11 Years and Counting - Center for Constitutional Rights
11 Years and Counting - Center for Constitutional Rights
11 Years and Counting - Center for Constitutional Rights
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<strong>11</strong> <strong>Years</strong> <strong>and</strong> <strong>Counting</strong>: Profiles of Men Detained at Guantánamo
<strong>11</strong> <strong>Years</strong> <strong>and</strong> <strong>Counting</strong>: Profiles of Men Detained at<br />
Guantánamo<br />
Name <strong>and</strong> Internment Serial Number (ISN) Citizenship<br />
Shaker Aamer (ISN 239) Yemen<br />
Umar Abdulayev (ISN 257) Tajikistan<br />
Ahmed Abdul Aziz (ISN 757) Mauritania<br />
Abu Zubaydah (ISN 10016) Palestinian Territories<br />
Ahmed Ajam (ISN 326) Syria<br />
Mohammed al-Adahi (ISN 33) Yemen<br />
Sa’ad Muqbil Al-Azani (ISN 575);<br />
Jalal bin Amer (ISN 564) <strong>and</strong> Suhail Abdu Anam (ISN 569) Yemen<br />
Ghaleb al-Bihani (ISN 128) Yemen<br />
Ahmed al-Darbi (ISN 768) Saudi Arabia<br />
Mohammed al-Hamiri (ISN 249) Yemen<br />
Sharqawi Ali al-Hajj (ISN 1457) Yemen<br />
Sanad al-Kazimi (ISN 1453) Yemen<br />
Musa’ab al Madhwani (ISN 839) Yemen<br />
Hussain Almerfedi (ISN 1015) Yemen<br />
Saad Al Qahtani (ISN 200) Saudi Arabia<br />
Abdul Rahman Al-Qyati (ISN 461) Yemen<br />
1
Ali Hussein al-Shaaban (ISN 327) Syria<br />
Djamel Ameziane (ISN 310) Algeria<br />
Tariq Ba Odah (ISN 178) Yemen<br />
Ahmed Belbacha (290) Algeria<br />
Jihad Dhiab (ISN 722) Syria<br />
Fahd Ghazy (ISN 26) Yemen<br />
Saeed Mohammed Saleh Hatim (ISN 255) Yemen<br />
Obaidullah (ISN 762) Afghanistan<br />
Mohamedou Ould Slahi (ISN 760) Mauritania<br />
Mohammed Tahamuttan (ISN 684) Palestinian Territories<br />
* The following profiles are intended to provide the Commission with personal<br />
in<strong>for</strong>mation about the men at Guantánamo because the United States will not grant the<br />
Commissioners access to the prisoners themselves. The in<strong>for</strong>mation has been taken from<br />
phone calls, letters, or in-person interviews. None of the in<strong>for</strong>mation herein has been<br />
deemed "classified" by the U.S Government. Where possible, original source material<br />
has been included (usually transcribed <strong>for</strong> ease of reading).<br />
2
Shaker Aamer<br />
ISN 239<br />
Citizenship: Saudi Arabia<br />
Detained Since: February 2002
Shaker Aamer<br />
Shaker Aamer, born in 1968, is the last British resident in Guantánamo.<br />
He grew up in Saudi Arabia with four siblings, but his parents<br />
divorced when he was a child <strong>and</strong>, after his father remarried, his stepmother<br />
was unkind to her new family. At the age of seventeen, Shaker<br />
left home, traveling first to America, where he stayed with a family he<br />
knew in Saudi Arabia, <strong>and</strong> then around Europe <strong>and</strong> the Middle East.<br />
Shaker eventually moved to London, where he met his wife-to-be <strong>and</strong><br />
was soon married. The couple has four children, although the youngest,<br />
Faris, was born in 2002, after Shaker was seized <strong>and</strong> sent to Guantánamo, <strong>and</strong>, as a result, he has never<br />
seen his father. While in London, Shaker worked as an Arabic translator <strong>for</strong> the solicitor who advised him<br />
on his immigration case, <strong>and</strong>, as his lawyers at the legal action charity Reprieve have explained, “Shaker is<br />
a natural leader who is known <strong>for</strong> his concern <strong>for</strong> others … Helping refugees put Shaker where he loved to<br />
be—as counsel, listening <strong>and</strong> advising. But in the end, it was his dedication to the welfare of others that led<br />
to his detention in Guantánamo Bay.”<br />
In June 2001, he traveled to Afghanistan with his family to establish a girls’ school <strong>and</strong> to pursue well digging<br />
projects <strong>for</strong> an Islamic charity. He lived in Kabul, <strong>and</strong> was joined by his friend, British national Moazzam<br />
Begg (who was also held at Guantánamo, but released in January 2005) <strong>and</strong> his family.<br />
After the U.S.-led invasion began, in October 2001, Shaker made sure that his family escaped to safety in<br />
Pakistan, but, fearing that he would be seized, because Arab men could be sold <strong>for</strong> bounties, he took shelter<br />
with an Afghan family. However, Afghan soldiers took him from the house where he was staying, <strong>and</strong>, <strong>for</strong><br />
two weeks, he was sold to various groups of soldiers, who accused him of killing their leader <strong>and</strong> beat him<br />
mercilessly.<br />
Shaker was then driven out of Kabul with four other men <strong>and</strong>, fearing that he was about to be executed, was<br />
relieved when he was h<strong>and</strong>ed over to U.S. <strong>for</strong>ces. However, when he was taken to Bagram Airbase at the end<br />
of December 2001, he was immediately subjected to terrible abuse. For nine days, he was deprived of sleep<br />
<strong>and</strong> denied food, <strong>and</strong> he lost 60 pounds in weight. He was also drenched with freezing cold water on a regular<br />
basis, <strong>and</strong> this, combined with the effects of the Afghan winter, caused his feet to become frostbitten.<br />
Despite his suffering, he was chained <strong>for</strong> hours in positions that made movement unbearable, his frostbitten<br />
feet were beaten, <strong>and</strong> he was refused painkillers.<br />
As a result of his torture, Shaker began to say whatever his U.S. captors wanted, whether it was true or not,<br />
<strong>and</strong> only then was he sent to Guantánamo, arriving in February 2002. Throughout his imprisonment, however,<br />
Shaker has stood up <strong>for</strong> the rights of his fellow prisoners, <strong>and</strong> in summer 2005, when a prison-wide<br />
hunger strike began after a prisoner was assaulted during an interrogation, Shaker was part of six-man<br />
Prisoners’ Council, who were briefly allowed to negotiate improvements in living conditions.<br />
However, promises made by the authorities were soon broken, <strong>and</strong> when the hunger strike resumed in September<br />
2005, Shaker was placed in solitary confinement, where he spent at least a year <strong>and</strong> a half. He was<br />
told in 2007 that he was cleared <strong>for</strong> release, but although the British government requested his return to the
U.K. in 2007, negotiations with the U.S. apparently ceased in December 2007.<br />
In 2010, after a new coalition government came to power in the U.K., ministers promised to raise Shaker’s<br />
case with the Obama administration. However, Shaker is still being held, even though it recently became<br />
apparent, in a letter to Congress by four British Members of Parliament, that he was cleared <strong>for</strong> release at<br />
least two years ago, when President Obama’s interagency Guantánamo Review Task Force issued its report<br />
on the prisoners.<br />
In November 20<strong>11</strong>, Clive Staf<strong>for</strong>d Smith, Reprieve’s director, visited Shaker, <strong>and</strong>, on departure, wrote a<br />
letter to the British <strong>for</strong>eign secretary William Hague listing numerous physical ailments that Shaker suffers<br />
from—a list that has just been cleared through the U.S. censorship process—<strong>and</strong> calling <strong>for</strong> an end to<br />
the excuses preventing Shaker’s release. The British government has said it wants Shaker back <strong>and</strong> the U.S.<br />
government has said that it wants to release him; there<strong>for</strong>e, it is difficult not to conclude that Shaker is still<br />
held because he knows too much, not only about the many injustices of Guantánamo, but also about two<br />
particularly disgraceful episodes.<br />
The first episode involves Shaker’s claims that he was tortured by U.S. <strong>for</strong>ces in Afghanistan, while British<br />
agents were in the room. This is a claim that was aired in a British court two years ago, <strong>and</strong> led to disclosures<br />
being made to U.S. counsel concerning this abuse. The second involves his claim that, in Guantánamo, on<br />
June 9, 2006, he was tortured by unidentified U.S. intelligence agents, on the same evening that three other<br />
prisoners died. The deaths of those three men were described by the authorities as a coordinated suicide<br />
pact, but in January 2010, Harper’s Magazine published an article by the lawyer <strong>and</strong> journalist Scott Horton,<br />
drawing on statements made by soldiers serving in Guantánamo at the time, which cast profound doubts<br />
on the official story, in which Shaker’s account was also significant.
Testimony by prisoners held by the US at Guantanamo Bay, Cuba<br />
Shaker Aamer (ISN 239)<br />
The following is a letter written by Shaker Aamer on his wedding anniversary: 4<br />
September 20<strong>11</strong> demonstrating the pain he feels at even attempting to recall the abuse<br />
he has suffered. (Edited <strong>for</strong> spelling <strong>and</strong> grammar):<br />
My dear lawyer,<br />
I am happy to see you today,. The as I told you is my greatest day of my hard<br />
life. The day of my marriage. Yes it’s the best thing happened to me in my 20<br />
years of living on this earth. Still is the best I cherish I am in good mood just<br />
by remembering this day. I don’t know how the day is going to pass <strong>for</strong> my<br />
wife. May God give her the patience to go through the memory of this day <strong>and</strong><br />
give her the strength to carry on this hard ship that fell about us.<br />
You asked me to write about all the torture that happened to me since the<br />
beginning, because it will help me to shed the light on how brutal USA <strong>and</strong><br />
UK government are <strong>and</strong> to wakeup the people so we can bring justice to me,<br />
my family <strong>and</strong> others all over the world. I know from your perspective it is<br />
going to help me but please <strong>for</strong>give me to tell you it is really hard on me to<br />
bring back all these memory of torture <strong>and</strong> agony <strong>and</strong> hard ship to the surface.<br />
I try my best to <strong>for</strong>get them so I can sleep <strong>and</strong> live normal life. I know it is a<br />
deep wound <strong>and</strong> I need it to close <strong>and</strong> not to re opened even if it help me to<br />
open it <strong>and</strong> clean it again.<br />
Today please <strong>for</strong>give me to live a few moments with my wife <strong>and</strong> the memory<br />
that can bring me some peace of mind <strong>and</strong> happiness, I pray to my Lord to get<br />
every couple together <strong>and</strong> make their life happy ever after. Thank you to let<br />
me share these moments with you at this beautiful day. Please tell my wife <strong>and</strong><br />
kids:<br />
They are the breath of my lungs<br />
They are the beat of my heart<br />
They are the light of my eyes<br />
They are the reason why I am alive<br />
God witness no lies<br />
If tears could build me a way<br />
And memory could build me a lane<br />
I will walk over the Ocean to be with them again<br />
This is how I feel<br />
Yours,<br />
Shaker Aamer
Umar Abdulayev<br />
ISN 257<br />
Citizenship: Tajikistan<br />
Detained Since: 2002
Umar Abdulayev<br />
Umar Abdulayev, a native of Tajikistan, born in 1978, has not lived in the<br />
country of his birth since 1992, when he fled with his parents, two brothers,<br />
<strong>and</strong> two sisters to escape the civil war that was beginning to tear the country<br />
apart. His father was killed in 1994 while returning to Tajikistan to investigate<br />
the situation.<br />
Umar lived in Afghanistan until early 2001, when he moved with his family<br />
to a refugee camp near Peshawar, Pakistan. It was there, on November 25,<br />
2001, that he was seized in a bazaar by police who h<strong>and</strong>ed him over to Pakistani<br />
intelligence officials <strong>and</strong> then imprisoned him.<br />
In Pakistani custody, Umar was beaten <strong>and</strong> coerced into copying incriminating in<strong>for</strong>mation, in his own<br />
h<strong>and</strong>, into a number of notebooks, with a promise that he would be returned to his mother if he did as<br />
directed. Instead, he was blindfolded <strong>and</strong> driven to Kohat prison in Pakistan, where, after nine days, he was<br />
turned over, along with approximately 30 others, to the custody of the U.S. military.<br />
Speaking about the circumstances of his detention in U.S. custody, Umar explained, “The Pakistanis are<br />
making business out of this war, including myself. The detainees are not being captured by U.S. <strong>for</strong>ces, but<br />
are being sold by the Pakistani government. They are making [up to] $10,000 to sell detainees to the U.S. ...<br />
they knew that the more evidence they created, the more dangerous they made me, the more money they<br />
would make from the Americans.”<br />
After a month in the U.S. prison in K<strong>and</strong>ahar, Afghanistan, Umar was flown to Guantánamo, where he has<br />
been held ever since without charge or trial. President Obama’s Guantánamo Task Force approved Umar to<br />
be transferred out of Guantánamo, yet it appears that the U.S. government continues to hold him with no<br />
end in sight.<br />
Irrespective of whether he is able to obtain a writ of habeas corpus, Umar appears to have few prospects <strong>for</strong><br />
leaving Guantánamo. Umar fears <strong>for</strong> his life in Tajikistan <strong>and</strong> refuses to return there voluntarily. He needs<br />
a safe country in which to rebuild his life, but currently there is no indication that the U.S. government is<br />
taking any steps to resettle him in a third country.
Ahmed Abdul Aziz<br />
ISN 757<br />
Citizenship: Mauritania<br />
Detained Since: October 2002
Notes from client visit with Ahmed Abdulaziz, ISN 757, February 2013<br />
(edited <strong>for</strong> clarity)<br />
P. 2<br />
WEDS. Jan 2 2013<br />
BIG REC<br />
[I have] come from 30 days in Camp V<br />
(NOTE: Camp V is a maximum security cell-block)<br />
Our REC time<br />
Soccer in Big Area<br />
Detainee stuck half in/out. Shouting to be heard by tower.<br />
Many people now mentally ill. Little self-control.<br />
Climbed 1 yard – we do it all the time to get balls that a stuck.<br />
Spray [from a water hose] most that ever happens.<br />
Guard pointed rifle at the detainee.<br />
Detainees shouted. He pointed gun at them.<br />
Threw little stones at him.<br />
He shot not at the man climbing but in the REC.<br />
P.3<br />
On detainee cut in the throat on adams apple.<br />
Other scratched near eye etc.<br />
OIC [officer-in-charge] said this was normal <strong>and</strong> justified.<br />
No investigator talked to prisoners – cover up.<br />
Imposed REC restrictions.<br />
P.7<br />
[I am] now voluntarily back in [Camp] V.<br />
New rule on meds – you can only get them with hassle. So most now refusing.<br />
[I am]: not getting various meds now.<br />
Ulcers & hyperacidity in stomach - Nexium<br />
Creams <strong>for</strong> hemorrhoids & suppositories<br />
Irritable Bowel Syndrome<br />
o Dyclophonax or Elavil<br />
o Elavil or Tylenol<br />
o Migraines<br />
o Great pain in eyes b/c migraines & lights. Blurry sight.<br />
o Lower <strong>and</strong> upper back – Arthritis<br />
o RSI<br />
P.<strong>11</strong><br />
Still interrogating 1 x week OR 1 x month.<br />
No message from wife <strong>and</strong> child since June ’<strong>11</strong>.
P.12<br />
Nov. 2009: [I was] cleared <strong>for</strong> release.<br />
It makes no sense to insist on rehabilitation or repatriation but no start in Gitmo.<br />
What they do here is “dis-abilitation”.<br />
SOP = Severe Oppressive Procedures<br />
Want just to en<strong>for</strong>ce one SOP – send cleared people home.<br />
Cleared Prisoners should be in a waiting room to leave.<br />
In Gitmo it is like having a ticket but there is no airport.<br />
Drives me to craziness. No legal status. No charge, no proof of guilt. Time has no<br />
border no limits. Living with a mirage. But we know we are thirsty.<br />
P. 13<br />
They say I can walk anywhere, I have free access to the path, but I am on a tether (a<br />
bungee rope) <strong>and</strong> they pull me back.<br />
Much worse to be told I am cleared.<br />
People are getting more angry. Smallest things get irritating.<br />
They voted the prayer mats as contrab<strong>and</strong> – then they gave it to us.<br />
That makes me furious.<br />
They have embezzled my life <strong>and</strong> my health.<br />
Age is accelerated here. A martian day is 2 earth days.<br />
Proposition to science community: 1 Gitmo day = 10 martian days.<br />
[I] arrived Oct 22, 2022 at 32.<br />
[I am] now 43 years old or 32 + (22 x 10) = 232 years.<br />
There is missing time, & condensed time.
