Guantánamo Habeas Results: The Definitive List

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LATEST TALLY: PRISONERS 38, GOVERNMENT 25 (BUT, ON APPEAL, PRISONERS 32, GOVERNMENT 28, PLUS 3 VACATED).

This definitive list of all the court rulings relating to habeas corpus petitions submitted by the prisoners at Guantánamo, as delivered by judges in the District Court in Washington D.C. (and as mandated by the Supreme Court in June 2008) follows on from my ongoing coverage of the habeas petitions and my 2010 project, “Guantánamo Habeas Week,” in which I presented a list of the 47 habeas corpus rulings made at that point, with links to the articles I had written over the previous 19 months analyzing the judges’ rulings, and also wrote six new articles examining, in depth, seven recent unclassified opinions issued by the judges.

This page (which replaces the previous list) will be updated as new rulings are delivered, and is intended to provide a useful resource for those wishing to know more about what I regard as the single most important collection of documents analyzing the failures of the Bush administration’s “War on Terror” detention policies — and Obama’s refusal, or inability to thoroughly repudiate them — which, rather shamefully, has not been covered by the mainstream media with anything like the dedication that it deserves.

As I explained in the introduction to this series, I was impressed that — until the D.C. Circuit Court shamefully rewrote the rules regarding detention, beginning in 2010 (see below) — the judges involved had ruled in the prisoners’ favor in the majority of the cases, particularly because they had discovered the alarming flimsiness of most of the material presented by the government as evidence — primarily, confessions extracted through the torture or coercion of the prisoners themselves, or through the torture, coercion or bribery of other prisoners, either in Guantánamo, the CIA’s secret prisons, or proxy prisons run on behalf of the CIA in other countries.

However, as I also explained, I remained deeply troubled about the justification for continuing to hold the majority of the prisoners who lost their habeas petitions, because the basis for doing so — the Authorization for Use of Military Force, passed by Congress in the wake of the 9/11 attacks and maintained as a justification by President Obama — was, and is a deeply flawed document, which fails to distinguish between a small group of genuine terrorists (al-Qaeda) and a considerably larger group of men (and boys) associated with the Taliban. The result is that men continue to be consigned to indefinite detention, on an apparently sound legal basis, even though they were only peripherally involved with the military conflict in Afghanistan to secure the fall of the Taliban, and should, all along, have been held (if at all) as prisoners of war, and protected by the Geneva Conventions.

Please note that, although 28 of the prisoners who won their habeas petitions have been released, ten are still held, including two, Mohamedou Ould Slahi and Saeed Hatim, who had their successful petitions vacated on appeal, and sent back to the District Court to reconsider. In addition, four other prisoners, Mohammed al-Adahi, Uthman Abdul Rahim Mohammed Uthman, Hussein Almerfedi and Adnan Farhan Abdul Latif, had their successful petitions overturned on appeal, and another, Belkacem Bensayah, who lost his habeas petition, won on appeal, and his case is supposed to be reconsidered by the District Court.

With the exception of the Uighurs, the government has appealed (or appears intent on appealing) the majority of the rulings (and, in the cases of the Uighurs, appealed to prevent their release in to the United States). In the cases of prisoners who lost their habeas petitions, a number of appeals have also been filed by the prisoners’ attorneys, although, given the scandalous bias of the D.C. Circuit Court, every appeal by a prisoner is almost certainly doomed to fail, and what is needed is for the Supreme Court to act to restore any meaning to the concept of habeas corpus for the Guantánamo prisoners.

Links to the often alarming outcomes of a number of these appeals (in which the Circuit Court has been intent on naked, ideological confrontation with the District Court, disregarding their opinions and defending a position on national security that would have delighted former Vice President Dick Cheney) are published below, and at the time of my latest update to this article in November 2011, had contributed significantly to a situation in which it is now appropriate to consider that a handful of right-wing judges are now dictating the government’s detention policies and have gutted habeas corpus of all meaning and remedy.

