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Biden Administration Clears three Guantánamo Detainees for Launch

The Biden government has approved three detainees in Guantánamo Bay for release to countries that have agreed to impose security conditions on them, including the oldest of the remaining prisoners of war, lawyers and government officials in the United States, said Monday.

The permits increased the number of 40 prisoners currently in war prison who were approved for transfer to other countries to nine. However, it is unclear where the three men will go or when, in part because the State Department will have to make diplomatic and security agreements with countries to accommodate them.

Some of the other detainees who have been released for release over the years have waited a decade for another country to agree to accept them. In some cases, countries are asked to continue detaining detainees or bring them to justice. In most cases, they will be asked to prevent them from traveling abroad for at least two years.

Among those granted permission is Saifullah Paracha, 73, from Pakistan, who was captured in Thailand in 2003. Not only is he the oldest of the inmates, but he has also been referred to as one of the sick with heart disease and diabetes, and high blood pressure.

The other two were Abdul Rabbani, 54, also a Pakistani citizen, and Uthman Abdul al-Rahim Uthman, 40, a Yemeni. None of them have been charged with any crime by the United States in the two decades they have been in custody.

Of the other detainees who remained, 12 were charged with war crimes, one was convicted and 19 are considered too dangerous to be placed in another country’s custody.

The news that the men had been allowed to be released originally came from their lawyers, who heard about it from prisoners in phone calls between lawyer and client. Two government officials upheld the three dismissal decisions, but on condition of anonymity as they were not authorized to discuss them.

The decision to approve the three releases was made early last week by the attorney general, the director of the national intelligence service, the chairman of the joint chiefs of staff and the secretaries of defense, homeland security and state. All have representatives who sit on the Periodic Review Board, the organization that assesses the threat posed by the detainees.

Mr. Rabbani was captured during a 2002 security police raid in Karachi, Pakistan, with his brother, who is also held as a prisoner of war in Guantánamo Bay. Both Rabbani brothers were held by the CIA for more than 500 days before being placed in US military custody.

Mr. Uthman was held the longest of the three. He was brought to Guantánamo as a suspected member of Osama bin Laden’s bodyguard corps within days of the opening of Camp X-Ray in January 2002. Most recently, he was rejected for release in 2018, also because he “lacked credible plans to support himself during the transfer” and he had not said how his family could support him.

Despite a commitment to renew efforts by the Obama administration to end the detention operations at the naval base in Cuba, the Biden administration has yet to restart renditions. It currently has not appointed a senior US official to negotiate business with other countries.

The Trump administration shut down the office of the Special Envoy for the Closure of Guantánamo and transferred only one prisoner, a seasoned Saudi terrorist who was repatriated in 2018 to serve his war criminal sentence in a former jihadist rehabilitation center.

The last known US rendition of a prisoner from Guantánamo to Pakistan was in 2008. The US stopped repatriating Yemenis in 2010 because it feared that the Yemen government could not monitor the men and prevent them from coming back to join an Al Qaeda franchise there.

Mr. Paracha, a former businessman and long-time legal resident of New York, was captured in July 2003 during an FBI stab operation in Thailand. He was lured from his home in Karachi, Pakistan, to Bangkok to discuss what turned out to be a sham merchandising deal with representatives from Kmart. Instead, secret service agents seized, covered and shackled him and flew him to Afghanistan.

He was viewed by US intelligence as an intermediary who helped the man accused of plotting the September 11, 2001 attacks, Khalid Shaikh Mohammed and Mohammed’s nephew, Ammar al-Baluchi, with financial transactions in Pakistan after the attacks. Both men are charged with conspiring in the September 11th attacks, a capital incident.

Mr Paracha admitted having secured about $ 500,000 for her, but said he was unaware of her identity or her ties to al-Qaeda. He claimed he helped them as he would any other Muslim.

At the time of Mr. Paracha’s capture, his eldest son, Uzair Paracha, was arrested in the United States on suspicion of supporting terrorism. Uzair Paracha was then tried, his conviction overturned, and returned to Pakistan last year in an agreement with prosecutors to drop the case if he gives up his permanent residence status.

