By Andy Worthington

From Close Guantanamo | Original Article

One of the greatest injustices at Guantánamo is that, of the 169 prisoners still held, over half -- 87 in total -- were cleared for release by President Obama's interagency Guantánamo Review Task Force. The Task Force involved around 60 career officials from various government departments and the intelligence agencies, who spent the first year of the Obama Presidency reviewing the cases of all the remaining prisoners in Guantánamo, to decide whether they should be tried, released, or, in some cases, held indefinitely without charge or trial. The Task Force's final report is here (PDF).

Exactly who these 87 men are is a closely held secret on the part of the administration, which is unfortunate for those of us working towards the closure of Guantánamo, as it prevents us from campaigning as effectively as we would like for the majority of these men, given that we are not entirely sure of their status. Attorneys for the prisoners have been told about their clients' status, but that information -- as with so much involving Guantánamo -- is classified.

However, through recent research -- into the classified military files about the Guantánamo prisoners, compiled by the Joint Task Force at the prison, which were released last year by WikiLeaks, as well as documents made available by the Bush administration, along with some additional information from the years of the Obama administration -- I have been able to establish the identities of 40 men -- 23 Yemenis, and 17 from other countries -- who, between 2004 and 2009, were cleared for release by the Joint Task Force at Guantánamo, by military review boards under the Bush administration, or by President Obama's Task Force, and to identify the official documents in which these decisions were noted.

The Task Force recommended 126 prisoners for release, including 29 Yemenis, and created a category of "conditional detention" for 30 more Yemenis, claiming that they could be held until the security situation in Yemen improved. However, as a result of the hysteria that greeted the news that Umar Farouk Abdulmutallab, a Nigerian citizen who tried and failed to detonate a bomb in his underwear on a flight into the U.S. on Christmas Day 2009, had been recruited in Yemen, President Obama issued a moratorium on releasing any Yemenis from Guantánamo in January 2010. This is still in place nearly two and a half years later, even though no connection has been made between the Yemenis cleared for release from Guantánamo, and the al-Qaeda offshoot in Yemen -- al-Qaeda in the Arabian Peninsula -- that apparently recruited Abdulmutallab.

Of the 156 prisoners cleared for release by President Obama's Task Force, 69 have been released since President Obama took office. The majority of the 40 men identified through my research were cleared during the Bush administration, between 2004 and 2008, but although it is possible that some of them subsequently had the recommendations for their release withdrawn, it is, I believe, fair to assume that the majority did not, and that the Task Force largely concurred with the decisions made by military review boards under the Bush administration.

As a result, I believe it is fair to say that the 40 names that I have identified clarify who has been cleared for release to a greater extent than has previously been revealed.

Please also note that 35 Yemenis and 12 others remain to be identified, to make the figure of 87 identified in the Guantánamo Review Task Force's report in January 2010.

What this analysis makes clear is that almost a quarter of the prisoners still held at Guantánamo -- men that the U.S. government acknowledges it does not want to continue holding, or to put on trial -- have been waiting for their freedom for between four and eight years, a statistic that ought to shock anyone concerned with fairness and justice. It is a profound disgrace that these men are still held, and three courses of action need to be implemented as soon as possible:

• Dropping the moratorium of January 2010 and releasing the 28 Yemenis cleared for immediate release by the Guantánamo Review Task Force in 2009;
• Urgently resuming the search for new homes in other countries for other cleared prisoners who cannot be safely repatriated; and
• If this is not feasible, releasing those who cannot be repatriated into the United States, to resume their lives in the country that has been responsible for continuing to hold them, even when cleared for release.

Below are the prisoners whose approval for release I identified during intensive searches of publicly available documents:

40 prisoners still at Guantánamo who have been cleared for release (out of 87 in total) -- 23 Yemenis and 17 others

1. ISN 026 Fahed Ghazi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Ghazi's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated July 28, 2006. A transfer recommendation was also made after his Administrative Review Board Round Three, on October 30, 2007 (PDF, p. 44).

2. ISN 034 Abdullah Al Yafi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Yafi's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated April 5, 2007. A transfer recommendation was also made after his Administrative Review Board Round Three, on October 30, 2007 (PDF, p. 121).

3. ISN 038 Ridah Al Yazidi (Tunisia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Yazidi's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated June 6, 2007, which repeated a similar recommendation issued on July 1, 2006. However, a transfer recommendation was made after his Administrative Review Board Round Three, on November 19, 2007 (PDF, p. 160). In addition, on September 28, 2009, Reuters reported that a list posted in Guantánamo "to let the prisoners know how many from each nation have been judged free to go" included nine Tunisians, and with four subsequently released or transferred to Italian custody, that means that the list must have included the five Tunisians who remain.