For confirmation of this deeply depressing development, consider that the last eleven habeas corpus petitions have all been won by the government (as have six appeals), and, crucially, please see my articles, Habeas Hell: How the Great Writ Was Gutted at GuantánamoMocking the Law, Judges Rule that Evidence Is Not Necessary to Hold Insignificant Guantánamo Prisoners for the Rest of Their LivesHow the Supreme Court Gave Up on GuantánamoMore Judicial Interference on GuantánamoJudges Keep Guantánamo Open ForeverGuantánamo and the Death of Habeas CorpusUS Injustice Laid Bare, As Afghan in Guantánamo Loses His Habeas Appeal and As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?. Also see the Center for Constitutional Rights’ Habeas Scorecard for further information on the status of the various appeals.

The 63 Guantánamo Habeas Corpus Results

October 2008

The four Uighurs released in Bermuda, June 20091 WON: Abdul Helil Mamut (aka Abdul Khalil Manut, Abdul Nasser, Abdulnassir) (Uighur, ISN 278)
Released in Bermuda, June 2009.
2 WON: Abdullah Abdulquadirakhun (aka Abdulla Abdulqadir, Jalal Jalaladin) (Uighur, ISN 285)
Released in Bermuda, June 2009.
3 WON: Emam Abdulahat (aka Salahidin Abdulahad, Abdul Semet) (Uighur, ISN 295)
Released in Bermuda, June 2009.
4 WON: Huzaifa Parhat (aka Hozaifa Parhat, Ablikim Turahun) (Uighur, ISN 320)
Released in Bermuda, June 2009.
5 WON: Nag Mohammed (aka Edham Mamet) (Uighur, ISN 102)
Released in Palau, October 2009.
6 WON: Ahmad Tourson (Uighur, ISN 201)
Released in Palau, October 2009.
7 WON: Anwar Hassan (aka Hassan Anvar) (Uighur, ISN 250)
Released in Palau, October 2009.
8 WON: Abdulghappar Abdul Rahman (Uighur, ISN 281)
Released in Palau, October 2009.
9 WON: Dawut Abdurehim (Uighur, ISN 289)
Released in Palau, October 2009.
10 WON: Adel Noori (Uighur, ISN 584)
Released in Palau, October 2009.
11 WON: Arkin Mahmud (Uighur, ISN 103)
Released in Switzerland, March 2010.
12 WON: Bahtiyar Mahnut (Uighur, ISN 277)
Released in Switzerland, March 2010.
13 WON: Abdul Razak Qadir (Uighur, ISN 219)
Released in El Salvador, April 2012.
14 WON: Ahmed Mohamed (Uighur, ISN 328)
Released in El Salvador, April 2012.
15 WON: Yusef Abbas (Uighur, ISN 275)
Still held.
16 WON: Saidullah Khalik (Uighur, ISN 280)
Still held.
17 WON: Hajiakbar Abdulghupur (Uighur, ISN 282)
Still held.

For my analysis of the ruling, see: From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs.
For Judge Ricardo Urbina’s unclassified opinion, see here. And see here for a transcript of the hearing.
For the releases in Bermuda, see: Who Are The Four Guantánamo Uighurs Sent To Bermuda?
For the releases in Palau, see: Who Are The Six Uighurs Released From Guantánamo To Palau?
For the releases in Switzerland, see: More Dark Truths from Guantánamo, as Five Innocent Men Released.
For the releases in El Salvador, see: Guantánamo: Who Are The Two Uighurs Freed in El Salvador, and Why Are 87 Men Cleared for Release Still Held?
For the Supreme Court’s refusal to consider the case of the last five Uighurs held, see: Guantánamo Uighurs Back in Legal Limbo.
For the D.C. Circuit Court’s refusal to reconsider their case, see: No Escape from Guantánamo: Uighurs Lose Again in US Court.
For the Supreme Court’s refusal to reconsider their case, see: How the Supreme Court Gave Up on Guantánamo. Also see The Abandonment of Guantánamo’s Uighurs and Attorney Sabin Willett’s Powerful Requiem for Habeas Corpus in the US.