Abu Zubaydah<br />
ISN 10016<br />
Citizenship: Palestinian Territories<br />
Detained Since: September 2006
Abu Zubaydah — <strong>and</strong> other “high-value detainees”<br />
Abu Zubaydah, born in 1971 in Saudi Arabia, is a stateless Palestinian. His<br />
<strong>for</strong>mal name is Zayn al-Abidin Muhammad Husayn, <strong>and</strong> his torture was central<br />
to the Bush administration’s decision to subject prisoners seized in the<br />
“war on terror” to torture.<br />
Within a matter of days after Abu Zubaydah was taken into custody by U.S.<br />
<strong>for</strong>ces, President Bush began publicly describing him as a “top operative plotting<br />
<strong>and</strong> planning death <strong>and</strong> destruction on the United States.” In short order,<br />
after being seized during a house raid in Faisalabad on March 28, 2002,<br />
wherein he was shot three times, leaving him unconscious <strong>and</strong> in critical<br />
condition, Abu Zubaydah was flown out of Pakistan <strong>and</strong> into a secret CIA<br />
prison in Thail<strong>and</strong>. Later in 2002, he was transferred to another CIA facility<br />
Abu Zubaydah immediately after being<br />
apprehended by the U.S.<br />
in Pol<strong>and</strong>, <strong>and</strong>, from September 2003 until March 2004, was one of a h<strong>and</strong>ful of “high-value detainees” held<br />
in a secret prison within Guantánamo (whose existence has never been publicly acknowledged), which<br />
was closed when the Bush administration began to realize that the Supreme Court was likely to grant the<br />
prisoners habeas corpus rights. From then until September 2006, he <strong>and</strong> other “high-value detainees” were<br />
moved around a network of CIA prisons that included facilities in Romania, Lithuania <strong>and</strong> Morocco. In<br />
September 2006, he was one of 14 “high-value detainees” flown to Guantánamo from these secret facilities.<br />
During his nearly four-<strong>and</strong>-a-half years of secret imprisonment, Abu Zubaydah was subjected to a battery<br />
of well-documented torture. He is one of only three prisoners who the government has admitted to having<br />
waterboarded, <strong>and</strong>, by the government’s own account, this was done to him in excess of 80 times in a<br />
single month alone. Moreover, waterboarding is only one of the many “enhanced interrogation techniques”<br />
which the August 1, 2002 Office of Legal Counsel memor<strong>and</strong>um listed as being authorized <strong>for</strong> use against<br />
Abu Zubaydah personally. (This memor<strong>and</strong>um was written specifically <strong>for</strong> Abu Zubaydah.) Other such<br />
“techniques” included, but were not limited to, prolonged sleep deprivation, placement in stress positions,<br />
<strong>and</strong> confinement in a coffin-sized box. Abu Zubaydah is also one of two prisoners who the government has<br />
openly admitted to having tortured <strong>and</strong> videotaped, <strong>and</strong> then, in violation of several court orders, to having<br />
destroyed this videotaped evidence of torture.<br />
When Abu Zubaydah was moved to Guantánamo in 2006, President Bush continued to describe him as<br />
“a senior terrorist leader <strong>and</strong> a trusted associate of Osama bin Laden,” <strong>and</strong> claimed that, because he had<br />
become “defiant <strong>and</strong> evasive” after his capture, “the CIA used an alternative set of procedures” <strong>for</strong> him. According<br />
to Bush, “These procedures were designed to be safe, to comply with our laws, our Constitution,<br />
<strong>and</strong> our treaty obligations. The Department of Justice reviewed the authorized methods extensively <strong>and</strong><br />
determined them to be lawful.”<br />
President Bush was mistaken in both his claims. First, the torture techniques approved by John Yoo were<br />
plainly illegal, although the Obama administration has done all in its power to prevent any prosecutions<br />
from proceeding. Second, Abu Zubaydah was not “a senior terrorist leader,” but was, instead, at most a<br />
mere gatekeeper <strong>for</strong> Khaldan, an independent military training camp in Afghanistan (which had been
used to prepare jihadists to fight the communists in Russia in the 1990s) that was <strong>for</strong>cibly closed down by<br />
the Taliban in 2000 when its emir, Ibn al-Shaykh al-Libi, refused to allow it to be taken over by Osama bin<br />
Laden. The government’s quick labeling of Abu Zubaydah as a “high-value detainee”, “the number three<br />
man in al Qaeda”, <strong>and</strong> “al Qaeda’s chief of operations” reveals a disturbing failure of intelligence in the Bush<br />
administration at the start of its “war on terror.” Moreover, the torture of this man, who was so monstrously<br />
mischaracterized from the start, also yielded no useful intelligence. In 2009, summing up the results of his<br />
torture, a <strong>for</strong>mer U.S. intelligence official stated, “We spent millions of dollars chasing false alarms.”<br />
The extent of these failures has even been acknowledged by the Obama administration, although this has<br />
taken place in court documents submitted by Justice Department lawyers who have tried to portray Abu<br />
Zubaydah as a different kind of threat. In a submission in 2009, in response to 213 requests by Abu Zubaydah’s<br />
attorneys <strong>for</strong> discovery in his habeas corpus petition, the government revealed that it “has not contended<br />
… that Petitioner was a member of al-Qaeda or otherwise <strong>for</strong>mally identified with al-Qaeda.” The<br />
Government further stated that they were not “detaining [Abu Zubaydah] based on any allegation that<br />
[Abu Zubaydah] views himself as part of al-Qaeda as a matter of subjective personal conscience, ideology,<br />
or worldview.” The Government also “has not contended that Petitioner had any personal involvement in<br />
planning or executing…the attacks of September <strong>11</strong>, 2001,” nor that he had any “advance knowledge of the<br />
terrorist attacks of September <strong>11</strong>, 2001,” nor that he had “knowledge of any specific impending terrorist<br />
operations” being planned by al-Qaeda.<br />
Instead, the government now claims that the ongoing detention of Abu Zubaydah “is based on conduct <strong>and</strong><br />
actions that establish Petitioner was ‘part of ’ hostile <strong>for</strong>ces <strong>and</strong> ‘substantially supported’ those <strong>for</strong>ces,” <strong>and</strong><br />
that he “facilitat[ed] the retreat <strong>and</strong> escape of enemy <strong>for</strong>ces” after the U.S.-led invasion of Afghanistan in<br />
October 2001. In response, his attorneys are engaged in attempts to establish that the government has no<br />
evidence that their client was “part of hostile <strong>for</strong>ces,” <strong>and</strong> that the people he assisted in escaping Afghanistan<br />
included “women, children, <strong>and</strong>/or other non-combatants,” <strong>and</strong> that the government has evidence to support<br />
those assertions.<br />
As one of his attorneys, Brent Mickum, has explained, “I’m not surprised at all that the government has<br />
dropped the old charges against our client <strong>and</strong> is alleging new charges against him. That is their tried<strong>and</strong>-true<br />
modus oper<strong>and</strong>i … [W]hen their case falls apart, they re-jigger the evidence, <strong>and</strong> come up with<br />
new charges <strong>and</strong> [say], ‘we will defend the new charges with the same zeal we defended the earlier bogus<br />
charges.’”<br />
Despite the horrors of Abu Zubaydah’s case, since his arrival at Guantánamo in September 2006, even his<br />
attorneys have been unable to provide much in<strong>for</strong>mation to the public. The blunt truth, shockingly, is that<br />
every word spoken between the “high-value detainees” <strong>and</strong> their attorneys since their arrival has remained<br />
classified, <strong>and</strong> none of it has been unclassified through a Pentagon review process, as has happened with all<br />
the other prisoners.<br />
In the cases of the six “high-value detainees” who have faced military commission hearings—Khalid Sheikh<br />
Mohammed <strong>and</strong> four other men under President Bush, <strong>and</strong> Abd al-Rahim al-Nashiri under President<br />
Obama—some in<strong>for</strong>mation has emerged. However, in the cases of six other “high value detainees” who
arrived in September 2006 (Majid Khan, Abu Faraj al-Libi, Riduan Isamuddin, aka Hambali, Modh Farik<br />
Bin Amin, Mohammed Bin Lep <strong>and</strong> Gouled Hassan Dourad), <strong>and</strong> two others who arrived at Guantánamo<br />
in 2007 <strong>and</strong> 2008 (Abd al-Hadi al-Iraqi <strong>and</strong> Muhammad Rahim), no in<strong>for</strong>mation has been made publicly<br />
available.<br />
This leaves them in an in<strong>for</strong>mation black hole as severe as when they were held in CIA “black sites.” Additionally,<br />
this embargo on available in<strong>for</strong>mation has encouraged the public to completely <strong>for</strong>get about these<br />
men, even though all the prisoners subjected to the “high-value detainee” torture program represent the<br />
nadir of the Bush administration’s lawlessness <strong>and</strong> hubris.
Why hasn’t Abu Zubaida been tried? - Washington Post http://articles.washingtonpost.com/2012-03-28/opinions/35446508_1_qa...<br />
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Home > Collections > Al-qaeda<br />
Why hasn’t Abu Zubaida been tried?<br />
By Am<strong>and</strong>a L. Jacobsen, March 28, 2012<br />
This week marks 10 years that my client<br />
Abu Zubaida has been held in U.S. custody. After a decade of imprisonment, Abu Zubaida has<br />
never been charged with a crime, much less found guilty. This week there was movement:<br />
Charges were unveiled — not against Abu Zubaida but against a senior government official<br />
involved in the CIA’s rendition program.<br />
The development occurred in Pol<strong>and</strong>, where the <strong>for</strong>mer head of the Polish intelligence<br />
services is charged with unlawful deprivation of liberty, abuse of office by a public official,<br />
unlawful corporal punishment (i.e., torture) <strong>and</strong> — notably — unlawful deprivation of access<br />
to a court of justice.<br />
Since 2007 Abu Zubaida has had an active habeas corpus case — brought by him against the<br />
U.S. government to challenge his detention. But in five years this case has not yielded any<br />
finding that Abu Zubaida is a danger to the United States. To the contrary, since my<br />
co-counsel <strong>and</strong> I first filed a discovery request in 2009, seeking access to the evidence in the<br />
government’s possession, his habeas case has been at a st<strong>and</strong>still. We have more than a dozen<br />
motions pending be<strong>for</strong>e the D.C. District Court, many of which have been waiting since 2009.<br />
We continue to await the production of the government’s evidence. We have repeatedly asked<br />
<strong>for</strong> a status conference, to move his case <strong>for</strong>ward. Each time the government has opposed our<br />
request.<br />
While Europe is moving <strong>for</strong>ward <strong>and</strong> seeking accountability from its officials <strong>for</strong> illegal<br />
conduct, the United States is not.<br />
We must ask why no charges have been brought against U.S. officials. But we must also ask<br />
why charges have never been brought against Abu Zubaida — <strong>and</strong> what is really known about<br />
my client.<br />
U.S. officials have said that Abu Zubaida was a senior al-Qaeda terrorist. They claimed that<br />
he was the “No. 3 man” in al-Qaeda, its chief of operations, who worked directly with Osama<br />
bin Laden. They said that he was personally involved in the Sept. <strong>11</strong>, 2001, attacks <strong>and</strong> every<br />
other major al-Qaeda operation <strong>and</strong> knew the details of future attack plans.<br />
But all of these assertions were wrong.<br />
Politics Opinions Local Sports National World Business Tech Lifestyle Entertainment Jobs More<br />
OPINIONS<br />
To the contrary, the government has explicitly conceded in Abu Zubaida’s habeas corpus case<br />
that he was never a member of al-Qaeda <strong>and</strong> had no knowledge of al-Qaeda operations. These<br />
allegations are not the basis on which the government requests that Abu Zubaida continue to<br />
be detained.<br />
While the media continue to parrot the early mischaracterizations, the U.S. government has<br />
quietly airbrushed every reference to him out of the charge sheets of other detainees.<br />
In September 2006, President George W. Bush announced that he was transferring Abu<br />
Zubaida from a secret prison, beyond the reach of the law, to the U.S. naval base at<br />
Guantanamo Bay, Cuba, so that he could be charged, prosecuted <strong>and</strong> brought to justice. Bush<br />
said that America had a duty to bring to justice those responsible <strong>for</strong> acts of terrorism. When<br />
President Obama took office, he said he would close Guantanamo <strong>and</strong> tasked officials with<br />
categorizing the detainees, identifying prisoners whom the government wanted to prosecute,<br />
those it wanted to release <strong>and</strong> those who could seek relief though habeas corpus.<br />
Despite having top-secret security clearance as Abu Zubaida’s counsel, I haven’t been allowed<br />
to see that list, so I don’t know which category the administration put Abu Zubaida in. What’s<br />
clear, un<strong>for</strong>tunately, is that this categorization system makes no difference to the fate of these<br />
men. Imprisonment at Guantanamo Bay is not about justice. More than half of the men still<br />
there were “cleared <strong>for</strong> release” years ago. Even prisoners who win their habeas cases or are<br />
found innocent of charges brought against them may remain at Guantanamo indefinitely.<br />
We must ask: If Abu Zubaida is a terrorist, why does the government refuse to charge him <strong>and</strong><br />
bring him to justice?<br />
The reason is: The government got it wrong. U.S. officials made hyperbolic assertions about<br />
Abu Zubaida <strong>and</strong> relied on these false allegations in their ef<strong>for</strong>ts to justify his rendition, secret<br />
detention <strong>and</strong> torture, as well as the torture of many others — acts that Europe, at least,<br />
admits are grave legal violations. By U.S. government reports, Abu Zubaida was waterboarded<br />
83 times in one month. And despite court orders to preserve evidence, the government<br />
We Recommend<br />
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April 13, 2012<br />
Detainee's Harsh Treatment Foiled No Plots<br />
March 29, 2009<br />
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1 of 3 3/8/2013 1:43 PM
Why hasn’t Abu Zubaida been tried? - Washington Post http://articles.washingtonpost.com/2012-03-28/opinions/35446508_1_qa...<br />
destroyed 90 videotapes of his torture <strong>and</strong> interrogations.<br />
People assume that the government has not prosecuted Abu Zubaida because he was tortured.<br />
But the government has admitted to waterboarding two other men, Khalid Sheik Mohammed<br />
<strong>and</strong> Abd al-Rahim al-Nashiri, both of whom face criminal prosecution.<br />
I have visited Abu Zubaida in Guantanamo every few months <strong>for</strong> three years. I am, along with<br />
prison guards, among the very few people with whom he is allowed to speak. But everything I<br />
know about him — as a person <strong>and</strong> about his legal case — is shrouded in secrecy. If I tell<br />
anyone anything that I’ve learned about Abu Zubaida from speaking with him directly, I risk<br />
imprisonment myself.<br />
When people ask me whether Abu Zubaida is guilty, I can say only: Isn’t it time we find out?<br />
The government has had 10 years to get its case together. Those who believe that Abu<br />
Zubaida is a terrorist should bring charges against him <strong>and</strong> allow him to defend himself.<br />
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Comments<br />
joanne_kh wrote:<br />
3/29/2012 7:58 PM EDT<br />
arcticredriver responds:<br />
4/1/2012 10:29 AM EDT<br />
Notes from a newly converted<br />
juicer<br />
The Secret to Cleaning Grout in Tile Floors<br />
Obama’s sequester deal-changer<br />
Why Isn't The Dodge Dart Selling?<br />
What has been -- <strong>and</strong> is being -- done to Abu Zubaida (<strong>and</strong> others in his position) is beyond shameful <strong>and</strong> despicable.<br />
I really don't have words to describe how angry <strong>and</strong> upset this makes me. What kind of "advanced democracy" does<br />
this to people!?<br />
I don't like injustice, either.<br />
But in discussions like this, it is important to recognize that many respondents who consider themselves<br />
patriotic Americans are nevertheless willing to ab<strong>and</strong>on the presumption of innocence, <strong>and</strong> thinking holding<br />
men without charge on untested allegations can be justified through claiming it is a necessary sacrifice<br />
required <strong>for</strong> public safety.<br />
I think the claim public safety requires torture, requires holding men without charge on untested allegations,<br />
is not supportable. I think, when looked at in detail, the public record shows holding men without charge on<br />
flimsy allegations, that taking confessions <strong>and</strong> denunciations wrung from captives through abuse or genuine<br />
torture at face value is not only unjust, but has put the public at much greater risk.<br />
Taking confessions wrung out from Ibn al Shaykh al Libi is the worst instance of the use of torture in all of<br />
human history, as believing those tortured confessions was a key trigger <strong>for</strong> the disastrous invasion of Iraq.<br />
(I covered this in more detail in an earlier comment.)<br />
2 of 3 3/8/2013 1:43 PM<br />
1
Ahmed Ajam<br />
ISN 326<br />
Citizenship: Syria<br />
Detained Since: 2002
Ahmed Ajam<br />
Ahmed Adnan Ajam is a 35-year-old man, born <strong>and</strong> raised in Aleppo, Syria. Ahmed grew up in com<strong>for</strong>table<br />
economic circumstances, in an open-minded family that exposed him to Western ideas <strong>and</strong> traditions.<br />
He spent many hours on his computer. He socialized with European visitors to Syria. He enjoyed Western<br />
music. He developed a fondness <strong>for</strong> pizza, burgers, <strong>and</strong> fries.<br />
Ahmed has a high school education. He speaks some English. He has a philosophical turn of mind <strong>and</strong> a<br />
keen sense of humor. For his m<strong>and</strong>atory two years of service in the Syrian military, Ahmed served as an aide<br />
to a high-ranking officer. This was an office job, per<strong>for</strong>ming secretarial duties.<br />
In his twenties, Ahmed began to feel that the life he was leading was shallow <strong>and</strong> unfulfilling. He wanted to<br />
deepen his Islamic faith <strong>and</strong> practice. He decided to visit Afghanistan, to see how that country implemented<br />
Islamic law, <strong>and</strong> to get help to become a better Muslim. He lived in Kabul <strong>for</strong> approximately <strong>11</strong> months.<br />
While living there, he volunteered <strong>for</strong> a charity organization, delivering food to the poor.<br />
In fall 2001, after the war started, Ahmed fled Kabul. He had been told that Arabs, if captured by the<br />
Northern Alliance, would be killed. Accompanied by several Syrian friends, he made his way through the<br />
mountains of Afghanistan to Pakistan, where the Pakistani authorities arrested him at the end of 2001. He<br />
was unarmed. He was transferred to Guantánamo in the winter of 2002.<br />
Syria has a consistent record of human rights abuses, including the use of torture in detention (which has<br />
resulted in death), arbitrary detention, prolonged detention without trial, <strong>and</strong> fundamentally unfair trials<br />
in the security courts.<br />
Amnesty International reported in 2005 that “[d]ozens of Syrians were reportedly arrested on their return<br />
from exile,” often because of “suspected … personal or family links with the Muslim Brotherhood” even<br />
when they had returned with the permission of the Syrian authorities. In recent years, the Supreme State<br />
Security Court has prosecuted many such people under Law 49 (1980), which makes affiliation with the<br />
Muslim Brotherhood punishable by death.<br />
It appears that Syrian authorities would consider Ahmed a threat simply because the United States has<br />
imprisoned him at Guantánamo. The ongoing upheaval <strong>and</strong> deadly repression in Syria emphasizes that he<br />
cannot return there. His only hope <strong>for</strong> freedom is that another country will receive him.
