Who Are the Ten Guantánamo Prisoners Released in Oman, Leaving 45 Men Still Held, Including Nine Approved for Release?

The ten prisoners released from Guantanamo on Jan. 16, 2017. Top, from L to R: Abdul Zahir (Afghanistan) and the Yemenis Mohammed al-Ansi, Mohammed Ahmed Said Haidel (aka Muhammed Ahmad Said Haydar), Salman Yahya Hassan Mohammed Rabei’i and Musa’ab al-Madhwani (aka Musab Omar Ali al Madhwani). Bottom, from L to R: Bostan Karim (aka Karim Bostan) (Afghanistan) and the Yemenis Ghaleb al-Bihani, Mustafa al-Shamiri, Walid Said Bin Said Zaid and Hail al-Maythali (aka Hayil al-Maythali). All the photos are from the files leaked by Chelsea Manning and released by WikiLeaks in 2011 except the photo of al-Bihani, which was taken by the International Red Cross, and made available by his lawyers at the Center for Constitutional Rights.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo during the first two months of the incoming Trump administration.

 

So there was great news from Guantánamo on Monday, when ten men — eight Yemenis and two Afghans — were released and sent to Oman, which has previously taken in 20 Yemenis. The Yemenis have been the most difficult category of prisoners to be freed from Guantánamo, because the entire US establishment is unwilling to repatriate them, fearing the security situation in their home country, meaning that third countries must be found that are prepared to offer them a new home — and are prepared to overlook the fact that the US itself is unwilling to do that, and, in fact, that Congress has, for many years, passed laws specifically preventing any Guantánamo prisoner from being brought to the US mainland for any reason.

The ten releases leave 45 men still held at Guantánamo, with three or four more releases expected before President Obama leaves office on Friday, according to the latest reports. At present, however, nine men approved for release are still held, and the release of those left behind when Obama leaves the White House must be a priority for campaigners as soon as Donald Trump takes office.

Of the ten men released, two were approved for release in 2009 by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after first taking office, while the other eight were approved for release between May 2014 and December 2016 by Periodic Review Boards, another high-level, inter-agency review process, and one that campaigners must also press Donald Trump to keep. Read the rest of this entry »

Two Yemenis Approved for Release from Guantánamo, as Detention of Two Saudis Upheld, Including Torture Victim Mohammed Al-Qahtani

Yemeni prisoner Musa'ab al-Madhwani, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.With just 168 days left for President Obama to close the prison at Guantánamo Bay, as he promised when he first took office in January 2009, the reassuring news is that there are now just 76 men held, and 34 of those men have been approved for release. 13 of the 34 were approved for release in Obama’s first year in office, by an inter-agency task force he established to review the cases of all the prisoners held at the start of his presidency, while 21 others have been approved for release since January 2014 by Periodic Review Boards. See my definitive Periodic Review Board list here on the Close Guantánamo website.

The PRBs, another inter-agency process, but this time similar to parole boards, have been reviewing the cases of all the men who are not facing trials and who had not already been approved for release, and, to date, 56 reviews have taken place, with 32 men being approved for release (and eleven of those already freed), and 16 approved for ongoing imprisonment, while eight decisions have yet to be taken. This is a 67% success rate for the prisoners, and ought to be a source of shame for the Obama administration’s task force, which described these men as “too dangerous to release” or recommended them for prosecution back in 2009.

In the cases of those described as “too dangerous to release,” the task force acknowledged that insufficient evidence existed to put them on trial, but clearly failed to recognize that their recommendations were based on extreme, and, it turns out, unjustifiable caution. In the cases of those recommended for trials, embarrassingly, the basis for prosecution collapsed in 2012-13 when appeals court judges struck down some of the only convictions secured in the troubled military commission trial system on the basis that the war crimes for which the men had been convicted were not internationally recognized, and had been invented by Congress. Read the rest of this entry »

The Last Two Yemenis Mistakenly Identified as Members of Al-Qaeda Cell Seek Release from Guantánamo via Periodic Review Board

Yemeni Musa'ab al-Madhwani, in a photo from Guantanamo included in the classified military files released by WikiLeaks in 2011.Last week, two more Periodic Review Boards took place at Guantánamo, bringing to 51 the number of prisoners whose ongoing imprisonment has been reviewed by the US government since the PRBs were set up in 2013 (the 52nd took place today, and I’ll be writing about that soon). To date, 24 of those men have been recommended for release, 12 have had their ongoing imprisonment recommended, and 16 others are awaiting decisions. 12 other men are still awaiting reviews. For further information, see the definitive Periodic Review Board list that I wrote for the Close Guantánamo website.

Last week’s reviews were for the last two of six men seized in Karachi, Pakistan on the first anniversary of the 9/11 attacks — the same day as alleged 9/11 conspirator Ramzi bin al-Shibh. They were then sent to be tortured in a “black site” in Afghanistan, and were subsequently identified by the US authorities as members of an Al-Qaeda cell in Karachi. In the first of the PRBs for the six, in February, for Ayoub Ali Saleh, it was revealed that the authorities have since walked back from their claims, conceding that “it is more likely the six Yemenis were among a large pool of Yemeni fighters that senior al-Qa’ida planners considered potentially available to support future operations.”

Saleh was recommended for release in March, and a second man, Bashir al-Marwalah, was approved for release in May, after a review in April. Decisions have not yet been taken in the cases of the other two — Said Salih Said Nashir, reviewed in April, and Shawqi Awad Balzuhair, reviewed in May, but it is reasonable to expect that, unless the men in question are unwilling or unable to demonstrate contrition, and a desire to resume peaceful lives, they will all be recommended for release. Read the rest of this entry »

Guantánamo Reviews: US Accepts that Former “Black Site” Prisoner, Like Five Others, Wasn’t Part of Al-Qaeda Plot, As Another Prisoner is Approved for Release

Majid Ahmed (aka Majid Ahmad), in a photo included in the classified military files from Guantanamo that were released by WikiLeaks in 2011.As the countdown to the end of the Obama presidency continues (see the Countdown to Close Guantánamo we launched last month), and with just 329 days left for President Obama to fulfill the promise to close the prison that he made on his second day in office back in January 2009, we are reassured that progress continues in the Periodic Review Boards set up in 2013 to review the cases of all the prisoners not already approved for release and not facing trials — currently 46 of the 91 men still held, as one man has been approved for release, and another, seeking release, has had the military acknowledge that they exaggerated his role, and that he was “a low-level militant not part of an al-Qaida terrorist cell as previously believed,” as the Associated Press described it. Moreover, by extension, the same admission should apply to five other men seized at the same time as him, who are also still held and awaiting PRBs.

Just ten of the 91 men still held are facing trials, and of the 35 men already approved for release, eleven have been approved for release by PRBs, to add to seven others already freed after being approved for release.

In total, of the 21 decisions reached by the PRBs, 18 have led to recommendations that the men in question should be released — a success rate of 86%, which reveals the extent to which dangerous hyperbole has played such a significant part in the story of Guantánamo, as these are men regarded six years ago as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office, even though the task force also conceded that insufficient evidence existed to put them on trial. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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