traveled to Al-Farouq, arriving in what he believed to be the end of May 2001.”

At Al-Farouq, he said, he “was searched, allowed to retain his passport and other personal belongings, and instructed to fill out an application,” and then received military training for approximately three weeks,” after which “he was told that the camp was to be evacuated because of the risk of coalition bombing,” which indicated that he probably arrived at Al-Farouq in August 2001, and not in May, as the risk of coalition bombing followed the 9/11 attacks.

He was then “told to go to a guesthouse in Kabul” — or, more probably, he was taken there — where he stayed for seven to ten days, and then departed for Jalalabad, where he stayed in a guesthouse for approximately a month. A commander from Tora Bora then turned up and “told him to ‘return’ to Tora Bora since Jalalabad was about to fall,” and, when he arrived in Tora Bora, his unit commander issued him a Kalashnikov. He said that it was in Tora Bora that he lost his passport, although the Task Force doubted this, believing that, despite what he said, he would have been obliged to hand it over “for safekeeping” at the guesthouse.

He was then seized by Pakistani authorities as he was fleeing Afghanistan into Pakistan, and was transferred to US custody on December 31, 2001 in Kohat. He was sent to Guantánamo on January 16, 2002, on the spurious basis that it was to “provide information on the following: Jaish-e-Mohammed (JEM) and its weapons training, training camp locations, and camp instructors near Kandahar.” This did not appear to make sense, as al-Rubeish had not mentioned Jaish-e-Mohammed, a Pakistani militant group, but elsewhere in his file it was noted, “It is unclear why officials at Bagram believed [he] had information related to Jaish-e-Mohammed (JEM),” and its mention here was obviously following up on that.

In assessing his story, the Task Force concluded that he was “of medium intelligence value,” and posed “a medium risk, as he may pose a threat to the US, its interests and allies.” It was also noted that he was “a moderate threat from a detention perspective,” because his “overall behavior ha[d] been non-compliant and rarely hostile to the guard force and staff.”

What should have counted in his favor was the Saudi government’s opinion about him, because it was noted that, “After the 2002 Saudi delegation visit, detainee was identified by Mabahith [the Saudi secret service] as one of the seventy-seven Saudi nationals of low intelligence and law enforcement value to the US Government but of whom [sic] the Saudi Government would attempt to prosecute if transferred to their custody from Guantánamo Bay.”

The main reason that Maj. Gen. Hood recommended him for continued detention at Guantánamo (updating a recommendation to retain in DoD control, dated October 15, 2004) instead of recommending him for transfer to continued detention in Saudi Arabia appears to be because of certain doubts about him — primarily because he was “assessed as an Al-Qaida member who traveled to Afghanistan intent on training for jihad in Chechnya, but stayed and joined the Taliban,” because he “stayed in Al-Qaida guesthouses” and attended what was described, in exaggerated terms, as “that group’s Al-Farouq terrorist training camp,” because he participated in hostilities in Tora Bora,” and also because he was “linked to known Al-Qaida members.”

The latter claim was probably the most troubling to the Task Force, which specifically noted that he “had the name Ibad al-Maki and a phone number in his pocket litter,” which was assessed to refer to Ibada al-Makki, described as “a known Al-Qaida facilitator and fundraiser,” and “a close contact” of Abu Zubaydah (ISN 10016, still held), who was described as “a senior Al-Qaida operative,” but is more aptly described as the mentally damaged gatekeeper for the Khalden training camp, and one of the Bush administration’s most notorious torture victims and CIA “ghost prisoners,” prior to his arrival at Guantánamo in September 2006. It was also noted that, when Abu Zubaydah was “asked to review the names” on a list allegedly recovered from a house used by Khalid Sheikh Mohamed (ISN 10024, still held), “detainee’s name/alias was familiar to Abu Zubaydah.”

That means nothing, as Abu Zubaydah seems regularly to have claimed to identify people he did not know, and had no reason to know, presumably only to stop his torture, but what also probably convinced the Task Force of al-Rubeish’s significance was a statement by Abdul Aziz al-Baddah (ISN 264, released in June 2006 and also identified as Abd al-Aziz Abd al-Rahman), who apparently claimed that al-Rubeish had “some type of leadership role among detainees and strongly influence[d] them,” and also had “deep and strong information.” An analyst noted that it was unknown whether this referred to “information about Al-Qaida or about others at Guantánamo Bay,” but it was certain that, in the paranoid atmosphere at Guantánamo, it would have been regarded as significant. As a result of all the doubts above, he was not released for another 13 months.

After his release, al-Rubeish was processed through the Saudi government’s extensive rehabilitation program, but in February 2009 he was included as one of eleven former Guantánamo prisoners in a list of the Saudi government’s 85 most wanted militants, all of whom had allegedly left Saudi Arabia. In November 2009 (identifying him as Ibrahim al-Rubaish), the Jamestown Foundation published an article identifying him as the Mufti, or chief theologian of Al-Qaida in the Arabian Peninsula. The article noted that he “was born in the ultra-conservative region of Buridah in al-Qasim in 1980, where he studied until graduating from Imam Muhammad bin Sa’ud University with a BA degree in Shari’a,” and that, after his time in Guantánamo and in the Saudi rehabilitation program, he “decided to complete his Master’s degree, but suddenly disappeared,” and it later emerged that he “left his wife and three children behind to join al-Qaeda in Yemen in April 2008.” He is now regarded as one of the most significant members of Al-Qaida in the Arabian Peninsula.

Also see “A Poem From Guantánamo: “Ode to the Sea” by Ibrahim al-Rubaish,” included in the book, Poems from Guantánamo: The Detainees Speak, published in 2007.

Mohsin Moqbill (ISN 193, Yemen) Released December 2006

In Chapter 6 of The Guantánamo Files, I explained how Mohsin Moqbill (also identified as Muhsin Moqbill), who was 20 years old at the time of capture, was one of several Yemeni prisoners recruited for jihad by Ibrahim Baalawi (aka Ba Aloui), also known as Abu Khulud (or Abu Khalud) and regarded by the US authorities as a facilitator for Osama bin Laden, who escaped from Tora Bora (the site of a showdown between Al-Qaida and US forces in December 2001) and would clearly have been a much bigger catch than any of the foot soldiers rounded up instead.

Moqbill said in Guantánamo that Baalawi recruited him by teaching him about fatwa and jihad, which he described as the obligation “to help others, to give what you can.” However, he said that when he arrived at Al-Farouq, he regretted his decision, and pointed out that many of the militant sheikhs in the Gulf had now “recalled all their fatwas.” Captured after staying in a village in the Tora Bora mountains for 26 days and then crossing into Pakistan with a dozen other people, he and his group surrendered their weapons in a border village and were then taken to the Pakistani police.

In the documents released by WikiLeaks in April 2011, the file relating to Moqbill was a “Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated October 1, 2004, in which it was noted that he was born in 1980, and was “in good health.”

In telling his story, the Joint Task Force elaborated on the story he told at Guantánamo, noting that, as he was “approaching the completion of his high school education, he spoke about the jihad in Afghanistan (AF) with a friend of his,” after hearing a fatwa in his family’s local mosque, and “decided to go fight for the Taliban, whom he revered for favoring Arabs and treating them well.” Around October 2000, he traveled to the Al-Farouq training camp near Kandahar, via Karachi and Quetta, where, he said, he “trained for 10 days,” and then “went to the Mullah Ibrahim Center north of Kabul, AF, where he spent 11 to 12 months on the second line near Bagram.” There, he said, he “was issued an AK-47, but didn’t participate in any battles,” although “he did witness artillery and tank activity during that time.” Instead, he said, “he spent most of his time eating, reading and playing soccer.”

Moqbill said that, “[w]hen the US airstrikes began in November 2001, [he] and his group fled to Jalalabad,” where they “stayed at an unidentified Taliban center,” and were then taken to a location “one hour outside of Jalalabad in the direction of Tora Bora where they stayed for another 26 days.” He and his group were then led for four days by an Afghan guide “across the border to a small Pakistani village where he was taken into custody by Pakistani authorities.” He was reportedly handed over to the US authorities on December 31, 2001, in Khost, Afghanistan (although no explanation was forthcoming as to why he was not handed over in Pakistan), and was then flown to Kandahar “for initial debriefings.”

He was sent to Guantánamo on May 3, 2002, on the spurious basis that it was to “provide information on: Al-Qaida or Taliban recruiter/travel facilitator Ibrahim Ba Aloui, aka Abu Khalud, Safehouses in Quetta, PK, Kandahar, AF, Kabul, AF, and Jalalabad, AF, The Al-Farouq Al-Qaida basic training camp [and] The second line in the Bagram area of Afghanistan.”

In assessing his story, the Task Force described him as being “of low intelligence value,” and of posing “a medium risk, as he may possibly pose a threat to the US, its interests and allies,” primarily because he was assessed as “a low-level combatant of the Taliban and Al-Qaida’s global terrorist network,” who had  “participated in combatant training, and participated in hostile actions against the US or allies as part of a jihad.” It was also assessed that his “associations with known terrorist organizations and facilitators” meant that “he may be vulnerable to recruitment for terrorist groups.”

However, it was also noted that “he does not appear to be a senior leader or have direct ties to senior leadership,” and that JTF GTMO believed he had been “truthful in his claims” and had been “fully exploited.” As a result, and also because he “[did] not have any disciplinary history in the camp,” and was “now fully cooperative with his debriefers, often showing signs of extreme remorse,” Brig. Gen. Hood recommended that he be “transferred to the control of another country for continued detention,” although he was not freed for another two years and two months.

After his release, with five others, only of these men was released outright, and the others, including Moqbill, were “held in the National Security without any charges being brought against them,” Khaled Al-Anisi, a lawyer and the executive director of the Yemeni National Organization for Defending Rights and Liberties, known as HOOD. told Yemen Times on January 7, 2007. A Yemeni security official said they “would be released if investigations showed that they were not involved in any terrorist acts,” but Al-Anisi said, “We have sent a letter to the General Prosecution and another one to the National Security Organization, in which we demanded the immediate release of the men or put them on trial.” He added that, even though previous prisoners had been released they were “facing another Guantánamo” in their own country. “They are put in jail for a long time without any charges,” he noted.

Muhammad Al Futuri (ISN 194, Libya) Released December 2006

In a footnote to Chapter 7 of The Guantánamo Files, I explained how Muhammad al-Futuri (also identified as al-Futri), who was 33 years old at the time of his capture,  had been living in Jalalabad. In Guantánamo, he denied allegations that he was a member of the Libyan Islamic Fighting Group, and presented himself as an economic migrant.

In the documents released by WikiLeaks in April 2011, the file relating to al-Futuri was a “Recommendation for Continued Detention Under DoD Control (CD),” dated March 8, 2006, in which he was also identified as Muhammad al-Rimi, and it was noted that he was born in December 1968, and was “in good health,” although it was also noted that he had “a history of latent tuberculosis,” in common with many of the prisoners, but had “refused INH therapy.” It was also noted that he had “congenital clubbed feet,” and “was on hunger strike in August 2005, October 2005, and January’ 2006.”

In telling his story, the Joint Task Force noted that “he claimed to be a merchant selling used furniture, clothing, and home appliances in the outdoor bazaar in Benghazi” between 1987 and 1998, but that, “[i]n approximately June 1999, [his] neighbors informed him that the Libyan Secret Service (LSS) came to his house to question him.” Al-Futuri said the LSS “was arresting ‘all bearded, committed Muslims,’” but that, [w]ith the assistance of ‘some brothers’ (NFI), he was smuggled out of Libya and into Egypt (EG) with $1000USD.”

According to an analyst, he said he left Benghazi in a traveling group of the vast missionary organisation Jamaat al-Tablighi (JT) as a volunteer, “traveling around Islamic countries, visiting madrases and preaching Islam” until 2001. However, in another account, he left Egypt after two months and traveled to Saudi Arabia, where he met a Yemeni, and the two men, motivated for jihad by fatwas, traveled to Pakistan. In Peshawar, they met a Pakistani and an Afghan who took them to Jalalabad. From there, he said, his companion went to the front lines north of Kabul, whereas he remained in Jalalabad, and “claimed to have traveled frequently to Kabul, AF, and Pakistan as a JT member.”

He then said that, when the Northern Alliance took Jalalabad, he “fled back to Pakistan where he was arrested, jailed for a couple of days, and then turned over to US custody in Kandahar.” However, Ibn al-Shaykh al-Libi, the emir of the independent Khalden training camp, which was closed down by the Taliban in 2000, because al-Libi would not let it be run by Osama bin Laden, claimed that al-Futuri was seized with him, as part of a large group captured at the time. The problem with this story is that statements credited to al-Libi are thoroughly unreliable because, after his capture, al-Libi (identified by the number ISN 212, even though he was never held at Guantánamo), was sent by the CIA to Egypt, where he was tortured until he made a false confession that there were links between Al-Qaida and Saddam Hussein. He later recanted this claim, but it was used to justify the illegal invasion of Iraq in March 2003. After this, he was held in a variety of secret prisons, and was returned to Libya, probably in 2006, where he died in prison, allegedly by committing suicide (although this was disputed by those who knew Gaddafi’s regime well) in May 2009.

Whether there was any truth to al-Libi’s claim, al-Futuri “was transferred from Pakistani authorities in Kohat, PK, to US custody on 31 December 2001,” and was sent to Guantánamo on January 16, 2002, although there were “no reasons for transfer documented in [his] record.”

In assessing his story, the Task Force described him as being “of medium intelligence value” (adding that his “most recent interrogation session occurred on 26 January 2006″), and of posing “a medium risk, as he may pose a threat to the US, its interests and allies.” He was “assessed to be deceptive,” partly because he “initially claimed to be Yemeni and attempted to change nationalities several times before admitting he [was] a Libyan in 2003,” but primarily because he “provided conflicting timelines and accounts of his travels, associations and activities.”

It was specifically noted that his claim that he “departed Libya in 1999 for religious purposes and avoiding arrest” was set against what was suggested by other sources — that he “departed Libya much earlier for activities associated with jihad, LIFG [the Libyan Islamic Fighting Group, opponents of Colonel Gaddafi] and possibly Al-Qaida.” It was also noted that there were “numerous corroborating accounts from Al-Qaida and LIFG members that contradict[ed his] account or provide[d] details of his activities and travel that [he had] entirely omitted.”

These accounts did not entirely justify the US authorities’ assessment of him, which also included a claim that he “was a member of the Libyan Islamic Fighting Group (LIFG) and associated with Al-Qaida members and facilitators,” as Ibn al-Shaykh al-Libi, for example, stated that he “was a simple man with a bad leg, which prohibited him from training,” and that, “[d]ue to [his] condition, [he] lived off the charity of others and had no relationship with Al-Qaida or LIFG.”

In addition, the torture victim and CIA “ghost prisoner” Abu Zubaydah, who claimed to have seen him in Peshawar in 1994, and in Afghanistan in 2000 and 2001, said that, when he saw him at a training camp in 2000, he “was not training at the camp, but simply ‘sitting with the brothers.’” In addition, he “recalled that detainee walked with a limp, and added [that he] was a ‘simple person who could not make explosives and had bad security.’ He also said that, when al-Futuri was staying at the Khalden guesthouse in Kabul (in September 2001), he “gave [him] $1000USD” so that “he could marry a woman in Jalalabad, AF.” (Al-Libi also stated that, in late 2001, “as the Arabs were evacuating Jalalabad, detainee collected money from several of the Arabs in order to get married”).

It was also noted that Hassan Ghul, another CIA “ghost prisoner,” seized in Iraq in 2004, and subjected to the Bush administration’s torture program, whose current whereabouts are unknown (although it is claimed that he was held in a CIA prison in Romania and then freed), recognized al-Futuri “as a Libyan he had seen in Jalalabad, AF, after 11 September 2001,” although he “added that [he] was not an Al-Qaida member.”

Other sources identified him as a member of the Libyan Islamic Fighting Group, contradicting Ibn al-Shaykh al-Libi, although their testimony may also be unreliable because of the circumstances in which it was gathered. Abu Zubaydah, for example, “said that he “may have joined LIFG in 1995, but later left the group,” which means very little on examination. More came from three Libyans, Ayoub al-Libi, Adnan al-Libi, and Muhammad Ahmad al-Shuru’iya (aka Hassan Raba’i), but they too were CIA “ghost prisoners,” held in secret prisons, where torture was used, for several years before they were returned to Libya.

Ayoub al-Libi, for example (identified as Ayuub Al-Libi and described as being “responsible for LIFG finances in Pakistan”), “identified [al-Futuri] as Abu Bakr Al-Libi and a member of LIFG,” and added that he “believed [he] wanted die a martyr’s death, but could not have received any rigorous training because he had a bad right leg.” He also “confirmed [al-Futuri] had left the LIFG and thought [he] had been caught at Tora Bora.” (Also note that, in a separate entry, Abu Hazim Al-Libi aka Muhammad Dawud was credited with identifying al-Futuri as Abu Bakr Al-Libi, and mentioning that he “walked with a noticeable limp and was captured in a group leaving Tora Bora,” all of which is remarkably similar to the above because Abu Hazim al-Libi is Ayoub al-Libi, but the US authorities failed to notice).

In addition, Adnan al-Libi, described as an “Al-Qaida and LIFG facilitator,” identified [al-Futuri] as Abdul Haleim,” said that he met him in 1992 in Peshawar, and “claimed [he] was an LIFG member who left the group in 2000 due to some unspecified disagreement.”

Muhammad Ahmad al-Shuru’iya, described as an LIFG member, stated that he knew al-Futuri “as Abu Bakr al-Libi or Abu Haleem,” and said that he met him in Pakistan in 1997 or 1998. He added that al-Futuri “was a member of LIFG but did not know any details about [him] participating in any training because he had some form of disability to one of his feet.” When he met researchers from Human Rights Watch at Abu Salim prison in Tripoli in 2009, al-Shuru’iya (aka al-Shoroeiya) stated that, in mid-2003, in a place he believed was a secret facility in Bagram prison in Afghanistan, “the interpreters who directed the questions to us did it with beatings and insults. They used cold water, ice water. They put us in a tub with cold water. We were forced [to go] for months without clothes. They brought a doctor at the beginning. He put my leg in a plaster. One of the methods of interrogation was to take the plaster off and stand on my leg.”

Another Libyan who mentioned al-Futuri was Abd al-Hakim al-Khuwayladi al-Misri Bilhaj (aka Abu Abdullah al-Sadiq), described as the leader of the LIFG in Pakistan, who recently came to prominence in the media as Abdel Hakim Belhaj, a prominent military commander of the NATO-backed Libyan rebels, who, it turned out, had been seized in Bangkok in an operation in which MI6 played a major part, and was then held and tortured in a secret CIA prison before being turned over to Colonel Gaddafi. Belhaj apparently said that al-Futuri traveled to Pakistan sometime during 1990 or 1991, undertook military training and fought for a while (presumably in Afghanistan), and then traveled to Sudan in 1993, to Syria in 1996, and to Turkey in 1997, before returning to Peshawar, and moving to Jalalabad, were he stayed at a guesthouse.

A final Libyan witness — and former “ghost prisoner” — was Sami Mustafa al-Sadi (aka Abu al-Munthir al-Sadi aka Sheikh Yusif), identified as the leader of the religious committee of the LIFG, but better known recently as Sami al-Saadi or Abu Munthir, who, with MI6 in the driving seat, was kidnapped with his family from Hong Kong, and, like Belhaj, held and tortured in a secret CIA prison before being turned over to Colonel Gaddafi. Al-Saadi said that al-Futuri had trained and fought “in several Afghan battles, primarily the Battle of Jalalabad,” and also stated that, “when the Pakistanis launched their campaign against Arabs in 1993, [he] probably fled to Sudan.” He also said that he “did not see [him] again until 1999 in Jalalabad, “and added that he “publicly withdrew from the LIFG in 2000-2001 because the jihad groups were not united.”

While these accounts are primarily of interest because of what they expose about the Bush administration’s interconnected web of prisons outside the law, about how “intelligence” was derived through statements based on photo-identifications, and about the desire of senior US officials to ingratiate themselves with Colonel Gaddafi in the “War on Terror” (and how, in two cases, the British were also deeply involved), it is also clear that the picture that emerges of al-Futuri was of a drifter rather than a major player.

In concluding its assessment, the Task Force noted that he was “assessed as a high threat from a detention perspective,” because his “overall behaviour ha[d] been non-compliant and hostile to the guard force and staff,” but although Maj. Gen. Hood recommended him for continued detention at Guantánamo (updating a recommendation for transfer to the control of another country for continued detention, dated April 29, 2005), it was also noted that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, [he] can be Transferred Out of DoD Control (TRO),” and this evidently happened nine months later.

Nearly four years after his release, in an article in September 2010, I explained how al-Futuri (identified as Muhammad al-Rimi or Abdesalam Safrani), who was one of only two Libyans to voluntarily accept repatriation, had been approved for release from Guantánamo by a military review board, although he did tell the authorities, “I have a problem with the Libyan government and it is a long story.” According to a Human Rights Watch report in September 2008, the Gaddafi Foundation stated that al-Rimi was treated for tuberculosis upon his return. An official also said that he would “go back to his family soon,” but by all accounts he was still held in Abu Salim prison, three years and eight months after his return.

