Guantánamo Habeas Results: The Definitive List

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THE TALLY IN OCTOBER 2011, WHEN THE D.C. CIRCUIT COURT’S INTERFERENCE HAD GUTTED HABEAS CORPUS OF ALL MEANING FOR THE PRISONERS: 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) is intended to provide a useful resource for those wishing to know more about what I regard as one of the most important collections 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; namely, the habeas corpus rulings made by the District Court in Washington D.C. between October 2008 and July 2010. This list, first published in 2010 and regularly updated since, was extensively updated in February 2014. Information about seven released prisoners was added in January 2015. Further information was added in March 2018.

Until the D.C. Circuit Court shamefully rewrote the rules regarding detention, beginning in 2010 (see below), I was impressed that the District Court judges involved in assessing the government’s allegations 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, 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 for the detention of prisoners at Guantánamo 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 31 of the 38 prisoners who won their habeas petitions have been released, the most recent (in December 2013) being the last three Uighurs, whose habeas petitions were granted in October 2008. Of the others, five men whose successful petitions were later reversed or vacated on appeal are still held, while a sixth man died. Two, Mohamedou Ould Slahi and Saeed Hatim, had their successful petitions vacated on appeal, and sent back to the District Court to reconsider, while four other prisoners, Mohammed al-Adahi, Uthman Abdul Rahim Mohammed Uthman, Hussein Almerfedi and Adnan Latif, had their successful petitions overturned on appeal. Tragically, Latif died at Guantánamo, reportedly by committing suicide, in September 2012. Others were freed despite not having their habeas petitions granted by the District Court, the most recent (also in December 2013) being Belkacem Bensayah, who had his habeas petition refused in November 2008, but then had that decision overturned on appeal in 2010. His case was then supposed to be reconsidered by the District Court but never was.

With the exception of the Uighurs, the government has appealed 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 — although when given the opportunity, the Supreme Court has persistently refused to get involved. See my articles, The Supreme Court Abandons the Guantánamo Prisoners and Meet the Seven Guantánamo Prisoners Whose Appeals Were Turned Down by the Supreme Court, and my appearances on Democracy Now! and RT, relating to the Supreme Court’s refusal to consider cases submitted by the Guantánamo prisoners in 2012 (as they also did in 2011 and 2013).

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 have contributed significantly to a situation in which it is now appropriate to consider that a handful of right-wing judges are 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 around two dozen appeals), and that, as a result, the prisoners and their lawyers have largely abandoned the entire habeas process as one that is incapable of delivering justice, and, crucially, please see my articles, Habeas Hell: How the Great Writ Was Gutted at Guantánamo, Mocking the Law, Judges Rule that Evidence Is Not Necessary to Hold Insignificant Guantánamo Prisoners for the Rest of Their Lives, How the Supreme Court Gave Up on Guantánamo, More Judicial Interference on Guantánamo, Judges Keep Guantánamo Open Forever, Guantánamo and the Death of Habeas Corpus, US 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?

UPDATE January 2015: Please note that, despite having their habeas corpus petitions turned down, seven of the men listed below were released between May 2014 and January 2015 — five whose releases had been approved in 2009-10 by President Obama’s Guantánamo Review Task Force, one whose release was approved in 2014 by a Periodic Review Board, and one whose release had not been approved, but who was part of a prisoner swap. Most of the rest were then released in the last two years of the Obama presidency, often having subsequently been approved for release by Periodic Review Boards.

UPDATE March 2018: After the D.C. Circuit Court shut down the ability of District Court judges to release prisoners based on a failure by the government to make a credible case for their detention, lawyers for the prisoners sought new avenues to justice, primarily, in 2015, via efforts (ultimately unsuccessful) in the cases of Mukhtar al-Warafi and Fayiz al-Kandari, to establish that “active hostilities” were no longer ongoing in Afghanistan, and that therefore the basis for detention no longer existed. Another prisoner, Moath al-Alwi, is still seeking release on this basis at the time of writing.

