detention

Two Gitmo detainees released, third refuses transfer

Two of three Guantánamo Bay detainees scheduled for release boarded a plane for transfer on Jan. 20 while the third detainee turned down the opportunity. Though the two released detainees were natives of Egypt and Yemen, they were resettled in Bosnia and Herzegovina and Montenegro. The third detainee, Yemeni national Mohammed Bawazir, has gained a reputation for hunger striking as a protest against his 14 years of captivity without trial. Though Bawazir originally agreed to resettle in an unidentified country, he changed his mind reportedly upon realizing that he would not be returning to any family. Currently, 91 detainees remain in Guantánamo Bay, and 34 await resettlement in foreign countries.

Portugal orders CIA agent extradited to Italy

A court in Lisbon ruled on Jan. 15 that a former CIA operative will be extradited to Italy to serve a seven-year sentence for her involvement in the 2003 kidnapping and "rendition" of Egyptian terror suspect Osama Moustafa Hassan Nasr (AKA Abu Omar). Operative Sabrina De Sousa was one of 26 former agents convicted in absentia for the infamous event, and she recently filmed a documentary regarding her long struggle to clear her name. In October officials detained De Sousa in a Portuguese airport without warning and seized her passports pending the court's decision. De Sousa's lawyer expressed his intention to appeal the case to the Supreme Court and move to the Constitutional Court if necessary. De Sousa hopes to receive a pardon from Italian President Sergio Mattarella, who recently pardoned another CIA operative involved in the matter. Mattarella is scheduled to speak with US President Barack Obama in March about various issues, which may include De Sousa's case.

Oman accepts 10 Yemeni Gitmo prisoners

The Foreign Ministry of Oman on Jan. 14 reported that 10 Yemeni detainees from Guantánamo Bay arrived temporarily to Oman. The US Department of Defense later confirmed the move. Three days earlier, human rights experts from the UN and the Organization for Security and Co-operation (OSCE) jointly sent an open letter urging the US government to shut down the detention facility at Guantánamo Bay on its fourteenth anniversary. The letter mentioned the recent steps taken by the Obama administration to close the facility, but noted that many prisoners still remain at Guantánamo without trial outside the reach of US law. With Thursday's transfers, that number now stands at 93.

Last Kuwaiti Guantánamo detainee repatriated

The last Kuwaiti held at Guantánamo, Faiz Mohammed Ahmed al-Kandari, has been repatriated to his home country, the US Department of Defense announced Jan. 8. The Periodic Review Board (PRB) determined in September that "continued law of war detention of Al-Kandari does not remain necessary to protect against a continuing significant threat to the security of the United States." Al-Kandari was captured by unnamed Afghans and arrived at Guantánamo in May 2002 after being accused of serving as Osama bin Laden's "advisor and confidant." Kuwaiti authorities said the release showed progress in bilateral relations with the US. The release of all 12 Kuwaiti detainees followed strong efforts by Kuwait and high-profile Washington lawyers to secure their freedom. Al-Kandari is the third detainee to be resettled this week; 104 detainees remain at the detention center.

Two Guantánamo detainees transferred to Ghana

Two Yemeni men captured in Afghanistan and detained at Guantánamo Bay for 14 years have been released to Ghana, officials said Jan. 6. These two are among the 17 detainees scheduled for release this month. The men were suspected of training with al-Qaeda and fighting with the Taliban but were never charged. They had been cleared for release in 2009, but required a host country to accept them before actual release could be ordered. 

UK: Iraq vets may face prosecution for war crimes

The head of the UK's Iraq Historic Allegations Team (IHAT), charged with looking into alleged abuses committed during the war in Iraq, said Jan. 3 that British soldiers may face prosecution for war crimes. Mark Warwick, a former police detective and the head of IHAT, stated that some of the allegations being investigated included murder. According to the investigation, there may be as many 1,515 victims, 280 of whom are alleged to have been unlawfully killed. However, Public Interest Lawyers, representing some of the alleged victims, said IHAT is not doing an effective job investigating those responsible for "systemic" abuse. They state that "Despite public inquires, court proceedings ongoing since 2004 and the IHAT team of investigators, there is yet to be a single prosecution resulting from IHAT's work." Carla Ferstman, director of the human rights group Redress, echoed these comments, stating that the the "incredibly slow pace" of IHAT's investigations was "wholly unacceptable." 

Gitmo detainee victim of mistaken identity: US

According to an official US government document (PDF), a man who fought for the Taliban in Afghanistan and has been held without charge at Guantánamo Bay for 13 years was a victim of mistaken identity. Mustafa Abd-al Qawi Abd-al-Aziz al-Shamiri was held as a courier and trainer for al-Qaeda. The Department of Defense now believes these activities were carried out by other militants with similar names. Al-Shamiri is linked to the men who planned the October 2000 bombing of the USS Cole, but there is no evidence he was part of the operation. In a statement released by al-Shamiri's personal representatives, they say he feels "remorse for choosing the wrong path early in life" and "wants to make a life for himself."

UK Supreme Court hears Libya rendition claim

The UK Supreme Court on Nov. 9 began hearings in the case of Abdel Hakim Belhaj, who claims the British government assisted in his 2004 rendition by US forces. Belhaj and his wife were arrested in Bangkok in 2004 and returned to Muammar Qaddafi's Libya, where he spent six years in prison. Belhaj first filed his lawsuit in 2012. In 2013 the British High Court threw out the claim, stating that hearing the claim was barred by the Acts of State doctrine. However, in October 2014, the Court of Appeals found that the claim is not barred because "it falls within a limitation on grounds of public policy in cases of violations of international law and fundamental human rights." The court stated that while the Acts of State doctrine is valid, it does not stop a British court from examining whether British agencies, officials or ministers were separately culpable. The case will be heard by seven judges over four days, who will decide whether Belhaj can sue the British government, former Foreign Secretary Jack Straw and the former head of the British Secret Intelligence Service (SIS), known as MI6, for alleged complicity with US intelligence over his treatment.

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