The US State Department told Human Rights Watch in January 2008 that US officials visited al-Rimi in August and December 2007 and stated that “Libyan security forces were detaining him but were treating him well.” Human Rights Watch also noted that, at the meeting in December 2007, which took place in the presence of Libyan officials and an official from the Gaddafi Foundation, al-Rimi was not informed of the charges against him, and apparently explained that he “had not seen a lawyer since his return” and “had received no family visits.”

This latter claim seems not to have been true, as, in a US diplomatic cable released by WiiLeaks, detailing a US visit to al-Futuri in June 2008, it was noted that:

[Al-Rimi] said he had been detained at an External Security Organization (ESO) detention facility between December 2006 and June 2007, when he was transferred to the Abu Salim prison … Al-Rimi said he remains in solitary detention in a 15 foot by 15 foot cell and has not been mistreated. He is able to walk outside regularly, and is able to speak with other prisoners during exercise periods. He is provided with drinking water, tea and three meals a day. He does not have access to books, radio or television. He has access to medications and has been visited by a prison doctor on the occasions when he has been ill. Al-Rimi stated that members of his family have visited him three times since his return to Libya, most recently in March 2008. (Note: As reported … their previous visits were in January and May 2007).

Asked about the condition of his arm and his teeth, about which he had previously complained … al-Rimi said both were better. He repeated his earlier claim … that he sustained the injury to his arm in 2004 or 2005 during a scuffle with US soldiers who entered his cell to punish him for allegedly instigating a disturbance among several other prisoners.

At the time of the US visit, al-Rimi was awaiting a trial, and his understanding was that “he face[d] four charges: 1) membership in the Libyan Islamic Fighting Group; 2) membership in al-Qaeda; 3) forging a passport and travel documents and using them to exit the country, and; 4) failing to secure permission to exit the country when he left to fight in Afghanistan.”

In another visit, in September 2008, “Al-Rimi stated that he had received one family visit — his sisters came to see him in July — since our last meeting with him on June 10,” and “said he would like to receive more family visits, if possible.” Crucially, it was also noted:

In our previous meeting on June 10, al-Rimi said he understood his case was being deliberated at that time by a panel of judges, who were to render a verdict and issue a sentence on/about June 16. Al-Rimi said he was not present when his verdict and sentence were issued, but heard from other prisoners who were present in the courtroom on June 16 in connection with their own cases that he was found guilty of some charges (NFI) and sentenced to 25 years imprisonment … Al-Rimi has received no information from Libyan officials about his trial, verdict or sentence. He met with his court-appointed legal counsel on one occasion about two months before his reported conviction and sentencing on June 16, and has not heard from him since.

Finally, it is presumed that he was freed when Abu Salim was liberated in August this year, but his story has not been reported.

Also see Part One, Part Two, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten of this series.

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) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 22 of the 70-part series. 282 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken.

However, although the Bush administration allowed habeas petitions to proceed, Congress attempted to strip the prisoners of their habeas rights in the Detainee Treatment Act in 2005, and the administration also responded to the Supreme Court’s ruling with its own inferior version of habeas, the Combatant Status Review Tribunals, a sham process designed to rubber-stamp their designation as “enemy combatants” who could be held indefinitely.

With just 38 prisoners cleared for release after the CSRTs, another review process — the annual Administrative Review Boards — took over, reviewing whether prisoners still had ongoing intelligence value, and whether they still posed a threat to the US. These were essentially the decisions being taken by JTF GTMO and CITF, and they reveal how, in the “War on Terror,” prosecuting criminals (the few genuine terror suspects in Guantánamo) and holding soldiers off the battlefield until the end of hostilities had largely given way to the strange mixture of threat assessments and intelligence assessments that fill the Detainee Assessment Briefs.

With 260 prisoners profiled in the first 20 parts of this project, this latest ten-part series covers the stories of the 111 prisoners released in 2006 (and the three who died at the prison in June 2006), and readers will, I hope, realize that almost all of these prisoners were freed because of political maneuvering rather than anything to do with justice. The largest groups released by nationality in 2006 were Saudis (45 in total — 15 in May 2006, 14 in June and 16 in December) and Afghans (35 in total — 7 in February, 5 in August, 16 in October and 7 in December). For further information, also see Part One, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten.

I also hope that readers will reflect on the problems of over-classification that have been thoroughly chronicled in the preceding series analyzing the Detainee Assessment Briefs. My analysis to date has established repeatedly that even patently innocent prisoners seized by mistake were regarded as a “low risk,” rather than as no risk at all, and it is important for readers to bear in mind that the entire process of detaining and processing prisoners and exploiting them for their supposed intelligence was shot through with a drive to conclude that they were all a threat, and to overlook the distressing fact that most of them were seized in a largely random manner, mostly by America’s Afghan and Pakistan allies, at a time when substantial bounty payments were widespread, and were never subjected to anything that resembled an adequate screening process.

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2006 (Part Two of Ten)

Ibrahim Al Sehli (ISN 94, Saudi Arabia) Released May 2006

In Chapter 2 of The Guantánamo Files, I explained how Ibrahim al-Sehli, who was 36 years old at the time of his capture, worked as a guard for the Taliban, and was later diagnosed with dementia and released. He was one of nine prisoners in this article (out of eleven in total), along with four profiled in Part One (and others in earlier articles), who survived what has become known as the Qala-i-Janghi massacre. This took place in an ancient fort in northern Afghanistan, where hundreds of Taliban foot soldiers (and some civilians swept up by mistake) were taken by General Rashid Dostum’s Northern Alliance forces after surrendering as part of the fall of Kunduz, the last Taliban-held city in the north, at the end of November 2001. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement. 100 to 130 prisoners died in the flooding, and, in total, it is estimated that at least 360 prisoners were killed in the massacre.

In Guantánamo, speaking about his recollections of the massacre, al-Sehli said, “They handcuffed us and put us in a court, a big open space, and there were explosions behind us. Shrapnel from that explosion hit me.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Sehli was a “Recommendation to Retain under DoD Control,” dated October 15, 2004, in which it was noted that he was born in October 1965, and in which he was also identified as Ibrahim al-Suhali, and it was stated that he had “a previously fractured right forearm, had an appendectomy performed, and [was] carrying the Hepatitis B virus,” but was otherwise “in good health.”

In telling his story, the Task Force noted that he “worked at the Ministry of Health in Medina, SA, from 1992 to 2001 as a clerical worker,” and was persuaded to travel to Afghanistan “to assist the Taliban in its fight to protect Muslims in Afghanistan” by a sheikh at a mosque he began attending in 2000, who also told him that “the Taliban was building a purely Islamic society in Afghanistan.” Al-Sehli said he “wished to see this himself,” and so he traveled to Afghanistan via Iran in late September 2001, ending up in Kunduz, where he spent 22 days “working as a security guard at a Taliban supply warehouse near Khawaja Ghar,” and where, he said, he “was given an AK-47 with five rounds of ammunition, but insist[ed] he was never given any training on how to use a weapon.”

He then “fled” from Khawaja Ghar back to Kunduz, but “Northern Alliance forces captured [him] when he was en route to Mazar-e-Sharif.” He was then “present at the Qala-i-Janghi prison riot,” and was then transferred to Sheberghan “until he was turned over to US forces in Kandahar.” He was sent to Guantánamo on February 13, 2002, allegedly because he “was assessed to be able to provide information on the Taliban camp that stored food and supplies near Kunduz, AF, and the Qala-i-Janghi prison riot at Mazar-e-Sharif, AF.”

However, as I explained in my article, “How to Read WikiLeaks’ Guantánamo Files” (originally published on WikiLeaks’ website when the Guantánamo files were first published, as part of my work liaising between WikiLeaks and its media partners):

[T]he “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression given in the files, no significant screening process took place before the prisoners’ transfer. As a senior interrogator who worked in Afghanistan explained in a book that he wrote about his experiences (The Interrogators, mentioned above), every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

There was, to be honest, little more about al-Sehli that was extracted by the authorities. One of his fellow prisoners, Abdul Aziz al-Baddah (ISN 264, released in June 2006), apparently described him as a “Religious Thinker” on the cellblock, and said “‘Religious Thinkers’ tell other detainees to remain strong and faithful and to use their religion to help them withstand the interrogations and not answer any more questions,” and the Task Force also noted that, for some reason, “Prior to February 2004, [his] overall behaviour had been compliant and generally non-aggressive,” but that, “Since February 2004, [he] has had numerous non-compliant behavior incidents.”

In conclusion, he was assessed as “a committed jihadist that traveled to Afghanistan following September 11, 2001, answering a fatwa … encouraging Muslims to assist the Taliban in its fight to protect Muslims in Afghanistan.” He was also assessed as being “of medium intelligence value,” and of posing “a high risk, as he is likely to pose a threat to the US, its interests and allies,” although it is not clear where this came from, as this same assessment involved an assertion that he “was likely a low-level fighter serving with Al-Qaida’s Arab Brigade.”

To ramp up his significance, the Task Force drew on al-Baddah’s unsubstantiated comments, describing al-Sehli as “a religious zealot,” who “would use his religion to justify his means to conduct hostile actions against the US,” and who, if released, “would pose a significant threat directly supporting or participating in a terrorist attack against US interests.” This appeared to be major scaremongering, although Brig. Gen. Jay W. Hood, the commander of Guantánamo at the time, recommended that he be “retained under DoD control,” even though the Criminal Investigative Task Force “assessed [him] as a medium risk on 14 June 2004.” However, “In the interests of national security and pursuant to an agreement between the CITF and JTF GTMO Commanders, CITF [deferred] to JTF GTMO’s assessment that [he] pose[d] a high risk.”

Abdul Rahman Al Ghamdi (ISN 95, Saudi Arabia) Released May 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Abdul Rahman al-Ghamdi (also identified as Abdul Rahman Uthman Ahmed), who was 28 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

In Guantánamo, al-Ghamdi admitted being an “Arab fighter,” but complained, “I was fighting with some of the Pakistanis and Afghans who were here and they have been released and sent home. I don’t understand what the difference is between them and me.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Ghamdi was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated April 1, 2005, in which it was noted that he was born in 1975, and was “in good health,” although it was also noted that he had “a history of resolved adjustment disorder with anxiety.”

In telling his story, the Task Force noted that he “worked as an accountant for the port authority in Riyadh,” and was encouraged to travel to Afghanistan through a fatwa. Traveling in July 2001 with a friend, they were taken to the front lines in Kunduz, where they joined Osama bin Laden’s 55th Arab Brigade, “assigned to a 16-man Arab position, which was a part of the 150-man Arab unit.” According to al-Ghamdi, they “stayed in this defensive position approximately two and a half months,” and then the Taliban “withdrew without telling the Arabs,” although they “finally called the rear units and told them the Northern Alliance was headed directly for them and they should retreat.”

“The withdrawal,” he said, “led to an agreement between [Northern Alliance commander General Rashid] Dostum and the Taliban,” which “was for the Taliban to turn in their weapons to the Northern Alliance,” who “would let them retreat to Kandahar, AF, unmolested.” However, the Northern Alliance “put the Taliban in trucks, approximately 50-70 people in each truck, and started to transport them to Kandahar,” but then they “drove to the Qala-i-Janghi prison in the Mazar-e-Sharif area instead of Kandahar,” where there were “approximately 450 prisoners.”

Although they were told, falsely, that “they would proceed to Kandahar the next morning,” the uprising occurred when the prisoners feared they had been tricked and would be executed, and, as al-Ghamdi’s file stated, “those prisoners surviving surrendered on the eighth day,” and “were loaded into trucks to be transported to the Sheberghan prison,” where he was held “for approximately one and a half months, then handed over to US forces.”

He was sent to Guantánamo on February 13, 2002, on the spurious basis that it was to “provide information on the events at Mazar-e-Sharif and types of hand-held radios used by the Taliban Forces.”

In assessing his story, the Task Force was clearly delighted to have been given clear information regarding the various military commanders in northern Afghanistan, although it was difficult not to notice that few of them — if any — were in Guantánamo. As for al-Ghamdi’s role, one untrustworthy witness, the Iraqi Ali al-Tayeea (ISN 111, identified as Ali Badul Motalib Awayd Hassan, and released in January 2009), claimed that he “attended training at Al-Qaida’s Al-Farouq training camp,” but there was no reason to believe this, especially as trainees tended to hand over their passports for safekeeping, whereas al-Ghamdi stated that “he had his passport with him the whole time he was in Afghanistan,” and it was only “taken at his time of capture.”

It was also noted that, during the transfer of prisoners to Qala-i-Janghi, “mujahideen did not hand over all their weapons.” This was true, although it is unknown how the Task Force came up with its assessment that al-Ghamdi “was one of the individuals still carrying a small pistol and/or two hand grenades,” and how, “After reviewing documentation from open sourcing, it [was] assessed [he] was more involved with the fighting than he ha[d] admitted.”

In conclusion, it was assessed that al-Ghamdi was only “of low intelligence value,” and had also been generally well-behaved in Guantánamo, where his behaviour had only been “slightly aggressive and non- compliant.” In addition, he was regarded as posing “a medium risk, as he may pose a threat to the US, its interests and allies,” and Brig. Gen. Hood recommended his transfer to continued detention in Saudi Arabia. What was particularly noticeable was that he had been previously assessed, on September 27, 2003, as a prisoner to be retained in DoD control, but that was because he “was previously thought to be suspected terrorist Samir Al- Hada; however, that connection has since been disproved.”

Mohammed Al Utaybi (ISN 96, Saudi Arabia) Released June 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Mohammed al-Utaybi (also identified as Muhammad al-Utaybi), who was 18 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

In Guantánamo, al-Utaybi, who was one of several Saudis who claimed that he had gone to Afghanistan to rescue a brother, told his tribunal, “When the shooting happened, I hid underground. I stayed there for days. There were people dying and starving to death during that time. After that, we were told to get out and no one would be killed. Me and the other people hiding underground got out. A lot of them were injured.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Utaybi was a “Recommendation to Transfer Out of DoD Control (TRO),” dated March 8, 2006, in which it was stated that he was born in July 1977, and he was additionally identified as Mohammed S. Ataby and Muhammad al-Utaybi. It was also noted that he had “a history of latent TB with a normal chest x-ray but refused treatment,” that he had “a history of dental caries, which were evaluated and treated,” that he had “a history of lumbago in August 2004,” and that he “was on hunger strike in October 2004 and July 2005.”

In telling his story, the Task Force noted that he had studied, from 1997 onwards, at the University of Fine Arts in King Saud University, but, in 2000, was persuaded by his “elders” that it was “his duty to go to Afghanistan during his summer vacations and fight against the Northern Alliance.” Instead, he “met Abu Omar, a Pakistani, at a furniture store in his neighbourhood,” who “talked to [him] about training in Pakistan and the Kashmir Region,” and provided him with contact details. “Using money he saved from his University stipends and charitable collections,” he traveled to Lahore, via Karachi, located the office of Lashkar-e-Tayiba (the militant group particularly concerned with the conflict in Kashmir) and then traveled to “the mountain training camp at Al-Aqsa,” where he undertook basic training for eight weeks.

After training, he said, he was planing to return home, but his visa had expired. He traveled to Islamabad to renew it, but there he met two individuals from the camp who discussed traveling to Afghanistan,” and he “decided to accompany them.” He ended up in Kabul, on the Taliban lines, for three and half months, where he “was told they were fighting the Massoud [Ahmed Shah Massoud, the Northern Alliance leader, assassinated on September 9, 2001]; however, he claimed he did not fight.”

He then returned to Saudi Arabia, and stated that “he restarted his academic program,” but was then contacted by “a distant relative,” Abdallah Abu Utaybi (a cousin), who was trying to discover information about his brother, Fayhan al-Utaybi, who was in Afghanistan. “[N]oting his relative’s concern,” Mohammed al-Utaybi “offered to return to Afghanistan to look for Fayhan.”

Via Quetta, Kandahar, Kabul and Kunduz, al-Utaybi located his relative in a guest house in Taloqan, on the front lines in the north, where, he said, He “was asked to hand over his passport and money for safekeeping,” which he did, although he said that he “attempted multiple times to regain possession of his property and return to Saudi Arabia.”

Caught up in the Taliban’s retreat, he and a group of other men “were attacked by Dostum’s forces and taken to Qala-i-Janghi prison where they were bound and taken to an underground room.” The rest of his experiences of the massacre was described as follows: “The next day, they were taken from the room to a square where an uprising occurred. Detainee was taken back to the underground room where he remained for approximately five days. He was subsequently turned over to US forces.”

He was sent to Guantánamo on January 17, 2002, on the spurious basis that it was to “provide information on the following: Training and recruitment of Arab fighters in Kashmir, PK.”

In assessing his story, the Task Force concluded that he was “of low intelligence value,” and it was also noted that he was “assessed as a low threat from a detention perspective,” because his “overall behavior ha[d] been compliant and non-hostile to the guard force and staff.” It was also noted that he was assessed as posing “a medium risk, as he may pose a threat to the US, its interests and allies.” He was “assessed to be a jihadist who traveled to Afghanistan (AF) and possibly participated in hostilities against coalition forces as a member of Osama Bin Laden’s (UBL) former 55th Arab Brigade,” and it was also regarded as noteworthy that he trained with Lashkar-e-Tayiba in Pakistan, and that he was reportedly “related to deceased Al-Qaida operative and Arab Brigade leader Abu Turab al- Nejdi,” who reportedly died in Qala-i-Janghi.

The Task Force claimed that al-Nejdi was Mohammed al-Utaybi’s cousin, Fayhan al-Utaybi, the one he had traveled to Afghanistan to rescue, but little information was available to corroborate this, and although eight prisoners reportedly identified al-Utaybi, from various locations on his journeys, only one, an unreliable Iraqi witness named Ali al-Tayeea (ISN 111, released January 2009), mentioned al-Nejdi, claiming that al-Utaybi was “a Saudi who is associated with many of Abd al-Hadi al-Iraqi’s associates, including Abu Turab al-Nejdi, who is well connected and knows all the people in charge,” and that he “came to the Sheberghan prison with a group of Saudis. and that [he] was the nephew of Abu Turab.” The only other suspicious allegation came from torture victim and CIA “ghost prisoner” Abu Zubaydah (ISN 10016), who, when shown al-Utaybi’s photo, said he “recognized detainee, but was unable to recall details,” which, of course, means nothing at all.

In approving the change in his designation from “Transfer to the Control of Another Country for Continued Detention(TRCD),” on June 10, 2005, to “Transfer Out of DoD Control (TRO),” which Maj. Gen. Hood approved in this assessment, the major contributing factor was probably the following:

In July 2002, a delegation from Saudi Arabia visited JTF GTMO and interviewed detainee. He was identified to be of low intelligence and law enforcement value to the US, and unlikely to pose a terrorist threat to the US or its interests. Furthermore, the Saudi delegation indicated that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution as soon as the US determined it no longer wanted to hold him.

Adnan Al Saigh (ISN 105, Saudi Arabia) Released May 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Adnan al-Saigh (also identified as Adnan Mohammed Ali), who was 23 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

In Guantánamo, al-Saigh did not mention being injured. He said that he had looked after the Taliban’s horses, and explained that he went to Afghanistan to help fight the Russians, whom he regarded as interchangeable with the Northern Alliance, an understandable misconception, largely based on the shifting allegiances of one of the Northern Alliance leaders, General Dostum, who had been a Russian ally. The following is an exchange from al-Saigh’s CSRT:

Detainee: “The Massoud” [a reference to Ahmed Shah Massoud, the leader of the Northern Alliance, who was assassinated two days before 9/11], is he one of your allies?
Tribunal President: Yes.
Detainee: When did he become your ally or coalition partner?
Tribunal President: I think officially after September 11, 2001.
Detainee: I never fought after [September 11,] 2001.

In a cheeky coda, al-Saigh asked the Tribunal President, “I was wondering how ‘The Massoud’ became one of your allies?” which prompted the reply, “I don’t have that information. That is above my pay grade and not available to me.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Saigh was a “Recommendation to Transfer Out of DoD Control (TRO),” dated March 18, 2005, in which he had numerous alternative names listed, and it was noted that he was born in January 1978, and was “in good health.”

In telling his story, the Task Force noted that he was a librarian, who had traveled to Afghanistan in January 2001 after hearing a fatwa. It was noted that he had “not accounted for his travels during his first two months,” when, it was assessed, he had “received military training” at the Al-Farouq camp. He then went to Kabul, where he “traveled to the Office of the Ministry of Defense [and] turned over his passport for safekeeping.” In Kabul, he “received training on horseback riding and the care and maintenance of horses,” and then “spent the next six months in the Khawaja Ghar area working with horses,” and “was assigned with the Arab fighters on the front lines.”

As the Northern Alliance drew nearer, those on the Taliban front lines were ordered pull back to Kunduz, where “a surrender was agreed upon by the Taliban and the Northern Alliance.” In al-Saigh’s account, “The Taliban fighters were loaded onto trucks and taken towards Mazar-e-Sharif,” but “[s]omewhere on the way, General Dostum’s forces intercepted the convoy, and the Taliban fighters were disarmed and detained,” and taken to Qala-i-Janghi,where “an uprising took place and a number of prisoners were killed” (an understatement for a massacre in which approximately 360 out of 450 prisoners died).