In addition, in January 2018, lawyers for eleven prisoners (out of the 41 still held) submitted a habeas corpus petition, seeking their release because, as the Center for Constitutional Rights described it, “[Donald] Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’” I wrote about the lawsuit here, and wrote follow-up articles here and here. The eleven prisoners are “Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.”

The 63 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 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)
Released in Slovakia, December 2013.
16 WON: Saidullah Khalik (Uighur, ISN 280)
Released in Slovakia, December 2013.
17 WON: Hajiakbar Abdulghupur (Uighur, ISN 282)
Released in Slovakia, December 2013.

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 releases in Slovakia, see: The Last Three Uighurs Are Freed from Guantánamo; 76 Cleared Prisoners Remain.
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

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, although his case was never reconsidered by the District Court.
Released in Algeria (against his will), December 2013.

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 release of Bensayah, in December 2013, see: President Obama Forcibly Repatriates Two Algerians from Guantánamo.
For the launch of Bensayah’s appeal in 2009, see: First Guantánamo Prisoner To Lose Habeas Hearing Appeals Ruling.
For the outcome of Bensayah’s successful appeal in 2010, 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)
Released in Slovakia, November 2014.
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.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Who Are the Five Guantánamo Prisoners Given New Homes in Georgia and Slovakia and Who Is the Repatriated Saudi?

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.
Al-Alawi then appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
On October 26, 2015, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — approved him for ongoing imprisonment without charge or trial.
For my analysis of the District Court 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.
For the outcome of his Periodic Review Board, see: Eroding Hyperbole: The Steady Reclassification of Guantánamo’s “Forever Prisoners.”

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.
Also see: An Extraordinary Interview with Former Guantánamo Child Prisoner Mohammed El-Gharani.

4 LOST: Ghaleb al-Bihani (Yemen, ISN 128)
Released in Oman, January 2017.
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. On May 28, 2014, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — approved him for release, although he has only joined 57 other Yemenis (including two others recommended for release by PRBs) who are still held because almost the entire US political establishment has fears about the security situation in Yemen that they are not prepared to overcome.
For my analysis of the District Court 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.
For the outcome of his Periodic Review Board, see: Review Board Approves “Forever Prisoner” Ghaleb Al-Bihani for Release from Guantánamo, But Also Approves Ongoing Detention of Salem Bin Kanad.

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.
For more on Basardah, see Detainee-Informer Presents Quandary for Government in the Washington Post, and my article, WikiLeaks Reveals Secret Guantánamo Files, Exposes Detention Policy as a Construct of Lies.

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 Gladys Kessler’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.
Also see: The Unsung Heroes Who Helped Secure Mohammed Jawad’s Release From Guantánamo and “A Story About Lost and Broken Things”: Mohammed Jawad, A Child in Guantánamo, and the Lawyer Who Fought for Him

August 2009

6 LOST: Adham Ali Awad (Yemen, ISN 88)
Released in Oman, January 2016.
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 District Court 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.
Note: In January 2010, he was one of 30 Yemenis cleared for release by President Obama’s Guantánamo Review Task Force, but, unlike 26 others cleared for immediate release (but then subsequently not released due to a moratorium imposed by President Obama following a failed bomb plot that was hatched in Yemen), they were placed in a new category, “conditional detention,” invented by the task force, and described as being “based on the current security environment in that country.” The task force added, “They are not approved for repatriation to Yemen at this time, but may be transferred to third countries, or repatriated to Yemen in the future if the current moratorium on transfers to Yemen is lifted and other security conditions are met.” This information was only revealed in September 2012, and President Obama’s moratorium was not lifted until May 2013.

