<<

Guantanamo Bay (also GTMO or Gitmo) is a US Naval base in covering 45 square miles. It contains several prison camps, the first of which was established by the Bush Administration in January 2002 to house enemy combatants captured in .

The US Government committed to closing the prison by January 2010 however as of March 2011 there are 172 prisoners still housed with no immediate date for closure.

This PDF is a text version of the interactive feature, How To Get Out Of Guantanamo. abc.net.au/innovation/gitmo

PAGE 1/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 779 DETAINED SINCE 2002

The first 20 prisoners arrived at Guantanamo on Jan 11 2002 from Afghanistan. They were detained under a Military Order issued by President Bush after the 9/11 attacks allowing individuals to be held without charge indefinitely. On Feb 7 2002, Bush signed a memorandum excluding them from prisoner of status (POW) and Article 3 of the Geneva Convention; Article 3 prohibits unfair trials, , cruelty and outrages on human dignity. On March 14, 2008, the last known prisoner arrived at Guantanamo Bay. At its peak capacity Guantanamo has housed about 660 pris- oners (November 2003). 12 of these prisoners have been children under the age of 16. Some inmates were transferred to the prison after being held for months or years in detention at so-called CIA 'black sites'. This included 14 men in 2006 described as 'high value detainees'. REFERENCES: , Guantanamo Timeline (2008) http://www.amnesty.org/en/library/asset/AMR51/148/2008/en/d620ceca-cde2-11dd-b0c5-1f8db3691f48/amr511482008en.html Miltary Order Nov 13, 2001, Detention of Non Citizens http://georgewbush-whitehouse.archives.gov/news/releases/2001/11/20011113-27.html , Jan 2002, First Prisoners arrive in Cuba http://www.miamiherald.com/2002/01/12/279932/prisoners-arrive-in-cuba.html Memorandum, Feb 07, The Humane Treatment of and Al Quaeda Detainees http://news.findlaw.com/hdocs/docs/torture/powtorturememos.html , April 2003, US detains children at Guantanamo http://www.guardian.co.uk/world/2003/apr/23/usa BBC, Sep 2006, Bush admits to secret CIA prison http://news.bbc.co.uk/2/hi/americas/5321606.stm ABC (US), Sep 2006, ‘High-Value’ Detainees Transferred to Guantanamo http://abcnews.go.com/International/story?id=2400470 New York Times, The Guantanamo Docket http://projects.nytimes.com/guantanamo

600 TRANSFERRED

Of the 779 held at Guantanamo, 600 detainees have been transferred to 50 coun- tries. Some have been repatriated to face trial in their home country and others released pending no further trial. In some cases repatriation resulted in docu- mented human rights abuses. In other cases, where repatriation was not possible due to the threat of torture or death, US authorities have, via diplomatic means, resettled detainees in 16 countries. Two Algerians have been forcibly repatriated against their will, after petitioning to stay at Guantanamo. In the case of three juvenile prisoners released in 2004, they claimed that the conditions (including schooling) in detention were better than those available to them in their native Afghanistan.

PAGE 2/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 600 TRANSFERRED cont...

REFERENCES: Spiegal Online, Jun 2007, Former Detainees abused back Home http://www.spiegel.de/international/world/0,1518,504237,00.html CCR FAQ, International Protection for Guantánamo Prisoners http://ccrjustice.org/learn-more/faqs/resettlement-and-refugees-guantanamo Miami Herald, Jan2011, Fearful detainee sent home to Algeria http://www.miamiherald.com/2011/01/07/2004481/fearful-detainee-sent-home-to.html#storylink=mirelated , Jan 2011, stop returns of detainees fearing mistreatment http://www.hrw.org/en/news/2011/01/06/us-stop-returns-guantanamo-detainees-fearing-mistreatment The Guardian, March 2004, Cuba? it was great say boys http://www.guardian.co.uk/world/2004/mar/06/guantanamo.usa Miami Herald, Guantanamo by the Numbers http://www.miamiherald.com/2007/11/27/322461/by-the-numbers.html

7 DIED

In June 2006, three detainees were found hanging simultaneously in their cells. Their deaths in custody were pronounced suicides. The US military described them as coordinated Acts of War. In 2009, Seton Hall Law School released a report outlining significant discrepancies in the official documentation of the deaths. Families of the men filed a lawsuit that was dismissed by a Washington Federal court in Feb 2010. In May 2007 a Saudi man was also found dead in his cell, and in June 2009 a Yemeni man was found dead of a suspected suicide in the psychiatric ward. Abdul Razzaq Hekmati died of colon cancer in December 2007 and Awal Gal died of heart attack on Feb 2011 after 9 years in Guantanamo.