November 2008

Lakhdar Boumediene, photographed after his release18 WON: Mohammed Nechle (Bosnian Algerian, ISN 10003)
Released in Bosnia, December 2008.
19 WON: Mustafa Ait Idr (Bosnian Algerian, ISN 10004)
Released in Bosnia, December 2008.
20 WON: Boudella al-Haj (Bosnian Algerian, ISN 10006)
Released in Bosnia, December 2008.
21 WON: Lakhdar Boumediene (Bosnian Algerian, ISN 10005)
Released in France, May 2009.
22 WON: Sabir Lahmar (Bosnian Algerian, ISN 10002)
Released in France, November 2009.
1 LOST: Belkacem Bensayah (Bosnian Algerian, ISN 10001)
Bensayah appealed, and won his appeal in June 2010.
Still held.

For my analysis of the ruling, see: After 7 Years, Judge Orders Release of Guantánamo Kidnap Victims.
For Judge Leon’s unclassified opinion, see here.
For the releases in Bosnia, see: Freed Bosnian Calls Guantánamo the “worst place in the world”.
For the release of Boumediene in France, see: Pain At Guantánamo And Paralysis In Government.
For the release of Lahmar in France, see: Four Men Leave Guantánamo; Two Face Ill-Defined Trials In Italy.
For the launch of Bensayah’s appeal, see: First Guantánamo Prisoner To Lose Habeas Hearing Appeals Ruling.
For the outcome of Bensayah’s successful appeal, see: Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part Two).
For the Circuit Court’s unclassified opinion, see here.

December 2008

2 LOST: Hisham Sliti (Tunisia, ISN 174)
Still held.
For my analysis of the ruling, see: No End in Sight for the “Enemy Combatants” of Guantánamo.
For Judge Richard Leon’s unclassified opinion, see here.

January 2009

3 LOST: Muaz al-Alawi (aka Moath al-Alwi) (Yemen, ISN 28)
Still held.
Al-Alawi appealed, and lost his appeal in July 2011.
For my analysis of the ruling, see: No End in Sight for the “Enemy Combatants” of Guantánamo.
For Judge Richard Leon’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see Guantánamo and the Death of Habeas Corpus.

Mohammed El-Gharani23 WON: Mohammed El-Gharani (Chad, ISN 269)
Released June 2009.
For my analysis of the ruling, see: Judge Orders Release of Guantánamo’s Forgotten Child.
For Judge Richard Leon’s unclassified opinion, see here.
For El-Gharani’s release, see: Guantánamo’s Youngest Prisoner Released To Chad.

4 LOST: Ghaleb al-Bihani (Yemen, ISN 128)
Still held.
Al-Bihani appealed, and lost his appeal in January 2010. He then asked for his appeal to be heard en banc (by nine judges instead of the three-judge panel in January), but lost that appeal in August 2010. He then appealed to the Supreme Court, but that appeal was denied on April 4, 2011.
For my analysis of the ruling, see: How Cooking For The Taliban Gets You Life In Guantánamo.
For Judge Richard Leon’s unclassified opinion, see here.
For my analysis of the verdict in the appeal in January 2010, see: Appeals Court Extends President’s Wartime Powers, Limits Guantánamo Prisoners’ Rights, and also see Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part One), which includes an analysis of the government’s brief in May 2010 opposing en banc review of the Circuit Court’s ruling.
For the Circuit Court’s unclassified opinion, see here.
For the government’s brief opposing en banc review, see here.
For my analysis of the verdict in the en banc appeal in August 2010, see: Nine Years After 9/11, US Court Concedes that International Laws of War Restrict President’s Wartime Powers.

March 2009

24 WON: Yasim Basardah (aka Yasin Basardh) (Yemen, ISN 252)
Released.
For my analysis of the ruling, see: Guantánamo And The Courts (Part Two): Obama’s Shame.
For Judge Ellen Huvelle’s unclassified opinion, see here.

April 2009

5 LOST: Hedi Hammamy (aka Abdulhadi bin Haddidi) (Tunisia, ISN 717)
Released.
For my analysis of the ruling, see: Farce at Guantánamo, as cleared prisoner’s habeas petition is denied.
For Judge Richard Leon’s unclassified opinion, see here.