As al-Saigh described it, the survivors “were transferred to containers and moved to Sheberghan on 2 December 2001,” and he was “turned over to US forces on 28 December 2001.” He was sent to Guantánamo on February 13, 2002, on the spurious basis that it was to “provide information on the Taliban and Taliban personnel located at the front lines near Khawaja Ghar, AF.”

In assessing al-Saigh, it was noted that, although it was recommended that he be retained in DoD control on January 10, 2004, it was now recommended that he be “Transferred to the Control of Another Country for Continued Detention (TRCD),” which Brig. Gen. Hood approved. This decision was apparently “[b]ased upon information obtained since detainee’s previous assessment,” but it was unknown what that information was.

What was clear was that al-Saigh was assessed as being “of medium intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies,” primarily because he was “assessed as a low-level Al-Qaida fighter and a member of Osama Bin Laden’s (UBL) 55th Arab Brigade.” Very little information about him came from other prisoners, and the most seemingly significant were actually untrustworthy, as they came from the Iraqi prisoner Ali al-Tayeea (ISN 111), who was well-known in Guantánamo for his false stories about his fellow prisoners, and from the American torture victim John Walker Lindh.

Al-Tayeea, who was himself assessed as “possibly being affiliated with the former Iraqi regime and may be an Iraqi Intelligence Officer,” identified al-Saigh as “going by the alias Abu Malik,” adding that he “was acquainted with Abd al-Hadi al-Iraqi, a senior Al-Qaida member [ISN 10025, a senior military commander in Afghanistan, held at Guantánamo and a former CIA "ghost prisoner"] and Al Salaam [probably Abu Salam al-Hadrami, a secondary troop commander in the Kunduz area]” and Lindh apparently identified him “as going by the alias Ibn Ul Mubarak,” adding that he “worked with the LeT [the Pakistani militant group Lashkar-e-Tayiba], giving a briefing about Kashmir, and being responsible for issuing and controlling weapons at the front lines.”

While these allegations (and Lindh’s in particular) are unconvincing, other information was more difficult to evaluate. It was noted, for example, that al-Saigh had “admitted that should he be called upon to perform jihad, he would do so without hesitation.” That means little, as many Arabs would regard it as unthinkable to turn down a fatwa issued by a religious leader, but more troubling, from the US point of view, was al-Saigh’s general lack of cooperation. It was noted that he had “remained unresponsive to questions posed during investigations,” and that “[n]inety percent of [his] debriefings ha[d] resulted in no intelligence gathered.” Even so, although it was also noted that he had “many discipline reports for failing to comply with guards and possession of contraband,” he did not “exhibit aggressive acts,” and had not been seriously disruptive. In four years of detention, the Task Force noted that he had only been “forcefully extracted from his cell on four different occasions,” that “he spit on a guard on 18 March 2004,” and that he had “a number of instances of banging on his cell.”

After his release, al-Saigh was processed through the Saudi government’s extensive rehabilitation program, but in February 2009 he was included as one of eleven former Guantánamo prisoners in a list of the Saudi government’s 85 most wanted militants, all of whom had allegedly left Saudi Arabia. The Saudi Gazette reported that, after completing the rehabilitation program, al-Saigh (described as Adnan al-Sayegh) “left Taif for Bahah with his wife and his five-month-old son to visit relatives and friends there Jan. 25, his brother Ramadan said. He stayed three days in Bahah after which he disappeared.” The Gazette added, “His brothers-in-law tried to contact him, but he never answered their calls. Last Sunday, Adnan called his brother Ramadan saying that he was enjoying the weather in Bahah and would arrive in Taif the same night. But he never made it. The suspect shocked the family when he appeared on the most wanted list, his brother said.” It was also noted that al-Sayegh was “married to the sister of a Guantánamo returnee, Othman al-Ghamdi [ISN 184, released in June 2006] who is believed to have run away with al-Sayegh.”

Nothing more has been heard about him since this report on February 7, 2009.

Yusef Al Rabiesh (ISN 109, Saudi Arabia) Released December 2006

In Chapter 2 of The Guantánamo Files, I explained how Yusef al-Rabiesh, who was 20 years old at the time of his capture, said in Guantánamo that he went to Afghanistan to rescue his brother. He was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

Speaking of his recollections of the massacre, he said, “We were taken out two by two. We were handcuffed and seated in a big field … We sat there for about two to three hours. There was a demonstration and then the Northern Alliance started shooting at us … We were handcuffed when the shooting started. The only people who had weapons were the Northern Alliance, and they were shooting at the detainees.” He added, “I got shot and lost consciousness and my brother was killed. He was handcuffed when he was killed.”

In Chapter 8, I also mentioned how al-Rabiesh claimed that he was tortured in the Northern Alliance prison in Sheberghan, prior to his transfer to US custody, where he was made to adopt his brother’s story of jihad, instead of sticking to his own story about traveling to rescue him:

I had to use the fake story to stop the torture and the pain they were forcing on me. My health was getting worse and worse. I was later given to the American forces and was transferred, in a very bad way, to the prison in Kandahar. The treatment was the same as before. The torture remained the same. I am ready to tell you, but I feel bad telling you, the treatment by the Americans was not as good as it was with the Northern Alliance.

In the documents released by WikiLeaks in April 2011, the file relating to al-Rabiesh was a “Recommendation for Continued Detention Under DoD Control (CD),” dated January 6, 2006, in which he was also identified as Yusef A. Salah and it was noted that he was born in 1981. It was also noted that he had an extensive medical history at Guantánamo.

The Task Force stated that he had “a history of GSW [gunshot wound] to mid-back at axillary line causing chronic right thorax pain,” and that he “was given a back brace for additional back support.” It was also noted that an orthopaedic surgeon “diagnosed [him] with rib malunion secondary to GSW,” and that al-Rabiesh “preferred conservative therapy to nerve block.” It was also noted that he had “a history of GERD [Gastroesophageal Reflux Disease aka Acid Reflux or Heartburn], hemorrhoids, otitis extemae [otitis externa, aka "Swimmer's ear," an inflammation of the outer ear and ear canal], and nonbacterial prostatitis [a urinary infection],” and that he had been seen by ENT (probably ear, nose and throat specialists), who “performed laryngoscopy confirming diagnosis of GERD,” and that urology had also “evaluated [him] and diagnosed prostatadynia [aka prostatitis] and treated with flomax and naproxen.” It was also noted that he had “a history of panic attacks,” and that he “went on hunger strike in July 2005,” and at the time of the assessment it was noted that he was on aciphex, multivitamin, Ensure, lidoderm, flomax and ultram.

In telling his story, the Task Force noted that he “did not complete his high school education,” and had “worked at an automotive repair garage” in 1999. In March 2001, after his brother, Abdul Malik, traveled to Afghanistan, he called home, telling Yusef that he “would assist in his travel to Afghanistan,” and providing him with instructions “during a subsequent phone call.” In May, Yusuf set out for Afghanistan, via Pakistan, to join his brother, although he maintained that “his purpose in traveling to Afghanistan was to convince his brother to return to Saudi Arabia because both his mother and father had medical problems.”

After meeting his brother in Quetta, the two traveled to Kabul, and, after approximately two weeks, took a flight to Kunduz, and then a taxi to a Taliban guesthouse in Taloqan, where they “received four weeks of training,” which “consisted of assembly and disassembly of the weapons, as well as live firing.” They then traveled back to Kunduz and then on to Khawaja Ghar, and a location identified as “Jabal 4 (Mountain Four),” where, with four other men and a Pakistani leader, their mission “was to guard the two valleys on either side of their position.”

As the Northern Alliance advanced, they were told to return to Kunduz, where “the Taliban agreed to surrender to the Northern Alliance and the Taliban fighters were loaded onto trucks.” However, as Adnan al-Saigh also noted (and I had not known previously, despite extensive research), “During the trip to Mazar-e-Sharif, Dostum’s forces intercepted the convoy and the fighters were relieved of their weapons.” As the Task Force explained, the convoy then “resumed its journey” to Qala-i-Janghi, and provided the following explanation of al-Rabiesh’s experiences of the massacre:

At the prison, detainee and the others were searched and placed in an underground holding area. The following morning, detainee and others were led out of the basement into the yard and were seated on the ground with their hands tied behind their backs. A short time later, detainee stated he heard gunfire and quickly laid down to avoid being hit. However a, bullet or shrapnel injured him on his back that caused significant bleeding and resulted in detainee lapsing in and out of consciousness for the next several days. After the shooting had subsided, detainee and others were again led out into the yard and then transferred to Sheberghan prison.

After being transferred to US custody at Kandahar, he was sent to Guantánamo on January 16, 2002, on the spurious basis that it was to “provide information on the following: Taliban organization, strength, equipment, and procedures [and] Taliban training camp located in the vicinity of Taloqan, AF.”

In assessing his story, the Task Force noted that al-Rabiesh had “provided two very diverse accounts of his activities in Afghanistan” — one outlined above, and the other, provided to a Saudi delegation in 2002, and only repeated in US custody in 2004, in which he “denied any type of military training, denied staying in Taliban guesthouses, ands denied ever picking up a weapon in Afghanistan.” The Task Force noted, “To explain the change in accounts, [he] claimed that he had lied during his initial interrogations,” and, as he stated in Guantanamo, “claimed that while in the custody of Afghani forces after the prison uprising, he observed others being beaten for denying a role in jihad,” and, “[t]o avoid harm to himself, he reportedly offered scraps of information from the account his deceased brother allegedly told him while in Qala-i-Janghi prison.” He added that he “continued this account while in US custody to avoid being labeled a liar.”

To the Task Force, the previous version of his story was “deemed more credible,” and it was noted that al-Rabiesh had “admitted to providing false information during his debriefings.” Nevertheless, he was assessed as being “of low intelligence value,” and as being “of moderate value from a detention perspective,” as his “overall behaviour” had been “non-compliant,” but “rarely hostile.” He was also assessed as posing “a medium risk, as he may pose a threat to the US, its interests and allies,” and was identified as “an assessed Al-Qaida member who fought in support of the Taliban,” and “was probably a member of Osama Bin Laden’s (UBL’s) former 55th Arab Brigade that was operating in the vicinity of Kunduz.”

Although Maj. Gen. Hood recommended him for continued detention, it was noted, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, [he] can be Transferred Out of DoD Control (TRO).” It was also noted, “A visiting Saudi delegation indicated that the Government’ of Saudi Arabia would be willing to take custody of [him] for possible prosecution.”

Abdul Rahman Juma Kahm (ISN 118, Afghanistan) Released December 2006

In Chapter 9 of The Guantánamo Files, I explained how Abdul Rahman Juma Kahm was a Taliban conscript. He said in Guantánamo, “I joined the Taliban by force not by choice. Everyone in Afghanistan knows if the Taliban asks you to go with them you cannot say no … Our area was under Taliban control, so we could not fight them. We were so poor I could not move my family, that’s why I stayed in the area.” Held in a compound in Kunduz, he said that he was not obliged to fight, but added that he expected he would have been shot if he tried to escape.

In the documents released by WikiLeaks in April 2011, the file relating to Juma Kahm was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated June 3, 2005, in which it was noted that he was born in 1969, and it was stated that he was “followed by Behavioral Health for the following mental health diagnoses: Schizoaffective disorder, Depressive Disorder, [and] Major Depressive Disorder with Psychotic features.” It was also noted that he was “currently on Effexor SR daily, Haldol Decanoate injections every month and Cogentin twice a day.”

In telling his story, the Task Force noted that he was a father of six children, who lived in Sangin city, in Helmand province, where he had “owned a shop in a grocery store for 15-20 years prior to his capture.” He stated that “[t]wo men forced their way into [his] home and took [him] at gunpoint to fight for the Taliban,” and the Task Force acknowledged that the Taliban “would conscript men in this manner for one to six months,” and that he “had no prior military training prior to conscription into the Taliban.”

In October 2001, he said, he and 24 other conscripts were taken to an official building in Sangin, where there were approximately 300 conscripts altogether, and where he was taught how to use an AK-47. Three or four days later, all the conscripts left in a caravan, traveling via Kandahar and Kabul to Khenjan, in Baghlan province. From there, half the men, including Juma Kahm, “continued north to the city of Kunduz, AF, to fight coalition forces while the other half of the group remained to fight coalition forces in Khenjan.”

As was also explained (essentially repeating what Juma Kahm said in his tribunal), he “stayed at the same house for approximately six weeks waiting to be called to fight,” when the leader of the conscripts informed them that “they were not needed for fighting yet, but when they were needed they would be called.” It was also noted that all the men “carried an AK-47 but they did not have ammunition.”

Turning to the circumstances of his capture, it was noted that, in December 2001, he “and all the conscripted men surrendered to General Rashid Dostam and the Northern Alliance forces,” and were taken to Yanghareq, near Kunduz. From there they were taken to Sheberghan, on what is known as “the convoy of death,” because hundreds, or probably thousands of those being transported died, mainly through suffocating en route, although that was not mentioned in his file.

He was then transferred to US custody, and was sent to Guantánamo on January 16, 2002, on the spurious basis that it was to “provide information on the following: Taliban organization in and around Sarvan Kolah [probably Sarwan Qala], AF, Taliban training site located in Sangin, AF [and] Taliban camp in Kunduz, AF.”

In assessing his story, leading to Brig. Gen. Hood’s recommendation for his transfer to continued detention in Afghanistan, the Task Force described him as being “of low intelligence value,” and of posing “a medium risk, as he may pose a threat to the US, its interests and allies.” This was because he was “assessed as a probable member of the Taliban,” who “may have been involved in military action against coalition forces” (although he always denied that), and also because “[f]ormer high-level ministers of the Taliban regime identif[ied] detainee as a Talib.”

This latter claim was particularly dubious, as the alleged witnesses were Mullah Mutawakil, the “former Foreign Minister for the Taliban,” who was identified as ISN 548, even though he was only held in Afghanistan, and was never sent to Guantánamo. Mutawakil allegedly “identified.detainee from a picture as a man who worked for the Ministry of Defense,” even though that was patently untrue. The other witness was Abdul-Haq Wasiq (ISN 4, still held), the “former Deputy Intelligence Chief for the Kabul area,” who apparently “identified detainee as a bodyguard for Qari Ahmadullah and accompanying [sic] Ahmadullah to a Taliban safe haven in December 2001″ (even though Ahmadullah was killed in a bombing raid on December 27, 2001 in Paktia province), which also seems highly unlikely.

The saddest comment about Juma Kahm came in a passage describing his conduct, in which it was noted that he “had committed self-harm by banging his head against the cell wall and crying very loudly.”

Salman Mohammed (ISN 121, Saudi Arabia) Released December 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Salman Mohammed (also identified as Sulaiman al-Oshan), who was 19 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

Mohammed, who did not take part in his tribunal or the following review board, was accused of arriving in Afghanistan in June 2000, and fighting with the Taliban near Kabul and Khawaja Ghar until his capture, and was also described as being “present at the prison uprising at Mazar-e-Sharif where Northern Alliance forces wounded him.”

In the documents released by WikiLeaks in April 2011, the file relating to Mohammed was a “Recommendation for Continued Detention Under DoD Control (CD),” dated April 21, 2006, in which he was also identified as Sulayman Sa’d Muhammad Awshan al-Khalidi, born in January 1982, and it was noted that he was “in good health,” even though he “sustained a gunshot wound to his right thigh prior to detainment,” had “a history of myopia and astigmatism” and “of intermittent abdominal pain,” and even though he “went on a hunger strike once in July 2005.”

In telling his story, the Task Force noted that, in 2000, after Mohammed “graduated high school and then helped his brother (a teacher at the high school) with data entry for five to six months,” he traveled to Afghanistan, inspired by a friend who had spent six months there, in response to a fatwa “dictating that Muslims should fight with the Taliban against the Massoud [Ahmed Shah Massoud, the leader of the Northern Alliance] and Russians.”

In Afghanistan, Mohammed said, he was flown from Kandahar to Kabul, and, specifically, to “a small house in the rear of the front line,” where he “received three days of Kalashnikov training,” and was then assigned to the front line, where, although his unit “received mortar fire approximately every two weeks, he claimed he never fired a weapon.” After eight months, he and the other Arabs in the unit were transferred to Khawaja Ghar on the front lines in northern Afghanistan, where, he said, his squad was “moved to a bunker located at the second line of defense on the front lines,” which was “a small house that stored food.” There, he said, his unit “was responsible for guarding food and supplies for front line troops.”

He reportedly stayed in this position for seven months, until, in early November 2001, his brother, Abdul Aziz al-Oshan (ISN 112, released in September 2007, and identified as Abd al-Aziz Sad Muhammad Awshan al-Khalidi) arrived, apparently seeking to secure his return to Saudi Arabia (although this was not mentioned). Soon after, he “was in the city center when he witnessed Taliban forces retreating by car and on foot,” who told him that the Northern Alliance “had broken through the front line.” He then awaited orders in a Taliban house in Kunduz, until he was told to regroup at the house of Mullah Thaker, the senior military commander, where “there were approximately 400 to 500 Taliban waiting.”

They then traveled to Mazar-e-Sharif, where they were told to surrender to General Dostum’s forces, and to hand over their weapons.  This was the Task Force’s description of his account of the uprising and the massacre:

On approximately 25 November 2001, detainee’s group was searched, their hands bound, and the prisoners moved to the Qala-i-Janghi courtyard and into the basement. The next day, they were led from the basement back out into the courtyard. Shortly thereafter, detainee heard an explosion and the prisoners scattered. Gunfire erupted and detainee was struck in the leg. He lay on the courtyard ground for sometime before another prisoner helped him to the basement. Detainee remained in the basement for seven days before the Red Cross took control of the prison.

On December 2, 2001, he was transferred to Dostum’s prison at Sheberghan, with most of the other survivors, and was then transferred to Kandahar. He was sent to Guantánamo on February 11, 2002, on the spurious basis that it was to “provide information on the following: Training and tactics of frontline Taliban fighters.”

In assessing his story, the Task Force admitted that, although he “readily admitted fighting for the Taliban,” he “denied any involvement with Al-Qaida,” which was not inexplicable, of course. The Task Force added that he had “adopted an attitude of non-compliance since initial interrogations, making it difficult to identify his true affiliation with the Al-Qaida network,” even though there may have been none, although the authorities were concerned that, “Prior to the Saudi delegation visit in 2002, the Mabahith [Saudi Ministry of Interior General Directorate of Investigation] provided information on thirty-seven detainees whom they designated as high priority. Detainee was thirty-sixth on that list, and identified as using the alias Hussam Akida.”

Without the list for reference it is unclear whether it actually referred to Salman Mohammed, and, similarly, there were also problems with claims that he had “strong familial ties to Al-Qaida.” As reference, the Task Force cited his brother, Abdul Aziz al-Oshan (aka Abd al-Aziz Sad Muhammad Awshan al-Khalidi, see above), who, as noted, was only in Afghanistan for a short time, and said he came to rescue his brother. The Task Force also mentioned his cousin, Saleh al-Oshan (ISN 248, released in July 2005), as discussed here, who was found not to be an “enemy combatant” by a military tribunal at Guantánamo and released.

To be fair, there were other more troubling allegations about his family: primarily, that another brother, Isa Awshan [aka Eissa al-Aushan], “killed in a July 2004 gunfight with Saudi security forces,” was “the leader of the Riyadh Al-Qaida cell responsible for the kidnapping and execution of American citizen Paul Johnson.”

If true, this is deeply troubling, but, again, the information may not be reliable. Nor is there any greater reliability to allegations made by other prisoners: a claim by Saad al-Zahrani (ISN 204, described as Sadi Ibrahim Ramzi al-Zahrani, and released in July 2007), who “commented on detainee’s photo stating he believed [he] might be a Saudi named Husam who worked in the center where they kept the horses,” although he “was not completely sure of this because Husam wore glasses and detainee was not wearing any in the photo.”

This was a very vague state of affairs, and, even if true, seemed to demonstrate Mohamed’s insignificance rather than anything else. In addition, another strikingly vague, and seemingly unreliable statement was extracted under unknown circumstances from torture victim and former CIA “ghost prisoner” Abu Zubaydah (ISN 10016, still held), who “stated that he may have seen detainee at the Al-Zubayr Guesthouse, but he was unable to provide any further information.” It was also noted that Mohammed “provided mixed responses when confronted with this recognition,” and “later (contradicting his earlier interview) denied knowing who Abu Zubaydah was,” and “claimed not to have recognized a picture of Abu Zubaydah,” even though this was entirely understandable, as Abu Zubaydah was the Pakistan-based gatekeeper for a training camp that no one alleged Mohammed had even visited.

In assessing Mohammed, the Task Force concluded that he was “of medium intelligence value,” and noted that his “most recent interrogation session occurred on 11 February 2006,” and also that he was “a medium risk, as he may pose a threat to the US, its interest and allies,” and was “a member of Al-Qaida who traveled to Afghanistan to participate in jihad.” He was also “assessed as a moderate threat from a detention perspective,” whose “overall behavior has been mostly compliant and rarely hostile to the guard force and staff,” and, as a result, Rear Adm. Harry Harris Jr., the commander of Guantánamo at the time, recommended him for continued detention, although he was freed just eight months later.