REFERENCES: BBC, Jun 2006, Guantanamo suicides 'acts of war' http://news.bbc.co.uk/2/hi/5068606.stm Seton Hall Law releases, July 2009, Latest GTMO report http://law.shu.edu/about/news_events/releases.cfm?id=79165 , Feb 2010, U.S. court dismisses suit over Guantanamo suicides http://www.reuters.com/article/2010/02/17/us-guantanamo-suicides-lawsuit-idUSTRE61G3TK20100217 New York Times, Feb 2008, Time Runs Out for an Afghan Held by the U.S http://www.nytimes.com/2008/02/05/world/asia/05gitmo.html?_r=2 Huffington Post, Jun 2009, Yemeni Gitmo Detainee Allegedly Dies Of Suicide http://www.huffingtonpost.com/2009/06/02/yemeni-gitmo-detainee-all_n_210489.html BBC, Feb 2011, Guantanamo Bay terror suspect ’dies after exercising’ http://www.bbc.co.uk/news/world-us-canada-12361834

PAGE 3/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 172 IN DETENTION

As of Feb 2011, 172 of the 240 cases assessed by the 2010 interagency task force (see 4) remain in detention at Guantanamo. They come from 24 countries but the majority are from Yemen. 16 of these men are considered 'High Value Detainees' by the CIA, 78 are detained indefinitely. 13 of them have been declared innocent through petitions but not released due to either the threat of torture or death in their own country or because no third country can be found to resettle them. 36 were recommended for prosecution but the current impasse on Military Commissions versus Federal trials means most of their cases remain on hold. REFERENCES: The Age, Jan 2011, Obama stymied in effort to close Guantanamo Bay http://www.theage.com.au/world/obama-stymied-in-effort-to-close-guantanamo-bay-20110108-19j4l.html?from=watoday_ft New York Times, Feb 2009, For 20 at Guantánamo, Court Victories Fall Short http://www.nytimes.com/2009/02/26/us/26gitmo.html The Guardian, Jan 2011, Comment is free Reneging on Guantanamo http://www.guardian.co.uk/commentisfree/cifamerica/2011/jan/22/guantanamo-bay-obama-administration

GUANTANAMO TRIALS The legal rights of Guantanamo detainees who are held as 'enemy combatants' have changed several times since the prison opened. The Bush Administration instituted Miltary Trials in a closed court. The Obama Administration has pushed for criminal trials in Civilian Courts but allows for some Military Trials. The legality of both kinds of trials has been challenged.

6 COMPLETED MILITARY COMMISSION TRIALS

The Military order issued by President Bush on the 13 November 2001, prohibited any detainee held under it from seeking recourse in a US, foreign or international court, and established a tribunals system of Military Commissions. Last used in WW2, Military Commissions (MC) were used to prosecute enemy combatants who violated the laws of war. Bush was criticised internationally for placing detainees beyond due legal process. On 29 June 2006, four months after a UN inquiry into Guantanamo, the US supreme court ruled that MC Trials (as constituted under the 2001 Military order) violated US and (Hamdan vs Rumsfeld). On 17 Oct 2006, Bush signed the Military Commissions Act (MCA) prohibiting all habeas corpus appeals by foreign nationals held as enemy combatants in US custody, and reinstituting Military Commissions. When Obama took office, there were 'charges pending against 13 defendants and an additional nine had been sworn', all proceed- ings were suspended pending review. In May 2009, Obama announced MC's would be used in some instances with revised protections.

PAGE 4/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 6 COMPLETED MILITARY COMMISSION TRIALS cont...