May 2009

25 WON: Alla Ali Bin Ali Ahmed (Yemen, ISN 692)
Released September 2009.
For my analysis of the ruling, see: Judge Condemns “Mosaic” Of Guantánamo Intelligence, And Unreliable Witnesses.
Also see: Guantánamo: A Prison Built On Lies.
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.
For Ali Ahmed’s release, see: Three Prisoners Released From Guantánamo: Two To Ireland, One To Yemen.

June 2009

Abdul Rahim al-Ginco26 WON: Abdul Rahim al-Ginco (aka Abdul Rahim Janko) (Syria, ISN 489)
Released.
For my analysis of the ruling, see: Why Did It Take So Long To Order The Release From Guantánamo Of An Al-Qaeda Torture Victim?
Also see: Andy Worthington Discusses Guantánamo on Democracy Now!
For Judge Richard Leon’s unclassified opinion, see here.

July 2009

27 WON: Khalid al-Mutairi (Kuwait, ISN 213)
Released October 2009.
For my analysis of the ruling, see: Judge Orders Release From Guantánamo Of Kuwaiti Charity Worker.
Also see: Guantánamo And The Courts (Part Three): Obama’s Continuing Shame.
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.
For al-Mutairi’s release, see: Two More Guantánamo Prisoners Released: To Kuwait And Belgium.

Mohamed Jawad, photographed after his release28 WON: Mohamed Jawad (Afghanistan, ISN 900)
Released August 2009.
For my analysis of the ruling, see: As Judge Orders Release Of Tortured Guantánamo Prisoner, Government Refuses To Concede Defeat.
Also see: How Judge Huvelle Humiliated The Government In Guantánamo Case.
For Judge Ellen Huvelle’s unclassified opinion, see here. And see here for a transcript of the hearing.
For Jawad’s release, see: Reflections On Mohamed Jawad’s Release From Guantánamo.

August 2009

6 LOST: Adham Ali Awad (Yemen, ISN 88)
Still held.
Ali Awad appealed, and lost his appeal in June 2010. He then appealed to the Supreme Court, but that appeal was denied on April 4, 2011.
For my analysis of the ruling, see: No Escape From Guantánamo: The Latest Habeas Rulings.
For Judge James Robertson’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see: Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part One).
For the Circuit Court’s unclassified opinion, see here.

29 WON: Mohammed al-Adahi (Yemen, ISN 33)
Still held.
The government appealed, and won the appeal in July 2010. Al-Adahi then appealed to the Supreme Court, but that appeal was rejected on January 18, 2011.
For my analysis of the ruling, see: No Escape From Guantánamo: The Latest Habeas Rulings.
For Judge Colleen Kollar-Kotelly’’s unclassified opinion, see here.
For my analysis of the government’s subsequent appeal, and Judge Kollar-Kotelly’s response to it, see: What Does It Take To Get Out Of Obama’s Guantánamo?
For my analysis of the verdict in the appeal, see: Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part Two).
For the Circuit Court’s unclassified opinion, see here.

Fawzi al-Odah7 LOST: Fawzi al-Odah (Kuwait, ISN 232)
Still held.
Al-Odah appealed, and lost his appeal in June 2010. In September 2010, he appealed to the Supreme Court. That appeal was rejected on April 4, 2011.
For my analysis of the ruling, see: No Escape From Guantánamo: The Latest Habeas Rulings.
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see: Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part Two).
For the Circuit Court’s unclassified opinion, see here.
For an article about al-Odah’s appeal to the Supreme Court, see First Guantánamo Habeas Appeal to US Supreme Court.

September 2009

8 LOST: Sufyian Barhoumi (Algeria, ISN 694)
Still held.
Barhoumi appealed, and lost his appeal in June 2010.
For information about Barhoumi, see: Guantánamo trials: critical judge sacked, British torture victim charged.
For the 2-page ruling by Judge Rosemary Collyer, see here. The unclassified opinion has not been released, but see here for a transcript of the hearing.
For a brief analysis of the verdict in the appeal, see: Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part One). For a more detailed analysis, see: In Abu Zubaydah’s Case, Court Relies on Propaganda and Lies.
For the Circuit Court’s unclassified opinion, see here.