29 WON: Mohammed al-Adahi (Yemen, ISN 33)
Released in the United Arab Emirates, August 2016.
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 District Court 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.
Note: In January 2010, he was one of 30 Yemenis cleared for release by President Obama’s Guantánamo Review Task Force, but, unlike 26 others cleared for immediate release (but then subsequently not released due to a moratorium imposed by President Obama following a failed bomb plot that was hatched in Yemen), they were placed in a new category, “conditional detention,” invented by the task force, and described as being “based on the current security environment in that country.” The task force added, “They are not approved for repatriation to Yemen at this time, but may be transferred to third countries, or repatriated to Yemen in the future if the current moratorium on transfers to Yemen is lifted and other security conditions are met.” This information was only revealed in September 2012, and President Obama’s moratorium was not lifted until May 2013.

7 LOST: Fawzi al-Odah (Kuwait, ISN 232)
Released November 2014.
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. On July 14, 2014, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — approved him for release.
For my analysis of the District Court 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.
For the outcome of his Periodic Review Board, see: Guantánamo Review Boards Clear Kuwaiti Prisoner Fawzi Al-Odah for Release, But Defend Ongoing Imprisonment of Fayiz Al-Kandari. For details of his release, see: Fawzi Al-Odah Freed from Guantánamo, Returns Home to Kuwait.

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.
Also see: Meet the Guantánamo Prisoner Who Wants to be Prosecuted Rather than Rot in Legal Limbo.

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)
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)
Released in Oman, January 2017.
Al-Madhwani appealed, and lost his appeal in May 2011.
Al-Madhwani then appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
For my analysis of the District Court 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)
Released in Oman, January 2016.
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 District Court 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.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012.

February 2010

10 LOST: Suleiman al-Nahdi (Yemen, ISN 511)
Released in the United Arab Emirates, November 2015.
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.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Five Yemenis Freed from Guantánamo, Given New Homes in the United Arab Emirates.

11 LOST: Fahmi al-Assani (Yemen, ISN 554)
Released in the United Arab Emirates, November 2015.
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.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Five Yemenis Freed from Guantánamo, Given New Homes in the United Arab Emirates.

33 WON: Uthman Abdul Rahim Mohammed Uthman (Yemen, ISN 27)
Still held.
The government appealed, and won the appeal in March 2011.
Uthman appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
For my analysis of the District Court 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

34 WON: Mohamedou Ould Slahi (aka Salahi) (Mauritania, ISN 760)
Released October 2016.
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)
Released in Oman, January 2016.
Al-Warafi appealed, and lost his appeal in May 2013.
For my analysis of the District Court 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.
For the ruling in the appeal, see here.
Note: In January 2010, he was one of 30 Yemenis cleared for release by President Obama’s Guantánamo Review Task Force, but, unlike 26 others cleared for immediate release (but then subsequently not released due to a moratorium imposed by President Obama following a failed bomb plot that was hatched in Yemen), they were placed in a new category, “conditional detention,” invented by the task force, and described as being “based on the current security environment in that country.” The task force added, “They are not approved for repatriation to Yemen at this time, but may be transferred to third countries, or repatriated to Yemen in the future if the current moratorium on transfers to Yemen is lifted and other security conditions are met.” This information was only revealed in September 2012, and President Obama’s moratorium was not lifted until May 2013.

April 2010

13 LOST: Yasin Qasem Muhammad Ismail (aka Yasein Esmael) (Yemen, ISN 522)
Released in the United Arab Emirates, January 2017.
Ismail appealed, and lost his appeal in April 2011.
For my analysis of the District Court 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)
Released in Senegal, April 2016.
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.
On August 20, 2015, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — approved him for release.
For the outcome of his Periodic Review Board, see: Seriously Ill Libyan Approved for Release from Guantánamo by Periodic Review Board.

May 2010

35 WON: Ravil Mingazov (Russia, ISN 702)
Released in the United Arab Emirates, January 2017.
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.
Also see: The Black Hole of Guantánamo: The Sad Story of Ravil Mingazov.

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)
Released in Slovakia, November 2014.
The government appealed, and won the appeal in June 2011.
For my analysis of the District Court 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.
Almerfedi appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Who Are the Five Guantánamo Prisoners Given New Homes in Georgia and Slovakia and Who Is the Repatriated Saudi?

