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GITMO PRISONER LIST REVEALED: FOIA suit reveals Guantánamo’s ‘indefinite detainees’

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The Obama administration lifted a veil of secrecy surrounding the status of the detainees at Guantánamo, for the first time publicly naming the four dozen captives it defined as indefinite detainees — men too dangerous to transfer but who cannot be tried in a court of law.

The names had been a closely guarded secret since a multi-agency task force sifted through the files of the Guantánamo detainees in 2009 trying to achieve President Barack Obama’s executive order to close the detention center. In January 2010, the task force revealed that it classified 48 Guantánamo captives as too dangerous to transfer but ineligible for trial because of a lack of evidence, or because the evidence was too tainted.

They became so-called “indefinite detainees,” a form of war prisoner held under Congress’ 2001 “Authorization for Use of Military Force.”

The Defense Department released the list to The Miami Herald, which, with the assistance of Yale Law School students, had sued for it in federal court in Washington, D.C. The Pentagon also sent the list to the House and Senate Armed Services Committees on Monday, a Defense Department official said.

According to the list, the men designated for indefinite detention are 26 Yemenis, 12 Afghans, 3 Saudis, 2 Kuwaitis, 2 Libyans, a Kenyan, a Moroccan and a Somali.

Some of them are among the prisoners currently on hunger strike and being force-fed at the prison, for example, Kuwaitis Fawzi al Odah, 36, and Fayez al Kandari, 35, and Yemeni Abdal Malik al Wahab, about 43, who in March, according to his lawyer David Remes, vowed to fast until he got out of the prison “either dead or alive.”

Two men on the list are deceased. Both Afghans, one committed suicide with a bedsheet in a recreation yard at Guantánamo’s Camp 6 for cooperative captives and the other died of a heart attack, also in Camp 6. So now the 166 captives at Guantánamo actually include 46 indefinite detainees.

Two former CIA captives, held apart from the majority of Guantánamo’s prisoners as “high-value detainees” are also listed as indefinite detainees: Mohammed Rahim, an Afghan man, and Somali Hassan Guleed.

All the other ex-CIA captives were designated for trial. Those include accused al-Qaida kingpin Khalid Sheik Mohammed, 48, and four alleged fellow conspirators in the hijackings that killed nearly 3,000 people on Sept. 11, 2001, who were in pretrial hearings at the war court this week. Also designated for trial was Abd al Rahim al Nashiri, 48, accused in the 2000 USS Cole attack that killed 17 American sailors, and, like Mohammed, facing a death-penalty tribunal.

Administration officials have through the years described a variety of reasons why the men could not face trial: Evidence against some of the indefinite detainees was too tainted by CIA or other interrogation torture or abuse to be admissible in a court; insufficient evidence to prove an individual detainee had committed a crime; or military intelligence opinions that certain captives had undertaken suicide or other type of terrorist training, and had vowed to engage in an attack on release.

In all, the list identifies 34 candidates for prosecution. Army Brig. Gen. Mark Martins, the Pentagon’s chief war crimes prosecutor, said Sunday night that fewer than those 34 men will be prosecuted because of federal court rulings that disqualified “providing material support for terror” as a war crime in most if not all Guantánamo cases.

The Miami Herald’s Carol Rosenberg, with the assistance of a Yale Law School student clinic, filed suit in federal court in Washington, D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.

Monday, hours before the release of the names, U.S. District Court Judge Gladys Kessler had set a July 8 deadline for the government to update the court on its classification review. The Justice Department gave the list to Brown, who in turn gave it to Rosenberg.

These are the names and nationalities of the 48 Guantánamo captives, whom an Obama administration Task Force in 2010 classified as indefinite detainees ineligible for release, transfer or prosecution. Their formal classification is “continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war.” The captives’ names are different on different documents.

This lists reflects the names on a release to The Miami Herald under the Freedom of Information Act, and includes each captive’s internment serial number, ISN, as a guide. Two of the detainees on the list have since died at Guantánamo, one of a suicide and another of a heart attack. Each of these men is identified with an asterisk and the notation deceased.

ISN 004, Abdul Haq Wasiq (Afghanistan)

ISN 006, Mullah Norullah Noori (Afghanistan)

ISN 007, Mullah Mohammed Fazl (Afghanistan)

ISN 027, Uthman Abd al-Rahim Muhammad Uthman (Yemen)

ISN 028, Moath Hamza Ahmed al-Alwi (Yemen)

ISN 029, Mohammed al-Ansi (Yemen)

ISN 031, Mahmud Abd Al Aziz Al Mujahid (Yemen)

ISN037, Abdel Malik Ahmed Abdel Wahab al Rahabi (Yemen)

ISN041, Majid Mahmud Abdu Ahmed (Yemen)

ISN042, Abd al Rahman Shalbi Isa Uwaydah (Saudi Arabia)

ISN044, Muhammed Rajab Sadiq Abu Ghanim (Yemen)

ISN045, Ali Ahmad al-Rahizi (Yemen)

ISN128, Ghaleb Nassar al Bihani (Yemen)

ISN131, Salem Ahmad Hadi Bin Kanad (Yemen)

ISN195, Mohammed Abd al Rahman al Shumrant (Saudi Arabia)

ISN232, Fawzi Khalid Abdullah Fahad al Odah (Kuwait)

ISN235, Saeed Ahmed Mohammed Abdullah Sarem Jarabh (Yemen)

ISN242, Khalid Ahmed Qasim (Yemen)

ISN244, Abdul Latif Nasir (Morocco)

ISN324, Mashur Abdullah Muqbil Ahmed al-Sabri (Yemen)

ISN434, Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri (Yemen)

ISN441, Abdul Rahman Ahmed (Yemen)

ISN508, Salman Yahya Hassan Mohammad Rabei’i (Yemen)

ISN522, Yassim Qasim Mohammed Ismail Qasim (Yemen)

ISN552, Faez Mohammed Ahmed al-Kandari (Kuwait)

ISN560, Haji WaH Muhammed (Afghanistan)

ISN576, Zahar Omar Hamis bin Hamdoun (Yemen)

ISN579, Khairullah Said Wali Khairkhwa (Afghanistan)

ISN695, Omar Khalif Mohammed Abu Baker Mahjour Umar (Libya)

ISN708, Ismael Ali Faraj Ali Bakush (Libya)

ISN713, Mohammed al Zahrani (Saudi Arabia)

ISN782, Awal Gul (Afghanistan) * deceased

ISN832, Mohammad Nabi Omari (Afghanistan)

ISN836, Ayub Murshid Ali Salih (Yemen)

ISN837, Bashir Nasir Ali al-Marwalah (Yemen)

ISN838, Shawqi Awad Balzuhair (Yemen)

ISN839, Musab Omar Ali al-Mudwani (Yemen)

ISN840, Hail Aziz Ahmed al-Maythali (Yemen)

ISN841, Said Salih Said Nashir (Yemen)

ISN975, Karim Bostan (Afghanistan)

ISN1017, Omar Mohammed Ali al-Rammah (Yemen)

ISN1045, Mohammed Kamin (Afghanistan)

ISN1119, Ahmid al Razak (Afghanistan)

ISN1463, Abd al-Salam al-Hilah (Yemen)

ISN10023, Guleed Hassan Ahmed (Somalia)

ISN10025, Mohammed Abdul Malik Bajabu (Kenya)

ISN10028, Inayatullah (Afghanistan)* deceassed

ISN10029, Muhammad Rahim (Afghanistan)Gitmo_Outsidejpeg

 

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