Fouad al-Rabiah30 WON: Fouad al-Rabiah (Kuwait, ISN 551)
Released December 2009.
For my analysis of the ruling, see: A Truly Shocking Guantánamo Story: Judge Confirms That An Innocent Man Was Tortured To Make False Confessions.
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.
For al-Rabiah’s release, see: Innocent Guantánamo Torture Victim Fouad al-Rabiah Is Released In Kuwait.

November 2009

31 WON: Farhi Saeed bin Mohammed (Algeria, ISN 311)
Released January 2011.
Bin Mohammed appealed to prevent his forcible repatriation to Algeria, and lost in July 2010, first in the D.C. Circuit Court, and then in the Supreme Court.
For my analysis of the ruling, see: Judge Orders Release Of Algerian From Guantánamo (But He’s Not Going Anywhere).
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.
For an analysis of the significance of Judge Kollar-Kotelly’s ruling with reference to statements made by torture victim Binyam Mohamed, see: Binyam Mohamed: Evidence of Torture by US Agents Revealed in UK.
For a more detailed article, based on an analysis of Judge Kessler’s unclassified opinion, see: How Binyam Mohamed’s Torture Was Revealed in a US Court.
For an analysis of how bin Mohammed lost his appeals to prevent his enforced repatriation, see: Obama and US Courts Repatriate Algerian from Guantánamo Against His Will; May Be Complicit in Torture.
For bin Mohammed’s contentious release, see Guantánamo Forever?

December 2009

9 LOST: Musa’ab al-Madhwani (Yemen, ISN 839)
Still held.
Al-Madhwani appealed, and lost his appeal in May 2011.
For my analysis of the ruling, see: “Model Prisoner” at Guantánamo, Tortured in the “Dark Prison,” Loses Habeas Corpus Petition.
For Judge Thomas Hogan’s unclassified opinion, see here. And see here for a transcript of the hearing.
For my analysis of the verdict in the appeal, see Judges Keep Guantánamo Open Forever.

32 WON: Saeed Hatim (Yemen, ISN 255)
Still held.
The government appealed, and Hatim’s successful petition was vacated and sent back to the lower court in February 2011.
For my analysis of the ruling, see: Judge Orders Release From Guantánamo Of Unwilling Yemeni Recruit.
For Judge Ricardo Urbina’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Urbina’s unclassified opinion, see: Why Judges Can’t Free Torture Victims from Guantánamo.
For my analysis of the appeal and its outcome, see Habeas Hell: How the Great Writ Was Gutted at Guantánamo.

February 2010

10 LOST: Suleiman al-Nahdi (Yemen, ISN 511)
Still held.
For my analysis of the ruling, see: The Black Hole of Guantánamo.
For Judge Gladys Kessler’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Kessler’s unclassified opinion, see: Guantánamo and Habeas Corpus: Consigning Soldiers to Oblivion.

11 LOST: Fahmi al-Assani (Yemen, ISN 554)
Still held.
For my analysis of the ruling, see: The Black Hole of Guantánamo.
For Judge Gladys Kessler’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Kessler’s unclassified opinion, see: Guantánamo and Habeas Corpus: Consigning Soldiers to Oblivion.

33 WON: Uthman Abdul Rahim Mohammed Uthman (Yemen, ISN 27)
Still held.
The government appealed, and won the appeal in March 2011.
For my analysis of the ruling, see: The Black Hole of Guantánamo.
For Judge Henry H. Kennedy Jr.’s unclassified opinion (March 2010), see here.
For Judge Henry H. Kennedy Jr.’s revised unclassified opinion (April 2010), see here.
For a more detailed article, based on an analysis of Judge Kennedy’s unclassified opinion, see: Judge Rules Yemeni’s Detention at Guantánamo Based Solely on Torture.
For my analysis of the verdict in the appeal, see: Mocking the Law, Judges Rule that Evidence Is Not Necessary to Hold Insignificant Guantánamo Prisoners for the Rest of Their Lives.