REFERENCES: New York Times, Jan 2011, Military Comissions Fact Sheet http://topics.nytimes.com/top/reference/timestopics/subjects/d/detainees/military_commissions/index.html?inline=nyt-classifier US Department of Defence Military Commissions Act http://www.defense.gov/news/commissionsacts.html" display="US Department of Defence Military Commissions Act Amnesty International, Mar 2008, More Military Commission proceedings at Guantanamo http://www.amnesty.org.au/hrs/comments/10574/ Washington Post, May 2009, Obama to Revamp Military Tribunals http://www.washingtonpost.com/wp-dyn/content/article/2009/05/15/AR2009051501771.html

4 CONVICTED AND DETAINED

Ali Hamza Ahmad Suliman al-Bahlul was convicted to life in prison in 2008. Because convicted criminals must be held separately to un-charged war captives under the Geneva Convention al Buahul was held in isolation at Guantanamo. In 2010 under the renewed Military Commission trials al Qaeda cook and driver Ibrahim al-Qosi was given a reduced two year sentence. Al-Qosi may not be able to return to his home county of at the end of his sentence because it remains on the terror list. Also in 2010 Omar Kahdr, who was 15 years old when he was arrested in 2002, accepted a plea bargain to eight years in custody with the proviso that he be repatriated to Canada to serve after one year. In Feb 2011, Noor Uthman Muhummed pleaded guilty to conspiring with al Qaeda after spending 9 years in Guantanamo. His charges included delivering a fax machine to . Noor will have his sentence suspended if he cooperates with the prosecution of high value detainee Abu Zubayadah. Noor has Tuberculosis and Hepatitis B.

REFERENCES: US Department of Defence Military Commissions http://www.defense.gov/news/commissions.html New York Times, Guantanamo Docket - Ali Hamza Ahmad Suliman al Bahlul http://projects.nytimes.com/guantanamo/detainees/39-ali-hamza-ahmad-suliman-al-bahlul Miami Herald, Aug 2010, War Crimes Panel gives al Qaeda Cook 14-year Sentence http://www.miamiherald.com/2010/08/11/1771545/war-court-jury-chosen-to-sentence.html#ixzz1F95DowVl The Guardian, August 2010, Guantanamo Bay's youngest detainee goes on trial http://www.guardian.co.uk/world/2010/aug/10/guantanamo-youngest-detainee-trial Human Rights Watch - Omar Ahmed Khadr http://www.hrw.org/en/news/2008/12/04/omar-ahmed-khadr Reuters, Feb 2011, Guantanamo prisoner will serve 34 more months http://www.reuters.com/article/2011/02/18/us-guantanamo-sudan-idUSTRE71H5RZ20110218 The Guardian: Comment is Free, Feb 2011, Guantanamo's simulacrum of justice http://www.guardian.co.uk/commentisfree/cifamerica/2011/feb/21/al-qaida-

PAGE 5/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 2 CONVICTED AND TRANSFERRED

The first detainee to plead guilty in a Military Commission Trial was in June 2006. He was transferred to Australia to serve a nine month sentence. Salim Ahmed Hamdan was the successful litigant in a trial that resulted in the 2006 decision by the US Supreme Court that Military Commissions were unlawful (Hamdan vs Rumsfeld). When Bush passed the Military commissions act four months later Hamdan was re-charged and in 2008 found guilty of providing mate- rial support to terrorism ( charges were dropped). He was transferred to Yemen to serve the remaining month of his sentence. Hamdan claimed that much of the evidence used in his trial was coerced.

REFERENCES: Human Rights Watch - David Hicks http://www.hrw.org/en/news/2008/12/04/david-hicks Sydney Morning Herald, March 2007, Hicks Pleads Guilty http://www.smh.com.au/news/world/hicks-pleads-guilty/2007/03/27/1174761419519.html Human Rights Watch - Salim Ahmed Hamden http://www.hrw.org/en/news/2008/12/04/salim-ahmed-hamdan Hamdan Vs Rumsfeld http://laws.findlaw.com/us/000/05-184.html

4 RELEASED

Four people have been released and repatriated after charges against them were dropped. Mohammed Jawed was a juvenile, held for six years without charge and housed with adults in contravention of international law on the detention of child soldiers. In 2008 the lead prosecutor in his case resigned claiming the US Govern- ment had failed to honour its obligations, and that he believed Jawed had been mistreated. Charges were dropped in July 2009. In the case of Mohammed al-Qahatani (accused of being the twentieth 9/11 hijacker) charges were withdrawn after it was ruled by the convening authority of the Military Commissions that the documented torture used to extract confessions from him rendered the evidence inadmissible. He is currently detained without charge.