4. ISN 115 Abdul Rahman Naser (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Naser's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 1, 2007, in which it was also noted, "Detainee is on a list of high-risk detainees from a health perspective but is in overall fair health. Detainee has a history of Major Depressive Disorder which is controlled with frequent follow up to mental health services but he refuses antidepressant treatment."

5. ISN 152 Asim Al Khalaqi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Khalaqi's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 1, 2007. A transfer recommendation (for "transfer with conditions") was also made after his Administrative Review Board Round Three, on August 20, 2007 (PDF, p. 159).

6. ISN 156 Adnan Farhan Abdul Latif (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Latif's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated December 18, 2006. Latif subsequently had his habeas corpus petition granted, in July 2010, but that ruling was overturned on appeal in October 2011. He has since appealed to the Supreme Court.

7. ISN 163 Khalid Al Qadasi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Qadasi's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 22, 2007.

8. ISN 165 Said Al Busayss (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Busayss's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention(TRCD)," dated September 3, 2004. He was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantánamo in 2005 (see PDF).

9. ISN 167 Ali Yahya Al Raimi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Raimi's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated October 29, 2004. He was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantánamo in 2005 (see PDF).

10. ISN 168 Adel Hakeemy (Tunisia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Hakeemy's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated November 4, 2007, which repeated a similar recommendation issued on August 11, 2006. However, a transfer recommendation was made after his Administrative Review Board Round Three, on March 17, 2007 (see PDF, p. 194). In addition, on September 28, 2009, Reuters reported that a list posted in Guantánamo "to let the prisoners know how many from each nation have been judged free to go" included nine Tunisians, and with four subsequently released or transferred to Italian custody, that means that the list must have included the five Tunisians who remain.

11. ISN 174 Hisham Sliti (Tunisia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Sliti's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated October 1, 2008, which repeated a similar recommendation issued on May 22, 2007. In December 2008, he had his habeas corpus petition denied, but on September 28, 2009, Reuters reported that a list posted in Guantánamo "to let the prisoners know how many from each nation have been judged free to go" included nine Tunisians, and with four subsequently released or transferred to Italian custody, that means that the list must have included the five Tunisians who remain.

12. ISN 200 Said Al Qahtani (Saudi Arabia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, it was noted that, sometime before January 5, 2009, there was a "Designated Civilian Official (DCO) Decision to Transfer" al-Qahtani, although the Joint Task Force issued a response on that date, which "reaffirm[ed] the 17-May-2008 recommendation for the continued detention of SA-200," based on a determination that he posed a high risk.

13. ISN 202 Mahmoud Bin Atef (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, bin Atef's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated December 28, 2007, which repeated a similar recommendation issued on December 16, 2006. However, he was approved for transfer/release after Administrative Review Board Round One, which was held at Guantanamo in 2005 (see PDF).

14. ISN 224 Abdul Rahman Muhammad (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Muhammad's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 14, 2007.

15. ISN 238 Nabil Hadjarab (Algeria) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Hadjarab's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 22, 2007, and he was told that he had been cleared for release in April 2007. A transfer recommendation was also made after his Administrative Review Board Round Three, on September 18, 2007 (PDF, p. 386). His lawyers, at the London-based legal action charity Reprieve, have worked hard to secure his release in France, where his extended family lives, and where he spent much of his youth, but to no avail, as I explained in a recent article.

16. ISN 239 Shaker Aamer (UK-Saudi Arabia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Aamer's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated November 1, 2007. However, he was told he was approved for transfer in March 2007, and it is believed that he has been approved for transfer under President Obama, as three British MPs explained in a letter to Congress on December 1, 2011. Since August 2007, successive British governments have also claimed that they have tried to secure his release, but that the the ultimate decision rests with the U.S., an argument that his lawyers, and campaigners for his release, do not find credible.

17. ISN 249 Mohammed Al Hamiri (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Hamiri's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated April 1, 2007.

18. ISN 251 Mohammed Bin Salem (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, bin Salem's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated April 14, 2004. He was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantánamo in 2005 (see PDF).

19. ISN 255 Saeed Hatim (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Hatim's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 9, 2007. He subsequently had his habeas corpus petition granted, in December 2009, when Judge Ricardo Urbina found that the government's allegations against him were, as Amnesty International noted, based "almost entirely upon admissions made by the petitioner himself -- admissions that the petitioner contends he made only because he had previously been tortured while in U.S. custody." Amnesty added, "Significantly, the government does not contest the petitioner's claims of torture." However, that ruling was vacated on appeal in February 2011, and sent back to the District Court to reconsider.

