Kuwaiti detainees at Guantanamo Bay

There were initially ten Kuwaiti detainees in Guantanamo.[1]

As of 2014, one Kuwaiti remained in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1]

The Associated Press reported that Rola Dashti, a member of a human rights delegation which met with Bush in Jerusalem, said Bush said two of the remaining four Kuwaitis would face charges before Guantanamo military commissions.[2] According to Dashti:[3][4]

He (Bush) said two (Kuwaitis) will be charged and he will work toward releasing the other two if there aren't any accusations against them.

On March 30, 2008 Arab Times reports that the USA has agreed to return two of the remaining four detainees.[5] Kuwaiti security officials, speaking on condition of anonymity, said the remaining two detainees were expected to be charged before Guantanamo military commissions. http://www.arabtimesonline.com/client/pagesdetails.asp?nid=15930&ccid=9

Case Developments

Habeas Case Delays

In February, Federal Judge Colleen Kollar-Kotelly Colleen Kollar-Kotelly “lashed out” at government prosecutors for “repeated delays” in the case of the four Kuwaitis detained at Guantanamo Bay. The Judge ordered one government lawyer removed from the case for failing to comply with repeated orders to produce requested declassified evidence, explaining in a court document his “compliance was not optional.” She continued in document, that the court "has serious concern about counsel's ability to read and comprehend its orders."[6] According to Agence France-Presse Agence France Presse, “The rare public row between the judge and prosecutors reflects frustrations over delays to appeals by Guantanamo prisoners in federal courts.”[7]

On June 9, 2009, the lead attorney for the Kuwaiti detainees at Guantanamo, David Cynamon, called on Congress to delay the confirmation hearings for Supreme Court nominee Sonia Sotomayor until the Obama administration’s commitment to the rule of law and compliance with Supreme Court decisions is examined. In the letter , Cynamon asks Judiciary Committee Chairman Patrick Leahy (D-VT) to first schedule a Judiciary Committee hearing on the Obama Administration’s failure to comply with Boumediene v. Bush.

“The Bush Administration Department of Justice did everything in its power to delay and obstruct the habeas cases from proceeding in federal court. This was disappointing but not surprising,” Cynamon wrote in the letter. “What has been surprising is that the Obama Justice Department has maintained the same policy of delay and obstruction.”

Progress in Two of the Four Kuwaiti Detainees’ Cases

Two of the four Kuwaiti detainees are expected to be handed over to Kuwaiti authorities after negotiations, Major Barry Wingard , Fayiz Al-Kandari’s military attorney, said at a press conference in Kuwait on June 9, 2009.[8] While the administration maintains that two other Kuwaiti detainees, Fayiz Mohammed Ahmed Al-Kandari and Fouad Mahmoud Al-Rabiah, will face charges, Major Wingard said there is a lack of evidence in Fayiz’s case. There is “not enough proof to try him [Fayiz]” in a U.S. federal court, Wingard said.

U.S. Promises to Review Kuwaiti Detainee Cases

In April 2009, the United States promised to review the cases of the four Kuwaiti Guantanamo detainees after U.S. Secretary of State Hillary Clinton visited Kuwait and met with the country’s Ministry of Foreign Affairs.[9] "Clinton promised that Washington would rapidly and seriously review the files of the four Kuwaiti prisoners and notify Kuwait in this regard as soon as possible," the Kuwait News Agency reported, citing a statement by Kuwait's Ministry of Foreign Affairs.[10]

2008 Military Commissions Filing

In March 2008, attorneys for Fawzi al-Odah and three other Kuwaiti detainees held at Guantanamo Bay filed an emergency petition with the U.S. Court of Military Commission seeking to block military prosecutors from contacting the four detainees without their attorneys’ consent. The attorneys’ petition for a writ of mandamus – or other appropriate order – was due to concerns that military prosecutors had violated, or intended to violate, military and professional rules of legal conduct.

Matthew MacLean, a Washington-based attorney for the Kuwaitis, explained in an interview with the Associated Press that government interrogators told his clients their lawyers are Jewish in a bid to sow mistrust. "Are these prosecutors bound by the rules that are binding on all prosecutors everywhere?" MacLean said. "Or are these prosecutors going to be allowed to be cowboys, doing whatever they want?"[11]

Boumediene v. Bush

On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo detainees to access the US Federal Court system. And all previous Guantanamo detainees' habeas petitions were eligible to be re-instated.