Muhammad Hussein Ali Hassan (ISN 123, Morocco) Released February 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how, in Guantánamo, the allegations against Hassan, who was 34 years old at the time of his capture, consisted of just four statements: that he went to Afghanistan in 2000 “to fight jihad,” that he was trained to use a Kalashnikov “for 1-2 weeks” and was then moved to a Taliban fighting position, that he “was in the rear in Kabul and advanced as Taliban forces advanced,” and that he surrendered to coalition forces at Mazar-e-Sharif. He did not take part in his tribunal, and there was no mention of him being a survivor of the Qala-i-Janghi massacre, but it is probable that he was.

In the documents released by WikiLeaks in April 2011, the file relating to Hassan was a “Recommendation for Continued Detention Under DoD Control (CD),” dated November 29, 2003, in which it was noted that he was born in November 1971. In telling his story, the Task Force claimed that he “stated he became interested in Jihad in the early 1990s while traveling in various countries in Europe, including Spain, France and Germany,” where, he said, he lived “for ten years and spent almost four years in a German prison because of various crimes, including drug possession.” After he was freed in 1997, he reportedly was encouraged to become involved in Jihad, “specifically Jihad in Kashmir, Pakistan,” at a mosque in Frankfurt.”

He also apparently claimed that in 1999, after he traveled to Pakistan with a false French passport, intending to fight in Kashmir, he “changed his mind and decided to fight for the Taliban in Afghanistan,” which he did “until his capture by Northern Alliance forces in late December 2001.” If this date is correct, then he was not held in Qala-i-Janghi, but the dates in the files are often unreliable. He was sent to Guantánamo on January 20, 2002, on the spurious basis that it was “because of his affiliation with the Taliban as a foreign fighter and possible membership in Al-Qaida.”

In assessing his story, the Task Force noted that he had “not been cooperative or forthright while in detention,” and had been “a defiant leader in his cellblock.” Despite this, it was claimed that “sensitive reporting” identified him as “a confirmed member of Al-Qaida,” who was “assessed to have a great deal of information concerning Al-Qaida’s operations in Europe,” whose “affiliations and contacts,” moreover, were “thought to extend to several European countries including France, Spain and Germany.” It was also noted that he had “several relatives still living in these countries,” although it was conceded that “little information ha[d] surfaced concerning their involvement or activities.”

Two suspicious claims were unsubstantiated — firstly, that he had been “identified as running a guesthouse in the Kandahar, AF area,” and secondly that he was “a close associate of Abd al-Hadi al-Iraqi” (ISN 10025, still held), who was described as “a senior al-Qaeda operative,” and who was evidently a senior commander of Arab forces in northern Afghanistan — but even though both had the ring of false confessions extracted from other prisoners, they clearly contributed to the Task Force’s assessment of Hassan as “a member of Al-Qaida,” who was “of intelligence value to the United States,” and posed “a high threat to the US, its interest or its allies.” As a result of this assessment, Maj. Gen. Geoffrey Miller, who was the commander of Guantánamo at the time, recommended him for continued detention. No further files were made available that covered the next two years and three months until his release, so it is unknown how the decision was reached to release him, although it is clear that Morocco had been a close ally in the “War on Terror,” having hosted a secret prison for “high-value detainees,” as part of the CIA’s program of torture and extraordinary rendition.

In November 2006, Hassan and the other two Moroccans released with him in February 2006 — Najib Lahcini (ISN 75, see Part One of this series), and Mohammed Laalami (ISN 237, also identified as Suleiman al-Alami, see Part Four of this series) — were sentenced by a criminal court in Salé. As Jurist described it, Laalami (identified as Mohamed Slimani) was “sentenced to five years in prison for his alleged role in creating and participation in a ‘criminal gang, practice of activities in a non-recognized association and organization of unauthorized public meetings,’” and Hassan (identified as Mohamed Ouali) and Lahcini (identified as Najib Houssani) “each received three year sentences for falsifying administrative documents.” Jurist added that the charges were “related to the men’s connection with Salafia Jihadia [an offshoot of the Moroccan Islamic Combatant Group] and unrelated to their detention at Guantánamo Bay.”

However, in May 2007, Laalami (described as Mohamed Slimani Alami) had his sentence quashed, and was acquitted of all charges, and Hassan and Lahcini had their sentences reduced to one-year suspended sentences, casting doubt on the jihadist narrative conjured up by the authorities at Guantánamo.

Toufiq Al Marwa’i (ISN 129, Yemen) Released December 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Toufiq al-Marwa’i (aka Toufig al-Marwai), who was 20 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

In Guantánamo, al-Marwa’i said that he answered a fatwa and served the Taliban as a cook, although he regretted it. Asked about his experiences of the massacre — and if he “had an opportunity to leave the prison” after a few days — he said, “No, I could not. When the problems start[ed] on the first day I went down [to the basement]. I did not want to go outside because I did not want to die. I stayed down [in the basement]. I did not know what happened up there.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Marwa’i was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated January 7, 2005, in which it was noted that Marwa’i, born in 1976, had been diagnosed with latent tuberculosis, in common with many of the prisoners, and also had “a history of malaria,” but was “otherwise in good health.”

Al-Marwa’i was one of six Yemenis released in December 2006, and, it should be noted, was therefore one of the lucky Yemenis, as only 23 have been released throughout the prison’s history, primarily because of institutional fears regarding security in Yemen, and as a result over half of the 171 prisoners who remain at Guantánamo at the time of writing are Yemenis.

In telling his story, the Joint Task Force noted that, after high school, he “worked odd jobs, such as selling clothes from a cart on the streets of Hadida, YM,” but “wanted to leave Yemen to get out of Hadida and find work,” settling on Afghanistan, even though, he said, a sheikh “encouraged [him] to not get involved in the fighting taking place in Afghanistan.” Flying around September 11, 2001, he arrived in Pakistan, traveled to Quetta by taxi, and then “took a taxi to the Afghanistan/Pakistan border where he changed into traditional Afghan dress and walked across the border, no questions asked.” He then traveled to a guesthouse in Kabul, via Kandahar, where he “was asked if he wanted to fight jihad and he agreed.” He then stayed at this guesthouse, which was also known as the Taliban Center, for four months, and “became the house cook in return for room and board.”

He then moved north, claiming that this was either “to avoid the fighting,” or because he was “sick with malaria,” with five other men, known to him only as Aziz, Omat, Yaser, Safwan and Muthana, who, he said, all died in the Qala-i-Janghi massacre. They stayed at an unidentified house in Kunduz for three weeks, where he “remained in charge of the cooking,” and then moved on to Khawaja Ghar, where they stayed in the Omar Saif guesthouse, which, he said, was “a deserted house” by that time, where “he cooked for the front lines, but never took part in any fighting.”

He then apparently decided that he wanted to return to Yemen, and traveled back to Kunduz, where he was stuck for a month and a half, until the city fell to the Northern Alliance and he “and hundreds of others surrendered to General Dostum’s troops.” None of his experiences of the uprising and the massacre were reported in his file, and, instead, it was noted only that he was eventually transferred to US control and held at Kandahar, and was then sent to Guantánamo on June 12, 2002, on the spurious basis that it was to “provide information on the following: Taliban leadership in northern Afghanistan, Taliban guesthouses [and] Qala-i-Janghi and Sheberghan Prison Facilities.”

In assessing his story, the Task Force concluded that he was “in direct support of the Taliban and affiliated with Al-Qaida’s global terrorist network,” adding that, even though he “[did] not admit to training or participating in hostilities against the US or allies,” nevertheless “directly provided logistical support by functioning as a cook at numerous Taliban safehouses as part of a jihad.” It was noted that he “does not appear to be a senior leader or have direct ties to senior leadership,” but it was assessed that, through being recruited in Yemen, he “may be vulnerable to recruitment for terrorist groups in the future,” although it probably helped that he stated that he regretted his decision.

The Task Force also noted that it believed that al-Marwa’i had been “truthful in his claims,” but that there was “still intelligence left to exploit.” He was assessed as being “of medium intelligence value,” and “a medium risk, as he may possibly pose a threat to the US, its interests and allies,” and it was also noted that, “While formerly aggressive, [he] has a recent history of passive behaviour,” and “[h]is only disciplinary problem in the past year has been failing to comply with guards.” As a result, Brig. Gen. Hood recommend him for transfer to continued detention, updating a previous recommendation whose date was unknown. It still took nearly two years for him to be released, but that, again, meant that he was one of the more fortunate Yemenis, as others cleared for release in 2004 are still held in Guantánamo.

Abdul Salam Al Shehri (ISN 132, Saudi Arabia) Released June 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Abdul Salam al-Shehri was another survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan in November 2001, after hundreds of prisoners surrendered as part of the fall of the city of Kunduz. Most of these men died after some staged an uprising, which was put down with savage force, and the 86 survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

As I also explained, in my articles, “The Pentagon Can’t Count: 22 Juveniles Held at Guantánamo,” and “WikiLeaks and the 22 Children of Guantánamo,” al-Shehri was only 17 years old when he went to Afghanistan in search of his cousin, who, he said, was killed by a mine on the way from the front lines at Khawaja Ghar to Kunduz. As such, he was a juvenile at the time of his capture, and should have been rehabilitated rather than punished, and held separately from the adult prisoners, according to the UN Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which the US did not ratify until December 23, 2002, but which should then have dictated its policy regarding juvenile prisoners, although it didn’t, except in the case of three Afghan boys profiled here.

In Guantánamo, when al-Shehri was asked if he took part in the Qala-i-Janghi uprising, he said, “When at the castle, they sent us downstairs. How am I going to fight? With my fingers? I didn’t have [a] weapon. When they took us to the court the second time, when the conflict started, they took us down to the cave … Everybody that was upstairs stayed upstairs. To prove that I wasn’t fighting [you can see that] I don’t have any scars. I wasn’t hurt because I was downstairs.”

In the documents released by WikiLeaks in April 2011, the file relating to al-Shehri  was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated June 26, 2005, in which he was also identified as Abd al-Salam Ghaytan Murayyi al-Shihri and And al-Salam Bin Ghaythan al-Shahri, and it was confirmed that he was born on December 14, 1984, and was, therefore, just 16 when he was seized, weeks before his 17th birthday.

It was also noted that he had “several chronic medical conditions,” and had been “diagnosed with depressive disorder and an eating disorder,” as well as having “chronic abdominal pain,” and was “being followed for low weight.” Whether he had been a hunger striker or not was not mentioned, although elsewhere it was noted that he was “willing to hurt himself through forcing himself to vomit after meals, not eating or drinking water,” and in “Guantánamo’s Hidden History: Shocking Statistics of Starvation,” a report I compiled in 2009, based on weight records released by the Pentagon in 2007, I noted that he weighed 141 pounds on arrival at Guantánamo, but that his weight then plummeted, and on two occasions, in July 2005 and January 2006, he weighed just 97 pounds.

In telling his story, the Joint Task Force noted that he failed to graduate from high school “due to his dislike of school and poor grades,” and decided instead to work with his father, a retired Saudi Arabian Army officer, who was a mechanic and owned a business. He “worked in his father’s photography shop until it was sold around July 1999,” and then, in November 2000, his father “helped him get a produce stand where he sold fruit and vegetables.” He then agreed to accompany a cousin to Pakistan, so that he could have laser eye surgery, and got his father’s permission, as he was only 16. This cousin was identified as Marif (or Zaydan Muhsin Murif al-Zaydan al-Shehri), and was not the same cousin that he later claimed he had traveled to Afghanistan to rescue.

In telling this revised story, al-Shehri said that his cousin’s surgery was delayed for two weeks, but that, while the two were in a market shopping for Pakistani clothes, they were recruited to travel to Afghanistan for jihad. They then followed a well-worn route to Quetta and on to Kandahar, via Spin Boldak. In Kandahar, they stayed in a guesthouse for two weeks, where they were “required to turn over their passports, money, and personal belongings,” and were then taken to Kunduz, via Kabul, where, according to al-Shehri, they stayed for two weeks and then returned to Pakistan.

Four days after arriving in Quetta, the 9/11 attacks took place, and al-Shehri said that he and his cousin “heard that the Pakistani Army would kill any Arab that they captured,” and claimed that “he and Marif were advised to return to Afghanistan.” After returning the way they came, they were sent from Kunduz to Khawaja Ghar, described as “a small deserted village,” where they ended up at a Taliban center, and where “an unidentified Arab told them that this was the second line in the war with the Northern Alliance,” and “[t]he two were trained and sent to the front lines to fight.”

Al-Shehri proceeded to explain that, “[w]hen the Northern Alliance broke through the lines approximately one month later, [he] and Marif fled with the other fighters,” but that, ‘[d]uring the escape, the fleeing fighters were ambushed and Marif was killed.” The Taliban then instructed al-Shehri and others to travel to Mazar-e-Sharif, although he “was again ambushed and surrendered to Dostum’s forces.” He was then taken to Qala-i-Janghi, where all that was reported in the file about his experiences was a brief but harrowing statement that he “went to an underground room where fellow prisoners were dying from being burned or drowned.”

He added that, “[o]n the seventh day, the remaining prisoners were told to come out and were then taken to Sheberghan prison where they were checked over by the Red Cross,” and that he was “one of several transferred to the Kandahar Detention Facility and placed in the custody of the US.” He arrived at Guantánamo on January 20, 2002, although it was noted that his file “does not indicate why he was sent to JTF GTMO.”

In assessing his story, the Task Force described him as being only “of low  intelligence value,” although he was also assessed as being “a medium risk, as he may pose a threat to the US, its interests and allies.” The “Update Recommendation” for his transfer updated a recommendation that he be retained in DoD control, dated January 24, 2004, although the reasons Brig. Gen. Hood approved his transfer were not explicitly spelled out, as he was “assessed as a low-level fighter for Al-Qaida,” or, elsewhere, as “a jihadist and member of the Al-Qaida associated network,” who “fought for the Taliban, and is a possible member of Al-Qaida.”

In truth, there was nothing to mark out al-Shehri as anything more than an insignificant foot soldier. His story about the reasons for his travel to Afghanistan may have been a cover, but his experiences in Afghanistan seem clear, and there is no reason to trust a claim made by Ali al-Tayeea (ISN 111, an Iraqi released in January 2009, who was known as an unreliable informant in Guantánamo), that he “attended the Al-Qaida-run Al-Farouq training camp,” when it seems apparent that he did not.

Perhaps the most troubling aspect of his detention was its effect on his young mind, as a sharp example of why juveniles in detention should be rehabilitated rather than punished. Al-Shehri was clearly susceptible to the direction of others when he traveled to Afghanistan and was trained and sent to the front lines, and it is difficult to fathom how traumatic his experiences of the Qala-i-Janghi massacre must have been. In Guantanamo, he was clearly damaged by his experiences, as the Task Force noted that his “overall behaviour ha[d] been non-compliant, disruptive, and self injurious in nature.” His records showed “only two infractions in which he was hostile towards the guards,” but many other reports showing not only that he was “willing to hurt himself through forcing himself to vomit after meals, not eating or drinking water,” as noted above, but also through “trying to physically hurt himself.”

Mubarak Hashem (ISN 151, Bangladesh) Released December 2006

In “The Guantánamo Files: Website Extras (9) – Seized in Pakistan (Part One),” I explained how many of the stories of the prisoners seized in Pakistan demonstrated that both the Pakistani and the American authorities were adept at inventing or otherwise eliciting stories of militancy from the prisoners they captured at this time, as there was, for the most part, very little raw material with which to work. The story of Mubarak Hashem, the only Bangladeshi held in Guantánamo, who was 23 years old at the time of his capture, was particularly illuminating in this regard.

The only allegations that surfaced against him were that he traveled from Karachi to Kabul via Quetta, Spin Boldak and Kandahar in December 2001, that he was arrested in Peshawar by the Pakistani authorities “for not having any identification,” and that he “provided a false identity to Pakistani authorities.” These allegations were so thin that it must have taken considerable effort to fill in the gaps that were required to construe him as a militant: that, because he had been in Afghanistan, he must have been fighting, and that, because he had no passport, he must have attended a military training camp.

In the documents released by WikiLeaks in April 2011, the file relating to Hashem was an “Update Recommendation to Transfer to the Control of Another Country (TR),” dated March 25, 2005, which updated a previous transfer recommendation dated September 13, 2003. In this document, it was noted that he was born in 1978, and that he was “in good physical health,” and had “no psychiatric history,” although it was also noted that he “went on a hunger strike one time.” It is unclear when this was, although, in “Guantánamo’s Hidden History: Shocking Statistics of Starvation,” a report I compiled in 2009, based on weight records released by the Pentagon in 2007, I noted that he weighed only 97 pounds on arrival at Guantánamo, but that, although he then gained weight, he weighed just 100 pounds at one point in December 2004.

In telling his story, the Task Force noted that, in 1999, he left Bangladesh to study at a Koranic school in Karachi, Pakistan, and was then employed as an Imam at a mosque. Hashem also said that, in November 2001, a fellow student invited him to travel to Kabul “to pay homage to the graves of the disciples of the Prophet Mohammed,” and that, after visiting Kabul via Quetta, Spin Boldak and Kandahar, and staying for four days, he was robbed of his belongings en route to Jalalabad. However, in another version of this story, he apparently “hired a taxi driver to drive him from Kabul to Peshawar,” and traveled with three other people he did not know, but, after safely crossing into Pakistan, was seized in a mosque in Peshawar, while praying, “by plain clothes Pakistan Police Officers who arrested [him], since he looked like a foreigner and did not have any identification.” He was later “turned over to the Pakistan Military who transferred him into US custody,” and he was sent to Guantánamo on January 17, 2002, although his file “does not indicate why he was sent to JTF GTMO.”

There were obviously holes in Hashem’s story — not least the improbability of traveling to Kabul on a religious pilgrimage as the Taliban regime was falling, and Afghanistan was consumed by war — but it was rather excessive of the Task Force to assess him as “a probable Islamic extremist with possible ties to Al Qaida and it’s [sic] global terrorist network,” drawing on a claim that all his debriefers and analysts had concurred that his cover story was “not plausible” and that the he was “extremely deceptive during interviews,” and had been “uncooperative, aloof and his responses ha[d] been devoid of any mention of Al-Qaida, the Taliban, training camps, safe houses and confiscated documents.”

It was also noted that his “religious training and the circumstances surrounding his entry and exit from Afghanistan ha[d] not been properly exploited at this time, due to [his] uncooperative nature,” but while these holes may well have been problematic, filling them with unsubstantiated allegations was not a satisfactory response. The Task Force claimed that “[t]he fact that a senior Al-Qaida lieutenant was familiar with the detainee indicates that, at a minimum, [he] probably utilized Al-Qaida safehouses while entering/exiting Afghanistan.” This may have looked good on paper, but the fact was that the “senior Al-Qaida lieutenant” was actually torture victim and former CIA “ghost prisoners” Abu Zubaydah (still held), who only “stated that detainee looked familiar to him, [but] was unable to recall his name or nationality.” An analyst then attempted to claim that Zubaydah knew Hashem because, “[d]uring the months of November and December 2001, Zubaydah was chiefly occupied with moving mujahideen who were fleeing Afghanistan due to the US offensive from safehouses in Afghanistan to safehouses in Pakistan.”

What made the above appear particularly alarmist was the fact that Hashem was regarded as being “of low intelligence value,” and the Task Force had also determined that he posed “a low risk, as he is unlikely to pose a future threat to the US, its interests and allies,” and had also not been a major problem in Guantánamo, where he had “a history of passive aggressive behaviour and minor failures to comply with regulations.” As a result, it was actually rather dispiriting to note that it took three years and three months for him to be released, after his transfer was first recommended, and one year and nine months after Brig. Gen. Hood signed the memo approving his transfer.

However, what I found most alarming about Hashem’s file was an analyst’s note regarding the spur for Hashem’s travel to Afghanistan, when it was noted, “His parents probably contacted him and encouraged [him] to jihad in Afghanistan. This is quite probable since his father has been an Imam in Bangladesh for years and conducting jihad in perceived defense of Islam is mandatory.” If it were mandatory, as the analyst noted, a few billion Muslim men would, at any time, be engaged in the armed defense of Muslim lands, which is clearly ridiculous, but it reflects the “clash of civilizations” mentality that was pushed at Guantánamo.

Also see Part One, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten of this series. 

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) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 21 of the 70-part series. 271 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners’ fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements to secure better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken.

However, although the Bush administration allowed habeas petitions to proceed, Congress attempted to strip the prisoners of their habeas rights in the Detainee Treatment Act in 2005, and the administration also responded to the Supreme Court’s ruling with its own inferior version of habeas, the Combatant Status Review Tribunals, a sham process designed to rubber-stamp their designation as “enemy combatants” who could be held indefinitely.