Mohammed al-Adahi<br />
ISN 33<br />
Citizenship: Yemen<br />
Detained Since: 2002
Mohammed al-Adahi<br />
Mohammed al-Adahi, born in 1962, is a Yemeni, whose case is emblematic of the way in which the D.C.<br />
Circuit Court has gutted habeas corpus of all meaning. Married with two children, al-Adahi had never left<br />
Yemen until July 2001, when he took a vacation from the oil company where he had worked <strong>for</strong> 21 years to<br />
accompany his sister to her wedding in Afghanistan. Afterwards, as he traveled through Pakistan to take a<br />
plane home, he was seized on a bus <strong>and</strong> sent to Guantánamo.<br />
In August 2009, Judge Gladys Kessler granted al-Adahi’s habeas corpus petition, ruling that the government<br />
had not established that, as alleged, he “was part of the inner circle of the enemy organization al-Qaeda,”<br />
even though there was “no question that the record fully supports the Government’s allegation that Petitioner<br />
had close familial ties to prominent members of the jihad community in Afghanistan,” <strong>and</strong> that his<br />
brother-in-law was, apparently, “a prominent man in K<strong>and</strong>ahar,” <strong>and</strong> even though it was “undisputed” that<br />
Osama bin Laden “hosted <strong>and</strong> attended [the] wedding reception in K<strong>and</strong>ahar,” <strong>and</strong> that al-Adahi “was<br />
briefly introduced to bin Laden.”<br />
Drawing on al-Adahi’s own statements, who she saw testify live from Guantánamo, Judge Kessler accepted<br />
that there was no reason to doubt his explanation about why he traveled to Afghanistan, <strong>and</strong> noted that he<br />
had freely admitted to briefly meeting Osama bin Laden. She also refused to accept his brief attendance at<br />
the al-Farouq training camp as evidence of anything sinister, acknowledging that he “pursued training at<br />
al-Farouq to satisfy ‘curiosity’ about jihad, <strong>and</strong> because he found himself in Afghanistan with idle time,” <strong>and</strong><br />
noting in particular that the camp leaders expelled him after seven to ten days “<strong>for</strong> failing to comply with<br />
the rules,” which included a ban on smoking.<br />
Other ludicrous allegations—that al-Adahi was an instructor at al-Farouq in February 2000 (18 months be<strong>for</strong>e<br />
his arrival in Afghanistan) <strong>and</strong> that he was a bodyguard <strong>for</strong> bin Laden—were dismissed because Judge<br />
Kessler identified that both claims had been made by a prisoner <strong>for</strong> whom “the record contains evidence<br />
that [he] suffered from ‘serious psychological issues,’” <strong>and</strong> another prisoner who “suffers from serious credibility<br />
problems that undermine the reliability of his statements.”<br />
Instead of releasing him, however, the government appealed <strong>and</strong>, in July 2010, Judge R<strong>and</strong>olph reversed<br />
Judge Kessler’s, ruling, which Judge R<strong>and</strong>olph described as “manifestly incorrect—indeed startling.” Judge<br />
R<strong>and</strong>olph claimed that Judge Kessler had considered each piece of evidence on its own merits, instead of as<br />
part of a whole, <strong>and</strong> described this as a “fundamental mistake that infected the court’s entire analysis.” Judge<br />
Kessler had, in fact, examined the evidence as part of what the government contended was a “mosaic” of<br />
intelligence, to be viewed as a whole, rather than being examined in isolation, but had found the “mosaic”<br />
to be unpersuasive. In a startling departure from precedent, Judge R<strong>and</strong>olph gave no credence to Judge Kessler’s<br />
opportunity to see al-Adahi testify live <strong>and</strong> subject to the government’s cross examination.<br />
Responding to the ruling, in which Judge R<strong>and</strong>olph also indicated that he believed the “preponderance”<br />
st<strong>and</strong>ard used in the habeas cases to be too high, one of Mohammed al-Adahi’s attorneys, John A. Ch<strong>and</strong>ler,<br />
“criticized the appeals court <strong>for</strong> reassessing the evidence being used to hold al-Adahi instead of assessing<br />
the trial court’s ruling <strong>for</strong> errors of law,” as was noted in an article at the time. Ch<strong>and</strong>ler explained, “The ap-
pellate court pretty clearly wanted to find he was al-Qaeda <strong>and</strong> substituted their judgment on the facts <strong>for</strong><br />
the judgment of the trial court, when the trial court is supposed to make decisions of fact.”<br />
These were entirely valid complaints, but disturbingly Judge R<strong>and</strong>olph has prevailed. Since his ruling in the<br />
case of Mohammed al-Adahi, every habeas corpus petition since July 2010 has been denied, as the lower<br />
court judges have been obliged to follow Judge R<strong>and</strong>olph’s order to give more credence to the government’s<br />
unverified allegations than they had been doing. In addition, five other successful petitions have been either<br />
reversed (like al-Adahi) or vacated, <strong>and</strong> sent back to the lower court to reconsider.
Sa’ad Muqbil Al-Azani<br />
ISN 575<br />
Jalal bin Amer<br />
ISN 564<br />
Suhail Abdu Anam<br />
ISN 569<br />
Citizenship: Yemen<br />
Detained Since: Spring 2002
Sa’ad Muqbil Al-Azani, Jalal bin Amer, Suhail Abdu Anam<br />
Sa’ad Muqbil Al-Azani, ISN 575, detained at Guantánamo since Spring of 2002.<br />
Jalal bin Amer, ISN 564, detained at Guantánamo since Spring of 2002.<br />
Suhail Abdu Anam, ISN 569, detained at Guantánamo since Spring of 2002.<br />
All three of these men were captured at the same time in February 2002 in Karachi, Pakistan. Mr. Al-Azani<br />
<strong>and</strong> Mr. bin Amer have been Cleared <strong>for</strong> Transfer by the Obama Task Force in 2009, but still they sit in<br />
detention, with no charges having ever been brought against them.<br />
For more in<strong>for</strong>mation, please contact:<br />
Darold W. Killmer<br />
KILLMER, LANE & NEWMAN, LLP<br />
1543 Champa St., Suite 400<br />
Denver, CO 80202<br />
(303) 571-1000<br />
dkillmer@kln-law.com
Ghaleb al-Bihani<br />
ISN 128<br />
Citizenship: Yemen<br />
Detained Since: 2002
GHALEB AL-BIHANI, ISN 128<br />
IN DIRE HEALTH & DETAINED FOR OVER A DECADE WITHOUT CHARGE<br />
Ghaleb Al-Bihani is a young man from Yemen who is in seriously ill health <strong>and</strong> who has been detained<br />
at Guantánamo <strong>for</strong> over a decade without any charge. 1 He has been imprisoned <strong>for</strong> <strong>11</strong> years <strong>and</strong> will<br />
continue to be held indefinitely—on the basis of allegations that he was an assistant cook <strong>for</strong> a group<br />
that no longer exists. Ghaleb sought justice all the way up to the U.S. Supreme Court, but that court, his<br />
last hope <strong>for</strong> legal redress in the United States, refused to hear his case in April 20<strong>11</strong>.<br />
Ghaleb lives with physical illness, including diabetes, <strong>and</strong> suffers from pain <strong>and</strong> psychological anguish.<br />
He recently expressed that the “current circumstances have become unbearable.” In his more hopeful<br />
moments, he imagines rebuilding a peaceful life beyond the prison walls. Despite his depression, he is<br />
trying to trying to learn languages <strong>and</strong> other skills to improve himself in detention, <strong>and</strong> still dreams of<br />
the chance to rebuild his life. He would accept both repatriation to his country or safe resettlement in a<br />
third country.<br />
Ghaleb’s health status<br />
Ghaleb has been described by the Joint Task Force Guantánamo (JTF-GTMO) as being “on a list of high<br />
risk detainees from a health perspective.” His ailments include Type 2 Diabetes, asthma, chronic<br />
migraine headaches, chronic neck <strong>and</strong> lower back pain, depression, <strong>and</strong> anxiety. His blood sugar level<br />
fluctuates dangerously, rising as high as 700. He has been hospitalized <strong>for</strong> weeks at a time over the past<br />
several months, <strong>and</strong> medical personnel at Guantanamo have told him they are gravely concerned about<br />
his health. Ghaleb’s physical <strong>and</strong> psychological health have declined markedly over the last several<br />
months, <strong>and</strong> his attorneys assess that he is now in critical condition.<br />
Ghaleb’s attempts to challenge his detention in U.S. courts<br />
In January 2009, Judge Richard Leon denied Ghaleb’s habeas petition, ruling that Ghaleb could continue<br />
to be detained indefinitely at Guantánamo without charge, on the basis of allegations that he was a<br />
kitchen aide <strong>for</strong> Arab <strong>for</strong>ces in Afghanistan supporting the Taliban in a local conflict against the<br />
Northern Alliance pre-9/<strong>11</strong>. In January 2010, the decision was affirmed by the D.C. Circuit in an<br />
opinion that disavowed the relevance of international law in determining the scope of the government’s<br />
detention authority—a position even the government rejects.<br />
1 Ghaleb’s Internment Serial Number (ISN) at Guantánamo is 128.
In August 2010, the full circuit court reviewed the January 2010 ruling, declining to endorse the claims<br />
about the irrelevance of international law, but affirming the denial of Ghaleb's habeas petition. In April<br />
20<strong>11</strong>, the Supreme Court, Ghaleb's last hope, denied his petition <strong>for</strong> certiorari. As a result, an alleged<br />
kitchen aide, who was never accused of having raised arms against U.S. or allied <strong>for</strong>ces, has lost <strong>11</strong><br />
years of his life at Guantanamo <strong>and</strong> continues to be held indefinitely.<br />
More in<strong>for</strong>mation<br />
Ghaleb Al-Bihani is represented by attorneys at the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>. For more<br />
in<strong>for</strong>mation, the Commission should contact:<br />
Pardiss Kebriaei<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
pkebriaei@ccrjustice.org<br />
(212) 614-6452
http://openchannel.nbcnews.com/_news/2013/03/07/17228617-non-lethal-round-fired-at-gitmo-detainees-in-soccer-field-inc<br />
'Non-lethal round' fired at Gitmo detainees in soccer field incident, US military<br />
confirms<br />
By Michael Isikoff, National Investigative Correspondent, NBC News<br />
Updated 22 hours ago NBCNews.com<br />
John Moore / Getty Images file Camp Delta in the Guantanamo Bay<br />
detention center in 2010.<br />
U.S. military officials<br />
confirmed Thursday<br />
that a guard at the<br />
U.S. detention facility<br />
at Guantanamo Bay<br />
last January fired a<br />
"non-lethal round" to<br />
disperse detainees<br />
after one of them<br />
sought to climb a<br />
fence <strong>and</strong> others<br />
threw rocks at the<br />
guard tower.<br />
No one was injured<br />
during the incident,<br />
which appears to be<br />
the first shooting<br />
involving rubber<br />
bullets in the <strong>11</strong>-year<br />
history of the<br />
Guantanamo facility.<br />
Nonetheless, it has<br />
fueled claims by defense lawyers – denied by camp officials – that the detainees have been engaged <strong>for</strong> weeks in<br />
widespread protests, including hunger strikes <strong>and</strong> refusing to sleep in their cells.<br />
The conflicting claims about conditions come as the detention facility in Cuba – which began under President<br />
George Bush in 2002 – is once again in the spotlight. Congressional Republicans, led by South Carolina Sen.<br />
Lindsey Graham , on Thursday sharply criticized the Obama administration <strong>for</strong> flying the recently captured<br />
Sulaiman Abu Ghaith , Osama bin Laden's son in law, to New York to st<strong>and</strong> trial in federal court rather than sending<br />
him to Guantanamo.<br />
Al-Qaida spokesman <strong>and</strong> bin Laden son-in-law captured<br />
“When it comes to people like this ... we want them to go to Gitmo to be held in military custody <strong>for</strong> interrogation<br />
purposes," Graham said in a news conference.<br />
But Obama administration officials say they have ruled out sending any more terror suspects to Guantanamo because<br />
it would undercut their intention to shut down the facility. On his first full day in office in January 2009, President<br />
Barack Obama vowed to close Guantanamo, but he has been blocked from doing so by Congress, leaving most of<br />
the 166 detainees remaining there in perpetual limbo – even though at least 55 of them have been publicly cleared<br />
<strong>for</strong> release by an administration task <strong>for</strong>ce consisting of U.S. intelligence agencies.<br />
The shooting incident , first reported by the Miami Herald,<br />
occurred on the grounds of a new $744,000 soccer <strong>and</strong><br />
recreation field that was opened last year <strong>and</strong> touted by base officials as an example of new <strong>and</strong> more permissive<br />
conditions at the facility. The new soccer field was featured in an NBC News report on Guantanamo last June.<br />
Read more at The Isikoff Files<br />
Page 1 of 3 08/03/2013 15:19 PM
http://openchannel.nbcnews.com/_news/2013/03/07/17228617-non-lethal-round-fired-at-gitmo-detainees-in-soccer-field-inc<br />
Navy Capt. Robert Dur<strong>and</strong>, chief public affairs spokesman at Guantanamo, told NBC News in an email that on the<br />
afternoon of Jan. 2, the incident occurred "after a detainee attempted to climb the fence" in the new recreation field<br />
<strong>and</strong> a "small crowd of detainees began throwing rocks at the guard tower."<br />
"After repeated warnings were ignored, the guard <strong>for</strong>ce was <strong>for</strong>ced to employ appropriate crowd-dispersal measures,<br />
in accordance with st<strong>and</strong>ard operating procedures," Dur<strong>and</strong> wrote.<br />
In response to follow-up questions, Dur<strong>and</strong> said that the measures involved the shooting of a "non-lethal round"<br />
consisting of "several small rubber balls with limited ability to penetrate skin <strong>and</strong> little ability to cause injury." One<br />
of these balls "hit a detainee," he added. (During a May 2006 disturbance at Guantanamo, guards fired pepper spray<br />
at detainees, Dur<strong>and</strong> said.)<br />
In<strong>for</strong>mation only began to emerge in recent weeks when some of the detainees began in<strong>for</strong>ming their lawyers –<br />
whose communications with their clients are tightly regulated. One detainee, Bashir al-Marwalah, wrote his New<br />
York lawyers in a letter received Feb. 22: "We are in danger. One of the soldiers fired on one of the brothers a<br />
month ago. Be<strong>for</strong>e that, they send the emergency <strong>for</strong>ces with M-16 weapons into one of the brothers' cell blocks."<br />
The letter, a copy <strong>and</strong> translation of which was obtained by NBC News, further alleged that a copy of the Quran had<br />
been "desecrated" during a search the day be<strong>for</strong>e <strong>and</strong> that guards were going from "cell block to cell block" <strong>and</strong><br />
taking away detainee possessions.<br />
"Now they want to return us to the darkest days under Bush. They said this to us. Please do something." the letter<br />
stated. It then concluded: "We asked that this be announced to the media so that people know what the Obama<br />
administration is doing to prisoners now. All the brothers are now on a hunger strike in protest of mistreatment <strong>and</strong><br />
the desecration of the Quran."<br />
The claims in the letter have been echoed in the last few days by lawyers <strong>for</strong> other detainees , who have said their<br />
clients have told them about large-scale hunger strikes – with some detainees "losing consciousness" <strong>and</strong> "coughing<br />
up blood." The claims of widespread hunger strikes have been vigorously denied by Guantanamo officials, who say<br />
there are now seven who are doing so – about the same number as have <strong>for</strong> the past year.<br />
Pardiss Kebriaei, a lawyer <strong>for</strong> the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>, said she spoke to one of her clients, Ghaleb<br />
Al-Bihani, also a Yemeni, by phone this week <strong>and</strong> he said he has refused food <strong>for</strong> a month. "He's dropped 23<br />
pounds, he’s a diabetic, <strong>and</strong> medical staff have told him his life is in danger," Kebriaei said.<br />
Kebriaei said her client told her that there is now a "mass hunger strike" in Camp 6 – the largest <strong>and</strong> most permissive<br />
of the camps at Guantanamo – <strong>and</strong> that all but two detainees are participating. In addition, she said, the detainees are<br />
protesting in other ways – by refusing to sleep in their cells, instead taking their mats outside <strong>and</strong> sleeping there. The<br />
trigger <strong>for</strong> the protests appears to be new restrictions <strong>and</strong> more comprehensive searches of cell blocks imposed by<br />
the new camp comm<strong>and</strong>er, Rear Adm. John Smith.<br />
Dur<strong>and</strong>, the Guantanamo spokesman, disputed the lawyers' claims across the board.<br />
“In broad terms, what we are seeing is a coordinated ef<strong>for</strong>t by detainees <strong>and</strong> their attorneys to take routine camp<br />
events <strong>and</strong> create a false picture of conditions," he wrote in an email. "Every day, to some degree, there are a few<br />
hunger strikers, a few detainees who assault or threaten guards. To describe the current conditions in the camp as<br />
'deteriorating' is patently false."<br />
He added: "Detainees, their attorneys, family members <strong>and</strong> sympathetic organizations routinely attempt to gain<br />
sympathy <strong>for</strong> detainees in the media by initiating <strong>and</strong> spreading falsehoods regarding conditions of detention,<br />
allegations of abuse by guards, denial of medical treatment, abuse of the Quran <strong>and</strong> reports of mass unrest or hunger<br />
striking. These tactics have been employed off <strong>and</strong> on since Joint Task Force Guantanamo opened in 2002."<br />
Read more from Open Channel:<br />
Iran was holding bin Laden son-in-law Abu Ghaith, US officials say<br />
Page 2 of 3 08/03/2013 15:19 PM
Ahmed al-Darbi<br />
ISN 768<br />
Citizenship: Saudi Arabia<br />
Detained Since: March 2003
Ahmed al-Darbi<br />
Ahmed al-Darbi, born in 1975, is a Saudi, who was seized as he tried to enter<br />
Azerbaijan in June 2002. Held <strong>for</strong> two months, he was transferred to U.S. custody<br />
in August 2002, <strong>and</strong>, as he explained in a court submission in July 2009,<br />
he was then flown to Bagram Air Base in Afghanistan, where he was held<br />
in isolation <strong>for</strong> two weeks, <strong>and</strong> subjected to sleep deprivation <strong>and</strong> the use of<br />
agonizingly painful stress positions. He also said that he was prohibited from<br />
praying, that his cell was very hot <strong>and</strong> brightly lit, <strong>and</strong> that loud music was<br />
regularly pumped into his cell.<br />
After two weeks, Ahmed was imprisoned with the general population at Bagram,<br />
but his abuse did not come to an end, as this was the period when at<br />
least two prisoners died at Bagram as a result of persistent, violent abuse by the guards. Ahmed’s complaints<br />
about his abuse during this period eventually surfaced in a trial at which a number of U.S. personnel received<br />
prison sentences, although none of the senior officials who sanctioned the abuse have been held<br />
accountable <strong>for</strong> their actions.<br />
In March 2003, Ahmed was moved to Guantánamo, but there too he was subjected to abuse, as one of the<br />
one in six prisoners subjected to the techniques approved by Donald Rumsfeld, according to the <strong>for</strong>mer<br />
interrogator who spoke to The New York Times in January 2005. As Ahmed described it: “Painfully loud<br />
music was often played in my cell. Sometimes they played a repetitive song composed of what sounded like<br />
a cat’s meow. It was very hard to sleep because the cells were chilled to extremely cold temperatures, <strong>and</strong><br />
there was extremely bright lighting <strong>and</strong> also the loud music.”<br />
As a result of the pressure exerted on Ahmed, which included threats that he “would be sentenced to death<br />
<strong>and</strong> executed,” or “would be tortured, raped, <strong>and</strong> sexually abused,” or “sent back to Bagram or to other<br />
countries,” he made numerous false statements, based on statements he had first made while being tortured<br />
in Afghanistan.<br />
Ahmed also described the longst<strong>and</strong>ing effects of his torture <strong>and</strong> abuse as follows: “To this day, I frequently<br />
feel anxious, depressed <strong>and</strong> worried. I feel not quite right, not quite like myself. I have recurring nightmares<br />
of the U.S. guards <strong>and</strong> interrogators from Bagram chasing me. Whenever anybody wakes me, I wake up<br />
screaming in shock <strong>and</strong> panic. I have headaches. I feel that I am emotionally unstable, <strong>and</strong> I know that I<br />
go through personality changes <strong>and</strong> mood swings, which were not typical <strong>for</strong> me be<strong>for</strong>e I came into U.S.<br />
custody. Sometimes I lose physical control.”<br />
During the Bush administration, Ahmed was put <strong>for</strong>ward <strong>for</strong> a trial by Military Commission, <strong>and</strong> in September<br />
2009, under President Obama, he had a pre-trial hearing, at which Ramzi Kassem, one of his attorneys,<br />
attempted to persuade the military judge, Army Col. James Pohl, to refuse to accept as evidence any<br />
of Ahmed’s <strong>11</strong>9 statements because, as he explained, they were obtained “through beatings, threats of rape,<br />
sleep <strong>and</strong> sensory deprivation, <strong>and</strong> sexual humiliation,” at Bagram <strong>and</strong> Guantánamo.<br />
The military commission charges against Ahmed were withdrawn <strong>and</strong> dismissed in 2009, then sworn out<br />
again in August 2012, with no movement since.