On July 18, 2008 David J. Cynamon filed a "PETITIONERS’ STATUS REPORT" in Al Odah, v. United States Civil Action No. CV 02-0828 (CKK) on behalf of Fawzi Khalid Abdullah Fahad Al Odah, Fayiz Mohammed Ahmen Al Kandari, Khalid Abdullah Mishal Al Mutairi, Fouad Mahmoud Al Rabiah.[12] He wrote that they were the four remaining Kuwaiti detainees in Guantanamo. He wrote that none of the four men had been cleared for release. He wrote that the government had completed "factual returns" for all four men—but those factual returns had contained redacted sections.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo detainees were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Kuwaiti detainees

isn name arrival
date 		departure
date 		notes
ISN 65 Omar Rajab Amin 2002-01-12 2006-09-06
205 Nasser Najiri Amtiri 2002-02-07 2005-01-16
  • Alleged to have fought on the front lines.[16]
213 Khalid Abdullah Mishal al Mutairi 2002-02-09 2009-10-09
  • Named differently on the official lists of names.[4][17][18]
  • Allegedly named on a suspicious list.[18]
  • Allegedly donated money to Al Wafa.
  • Repatriated, convicted, conviction overturned on appeal.[19][20]
  • Colleen Kollar-Kotelly ordered his release, following his habeas corpus review, on July 29, 2009.[21]
  • Repatriated on October 9, 2009.[22]
217 Abd Al Aziz Sayer Uwain Al Shammeri 2002-02-10 2005-11-02
  • Allegedly named on a suspicious list.[23]
  • Allegedly led other detainees to be non-compliant.[24]
  • Allegedly visited the al Qaida Media House.[25]
  • Allegedly associated with members of al Wafa.
  • Was present during the riot at Mazari Sharif.
220 Abdallah Saleh Ali Al Ajmi 2002-01-17 2005-11-02
  • Alleged to have admitted being a fighter in Afghanistan.[26]
  • Abdullah Al-Ajmi launched a suicide attack in Mosul in Iraq.
  • Denied ever being in Afghanistan.[27]
  • Was the first detainee to have a Tribunal convened.[28]
228 Abdullah Kamel Abudallah Kamel 2002-05-01 2005-11-02
  • Captured wearing a Casio watch.[29]
  • Name found on a suspicious list.[29]
  • Named inconsistently on official documents.[29][30]
229 Mohammed Fenaitel Mohamed Al Daihani 2002-05-03 2005-11-02
  • Allegedly named on a suspicious list.[31]
  • Claims he was sold for a bounty.
  • Donated $2500 to dig five rural wells to a charity the USA suspected of ties to terrorims.[32]
232 Fouzi Khalid Abdullah al Awda 2002-02-12
551 Fouad Mahmoud al Rabiah 2002-05-01 2002-05-01
  • Allegedly delivered money to Osama bin Laden personally, and to al Qaeda through the suspect Afghan-based charity al Wafa.[33]
  • Claims he met bin Laden solely at social functions, when he was on a fact-finding mission for legitimate Kuwaiti-based charities.[34]
  • Allegedly was negotiating logistics contracts with al Qaeda.[35]
  • Allegedly named on suspicious lists.
552 Faiz Mohammed Ahmed Al Kandari 2002-05-01
  • Allegedly an al Qaeda recruiter.[36]
  • Allegedly named on a suspicious list.[37]
  • Allegedly Osama bin Laden's spiritual adviser.
  • James R. Crisfield, the Tribunal's legal advisor confirmed that the determination that Al Kandari was an "enemy combatant" was based on "hearsay evidence".[28]
568 Adel Zamel Abd Al Mahsen Al Zamel 2002-05-04 2005-11-02
  • Allegedly one of the founders of the suspect Afghanistan-based charity al Wafa.[38]
  • Allegedly knows some of the al Qaeda's inner circle, including Faiz Al Kandari, reportedly Osama bin Laden's religious advisor.[39]
  • Repatriated, charged in Kuwait, tried, and acquitted of all charges.[40][41][42][43]
571 Sa ad Madhi Sa ad Howash Al Azmi 2002-05-01 2005-11-02
  • Allegedly worked for the suspect charity al Wafa.[44]
  • Allegedly ran a safehouse.
  • Allegedly knew senior members of al Qaeda.
  • Repatriated on November 4, 2005.[40] Charged and acquitted in Kuwait on May 22, 2006.[41]