REFERENCES: Human Rights Watch - Mohammed Jawad http://www.hrw.org/en/news/2008/12/04/mohammed-jawad New York Times, the Guantanamo docket http://projects.nytimes.com/guantanamo/detainees/900-mohamed-jawad Amnesty International Report USA: From ill-treatment to unfair trial http://www.amnesty.org/en/library/info/AMR51/091/2008/en BBC, Dec 2008, Guantanamo a stain on US Military http://news.bbc.co.uk/2/hi/americas/7761315.stm The Times, Aug 2009, Mohammed Jawad to sue US Government http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6812714.ece

PAGE 6/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 5 AWAITING TRIAL

Khalid Sheikh Mohammed along with four co-defendants are charged with planning the 9/11 attacks. Their case was central to the Obama administration's stated aim to transfer some Guantanamo cases to the US Federal court system as part of the path to closure. In November 2009 the Attorney General announced transfer of the trial to the US District Court in The Southern District of New York where the US Government would seek the death penalty. All previous Military Commissions charges were dropped without prejudice. This means that the trial can be trans- ferred to a civilian court but also allows new Military Commission charges to be brought against them at a later date. There is considerable resistance to a civilian trial for these men from critics including New York State Officials, Republican Party members and some Democrats. Despite a life sentence, the civilian trial of Ghailini in Jan 2011 included over 280 acquittals. Mohammed has made a statement admit- ting planning the attacks however he has also alleged he was coerced to make statements under torture which would be a central concern in a civilian trial (The CIA has admitted to him 183 times). In December 2010 the US House of Representatives passed a Bill prohibiting any expenditure on moving detainees to US soil to face trial. REFERENCES: The Guardian, Nov 2009, Trial poses Huge Challenges for US judiciary http://www.guardian.co.uk/world/2009/nov/13/911-mastermind-trial-challenges-analysis Washington Post, Mar 2010, Obama advisers set to Recommend Military Tribunals http://www.washingtonpost.com/wp-dyn/content/article/2010/03/04/AR2010030405209.html?sid=ST2010111300434 Miami Herald, Dec 2010, House blocks US trials for Guantánamo detainees http://www.miamiherald.com/2010/12/08/1964508/house-blocks-us-trials-for-guantanamo.html Human Rights Watch - Khalid Sheik Mohammed http://www.hrw.org/en/news/2008/12/04/khalid-sheikh-mohammed

ONE TIRED AND CONVICTED IN FEDERAL COURT

Ahmed Khalfan Ghailani was convicted for his involvement in the bombings of the US embassies in Kenya and Tanzania in 1998. He was captured in in 2004 and held in a secret CIA before being transferred to Guantanamo in 2006. He was originally charged in a Military Commission Trial, but in 2009 this was suspended and transferred to a US District Court in New York. Ghailani was sen- tenced to life in prison without parole in Jan 2011 on a single count. Over 280 counts of murder and conspiracy were dropped.

PAGE 7/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo ONE TRIED AND CONVICTED cont...

REFERENCES: New York Times Topics, Ahmed Khalfan Ghailani, Jan 2011 http://topics.nytimes.com/topics/reference/timestopics/people/g/ahmed_khalfan_ghailani/index.html The Guardian, Jan 2011, Former Bin Laden bodyguard jailed for life http://www.guardian.co.uk/world/2011/jan/25/ahmed-ghailani-guantanamo-prison-us

2 CHARGES WITHDRAWN, STILL IN DETENTION

In the case of Mohammed al-Qahatani (accused of attempting to be the twentieth 9/11 hi-jacker) charges were withdrawn after it was ruled by the convening authority of the Military Commissions that documented torture used to extract confessions from him rendered the evidence inadmissable. He is currently detained without charge. REFERENCES: Human Rights Watch Mohammed Al Qahtani http://www.hrw.org/en/news/2008/12/04/mohammed-al-qahtani MSNBC, Oct 2006, Can the ‘20th hijacker’ of Sept 11 stand trial? http://www.msnbc.msn.com/id/15361462/ns/world_news-terrorism/ Washington Post, Jan 2009, Detainee Tortured, Says U.S. Official http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011303372.html

HABEAS CORPUS Habeas corpus is a legal writ that prevents a prisoner from being held unlawfully by the government. It allows a court to inquire as to the legitimacy of the prisoner's custody and the government must appear in court to justify it. The legal right of Gunatanamo detainees to habeas corpus was denied by the Bush Administration on 2 occasions.