Mohammed al-Hamiri<br />
ISN 249<br />
Citizenship: Yemen<br />
Detained Since: February 2002
MOHAMMED AL-HAMIRI, ISN 249<br />
CLEARED YEMENI DETAINEE IN NEED OF URGENT RELEASE FROM GUANTÁNAMO;<br />
CLEARED FOR TRANSFER SINCE 2009<br />
Name: Mohammed Abdullah al-Hamiri, ISN 249<br />
Date of Birth: 1982<br />
Place of Birth: Yemen<br />
Residence: Jeddah, Saudi Arabia<br />
Family: Large family network in Jeddah, Saudi Arabia<br />
Education: Imam Sha'abi School, Jeddah, Saudi Arabia, St<strong>and</strong>ard 8<br />
Medical Status: Hunger-striking as of September 2012 <strong>and</strong> being <strong>for</strong>ce-fed; cranial fracture <strong>and</strong><br />
reconstructive metal plate in skull; chronic headaches <strong>and</strong> other adverse side effects<br />
Place of Detention: Guantánamo base hospital<br />
“The U.S. government has all the power in its<br />
h<strong>and</strong>s: If it wants us to walk out of Guantánamo<br />
on our feet, they can make it so. If they want us<br />
to leave Guantánamo in coffins, they can do that<br />
too.”<br />
-Mohammed al-Hamiri, September 24, 2012<br />
Repatriation/Resettlement Options: Mr. al-Hamiri should be returned to Jeddah, Saudi Arabia<br />
where his family has a home, financial resources, <strong>and</strong> has pledged to support him. He is now<br />
roughly 30 years old <strong>and</strong> wants nothing more than to regain his freedom <strong>and</strong> have the chance to<br />
begin rebuilding his life.<br />
1
SUMMARY<br />
Mohammed al-Hamiri is a 30 year old Guantánamo detainee who has been held without charge<br />
since 2002. He is cleared <strong>for</strong> release by President Obama’s Inter-Agency Task Force. Mr. al-<br />
Hamiri was transferred to the Guantánamo base hospital in September 2012, in the immediate<br />
wake of the death of Adnan Latif. Mr. al-Hamiri remains at the hospital under supervision. His<br />
continued detention – despite his clearance <strong>and</strong> his compromised health – is indefensible. The<br />
U.S. government must immediately release Mr. al-Hamiri <strong>for</strong> humanitarian reasons. He could be<br />
immediately <strong>and</strong> seamlessly reintegrated into his large family network in Jeddah, Saudi Arabia<br />
or returned to Yemen, his country of origin.<br />
BACKGROUND<br />
Mr. al-Hamiri is a Yemeni citizen <strong>and</strong> lifetime resident of Saudi Arabia. His father emigrated<br />
from Yemen more than thirty years ago. Mr. al-Hamiri comes from a large, stable, <strong>and</strong> devoted<br />
family. Mr. al-Hamiri’s mother, gr<strong>and</strong>parents, siblings <strong>and</strong> extended family all live in Jeddah.<br />
He enjoyed a nurturing upbringing there <strong>and</strong> was known <strong>and</strong> well-liked throughout his<br />
community.<br />
As a boy, Mr. al-Hamiri was injured in an accident that left him with a cranial fracture. His<br />
family took him to the Saudi-German Hospital in Jeddah <strong>for</strong> treatment. A reconstructive metal<br />
plate was inserted into Mr. al-Hamiri’s skull. Physicians at the Saudi-German Hospital<br />
instructed Mr. al-Hamiri that he would require follow-up treatment <strong>for</strong> his recovery to be<br />
complete. The cost was too prohibitive, however, <strong>and</strong> Mr. al-Hamiri did not return to the<br />
hospital <strong>for</strong> additional care. He subsequently suffered a second injury, which aggravated his<br />
condition.<br />
Mr. al-Hamiri traveled to Pakistan in 2001 in search of cheap medical care. While in Pakistan,<br />
he crossed the border into Afghanistan, but left in the wake of the U.S. invasion. He was<br />
subsequently arrested by Pakistani police <strong>and</strong> transferred to U.S. custody.<br />
The U.S. government has never alleged that Mr. al-Hamiri engaged in any acts of terrorism or<br />
that he engaged in any armed conflict. 1 The government’s reflexive allegation that Mr. al-<br />
Hamiri supported the Taliban <strong>and</strong> Al Qaeda rests on uncorroborated photographic identifications<br />
from a h<strong>and</strong>ful of current <strong>and</strong> <strong>for</strong>mer Guantánamo detainees. The government’s own records<br />
reveal that the credibility of each is severely compromised by a range of factors, including in one<br />
case by a government-diagnosed mental illness. For his part, Mr. al-Hamiri has stated<br />
emphatically that he traveled to the region <strong>for</strong> only one reason – to obtain medical care – <strong>and</strong> that<br />
he never fought, trained, or associated in any way with the Taliban or Al Qaeda. His statements<br />
have been consistent <strong>for</strong> more than ten years. The Inter-Agency Task Force cleared al-Hamiri<br />
<strong>for</strong> release in 2009.<br />
1 Mr. al-Hamiri’s petition <strong>for</strong> a writ of habeas corpus was argued be<strong>for</strong>e Judge Henry Kennedy in January 2010.<br />
The case was transferred to Judge Thomas Hogan on November 4, 20<strong>11</strong> after Judge Kennedy retired. A decision is<br />
still pending.<br />
2
MR. AL-HAMIRI’S CURRENT CONDITION AND NEED FOR URGENT RELEASE<br />
Mr. Al-Hamiri is on a hunger-strike at the Guantánamo base hospital under close medical <strong>and</strong><br />
psychological supervision. He has spent one-third of his life in arbitrary, indefinite detention at<br />
Guantánamo. Though the government conceded in 2009 that it no longer has an interest in<br />
detaining Mr. Al-Hamiri, he remains imprisoned with no end in sight. He is also acutely aware<br />
that, as a Yemeni, he currently st<strong>and</strong>s no chance of leaving Guantánamo – unless the government<br />
chooses to spare him. This is why he says that “the U.S. government has all the power in its<br />
h<strong>and</strong>s: If it wants us to walk out of Guantánamo on our feet, they can make it so. If they want us<br />
to leave Guantánamo in coffins, they can do that too.”<br />
The only workable solution that remains is <strong>for</strong> the government to implement its Task Force<br />
determination <strong>and</strong> immediately release Mr. Al-Hamiri. The government can no longer af<strong>for</strong>d to<br />
be indifferent to his suffering. To do so is reckless.<br />
LEGAL REPRESENTATION<br />
Mr. al-Hamiri is represented by attorneys at the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong> <strong>and</strong> Clif<strong>for</strong>d<br />
Chance US LLP. For more in<strong>for</strong>mation, the Commission should contact:<br />
Omar A. Farah<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
ofarah@ccrjustice.org<br />
(212) 614-6485<br />
Jeff Butler<br />
Clif<strong>for</strong>d Chance LLP<br />
Jeff.butler@clif<strong>for</strong>dchance.com<br />
(212) 878-8205<br />
3
Freedom or Death at Guantánamo<br />
By: <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong> Friday<br />
January 25, 2013 8:45 am<br />
by Omar Farah, staff attorney at the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>.<br />
Adnan Latif <strong>and</strong> Mohammed al-Hamiri arrived at Guantánamo through strikingly<br />
similar twists of fate. Adnan Latif is the most recent of nine men – four since<br />
President Obama took office – to die in U.S. custody at Guantánamo.<br />
Mohammed al-Hamiri is a Yemeni prisoner I have represented <strong>and</strong> visited since<br />
2008 who remains trapped at Guantánamo, housed at the prison’s medical clinic,<br />
fighting to stave off despair. Like all Guantánamo prisoners, he grapples daily<br />
with the haunting thought that he many never leave the isl<strong>and</strong> prison alive.<br />
January <strong>11</strong> marked <strong>11</strong> years since the first of these men arrived at Guantánamo,<br />
<strong>and</strong> this week marks four years since the president’s signing an executive order<br />
m<strong>and</strong>ating the closure of Guantanamo within the year. As we observe these<br />
anniversaries, I question what, if anything, the Obama administration learned<br />
from Adnan’s senseless death. For better or <strong>for</strong> worse, the answer will say a lot<br />
about what lies ahead <strong>for</strong> Mohammed.<br />
Both Adnan <strong>and</strong> Mohammed suffered severe injuries as boys that left them with<br />
cranial fractures. There is a noticeable scar under Mohammed’s hairline, <strong>and</strong> he<br />
suffers from chronic headaches caused by the reconstructive metal plates in his<br />
skull. Mohammed’s first round of treatment at the Saudi-German Hospital in<br />
Jeddah, Saudi Arabia is well documented. The necessary follow-up treatment<br />
was financially prohibitive, so, like Adnan, Mohammed traveled to Pakistan in<br />
search of cheap medical care.
Following the U.S. invasion of Afghanistan, Mohammed was arrested in Pakistan<br />
by local police. In that respect, his story <strong>and</strong> Adnan’s are typical. Since the<br />
prison first opened, the government has cynically perpetuated the myth that<br />
Guantánamo prisoners were “captured on the battlefield.” Nothing could be<br />
further from the truth: the troubling reality is that in the months after September<br />
<strong>11</strong>, the U.S. military ran a slipshod bounty system that offered h<strong>and</strong>some<br />
compensation to Afghan <strong>and</strong> Pakistani locals <strong>for</strong> turning over anyone who<br />
seemed out of place. That is how Adnan ended up at Guantánamo, <strong>and</strong> the<br />
circumstances surrounding Mohammed’s arrest point to the same explanation.<br />
Hooded <strong>and</strong> shackled, Mohammed was then rendered to Guantánamo in<br />
2002. He was just 19 or 20 years old. Since then, he has endured more than a<br />
decade of arbitrary, indefinite detention, with no end in sight. He has never been<br />
charged with a crime. He never will be. In 2009, he, like Adnan, was approved<br />
<strong>for</strong> release by unanimous consent of an Inter-Agency Task Force that President<br />
Obama convened. The Task Force included representatives from every military,<br />
law en<strong>for</strong>cement, <strong>and</strong> national security agency with a stake in detainee<br />
affairs. But within months, the President instituted a moratorium on transfers to<br />
Yemen, effectively rescinding Mohammed’s clearance in favor of a policy of<br />
crude collective punishment – one that bases the detention of Guantánamo’s<br />
Yemeni prisoners on citizenship alone.<br />
The results are at once shameful <strong>and</strong> predictable: it has been 30 months since a<br />
Yemeni has been repatriated or resettled. Of the 166 prisoners who remain at<br />
Guantánamo, roughly 90 are from Yemen. Fifty-six Yemenis are already cleared<br />
<strong>for</strong> transfer – 57 be<strong>for</strong>e Adnan died.<br />
Death is rapidly becoming the only way out of Guantánamo. That is the<br />
inevitable byproduct of the administration’s inaction. It is a chilling fact that is not<br />
lost on Mohammed, who was housed in a cell near Adnan, his dear friend <strong>and</strong><br />
countryman. It was there, in the harsh, isolative conditions of Camp V, that<br />
Mohammed came face-to-face with the grim toll indefinite detention takes on the<br />
men at Guantánamo. That is where his path <strong>and</strong> Adnan’s parted. It is no<br />
wonder that Mohammed is – in his words – at a “breaking point.”<br />
But Mohammed’s continued torment is unnecessary: President Obama has the<br />
power to free him with the stroke of a pen. He should do so immediately, or<br />
history will not judge him kindly. The cost of delay has never been so high or<br />
potentially irrevocable. The president now confronts a grave moral<br />
question: had he <strong>for</strong>eseen Adnan’s death, would he have done anything<br />
differently? For Mohammed’s sake, <strong>and</strong> <strong>for</strong> the others languishing at<br />
Guantánamo, I hope the answer is yes.
Sharqawi Ali al-Hajj<br />
ISN 1457<br />
Citizenship: Yemen<br />
Detained Since: February 2002
Sharqawi Ali al-Hajj<br />
Sharqawi Ali al-Hajj, born in 1974, is a Yemeni, who was seized in a house raid in Karachi, Pakistan in February<br />
2002. Initially questioned by American interrogators, he freely answered questions about his business<br />
in Pakistan, explaining that he was doing what he could to help Yemeni refugees. He was promised that, if<br />
he continued to answer questions, he could go home to Yemen. However, his transfer to Jordan came about<br />
because, as his attorney, John A. Ch<strong>and</strong>ler, explained, “The CIA lied about his going home; it decided to<br />
torture Sharqawi in the hope that they might get more in<strong>for</strong>mation from him.”<br />
Sharqawi then became one of at least 15 prisoners whose torture was outsourced to the Jordanian authorities<br />
between 2001 <strong>and</strong> 2004. Prior to his rendition, his Pakistani guards told him, “May your mother pray<br />
<strong>for</strong> you,” <strong>and</strong> other such exhortations, knowing that he was on his way to the Jordanian secret police. In<br />
Jordan, he was held <strong>for</strong> over almost two years.<br />
In Jordan, Sharqawi was again told that, if he cooperated, he could go home. The cooperation, it soon became<br />
apparent, involved obtaining in<strong>for</strong>mation from him about prisoners held in Guantánamo, but there<br />
was no way he could please his captors, <strong>and</strong> no way that he was going home.<br />
As John Ch<strong>and</strong>ler also explained, “Sharqawi was shown pictures of men who he later met in Guantánamo.<br />
He was asked a series of questions from Americans posed by his Jordanian captors. If his answers were not<br />
satisfactory, he would be beaten <strong>and</strong> threatened with electrocution. He r<strong>and</strong>omly identified men as terrorists<br />
<strong>and</strong> was beaten. He identified every third man as a terrorist <strong>and</strong> was beaten. No answers were satisfactory.”<br />
Tortured daily <strong>for</strong> nine months, Sharqawi was subjected to falanga, a Jordanian specialty, in which the sensitive<br />
nerve endings on the bottom of his feet were struck repeatedly, causing excruciating pain. He was also<br />
held in isolation, kept naked in the cold, threatened with rape, <strong>and</strong> subjected to electric shocks.<br />
Afterwards, <strong>for</strong> another year <strong>and</strong> a half, Sharqawi was moved to another part of the facilities in Jordan,<br />
where the torture ceased, <strong>and</strong>, he said, the guards treated him well <strong>and</strong> occasionally lent him a cell phone<br />
to call home.<br />
Rather than sending him home, however, the CIA chartered a plane (Tail No. N313P), which flew from<br />
Frankfurt, Germany, to Amman, Jordan, <strong>and</strong> picked him up <strong>and</strong> delivered him to Bagram, where, yet again,<br />
he was promised that, if he cooperated, he could go home. Instead, Sharqawi was kept in a 2 foot by 3 foot<br />
closet <strong>for</strong> several days be<strong>for</strong>e a female interrogator from the Naval Criminal Investigative Service came to<br />
question him, <strong>and</strong> who later followed him to Guantánamo.<br />
Here is what Pro Publica has written about Sharqawi <strong>and</strong> another Guantanamo prisoner, Uthman. The US<br />
produced statements by Sharqawi to use as evidence against Uthman based on the agent’s summaries of the<br />
two, four-hour interviews she conducted with Sharqawi at Bagram <strong>and</strong> Guantanamo.<br />
“The statements are quite damning on their faces,” wrote Judge Kennedy of the United States District Court<br />
<strong>for</strong> the District of Columbia. But they were problematic. He said the statements were not reliable because<br />
they were obtained after the men had been tortured.
“In light of the abusive circumstances of the detention . . . <strong>and</strong> serious questions about the accuracy of their<br />
identifications of Uthman, the Court finds these statements to be unreliable <strong>and</strong> will not consider them<br />
in evaluating whether the detention of Uthman is lawful,” Kennedy wrote. Further, under the subheading<br />
“Torture,” Judge Kennedy said the Court could not rely on their statements “because there is unrebutted<br />
evidence in the record that, at the time of the interrogations at which they made the statements, [Sharqawi]<br />
recently had been tortured.”<br />
Joanne Mariner, the director of the counterterrorism program at Human <strong>Rights</strong> Watch, investigated<br />
Sharqawi’s treatment while in Jordanian custody.<br />
“I agree with the judge,” she said. “There is no doubt he was very seriously tortured in Jordanian custody<br />
which is why he was sent there. He was just sent there because at that time, the CIA was still outsourcing<br />
the most brutal methods of torture. This was be<strong>for</strong>e the CIA had set up its own prison system <strong>and</strong> was still<br />
working out authorization <strong>for</strong> the use of abusive techniques,” Mariner said.<br />
In his habeas case, the Court found that Sharqawi had been tortured. Chief Judge Royce Lamberth found:<br />
“At the outset, the Court finds that respondents-who neither admit nor deny petitioner’s allegations<br />
regarding his custody in Jordan <strong>and</strong> Kabul-effectively admit those allegations. Accordingly,<br />
the Court accepts petitioner’s allegations as true. In Jordan, petitioner experienced patent<br />
coercion during interrogations-including intimidation, regular beatings, <strong>and</strong> threats of electrocution<br />
<strong>and</strong> violence. In Kabul, he was <strong>for</strong>ced to endure complete darkness <strong>and</strong> continuous loud<br />
music. The Court thus finds that petitioner was subject to physical <strong>and</strong> psychological coercion<br />
in Jordan <strong>and</strong> Kabul” Sharqawi abdu ali Al Hajj, Civil Action No 09-745 (RCL), June 8, 20<strong>11</strong>.<br />
As John Ch<strong>and</strong>ler also observed, “After years of torture, an FBI clean team came in to start interrogations<br />
anew in the hope of obtaining in<strong>for</strong>mation that was admissible <strong>and</strong> not the product of torture. The Courts,<br />
however, have held that torture after Karachi excludes all his interrogations. Nearly 10 years later, Sharqawi<br />
sits in Guantánamo. His health is ruined by his treatment by or on behalf of our country. He can eat little<br />
but yogurt. He weighs perhaps 120 pounds. The United States of America has lost its way.”