March 2010

Mohamedou Ould Slahi34 WON: Mohamedou Ould Slahi (aka Salahi) (Mauritania, ISN 760)
Still held.
The government appealed, and Slahi’s successful petition was vacated and sent back to the lower court in November 2010.
For my analysis of the ruling, see: Guantánamo and Habeas Corpus: The Torture Victim and the Taliban Recruit.
For Judge James Robertson’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Robertson’s unclassified opinion, see: Mohamedou Ould Salahi: How a Judge Demolished the US Government’s Al-Qaeda Claims.
For my analysis of the appeal and its outcome, see Heads You Lose, Tails You Lose: The Betrayal of Mohamedou Ould Slahi and Court Orders Rethink on Tortured Guantánamo Prisoner’s Successful Habeas Petition.

12 LOST: Mukhtar al-Warafi (Yemen, ISN 117)
Still held.
For my analysis of the ruling, see: Guantánamo and Habeas Corpus: The Torture Victim and the Taliban Recruit.
For Judge Royce C. Lamberth’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Lamberth’s unclassified opinion, see: With Regrets, Judge Allows Indefinite Detention at Guantánamo of a Medic.

April 2010

13 LOST: Yasin Qasem Muhammad Ismail (aka Yasein Esmael) (Yemen, ISN 522)
Still held.
Ismail appealed, and lost his appeal in April 2011.
For my analysis of the ruling, see: An Insignificant Yemeni at Guantánamo Loses His Habeas Petition.
For Judge Henry H. Kennedy Jr.’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see More Judicial Interference on Guantánamo.

14 LOST: Omar Mohammed Khalifh (Libya, ISN 695)
Still held.
For my analysis of the ruling, see: Judge Denies Habeas Petition of an Ill and Abused Libyan in Guantánamo.
For Judge James Robertson’s unclassified opinion, see here.

May 2010

35 WON: Ravil Mingazov (Russia, ISN 702)
Still held.
For my analysis of the ruling, see: Judge Orders Release from Guantánamo of Russian Caught in Abu Zubaydah’s Web.
For Judge Henry H. Kennedy Jr.’s unclassified opinion, see here.

36 WON: Mohammed Hassen (aka Mohammed Hassan Odaini) (Yemen, ISN 681)
Released July 2010.
For my analysis of the ruling, see: Why is a Yemeni Student in Guantánamo, Cleared on Three Occasions, Still Imprisoned?
For Judge Henry H. Kennedy’s unclassified opinion, see here.
For a more detailed article, based on an analysis of Judge Kennedy’s unclassified opinion, see: Obama Thinks About Releasing Innocent Yemenis from Guantánamo.
For Odaini’s release, see: Innocent Student Finally Released from Guantánamo.

July 2010

37 WON: Hussein Almerfedi (Yemen, ISN 1015)
Still held.
The government appealed, and won the appeal in June 2011.
For my analysis of the ruling, see: Judge Orders Release from Guantánamo of Yemeni Seized in Iran, Held in Secret CIA Prisons.
For Judge Paul Friedman’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see Judges Keep Guantánamo Open Forever.

38 WON: Adnan Farhan Abdul Latif (Yemen, ISN 156)
Still held.
The government appealed, and won the appeal in October 2011.
For my analysis of the ruling, see: Judge Orders Release from Guantánamo of Mentally Ill Yemeni; 2nd Judge Approves Detention of Minor Taliban Recruit.
For Judge Henry H. Kennedy Jr.’s unclassified opinion, see here.
For my analysis of the verdict in the appeal, see As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?
Also see his letters: Guantánamo Is “A Piece of Hell That Kills Everything”: A Bleak New Year Message from Yemeni Prisoner Adnan Farhan Abdul Latif, A Cry for Help from Guantánamo: Adnan Latif Asks, “Who Is Going to Rescue Me From the Injustice and the Torture I Am Enduring?” and Another Desperate Letter from Guantánamo by Adnan Latif: “With All My Pains, I Say Goodbye to You”.

15 LOST: Abdul Rahman Sulayman (Yemen, ISN 223)
Still held.
For my analysis of the ruling, see: Judge Orders Release from Guantánamo of Mentally Ill Yemeni; 2nd Judge Approves Detention of Minor Taliban Recruit.
For Judge Reggie B. Walton’s unclassified opinion, see here.

