GUANTANAMO

FOIA suit reveals Guantánamo’s ‘indefinite detainees’

 
 

In this April 16, 2013 video frame grab, a shackled detainee meets with medical personnel in Camp 6, at Guantanamo Bay Navy Base, in Cuba. Prison officials approved this image for release.
In this April 16, 2013 video frame grab, a shackled detainee meets with medical personnel in Camp 6, at Guantanamo Bay Navy Base, in Cuba. Prison officials approved this image for release.
SUZETTE LABOY / ASSOCIATED PRESS

crosenberg@miamiherald.com

The Obama administration Monday lifted a veil of secrecy surrounding the status of the detainees at Guantánamo, for the first time publicly naming the four dozen captives it defined as indefinite detainees — men too dangerous to transfer but who cannot be tried in a court of law.

The names had been a closely held secret since a multi-agency task force sifted through the files of the Guantánamo detainees in 2009 trying to achieve President Barack Obama’s executive order to close the detention center. In January 2010, the task force revealed that it classified 48 Guantánamo captives as dangerous but ineligible for trial because of a lack of evidence, or because the evidence was too tainted.

They became so-called “indefinite detainees,” a form of war prisoner held under Congress’ 2001 “Authorization for Use of Military Force.”

The Defense Department released the list to The Miami Herald, which, with the assistance of Yale Law School students, had sued for it in federal court in Washington, D.C. The Pentagon also sent the list to the House and Senate Armed Services Committees on Monday, a Defense Department official said.

According to the list, the men designated for indefinite detention are 26 Yemenis, 12 Afghans, 3 Saudis, 2 Kuwaitis, 2 Libyans, a Kenyan, a Moroccan and a Somali.

Human rights groups denounced the existence of such a list.

Amnesty International’s Zeke Johnson called “fundamentally flawed” the notion of classifying captives as indefinite detainees. “Under international human rights law,” he said, “all of the detainees should either be charged and fairly tried in federal court, or released.”

Human Rights First’s Dixon Osburn hailed release of the list through the Freedom of Information Act: “It is fundamental to democracy that the public know the identities of the people our nation is depriving of liberty and why they are being detained.”

Some of the men on the list are among the prisoners currently on hunger strike and being force-fed at the prison, for example, Kuwaitis Fawzi al Odah, 36, and Fayez al Kandari, 35, and Yemeni Abdal Malik al Wahab, about 43, who in March, according to his lawyer David Remes, vowed to fast until he got out of the prison “either dead or alive.”

Two men on the list are deceased. Both Afghans, one committed suicide with a bedsheet in a recreation yard at Guantánamo’s Camp 6 for cooperative captives and the other died of a heart attack, also in Camp 6. So now the 166 captives at Guantánamo actually include 46 indefinite detainees.

Two former CIA captives, held apart from the majority of Guantánamo’s prisoners as “high-value detainees” are also listed as indefinite detainees: Mohammed Rahim, an Afghan man, and Somali Hassan Guleed.

All the other ex-CIA captives were designated for trial. Those include accused al-Qaida kingpin Khalid Sheik Mohammed, 48, and four alleged fellow conspirators in the hijackings that killed nearly 3,000 people on Sept. 11, 2001, who were in pretrial hearings at the war court this week. Also designated for trial was Abd al Rahim al Nashiri, 48, accused in the 2000 USS Cole attack that killed 17 American sailors, and, like Mohammed, facing a death-penalty tribunal.

Administration officials have through the years described a variety of reasons why the men could not face trial: Evidence against some of the indefinite detainees was too tainted by CIA or other interrogation torture or abuse to be admissible in a court; insufficient evidence to prove an individual detainee had committed a crime; or military intelligence opinions that certain captives had undertaken suicide or other type of terrorist training, and had vowed to engage in an attack on release.

Read more Guantánamo stories from the Miami Herald

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