Sanad al-Kazimi<br />
ISN 1453<br />
Citizenship: Yemen
Sanad al-Kazimi<br />
Sanad al-Kazimi, born in 1970, is a Yemeni, who was seized in the United Arab Emirates in January 2003,<br />
<strong>and</strong> was subsequently h<strong>and</strong>ed over to U.S. <strong>for</strong>ces, <strong>and</strong> was rendered to an unidentified secret CIA prison,<br />
<strong>and</strong> then to the “Dark Prison” <strong>and</strong> Bagram Air Base. During this period, he told his attorney, Martha<br />
Rayner, that “his interrogators beat him; held him naked <strong>and</strong> shackled in a cold dark cell; dropped him into<br />
cold water while his h<strong>and</strong>s <strong>and</strong> legs were bound; <strong>and</strong> sexually abused him.”<br />
After this Sanad was relocated to the “Dark Prison,” where, he said, “he was always in darkness <strong>and</strong> ... was<br />
hooded, given injections, beaten, hit with electric cables, suspended from above, made to be naked, <strong>and</strong><br />
subjected to continuous loud music.” He told Martha Rayner that eventually “[h]e made up his mind to say<br />
‘Yes’ to anything the interrogators said to avoid further torture.”<br />
At Bagram, he said, he was isolated, shackled, “psychologically tortured <strong>and</strong> traumatized by guards’ desecration<br />
of the Koran” <strong>and</strong> interrogated “day <strong>and</strong> night, <strong>and</strong> very frequently.” He added that he “tried very<br />
hard” to tell his interrogators the same in<strong>for</strong>mation he had told his previous interrogators “so they would<br />
not hurt him.”<br />
In August 2007, Ramzi Kassem, another of Sanad’s attorneys, added further details, telling Jane Mayer of<br />
The New Yorker that Sanad was “suspended by his arms <strong>for</strong> long periods, causing his legs to swell painfully<br />
... It’s so traumatic, he can barely speak of it. He breaks down in tears.” He also said that Sanad stated<br />
that, “while hanging, he was beaten with electric cables,” <strong>and</strong> explained that he also told him that, while in<br />
the “Dark Prison,” he “attempted suicide three times, by ramming his head into the walls.” Ramzi Kassem<br />
added, “He did it until he lost consciousness. Then they stitched him back up. So he did it again. The next<br />
time he woke up, he was chained, <strong>and</strong> they’d given him tranquillizers. He asked to go to the bathroom, <strong>and</strong><br />
then he did it again.” On this last occasion, he “was given more tranquilizers, <strong>and</strong> chained in a more confining<br />
manner.”
Musa’ab Al Madhwani<br />
ISN 839<br />
Citizenship: Yemen<br />
Detained Since: October 2002
Musa’ab Al Madhwani<br />
Musa’ab Al Madhwani was everybody’s favorite kid in school, <strong>and</strong> his nieces’<br />
<strong>and</strong> nephews’ favorite uncle. Musa’ab was the class clown, now <strong>for</strong>ced to<br />
quickly grow up. He has been imprisoned at the U.S. Naval Station in Guantánamo<br />
Bay, Cuba <strong>for</strong> virtually his entire adult life.<br />
Musa’ab was captured by Pakistani police in September 2002, while trying to<br />
get home to his native Yemen. He was severely beaten by Pakistani authorities,<br />
<strong>and</strong> then taken to two CIA-run torture prisons in Afghanistan. At the<br />
“Dark Prison”—so known because prisoners were held in permanent darkness—Musa’ab<br />
<strong>and</strong> others were held in squalid conditions, deprived of food <strong>and</strong> clean water, bombarded<br />
with loud music <strong>and</strong> horrible noises, <strong>and</strong> otherwise physically <strong>and</strong> mentally tortured in ways that seem<br />
unimaginable.<br />
Musa’ab was then sent to Guantánamo, where the only opportunity he had to tell of his treatment came in<br />
2005, when a military official asked him during a review board hearing, “Are you holding anything back<br />
from the interrogators?” He replied, “That is impossible, because be<strong>for</strong>e I came to the prison in Guantánamo<br />
Bay I was in another prison in Afghanistan, under the ground [<strong>and</strong>] it was very dark, total dark,<br />
under torturing <strong>and</strong> without sleep. It was impossible that I could get out of there alive. I was really beaten<br />
<strong>and</strong> tortured.” Under the coercion of torture, Musa’ab made false confessions that are now used to justify<br />
his imprisonment. But even the most unthinkable persecution has not crushed his love of life. Musa’ab now<br />
uses his comedic gift to try <strong>and</strong> lighten the hearts of the men with whom he is imprisoned.<br />
Astoundingly, when Federal District Court Judge Thomas F. Hogan ruled against Musa’ab’s habeas petition<br />
in December 2009, Musa’ab’s first response was to com<strong>for</strong>t his grief-stricken lawyers. And we were griefstricken;<br />
it is still impossible to underst<strong>and</strong> how any rational court could have ruled against this innocent<br />
man. Inexplicably, Judge Hogan predicated his ruling on Musa’ab’s own statements made in the coercive<br />
Guantánamo review board hearings, while ruling that the numerous additional coerced statements Musa’ab<br />
had made to interrogators shortly after his arrival at Guantánamo were legally unreliable. These, he said,<br />
were tainted by torture, but he refused to accept that the same was true of Musa’ab’s later coerced statements,<br />
despite ample evidence to the contrary.<br />
The notion that Musa’ab could be labeled a “terrorist” is inconceivable to all who know him. Even the<br />
judge who ruled against him found that Musa’ab is not a threat to the United States. Repeatedly questioning<br />
whether there is any real basis <strong>for</strong> his continued detention, Judge Hogan found that Musa’ab’s record,<br />
including the government’s own documents, “do[es] not give any basis <strong>for</strong> his continued detention” but instead<br />
shows he is “a lot less threatening” than scores of detainees the government had recently released. The<br />
court agreed with an official government agent’s own assessment of Musa’ab as a young, naive, unemployed<br />
Yemeni who should be returned home. But despite these explicit findings, Judge Hogan believed his “h<strong>and</strong>s<br />
[were] tied” by the “law as written,” which he interpreted as requiring him to approve Musa’ab’s continued<br />
detention.
In spite of these profound injustices, Musa’ab does not blame the American people <strong>for</strong> any of the treatment<br />
he has suffered, <strong>and</strong> holds no grudge against them. The generosity of Musa’ab’s character is reflected, too,<br />
in every member his family. His family is very poor, yet during our visit with them in Yemen, his brother<br />
insisted on buying us gift after gift, <strong>and</strong> his sister gave me the clothes out of her own closet. Now, Musa’ab’s<br />
eyes cloud with sentimentality when I visit wearing his sister’s dress. He may well never see her, or the rest<br />
of his family, again. Memories of Musa’ab fade from the minds of his nieces <strong>and</strong> nephews. But even as our<br />
legal system has been perverted to the point of futility <strong>and</strong> my value to him as a lawyer has run dry, I will<br />
continue to visit Musa’ab, as he has become a part of my family.<br />
—Mari Newman, Counsel <strong>for</strong> Musa’ab
Hussain Salem<br />
Mohammed Almerfedi<br />
ISN 1015<br />
Citizenship: Yemen<br />
Detained Since: May 2003
Hussain Salem Mohammed Almerfedi (ISN 1015)<br />
Hussain Almerfedi was born in southern Yemen in 1977. He sought to leave Yemen <strong>and</strong> travel to Europe<br />
to escape the poverty <strong>and</strong> oppression in southern Yemen. Believing it would be difficult to get a visa from<br />
Yemen to a European country, Hussain planned to travel to Pakistan <strong>and</strong> then to Europe with individuals<br />
from a well-known <strong>and</strong> apolitical Islamic religious group called Jama’at al-Tablighi (“JT”). Hussain left Yemen<br />
<strong>for</strong> Pakistan on September 9, 2001.<br />
After the attacks of September <strong>11</strong> made it impossible to travel to Europe with a missionary group, Hussain<br />
accepted a man’s offer to “smuggle” him from Pakistan to Europe, via Iran <strong>and</strong> Turkey. The men traveled<br />
by bus to Mashad, a large city in eastern Iran, where Hussain waited <strong>for</strong> a month. He grew impatient <strong>and</strong><br />
confronted his smuggler. They left <strong>for</strong> Europe the next day. In Tehran, they were stopped by Iranian police,<br />
who arrested Hussain purportedly because he did not have a visa. The smuggler was not arrested, <strong>and</strong> Hussain<br />
never saw him again.<br />
The Iranians held Hussain in various prisons, beat him <strong>and</strong> accused him of being a spy <strong>for</strong> the United States.<br />
In about March 2002 they turned him <strong>and</strong> other prisoners over to the United States as part of a “prisoner<br />
exchange.” The United States held him in Afghanistan until May 2003 when he was sent to Guantánamo.<br />
Hussain was approved <strong>for</strong> transfer from Guantánamo under the “Administrative Review Board” procedures<br />
used during President Bush’s administration as well as by the unanimous decision of President Obama’s<br />
Guantánamo Review Task Force. In July 2010, District Judge Paul L. Friedman granted Hussain’s petition<br />
<strong>for</strong> a writ of habeas corpus in part based on his finding that a detainee named Jadani, on whose statements<br />
the government principally relied, was incredible <strong>and</strong> wholly unreliable.<br />
In June 20<strong>11</strong>, the D.C. Circuit Court of Appeals reversed Judge Friedman’s decision <strong>and</strong> ordered that Hussain’s<br />
petition be denied. The Court of Appeals held that the government had satisfied its burden on the<br />
strength of three facts alone: (1) Hussain spent from September to November 2001 in the company of JT;<br />
(2) Hussain traveled the “wrong way” in Iran, i.e., away from Europe rather than toward it; <strong>and</strong> (3) Hussain<br />
allegedly had a “large, unexplained” amount of cash on his person when the Iranians arrested him. The<br />
Court of Appeals then placed a burden on Hussain to offer a more persuasive explanation <strong>for</strong> these facts,<br />
but held that he had failed to do so. The Court of Appeals also found Jadani reliable but claimed not to rely<br />
directly on his statements.<br />
The Supreme Court of the United States denied Hussain’s petition <strong>for</strong> certiorari in June 2012. In October<br />
2012, Judge Friedman denied Hussain’s motion <strong>for</strong> reconsideration, which was based on belated disclosures<br />
that further undermined Jadani’s credibility.
Saad Al Qahtani<br />
ISN 200<br />
Citizenship: Saudi Arabia<br />
Detained Since: January 2002
Saad Al Qahtani<br />
Saad Al Qahtani, ISN 200, was one of the first prisoners taken to<br />
Guantánamo <strong>and</strong> held in an open-air cage in Camp X-Ray. He arrived<br />
at Guantánamo on January 16, 2002, <strong>and</strong> he remains there today –<br />
even though United States military, law en<strong>for</strong>cement, <strong>and</strong> intelligence<br />
officials decided many years ago that he should be sent back to his<br />
home country of Saudi Arabia.<br />
Saad is 34 years old, <strong>and</strong> he has spent one-third of his life detained<br />
without charge at Guantánamo. He is bright, engaging, <strong>and</strong> speaks at<br />
least six languages fluently. While at Guantánamo, he taught himself<br />
to speak, read, <strong>and</strong> write English. Saad’s extraordinary language skills <strong>and</strong> his ability to mediate disputes<br />
between prison staff <strong>and</strong> other prisoners have made him a favorite among his guards <strong>and</strong> interrogators.<br />
Saad’s father died when he was eight years old, <strong>and</strong> his mother <strong>and</strong> gr<strong>and</strong>mother raised him <strong>and</strong> his five<br />
siblings in Khamis Mushayt, Saudi Arabia. Saad’s mother <strong>and</strong> his gr<strong>and</strong>mother both died in November<br />
2007. As of that time, Guantánamo prisoners were not allowed to speak with their families by telephone or<br />
videoconference. As a result, his mother was unable to see Saad or hear his voice in the last 5½ years of her<br />
life. Saad <strong>and</strong> his siblings are extremely close, <strong>and</strong> the family anxiously awaits Saad’s return home.<br />
Saad is not <strong>and</strong> has never been a threat to the United States or its allies. He has never engaged in hostilities<br />
or combat operations, never fired a weapon at anyone, <strong>and</strong> never had any intention of taking up arms<br />
against the United States or its allies. Long be<strong>for</strong>e September <strong>11</strong>, 2001, Saad travelled to Afghanistan because<br />
he was curious about the Taliban government (recognized by his home country as legitimate), <strong>and</strong><br />
because he wanted to help the Afghan people, who had endured decades of war. The only time Saad fought<br />
anyone was when he intervened to stop Taliban soldiers from beating an Afghan truck driver. Unwilling to<br />
participate in the fighting that erupted in Afghanistan during the second half of 2001, Saad made his way<br />
to Pakistan, went to the first police station he could find, <strong>and</strong> asked <strong>for</strong> help in returning home. Instead<br />
the Pakistanis turned Saad over to U.S. <strong>for</strong>ces, who were then offering generous bounties <strong>for</strong> <strong>for</strong>eigners<br />
captured in Afghanistan <strong>and</strong> Pakistan. Saad was transported to K<strong>and</strong>ahar prison <strong>and</strong> then to Guantánamo.<br />
Over the past eleven years, numerous American guards <strong>and</strong> interrogators have told Saad that his release<br />
from Guantánamo was imminent. Within the first year of his imprisonment, United States <strong>and</strong> Saudi authorities<br />
determined that Saad did not belong in Guantánamo. The Administrative Review Board established<br />
under the Bush Administration approved Saad to return to his home country in 2008. In 2009, the<br />
Review Task Force established by President Obama also determined unanimously that Saad should be<br />
repatriated. Saudi government officials told Saad <strong>and</strong> his family in the spring <strong>and</strong> summer of 2012 that he<br />
would return home very soon, <strong>and</strong> guards told Saad the same thing. Because of these repeated promises<br />
of release from Guantánamo, Saad agreed to stay the court proceedings on his petition <strong>for</strong> habeas corpus.<br />
Saad refuses to complain about the harsh <strong>and</strong> degrading treatment he has received at the h<strong>and</strong>s of U.S.<br />
<strong>for</strong>ces in K<strong>and</strong>ahar <strong>and</strong> at Guantánamo. Having suffered from depression <strong>and</strong> insomnia <strong>for</strong> several years,
Saad is now sinking into despondency over the repeatedly broken promises to release him from Guantánamo.<br />
Saad wants only to return to his family <strong>and</strong> homel<strong>and</strong> where he can continue his studies, work, get<br />
married, <strong>and</strong> resume his life.<br />
Patricia A. Bronte
Abdul Rahman Al-Qyati<br />
ISN 461<br />
Citizenship: Yemen<br />
Detained Since: 2002
Abdul Rahman Al-Qyati<br />
His face is gentle, <strong>and</strong> somehow, after nearly ten years of imprisonment, serene <strong>and</strong> friendly. His hair <strong>and</strong><br />
beard have grayed just a bit over the five years that we have known one another—too much so <strong>for</strong> a young<br />
man in his 30’s—but he is attractive <strong>and</strong> . . . gentle. He is a humble man, fond of poetry. He used to write his<br />
own poetry, but does not much anymore. He wrote a poem about birds <strong>for</strong> my young daughter, but the U.S.<br />
Government—which insists on calling him “ISN 461” instead of by his name—ordered that it remain classified,<br />
so she has never seen her poem. His perspectives on life <strong>and</strong> circumstance are a true inspiration to<br />
me. His ability to accept the profoundly perverse fate foisted upon him is bewildering to me. He still laughs<br />
easily. He is my friend now, as much as my client.<br />
Abdul Rahman was born <strong>and</strong> raised in Saudi Arabia, but because his father was born in Yemen, he is considered<br />
a Yemeni by the U.S. officials imprisoning him. This makes all the difference, as most of the Saudi<br />
detainees have long ago been released back to their country as a result of political deal-making. Yemenis,<br />
however, are given especially unfavorable treatment at Guantánamo. There is a presidential directive currently<br />
in place prohibiting the release of any Yemeni detainees, even if they have been “cleared <strong>for</strong> transfer”<br />
after executive review of their files. So Abdul Rahman sits, imprisoned <strong>and</strong> innocent. The only “evidence”<br />
the U.S. claims against him comes from “confessions” extracted from him under brutal, unimaginable, inhuman<br />
torture inflicted upon him by American agents following his capture at a mosque in Afghanistan. In<br />
other words, there is no credible evidence against him at all.<br />
Abdul Rahman is an innocent man. His unjust imprisonment threatens to silence the poetic voice of a beautiful<br />
man. Still, he remains gentle. I can only hope that my own children develop the character <strong>and</strong> serenity<br />
that he consistently demonstrates.<br />
—Darold Killmer, Counsel <strong>for</strong> Abdul-Rahman
Ali Hussein al-Shaaban<br />
ISN 327<br />
Citizenship: Syria<br />
Detained Since: June 2002
Ali Hussein al-Shaaban<br />
Ali Hussein al-Shaaban, born in 1982, is a Syrian who, as his attorney, Michael<br />
E. Mone, Jr. explains, “is stuck in Guantánamo because he cannot be safely<br />
returned to his native Syria, <strong>and</strong> no third country has yet to step <strong>for</strong>ward to<br />
grant him refuge.” He faces persecution if repatriated, <strong>and</strong> over the years his<br />
interrogators have repeatedly threatened him with rendition to Syria. “You<br />
know what the Syrians will do to you if you go back there,” interrogators have<br />
told him. “You must cooperate with us or we will send you to them.”<br />
Even be<strong>for</strong>e the “Arab Spring,” prisoners could not be safely returned to Syria<br />
because of the Assad regime’s brutal use of torture. In May 2010, the United Nations Committee Against<br />
Torture stated that it was “deeply concerned about numerous, ongoing, <strong>and</strong> consistent allegations concerning<br />
the routine use of torture by law en<strong>for</strong>cement <strong>and</strong> investigative officials” in Syria. Now, with the Assad<br />
regime desperately clinging to power while blaming “criminal terrorist thugs” <strong>for</strong> the uprising, the stigma of<br />
his years of imprisonment at Guantánamo Bay will undoubtedly follow Ali home with dire consequences.<br />
Not that he has any interest in ever returning to Syria. According to his attorney, “Ali looks at the utter<br />
chaos <strong>and</strong> widespread suffering going on in Syria right now <strong>and</strong> he wants no part of it.”<br />
In 2009 Ali was cleared <strong>for</strong> release by the Obama Administration’s Guantánamo Review Task Force, a determination<br />
which only serves as further proof that Ali was not a terrorist but simply in the wrong place at<br />
the wrong time, another of Guantánamo’s many mistakes.<br />
After graduating from high school, Ali wanted to see some of the world be<strong>for</strong>e attending university. He traveled<br />
to Afghanistan where he lived in Kabul with three other young Syrian men <strong>and</strong> studied the Koran at a<br />
local school. When war broke out he fled to Pakistan, along with thous<strong>and</strong>s of other refugees. Ali was not<br />
captured on the battlefield, nor was he armed. Rather, because he was an Arab, Pakistani authorities seized<br />
him at the border <strong>and</strong> h<strong>and</strong>ed him <strong>and</strong> his three fellow countrymen over to the United States, probably in<br />
exchange <strong>for</strong> the generous cash bounties that were being offered by the U.S. military to their Afghan <strong>and</strong><br />
Pakistani allies. In June 2002, Ali was shackled, hooded, <strong>and</strong> flown to Guantánamo. He has been there ever<br />
since.<br />
Ali is an excellent c<strong>and</strong>idate <strong>for</strong> resettlement. He reads, writes <strong>and</strong> speaks fluent English, <strong>and</strong> is also committed<br />
to learning the native language of the country that accepts him, if another language is spoken there.<br />
He is eager to resume his academic pursuits upon release <strong>and</strong> study at a university. However, after years of<br />
working in his father’s metal shop making doors, window frames, <strong>and</strong> water tanks, he is a skilled welder<br />
<strong>and</strong> well prepared to find employment in construction or manufacturing. Ali is <strong>for</strong>tunate to be in very good<br />
physical <strong>and</strong> mental health. As he awaits a new home, he spends his days exercising, studying his English<br />
dictionary <strong>and</strong> reading the works of his favorite authors: John Grisham, S<strong>and</strong>ra Brown, <strong>and</strong> John Le Carré.<br />
While his time in Guantánamo Bay has certainly been hard, Ali bears no animosity towards the American<br />
people. His youth, intelligence, good health, <strong>and</strong> determination to live a peaceful <strong>and</strong> productive life point<br />
towards a successful integration. He wants nothing more than to live a normal life: to finish school, find a<br />
job, fall in love, <strong>and</strong> start a family. All he needs is <strong>for</strong> a third country to give him the chance to rebuild his<br />
life after years of abusive incarceration.