20. ISN 257 Umar Abdulayev (Tajikistan) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Abdulayev's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated February 27, 2008, which repeated a similar recommendation issued on August 1, 2007. However, he was approved for transfer by President Obama's Guantanamo Review Task Force in July 2009.

21. ISN 259 Fadil Hintif (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Hintif's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 9, 2007. A transfer recommendation was also made after his Administrative Review Board Round Three, on August 29, 2007 (PDF, p. 490).

22. ISN 275 Yusef Abbas (China) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Abbas's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated February 14, 2004. Abbas had his habeas corpus petition granted in October 2008, when Judge Ricardo Urbina ordered his release into the US along with 16 other Uighurs (Muslims form China's Xinjiang province), but the D.C. Circuit reversed this ruling under President Obama, in February 2009, deciding that matters of immigration are for the executive branch, and not the courts to decide. 14 of the 17 Uighurs have now been freed in other countries (Bermuda, Palau, Switzerland and El Salvador), but three -- including Yusef Abbas -- remain.

23. ISN 280 Saidullah Khalik (China) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Khalik's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated February 21, 2004. Khalik had his habeas corpus petition granted in October 2008, when Judge Ricardo Urbina ordered his release into the US along with 16 other Uighurs (Muslims form China's Xinjiang province), but the D.C. Circuit reversed this ruling under President Obama, in February 2009, deciding that matters of immigration are for the executive branch, and not the courts to decide. 14 of the 17 Uighurs have now been freed in other countries (Bermuda, Palau, Switzerland and El Salvador), but three -- including Saidullah Khalik -- remain.

24. ISN 282 Hajiakbar Abdulghupur (China) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Abdulghupur's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated February 21, 2004. Abdulghupur had his habeas corpus petition granted in October 2008, when Judge Ricardo Urbina ordered his release into the US along with 16 other Uighurs (Muslims form China's Xinjiang province), but the D.C. Circuit reversed this ruling under President Obama, in February 2009, deciding that matters of immigration are for the executive branch, and not the courts to decide. 14 of the 17 Uighurs have now been freed in other countries (Bermuda, Palau, Switzerland and El Salvador), but three -- including Hajiakbar Abdulghupur -- remain.

25. ISN 288 Motai Saib (Algeria) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Saib's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated January 9, 2007. A transfer recommendation was also made after his Administrative Review Board Round Three, on June 4, 2007 (PDF, p. 526).

26. ISN 290 Ahmed Belbacha (Algeria) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Belbacha's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated January 15, 2006, although it was also noted, "If a satisfactory agreement can be reached that ensures continued detention and allows access to detainee and/or to exploited intelligence, detainee can be Transferred Out of DoD Control (TRO)." Belbacha was then approved for transfer/release after Administrative Review Board Round Two, which was held at Guantánamo in 2006 (see PDF), and was told that he had been cleared for release in February 2007. He has since been fighting to prevent his return to Algeria, where he was tried in absentia in 2010 and given a 20-year sentence in a show trial, and awaits a country that will take him. Residents in Amherst, Massachusetts, and in Bournemouth in the U.K., where he lived and worked from 1999 to 2001, have offered to take him in, but the U.S. and U.K. governments are opposed to the proposals.

27. ISN 310 Djamel Ameziane (Algeria) No recommendation was listed in his military file on August 21, 2008, although he was assessed as a high risk. However, his lawyers have been actively seeking a new home for him in a third country, and it is clear that he is one of the six Algerians referred to in the Washington Post article, "Six detainees would rather stay at Guantanamo Bay than be returned to Algeria," published on July 10, 2010. On March 30, 2012, the Inter-American Commission on Human Rights (IACHR), a key part of the Organization of American States (OAS), accepted jurisdiction over his case. Announcing the decision his lawyers at the New York-based Center for Constitutional Rights stated, "The IACHR will now move to gather more information on the substantive human rights law violations suffered by Djamel Ameziane -- including the harsh conditions of confinement he has endured, the abuses inflicted on him, and the illegality of his detention."

28. ISN 440 Mohammed Bawazir (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Bawazir's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated May 30, 2007.

29. ISN 461 Abdul Rahman Al Qyati (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Qyati's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated September 10, 2004. He was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantanamo in 2005 (see PDF).

30. ISN 502 Abdul Ourgy (Tunisia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Ourgy's file was a "Recommendation for Continued Detention Under DoD Control (CD)," dated June 22, 2007, which repeated a similar recommendation issued on June 15, 2006. However, a transfer recommendation was made after his Administrative Review Board Round Three, on December 20, 2007 (PDF, p. 185). In addition, on September 28, 2009, Reuters reported that a list posted in Guantánamo "to let the prisoners know how many from each nation have been judged free to go" included nine Tunisians, and with four subsequently released or transferred to Italian custody, that means that the list must have included the five Tunisians who remain.