With just 38 prisoners cleared for release after the CSRTs, another review process — the annual Administrative Review Boards — took over, reviewing whether prisoners still had ongoing intelligence value, and whether they still posed a threat to the US. These were essentially the decisions being taken by JTF GTMO and CITF, and they reveal how, in the “War on Terror,” prosecuting criminals (the few genuine terror suspects in Guantánamo) and holding soldiers off the battlefield until the end of hostilities had largely given way to the strange mixture of threat assessments and intelligence assessments that fill the Detainee Assessment Briefs.

With 260 prisoners profiled in the first 20 parts of this project, this latest series covers the stories of the 111 prisoners released in 2006 (and the three who died at the prison in June 2006) and readers will, I hope, realize that almost all of these prisoners were freed because of political maneuvering rather than anything to do with justice. The largest groups released by nationality in 2006 were Saudis (45 in total — 15 in May 2006, 14 in June and 16 in December) and Afghans (35 in total — 7 in February, 5 in August, 16 in October and 7 in December).

I also hope that readers will reflect on the problems of over-classification that have been thoroughly chronicled in the preceding series analyzing the Detainee Assessment Briefs. My analysis to date has established repeatedly that even patently innocent prisoners seized by mistake were regarded as a “low risk,” rather than as no risk at all, and it is important for readers to bear in mind that the entire process of detaining and processing prisoners and exploiting them for their supposed intelligence was shot through with a drive to conclude that they were all a threat, and to overlook the distressing fact that most of them were seized in a largely random manner, mostly by America’s Afghan and Pakistan allies, at a time when substantial bounty payments were widespread, and were never subjected to anything that resembled an adequate screening process.

Also see Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten.

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2006 (Part One of Ten)

Zia Ul Shah (ISN 15, Pakistan) Released October 2006

In Chapter 9 of The Guantánamo Files, I explained how Zia Ul Shah, from Karachi, who was 25 years old at the time of his capture, said in Guantánamo that he went to Afghanistan to look for work, and was employed by the Taliban as a driver. Able to stipulate his own conditions, because the Taliban was in desperate need of drivers and he had his own truck, he refused to transport fighters to the war zone and mostly delivered food to a school in Kunduz that was used as a Taliban base.

Denying an allegation that he surrendered to the Northern Alliance in Kunduz, he explained, “I did not go to surrender. They asked me to take these [other] people to surrender and then they said I could go home. I took them to surrender and dropped them off, and then I left. There were a lot of other drivers that they let go, but they arrested me because I was the only Pakistani.” He said that this was only the beginning of his problems, and that his truck was then fought over by different factions of the Northern Alliance. Abandoned during the wrangling over the truck, he was taken in by an Afghan who offered him food, asked him where he was from, and kept him captive for five days before selling him to another Afghan, who promptly sold him to another Afghan who “was beating me up everyday.” This man then sold him to the Americans who “beat me up a little bit also [and] broke my nose. You can see that the bone is fractured. Then they took me to Kandahar.”

In 2008, he was interviewed by a reporter for McClatchy Newspapers for a major review of 66 released Guantánamo prisoners, when as was noted, there was little in his tribunal transcripts to suggest that he was anything but a truck driver for the Taliban.” Ul Shah (identified as Zia Khalid Najib) reiterated that he was seized “after he’d driven a load of Taliban fighters to surrender,” and explained that he’d “made the trip between his home on the outskirts of Karachi to Afghanistan on a regular basis since 1999, often doing jobs for the Taliban,” such as “transporting troops, food and blankets.” He added that he “did the work more for money than out of conviction.”

Although he “may or may not have come in contact occasionally with low- to mid-level Taliban leaders and ‘possible’ Pakistani intelligence agents inside the Taliban,” as the transcripts suggested, for that he was, as McClatchy pointed out, “imprisoned at Guantánamo for more than four years, longer than many top Taliban leaders and men accused of being Al-Qaida militants.”

McClatchy’s reporter concluded that “Najib and many more like him were detained for years not because of their actions on the battlefield or their links to terrorist groups, but because they tangled with guards at Guantánamo. There were exceptions, but some militants who behaved well in their cells were released relatively quickly while men at the bottom of the Taliban pecking order or those such as Najib who appeared not to be Taliban members were held far longer because they’d gotten into fights.”

Confirming this, Afghanistan’s attorney general, Abdul Jabar Sabit, said after visiting Guantánamo that “he was struck that detainees were classified into groups, marked in descending order from orange to white garb, by how well they behaved and not by whether they were suspected of terrorist or anti-American activities.” “This division did not have anything to do with the crimes attributed to them,” he said. “Only their behavior in the prison was taken into account.”

Najib said that, when guards “teased him by dropping a copy of the Quran or flipping through its pages,” or when they “got into confirmations” with other prisoners, he could not contain his anger. “I could not bear it, so I reacted violently,” he said, stating again, “I would react violently.”

As a result, he spent most of his time in solitary. “They would say they were taking me to isolation for three days, and then leave me there for three months,” he said. “Then they would bring me back to a cell, and three or four days later take me back to isolation … I would say, and this is a guess, I spent 15 days a month in isolation.”

Turning to his interrogations, he spoke about how he had been obliged to deny an allegation that he had been a driver for Osama bin Laden, and explained, in a succinct description of the pointlessness of these sessions, “The interrogators spent entire sessions asking me why I was staring at them and yelling at me that I should look at the floor.”

Speaking about a review board hearing before his release, he further highlighted the absurdity of his predicament, telling the board of military officers that “many of the reasons listed for keeping him at Guantánamo — that he knew various militants and their organizations — were the result of his telling interrogators that he knew of the men.” As he explained, “When they asked me if I know of them or did you hear about them I said yes,” he said. “[T]hese people have big banners hanging all over Karachi and in Pakistan. Of course I heard of them.”

In the documents released by WikiLeaks in April 2011, the file relating to Zia Ul Shah was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated April 22, 2005, in which he was identified as Zia Ul Shah (not Zia Khalid Najib), born in January 1976, and it was noted that he was assessed as being eligible for “Release or Transfer to the Control of Another Country (TR)” on November 20, 2003, but that new information had led to the revision of this recommendation, so that it did not involve the possibility of release.

To reach this conclusion, the Task Force had reassessed him, and, perhaps because of his behavior, had gone to great lengths to dress up a driver — who, at most, “support[ed] the Taliban against Coalition forces on the front lines by transporting food, supplies, weapons and personnel” — as someone more significant. He was assessed as being a member of the Taliban with “ties to” or “institutional knowledge of” four Pakistani militant groups — Harkat ul-Jihad al-Islami (HUJI), Jaish-e-Mohammed (JEM), Harkat-ul-Mujahidin (HUM) and Lashkar-e-Tayiba (LET) — described as “Tier 1 Terrorist Target[s],” which “are defined as terrorist groups, especially those with state support, that have demonstrated the intention and the capability to attack US persons or interests.”

Due to what was described as his “extensive knowledge” of Taliban, HUJI, JEM and the Pakistani Inter-Services Intelligence Directorate (ISID) operations as well as his placement and access to key figures and front line positions,” it was claimed that it was “most likely [he] was an active participant against US and Coalition forces,” who was “concealing his true affiliations with Pakistani Islamic extremist organizations and his support of the Taliban in Afghanistan,” and that he was therefore “a medium risk, as he may pose a threat to the US, its interests and allies.”

Seeking to justify this exaggerated analysis, the Task Force explained how, after Ul Shah left Karachi for Afghanistan, he met a Taliban member in Kabul, who “told him if he went to Kunduz, AF, he could start driving a truck immediately for the Taliban,” and who “wrote [his] name on a piece of paper allowing [him] authorization to board a plane to Kunduz.” In relating the work he did, the Task Force claimed that “he acquired knowledge of the JEM and HUJI terrorist organizations, Taliban communication security procedures such as code words and simple encryption techniques, as well as observed Taliban and Al-Qaida leadership to include Senior Al-Qaida Commander Abdul Hadi Al-Iraqi [later captured and sent to Guantánamo], the leader of Osama Bin Laden’s (UBL) Arab Brigade in Kunduz, AF, region.”

To be honest, this doesn’t seem to constitute anything more than would be required of a driver doing his job, although it undoubtedly involved some information that would be useful as intelligence, as, presumably, was an additional claim that he “interacted with what he believe[d] to be Arab members of the Pakistani ISID that would spy against the Northern Alliance and report to Taliban/HUJI commander Sajjad and Taliban commander Ayubi.” However, if intelligence was what was being extracted, then it was somewhat dishonest to dress it up as information that contributed to the threat level he posed.

In addition, some of it was also of distinctly dubious provenance. An allegation that he was a member of HUJI, for example, was made under unknown circumstances by a fellow prisoner, Abdul Sattar Safeezi (ISN 11, identified as Abdul Sedar Nafeesi), and another implausible sounding claim — that he told Isa Khan (ISN 23, identified as Isaka K Bannu) that “he had four brothers, who were Taliban truck drivers as well” — was, according to an analyst, supposed to “add validity to the assumption [that his] family supports jihad and likely provides insight as to [his] true motives for going to Afghanistan.”

In detailing the circumstances of his capture, the Task Force noted that he “drove a truck full of Taliban soldiers to surrender to General Dostum’s forces,” and that a Northern Alliance soldier “boarded [his] truck and told him to drive to a prison near Mazar-e-Sharif,” from which he subsequently “escaped, but was recaptured by Northern Alliance soldiers.” Apparently handed over to US forces on November 26, 2001 (although the US had no general detention facilities at that time), he was sent to Guantánamo on May 13, 2002, allegedly to “provide information on the following: Punjab foreign fighters from the Punjab region who supported the Taliban operating north of Konduz, Punjabi leaders, Commander Qari Saleem and deputy, Bayee Moogheerah [and] Punjab recruiting practices, to include madrassas used as recruiting places in Pakistan.”

However, as I explained in my article, “How to Read WikiLeaks’ Guantánamo Files” (originally published on WikiLeaks’ website when the Guantánamo files were first published, as part of my work liaising between WikiLeaks and its media partners):

[T]he “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression given in the files, no significant screening process took place before the prisoners’ transfer. As a senior interrogator who worked in Afghanistan explained in a book that he wrote about his experiences (The Interrogators, mentioned above), every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

In conclusion, Ul Shah was assessed as being of medium intelligence value (as well as a medium threat risk) and Brig. Gen. Jay W. Hood recommended his transfer for continued detention in Pakistan. He was not actually released for another 17 months, although there is no evidence that, on his return, he was subjected to further detention, as the US authorities wished.

Mohammed Al Zayla (ISN 55, Saudi Arabia) Released December 2006

In Chapter 5 of The Guantánamo Files, I explained how Mohammed al-Zayla, who was 24 years old at the time of his capture, admitted, in Guantánamo, that he had received military training at the Al-Farouq training camp (the basic training camp for Arab recruits), but said that he didn’t fight the Northern Alliance because he wouldn’t fight other Muslims. He said that he went to Afghanistan because he wanted to fight in Chechnya, and an ex-Chechen fighter told him he should first receive some training in Afghanistan, and added that he was in Kabul, on the back lines, when the US-led invasion started, and that everyone in the house that he was staying in decided to leave for Pakistan via Khost.

In the documents released by WikiLeaks in April 2011, the file relating to al-Zayla was a “Recommendation for Continued Detention Under DoD Control (CD),” dated March 3, 2006, in which he was identified as Muhammad Yahya Muhsin Al-Zaylai, born in July 1977, and it was noted that he was “in good health,” although “Behavioral Health ha[d] seen him for personality disorder and outbursts,” and it was also noted that he had “a history of gastroenteritis,” and “a history of episodes of orthostatic hypotension due to dehydration from the hunger strike, which was resolved after hydration with IVF.” It was also noted that he “was on a hunger strike in March 2002 and August 2005,” and that he had scars “on his right bicep, mid abdomen, lower back and right knee.”

In assessing al-Zayla, the Task Force provided a detailed version of his story, noting that he said that, in February or March 2001, he bought and watched a video about the “atrocities being committed by the Russians against Muslims in Chechnya,” and “then made the decision to travel to Chechnya to join the jihad.” This was a reason given by many of the prisoners, and there was, to be honest, no reason to doubt it necessarily, especially as numerous sources confirm that, to have a chance of getting to Chechnya, volunteers needed first to undertake training in Afghanistan. This, al-Zayla said, is what friends told him, and he was then put onto a facilitator, who arranged his visit to Afghanistan.

After arriving in Kandahar via Pakistan, and the Taliban’s office in Quetta, al-Zayla said that he was taken to a guest house (Al-Nebras), where “he was asked his name, asked if he was anxious to begin his training, and offered a safe to store his personal belongings.” He said that he “stayed in the guest house for two days, accepting the offer of safe storage, before going to Al-Farouq in mid-April 2001,” where he “trained under Abu Saliman, a Filipino.” However, when he “became sick and another trainer took over, [he] decided to leave Al-Farouq.”

He and another recruit then stayed in the “Arab House” in the Wazir Akbar Khan district of Kabul “for two or three days before heading to the front lines,” where he was part of a group commanded by Abu Obeida. He said, however, that he “was never involved in any direct fighting, but did drill for an attack and was trained on the AK-47.” he also said that he “learned of the events of 11 September 2001 while on the front line.”

Al-Zayla also said that, in November 2001, he “and twenty others retreated from the front lines to Kabul,” where he “spoke with his family and decided to return home.” His personal belongings were in Kandahar, however, and when he tried to get them back, he was told that they had been sent to Khost for safekeeping. He then traveled to Khost, but was told that they had been sent on to a small village in Pakistan. He then traveled to Pakistan with approximately 28 others, split into two groups, each led by a guide. However, on arrival in Pakistan, the Pakistani authorities were waiting, and he was taken into custody, and was transferred to US custody in Peshawar on December 27, 2001.

He was sent to Guantánamo on January 11, 2002 (the day after the prison opened), on the spurious basis that it was to “provide information on the following: Al-Farouq training camp [and] Guesthouse in Kandahar, AF.”

Of interest in his file are the statements made by his fellow prisoners, as they reveal the extent to which the authorities relied on the prisoners to incriminate each other, or to provide exculpatory information. In most cases, however, the reliability of these witnesses can, and should be called into question. In al-Zayla’s file, for example, after stating that he had been “photo-identified by known and assessed Al-Qaida members,” the Task Force revealed that those “known and assessed Al-Qaida members” included the Australian David Hicks (ISN 2), who was not an Al-Qaida member, and who is credited with having “photo-identified [al-Zayla] as someone he last saw in the Madafa in Kandahar” (which an analyst assessed as being a reference to the Al-Nebras guest house), and Ali Hamza al-Bahlul (ISN 39, still held), identified as Ali Hamza A Ismail, who was an al-Qaeda member, and who “stated that [al-Zayla] was in his group upon capture.”

Other dubious claims were made by Abd Al-Malik Abd Al-Wahab (ISN 37, still held), a probable Taliban fighter identified as an “[a]ssessed Al-Qaida operative and UBL [Osama bin Laden] bodyguard,” who “identified [al-Zayla] as Mahmoud from Saudi Arabia,” and said that he “knew [him] from the road fleeing Afghanistan,” but “did not know why [he] was in Afghanistan” (which does not sound very convincing), the British prisoner Richard Belmar (ISN 817), described as an “[a]ssessed Al-Qaida member,” who “stated [al-Zayla] and many others looked familiar when asked to review the photos of suspected UBL bodyguards,” but who “provided no further information on where he may have seen [him] before” (which is a particularly weak claim), and Sami El-Leithi (ISN 287), identified as Al-Muntasir Billah Ahmad Al-Bibr, and described as an “[a]ssessed jihadist” (which is ridiculous, as he was a teacher), who “photo-identified [al-Zayla] as a Saudi named Mohammed Omar aka Grandfather, who [he] knew from JTF GTMO” (which is also a very weak claim, as he did not claim knowledge of al-Zayla from anywhere except at Guantánamo).

Further information, which played in al-Zayla’s favour, as it involved repeated claims that he was not a bodyguard of Osama bin Laden, also came from numerous other sources, revealing the extent to which prisoners were plugged for information about each other. Those who did not name al-Zayla as a bodyguard were: Mohammed al-Qahtani (ISN 63, still held), who was tortured in Guantánamo, Abu Zubaydah (ISN 10016, still held) and Walid bin Attash (ISN 10014, still held), who were tortured in secret CIA prisons, Abdu Ali Al-Haji Sharqawi (ISN 1457, still held) and Sanad Yislam Al-Kazimi (ISN 1453, still held), who were also tortured, Salim Hamdan (ISN 149, released in November 2008), a driver for Osama bin Laden, and Mohammad Hashim (ISN 850, released in December 2009), an Afghan fantasist who claimed to have escorted bin Laden out of Afghanistan (and was believed by the US authorities).

In analyzing his case, the Task Force assessed that he was “a high threat from a detention perspective,” because his “overall behavior ha[d] occasionally been both non-compliant and hostile to the guard force and staff.” In terms of the threat he reportedly posed to the US, he was assessed as “a jihadist who traveled to Afghanistan for training,” and as “a medium risk, as he may pose a threat to the US, its interests and allies.” He was also assessed as being “of medium intelligence value,” and, as a result, Maj. Gen. Hood recommended him for continued detention. However, it was also noted that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, he can be Transferred Out of DoD Control (TRO).” Nine months later, he was indeed transferred out of Guantánamo, to take part in the Saudi government’s rehabilitation program.

Salim Al Harbi (ISN 57, Saudi Arabia) Released December 2006

In “The Guantánamo Files: Website Extras (3) – ‘Osama’s Bodyguards,’“  I told the story of Salim al-Harbi, who was 33 years old at the time of his capture. His story was unknown while I was researching and writing The Guantánamo Files, and was not made available until the Pentagon released a batch of documents relating to the prisoners in September 2007.

As I explained in the online chapter, al-Harbi’s story provided a break from most other narratives with its bold statements that he “left Mecca to get away from debts he owed from his failing business,” sold his automobile and decided to go to Afghanistan “to make a profit from the drug trade,” or, as he put it elsewhere, because he wanted “to get away from everything and stay high,” as opium and hashish were “very cheap in Afghanistan.” He was apparently no stranger to drugs and jails, as it was stated in his Unclassified Summary of Evidence that he was jailed in Mecca “after some financial problems with Interpol in 1998-99,” that he was also jailed — both in Riyadh and the UAE — for defrauding a telephone company, and that he also “spent two years in prison for stealing and possession of a controlled substance.”

Al-Harbi claimed that he stayed with a drug dealer in Khost, and “had access to the drug trade,” and he also seems to have come into contact with the vast missionary organization Jamaat-al-Tablighi, who, he pointed out, were “known to pay off the debts of members willing to travel for the group,” and, it should be noted, were also more than likely to want to “save” a drug addict who came into contact with them. Although the US authorities doubted his story that he was taken to the Pakistani border and apprehended either after being injured in a motorbike accident or while traveling in a bus that was hit in a US bombing raid, they secured little in the way of allegations against him, other than a claim that his trip was facilitated by a man who later became a jihadist martyr, and, bizarrely, that his alias was found “in the pocket litter of a Mujahedin [sic] traveling from Bosnia to Croatia in 1996.” It is unknown whether his stated aim on his return to Saudi Arabia — to “build a house and open a restaurant” — came true.

In the documents released by WikiLeaks, the file relating to al-Harbi was a “Recommendation for Continued Detention Under DoD Control (CD),” dated February 3, 2006, in which it was noted that he was born in November 1968, and also had an extensive medical history at Guantánamo, in which it was noted that he “was on a hunger strike in July 2003 and August 2005,” had a “history of latent TB but refused therapy,” had “a history of low Body Mass Index last recorded at 19.4%,” had “a history of chronic bilateral knee pain,” had “a documented episode of atrial fibrillation in 2002 that ha[d] now reportedly converted,” and had “a history of hypothyroidism but [had] refused all jabs and medications.”

Despite al-Harbi’s story about his drug history, and his intention in traveling to Afghanistan, the Task Force assessed him as “a probable jihadist,” who claim[ed] to have traveled to Afghanistan (AF), for a drug consumer holiday.” It was also noted that, while in Afghanistan, he “resided in several guesthouses and associated with members of a known Al-Qaida affiliated organisation, Jamaat al-Tablighi,” which was an outrageous distortion, as Jamaat al-Tablighi is a vast apolitical missionary organization, and that he “resided in known Al-Qaida and Taliban havens for extended periods of time,” although it was added, crucially, that he had “no documented attendance at training camps” — and, it should have been added, there was no evidence that he had engaged in combat against the US.

In telling his story, the Task Force noted that he began using drugs at school, at the age of 15, dropped out of school, and was then imprisoned after “defrauding a satellite cellular phone company.” In prison, he met a man who suggested that he should go to Afghanistan “because the drugs were abundant and cheap,” which he did. Although he took a familiar recruitment route — from Karachi to Quetta, and then to Kandahar and Kabul, he denied ever participating in any armed conflict while in Afghanistan,” and said that he stayed in Khost (one of the “known Al-Qaida and Taliban havens” referred to above) for four months, where he decided to kick his drug addiction.

After the US-led invasion began, he traveled to Peshawar, via Miram Shah, with two Afghan members of Jamaat al-Tablighi, where he “and another six or seven Pakistanis and Arabs were stopped and then taken to jail.” He was transferred to US custody on December 27, 2001, and was sent to Guantánamo on January 16, 2002, although “no reasons for transfer” were documented.