Djamel Ameziane<br />
ISN 310<br />
Citizenship: Algeria<br />
Detained Since: February 2002
Photo credits: <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
DJAMEL AMEZIANE<br />
ALGERIAN GUANTÁNAMO DETAINEE IN NEED OF HUMANITARIAN PROTECTION;<br />
CLEARED FOR TRANSFER SINCE OCTOBER 2008<br />
Date of Birth: April 14, 1967<br />
Place of Birth: Algiers, Algeria<br />
Citizenship: Algerian<br />
Ethnicity: Berber<br />
URGENT PROTECTION REQUIRED:<br />
The Inter-American Commission on Human <strong>Rights</strong> of the<br />
Organization of American States issued urgent precautionary<br />
measures on August 20, 2008, requiring that all necessary<br />
measures be taken to ensure that Mr. Ameziane is not<br />
transferred or removed to a country where he would likely face<br />
torture or other persecution.<br />
On March 20, 2012, the Commission accepted jurisdiction to<br />
decide the merits of Mr. Ameziane’s human rights law claims,<br />
concluding in part that he would face a “substantial risk” of<br />
torture <strong>and</strong> abuse in Algeria.<br />
Education: Institut Hydraulique de Ksar Chellala, college diploma, 1991<br />
Languages: French, Arabic, English, German (limited)<br />
Family: Single; no children<br />
Prior Employment: Water <strong>and</strong> waste disposal technician; chef; salesman<br />
Prior Residences: Vienna, Austria; Montreal, Canada<br />
Medical Illness: None<br />
Criminal History: None<br />
Place of Detention: Camp 6, Guantánamo Bay (communal living reserved <strong>for</strong> “most compliant”<br />
detainees without security or disciplinary problems)<br />
Status: Detained at Guantánamo since February 2002; Cleared <strong>for</strong> release since October 2008<br />
Personal Interests: Football; cooking; drawing; writing; reading mystery<br />
novels <strong>and</strong> French fashion magazines <strong>for</strong> men
DJAMEL AMEZIANE<br />
ALGERIAN GUANTÁNAMO DETAINEE IN NEED OF HUMANITARIAN PROTECTION<br />
Overview<br />
Mr. Ameziane is a college-educated citizen of Algeria. An ethnic Berber, Mr. Ameziane fled his home country more<br />
than 20 years ago in order to escape escalating violence <strong>and</strong> insecurity, <strong>and</strong> in search of a better life. He traveled<br />
first to Austria, where he worked as a high-paid chef in an Italian restaurant, <strong>and</strong> then to Canada, where he sought<br />
political asylum <strong>and</strong> lived <strong>for</strong> five years but was ultimately denied refuge. Fearful of being deported to Algeria, <strong>and</strong><br />
faced with few options, Mr. Ameziane went to Afghanistan. He traveled to Afghanistan because it was the only<br />
country he could think of where, as a Muslim man, he might live peacefully <strong>and</strong> without constant fear of being<br />
returned to Algeria. He fled that country soon after the fighting began in October 2001, but was captured by a local<br />
Pakistani tribe. The tribe turned him over to Pakistani authorities, who apparently sold him to the U.S. military <strong>for</strong> a<br />
bounty, as was practice at the time. The Americans transported Mr. Ameziane first to the airbase at K<strong>and</strong>ahar,<br />
Afghanistan, <strong>and</strong> then to Guantánamo Bay, Cuba, where he remains imprisoned without charge or a judicial<br />
determination of the legality of his detention.<br />
Biography<br />
Mr. Ameziane was born in 1967 in Algiers to a close-knit family of four brothers <strong>and</strong> four sisters. He attended<br />
primary school, secondary school <strong>and</strong> university in Algeria. After obtaining a college diploma, he worked <strong>for</strong> the<br />
government as a supervisor responsible <strong>for</strong> supplying drinking water <strong>and</strong> waste disposal. Mr. Ameziane speaks<br />
French, English, <strong>and</strong> Arabic fluently. He also speaks some limited German.<br />
In 1992, Mr. Ameziane left Algeria to escape escalating instability <strong>and</strong> oppression under the one-party government<br />
then in power. He transited through Italy to Vienna, Austria, where he lived legally <strong>for</strong> several years. Mr. Ameziane<br />
began working as a dishwasher in Vienna, but his talent allowed him to rise quickly to become the highest-paid chef<br />
at Al Caminetto Trattoria, a well-known Italian restaurant. In 1995, following the election of a new government,<br />
more restrictive immigration policies kept him from extending or renewing his visa, <strong>and</strong> his work permit was denied<br />
without explanation. He was <strong>for</strong>ced to leave the country.<br />
Mr. Ameziane traveled directly to Canada because of its large French-speaking population <strong>and</strong> his belief that<br />
Canada’s immigration policy would be more favorable to him. Immediately upon his arrival, he told immigration<br />
officials that he wanted to apply <strong>for</strong> asylum because he was afraid of being deported to Algeria. As he awaited a<br />
decision, Mr. Ameziane obtained a temporary work permit <strong>and</strong> worked diligently <strong>for</strong> an office supply company <strong>and</strong><br />
<strong>for</strong> various restaurants in Montreal. His application was denied in 2000 <strong>for</strong> reasons that were not explained to him,<br />
<strong>and</strong> he was <strong>for</strong>ced to uproot his life <strong>and</strong> leave the country he had made his home <strong>for</strong> the past five years.<br />
Fearful of being <strong>for</strong>cibly returned to Algeria, <strong>and</strong> confronted with few options, Mr. Ameziane traveled to<br />
Afghanistan, where he felt he could live freely without discrimination as a Muslim man, <strong>and</strong> where he would not<br />
fear deportation to Algeria. He did not participate in any military training or fighting in Afghanistan, <strong>and</strong> soon after<br />
the war started he fled to escape the fighting. He was captured by local tribal authorities after crossing the border<br />
into Pakistan. They turned him over to Pakistani police, who turned him over to U.S. <strong>for</strong>ces <strong>for</strong> a bounty. Later, at<br />
Guantánamo, American soldiers told Mr. Ameziane that the Pakistanis sold prisoners to them <strong>for</strong> $2,000 each in<br />
Afghanistan, <strong>and</strong> <strong>for</strong> $5,000 each in Pakistan.<br />
Mr. Ameziane has never been alleged by the U.S. government to have engaged in any acts of terrorism. He has also<br />
consistently denied that he ever engaged in any acts of terrorism, or ever picked up a weapon or participated in any<br />
military training or fighting. In sum, he has never had any involvement with extremism, terrorism or any act of<br />
violence whatsoever. Tragically, he was nonetheless sent to Guantánamo Bay in early February 2002.
DJAMEL AMEZIANE<br />
ALGERIAN GUANTÁNAMO DETAINEE IN NEED OF HUMANITARIAN PROTECTION<br />
Imprisonment at Guantánamo<br />
For more than a decade, Mr. Ameziane has remained indefinitely detained at Guantánamo, despite being<br />
cleared <strong>for</strong> transfer by President Bush in October 2008 <strong>and</strong> again by the Obama Administration's<br />
Guantánamo Review Task Force in May 2009.<br />
As one of the first prisoners to arrive at Guantánamo, Mr. Ameziane was held in the now-infamous metal cages of<br />
Camp X-Ray. Starting in 2006, he was held <strong>for</strong> more than a year in solitary confinement in a small windowless cell<br />
in Camp 6, which the International Committee of the Red Cross described as more restrictive than “supermax”<br />
prison facilities in the United States. In addition to the inhumane conditions of his detention, he was subjected<br />
repeatedly to brutal acts of physical violence by military guards. In one unprovoked incident, guards sprayed him all<br />
over with cayenne pepper <strong>and</strong> then hosed down with water to accentuate the effect of the pepper spray <strong>and</strong> make his<br />
skin burn. They then held his head down <strong>and</strong> placed a running water hose between his nose <strong>and</strong> mouth, running it<br />
<strong>for</strong> several minutes over his face <strong>and</strong> suffocating him, repeating the operation several times. He wrote of that<br />
experience, “I had the impression that my head was sinking in water. Simply thinking of it gives me the chills.”<br />
Following that episode, the guards bound him in cuffs <strong>and</strong> chains <strong>and</strong> took him to an interrogation room, where he<br />
was left <strong>for</strong> several hours, writhing in pain, his clothes soaked while air conditioning blasted in the room, <strong>and</strong> his<br />
body burning from the pepper spray. He also spent as many as 25 <strong>and</strong> 30 hours at a time in interrogation rooms,<br />
sometimes with techno music blasting, “enough to burst your eardrums.”<br />
For the injuries <strong>and</strong> ailments resulting from his imprisonment <strong>and</strong> abuse, he has never been af<strong>for</strong>ded adequate<br />
medical care. For example, his vision deteriorated as a result of his time in Camp 6, from staring at the white walls<br />
of his small cell all day. It took a year of repeated requests <strong>for</strong> him to receive even a basic, cursory eye examination.<br />
He also developed rheumatism in his legs because of the extremely cold temperatures when he was in Camp 6, <strong>for</strong><br />
which he could not even get a pair of socks.<br />
Thankfully, Mr. Ameziane was moved to less-restrictive conditions in Camp 4, <strong>and</strong> his health was restored steadily.<br />
He has since been moved back to Camp 6, which is now a communal prison facility reserved <strong>for</strong> the “most<br />
compliant” detainees without disciplinary problems. Mr. Ameziane can now take advantage of limited opportunities<br />
to exercise, improve his considerable language skills, <strong>and</strong> learn to draw.<br />
However, there are some things his years at Guantánamo have cost him that can never be retrieved. His father died<br />
during this period, be<strong>for</strong>e Mr. Ameziane could see or communicate with him one last time, <strong>and</strong> his mother is now<br />
very elderly. His brothers <strong>and</strong> sisters have had wedding ceremonies he has been unable to attend, <strong>and</strong> had children<br />
who have never known their uncle. He has lost the last decade of his life to Guantánamo, <strong>and</strong> his detention<br />
continues to be indefinite <strong>and</strong> perpetual. Nevertheless, he continues to have remarkable strength <strong>and</strong> hope <strong>for</strong> his<br />
future.<br />
Legal Challenges<br />
Mr. Ameziane filed a petition <strong>for</strong> a writ of habeas corpus in the U.S. District Court <strong>for</strong> the District of Columbia in<br />
February 2005. He filed a motion <strong>for</strong> expedited judgment in February 2009, arguing that the government’s evidence<br />
failed to raise any genuine issues of fact requiring a full hearing on the merits. The Court denied that motion in<br />
April 2009, <strong>and</strong> the case was proceeding slowly toward a final ruling on the merits. However, in May 2009, the<br />
Court stayed the case indefinitely without issuing a ruling on the merits of Mr. Ameziane’s petition because the<br />
government argued he had long been cleared <strong>for</strong> transfer <strong>and</strong> the only open question in his case was the country to<br />
which he would be transferred.
DJAMEL AMEZIANE<br />
ALGERIAN GUANTÁNAMO DETAINEE IN NEED OF HUMANITARIAN PROTECTION<br />
Mr. Ameziane also filed a petition be<strong>for</strong>e the Inter-American Commission on Human <strong>Rights</strong> (“IACHR”) in August<br />
2008. His petition challenged his arbitrary detention <strong>and</strong> mistreatment at Guantánamo, including his torture <strong>and</strong><br />
abuse, <strong>and</strong> the denial of adequate medical care, as well as his risk of <strong>for</strong>cible transfer to Algeria. The IACHR<br />
promptly issued urgent precautionary measures to ensure that he is not transferred or removed from Guantánamo to<br />
any country, including Algeria, without his express consent. On March 20, 2012, the IACHR issued a l<strong>and</strong>mark<br />
admissibility report in Mr. Ameziane’s case. This ruling marks the first time the IACHR has accepted jurisdiction<br />
over the case of a man detained at Guantánamo, <strong>and</strong> underscores the fact that there has been no effective domestic<br />
remedy available to victims of unjust detentions <strong>and</strong> other abuses at the base. The IACHR will now move to gather<br />
more in<strong>for</strong>mation on the substantive human rights law violations suffered by Djamel Ameziane, including the harsh<br />
conditions of confinement he has endured, the abuses inflicted on him, <strong>and</strong> the illegality of his detention.<br />
Fear of Return to Algeria<br />
Mr. Ameziane has a credible fear of persecution if he were to be returned to Algeria. He is a member of the<br />
persecuted Berber minority group. The stigma of having spent time in Guantánamo would also be enough to put him<br />
at risk of being imprisoned if he is returned. In Mr. Ameziane’s hometown in Kabylie, an unstable region in the<br />
north of Algeria known <strong>for</strong> frequent, violent clashes between the Algerian army <strong>and</strong> Islamic opposition groups,<br />
practicing Muslims are automatically suspected of being supporters of such groups <strong>and</strong> are frequently harassed <strong>and</strong><br />
targeted <strong>for</strong> arrests <strong>and</strong> detention by the government solely because of their religious practices. Algeria has a<br />
documented history of torture <strong>and</strong> ill-treatment of its prisoners, particularly those suspected of links with terrorism,<br />
which international human rights organizations <strong>and</strong> the U.S. Department of State itself have recognized. Amnesty<br />
International has reported that the most serious violations of human rights abuses have been committed by the DRS,<br />
Algeria’s “military security” police, in cases of individuals detained on suspicion of terrorist activity. All of the<br />
Algerians transferred out of Guantánamo so far have been detained immediately upon arrival <strong>for</strong> questioning <strong>for</strong> a<br />
period of nearly two weeks, during which they were denied access to a lawyer <strong>and</strong> their families. Several of them<br />
now face the prospect of fundamentally unfair trials. Some were returned against their will, <strong>and</strong> at least one has<br />
suffered serious persecution.<br />
Need <strong>for</strong> Humanitarian Protection<br />
Mr. Ameziane remains trapped at Guantánamo until a third country offers him safe resettlement. After he is<br />
released, Mr. Ameziane hopes to get married <strong>and</strong> start a family of his own; to work <strong>and</strong> live a quiet life in freedom;<br />
<strong>and</strong> to begin the process of rebuilding <strong>and</strong> enjoying his life after Guantánamo.<br />
Legal Representation<br />
Mr. Ameziane is represented by attorneys at the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>. For more in<strong>for</strong>mation about him,<br />
please contact:<br />
J. Wells Dixon<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
666 Broadway, 7 th Floor<br />
New York, NY 10012<br />
Tel.: (212) 614-6423<br />
wdixon@ccrjustice.org<br />
Omar Farah<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
666 Broadway, 7 th Floor<br />
New York, NY 10012<br />
Tel.: (212) 614-6485<br />
ofarah@ccrjustice.org
Tariq Ba Odah<br />
ISN 178<br />
Citizenship: Yemen<br />
Detained Since: February 2002
TARIQ BA ODAH, ISN 178<br />
YEMENI DETAINEE IN NEED OF URGENT RELEASE ON HUMANITARIAN GROUNDS;<br />
ON HUNGER-STRIKE AT GUANTÁNAMO SINCE FEBRUARY 2007<br />
Name: Tariq Ba Odah<br />
Age: 34 years old<br />
Place of Birth: Shabwah, Yemen<br />
Family: Large family residing in Jeddah, Saudi Arabia<br />
Languages: Arabic<br />
“Even if they keep me another 10 years, I will not<br />
break my hunger-strike. I’ll stop under one of two<br />
conditions: I die or I am returned to my family.”<br />
Personal interests: World politics; Reading political biographies; Poetry<br />
– Tariq Ba Odah [March 22, 2012]<br />
Status: Detained in February 2002; Began a peaceful hunger-strike to protest his indefinite<br />
detention in February 2007; Force-fed daily through nasogastric intubation; Segregated since<br />
2009 <strong>and</strong> held in under solitary-confinement like conditions in Camp 5; Held without charge.