38 WON: Adnan Farhan Abdul Latif (Yemen, ISN 156)
Died in Guantánamo, September 2012.
The government appealed, and won the appeal in October 2011.
For my analysis of the District Court 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?
And also see attorney Sabin Willett’s response to the ruling: Lawyer Laments the Death of Habeas Corpus for the Guantánamo Prisoners.
Latif appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
For Latif’s death, see: Obama, the Courts and Congress Are All Responsible for the Latest Death at Guantánamo.
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”. And also see: A Premonition of Death at Guantánamo: Adnan Latif’s Hunger Strike Poem.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012.

15 LOST: Abdul Rahman Sulayman (Suleiman) (Yemen, ISN 223)
Released in the United Arab Emirates, August 2016.
Sulayman appealed, and lost his appeal in January 2012.
For my analysis of the District Court 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.
For the ruling in the appeal, see here.
Note: In January 2010, he was one of 30 Yemenis cleared for release by President Obama’s Guantánamo Review Task Force, but, unlike 26 others cleared for immediate release (but then subsequently not released due to a moratorium imposed by President Obama following a failed bomb plot that was hatched in Yemen), they were placed in a new category, “conditional detention,” invented by the task force, and described as being “based on the current security environment in that country.” The task force added, “They are not approved for repatriation to Yemen at this time, but may be transferred to third countries, or repatriated to Yemen in the future if the current moratorium on transfers to Yemen is lifted and other security conditions are met.” This information was only revealed in September 2012, and President Obama’s moratorium was not lifted until May 2013.

September 2010

16 LOST: Shawali Khan (Afghan, ISN 899)
Released December 2014.
Khan appealed, and lost his appeal in September 2011.
For my analysis of the District Court 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.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Four Insignificant Afghan Prisoners Released from Guantánamo.

17 LOST: Fayiz al-Kandari (Kuwait, ISN 552)
Released January 2016.
Al-Kandari appealed, and lost his appeal in December 2011. He then appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012. On July 14, 2014, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — recommended that he should continue to be held, stating that “continued law of war detention … remains necessary to protect against a continuing significant threat to the security of the United States.”
After a second PRB, he was approved for release on September 8, 2015.
For my analysis of the District Court 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.
For the ruling in the appeal, see here.
For the outcome of his first Periodic Review Board, see: Guantánamo Review Boards Clear Kuwaiti Prisoner Fawzi Al-Odah for Release, But Defend Ongoing Imprisonment of Fayiz Al-Kandari.
For the outcome of his second PRB, see: Periodic Review Board Approves Release of Fayiz Al-Kandari, the Last Kuwaiti in Guantánamo.

October 2010

18 LOST: Tawfiq al-Bihani (Yemen, ISN 893)
Still held.
Al-Bihani appealed to the Supreme Court to hear his case, but was one of seven cases turned down in June 2012.
For my analysis of the District Court 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.
Note: In January 2010, he was one of 30 Yemenis cleared for release by President Obama’s Guantánamo Review Task Force, but, unlike 26 others cleared for immediate release (but then subsequently not released due to a moratorium imposed by President Obama following a failed bomb plot that was hatched in Yemen), they were placed in a new category, “conditional detention,” invented by the task force, and described as being “based on the current security environment in that country.” The task force added, “They are not approved for repatriation to Yemen at this time, but may be transferred to third countries, or repatriated to Yemen in the future if the current moratorium on transfers to Yemen is lifted and other security conditions are met.” This information was only revealed in September 2012, and President Obama’s moratorium was not lifted until May 2013.

19 LOST: Obaidullah (Afghanistan, ISN 762)
Released in the United Arab Emirates, August 2016.
Obaidullah appealed, and lost his appeal in August 2012.
In 2013, he appealed to the Supreme Court, but that too was turned down.
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).
For Judge Leon’s unclassified opinion, see here.
For the ruling in the appeal, see here.
For an article about how investigators established his innocence, see here.

