Quick summary:
• The Biden administration repatriated Ridah bin Saleh al-Yazidi, a 59-year-old Tunisian man held at Guantánamo Bay for over 22 years without being charged with a crime.
• Al-Yazidi was approved for release as early as 2007 but remained imprisoned due to political and bureaucratic delays.
• Guantánamo Bay currently holds 26 detainees, 14 of whom have been approved for transfer but remain in limbo.
• Rights groups condemn Guantánamo as a symbol of indefinite detention and torture, with more detainees having died there than been convicted of crimes.
• President Biden pledged to close Guantánamo but has faced slow progress; advocates urge action before President-elect Donald Trump takes office in January.
• Human rights organizations stress that indefinite detention without charge violates international law and damages U.S. credibility on human rights.
• Al-Yazidi’s release highlights systemic failures at Guantánamo, with former detainees often struggling to reintegrate into society after years of unjust imprisonment.
The Biden administration has repatriated Ridah bin Saleh al-Yazidi, a 59-year-old Tunisian man who was among the first detainees held at the Guantánamo Bay detention camp in Cuba. Al-Yazidi spent over 22 years imprisoned without charge, becoming a symbol of the human rights abuses and legal controversies surrounding the notorious prison. The transfer, announced Monday, leaves 26 detainees remaining at Guantánamo, the majority of whom have also never been charged with a crime.
The Pentagon said that al-Yazidi’s repatriation followed a “rigorous interagency review process” and that the Tunisian government has agreed to take him in. Despite being cleared for release as early as 2007 during the George W. Bush administration, al-Yazidi remained imprisoned for over a decade due to bureaucratic and political delays.
Human rights groups have long condemned Guantánamo Bay as a symbol of indefinite detention and systemic torture. Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, called on President Joe Biden to act swiftly in transferring the remaining detainees. “Fifteen men remain who have never been charged with any crimes and have long been cleared by U.S. security agencies to leave Guantánamo,” said Eviatar. “President Biden must transfer these men before he leaves office, or he will continue to bear responsibility for the abhorrent practice of indefinite detention without charge or trial by the U.S. government.”
Guantánamo Bay was established in January 2002 under the Bush administration as a detention site for suspects in the U.S.-led “war on terror.” However, the camp quickly became infamous for holding individuals indefinitely without trial, as well as for allegations of torture and other human rights abuses. Over the past 22 years, more detainees have died at the prison than have been convicted of crimes. Of the 26 detainees currently held, 14 have been approved for transfer, yet their release remains mired in delays.
Despite efforts by the Obama administration to close the facility, political resistance and bureaucratic hurdles kept the prison open. President Donald Trump reversed Obama-era policies, signing an executive order in 2018 to keep Guantánamo operational and raising the possibility of adding new detainees.
President Biden pledged early in his term to close Guantánamo, but progress has been slow. Rights advocates worry that the remaining detainees’ fate will worsen when President-elect Donald Trump, who has expressed support for the prison, takes office in January.
Al-Yazidi’s detention exemplifies the broader failures of Guantánamo Bay as an institution. According to a 2007 U.S. military assessment, al-Yazidi was accused of being affiliated with al-Qaeda. However, human rights groups and legal experts have questioned the reliability of such assessments, which were often based on coerced testimonies or unsubstantiated claims.
“Guantánamo has become an enduring symbol of the violation of international legal norms,” said a spokesperson for Human Rights First. “Its continued operation undermines the rule of law and erodes the U.S.’s standing as a defender of human rights.”
The prison has also faced criticism from the United Nations, which described it as “defined by the systematic use of torture and other cruel, inhuman, or degrading treatment.” A 2021 report from the U.N. highlighted the long-term psychological damage suffered by former detainees, many of whom have struggled to reintegrate into society after their release.
The Biden administration’s recent transfers represent a small but significant step toward fulfilling its promise to close Guantánamo. Earlier this month, three other detainees were transferred to Malaysia and Kenya, including Mohammed Abdul Malik Bajabu, who had been held without charge since 2007. However, with just weeks remaining in Biden’s presidency, activists say the administration must act decisively to transfer the remaining detainees.
The legal battles surrounding the prison continue to draw attention. On the same day as al-Yazidi’s transfer, a Pentagon appeals panel upheld a military judge’s finding that plea deals in the September 11 case are valid, paving the way for a hearing with Khalid Shaikh Mohammed, the alleged mastermind of the attacks. Mohammed is among the few Guantánamo detainees who have been formally charged with a crime.
Critics argue that the U.S.’s failure to prosecute or release detainees highlights systemic flaws in the justice system. “Indefinite detention without charge is a clear violation of international law,” said a representative from Amnesty International. “President Biden has the opportunity to correct this historic injustice, but time is running out.”
For al-Yazidi, the road to freedom has been long and fraught with uncertainty. Rights advocates stress that his release is only the beginning of a challenging journey to rebuild his life after more than two decades of imprisonment. Former detainees often face stigma, mental health challenges, and difficulty reintegrating into society.
“Guantánamo detainees are victims of a system that failed them at every turn,” said a representative from Reprieve, a human rights organization. “They were denied due process, subjected to torture, and left to languish in prison for years without justification.”
To support the call to close Guantanamo Bay and help Amnesty International call on the Biden administration to take action, click here.
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