MR. BA ODAH IS A HUNGER-STRIKER IN NEED OF URGENT RELEASE<br />
Tariq Ba Odah was born in Yemen, but lived almost of all of his life be<strong>for</strong>e his imprisonment in<br />
Jeddah, Saudi Arabia. He was sent to Guantánamo in February 2002 at approximately age 24.<br />
His petition <strong>for</strong> a writ of habeas corpus is stayed in the U.S. District Court <strong>for</strong> the District of<br />
Columbia in part because of Mr. Ba Odah’s compromised health.<br />
As of counsel’s last visit to Guantánamo in December 2012, the U.S. Department of Defense has<br />
been holding Mr. Ba Odah in solitary-confinement like conditions in Camp 5. It isolates Mr. Ba<br />
Odah from the other prisoners because he has been on a 6-year, peaceful hunger-strike to protest<br />
his indefinite detention. The Department of Defense views this as non-compliance. Mr. Ba<br />
Odah has maintained his hunger-strike throughout the years because he sees the U.S. Department<br />
of Defense, the Obama administration, Congress, <strong>and</strong> increasingly U.S. courts as part of single<br />
apparatus of power that keeps him locked-up at Guantánamo <strong>and</strong> separated from his loved-ones.<br />
In his words – hunger-striking “is the only peaceful way I can show the magnitude of the<br />
injustice I suffer.”<br />
Mr. Ba Odah is <strong>for</strong>ce-fed daily. He is strapped to a restraint chair, a rubber tube is <strong>for</strong>ced down<br />
his nose, <strong>and</strong> a liquid dietary supplement is pumped into his stomach. In what Mr. Ba Odah<br />
believes are clear attempts to break his protest, prison administrators have told him that “if [he]<br />
stops his strike, [he would] be moved to the common area with friends, television, <strong>and</strong> recreation<br />
time” – basic rights the men in Camp 5 are often deprived.<br />
Mr. Ba Odah is only permitted to be outside of his cell between 2-4 hours per<br />
day. Un<strong>for</strong>tunately, Mr. Ba Odah is often too weak to take advantage of the recreation time that<br />
is allotted to him. He has virtually no human contact. He must shout through a slot in the door of<br />
his cell to exchange a word with another prisoner. To protest these conditions, Mr. Ba Odah has<br />
also gone on “no wash protests,” in one instance going four months without showering, leaving<br />
his cell <strong>for</strong> recreation, or cutting his nails. According to Mr. Ba Odah, he “looked like [he]<br />
crawled out of a grave.” No independent medical expert has ever assessed the impact of<br />
extended hunger-striking on Mr. Ba Odah’s body. But there can be no doubt that he is need of<br />
urgent, sophisticated medical care. Like most other Guantánamo prisoners, Mr. Ba Odah has<br />
never been charged with a crime. President Obama should lift the moratorium on transfers to<br />
Yemen <strong>and</strong> certify Mr. Ba Odah <strong>for</strong> release on humanitarian grounds.<br />
LEGAL REPRESENTATION<br />
Mr. Ba Odah is represented by the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>. For more in<strong>for</strong>mation, the<br />
Commission should contact:<br />
Omar A. Farah<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
ofarah@ccrjustice.org<br />
(212) 614-6485
Ahmed Belbacha<br />
ISN 290<br />
Citizenship: Algeria<br />
Detained Since: 2002
Ahmed Belbacha<br />
Ahmed Belbacha is an Algerian who fears being <strong>for</strong>cibly repatriated, as happened<br />
with his compatriots Abdul Aziz Naji (in July 2010) <strong>and</strong> Farhi Saeed<br />
bin Mohammed (in January 2010, whose habeas corpus petition had been<br />
granted in November 2009). Despite this, he was appealing against his <strong>for</strong>ced<br />
repatriation when the Obama administration sent him home, <strong>and</strong>, as his attorney,<br />
Buz Eisenberg, said:<br />
By transferring Mr. Mohammed to Algeria against his will, the administration<br />
has once again demonstrated an appalling disregard <strong>for</strong> the rule<br />
of law. On November 5, Mr. Mohammed asked the U.S. Supreme Court to consider the legality of<br />
this very transfer. By <strong>for</strong>cibly <strong>and</strong> secretly sending Mr. Mohammed to a place to which he did not<br />
want to go, even while the Supreme Court was considering his petition, the administration has<br />
again declared itself above the law.<br />
While most of the remaining Algerians fear both the security services <strong>and</strong> Islamists, Ahmed Belbacha has<br />
another reason to fear being returned. In November 2009, he was convicted in absentia, in what his lawyers<br />
described as “a disgraceful show trial” in which no lawyer was appointed to defend him, <strong>and</strong> the court gave<br />
him a 20-year sentence <strong>for</strong> belonging to an “overseas terrorist group.” As his lawyers explained, “Despite<br />
repeated requests <strong>and</strong> extensive investigation, [we] have been unable to discover what exactly Ahmed is<br />
supposed to have done. No evidence has been produced to support his ‘conviction,’ which appears to be<br />
retaliation against Ahmed <strong>for</strong> speaking out about the inhumane treatment he would be subjected to if sent<br />
to Algeria.”<br />
Ahmed, who was born in 1969, worked as an accountant <strong>for</strong> Algeria’s main oil company, Sonatrach, from<br />
1988 to 1997, with a short break to complete his military service. In 1997, however, when he was called upon<br />
to rejoin the army, Islamists from the Groupe Islamique Armé (GIA) began to threaten him. After trying,<br />
<strong>and</strong> failing, to lie low by working <strong>for</strong> his father, he fled to the U.K. in 1999, where he applied <strong>for</strong> asylum <strong>and</strong><br />
worked in a laundromat <strong>and</strong> then in a hotel in Bournemouth. During the Labour government’s conference,<br />
Ahmed cleaned the room of the deputy Prime Minister, John Prescott, <strong>and</strong> did such a good job that he received<br />
a thank-you note <strong>and</strong> a tip.<br />
Un<strong>for</strong>tunately, Ahmed’s application <strong>for</strong> asylum was refused. He appealed, but the procedure dragged on <strong>for</strong><br />
months. He was having increasing difficulty finding steady work <strong>and</strong> greatly feared deportation. Ahmed<br />
decided to travel to Pakistan, where he could take advantage of free educational programs to study the<br />
Koran. He hoped after a few months the economy would be better <strong>and</strong> his job prospects would improve. In<br />
Pakistan, he decided, with a friend, to visit Afghanistan, where he was seized after the 9/<strong>11</strong> attacks <strong>and</strong> the<br />
U.S.-led invasion.<br />
While he was in Guantánamo, in 2002, Ahmed’s asylum appeal was denied, ironically because he did not<br />
turn up <strong>for</strong> his hearing, <strong>and</strong> the judge did not know that he was a prisoner. Five years later, the U.S. authorities<br />
finally acknowledged that they had no reason to hold him, but Ahmed then sought <strong>and</strong> secured an in-
junction in the U.S. courts to prevent his <strong>for</strong>cible repatriation, which survived until the D.C. Circuit Court<br />
ruled in September 2009 that judges could not prevent the Obama Administration from <strong>for</strong>cibly repatriating<br />
prisoners to countries where they might face persecution.<br />
Sadly <strong>for</strong> Ahmed, the British government has refused to accept him, <strong>and</strong> no other government has offered<br />
to help, even though his plight, <strong>and</strong> his gentle nature, has led to other offers of help. He has been given a<br />
room in a flat by a Bournemouth resident, <strong>and</strong> the town of Amherst, Massachusetts offered him refuge in<br />
defiance of Congress in October 2009.
Jihad Dhiab<br />
ISN 722<br />
Citizenship: Syria<br />
Detained Since: August 2002
Jihad Dhiab (ISN 722)<br />
The following is an extract from a call with Jihad Dhiab on September 13 2012,<br />
illustrating his state of mind:<br />
“I am tired <strong>and</strong> sick. I am in a very depressed condition. I have very low<br />
esteem. I have no idea what to do. I am reaching a situation where I do not<br />
want to have any discussion with a guard or anyone else. I have come to a<br />
dead end. I am not acting out of stubbornness. I am so depressed that I do not<br />
want to speak to anyone here. I am just deeply depressed. I have no desire to<br />
talk to anyone. I have no desire to do anything. As you know a few days ago<br />
one of our brother killed himself, he reached such a state. I have a lot of<br />
medical issues. My kidneys, <strong>and</strong> so many other things going on with me.<br />
Earlier my right kidney was hurting me. Now it is my left kidney as well. Both<br />
are hurting me a lot. I really don’t know what to say. If you can, put yourself<br />
in my position <strong>and</strong> feel how you would be. My living circumstances are very<br />
depressing. I have been put in isolation <strong>for</strong> a long time. I am unable to speak to<br />
anyone here.”<br />
“The painful circumstances that I am living in are unbearable. In particular,<br />
the repeated promises that have not been fulfilled. This is becoming more <strong>and</strong><br />
more difficult. I know that President Obama wanted to improve the conditions<br />
here but the actual circumstances are very different from what he ordered. It is<br />
as if the prisoner is meant to be made of steel, not of human flesh. You must<br />
underst<strong>and</strong> where I am – I will speak in short sentences. The fact that I might<br />
do some harm to myself is not is far from my mind. But Abdul Latif, the<br />
person who died here a few days ago, went through something very similar.<br />
He cooperated. He went to see his lawyer regularly. But in the end it was just<br />
more than he could take. Like me, they put him in isolation because he was<br />
depressed. I do not know how long I can st<strong>and</strong> it. I am in isolation a lot. I do<br />
no know what to say.”
Fahd Ghazy<br />
ISN 26<br />
Citizenship: Yemen<br />
Detained Since: January 2002
FAHD GHAZY, ISN 026<br />
YEMENI DETAINEE IN NEED OF URGENT RELEASE FROM GUANTÁNAMO;<br />
CLEARED FOR RELEASE BY PRESIDENT BUSH IN 2007<br />
Name: Fahd Abdullah Ahmed Ghazy<br />
Age: Born on May 2, 1984<br />
Place of Birth: Beyt Ghazy, Yemen<br />
Family: Father to Hafsa, born June 18, 2001, <strong>and</strong> husb<strong>and</strong> to Faiza<br />
Education: Al Najah Secondary School; Diploma received; First in class; Received a<br />
scholarship to attend university<br />
Languages: Arabic, English<br />
“All I hope <strong>for</strong> upon release is to meet my wife <strong>and</strong><br />
daughter, my mother <strong>and</strong> brothers, <strong>and</strong> to live an<br />
independent life with them. To complete my studies<br />
<strong>and</strong> get a decent job.”<br />
– Fahd Ghazy [September 30, 2005]<br />
Personal interests: Studying to prepare <strong>for</strong> higher education upon release; Writing letters to<br />
Hafsa, Reading <strong>and</strong> translating Arabic <strong>and</strong> English texts,<br />
Status: Detained in January 2002 at age 17; Cleared by President Bush in 2007; One of the last<br />
remaining Guantánamo Prisoners to have been detained as a juvenile; Held without charge.
BACKGROUND<br />
Fahd Ghazy was only 17 years old when he was rendered to Guantánamo in 2002 <strong>and</strong> is one of<br />
the last remaining prisoners to have been detained as a juvenile. He was cleared <strong>for</strong> transfer in<br />
2007 by the Bush administration, but he remains unlawfully imprisoned to this day. In December<br />
2010, President Obama instituted a moratorium on transfers to Yemen, effectively rescinding<br />
Fahd’s clearance in favor of a policy of crude collective punishment.<br />
Fahd was born <strong>and</strong> raised in Beyt Ghazy, Yemen. He was married in his early teens <strong>and</strong> had a<br />
daughter, Hafsa, shortly after his 17 th birthday. Fahd was an ambitious student. He attended the<br />
Al-Najah primary <strong>and</strong> secondary school in the district near his home. Shortly after the birth of<br />
his daughter, Fahd sat <strong>for</strong> a series of exams that were required of all graduating secondary school<br />
students. He placed first in his class. Those results won him a scholarship to attend university,<br />
news of which he received while already imprisoned in Guantánamo.<br />
During the holiday after his graduation, Fahd traveled to Pakistan <strong>and</strong> Afghanistan. He was<br />
arrested in Pakistan <strong>and</strong> was one of the first prisoners to arrive at Guantánamo in January 2002.<br />
He has been interrogated more times than he can remember under U.S. Department of Defense<br />
methods that were humiliating <strong>and</strong> coercive. Even be<strong>for</strong>e he was transferred to Guantánamo,<br />
Fahd was “kicked <strong>and</strong> beaten <strong>and</strong> cursed like a dog.” During an interrogation in 2003 at<br />
Guantánamo, while Fahd was still a teenager, he was made to st<strong>and</strong> <strong>for</strong> hours with his feet <strong>and</strong><br />
h<strong>and</strong>s chained together so that he could not straighten his back. Interrogators told him that they<br />
“had the power to make him hungrier <strong>and</strong> sicker than he had ever been in his life.” Fahd was<br />
cleared <strong>for</strong> release by the Bush administration in 2007.<br />
Despite his treatment <strong>and</strong> the length of his detention, Fahd continues to prepare himself <strong>for</strong> his<br />
release. He has mastered English while at Guantánamo <strong>and</strong> he reads voraciously – all in the<br />
hope that one day he will be able to secure a good job <strong>and</strong> provide <strong>for</strong> his family. But Fahd, who<br />
is now 28 years old <strong>and</strong> has been detained <strong>for</strong> <strong>11</strong> years, is beginning to doubt whether that day<br />
will ever come.<br />
Fahd Ghazy was imprisoned as a juvenile <strong>and</strong> has been held without charge <strong>for</strong> <strong>11</strong> years. His<br />
continued detention at Guantánamo is indefensible. The Obama administration must immediately<br />
lift the moratorium on transfers to Yemen <strong>and</strong> certify Fahd <strong>for</strong> release.<br />
LEGAL REPRESENTATION<br />
Mr. Ghazy is represented by the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong>. For more in<strong>for</strong>mation, the<br />
Commission should contact:<br />
Omar A. Farah<br />
<strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong><br />
ofarah@ccrjustice.org<br />
(212) 614-6485
Saeed Hatim<br />
ISN 255<br />
Citizenship: Yemen<br />
Detained Since: 2002
Saeed Mohammed Saleh Hatim (ISN 255)<br />
Saeed Hatim was born in Yemen in 1977, graduated from high school in 1994,<br />
<strong>and</strong> traveled to Afghanistan in March or April 2001. He claims he went to<br />
Afghanistan <strong>for</strong> personal reasons including to cease being a financial burden<br />
on his family. He spent approximately one month in K<strong>and</strong>ahar <strong>and</strong> then went<br />
to Kabul in April or May 2001. He remained in the Kabul area until shortly<br />
after the U.S. bombing began, at which time Saeed fled the city <strong>and</strong> headed<br />
<strong>for</strong> the Pakistan border with hundreds of other refugees. Pakistani authorities<br />
stopped the car in which Saeed was a passenger, arrested him, <strong>and</strong> held<br />
him <strong>for</strong> several weeks in various prisons until turning him over to the United<br />
States military at the end of 2001. He was taken to a military base in K<strong>and</strong>ahar <strong>for</strong> six months be<strong>for</strong>e being<br />
sent to Guantánamo.<br />
The government alleges that Saeed spent approximately three weeks at the al Farouq training camp in the<br />
spring of 2001. Saeed denies the allegation <strong>and</strong> claims he falsely admitted to attending al Farouq because his<br />
captors threatened <strong>and</strong> abused him.<br />
The government also alleges that Saeed stayed in al Qaeda guesthouses <strong>and</strong> that he was on the front lines<br />
of the conflict between the Taliban <strong>and</strong> the Northern Alliance <strong>for</strong> a few weeks in the summer of 2001, prior<br />
to the U.S. invasion of Afghanistan. Saeed denies that the guesthouses in which he stayed had any al Qaeda<br />
affiliation of which he was aware, <strong>and</strong> claims that he visited a front line on one day just to see what it was<br />
like, that he observed no fighting, <strong>and</strong> that shepherds <strong>and</strong> their flocks roamed freely throughout the area.<br />
The government has offered no statements from any witness who claims to have seen Saeed in Afghanistan,<br />
much less to have seen him in the act of combat or supporting al Qaeda or the Taliban. There is no evidence<br />
that Saeed was part of an enemy armed <strong>for</strong>ce, or a substantial supporter of such a <strong>for</strong>ce, at any time during<br />
the period when the United States was engaged militarily in Afghanistan.<br />
In September 2009, President Obama’s Guantánamo Review Task Force unanimously approved Saeed <strong>for</strong><br />
transfer out of Guantánamo. In December 2009, District Judge Ricardo M. Urbina granted Saeed’s petition<br />
<strong>for</strong> a writ of habeas corpus. In February 20<strong>11</strong>, the D.C. Circuit Court of Appeals vacated Judge Urbina’s<br />
decision <strong>and</strong> rem<strong>and</strong>ed the case to district court. In April 20<strong>11</strong>, Saeed filed a motion <strong>for</strong> a status conference<br />
<strong>and</strong> scheduling order to re-litigate his case. The motion remains pending, <strong>and</strong>, following Judge Urbina’s<br />
retirement, Saeed’s case has yet to be reassigned to a new judge.
