The United States has approved the release of five additional detainees from the Guantánamo military prison, where 39 prisoners are still held believed to be accomplices of terrorist groups like al-Qaeda, according to official Pentagon documents seen on Wednesday.
Never formally charged, Yemenis Mouaz Hamza al-Alaoui, Souheil al-Charabi and Omar al-Rammah, Somali Guled Hassan Duran and Kenyan Mohammed Abdul Malik Bajabu received their discharge vouchers at the end of 2021, according to new documents released this week. by the Guantánamo Review Board.
The Review Board, which is made up of senior officials from the US administration, ruled that they no longer posed a danger to the United States.
What point of fall?
The green light for their release brings to 18 the number of detainees promised to be released if the United States finds them a base, which could delay their effective release, because Washington does not repatriate the ex-prisoners to Yemen, country in the grip of a violent civil war, nor to Somalia, another country in crisis.
Independent experts commissioned by the United Nations this week ordered the United States to close its military prison in Guantánamo, site of “relentless human rights violations”.
The infamous detention center, opened just 20 years ago after the jihadist attacks of September 11 as part of the “war on terror”, housed up to 780 detainees, initially locked in cages, then in the cells of the hastily erected prison on the US military base.
Most have since been released, some after more than 10 years of detention without charge. It still houses 39. Ten of them, including the suspected mastermind of the September 11 attacks, Khalid Sheikh Mohammed, known as “KSM”, are awaiting trial by a military commission.
Two have been sentenced and nine others are still awaiting their release.
By declaring these five detainees released, the Biden administration is accelerating efforts to shut down Guantánamo, efforts that had been frozen under Donald Trump.
In a column posted on the Lawfare website, Democratic Senator Dianne Feinstein said those awaiting trial detainees, including KSM, could be tried in U.S. civilian courts rather than the Military Commission, which has been accused of abuse , in particular by wiretapping exchanges between detainees and their lawyers. “Now that the war in Afghanistan is over, it is time to close Guantánamo once and for all,” she said.
Fragile mental health
Pentagon spokesman John Kirby assured Monday that the US government remained “engaged in the closure of the Guantánamo Bay prison”, located in a US military base on the island of Cuba.
According to their lawyers, some of the last nine potentially released detainees suffer from mental disorders, which complicates their eventual reintegration in their country of origin or elsewhere.
Yemeni Khalid Ahmed Qassim was thus denied his release voucher in December, although the Review Commission acknowledged that he had never been a senior al-Qaeda or Taliban official.
According to documents released this week, the Commission noted that he was not obeying instructions from prison officials and that he had no life plans that would justify his release.
The Commission “encourages the detainee to make efforts of obedience and to control his emotions more”, it is specified. She is asking Yemeni lawyers to present her with a work plan by May on “how his mental health will be managed if he is transferred” out of Guantánamo.