Saifullah Paracha’s younger son, Mustafa Paracha, said in an interview last year that his father would like to spend time with his family after his return to Pakistan and that his first concern is to attend to his health needs. At the beginning of his detention, US military doctors flew a cardiac catheterization laboratory and surgical team to Guantánamo, but he refused to consent to the procedure because of concerns about the quality of medical care available there.

Typically, the Periodic Review Secretariat, which manages the Board of Directors, publishes the justifications for the release decisions on its website. The decisions usually contain a recommendation on how to ensure safety and the committee’s recommendations on rehabilitation, repatriation or resettlement of the prisoner who has been admitted for transfer. But it hadn’t done that until Monday evening.

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Biden’s Plan to Finish Afghanistan Struggle Offers Some Detainees Hope for Launch

However, this left unanswered the question of what it would mean if Afghanistan were no longer an active zone of armed conflict, even if the fighting raged thousands of kilometers away elsewhere.

Mr Haroon’s case could be stronger because he is an Afghan national, unlike other detainees who the government says went to Afghanistan to join Osama bin Laden’s Islamist movement. There is only one other Afghan in Guantánamo, Muhammad Rahim, 55, but he presents a more complex case.

He was originally held in CIA custody as a “high-quality prisoner”, and his 2016 intelligence profile describes him as a courier and mediator for al-Qaeda – including bin Laden – who had already been informed of the 9/11 attacks. He was never charged with war crimes.

If the evidence is strong that Mr. Rahim worked directly for al-Qaeda, the government can argue that war violence persists to prevent him from returning to battle even after the war between the United States in Afghanistan is over. But his attorney, Cathi Shusky, a federal defender in Ohio, argued that the evidence was weak.

“There is a reasonable explanation that he was not part of either al Qaeda or the Taliban,” said Ms. Shusky, who said many details of his case have been classified, which prevented her from delving into it. “The narrative is a bit twisted. I think when the facts are fully revealed it will show that his continued detention is not lawful. “

A U.S. military representative for Mr. Rahim told a management review committee in March 2016 that Mr. Rahim regretted his past and wanted to return to his two wives and seven children in Afghanistan. His motives are not ideological, said the representative, but “he only did what he had done for money so that he could support his family.”

His federal court release was on hold for years while he sought release from the board, which repeatedly declared his detention a national security requirement. But Ms. Shusky said she and another lawyer planned to revive his habeas corpus case in light of the decision to withdraw from Afghanistan.

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Who Are The Unique 20 Guantánamo Bay Detainees?

The Obama administration agreed to repatriate Mr. Idris after unusually refusing to challenge his illegal detention request in federal court. He was treated for schizophrenia and other health problems in Guantánamo and later served time in the psychiatric department. After his release he lived essentially as a trapped person, looked after by his family in his home town of Port Sudan, disabled and unable to work. Another former Sudanese prisoner, Sami al-Haj, said he suffered from illnesses related to his torture in Guantánamo. Other early inmates and FBI witnesses reported an early interrogation practice in which some inmates were handcuffed naked in an over-air cell while being verbally abused with loud music and flashing lights to gain their cooperation. He died on February 10th.

Mullah Mazloom, sometimes identified as Mullah Mohammad Fazl, was one of five Taliban members sent to Qatar in exchange for the release of Sgt. Bowe Bergdahl, who was held captive by the Haqqani militant network in the tribal area of ​​Pakistan’s northwestern border. Mullah Mazloom, a former head of the Taliban army, is accused of playing a role in the Shiite Hazara massacres in Afghanistan, crimes that cannot be brought to justice by a military commission, prior to the 2001 invasion of the United States. In Qatar, he is a member of the Taliban’s negotiating team that drafted an agreement to withdraw US forces from Afghanistan and establish a power-sharing agreement between the Afghan government and the Taliban. He traveled to Pakistan in the summer of 2020 as part of the negotiating team, with the prior consent of the US, Qatar and Pakistani governments.