Obaidullah<br />
ISN 762<br />
Citizenship: Afghanistan<br />
Detained Since: October 2002
The Indefinite Detention of Obaidullah<br />
Mr. Obaidullah already has spent almost a third of his life in the prison at Guantanamo Bay, Cuba. He<br />
may be there indefinitely – a term of life imprisonment – even though he has never been convicted of a<br />
crime. This violates his fundamental human right to be free from arbitrary <strong>and</strong> indefinite imprisonment<br />
without trial or conviction.<br />
Facts: In July 2002, Mr. Obaidullah (he has only one name) was a 19-year old man, living with his<br />
family in the village of Milani in Khost Province, Afghanistan, working in a store selling pots <strong>and</strong> pans.<br />
He had attended school until the eleventh grade, but left in order to support his family. On a July night,<br />
Obaidullah was picked up during a nighttime raid by American <strong>for</strong>ces, beginning an eleven-year<br />
nightmare of torture <strong>and</strong> imprisonment. Over one decade later, Obaidullah is still detained at<br />
Guantanamo Bay, yet to face any criminal charges.<br />
Faulty Intelligence: The U.S. military raided Obaidullah’s family compound based on a tip from one<br />
still-unknown source who claimed that he was a member of an Al Qaeda bomb cell <strong>and</strong> that there were<br />
Soviet-made mines inside the compound. The source was wrong on both counts. When the compound<br />
was stormed, no mines were found inside. Mines were uncovered at some distance outside the<br />
compound, buried in the ground, but they were of Pakistani <strong>and</strong> Italian manufacture. Moreover, mines<br />
are littered across Afghanistan because of the civil war that raged <strong>for</strong> decades.<br />
U.S. <strong>for</strong>ces also found a notebook on Obaidullah’s person allegedly containing in<strong>for</strong>mation about<br />
constructing IED’s. Obaidullah maintains that he took these notes while he was <strong>for</strong>ced to attend a<br />
Taliban-sponsored school. He has consistently <strong>and</strong> vehemently denied any affiliation with Al Qaeda (or<br />
Taliban). After two days at the school, he decided not to return, <strong>and</strong> he later went to work in a pots-<strong>and</strong>pans<br />
store. Proof of this is that the notebook also details routine sales <strong>and</strong> inventory in<strong>for</strong>mation from<br />
the shop. Finally, the U.S. military also found a car in the compound. Four years after the raid, <strong>for</strong> the<br />
first time, a soldier who participated in the raid claimed that the car contained dried blood <strong>and</strong> Taliban<br />
propag<strong>and</strong>a. In federal court, the government never presented any evidence of blood or propag<strong>and</strong>a.<br />
None of this – or any other – evidence corroborates the solitary Al Qaeda allegation from the unknown<br />
source. As such, Obaidullah’s detention rests on very shaky ground.<br />
Torture <strong>and</strong> Detention: After the raid, Obaidullah was taken to Chapman Airfield in Afghanistan,<br />
where he was mistreated, including with a blow to the head with a rifle butt. He was then sent to Bagram<br />
Airfield <strong>for</strong> three months, where he was further subjected to harsh treatment <strong>and</strong> physical abuse, <strong>and</strong> he<br />
made coerced statements upon which the government later decided not to rely in court. Finally, he was<br />
sent to Guantanamo, <strong>and</strong> after a few months, he recanted his coerced statements <strong>and</strong> told interrogators<br />
the truth, that he was not a terrorist <strong>and</strong> posed no danger to anyone.<br />
No Criminal Charges or Trial. Obaidullah has been detained at Guantanamo Bay <strong>for</strong> over ten years. A<br />
district court in Washington, D.C. denied his petition <strong>for</strong> a writ of habeas corpus, based on the<br />
uncorroborated <strong>and</strong> unknown intelligence source. His appeal of this decision was denied by the D.C.<br />
Circuit. His petition <strong>for</strong> a writ of certiorari to the U.S. Supreme Court was filed in February 2013 <strong>and</strong> is<br />
pending. The government swore military charges against him in 2008 <strong>and</strong> dismissed them in 20<strong>11</strong>. No<br />
criminal charges are pending, either in federal or military court.
Mohamedou Ould Slahi<br />
ISN 760<br />
Citizenship: Mauritania<br />
Detained Since: August 2002
Mohamedou Ould Slahi<br />
Mohamedou Ould Slahi, born in 1970, is a Mauritanian, who was seized by<br />
the Mauritanian authorities on November 20, 2001, at the request of the Bush<br />
administration. As he explained in his Combatant Status Review Tribunal at<br />
Guantánamo in 2004: “My country turned me over, shortcutting all kinds of<br />
due process of law, like a c<strong>and</strong>y bar to the United States.”<br />
After Mohamedou was seized, he was transferred by the CIA to Jordan—<br />
one of at least 15 prisoners rendered to Jordan by the CIA between 2001 <strong>and</strong><br />
2004—where he was held <strong>for</strong> eight months, <strong>and</strong> where, he said, what happened<br />
to him was “beyond description.” He was then transferred to the U.S.<br />
prison at Bagram in Afghanistan, where he was held <strong>for</strong> two weeks, <strong>and</strong> he<br />
arrived at Guantánamo in August 2002.<br />
In Guantánamo, Mohamedou was the second prisoner subjected to a specifically tailored torture program,<br />
which included prolonged isolation, prolonged sleep deprivation, beatings, death threats, <strong>and</strong> threats that<br />
his mother would be brought to Guantánamo where she would be the lone female prisoner. The program,<br />
which began in May 2003, was augmented with further techniques authorized by defense secretary Donald<br />
Rumsfeld, <strong>and</strong> culminated, in August 2003, in an incident in which Mohamedou was taken out on a boat<br />
wearing isolation goggles while agents whispered, within earshot, that he was “about to be executed <strong>and</strong><br />
made to disappear.”<br />
The torture of Mohamedou was so severe that, in May 2004, Lt. Col. Stuart Couch of the Marine Corps,<br />
who had been assigned his case as a prosecutor, refused to prosecute the case. He told the chief prosecutor,<br />
Army Col. Bob Swann, that, in addition to legal reasons, he was “morally opposed” to the interrogation<br />
techniques, <strong>and</strong> <strong>for</strong> that reason alone “refused to participate” in the Slahi prosecution “in any manner.”<br />
The use of torture not only led to Stuart Couch’s refusal to prosecute his case; it also led to Mohamedou<br />
telling his torturers whatever they wanted to hear. As he explained in a letter to his attorneys in November<br />
2006, “I yes-ed every accusation my interrogators made ... I just wanted to get the monkeys off my back.”<br />
Despite this, he is regarded by the authorities as one of “the most significant in<strong>for</strong>mants ever to be held at<br />
Guantánamo,” as The Washington Post reported in March 2010.<br />
Although Mohamedou was initially touted as a significant al-Qaeda operative, <strong>and</strong> was alleged to have<br />
been involved with the 9/<strong>11</strong> hijackers while he lived in Germany, by the time his habeas corpus petition<br />
was granted by Judge James Robertson in March 2010, the government acknowledged that he “probably did<br />
not even know about the 9/<strong>11</strong> attacks.” Another key claim—that he was involved in the foiled “Millennium<br />
Plot” to blow up Los Angeles airport—was also dropped, <strong>and</strong> although Judge Robertson noted that he continued<br />
to have knowledge of people connected to al-Qaeda, he granted his habeas corpus petition. After the<br />
government appealed, the case was rem<strong>and</strong>ed to the district court where he must essentially begin again.
Mohammed Tahamuttan<br />
ISN 684<br />
Citizenship: Palestinian Territories<br />
Detained Since: 2002
Mohammed Tahamuttan<br />
In December 2009, after the German government expressed a willingness to take prisoners who could not<br />
be repatriated, Daniel Fried, Obama’s Special Envoy on Guantánamo, sent nine suggestions, including Mohammed<br />
Tahamuttan, a Palestinian, born in 1979. As Der Spiegel explained, Tahamuttan “grew up on the<br />
West Bank <strong>and</strong> quickly had his fill of intifada, war <strong>and</strong> deplorable living conditions.”<br />
In October 2001, Tahamuttan flew to Pakistan, because he “yearned to be a pious man,” <strong>and</strong> Pakistan<br />
housed the headquarters of the huge Islamic missionary movement Jamaat al-Tablighi, which he had been<br />
a member of since the age of 14. Tablighi members “acquired a visa <strong>for</strong> him <strong>and</strong> arranged <strong>for</strong> him to stay in<br />
a religious school in Raiwind,” where he “studied the Koran <strong>for</strong> four months be<strong>for</strong>e moving on to Lahore,<br />
then Quetta <strong>and</strong>, finally, Faisalabad.”<br />
In Faisalabad, he met some Arab students <strong>and</strong> moved into a house with them. On March 28, 2002, the<br />
house was raided <strong>and</strong> all 15 of the guesthouse residents were taken to Guantánamo, on the basis that the<br />
house was supposedly connected to the alleged “high-value detainee” Abu Zubaydah, who was seized on<br />
the same night in a different raid. However, despite the government’s claims that all of these men were<br />
somehow connected to militancy, six of them have been freed so far.<br />
In July 2010, Der Spiegel noted that Mohammed had “made a good impression on the Germans,” but that<br />
he was ultimately rejected, a move that was “probably intended primarily to send a political message at<br />
home in Germany,” where it was thought that Interior Minister Thomas de Maizière “felt that he had to<br />
show the many members of his party who had opposed reaching an agreement with the United States on<br />
Guantánamo that he was not blindly obeying the Americans.” As a result, Mohammed is still str<strong>and</strong>ed in<br />
Guantánamo, awaiting a new home.
The names of the 166<br />
men who remain at<br />
Guantánamo
The names of the 166 men who remain at Guantánamo 1<br />
ISN Name Country<br />
4 Abdul Haq Wasiq Afghanistan<br />
6 Mullah Norullah Noori Afghanistan<br />
7 Mullah Mohammad Fazl Afghanistan<br />
26 Fahd Ghazy Yemen<br />
27 Uthman Abdul Rahim Mohammed Uthman Yemen<br />
28 Muaz Al Alawi Yemen<br />
29 Muhammad Al Ansi Yemen<br />
30 Ahmed Al Hikimi Yemen<br />
31 Mahmoud Al Mujahid Yemen<br />
33 Mohammed al-Adahi Yemen<br />
34 Abdallah Al Yafi Yemen<br />
35 Idris Qader Idris Yemen<br />
36 Ibrahim Idris Sudan<br />
37 Abd Al Malik Abd Al Wahab Yemen<br />
38 Ridah Al Yazidi Tunisia<br />
39 Ali Hamza Ahmed Sulayman Ismail Yemen<br />
40 Abdel Qadir Al Mudhaffari Yemen<br />
41 Majid Ahmad Yemen<br />
42 Abdul Rahman Shalabi Saudi Arabia<br />
43 Samir Moqbel Yemen<br />
44 Mohammed Abu Ghanim Yemen<br />
45 Ali Ahmad Al Rahizi Yemen<br />
63 Mohammed Al Qahtani Saudi Arabia<br />
88 Waqas Mohammed Ali Awad Yemen<br />
91 Abdul Al Saleh Yemen<br />
<strong>11</strong>5 Abdul Rahman Naser Yemen<br />
1 This list was prepared by the <strong>Center</strong> <strong>for</strong> <strong>Constitutional</strong> <strong>Rights</strong> from publicly available<br />
in<strong>for</strong>mation.<br />
1
ISN Name Country<br />
<strong>11</strong>7 Muktar Al Warafi Yemen<br />
128 Ghaleb Al-Bihani Yemen<br />
131 Salem Ahmed Hadi Yemen<br />
152 Asim Al Khalaqi Yemen<br />
153 Fayiz Suleiman Yemen<br />
163 Khalid Al Qadasi (Othman) Yemen<br />
165 Adil Said Al Busayss Yemen<br />
167 Ali Yahya Mahdi Al Rimi Yemen<br />
168 Adel Hakimi Tunisia<br />
170 Sharaf Masud Yemen<br />
171 Abu Bakr Alahdal Yemen<br />
174 Hisham Sliti Tunisia<br />
178 Tariq Ba Odah Yemen<br />
189 Salem Gherebi Libya<br />
195 Mohammad Al Shumrani Saudi Arabia<br />
197 Yunis Shokuri Morocco<br />
200 Saad Al Qahtani Saudi Arabia<br />
202 Mahmmoud Bin Atef Yemen<br />
223 Abdul Rahman Sulayman Yemen<br />
224 Abdul Rahman Muhammad Yemen<br />
232 Fawzi Al Odah Kuwait<br />
233 Abdul Salih Yemen<br />
235 Saeed Jarabh Yemen<br />
238 Nabil Hadjarab Algeria<br />
239 Shaker Aamer Saudi Arabia<br />
240 Abdullah Al Shabli Yemen<br />
242 Khaled Qasim Yemen<br />
244 Abdul Latif Nasir Morocco<br />
249 Mohammed al-Hamiri Yemen<br />
251 Muhammad Bin Salem Yemen<br />
2
ISN Name Country<br />
254 Mohammed Khenaina Yemen<br />
255 Said Hatim Yemen<br />
257 Umar Abdulayev Tajikistan<br />
259 Fadil Hintif Yemen<br />
275 Yusef Abbas China<br />
280 Saidullah Khalik China<br />
282 Hajiakbar Abdulghupur China<br />
288 Mutij Sadiz Ahmad Sayab Algeria<br />
290 Ahmed Belbacha Algeria<br />
309 Muieen Abdal Sattar United Arab Emirates<br />
310 Djamel Ameziane Algeria<br />
321 Ahmed Yaslam Said Kuman Yemen<br />
324 Mashur Al Sabri, Yemen<br />
326 Ahmed Ajam Syria<br />
327 Ali Hussein al-Shaaban Syria<br />
329 Abd Al Hadio Omar Mahmoud Faraj Syria<br />
434 Mustafa Al Shamyri Yemen<br />
440 Mohammed Bwazir Yemen<br />
441 Abdul Rahman Ahmed (al Zahry) Yemen<br />
461 Abdul Rahman Al-Qyati Yemen<br />
498 Mohammed Haidel Yemen<br />
502 Abdul Ourgy Tunisia<br />
506 Khalid Mohammed Salih Al Dhuby Yemen<br />
508 Salman Rabeii Yemen<br />
509 Mohammed Khusruf Yemen<br />
5<strong>11</strong> Sulaiman Al Nahdi Yemen<br />
522 Yasin Ismail Yemen<br />
535 Tariq Al Sawah Egypt<br />
549 Omar al Dayi Yemen<br />
550 Walid Zaid Yemen<br />
3
ISN Name Country<br />
552 Fayiz Al K<strong>and</strong>ari Kuwait<br />
553 Abdul Khaled Al Bedani Saudi Arabia<br />
554 Fahmi Al Sani Yemen<br />
560 Haji Wali Mohammed Afghanistan<br />
564 Jalal bin Amer Yemen<br />
566 Mansoor Qattaa Saudi Arabia<br />
569 Suhail Abdu Anam Yemen<br />
570 Sabri Mohammed Al Qurashi Yemen<br />
572 Slah Al Zabe Yemen<br />
574 Hamoud Al Wady Yemen<br />
575 Sa’ad Muqbil Al-Azani Yemen<br />
576 Zahar Bin Hamdoun Yemen<br />
578 Abdul Aziz Abdullah Ali Al Suadi Yemen<br />
579 Khirullah Khairkhwa Afghanistan<br />
680 Emad Abdalla Hassan Yemen<br />
682 Ghassan Al Sharbi Saudi Arabia<br />
684 Mohammed Tahamuttan Palestinian Territories<br />
685 Abdelrazak Ali Abdelrahman Algeria<br />
686 Abdel Hakim Yemen<br />
688 Fahmi Ahmed Yemen<br />
689 Mohammed Salam Yemen<br />
690 Ahmed Abdul Qader Yemen<br />
691 Mohammed Al Zarnuki Yemen<br />
694 Sufyian Barhoumi Algeria<br />
695 Omar Abu Bakr Libya<br />
696 Jabran Al Qahtani Saudi Arabia<br />
702 Ravil Mingazov Russia<br />
707 Noor Uthman Muhammaed Sudan<br />
708 Ismael Ali Al Bakush Libya<br />
713 Muhammed Murdi Issa Al Zahrani Saudi Arabia<br />
4
ISN Name Country<br />
722 Jihad Dhiab Syria<br />
728 Jamil Nassir Yemen<br />
753 Abdul Zahir Afghanistan<br />
757 Ahmed Abdel Aziz Mauritania<br />
760 Mohamedou Ould Slahi Mauritania<br />
762 Obaidullah Afghanistan<br />
768 Ahmed al- Darbi Saudi Arabia<br />
832 Mohammad Nabi Omari Afghanistan<br />
836 Ayoub Murshid Ali Saleh Yemen<br />
837 Bashir Al Marwalah Yemen<br />
838 Shawki Awad Balzuhair Yemen<br />
839 Musa'ab Al Madhwani Yemen<br />
840 Hail Aziz Ahmed Al Maythali Yemen<br />
841 Said Salih Sa id Nashir Yemen<br />
893 Tofiq Al Bihani Yemen<br />
894 Mohammed Abdul Rahman Tunisia<br />
899 Shawali Khan Afghanistan<br />
928 Khi Ali Gul Afghanistan<br />
934 Abdul Ghani Afghanistan<br />
975 Bostan Karim Afghanistan<br />
1015 Hussein Salem Mohammed Almerfedi Yemen<br />
1017 Omar Al Rammah Yemen<br />
1045 Mohammed Kamin Afghanistan<br />
1094 Saifullah Paracha Pakistan<br />
<strong>11</strong>03 Mohommod Zahir Afghanistan<br />
<strong>11</strong>19 Haji Hamidullah Afghanistan<br />
1453 Sanad al-Kazimi Yemen<br />
1456 Hassan Bin Attash Yemen<br />
1457 Sharqawi Ali al-Hajj Yemen<br />
1460 Abdul Rahim Ghulam Rabbabi Pakistan<br />
5
ISN Name Country<br />
1461 Mohammed Ahmad Ghulam Rabbani Pakistan<br />
1463 Abdul Al Salam Al Hilal Yemen<br />
3148 Haroon Al Afghani Afghanistan<br />
10001 Bensayah Belkacem Algeria<br />
100<strong>11</strong> Mustafa Al Hawsawi Saudi Arabia<br />
10013 Ramzi Bin Al Shib Yemen<br />
10014 Walid Bin Attash Yemen<br />
10015 Abd Al Rahim Al Nashiri Saudi Arabia<br />
10016 Abu Zubaydah Palestinian Territories<br />
10017 Abu Faraj Al Libi Libya<br />
10018 Ammar Al Baluchi Pakistan<br />
10019 Riduan Isomuddin Indonesia<br />
10020 Majid Khan Pakistan<br />
10021 Mohd Farik Bin Amin Malaysia<br />
10022 Mohammed (Lillie) Bin Lep Malaysia<br />
10023 Guleed Hassan Dourad Somalia<br />
10024 Khalid Sheikh Mohammed Pakistan<br />
10025 Mohammed Abdul Malik Kenya<br />
10026 Abd Al Hadi Al Iraqi Iraq<br />
10029 Muhammad Rahim Al Afghani Afghanistan<br />
6
“The past years were all the worst moments. I would describe them as a boat<br />
out at sea, battered by successive storms during its trip towards an unknown<br />
destination, benefiting only from very short periods of respite between two<br />
storms. These respites were the best moments.”<br />
“I overcame the conditions of imprisonment during all these past years by always<br />
maintaining hope that one day I would be freed, because I am innocent.”<br />
—Djamel Ameziane, writing from detention at Guantánamo Bay Naval Base<br />
Artwork created by Djamel Ameziane at Guantánamo