The US Department of Defense (DoD) announced [7] on Jan. 6 the transfer of 11 Yemeni detainees from Guantanamo Bay prison to Oman, marking a significant step in reducing the population of the detention facility. The DoD stated that the Periodic Review Board [8] (PRB) "determined by consensus" that the detention of the Yemeni prisoners under the law of war was no longer necessary, as they did not continue to pose a significant national security threat. The DoD added that any potential risk from the prisoners could be adequately mitigated.
Among those transferred was Sharqawi Abdu Ali al-Hajj, who, according to the Center for Constitutional Rights (CCR), has been held [10] for 23 years without being charged with any crime. The CCR also noted that Sharqawi was subject to torture by the CIA before being sent in 2004 to Guantanamo, where he conducted several hunger strikes in protest of his indefinite detention. Amnesty International welcomed [11] the DoD's decision to release him and the other prisoners, urging US President Joe Biden to transfer the remaining Guantanamo detainees who haven't been charged with crimes.
Ten of the detainees were transferred through the PRB process established by Executive Order 13567 [12], titled "Periodic Review of Individuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for the Use of Military Force." The remaining detainee, named Tawfiq Nasir Awad Al-Bihani, was transferred under Executive Order 13492 [13].
Executive Order 13492 was issued by former President Barack Obama in 2009 and ordered the closure of detention facilities at US Naval Station Guantanamo Bay. Obama also signed Executive Order 13567 in 2011, which established a periodic review process to be conducted by the PRB. The latter provides an administrative process to assess whether the detention of an individual at Guantanamo is necessary to protect the national security of the US. After its review, the PRB can either recommend continued detention under the law of war or authorize the detainee’s transfer.
The decision to transfer the 11 is part of ongoing efforts by the US to reduce the number of individuals detained in Guantanamo, paving the way for the eventual closure of the facility. With this transfer, the DoD reduced the number of detainees at Guantanamo Bay by more than half, leaving only 15 in the detention center. This follows the recent transfers of two detainees [14] to Malaysia in December and the repatriation [15] of detainee Ridah bin Saleh al-Yazidi to Tunisia.
The military prison at the Guantanamo Bay Naval Station in Cuba was established by President George W. Bush in 2002 in response to the al-Qaeda attacks against the US on Sept. 11, 2001. The detention facility has faced consistent international criticism [16] over claims of human rights abuses from rights groups and international organizations. The United Nations Human Rights Council has called [17] for its closure.
From JURIST [18], Jan. 7. Used with permission.
Note: In the nearly 23 years the Guantánamo detention center has been operating, a total of 780 prisoners have been held there [15]. Nine men have died at the facility, and the two convicts being held there are among a total of eight detainees convicted by military tribunals, with four of those convictions later overturned.