September 2010

16 LOST: Shawali Khan (Afghan, ISN 899)
Still held.
Khan appealed, and lost his appeal in September 2011.
For my analysis of the ruling, see Judge Denies Habeas Petition of Afghan Shopkeeper at Guantánamo.
For Judge John D. Bates’ unclassified opinion, see here.
For my analysis of the verdict in the appeal, see US Injustice Laid Bare, As Afghan in Guantánamo Loses His Habeas Appeal.

17 LOST: Fayiz al-Kandari (Kuwait, ISN 552)
Still held.
For my analysis of the ruling, see Fayiz Al-Kandari, A Kuwaiti Aid Worker in Guantánamo, Loses His Habeas Petition.
Also see Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari.
For Judge Colleen Kollar-Kotelly’s unclassified opinion, see here.

October 2010

18 LOST: Tawfiq al-Bihani (Yemen, ISN 893)
Still held.
For my analysis of the ruling, based on Judge Reggie B. Walton’s unclassified opinion, see Judge Denies Guantánamo Prisoner’s Habeas Petition, Ignores Torture in Secret CIA Prisons.
For Judge Walton’s unclassified opinion, see here.

19 LOST: Obaidullah (Afghanistan, ISN 762)
Still held.
For a brief analysis of Judge Richard Leon’s unclassified opinion, see Who Are the Remaining Prisoners in Guantánamo? Part Eight: Captured in Afghanistan (2002-07).

January 2011

20 LOST: Abdul Razak Ali (aka Saeed Bakhouche) (Algeria, ISN 685)
Still held.
For my analysis of the ruling, based on Judge Richard Leon’s unclassified opinion, see Algerian in Guantánamo Loses Habeas Petition for Being in a Guest House with Abu Zubaydah.

February 2011

21 LOST: Mashur al-Sabri (aka Mashour Alsabri) (Yemen, ISN 324)
Still held.
Al-Sabri appealed, and lost his appeal in April 2012.
For my analysis of the ruling, see Habeas Hell: How the Great Writ Was Gutted at Guantánamo.
For Judge Ricardo Urbina’s unclassified opinion, see here.

June 2011

22 LOST: Khairullah Khairkhwa (Afghanistan, ISN 579)
Still held.
For my analysis of the ruling, see Guantánamo and the Death of Habeas Corpus.
For Judge Ricardo Urbina’s ruling, see here.

August 2011

23 LOST: Fadel Hentif (aka Fadil Hintif) (Yemen, ISN 259)
Still held.
For my analysis of the ruling, see As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?
For Judge Henry H. Kennedy Jr.’s ruling, see here.

October 2011

24 LOST: Abdul Qader Ahmed Hussein (aka Ahmed Abdul Qader) (Yemen, ISN 690)
Still held.
For my analysis of the ruling, see As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?
For Judge Reggie B. Walton’s ruling, see here.

25 LOST: Karim Bostan (aka Bostan Karim) (Afghanistan, ISN 975)
Still held.
For my analysis of the ruling, see As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?
For Judge Reggie B. Walton’s ruling, see here.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK). To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook and Twitter). Also see my definitive Guantánamo prisoner list, updated in January 2010, details about the new documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and currently on tour in the UK), and, if you appreciate my work, feel free to make a donation.