January 2011

20 LOST: Abdul Razak Ali (Abdelrazak Ali aka Saeed Bakhouche) (Algeria, ISN 685)
Still held.
Ali appealed, and lost his appeal in December 2013.
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.
For Judge Leon’s unclassified opinion, see here.
For the ruling in the appeal, see here.
Also see Linda Greenhouse’s excellent article in the New York Times.

February 2011

21 LOST: Mashur al-Sabri (aka Mashour Alsabri) (Yemen, ISN 324)
Released in Saudi Arabia, April 2016.
Al-Sabri appealed, and lost his appeal in April 2012.
For my analysis of the District Court ruling, see: Habeas Hell: How the Great Writ Was Gutted at Guantánamo.
For Judge Ricardo Urbina’s unclassified opinion, see here.
For the ruling in the appeal, see here.
On April 17, 2015, a Periodic Review Board — a process established to review the cases of the majority of the remaining prisoners who were not cleared for release in January 2010 by President Obama’s Guantánamo Review Task Force — approved him for release.
For the outcome of his Periodic Review Board, see: As Gitmo Clock Marks 700 Days Since Obama’s Promise to Resume Releasing Prisoners, 57th Man Is Approved For Release.

June 2011

22 LOST: Khairullah Khairkhwa (Afghanistan, ISN 579)
Released in Qatar, May 2014, as part of a prisoner swap.
Khairkhwa appealed, and lost his appeal in December 2012.
For my analysis of the District Court ruling, see: Guantánamo and the Death of Habeas Corpus.
For Judge Ricardo Urbina’s unclassified opinion, see here.
For the ruling in the appeal, see here. For details of his release, see: Missing the Point on the Guantánamo Taliban Prisoner Swap and the Release of Bowe Bergdahl.

August 2011

23 LOST: Fadel Hentif (aka Fadil Hintif) (Yemen, ISN 259)
Released in Oman, January 2015.
Hentif appealed, but his appeal was turned down in November 2013, apparently because it was filed too late.
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 unclassified opinion, see here.
For the story of how his appeal was turned down, see here.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Who Are the Five Yemenis Released from Guantánamo and Given New Homes in Oman and Estonia?

October 2011

24 LOST: Abdul Qader Ahmed Hussein (aka Abdul Qader Ahmed Hussein, Ahmed Abdul Qader) (Yemen, ISN 690)
Released in Estonia, January 2015.
Hussein appealed, and lost his appeal in June 2013.
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 unclassified opinion, see here.
For my article about Hussein’s appeal, and Judge Harry T. Edwards’ dissatisfaction with the habeas process, see Judge Calls for An End to Unjust Provisions Governing Guantánamo Prisoners’ Habeas Corpus Petitions.
Note: In January 2010, he was one of the prisoners recommended for release by the high-level, inter-agency Guantánamo Review Task Force that President Obama appointed shortly after taking office. This information was only revealed in September 2012. For details of his release, see: Who Are the Five Yemenis Released from Guantánamo and Given New Homes in Oman and Estonia?

25 LOST: Karim Bostan (aka Bostan Karim) (Afghanistan, ISN 975)
Released in Oman, January 2017.
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 unclassified opinion, see here.

Note: On October 2, 2013, for the first time, the Justice Department refused to contest the habeas corpus petition of a Guantánamo prisoner, Ibrahim Idris (ISN 35), a Sudanese prisoner with severe mental health problems. Judge Royce C. Lamberth then ordered his release, on October 4, 2013, and he was sent home in December 2013.
See: The Schizophrenic in Guantánamo Whose Lawyers Are Seeking to Have Him Sent Home and Some Progress on Guantánamo: The Envoy, the Habeas Case and the Periodic Reviews.
For his release, see: Two Sudanese Prisoners Released from Guantánamo, 79 Cleared Prisoners Remain.

Andy Worthington is a freelance investigative journalist, activist, author, photographer and film-maker. He is the co-founder of the “Close Guantánamo” campaign, and 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. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US).