The Task Force stated that his account “appears to be a cover story; however, there is limited additional information with which to counter his claims.” It was noted that he “fail[ed] to mention his previous participation in jihad and his association with Bosnian mujahideen,” but although it was difficult to be suspicious of the information from the Saudi Ministry of Interior General Dlrectorate of Investigations (Mabahith), which stated that he “went to Afghanistan in 1990 or 1991 for jihad,” there was no evidence that he had been in Bosnia, as it relied on a very thin claim that a “variation of [his] alias” was “found in the pocket litter” of a Saudi and a Pakistani who entered Croatia from Bosnia as mujahideen in January 1996. In addition, although at one point it was stated that the Mabahith “identified detainee as a high priority detainee,” in July 2002, “a delegation from Saudi Arabia visited JTF GTMO and interviewed detainee, [who] was identified as being of low intelligence and law enforcement value to the US, and unlikely to pose a terrorist threat to the US or its interests.”

In conclusion, al-Harbi was assessed as “a high threat from a detention perspective,” because his “overall behavior ha[d] been both non-compliant and hostile to the guard force and staff,” although, in terms of the threat he reportedly posed to the US, he was assessed as being “of medium intelligence,” and as “a medium risk, as he may pose a threat to the US, its interests and allies,” and, as a result, Brig. Gen. Hood recommended that he should continue to be held. However, it was also noted, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, [he] can be Transferred Out of DoD Control (TRO).” In addition, “A visiting Saudi delegation indicated that the Government of Saudi Arabia would be willing to take custody of detainee for possible prosecution.”

Musa Al Wahab (ISN 58, Saudi Arabia) Released June 2006

In “The Guantánamo Files: Website Extras (3) – ‘Osama’s Bodyguards,’“  I described the thin set of allegations leveled against Musa al-Wahab, who was 24 years old at the time of his capture. By his own account, he “received a fatwa to conduct Dawa activity [providing religious guidance] in Afghanistan,” and “used his own money to pay for his trip,” but he was, typically, the brunt of other, unsubstantiated claims. Although he was not specifically accused of being a bodyguard for Osama bin Laden — it was noted, instead, that he was “captured with a group of 30 individuals that include some of Osama bin Laden’s bodyguards and a weapons trainer” — he “was reported to have attended a known terrorist training camp,” and to have “been in Tora Bora,” where it was additionally “reported” that he was “an Emir of a group of fighters.”

Apparently jailed in Saudi Arabia for theft (with two Nigerians who were later deported), he was variously — and confusingly — described as being on a foreign government watch list for a supposed trip to Chechnya (not mentioned elsewhere), regarded as a “high priority” detainee by the Saudi Ministry of the Interior, and regarded by a foreign government service (the Saudis again, I presume) as being of “low intelligence or law enforcement value to the United States and also unlikely to pose a terrorist threat to the US or its interests.” His release, of course, suggested that the latter was true.

In the documents released by WikiLeaks in April 2011, the file relating to al-Wahab was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated January 21, 2005, in which it was stated that he was born in July 1977, he was also identified as Musa A. Al-Hawsawi, and it was noted that he had “a history of a depressive disorder and a personality disorder not elsewhere specified.”

In assessing his story, the Task Force noted his own version of events, whereby he left Saudi Arabia on July 27, 2001, traveling to Afghanistan via Karachi, to meet an Afghan friend, and, unsuccessfully, to seek a wife. When his Afghan friend returned to Saudi Arabia, he then traveled to Khost, hoping to meet other Arabs, but ended up, as the US-led invasion had begun, traveling to Pakistan with about 30 other people, led by Afghan guides. Seized by the Pakistani military in Parachinar, on December 15, 2001, he was imprisoned in Peshawar, and then handed over to the US authorities on December 27, 2001. He was sent to Guantánamo on January 16, 2002, although his “file [did] not indicate why he was sent to JTF GTMO.”

The Task Force assessed al-Wahab as part of “the Dirty 30″ — mostly regarded as bodyguards for Osama bin Laden, despite problems with these claims — although no one claimed that al-Wahab was actually a bodyguard. Instead, a variety of unreliable witnesses claimed that he trained at Al-Farouq: torture victim Mohammed al-Qahtani (ISN 63), the notorious liar Yasim Basardah (ISN 252), and the British prisoner Richard Belmar (ISN 817), who was also subjected to abuse. Basardah additionally identified him as being in Tora Bora, and Mohammed Hashim (ISN 850, released in December 2009), a notorious Afghan fantasist, “identified [him] as an individual he had been seen with [at] the Abu Hasan Arab Military division in Kunduz, AF, while they were standing outside of their building.”

In conclusion, he was “assessed to be a low-level member of Al-Qaida and its terrorist network,” because of the unsubstantiated allegations outlined above, and it was also noted that, although he had been “erroneously tied to” Amran al-Hawsawi (ISN 368, released in September 2007), “there [was] a possibility that [he had] familial ties with ISN 368 and his brother,” who, it was stated, was “in Saudi custody.” It was also noted that the Saudi Ministry of Interior General Directorate of Investigations (Mabahith) had stated that al-Wahab had been in Chechnya, which was considered significant by the Task Force, although it was not corroborated elsewhere. As a result, although he had “not admitted to being in Tora Bora or attending an Al-Qaida run training camp,” he was assessed as being “of medium intelligence value,” and “a medium risk, as he may pose a threat to the US, its interests and allies,” and Brig. Gen. Hood recommended him for transfer to continued dentition in Saudi Arabia.

Murat Kurnaz (ISN 61, Germany) Released August 2006

In the history of Guantánamo, only a handful of former prisoners have become prominent in the media after their release, helping to publicize both the injustices of Guantánamo and the Bush administration’s “War on Terror,” and also the complicity of other governments. One of those is Murat Kurnaz, who wrote a book about his experiences, Fünf Jahre meines Lebens: Ein Bericht aus Guantánamo, which was published in 2007, and who has made frequent media appearances since his release. His book was then published in English in 2008, as Five Years of My Life: An Innocent Man in Guantánamo.

As I explained in Chapter 12 of The Guantánamo Files, Kurnaz, who was 19 years old at the time of his capture, was an apprentice shipbuilder who was born and raised in Bremen, Germany. The son of Turkish immigrants who had moved to Germany in the 1970s, he was accused of being “a member of Al-Qaida who had been trying to reach Afghanistan to fight against US forces.”

In fact, he went to Pakistan to study with the vast missionary organization Jamaat-al-Tablighi, and was captured on a bus in Pakistan in November 2001. Transferred to the US prison at Kandahar airport, he experienced many of the brutal methods of treatment described by other prisoners, as Amnesty International explained in a case sheet dealing with his predicament in May 2005. He said that “interrogators repeatedly forced his head into a bucket of cold water for long periods” and “gave electric shocks to his feet,” that he was “held for days shackled and handcuffed with his arms secured above his head,” and that on one occasion an officer loaded his gun and pointed it at his head, “screaming at him to admit to being an al-Qaeda associate.”

What I found disgraceful about Kurnaz’s case was that, initially, the German government washed its hands of him, even though it had been established early on in his detention that he had no connection to terrorism. As the Washington Post explained on his release, “By early 2002, US military intelligence and German law enforcement authorities had largely concluded there was no information linking Kurnaz to al-Qaida or terrorist activities, according to declassified records in his case.” These were made public in January 2005, when US District Court Judge Joyce Hens Green “criticized the military for ignoring evidence in Kurnaz’s favor and ruled that his detention was illegal,” as the Post explained, noting also that her ruling “was stayed while the government appealed.”

The German government ignored Kurnaz’s plight for four years because, although he was born in Germany, the status of his parents as gastarbeiter (guest workers) meant that, like all gastarbeiter, they were not allowed to claim German citizenship for themselves or their children, and his fate was left in the hands of the government of Turkey, where he had never lived. It was not until Angela Merkel became Chancellor in November 2005 that moves were made to secure his release, which took place nine months later.

In 2008, he was interviewed by a reporter for McClatchy Newspapers for a major review of 66 released Guantánamo prisoners, in which McClatchy confirmed that investigators had found “no definite link/evidence of detainee having an association with al-Qaida or making any specific threat toward the US,” and Kurnaz explained — as he has so many times before and since — that when he was seized (in December 2001, in his account), “he was on his way to the airport after a month of studying in madrassas,” as part of “an effort to become a better Muslim man for his new, conservative, Muslim wife from Turkey.” He said that “his primary fear at first was that he’d miss his flight,” but that this changed when “Pakistani police handed him over to American forces for a $3,000 bounty” and he was sent to the US prison at Kandahar airport.

As he explained, “The closest I came to death, I believe, was when they hung me by my hands for five days. It may have been longer. It seemed an eternity.” This type of punishment is more commonly associated with the abusive regime at Bagram, the other prison used to process prisoners for Guantánamo, and it is clearly a form of torture. Describing it further, Kurnaz said that “his wrists were handcuffed together, a chain was connected to them and he was hoisted up with a pulley. The guards took him down only to check his vital signs.”

Kurnaz has also explained that, in Kandahar, another prisoner subjected to the same treatment died. He did not mention this to McClatchy’s reporter, but it is discussed in his book, and in an article published in the Washington Spectator in 2007, he said, “They were hanging me and pulled me up higher than the other times. I could see the man in the other room. He was hanging, too. Maybe they lifted him higher that time, too, I don’t know. I had heard him moaning and breathing; this is the first time I saw him. He was dead. The color of his body was changed and I could see he was dead.”

On another occasion, “he was questioned while he was being dunked in cold water,” and he explained that “when his American questioners kicked him in the stomach while his head was submerged, he began to fear that he’d inhale water and drown.” This story — again, one that Kurnaz has often repeated — was recently picked up on by the psychologist and reporter Jeff Kaye, for an article on the types of water torture used in the “War on Terror,” which I cross-posted here.

After he was moved to Guantánamo, Kurnaz has maintained, his ordeal continued. In his book, he wrote powerfully about the perils of surviving solitary confinement, where those who were regarded as uncooperative were held for at least a month, and often longer, in isolation cells with so little oxygen that it was an effort just to survive. Kurnaz also claimed, as McClatchy described it, that “he was beaten frequently, blasted with pepper spray, shackled to the floor for long periods and sexually molested by three female interrogators.” He added that his weight dropped from 220 pounds to 140.

In the article in the Washington Spectator, he “theorize[d] that much of the torture was a result of the failure of the American soldiers and agents to capture any real terrorists.” As he explained in his own words, “They didn’t have any big fish. And they thought that by torture they could get one of us to say something. ‘I know Osama’ or something like that. Then they could say they had a big fish.”

Speaking to McClatchy about his release, and his life since, he said that, although he learned that his grandfather and his favorite uncle had died and that his wife had divorced him, he thought he had “adapted well to normal life.” He was working as a city researcher in Bremen, had “bought a red sports car and a fast motorcycle, and he dream[ed] of finding a new wife.” As he explained, in conclusion, “Of course, I can never forget my life in prison. But I hold nothing against the people of America. What was done to me was done by their government. I understand most Americans had no idea what was happening to me, or the others, in that horrible place.”

In the documents released by WikiLeaks in April 2011, the file relating to Kurnaz was a “Recommendation for Continued Detention Under DoD Control (CD),” dated May 19, 2006, in which he was identified as Murat Kunn, Murat Karnaz and Mourad Kournaz, born in March 1982, and, in defiance of a lack of evidence, was “assessed to be a member of Al-Qaida’s global terrorism network with membership in the Bremen Al-Qaida Cell and Jamaat al-Tablighi (JT) and probable associations with Lashkar-E-Tayiba (LET).” With the exception of Jamaat al-Tablighi, which is a vast apolitical missionary organization, despite the US authorities’ attempts to dress it up as an organized front for terrorism, Kurnaz had no involvement with the other organizations — Al-Qaida and LET, and the Bremen cell that didn’t even exist.

Despite a lack of evidence of any wrongdoing or planned wrongdoing on Kurnaz’s part, the Task Force persisted in claiming that he “traveled to Pakistan intent on receiving training and participating in hostilities against US and coalition forces operating in Afghanistan in preparation for the commencement of Operation Enduring Freedom,” which, I believe, reveals primarily how, once in Guantánamo, and the longer prisoners were held, the more the supposed evidence against them was often little more than an accumulation of unsubstantiated allegations.

Repeating Kurnaz’s own story, the Task Force noted that, in the mosque in Bremen, he met two Jamaat al-Tablighi members, and, after speaking to them, “decided to travel to Pakistan to learn Arabic and increase his knowledge of Islam.” After he “stayed at a series of JT guesthouses and mosques before settling in Peshawar, PK, to teach the Koran,” he was then seized near Peshawar on a bus, after traveling to Miram Shah, on the Pakistan/Afghan border, with an associate, Mohammed, who was “helping him change his plane ticket for his return to Germany.” Transferred to US custody on December 27, 2001, he was sent to Guantánamo on February 13, 2002, on the spurious basis that it was to provide information on the following: Jamaat al-Tablighi in Pakistan [and] Jamaat al-Tablighi at the Quba Mosque in Bremen, GM.”

After claiming that Kurnaz was “deceptive in answering questions and contradict[ed] himself on several occasions,” the Task Force also claimed that he was “standing by his cover story to avoid revealing his connections to extremists,” and assessed him as “a high risk, as he is likely to pose a threat to the US, its interests and allies,” drawing in particular on a claim by former CIA “ghost prisoner” Mohammad Haydar Zammar, described as “the Al-Qaida recruiter of 9/11 lead pilot Mohammad Atta,” who, it was conceded, was being held in a Syrian jail, where torture was rife. Zammar had apparently stated that he had “sent [Kurnaz] to Afghanistan in the days following 9/11,” and an analyst had added that “Zammar’s comment that detainee was sent by him to Afghanistan for terrorist training ‘just like Atta’s group before him’ suggest[ed] that [he] was to possibly be groomed as a suicide operative.”

This was a horrible example of what happens when people who are tortured are shown photos and obliged to identify the people in the photos, and there were other examples in Kurnaz’s file: a statement by Mohammed al-Qahtani, tortured at Guantánamo, who “photo-identified [him] as a German who was captured at Tora Bora,” even though he was not captured at Tora Bora at all.

Despite the lack of evidence against Kurnaz, and the creativity required to conjure up a case against him, he was assessed as being “of medium intelligence value,” and “a high risk, as he is likely to pose a threat to the US, its interests and allies,” and Rear Adm. Harry Harris Jr., the commander of Guantánamo, recommended his continued detention.

For further information about Murat Kurnaz, see this article in Der Spiegel about Kurnaz’s initial claims that German operatives abused him in Afghanistan, this Al-Jazeera interview in 2008 (when I was also interviewed), this article featuring Kurnaz’s thoughts about the alleged triple suicide at Guantánamo in June 2006 (also see the story of Yasser al-Zahrani (ISN 93, below)), this article featuring his comments to interviewers from the United Nations, this article discussing a Human Rights Watch report about the complicity in torture of Germany and France, and this interview with Kurnaz on Russia Today in August 2011.

Abdel Hadi Sebaii (ISN 64, Saudi Arabia) Released May 2006

In Chapter 5 of The Guantánamo Files, I explained how Abdel Hadi al-Sebaii, a police officer who was 31 years old at the time of his capture, went to Pakistan “for charity purposes to build houses,” as he said in Guantánamo, but decided he would be able to do more in Afghanistan. He explained that he “didn’t only go to build houses but anything that would help the poor and needy,” and added that it would cost him up to $300,000 to build a mosque in Saudi Arabia, whereas in Afghanistan it would only cost about $2,000. Speaking of the circumstances of his arrest, he raised the issue of prisoners (himself included) being sold to the Americans. He said that when he entered Pakistan and asked to go to his embassy, having shown the border guards his passport and travel tickets, he was told he would first be required to fill out some forms:

We were getting along famously. They didn’t put me in prison or place any restrictions on me … Suddenly, I was turned over to the United States. I don’t know why I was turned over to the US … My only problem was with the Pakistani government. Why did they do that? Pakistan is the reason I am here. Pakistan was greedy and wanted money, so they sold me. This might have put the US in a very precarious position.

In the documents released by WikiLeaks in April 2011, the file relating to Sebaii was an “Update Recommendation [for] Transfer to the Control of Another Country for Continued Detention (TRCD),” dated May 13, 2005, in which he was identified as Adl Al-Hadi M. Al-Subay and Abdel Hadi Mohammed Badan Al-Sebaii Sebaii, born in August 1971, and it was noted that he had “food allergies to include: wheat, peanut and potato-based products.”

In assessing his story, it was noted that he had been previously assessed as “Retain in DoD [Control]” on January 10, 2004, but his case had been reconsidered, and he was “assessed as a low-level member of Al-Qaida’s terrorist network,” who, in response to a fatwa, “traveled along a known jihadist route to Afghanistan for jihad,” but “used the cover story of traveling to Afghanistan to help build mosques.” Even so, despite his apparent repudiation of his story about traveling to build mosques, it was odd that he was not captured with any fighters, but with two Kuwaitis, Adel Kamel Haji (ISN 60, released in November 2005) and Omar Rajab Amin (ISN 65, see below), who “were traveling together.” He “spent five weeks in their company,” and was captured by Pakistani authorities on December 20, 2001, held in prison in Peshawar, and then transferred to US custody on December27, 2001.

He was sent to Guantánamo on January 14, 2002, although no reason was provided. Instead, the Task Force noted that “Bagram processing documents indicate[d] detainee was transferred to JTF GTMO to provide information on the training and tactics of the Saudi Governmental Police Department; however, [he] may be able to provide information on facilitators that aided him in his travels to Afghanistan and Al-Qaida terrorist connections.”

In assessing his story, the Task Force claimed that a man he had stayed with in Afghanistan prior to meeting the Kuwaitis, Mohammed al-Afghani, “was actually Majid Bin Muhammad Bin Sulayman Abal Khayil aka Arsala Khan,” described as “a known Al-Qaida and Taliban facilitator that was captured and [was] being held in US custody,” although I have been unable to discover any information about him, and he was never held at Guantánamo. Nothing else of substance was put forward, and, as a result, Sebaii was assessed as being “of medium intelligence value,” and “a medium risk, as he may pose a threat to the US, its interests and allies,” and Brig. Gen. Hood recommended his transfer to Saudi Arabia for continued detention.

Omar Rajab Amin (ISN 65, Kuwait) Released September 2006

In Chapter 5 of The Guantánamo Files, I explained how Omar Rajab Amin, who was 34 years old at the time of his capture, had studied at the University of Nebraska and then spent seven years heading a Kuwaiti charity in Croatia and Bosnia, which supported orphans from the war zone. In October 2001, as he explained in Guantánamo, he was inspired by the plight of the Afghan people, and set off for Afghanistan with 3,000 Kuwaiti Dinars (about $10,000) donated by himself and his brothers and sisters. After traveling to the Iranian border, he didn’t find any refugees, and then decided to enter Afghanistan, traveling to Kabul to find people who might need his help, secure in the knowledge that the Americans had stated that the war would be “a political war, an economical war, an information war and an intelligence war.” “The Americans were not stupid,” he added. “They were not going to commit all their troops to go into Afghanistan to die, like the Russians and the British.”

In Kabul, he found an interpreter, and said that they were “working every day from the morning until the sunset … meeting the poor people and the orphans,” until one day his interpreter advised him not to return to the city because it was about to fall to the Northern Alliance. He then began trying to escape from Afghanistan, eventually meeting up with a group of Afghans and other Arabs, who were heading to the border — and giving a lift to Adel Kamel Haji (see “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005 (Part One of Five)“), where they turned themselves in and were sold to the Americans. He added that he would never have entered Afghanistan in the first place if he had known that the Americans “were not going to apply the Geneva Convention, especially to people who worked in charity organisations.”

In the documents released by WikiLeaks in April 2011, the file relating to Amin was a “Recommendation for Continued Detention Under DoD Control (CD),” dated January 6, 2006, in which it was noted that he was born in June 1967, and was “in good health,” although it was also noted that ”[h]is inprocessing Body Mass Index on 12 Jan 02 was 21%,” that he had “a history of latent TB for which he ha[d] refused treatment,” that he “was diagnosed with GERD [Gastroesophageal Reflux Disease aka Acid Reflux or Heartburn] in May 2002,” and that he “had a hemorrhoidectomy performed in July 2004.”

In relating his story, the Task Force noted that he had traveled to the US on a family visit in 1981, when he was 14, and also that he had studied in Arizona and Colorado from 1985 to 1987, and had attended the University of Nebraska from 1987 to 1992, where he “received a bachelor’s degree in agriculture.” These visits undoubtedly counted against him in detention, as anyone who had visited the US was regarded as a possible — or probable – member of an al-Qaida sleeper cell.

From 1994 to 1999, he worked for an NGO, the Kuwaiti Joint Relief Committee (KJRC), in Croatia and then in Bosnia-Herzegovina, providing aid and humanitarian assistance to those affected by the war, and he then returned to Kuwait, where he was employed by the Kuwaiti Ministry of Social Affairs and Labor.

