Among the challenges US authorities face in transferring detainees out of Guantanamo is obtaining agreements guaranteeing humane treatment from their home countries, or getting a third country to agree to resettle them and prevent their return to hostilities against the US. Saudi Arabia, the United Arab Emirates, the United Kingdom, Slovakia and Albania have been among the largest recipients of nationals from other countries.
In , five Taliban prisoners were transferred to Qatar in exchange for the release of American soldier Bowe Bergdahl, who was held captive for five years in Afghanistan and Pakistan after deserting the US Army.
Four of those five are now members of the new Taliban government in Afghanistan. Two men have been released since Obama left office in January Both were returned to their home countries. After more than 15 years at Guantanamo, Ahmed al-Darbi was returned to Saudi Arabia in to continue serving a prison sentence for a bomb attack on an oil tanker off the coast of Yemen. On July 19, the Biden administration released its first detainee, Abdul Latif Nasser , a Moroccan, four years after he had been cleared for transfer in Held for 19 years, Nasser was never charged with any crime.
The military commissions are tribunals organised outside the framework of US and international law by the US Department of Defense to bring charges against detainees at Guantanamo. US constitutional protections of due process do not apply, allowing the government to maintain secret evidence derived from torture and to hold detainees indefinitely. Detainees are required to use the lawyers assigned to them.
They are not allowed to see all the evidence against them. Only two-thirds of a jury is required to convict, and even in cases of acquittal, release is not guaranteed. Many of the detainees at Guantanamo were first held in black sites by the CIA or elsewhere by the US military and were tortured before being transferred to Guantanamo.
Those records are largely still secret and lawyers who represent detainees are required to enter non-disclosure agreements that prevent them from publicly describing the torture suffered by their clients. In June, a military judge for the first time publicly agreed to allow information obtained through torture to be used in a military case against Abd al-Rahim al-Nashiri , a Saudi accused of planning the bomb attack on the USS Cole in that killed 17 US Navy sailors.
The US government has acknowledged torture took place in a number of cases, among them that of Abu Zubaydah , a Palestinian man captured by the US in Pakistan and tortured for years in a series of secret CIA prisons, as detailed in a US Senate report. Another is Mohammed al-Qahtani, a Saudi whose military charges were dismissed because he had been tortured at Guantanamo but who remains imprisoned despite mental illness.
Human rights advocates and lawyers for detainees say the Biden administration will be under increasing pressure to bring Guantanamo to a close. The White House announced in February that it is conducting an internal review of how to close Guantanamo. Biden can ask Congress to repeal its prohibitions on Guantanamo detainees entering the US for purposes of serving prison terms.
Biden is considering naming a special envoy at the US Department of State for closing Guantanamo, a position created by Obama but eliminated during the Trump administration.
The Pakistani prisoner has been held there since on suspected ties to al-Qaeda, although he has never been charged. Moroccan prisoner Abdul Latif Nasser had been held by the US since without being charged with a crime. By William Roberts.
Of the 39 detainees remaining, 17 are being held indefinitely with no recommendation for transfer, 10 are eligible for transfer if security conditions are met, 10 have been charged by the US military, and two have been convicted.
Several international human rights groups, including HRW, Amnesty International and the International Committee of the Red Cross have repeatedly condemned the alleged human rights violations, including harsh interrogation methods that critics say amounted to torture.
During his presidency, George W Bush said he would like to see Guantanamo Bay closed but that it would not be easy. That never happened. In July , Moroccan prisoner Abdul Latif Nasser became the first detainee transferred under the Biden administration. He had been held by the US since without being charged.
The Pakistani prisoner has been held there since on suspected ties to al-Qaeda, although he has never been charged. New book by Washington Post reporters claims Trump asked if detainment camp could be used to house infected. Moroccan prisoner Abdul Latif Nasser had been held by the US since without being charged with a crime. By Mohammed Haddad. Published On 7 Sep Where is Guantanamo Bay?
Detainees by nationality Since January 11, , at least detainees from 48 countries have been held in Guantanamo Bay. What happened to the detainees?
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