31. ISN 506 Khalid Al Dhuby (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Dhuby's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated December 25, 2006. A transfer recommendation was also made after his Administrative Review Board Round Three, on May 22, 2007 (PDF, p. 195).

32. ISN 511 Sulaiman Al Nahdi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Nahdi's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated August 13, 2007. Al-Nahdi subsequently had his habeas corpus petition denied, in February 2010.

33. ISN 535 Tariq El Sawah (Egypt) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, El-Sawah's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated September 30, 2008, in which it was also noted, "Detainee is on a list of high-risk detainees from a health perspective." However, on December 16, 2008, he was put forward for a trial by military commission. He is not currently charged, and, as the Washington Post explained in March 2010, he is regarded as one of "the most significant informants ever to be held at Guantánamo," and, with another informant, Mohamedou Ould Slahi, is housed separately from the other prisoners, with extra privileges. As the Post also noted:

Some military officials believe the United States should let them go -- and put them into a witness protection program, in conjunction with allies, in a bid to cultivate more informants. "I don't see why they aren't given asylum," said W. Patrick Lang, a retired senior military intelligence officer. "If we don't do this right, it will be that much harder to get other people to cooperate with us. And if I was still in the business, I'd want it known we protected them. It's good advertising." A current military official at Guantánamo suggested that that argument was fair. Still, he said, it's "a hard-sell argument around here."

34. ISN 553 Abdul Khaliq Al Baidhani (Yemen, listed as Saudi Arabia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Baidhani's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated December 16, 2006.

35. ISN 554 Fehmi Al Assani (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Assani's file was a "Recommendation to Retain under DoD Control (DoD)," dated October 22, 2004. However, a transfer recommendation was made after his Administrative Review Board Round Three, on July 30, 2007 (PDF, p. 338), although he then had his habeas corpus petition denied, in February 2010.

36. ISN 566 Mansoor Qattaa (Yemen, listed as Saudi Arabia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Qattaa's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated June 9, 2007.

37. ISN 572 Salah Al Zabe (Yemen, but listed as Saudi Arabia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, al-Zabe's file was a "Recommendation to Transfer to the Control of Another Country for Continued Detention (TRCD)," dated September 3, 2004. He was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantánamo in 2005 (see PDF).

38. ISN 684 Mohammed Tahamuttan (Palestine) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Tahamuttan's file was a "Recommendation for Transfer Out of DoD Control (TRO)," dated October 9, 2007. In August 2009, he was one of three prisoners considered for resettlement in Germany, but only the other two were accepted, largely, it seems, for political reasons. In July 2010, Der Spiegel noted that Tahamuttan had “made a good impression on the Germans,” but that his rejection was a move that was “probably intended primarily to send a political message at home in Germany,” where it was thought that Interior Minister Thomas de Maizière “felt that he had to show the many members of his party who had opposed reaching an agreement with the United States on Guantánamo that he was not blindly obeying the Americans.”

39. ISN 894 Mohammed Abdul Rahman (Tunisia) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, Abdul Rahman's file was a "Recommendation to Release or Transfer to the Control of Another Country for Continued Detention (TR)," dated June 27, 2004, in which it was also noted that he "had a mechanical heart valve placed in 1999," and "has chronic problems with his heart rhythm (atrial fibrillation)," and also "has a history of kidney stones, latent tuberculosis, depression and high blood pressure. He is also on chronic anticoagulation (blood thinners)." Abdul Rahman was also approved for transfer/release after Administrative Review Board Round One, which was held at Guantánamo in 2005 (see PDF). In addition, on September 28, 2009, Reuters reported that a list posted in Guantánamo "to let the prisoners know how many from each nation have been judged free to go" included nine Tunisians, and with four subsequently released or transferred to Italian custody, that means that the list must have included the five Tunisians who remain.

40. ISN 1015 Hussein Almerfedi (Yemen) In the classified U.S. military files relating to the Guantánamo prisoners, which were released by WikiLeaks in April 2011, it was noted that, sometime before January 14, 2009, there was a "Designated Civilian Official (DCO) Decision to Transfer" Almerfedi, although the Joint Task Force issued a response on that date, which "reaffirm[ed] the 28 April 2008 recommendation for the continued detention of YM-1015," based on a determination that he posed a high risk. He subsequently had his habeas corpus petition granted, in July 2010, but that ruling was reversed on appeal in July 2011.

To demand the release of these prisoners, and the 47 others cleared for release who have not been identified, please write to: Secretary of State Hillary Clinton, U.S. Department of State, 2201 C Street NW, Washington D.C. 20520.