In 2001, “[i]nfluencedby the media, [he] decided to travel to Afghanistan for two months,” and, “[i]n light of his experience at an NGO, [he] stated he wanted to try and help the orphans and refugees.” After collecting money from his family and his local mosque, and traveling to Iran and taking a taxi to Afghanistan, Amin “stated he had only been in Afghanistan for two or three days before the coalition began bombing near Kabul,” and that, “after approximately a month, conditions become perilous and he was advised to leave the city.” He said that he left his passport and other documentation with “his government-provided translator,” who “promised [him] that he would forward it to him at a later date,” and that he then traveled to Pakistan with Adel Kamel Haji (ISN 60, described as Adil Kamil Abdullah) and Abdel Hadi Sebaii (ISN 64, see above, described as Abdel Hadi Mohammed). The three men, it was noted, “traveled on foot to the Pakistani border,” were arrested by Pakistani forces in mid-December, and transferred to US custody in Peshawar on December 27, 2001.

He was sent to Guantánamo on January 11, 2002 (the day the prison opened), on the spurious basis that it was to “provide information on the following: The inner workings of the governmental ministries, which coordinated relief efforts with the KJRC [Kuwaiti Joint Relief Committee], in both Bosnia and Croatia [and] The refugee community in Bosnia and Croatia between 1993 and 1999, as well as specific information on the civil war in Afghanistan.”

Although there was no reason to doubt Amin’s explanation of his activities, the Task Force assessed him as “an Islamic extremist who used his management position with the KJRC for over six years in Bosnia and Croatia to help facilitate mujahideen activity.” This analysis was based on a claim that his “narrative of his time as Deputy Director of the KRJC is basically empty, devoid of his responsibilities and personalities he met while in Bosnia and Croatia,” which actually means nothing, as he may have been unwilling to name names, knowing that to do so would only endanger any innocent people he had ever met in his travels.

It was claimed that he was “associated with known Kuwaiti terrorism financier Jabir Jalamah,” although this claim came from “a source with direct access but undetermined reliability,” who alleged that Jalamah was “a sheik in Kuwait who collect[ed] money from lesser financiers and funnel[ed] it to the Al-Qaida terrorist network, as well as the Zarqawi and Ansar al-lslam groups.” This was a spectacularly unreliable claim, although there was also little weight that could genuinely be attached to other claims: that “Kuwaiti Intelligence link[ed] detainee to Sulayman Abu Ghayth,” who worked for the Saudi-based humanitarian aid charity Al-Wafa in Afghanistan, but was “listed as the ‘official spokesman for the Al-Qaida organisation’ by Kuwaiti State Security,” and that Amin “possibly assisted in delivering funds to the director of Al-Wafa.”

The Task Force alleged that Al-Wafa was a front for terrorist-related activities (although this was never proved), and that the organization’s director, Abdul Aziz al-Matrafi (ISN 5, released in December 2007) had stated that “a group of six Kuwaiti nationals visited him in Afghanistan during late September 2001.” This may be true, and it may also be true that Amin was one of them, but nothing proves that any of these men had any purpose in mind beyond providing donations to support Al-Wafa’s humanitarian work, or that any of them actually knew about Abu Ghayth’s purported connections to Al-Qaida.

What was most significant, in the list of “Reasons for Continued Detention,” even though it was indicative of the exact opposite was the following note:

During a Kuwaiti delegation visit in January 2004, the Kuwait State Security (KSS) interrogated detainee. The KSS believed Amin was not dangerous and would release him directly if he was returned to Kuwait. Amin admitted he was in the wrong place at the wrong time and does not blame the United States for arresting him.

Despite this assessment, which should have led to Amin’s immediate release (although he was not freed for another two years and eight months), the Task Force assessed him as being “of medium intelligence value,” and as posing “a medium risk, as he may pose a threat to the US, its interests and allies,” and Maj. Gen. Hood recommended him for continued detention, even though it was also conceded that he was “a low threat from a detention perspective,” as he was “mostly well behaved while in Camp Delta and ha[d] not taken part in any voluntary total fasts, made any jihadist statements, and ha[d] only rarely conducted PT in his cell.”

Yusif Khalil Nur (ISN 73, Saudi Arabia) Released June 2006

In “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I explained how Yusif Khalil Nur, who was 19 years old at the time of his capture, was a survivor of the Qala-i-Janghi massacre, which took place in an ancient fort in northern Afghanistan, where hundreds of Taliban foot soldiers (and some civilians swept up by mistake) were taken after surrendering as part of the fall of Kunduz, the last Taliban-held city in the north. Most of these men died after some staged an uprising, which was put down with savage force, and the survivors huddled underground in a basement, as the Northern Alliance and their US allies bombed them, attempted to set them on fire, and finally flooded the basement.

Nur, who was wounded in the uprising, said in Guantánamo, “I didn’t fight. I was just sitting there, and I got injured.” In his review board hearing, he insisted that he had not traveled to Afghanistan to fight with the Taliban, telling the board, “When I went to Afghanistan it wasn’t in my will to go and fight for the Taliban. I went there to visit my brother … The main reason was my brother, not the Taliban or the Northern Alliance … It doesn’t make any difference to me who is the Taliban and who is the Northern Alliance.” He did, however, admit that he traveled to Khawaja Ghar and received training in the use of hand grenades, and also admitted that he had traveled to Afghanistan previously, when he had been trained to use a Kalashnikov.

In the documents released by WikiLeaks in April 2011, the file relating to Nur was a “Recommendation for Continued Detention Under DoD Control (CD),” dated December 11, 2005, in which he was also identified as Yusef Khalil Abdullah, born in March 1982, who had “a history of malnutrition as a result of hunger striking and a gunshot wound to the abdomen upon detainment,” but was “otherwise in good health.”

Nur’s brother, according to the Task Force’s account, was Abdul Rahman Abdullah Nur, described as “a known Taliban member and assessed Al-Qaida recruiter,” and it was clear that Yusif was under his spell. Having traveled to Afghanistan in 2000, with his brother’s help and financial assistance, when he studied as the Malik Center in Kabul (described as “an Al-Qaida training facility”), he left to attend the Hajj, returning in March 2001, where he was reunited with his brother on the Taliban’s “secondary line” near Kabul. The two then stayed in a guest house while awaiting transportation to the front lines at Khawaja Ghar, which was where Nur’s brother trained him to use hand grenades, and then traveled to the front lines, where he stayed for six months.

The Task Force noted that, according to Nur, “When the coalition bombing campaign began, [t]hey decided to depart Afghanistan,” but were informed that the borders were closed. They then retreated to Kunduz, where they stayed in a guesthouse “until a deal was made between the Taliban and General Dostum, for safe passage to Kandahar.” Instead, however, “Dostum’s men told Taliban forces to surrender their weapons and took them to the fortress in Mazar-E-Sharif” (actually, Qala-i-Janghi, where the massacre took place that left only 86 survivors). In the file, the only mention of the massacre was that Nur “was wounded in the stomach during the uprising.”

From Qala-i-Janghi, he was taken to the brutal, overcrowded prison in Sheberghan, run by General Dostum, and then transferred to US custody. He was sent to Guantánamo on January 20, 2002, on the spurious basis that it was to “provide information on the following: Abd Al-Salam Al-Hadrami – a former senior ranking Arab fighter supporting the Taliban and senior Arab officer who commanded over 150 fighters, Gharib Al-Sunai — a senior ranking Arab fighter supporting the Taliban who assumed command of the Arab element after Al-Hadrami’s death, Abdul Rahman Khalil Abdullah Nur — A known recruiter and suspected trainer of Arab fighters supporting the Taliban [and] Combat operations involving his Arab element of the Taliban.”

In conclusion, the Task Force assessed him as “a member of Al-Qaida” who served in Osama bin Laden’s 55th Arab Brigade, and “a high risk, as he is likely to pose a threat to the US, its interests and allies.” He was, however, noted as being “of low intelligence value,” and “a medium threat from a detention perspective,” who had “recently been somewhat compliant and non-hostile to the guard force and staff,” but “did provide moderate support to the 2005 voluntary total fast by refusing 33 meals in August, as well as 9 meals in September.” As a result, Maj. Gen. Hood recommended him for continued detention.

Najib Lahcini (ISN 75, Morocco) Released February 2006

in “The Guantánamo Files: Website Extras (1) – The Qala-i-Janghi Massacre,” I told the story of Najib Lahcini, who was 23 years old at the time of his capture, and was, I thought, probably a survivor of the Qala-i-Janghi massacre, although no mention of it was made in the available documentation. It was alleged that Lahcini, who, it was stated, had entered England illegally and had been persuaded to travel to Afghanistan “by a man he had met at the Baker Street mosque” in London, lived at a Taliban guest house in Jalalabad, “near the Taliban intelligence center,” attended a Taliban training camp for a month, and then spent another month in the mountains near Jalalabad, digging trenches with the Taliban. It was also stated that he was sent to Khawaja Ghar, but was forced to retreat by US bombing, and that he subsequently surrendered to General Dostum’s Northern Alliance forces near Mazar-e-Sharif. More vaguely, it was alleged that he “may have trained” at al-Farouq, and “was possibly in charge of a group of 20 fighters in Zormat,” in Paktia province in eastern Afghanistan, although both these allegations, I thought, sounded suspiciously like confessions obtained from other prisoners under duress.

In the documents released by WikiLeaks in April 2011, the file relating to Lahcini was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated June 3, 2005, in which he was identified as Najeb Lahassini (or Lahassimi or Lahassihi), born in September 1978, and it was noted that he was “in good health with the exception of chronic traumatic orthopedic injuries,” and was “followed by Behavioral Health Service for Personality disorder.”

In telling his story, the Task Force noted that he had repeatedly tried to leave Morocco from 1999 onwards, and had finally managed to reach the UK in January 2001, via Spain and France, where he sought asylum. In London, he met a Sudanese man, Hamed, “who offered him food and a place to stay,” and he then “became a devoted Muslim,” and, in May 2001, agreed to travel to Afghanistan with Hamed to live “as a true Muslim.” In Jalalabad, they stayed for five months with a man named Abu Mohammed Al-Jazeeri, who Hamed had fought with against the Russians, and who, in July and August 2001, apparently provided weapons training to Lahcini, Hamed and “others who stayed at his home.”

After September 11, 2001, Lahcini said, he “was “sent to the mountains outside of Jalalabad, AF, along with Hamed and approximately one hundred other Arab fighters,” where they reportedly “prepared defensive positions,” and in late November 2001, he “and the others in his fighting group were told to retreat to Mazar-e-Sharif, AF, where they would surrender their weapons to the Afghan Duston (aka Dostum) Army. Thereafter, they would travel to Kandahar, AF, and be allowed to return to their home country.” Instead, of course, he and “approximately three hundred fighters” (other reports suggested, convincingly, that there were at least 450 prisoners) were taken to Qala-i-Janghi, where the notorious massacre took place, which was described in his file as follows:

Sometime throughout the detention process, some of the prisoners broke free and overpowered several troops. These prisoners took over the prison’s weapons and engaged Dostum’s troops. Detainee was untied by one of the prisoners as the fighting broke out. Shortly after being untied detainee claims an RPG round severely damaged his left arm. After being hit by the RPG he laid in the courtyard while the gunfight continued between the prisoners and Dostum’s troops. Detainee advised the fighting continued for five days. Some time during the fighting all the injured prisoners were placed in the basement of courtyard house number two (Analyst note: this was done by the Arab fighters). Detainee claims on the seventh day Dostum’s troops began pumping water into basement and between one hundred to one hundred and thirty prisoners drowned, including his friend Hamed. On the eighth day of fighting, the surviving prisoners were taken out of the basement and placed on stretchers, then taken to a Red Cross shelter.

He was then “taken to a hospital in Sheberghan, AF, where he remained for thirty days,” and was then turned over to US forces and taken to Kandahar. He was sent to Guantánamo on February 7, 2002, on the spurious basis that it was to “provide information on the following: Arab foreign fighters.”

In the Task Force’s assessment, what was missing from Lahcini’s account was a confession that he had been part of Osama bin Laden’s Arab Brigade, and had fought in Kunduz, where he was reportedly identified as having been seen by other prisoners. However, as he had what was described as an “extreme uncooperative disposition,” he had not provided the information the Task Force desired, and had also not responded to allegations made by other prisoners, including extremely dubious claims made by torture victim and CIA “ghost prisoner” Abu Zubaydah (ISN 10016), who said that he “might possibly be a Yemeni national who may have trained at Al-Farouq camp” (he was a Saudi), and who was also responsible for the claim that he “was possibly in charge of a group of 20 fighters in Zormat.”

In conclusion, the Task Force assessed him as “a member of Al-Qaida,” who was “a high threat from a detention perspective,” because his “overall behaviour pattern” had been “one of hostility and aggression directed towards the guard force and staff.” He was also assessed as being “of medium intelligence value,” and as “a medium risk, as he may pose a threat to the US, its interests and allies.” As a result, it was perhaps surprising that Brig. Gen. Hood signed a memo that updated a recommendation to “Retain in DoD [Control],” dated November 11, 2003, and, instead, recommended his transfer to continued detention in Morocco.

In November 2006, Lahcini and the other two Moroccans released with him in February 2006 — Muhammad Hussein Ali Hassan (ISN 123, see Part Two of this series), and Mohammed Laalami (ISN 237, also identified as Suleiman al-Alami, see Part Four of this series) — were sentenced by a criminal court in Salé. As Jurist described it, Laalami (identified as Mohamed Slimani) was “sentenced to five years in prison for his alleged role in creating and participation in a ‘criminal gang, practice of activities in a non-recognized association and organization of un-authorized public meetings,’” and Lahcini (identified as Najib Houssani) and Hassan (identified as Mohamed Ouali) “each received three year sentences for falsifying administrative documents.” Jurist added that the charges were “related to the men’s connection with Salafia Jihadia [an offshoot of the Moroccan Islamic Combatant Group] and unrelated to their detention at Guantánamo Bay.”

However, in May 2007, Laalami (described as Mohamed Slimani Alami) had his sentence quashed, and was acquitted of all charges, and Lahcini and Hassan had their sentences reduced to one-year suspended sentences.

Ilkham Batayev (ISN 84, Kazakhstan) Released December 2006

In Chapter 2 of The Guantánamo Files, I explained how Ilkham Batayev, who was 28 years old at the time of his capture, was another survivor of the Qala-i-Janghi massacre. In Guantánamo, he said that, after traveling to Tajikistan to sell apples, he was kidnapped by thugs working for the Islamic Movement of Uzbekistan (IMU), and transported to Kunduz, where he was forced to work as an assistant to a Taliban cook. In the chaos surrounding the fall of Kunduz, he saw his chance to escape, and hopped in a car with some other men who were hoping to escape to Iran, but was captured by Northern Alliance soldiers and taken to Qala-i-Janghi. Sick with malaria, and in pain from a recent operation to remove his wisdom teeth, he decided to leave the basement behind everybody else on the Sunday morning, when the massacre began, but was injured by a grenade as soon as he emerged, and then crawled back underground, where he spent the next six days hallucinating because he had lost a large amount of blood.

Batayev was also subjected to one of the most risible claims in the whole of Guantánamo’s history, which is full of implausible allegations, as I explained in Chapter 15 of The Guantánamo Files, in a section dealing with false confessions, when I noted that he “was reportedly caught smuggling $600,000, which, if true, suggests that he managed to keep the money safe while trying not to drown in the basement of the Qala-i-Janghi fort.”

In 2008, he was interviewed by a reporter for McClatchy Newspapers for a major review of 66 released Guantánamo prisoners. Interviewed in Abay, a “small town on the Kazakh-Uzbek border, a 12-hour train ride and a three-hour car trip from the nearest large Kazakh town,” Batayev “refused to talk about how he — a coach at a sports clinic, the son of a supervisor at a state-run cotton business — got from his home in rural Kazakhstan to the badlands of Afghanistan,” telling the reporter, “This is ancient history … I don’t want to say anything about it.”

As a result, McClatchy’s team was left with what was regarded as Batayev’s implausible story about traveling to Tajikistan to sell apples, which, as was noted, would have involved him “hav[ing] to travel all the way through another country, Uzbekistan, to go sell apples in Tajikistan, a country that has plentiful apple orchards of its own.”

This doesn’t mean that the US authorities’ version of events was true — that he wasn’t kidnapped by the Islamic Movement of Uzbekistan whilst on a trip to sell apples, but was a willing volunteer — and it is not necessarily persuasive that, as was asserted in Guantánamo, representatives of a foreign government — presumably Kazakhstan, whose agents visited Batayev in Guantánamo — confirmed his membership in the IMU,” as the Kazakh authorities may have lied, and it was impossible to be sure what the truth was when that absurd claim about having $600,000 on him was contained in the allegations.

However, it was noted that, while he was imprisoned in Afghanistan in 2001, before his transfer to Guantánamo, he was interviewed by a Kazakh journalist, and, in that interview, “said he was hiking in the mountains in Tajikistan with some friends when a gang of men loyal to Islamic Movement of Uzbekistan leader Juma Namangani kidnapped them.” It was also noted that he later told his American lawyer, Thomas R. Johnson Jr., that “he’d gone to Tajikistan to buy goods to bring back to Kazakhstan and sell,” but that, in the market in Dushanbe, “he met a trader who invited him to his orchards.” Once there, however, “a group of armed men kidnapped him” and took him to Afghanistan.

Although there are different points of view about whether or not the Taliban-linked IMU kidnapped people and took them to Afghanistan to fight, Johnson told McClatchy, “I never saw any credible information anywhere linking him” to the Islamic Movement of Uzbekistan, adding, “I would feel completely confident going into a court of law in the United States and getting an acquittal based on the information in their files.” He also spoke about the absurd allegation regarding the $600,000 he reportedly had in his possession, calling it “ridiculous,” and explaining that “the first time that he was ever interrogated somebody said $600 … the amount has only grown.”

In the documents released by WikiLeaks in April 2011, the file relating to Batayev was an “Update Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD),” dated July 25, 2005, in which it was noted that he was born in July 1973, and it was revealed that he had been initially identified as an Uzbek, and had previously been recommended for “Transfer to the Control of Another Country for Continued Detention (TRCD) on 23 February 2004.”

In telling his story, the Task Force noted that he “graduated from a physical training college in Kazakhstan in 1992,” and then “worked as a youth sports instructor and a fruit vendor” prior to allegedly joining the Islamic Movement of Uzbekistan (IMU), supporters of the Taliban identified as “a Tier 1 target, which is defined as terrorist groups, especially those with state support, that have demonstrated the intention and the capability to attack US persons or interests.”

In explaining how he ended up with the IMU, the Task Force shed light on the earlier discrepancies between versions of Batayev’s story, stating that, although he initially claimed he was kidnapped by a man named Makhmudzhon Kirgizov, he “later changed his story under questioning from the Kazakhstan National Security Committee (KNB) in early October of 2002.” He was then flown to Kunduz in January 2001, “by civilian helicopter,” ending up in an IMU training facility near Mazar-e-Sharif, where, he said, he “declined to participate in the training and did not participate in any military activity.”

Instead, he said, he “worked as a cook’s assistant in a guesthouse” until July 2001, when he was hospitalized with malaria (until September 2001). He then reportedly contracted pneumonia in October 2001, and was then taken to Qala-i-Janghi, where he “was wounded during the battle at the prison.” He was then held for a month in Kandahar, and was sent to Guantánamo on February 7, 2002, on the spurious basis that it was to “provide information on the following: Prison uprising at Mazar-e-Sharif.”

In assessing his story, which involved detailed claims about his involvement with the IMU, the $600,000 became $60,000 in counterfeit money, which was apparently discovered in 2000 in the possession of a group of men (of which Batayev was one) by the Tajik Ministry of Internal Affairs,” and which apparently led to the Task Force’s bold claim that he “was involved in money laundering and counterfeiting operations with the IMU,” even though this had not been proved. Other claims were that he had been involved with the IMU since 1998, and, as a result, he was assessed as being “of medium intelligence value,” and “a medium risk, as he may pose a threat to the US, its interests and allies,” although it was also noted that, in Guantánamo, his “overall behaviour pattern ha[d] been compliant and often respectful to the operations of the Camp and the guard force.”

Yasser Talal Al Zahrani (ISN 93, Saudi Arabia) Died in Guantánamo June 2006

As I explained in Chapter 19 of The Guantánamo Files, Yasser al-Zahrani was one of three prisoners who died at Guantánamo on June 9, 2006. having allegedly hanged themselves in a coordinated suicide pact. The other two were Ali Abdullah Ahmed al-Salami, a Yemeni, and Mani al-Utaybi, another Saudi.

As I discussed in two articles, “The Pentagon Can’t Count: 22 Juveniles Held at Guantánamo” and “WikiLeaks and the 22 Children of Guantánamo,” al-Zahrani was just 17 years old when he was seized, and was, therefore one of at least 22 juveniles at Guantánamo who should have been rehabilitated rather than punished, according to America’s obligations under the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, which the US ratified on December 23, 2002. However, only three juveniles were ever treated differently from the adult prisoners (as described in “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004 (Part Ten of Ten)”), whereas al-Zahrani and the others were treated as harshly as all the other prisoners — or, in al-Zahrani’s case, worse than most, as he was a long-term hunger striker, who had been force-fed on a daily basis for many months before his death.