Media coverage

1. Major Issues to be Discussed Premier’s US Visit Timely,", Kuwait Times, September 15, 2008.

2. William Glaberson, "Despite Ruling, Detainee Cases Facing Delays,", New York Times, October 4, 2008.

3. "2 Kuwaitis at Guantanamo Bay Charged with War Crimes", USA Today, October 22, 2008.

4. "Obama’s Election Bodes Changes for Guantanamo Prisoners,", Agence France-Presse, November 16, 2008.

5. "Court orders new review on torture, allows tobacco lawsuits", SCOTUS Blog, December 15, 2008.

6. Ben Garcia, "Gitmo Detainees’ Fate Undecided,", Kuwait Times, January 27, 2009.

7. David Cynamon, "A Glossy View of Guantanamo Bay", Washington Post, March 22, 2009.

8. Zachary Roth, "Not Just State Secrets", Talking Points Memo, April 10, 2009.

9. "U.S. Judge Lambasts Government Guantanamo Lawyers", Agence France-Presse, April 8, 2009.

8. Josh Gerstein, "Judge Riles at DOJ in Gitmo Case", Politico, April 6, 2009.

Resources

1. Kuwaiti Family Committee:

2. Amnesty International:

3. Human Rights Watch:

References

  1. ↑ 1.0 1.1 "Life after Guantanamo Bay". Al Jazeera.
  2. ↑ Diana Elias (January 12, 2008). "Bush says 2 Kuwaitis at Guantanamo prison will be charged". MSNBC. Retrieved 2008-01-13.
  3. ↑ "Two Kuwaitis will be charged at Guantanamo: Bush". The Times of India. January 13, 2008. Retrieved 2008-01-14.
  4. ↑ 4.0 4.1 OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. Retrieved 2007-09-29.
  5. ↑ "US agrees to release two Kuwaiti ‘Gitmos’". Arab Times. March 30, 2008. Retrieved 2008-04-25.
  6. ↑ "[U.S. Judge Lambasts Government Guantanamo Lawyers]http://www.google.com/hostednews/afp/article/ALeqM5hYIhnoUDdLs9kySRwXw-ml3Kussw", Agence France-Presse
  7. ↑ U.S. Judge Lambasts Government Guantanamo Lawyers]http://www.google.com/hostednews/afp/article/ALeqM5hYIhnoUDdLs9kySRwXw-ml3Kussw", Agence France-Presse
  8. ↑ Nawara Fattahova, "Two Kuwaiti detainees in Gitmo prison to be tried in US" , Kuwaiti Times, June 10, 2009.
  9. ↑ Lucas Tanglen, " US pledges to review files of Kuwaiti Guantanamo detainees: Kuwait minister", Jurist, April 26, 2009.
  10. ↑ "U.S. Promises Review of Kuwait Guantanamo Inmate", Reuters, April 26, 2009.
  11. ↑ "Guantanamo lawyers ask court to keep US military prosecutors from contacting detainees," Associated Press, March 18, 2009.
  12. ↑ David J. Cynamon (2008-08-19). "Guantanamo Bay Detainee Litigation: Doc 88 -- petitioners' status report". United States Department of Justice. Retrieved 2008-08-23. mirror
  13. ↑ documents (.pdf) from Omar Rajab Amin's Combatant Status Review Tribunal - - mirror - pages 4-27
  14. ↑ Factors for and against the continued detention (.pdf) of Omar Rajab Amin Administrative Review Board - page - May 17, 2005
  15. ↑ Two Kuwaitis to leave Guantanamo soon: group, Washington Post, September 10, 2006
  16. ↑ documents (.pdf) from Nasir Najr Nasir Balud Al Mutayri's Combatant Status Review Tribunal
  17. ↑ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  18. ↑ 18.0 18.1 Factors for and against the continued detention (.pdf) of Khalid Bin Abdullah Mishal Thamer Al Hameydani Administrative Review Board - pages 17-19 - May 2, 2005
  19. ↑ Kuwaiti appeals court overturns former Guantánamo prisoner's conviction, International Herald Tribune, December 5, 2006
  20. ↑ Former Guantanamo detainee acquitted of terror charges by Kuwait high court, The Jurist, December 5, 2006