For a sequence of articles dealing with the Guantánamo habeas cases, see: Guantánamo and the Supreme Court: the most important habeas corpus case in modern history and Guantánamo and the Supreme Court: What Happened? (both December 2007), The Supreme Court’s Guantánamo ruling: what does it mean? (June 2008), Guantánamo as Alice in Wonderland (Uighurs’ first court victory, June 2008), What’s Happening with the Guantánamo cases? (July 2008), Government Says Six Years Is Not Long Enough To Prepare Evidence (September 2008), From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs (October 2008), Guantánamo Uyghurs’ resettlement prospects skewered by Justice Department lies (October 2008), Guilt By Torture: Binyam Mohamed’s Transatlantic Quest for Justice (November 2008), After 7 Years, Judge Orders Release of Guantánamo Kidnap Victims (November 2008), Is Robert Gates Guilty of Perjury in Guantánamo Torture Case? (December 2008), A New Year Message to Barack Obama: Free the Guantánamo Uighurs (January 2009), The Top Ten Judges of 2008 (January 2009), No End in Sight for the “Enemy Combatants” of Guantánamo (January 2009), Judge Orders Release of Guantánamo’s Forgotten Child (January 2009), How Cooking For The Taliban Gets You Life In Guantánamo (January 2009), Lies, Damned Lies and Statistics (February 2009), Bad News And Good News For The Guantánamo Uighurs (February 2009), The Nobodies Formerly Known As Enemy Combatants (March 2009), Farce at Guantánamo, as cleared prisoner’s habeas petition is denied (April 2009), Obama’s First 100 Days: A Start On Guantánamo, But Not Enough (May 2009), Judge Condemns “Mosaic” Of Guantánamo Intelligence, And Unreliable Witnesses (May 2009), Pain At Guantánamo And Paralysis In Government (May 2009), Guantánamo: A Prison Built On Lies (May 2009), Free The Guantánamo Uighurs! (May 2009), Guantánamo And The Courts (Part One): Exposing The Bush Administration’s Lies (July 2009), Obama’s Failure To Deliver Justice To The Last Tajik In Guantánamo (July 2009), Obama And The Deadline For Closing Guantánamo: It’s Worse Than You Think (July 2009), How Judge Huvelle Humiliated The Government In Guantánamo Case (Mohamed Jawad, July 2009), As Judge Orders Release Of Tortured Guantánamo Prisoner, Government Refuses To Concede Defeat (Mohamed Jawad, July 2009), Guantánamo As Hotel California: You Can Check Out Any Time You Like, But You Can Never Leave (August 2009), Judge Orders Release From Guantánamo Of Kuwaiti Charity Worker (August 2009), Guantánamo And The Courts (Part Two): Obama’s Shame (August 2009), Guantánamo And The Courts (Part Three): Obama’s Continuing Shame (August 2009), No Escape From Guantánamo: The Latest Habeas Rulings (September 2009), First Guantánamo Prisoner To Lose Habeas Hearing Appeals Ruling (September 2009), A Truly Shocking Guantánamo Story: Judge Confirms That An Innocent Man Was Tortured To Make False Confessions (September 2009), 75 Guantánamo Prisoners Cleared For Release; 31 Could Leave Today (September 2009), Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari (October 2009), Justice Department Pointlessly Gags Guantánamo Lawyer (November 2009), Judge Orders Release Of Algerian From Guantánamo (But He’s Not Going Anywhere) (November 2009), Innocent Guantánamo Torture Victim Fouad al-Rabiah Is Released In Kuwait (December 2009), What Does It Take To Get Out Of Obama’s Guantánamo? (December 2009), “Model Prisoner” at Guantánamo, Tortured in the “Dark Prison,” Loses Habeas Corpus Petition (December 2009), Judge Orders Release From Guantánamo Of Unwilling Yemeni Recruit (December 2009), Serious Problems With Obama’s Plan To Move Guantánamo To Illinois (December 2009), Appeals Court Extends President’s Wartime Powers, Limits Guantánamo Prisoners’ Rights (January 2010), Fear and Paranoia as Guantánamo Marks its Eighth Anniversary (January 2010), Rubbing Salt in Guantánamo’s Wounds: Task Force Announces Indefinite Detention (January 2010), The Black Hole of Guantánamo (March 2010), Guantánamo Uighurs Back in Legal Limbo (March 2010), Guantánamo and Habeas Corpus: The Torture Victim and the Taliban Recruit (April 2010).

Also see: Justice extends to Bagram, Guantánamo’s Dark Mirror (April 2009), Judge Rules That Afghan “Rendered” To Bagram In 2002 Has No Rights (July 2009), Bagram Isn’t The New Guantánamo, It’s The Old Guantánamo (August 2009), Obama Brings Guantánamo And Rendition To Bagram (And Not The Geneva Conventions) and Is Bagram Obama’s New Secret Prison? (both September 2009), Dark Revelations in the Bagram Prisoner List (January 2010), Bagram: Graveyard of the Geneva Conventions (February 2010).

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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The Battle of the Beanfield

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Stonehenge: Celebration & Subversion

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Outside the Law: Stories from Guantánamo

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