57 HABEAS CORPUS CASES

The Bush administration's Military Order of November 13 prohibited any detainee held under it from 'seeking any remedy in any proceeding in any US, foreign or international court'. In 2004 The Supreme Court ruled that US courts could con- sider habeas corpus cases for Guantanamo detainees (Rasul vs Bush). However, the Military Commission Act (MCA) signed into law by Bush in 2006 stripped all foreign nationals held as enemy combatants in US custody of the right to appeal habeas corpus. This was held until June 2008 when the Supreme Court ruled that the MCA was unconstitutional (Boumediene vs Bush).

PAGE 8/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 57 HABEAS CORPUS CASES cont...

REFERENCES: Center for Constitutional Rights Habeas Scorecard http://ccrjustice.org/GTMOscorecard Center for Constitutional Rights Factsheet (2007) What is habeas corpus? http://ccrjustice.org/learn-more/faqs/faqs%3A-what-habeas-corpus Miltary Order, Nov 13, Detention of Non Citizens http://georgewbush-whitehouse.archives.gov/news/releases/2001/11/20011113-27.html BBC, Jul 2004, Q and A: US Supreme Court Guantanamo ruling http://news.bbc.co.uk/2/hi/americas/3867067.stm New York Times, June 2008, Justices, 5-4, Back Detainee Appeals for Guantanamo http://www.nytimes.com/2008/06/13/washington/13scotus.html Washington Post, May 2009, Freed Algerian Detainee Flown to France http://www.washingtonpost.com/wp-dyn/content/article/2009/05/15/AR2009051501418.html ABC Radio National, Lingua Franca Julian Burnside on habeas corpus http://www.abc.net.au/rn/linguafranca/stories/2007/1859567.htm

13 APPROVED BUT NOT RELEASED

In one case, 5 Uighur detainees remain in Guantanamo despite having had their habeas corpus petitions recognised. Originally part of a group of 22, the prisoners who come from a Chinese Muslim ethinic minority were mistakenly taken to Guanta- namo from Afghanistan (where they were refugees). The US Government did not contest the habeas petitions and does not consider the Uighurs to be enemy com- batants having already transferred 5 to Albania as the Uighurs fear persecution in China. In Oct 2008 a Washington Federal Court judge ordered the release of 17 Uighurs to the US. This decision was contested by the US Government who refused asylum. 12 of the detainees have subsequently been transferred to Palau, Bermuda and Switzerland but the remaining 5 have declined resettlement offers and are petitioning to have the 2008 decision to be upheld.

REFERENCES: New York Times, Oct 2008, Judge Orders 17 Detainees at Guantanamo Freed http://www.nytimes.com/2008/10/08/washington/08detain.html , Jun 2009, ‘Paradise’ for Guantanamo Uighurs http://english.aljazeera.net/news/americas/2009/06/2009610224138374759.html Center for Consitutional Rights Kiyemba v. Obama http://ccrjustice.org/ourcases/current-cases/kiyemba-v.-bush SCOTUSBlog (US Supreme Court), U.S.: Guantanamo habeas working http://www.scotusblog.com/2010/08/u-s-guantanamo-habeas-working/ ABC News (US), Mar 2010, Obama Administration Wins Latest Round In Keeping Uighurs from US Soil http://blogs.abcnews.com/politicalpunch/2010/03/obama-administration-wins-latest-round-in-keeping-uighurs-from-us-soil.html

PAGE 9/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 2010 GUANTANAMO TASKFORCE RECOMMENDATIONS On his second day in Office (Jan 22, 2009), President Obama issued an for an interagency taskforce to do a review of the remaining 240 individuals detained at Guantanamo and requiring it's closure in one year. The review was completed in exactly 12 months. There is no revised date for the closure of Guantanamo.