Mr Wasiq, a deputy secretary of intelligence prior to his arrest in 2001, was also involved in the Bergdahl trade and has joined the Taliban’s political office in Doha, Qatar. His brother-in-law Ghulam Ruhani was repatriated in 2007. Both men were captured after a negotiating meeting with US officials. After his transfer to Doha, where he is staying, Mr. Wasiq also took part in talks with the United States that led to the release of additional Taliban prisoners held by the Afghan government under an agreement with the Trump administration the insurgents to stop Taliban attacks on US forces.

Mullah Noori, a provincial governor in Afghanistan, has also joined the Taliban’s political office in Doha, Qatar. Like many expatriates, he and the other four Taliban prisoners traded in for the release of Sergeant Bergdahl live in Doha as guests of the Qatari government. They were accompanied by a family, send their children to a Pakistani school set up for foreign families, and live on a site on government grants. Your ability to travel is regulated by the government of Qatar.

Mr. Shalabi became one of the most famous Saudi prisoners in Guantánamo because of his prolonged hunger strikes, which at times involved force-feeding. After he returned to Saudi Arabia in September 2015, he was immediately jailed for a three-year sentence, which was reduced for “good behavior”. In 2018, he was released after a year or more on a rehabilitation program. He got married and became a father. He has fulfilled the wish that his lawyer asked the Guantánamo Parole Board in April 2015 to “settle down, get married, start a family and leave the past behind”.

According to activists who spoke to the families of Yemenis sent there for resettlement by the Obama administration, Mr. Rahizi, a Yemeni citizen who the United States has concluded cannot be safely repatriated, is locked in a cell in the United Arab Emirates. American officials said the Emirates agreed to set up a resignation program for inmates who could not go home – from prison to a rehabilitation program to jobs in the region that are heavily dependent on foreign labor. That never happened. The London-based project Life After Guantánamo describes imprisonment in the Emirates as grim and threatening, also because the country has considered involuntarily returning former prisoners to Yemen, where they would be in danger.

Mr. Malik, a Yemeni named Abdul Malik al Rahabi, lives in Montenegro, where the United States sent him for resettlement, and tries to sell works of art he painted in Guantánamo. He was joined by his wife and daughter, who found life there to be socially incompatible. The family moved to Khartoum in Sudan. But life was difficult there too and they returned to Montenegro. The art sales stopped some time ago and Mr. Malik’s idea of ​​working as a driver and guide for tourists turned sour when the coronavirus pandemic broke out.

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This is The place The First Guantánamo Detainees Are Now

Abd al Malik, 41, a Yemeni, was sent to settle in a peaceful nation, Montenegro. After his release in 2016, he received a government grant for some time, but it had expired. He tried to raise money by selling works of art he had made in Guantánamo, but made his last sale last year. The ambition to work there as a driver and guide never materialized when the tourism-dependent economy recovered. And now he, his wife and 20-year-old daughter are isolated and mostly at home because of the coronavirus pandemic.

“I don’t know what to do, especially now with Corona,” he said recently. “No work. Nothing.”

Four of the first 20 men, all released by the Bush administration, could not be found.

Gholam Ruhani, 46, and the brother-in-law of one of the Taliban’s negotiators were returned to Afghanistan in 2007. This was the last time his lawyer ever heard from him.

Feroz Abassi was sent to Great Britain in 2005, Omar Rajab Amin to Kuwait in 2006 and David Hicks to Australia in 2007. Everyone is purposely out of sight.

Mr Hicks, 45, an Australian drifter who converted to Islam, was captured in Afghanistan in 2001. The only one of the original 20 indicted beyond Mr Bahlul, he went home after pleading guilty of materially supporting terrorism as a Taliban foot soldier a belief that has been overturned.

Ben Saul, a law professor in Sydney, Australia who helped Mr. Hicks in a human rights case in 2016, said when he last heard that Mr. Hicks “works in the landscaped garden and has persistent physical and mental health problems as a result of his US treatment and at Gitmo. “