The administration’s response to the deaths was extraordinarily callous. Rear Adm. Harry Harris, the commander of Guantánamo, said, “This was not an act of desperation, but an act of asymmetric warfare committed against us,” and Colleen Graffy, the deputy assistant secretary of state for public diplomacy, described the suicides as a “good PR move to draw attention.” Stung by international criticism, the administration rapidly back-tracked, and Cully Stimson, the deputy assistant secretary of defense for detainee affairs, was put forward to say, “I wouldn’t characterize it as a good PR move. What I would say is that we are always concerned when someone takes his own life, because as Americans, we value life, even the lives of violent terrorists who are captured waging war against our country.”

In an attempt to stifle further dissent, and to bolster their view that the three men were hardened terrorists, the Pentagon released details of the allegations against them, which served only to highlight almost everything that was wrong with the system at Guantánamo. Al-Zahrani, who survived the Qala-i-Janghi massacre in northern Afghanistan in November 2001, was accused of being “a front line fighter for the Taliban who facilitated weapons purchases for offensives against US and coalition forces,” even though this scenario was highly unlikely (to say the least) for a 17-year old who had only recently arrived in Afghanistan. Similarly deluded and/or heartless allegations were also levelled against the other two prisoners.

In the documents released by WikiLeaks in April 2011, the file relating to al-Zahrani was a “Recommendation for Continued Detention Under DoD Control (CD),” dated March 20, 2006, in which it was confirmed that he was born on September 22, 1984, and was therefore, just 17 when he was seized. It was also noted that he had “a history of rheumatoid arthritis,” and that he “went on three hunger strikes in the past, most recently in July 2005,” although it was not noted that he maintained this hunger strike until his death (or shortly before his death), and that, although he weighed 118 pounds on arrival at Guantánamo, his weight dropped to just 87 pounds in January 2006.

The Task Force also noted that he had “a history of dehydration due to hunger strike treated with intravenous fluids,” that he “had surgery to remove a cyst from his lower back while detained,” that he had “a history of recurrent Pilonidal cyst,” and that he “suffered a gunshot wound to his right calf prior to his detention.”

In telling his story, the Task Force noted that his father was a senior official in the Saudi Interior Ministry, and that, after completing the eleventh grade in June 2001, al-Zahrani stayed at home for two months until, after “hearing that sheikhs from neighboring towns were saying jihad in Afghanistan (AF) was a religious duty, [he] decided to travel to Afghanistan.” He reportedly “financed the trip himself with savings he had earned selling perfumes to hajj pilgrims,” and “intended on returning in approximately October/November 2001.”

On arrival in Karachi, Pakistan, after being met by a go-between, he was apparently taken to Kunduz, where he received weapons training in a place call the Talban Center, and “was then assigned a guard position at a second line post between Kunduz and Tallogan.” He and his group then retreated Kunduz which fell approximately nine days later, when “a deal was struck with General Dostum of the Northern Alliance allowing fighters to leave with their weapons and travel to Mazar-e-Sharif, AF, where they would surrender.” They were then taken to the Qala-i-Janghi prison,” where al-Zahrani was one of 86 survivors of the uprising and subsequent massacre. As was explained in his file:

The day after they arrived at the prison, detainee and others were taken to a square in the prison yard. Detainee heard gunfire and explosions coming from the prison and then a firefight ensued injuring detainee in the leg and foot. He fell to the ground and remained in the same position until nightfall, when other prisoners retrieved him and carried him back to the underground prison. They remained there for seven days before they were forced to surrender. Detainee was removed from the prison, taken to a prison/clinic in Sheberghan, AF.

After a month, he was transferred to US custody, and was initially screened on December 29, 2001. He was sent to Guantánamo on January 20, 2002, on the spurious basis that it was to “provide information on the following: Taliban training center in Kunduz [and] Taliban training center outside Kunduz used as a rear operating base.”

In assessing his story, it was noted that he had “provided a fairly consistent timeline that ha[d] been corroborated (for the most part) by other detainees,” and this was indeed the case, as he was identified by John Walker Lindh (the US citizen who was seized at Qala-i-Janghi, but was never held at Guantánamo), who said that he “was approximately 17 years old and was always joking and talking.” Lindh also said that he “was involved in food services,” along with Ghaleb al-Bihani (ISN 128, still held, who lost his habeas corpus petition for being a cook).

Al-Zahrani was also identified by Ali al-Tayeea (ISN 111, released January 2009), who was the source of unbelievable claims that he “trained at Al-Farouq, that he “purchased weapons for the Taliban,” and that he “was a money courier and a man with a suspicious nature.” Al-Tayeea was known as a notoriously unreliable witness in Guantánamo, and it was noticeable that an analyst had noted that his identification of al-Zahrani “as attending training at Al-Farouq [was] a contradiction to detainee’s story in which he indicate[d] he attended training outside Kunduz with seven others for one month,” and also noted that “[n]o other reporting identifies detainee as a money courier or weapons broker,” even though the latter claim was shamefully used by the Pentagon after al-Zahrani’s death.

It was also noted that, “When shown detainee’s picture, senior Al-Qaida detainees were unable to identify detainee,” and, as an analyst explained, “While not conclusive, this suggests that detainee lacked both experience and rank within the organization,” which was, of course, true as far as it went, although it stopped far short of recognizing that, in analyzing Al-Qaida, there was a big difference between the leadership interested in pursuing acts of international terrorism, and the much bigger military side of things, which was only concerned with supporting the Taliban in Afghanistan.

In conclusion, the Task Force assessed al-Zahrani as “a high threat from a detention perspective,” because his “overall behaviour ha[d] been non-compliant and hostile to the guard force and staff,” and amongst the behavior noted was a description of him as “a major participant in the voluntary total fast of 2005-2006.” He was also “assessed to be a jihadist who traveled to Afghanistan (AF) to fulfill what he perceived to be a religious duty,” and was described as being “of low intelligence value,” and as “a medium risk, as he may pose a threat to the US, its interests and allies.”

It was also noted that, “If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO).”

That, of course, never happened, as al-Zahrani died less than three months after this updated assessment was completed. However, the claim that the men committed suicide was doubted by the men’s fellow prisoners at the time, and also by other commentators, although it was not until December 2009 and January 2010 that serious doubts were expressed in a concerted and thoroughly researched manner.

In December 2009, the Seton Hall Law School in New Jersey published a 136-page report, “Death in Camp Delta” (PDF), which comprehensively undermined the conclusion of the official investigation by the Naval Criminal Investigative Service, and in January 2010, Harper’s Magazine published an extraordinary article by law professor Scott Horton (which I discussed here), revealing the story of Army Staff Sgt. Joe Hickman, and a number of other soldiers — the tower guards who “had the responsibility and ability to observe all activity in the camp, [but] were not interviewed” by the NCIS — who suggested that, earlier in the evening on which the men allegedly committed suicide, they had been taken from the cell block in which they were held to a secret facility outside the main perimeter fence of Guantánamo — known to the soldiers as “Camp No” — where they had either been deliberately killed, or had a died as the result of particularly brutal torture sessions. “They didn’t die in their cells,” Sgt. Hickman explained to me in March 2010.

Despite these claims, the Justice Department shut the door on a proposed inquiry in November 2009, and an attempt by family members (including al-Zahrani’s father) to pursue accountability in the US courts was turned down in September 2010, and is currently being appealed.

Also see Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine and Part Ten of this series.

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) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, 700,000-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in time for the 10th anniversary of the prison’s opening on January 11, 2012.

This is Part 12 of the 70-part series.

In late April, WikiLeaks released its latest treasure trove of classified US documents, a set of 765 Detainee Assessment Briefs (DABs) from the US prison at Guantánamo Bay, Cuba. Compiled between 2002 and January 2009 by the Joint Task Force that has primary responsibility for the detention and interrogation of the prisoners, these detailed military assessments therefore provided new information relating to the majority of the 779 prisoners held in the prison at Guantánamo Bay, Cuba throughout its long and inglorious history, including, for the first time, information about 84 of the first 201 prisoners released, which had never been made available before.

Superficially, the Detainee Assessment Briefs appear to contain allegations against numerous prisoners which purport to prove how dangerous they are or were, but in reality the majority of these statements were made by the prisoners’ fellow prisoners, in Kandahar or Bagram in Afghanistan prior to their arrival at Guantánamo, in Guantánamo itself, or in the CIA’s secret prisons, and in all three environments, torture and abuse were rife.

I ran through some of the dubious witnesses responsible for so many of the claims against the prisoners in the introduction to Part One of this new series, and, while this is of enormous importance in the cases of many of the men still held (and also in the cases of some of those released), it is not particularly relevant to the overwhelmingly insignificant prisoners released between 2002 and September 2004, whose detention was so pointless that the authorities didn’t even bother trying to build cases against them through the testimony of their fellow prisoners.

As a result, the stories of these prisoners are particularly important in demonstrating how many innocent men or insignificant foot soldiers for the Taliban, engaged in combat with the Northern Alliance before the 9/11 attacks, and unconnected with international terrorism, were held at Guantánamo (and specifically how this latter category included many unwilling Afghan recruits).

What is also worth bearing in mind (and which is not spelled out in these documents) is that many prisoners were pointlessly rounded up because the Bush administration ordered the military not to screen the prisoners on capture, leading to a dragnet of “Mickey Mouse” prisoners, as was noted by Maj. Gen, Michael Dunlavey, a commander of the prison in 2002, and also offered substantial bounty payments for al-Qaeda and Taliban suspects to the US military’s Afghan and Pakistani allies.

In a five-part series, “WikiLeaks and the Unknown Prisoners of Guantánamo,” I began analyzing, transcribing and condensing the stories revealed in the documents released by WikiLeaks, looking at 84 stories of prisoners released between 2002 and September 2004 that had never been told before. The work of extracting information from the files and presenting it in edited form, with commentary based on my extensive research and experience, is a project that will take up the rest of the year. The next step is this ten-part series revisiting the stories of the 114 other prisoners released between 2002 and September 2004. That was the point at which the Combatant Status Review Tribunals (CSRTs) began, a military review process that, in turn, led to the first official release of documents relating to the prisoners in 2006, providing the material that I analysed and transcribed for my book The Guantánamo Files.

While this ten-part project is underway, I also propose to begin examining closely the files relating to the 171 prisoners still held, supplementing the series of articles that I produced last fall, entitled, “Who Are the Remaining Prisoners in Guantánamo?” This is important not just because the remaining prisoners have largely been abandoned by the mainstream media, even though 89 of the 171 have been cleared for release, and only 36 were recommended for trials by President Obama’s interagency Guantánamo Review Task Force, but also because, in the US, attorneys for the prisoners have only just won the right to look at the files (and not to download, save or print them), and the media in general is unwilling to subject them to much scrutiny because of how they became public in the first place.

So with thanks to WikiLeaks — and whoever leaked these documents — the seventh part of my ten-part analysis of the 114 prisoners released between 2002 and September 2004 (in addition to the 84 stories covered in my previous series) is below. When lies and distortions are covered up on this scale, and an experimental prison built on torture and abuse remains open, even under a Democratic President who promised to close it, everyone who believes in justice should publicize what has been revealed, and, if you agree, I hope that you will share this information widely. Also see Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Eight, Part Nine and Part Ten of this series.

WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004 (Part Seven of Ten)

Abdul Rahman Noorani (ISN 582, Afghanistan) Released July 2003

In Chapter 15 of The Guantánamo Files, I discussed the most intense period of torture at Guantánamo (from the fall of 2002 until the summer of 2004), when over a hundred prisoners were subjected to an array of “enhanced interrogation techniques” including the use of prolonged isolation, extreme heat and cold, forced nudity, the use of extremely loud music and noise, and short-shackling in painful stress positions (often until prisoners soiled themselves). One apparently insignificant prisoner who was subjected to techniques that seemed, in general, to have been reserved for prisoners regarded as significant or uncooperative was Abdel Rahman Noorani, 29 years old at the time of his capture, who said on his release that he was “badly punished 107 times,” and added that “during his 20 months at Guantánamo, his captors had chained his hands and feet and had beaten him with a metal rod on his legs and back.”

In his Detainee Assessment Brief, dated January 18, 2003, which was a “Transfer Recommendation,” in which it was stated that he was born in 1973, it was noted that he lived in the Saranan refugee camp in Balochistan for 18 years (because of the Soviet occupation), and told his interrogators that he and his brother opened an Afghan restaurant in Quetta, Pakistan, in July 2001, where, in late January 2002, he was seized by the Pakistani authorities, “who demanded that he pay an exorbitant fine immediately or go to jail.” Noorani claimed that, because he did not have enough money, he was jailed, and later transferred to US control, and explained that he thought the reason was because, the day before, he had “argued with a customer, Mullah Basir, a Taliban official who refused to pay for his meal.” He was apparently “convinced that Pakistani Police arrested him as a direct result of this altercation.”

He was sent to Guantánamo, on or around June 25, 2002, allegedly “because of his knowledge of Afghans living in the Saranan Refugee Camp in Pakistan and of Mullah Basir, a Taliban and al-Qaeda leader from Kandahar, Afghanistan.”  However, as I explained in my article, “How to Read WikiLeaks’ Guantánamo Files” (originally published on WikiLeaks’ website when the Guantánamo files were first published, as part of my work liaising between WikiLeaks and its media partners):

[T]he “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression given in the files, no significant screening process took place before the prisoners’ transfer. As a senior interrogator who worked in Afghanistan explained in a book that he wrote about his experiences, every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

In its assessment, the Joint Task Force stated that it “consider[ed] the information obtained from and about him as not valuable or tactically exploitable,” and added, “Based on current information, detainee [582] is assessed as neither affiliated with al-Qaida nor as being a Taliban leader. Moreover … the detainee has no further intelligence value to the United States and will not be seen for further intelligence purposes. [He] has not expressed thoughts of violence nor made threats toward the US or its allies during interrogations or in the course of his detention. Based on the above, detainee does not pose a future threat to the US or US interests.” As a result, Maj. Gen. Geoffrey Miller, the commander of Guantánamo at the time, recommended that he be “considered for release or transfer to the control of another government.”

In a fact sheet issued by the Pentagon in June 2008, entitled, “Former GTMO Detainee Terrorism Trends,” a contradictory account of Noorani (described as Abdul Rahman Noor) was released by the Pentagon. In this document, he was described as one of 13 former prisoners accused of “Reengaging in Terrorism.” The fact sheet stated, “Noor was released in July of 2003, and has since participated in fighting against US forces near Kandahar. After his release, Noor was identified as the person in an October 7, 2001, video interview with al-Jazeerah [sic] TV network, wherein he [was] identified as the ‘deputy defense minister of the Taliban.’ In this interview, he described the defensive position of the mujahideen and claimed they had recently downed an airplane.”

It is not known if there is any credibility to the Pentagon’s claim that Abdul Rahman Noorani was actually Abdul Rahman Noor, the deputy defense minister of the Taliban, although it seems unlikely, if Noorani was indeed seized in Pakistan at his restaurant, and was not identified on capture as someone of significance.

Brahim Benchekroun (ISN 587, Morocco) Released July 2004

In Chapter 12 of The Guantánamo Files, I explained how Brahim Benchekroun, who was 22 years old at the time of his capture, said after his release that he was “rounded up by the Pakistani security forces at the end of 2001″ near Lahore, “at the time of the first round-ups of Arabs in the Koranic schools.” He was taken into custody with Ahmed Errachidi (ISN 590, released in March 2007), a Moroccan chef, who had been living in the UK for 18 years, and Karama Khamisan (ISN 586), a Yemeni soldier (transferred to Yemeni custody in August 2005), who went to Afghanistan as part of a drug smuggling ring, and was held as a human guarantor until the deal was completed. Errachidi was captured in Islamabad, where, he said, he had been working in a jewelry store after visiting Afghanistan to provide humanitarian aid to those affected by the US-led invasion, and Khamisan explained that, after the US-led invasion began, the drug dealers fled, leaving him near the border with Pakistan, where he was captured by Pakistani villagers.

Benchekroun described what happened to the three men once they were in Pakistani custody. “We were looking through the makeshift blindfolds that the Pakistanis had put on us,” he said, adding that Errachidi spoke English and was following the negotiations, when “people showed up with black suitcases and started bargaining with the Pakistanis over the price for handing us over.” When they agreed on a price of $5,000 a head, Benchekroun explained, they all applauded. He also said that Khamisan was singled out for unusual treatment: “The Pakistanis made him grow a beard and learn to pray. I taught him the basics about washing myself. We didn’t understand that it was so that they could sell him to the Americans, too.”

In Chapter 14, I related how Brahim Benchekroun described harassment at the US prison at Bagram airbase. “The soldiers came out of nowhere, sometimes several times in the same night, screaming bloody murder, throwing everything around on the pretext that there was a search, and rarely forgetting to throw the Koran on the ground, if they didn’t tear it up,” he said. He also said that, when the Red Cross visited, “The ones who were the most bashed up were hidden in a storage room over the interrogation chamber.”

In his Detainee Assessment Brief, dated December 13, 2003, which was a “Recommendation to Retain under DoD Control,” in which he was described as Ibrahim Bin Shakaran, born in August 1979, the Task Force provided a contradictory account, claiming that he traveled to Afghanistan in November 2000, after “hearing about the Afghan situation” in a mosque in Casablanca, and that he then undertook military training at the al-Farouq camp near Kandahar (associated with Osama bin Laden in the years before 9/11) from January to May 2001. According to this account, in October 2001 he “rotated to the front lines near Kabul, AF, where he manned an observation post.” After the bombing that followed the US-led invasion began, he reportedly left for Logar province in a truck containing Afghan Taliban and Arabs, and then crossed into Pakistan in Waziristan, “where he surrendered his weapon to a Taliban soldier,” and then traveled on to Bannu, in  the North West Frontier Province, where he sought refuge at an Islamic centre “with several others.” From there, he “traveled to Lahore, PK in a car with two Pakistanis, three Arabs and a Turkmenistani,” but they were involved in an accident, after which the Pakistani police “arrested everyone except the two Pakistanis.” It is not known how truthful (if at all) this account is.

Benchekroun was sent to Guantánamo, on May 2, 2002, on the spurious basis that it was “because of his knowledge of the Libyan training camp near Kabul, AF, a travel facilitator named Abu Mussab [in Casablanca], and of an Arab safehouse/guesthouse located in the Kartiyah Barwan [probably Karte Parwan] region of Kabul, AF.”

In its assessment, the Task Force concluded that he had been “deceptive, and uncooperative during interrogations.” and had been “identified as a high-ranking member of the Theological Commission of the Moroccan Islamic Fighting Group,” with “sensitive reporting” suggesting a connection with ISN 270 (Mosa Zi Zemmori, a Belgian citizen released in April 2005), who, it was claimed, was also a member of the MIFG. This latter claim seems particularly untrustworthy, as Zemmori (aka Moussa Zemmouri) was freed on his release in 2005, and was allowed to travel to the UK in 2009 to take part in a Cageprisoners event.

Unable to come up with anything else resembling evidence, however dubious, the Task Force then noted that Benchekroun had made verbal threats against the US, which always strikes me as a particularly weak argument for establishing proof of militancy, as anyone held in the horrendously experimental conditions at Guantánamo might be expected, at some point, to have lashed out verbally against his captors. Nevertheless, the Task Force concluded that he was “of intelligence value to the United States,” and that he posed “a high risk as he [was] likely to pose a threat to the US, its interests or its allies,” and, as a result, Maj. Gen. Miller recommended that he be “[r]etain[ed] under DOD control.”

After his release from Guantánamo, just eight months later, Benchekroun was freed on bail in Morocco in March 2005, but both he and another Moroccan ex-prisoner, Mohammed Mazouz (see Part Four), were rearrested in November 2005 and accused of planning to join a new terrorist cell. According to a Department of Defense fact sheet, entitled, “Former GTMO Detainee Terrorism Trends,” which was published in June 2008, the two men were convicted in September 2007 “for their post-release involvement in a terrorist network recruiting Moroccans to fight for Abu-Musab al-Zarqawi’s al-Qaida in Iraq (AQI).” According to testimony presented at the trial, whose reliability is unknown, Benchekroun (described as Ibrahim Bin Shakaran) “had already recruited other jihadists when Moroccan authorities broke up the plot in November 2005,” and he received a 10-year sentence, whereas Mazouz was sentenced to just two years.

Bakhtiar Bameri (ISN 623, Iran) Released March 2004

Briefly mentioned in a footnote in Chapter 14 of The Guantánamo Files, based on a short Cageprisoners report, Bameri had reportedly “traveled to Afghanistan to buy stereo parts,” although the US military claimed that he was “captured in Afghanistan during fighting with the Taliban in 2002.” It was also noted that, on his return to Iran, he “was accompanied by a doctor and a representative of the Red Cross,” as “he was said to be in poor health.”

In the files leaked to WikiLeaks and released in April, Bameri’s file, dated January 31, 2004, was an “Annual Enemy Combatant Review.” This type of document was evidently used to assess the status of all the prisoners as “enemy combatants,” although it is not one that I had seen before its a