240 ASSESSED BY GUANTANAMO REVIEW TASKFORCE

On his second day in Office (Jan 22, 2009), President Obama issued an executive order for an interagency taskforce to do a review of the status of all individuals detained at Guantanamo and requiring its closure in one year. The review was completed in exactly 12 months and although the majority were allocated for trial or transferral, few had been processed and it was recommended that 48 were to be detained indefinitely. The Obama Administration admitted in late 2009 that it would fail to meet its self imposed deadline.

REFERENCES: Final Report Guantanamo Review Taskforce, Jan 22 2010 http://www.fas.org/irp/eprint/gtmo-review.pdf CNN, Jan 2009, Obama signs order to close Guantanamo Bay facility http://articles.cnn.com/2009-01-22/politics/guantanamo.order_1_detention-guantanamo-bay-torture?_s=PM:POLITICS Washington Post, Nov 2009, Obama admits Guantanamo won't close by Jan deadline http://www.washingtonpost.com/wp-dyn/content/article/2009/11/18/AR2009111800571.html

48 DETAINED INDEFINITELY

48 Prisoners were deemed by the taskforce as being too dangerous to be trans- ferred. They were alleged to be either a significant part of Al Qaeda or the Taliban, have had advanced training in explosives, have engaged in extremist acts in the past (or have family ties to extremist acts), or have stated they intend to engage in them in the future. These prisoners are not likely to be charged due to perceived legal limitations (ie, no credible witnesses or lack of evidence), and are held as enemy combatants under the original Authorisation for the Use of Military Force (AUMF) passed in Sept 2001. Detainees may now challenge the legality of this detention by habeas corpus petitions. REFERENCES: FINDLAW, Authorization for Use of Military Force September 18, 2001 http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html Amnesty International, 2010, USA: Daily Injustice, Immeasurable Damage http://www.amnesty.org/en/library/asset/AMR51/020/2010/en/df11abfe-de43-439b-9165-589b7d3f8f23/amr510202010en.html New York Times, May 2010, No Terror Evidence Against Some Detainees http://www.nytimes.com/2010/05/29/us/politics/29gitmo.htm

PAGE 10/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo 30 CONDITIONALLY DETAINED

Although most of the Yemeni prisoners held at Guantanamo were recommended for transfer by the 2010 review, the political situation in Yemen resulted in 30 of them being held in 'conditional detention' until such time as the security situation in their country improved. After the failed attempt to destroy a US bound airliner on 25 Dec 2009 by a Yemeni based Al Qaeda cell, Obama called a moratorium on all prisoner transfers to Yemen citing 'security concerns'. This included an additional 60 (approx.) detainees who had been approved for transfer by the review. Some of the difficulties with Yemeni transfers were highlighted in the US Embassy cables made available through WikiLeaks in Dec 2010. They record a series of demands from Yemeni Prime Minister Ali -Abdullah Saleh asking that the US Government keep the Yemeni prisoners until they had given him 11 million US dollars to build a Yemeni rehabilitation facility.

REFERENCES: The Guardian, Apr 2009, Comment Yemen's point of no return http://www.guardian.co.uk/commentisfree/2009/apr/01/yemen-guantanamo-al-qaida New York Times, Jan 2010, Obama Says Al Qaeda in Yemen Planned Bombing Plot http://www.nytimes.com/2010/01/03/us/politics/03address.html Reuters, Jan 2010, U.S. suspends Guantanamo prisoner transfer to Yemen http://www.reuters.com/article/2010/01/05/us-yemen-guantanamo-usa-idUSTRE6044MI20100105 New York Times, Jul 2010, Rulings Raise Doubts on Policy on Transfer of Yemenis http://www.nytimes.com/2010/07/09/us/09gitmo.html The Guardian, Dec 2010, Yemeni president 'bizarre and petulant', WikiLeaks cables claim ttp://www.guardian.co.uk/world/2010/dec/03/yemeni-president-bizarre-petulant-

36 REFERRED FOR PROSECUTION

36 were recommended for prosecution but the current impasse on Military Commis- sions versus Civilian trials means almost all cases remain on hold (see the Guantan- amo Trials).

PAGE 11/11 © ABC 2011 HOW TO GET OUT OF GUANTANAMO abc.net.au/innovation/gitmo