  21. ↑ Jaclyn Belczyk (2009-07-30). "Federal judge orders release of Kuwaiti Guantanamo detainee". The Jurist. Archived from the original on 2009-07-31. Retrieved 2009-07-31.
  22. ↑ Carol Rosenberg (2009-10-09). "Guantánamo detainees sent to Kuwait, Belgium". Miami Herald. Archived from the original on 2009-10-09. 'The new facility will provide detainees with access to education, medical care, group discussions and physical exercise to help them recover from their long ordeal in Guantánamo,' said a statement issued by a Kuwaiti support group that announced Mutairi's repatriation.
  23. ↑ Summary of evidence (.pdf) from Abd Al Aziz Sayer Uwain Al Shammeri's Combatant Status Review Tribunal - page 28
  24. ↑ Factors for and against the continued detention (.pdf) of Abd Al Aziz Sayer Uwain Al Shammeri Administrative Review Board - pages 15-16 - April 20, 2005
  25. ↑ Summarized transcript (.pdf) (.pdf)] from Abd Al Aziz Sayer Uwain Al Shammeri's Administrative Review Board hearing - page 109
  26. ↑ Factors for and against the continued detention (.pdf) of Abdallah Saleh Ali Al Ajmi Administrative Review Board - page 8
  27. ↑ Summarized transcripts (.pdf) from Abdallah Saleh Ali Al Ajmi's Administrative Review Board - page 46
  28. ↑ 28.0 28.1 Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings". Seton Hall University School of Law. p. 34. Retrieved April 2, 2007.
  29. ↑ 29.0 29.1 29.2 documents (.pdf) from Abdullah Kamel Abdullah Kamel Al Kandari's Combatant Status Review Tribunal - mirror - pages 30-37
  30. ↑ Factors for and against the continued detention (.pdf) of Abdullah Kamel Abdullah Kamel Al Kandari Administrative Review Board - pages 9-11
  31. ↑ Summarized transcripts (.pdf), from Mohammed Fenaitel Mohamed Al Daihani's Combatant Status Review Tribunal - pages 71-82
  32. ↑ OARDEC (2005-04-22). "Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammed Fenaitel Mohamed Al Daihani". United States Department of Defense. pp. pages 24–25. Retrieved 2010-03-30.
  33. ↑ Summary of Evidence (.pdf) from Fouad Mahoud Hasan Al Rabia's Combatant Status Review Tribunal, page 47
  34. ↑ Summarized transcripts (.pdf) from Fouad Mahoud Hasan Al Rabia's Combatant Status Review Tribunal, pages 13-43
  35. ↑ Summarized transcript (.pdf), from Fouad Mahoud Hasan Al Rabia's Administrative Review Board hearing - page 115
  36. ↑ Summary of Evidence (.pdf) from Faiz Mohammed Ahmed Al Kandari's Combatant Status Review Tribunal, page 20
  37. ↑ Factors for and against the continued detention (.pdf) of Faiz Mohammed Ahmed Al Kandari Administrative Review Board - page 31
  38. ↑ documents (.pdf) from Adil Zamil Abdull Mohssin Al Zamil's Combatant Status Review Tribunal, August 18, 2004, pages 12-16
  39. ↑ Factors for and against the continued detention (.pdf) of Adil Zamil Abdull Mohssin Al Zamil Administrative Review Board, May 10, 2005 - page 41
  40. ↑ 40.0 40.1 Kuwaitis released from Guantanamo, BBC, November 4, 2005
  41. ↑ 41.0 41.1 Kuwaiti court acquits ex-Guantanamo prisoners. Independent Online (South Africa), May 22, 2006
  42. ↑ 5 Ex-Guantanamo Detainees Freed in Kuwait, Washington Post, May 21, 2006
  43. ↑ Kuwait's Gitmo men acquitted - again, Kuwait Times, July 23, 2006
  44. ↑ Summary of evidence (.pdf) prepared for Saad Madhi Saad Howash Al Azmi's Combatant Status Review Tribunal - page 21