Guantánamo Habeas Results: The Definitive List

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LATEST TALLY: PRISONERS 38, GOVERNMENT 15.

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 recent 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 remain impressed that the judges involved have ruled in the prisoners’ favor in the majority of the cases, particularly because they have revealed 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 remain 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 26 of the prisoners who won their habeas petitions have been released, 12 are still held. 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, has 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. Links to the often alarming outcomes of a number of these appeals (in which the Circuit Court appears intent on naked, ideological confrontation with the District Court) are published below, and also see the Center for Constitutional Rights’ Habeas Scorecard for further information on the status of the various appeals.

The 53 Guantánamo Habeas Corpus Results

October 2008

1 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 (Uighur, ISN 219)
Still held.
14 WON: Yusef Abbas (Uighur, ISN 275)
Still held.
15 WON: Saidullah Khalik (Uighur, ISN 280)
Still held.
16 WON: Hajiakbar Abdulghupur (Uighur, ISN 282)
Still held.
17 WON: Ahmed Mohamed (Uighur, ISN 328)
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 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.

November 2008

18 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.
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.

23 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.
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, 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.

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)
Still held.
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

26 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.

28 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)
Ali Awad appealed, and lost his appeal in June 2010.
Still held.
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)
The government appealed, and won the appeal in July 2010.
Still held.
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.

7 LOST: Fawzi al-Odah (Kuwait, ISN 232)
Al-Odah appealed, and lost his appeal in June 2010.
Still held.
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.

September 2009

8 LOST: Sufyian Barhoumi (Algeria, ISN 694)
Barhoumi appealed, and lost his appeal in June 2010.
Still held.
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.

30 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)
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.
Still held.
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.

December 2009

9 LOST: Musa’ab al-Madhwani (Yemen, ISN 839)
Still held.
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.

32 WON: Saeed Hatim (Yemen, ISN 255)
Still held.
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.

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.
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.

March 2010

34 WON: Mohamedou Ould Slahi (aka Salahi) (Mauritania, ISN 760)
Still held.
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.

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 (Yemen, ISN 522)
Still held.
For my analysis of the ruling, see: An Insignificant Yemeni at Guantánamo Loses His Habeas Petition.
An article examining Judge Henry H. Kennedy Jr.’s unclassified opinion is forthcoming.

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.
An article examining Judge James Robertson’s unclassified opinion is forthcoming.

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.
An article examining Judge Henry H. Kennedy Jr.’s unclassified opinion is forthcoming.

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.
For my analysis of the ruling, see: Judge Orders Release from Guantánamo of Yemeni Seized in Iran, Held in Secret CIA Prisons.
An article examining Judge Paul Friedman’s unclassified opinion is forthcoming.

38 WON: Adnan Farhan Abdul Latif (Yemen, ISN 156)
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.
Judge Henry H. Kennedy Jr.’s unclassified opinion is not yet available.

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.
Judge Reggie B. Walton’s unclassified opinion is not yet available.

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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.