Toffiq al-Bihani | Andy Worthington (original) (raw)

The “Ghost” of Guantánamo is Freed; Ridah Al-Yazidi, Never Charged, Held Since Day One, and Approved for Release 15 Years Ago

A suitably ghost-like photo of Ridah Al-Yazidi (ISN 038), the Tunisian prisoner at Guantánamo who has just been repatriated, after nearly 23 years at Guantánamo, and 15 years since he was approved for release. The only known photo of Al-Yazidi, it is a US military photocopy of a US military photo of him, taken sometime after his arrival at Guantánamo, which was included in his classified military file, released by WikiLeaks in April 2011.

In welcome news, the Pentagon has announced that it has repatriated from Guantánamo Ridah Al-Yazidi, 59, a Tunisian prisoner held without charge or trial since the very first day of the prison’s operations nearly 23 years ago, on January 11, 2002.

Although almost completely unknown to the outside world, because of the mainstream media’s persistent lack of interest in investigating the mundane lawlessness of so much of the prison’s operations, Al-Yazidi’s case is one of the most outstanding cases of casual injustice at Guantánamo.

Along with two other men who are still held, he was approved for release 15 years ago, through the deliberations of the high-profile Guantánamo Review Task Force, comprising officials drawn from various government departments and the intelligence agencies, who met once a week throughout 2009 to administratively decide the fate of the 240 prisoners that President Obama had inherited from George W. Bush.

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Guantánamo Scandal: Eleven Men Were Set to Be Freed Last October, Until “Political Optics” Shifted After Hamas’ Attack on Israel

The eleven Yemeni prisoners who were supposed to be resettled in Oman in October 2023. Top row, from L to R: Moath Al-Alwi, Khaled Qassim, Toffiq Al-Bihani, Hani Saleh Rashid Abdullah, Uthman Abd Al-Rahim Muhammad Uthman. Middle row: Sharqawi Al-Hajj, Abdulsalam Al-Hela, Sanad Al-Kazimi, Suhayl Al-Sharabi, Zakaria Al-Baidany. Bottom row: Hassan Bin Attash.

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Thanks to NBC News, and the four anonymous US government officials who spoke to them, for exposing the latest scandal involving the US prison at Guantánamo Bay — the refusal of the Biden administration to release eleven men, for whom long months of negotiation had secured a safe and viable resettlement option, because of the perceived “political optics” of freeing them after the attacks on Israel by Hamas and other militants on October 7.

Within Guantánamo circles, this scandal was well known, but attorneys for the men had been subjected to a Protective Order issued by the government, preventing them from talking about it, and, as a result, they had all dutifully kept quiet, as had others, like myself, who had got to know about it.

Their silence is, in itself, an indictment of how the US government operates at Guantánamo, as I also recognised when I refused to publicize it, because of the fundamentally lawless situation in which these men are held.

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Held for 5,150 Days Since Being Approved for Release from Guantánamo: Toffiq Al-Bihani and Two “Ghosts,” Ridah Al-Yazidi and Muieen Abd Al-Sattar

Three weeks ago, I began a new Guantánamo project, telling the stories of the 16 men who have been approved for release from the prison, in an effort to humanize them, to remind the world of their existence, and to highlight the disgracefully long amount of time that they have been held since being approved for release.

I’m alternating publication of the articles here and on the Close Guantánamo website, tying them in to noteworthy dates relating to how long they have been held since the US authorities first decided that they no longer wanted to hold them. The first article focused on the case of Uthman Abd Al-Rahim Muhammad Uthman, a Yemeni who, on February 7, had been held for 1,000 days since being approved for release, and the second focused on Hani Saleh Rashid Abdullah, another Yemeni, who, on February 11, had been held for 1,200 days since being approved for release. For the fourth article, about Abdulsalam Al-Hela and Sharqawi Al-Hajj, see here.

The reason these men have been held for so long without being freed is, sadly, because the decisions taken to release them — via Periodic Review Boards, a parole-type review process established by President Obama in 2013 — were purely administrative, meaning that the US government has no legal obligation to free them, and they cannot, for example, appeal to a judge to order their release if, as has become sadly apparent, the government has failed to prioritize their release.

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