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Uyghur detainees at Guantanamo Bay

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Title: Uyghur detainees at Guantanamo Bay  
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Subject: Mohammed Ayub, Uyghurs, East Turkestan Islamic Movement, Guantanamo Bay detention camp, Terrorism in China
Collection: Chinese Extrajudicial Prisoners of the United States, Lists of Guantanamo Bay Detainees, Uyghurs
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Uyghur detainees at Guantanamo Bay

The United States government detained twenty-two Uyghurs in the Guantanamo Bay detainment camp since 2002. The last three Uyghurs Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khalik, were not freed from Guantanamo until December 29, 2013, when they were transferred to Slovakia.[1][2][3][4][5]

Uyghurs are an ethnic group from Central Asia and Xinjiang province in western China.[6]

The Washington Post reported on August 24, 2005 that fifteen Uyghurs had been determined to be "No longer enemy combatants" (NLECs).[7] The Post reported that detainees who had been classified as NLEC were, not only still being incarcerated, but one was shackled to the floor for reasons not disclosed by his attorney. Five of these Uyghurs, who had filed for writs of habeas corpus, were transported to Albania on May 5, 2006 just prior to a scheduled judicial review of their petitions. The other seventeen obtained writs of habeas corpus in 2008.

Contents

  • Common elements in the allegations 1
  • Common elements in the detainees' testimony 2
    • AK-47 training 2.1
    • Fleeing the camp after it was bombed 2.2
    • Motives 2.3
  • Combatant Status Review Tribunal results 3
    • Documents published in response to captives' habeas petitions 3.1
  • Asylum in Albania 4
  • Allegations of Sino-American deal 5
  • Held in isolation, in Camp Six 6
  • Passage of the Military Commissions Act and the Detainee Treatment Act 7
  • Asylum negotiations 8
    • Early release discussions 8.1
    • Asylum in Canada 8.2
    • Role of American Uyghurs 8.3
    • Asylum in Munich 8.4
    • Temporary asylum in Palau 8.5
    • Bermuda 8.6
    • El Salvador 8.7
  • Slovakia 9
  • Supreme Court's ruling in Boumediene v. Bush 10
  • Parhat v. Gates 11
  • Motions following Boumediene v. Bush 12
  • Petition to be moved from solitary confinement 13
  • No longer classed as "enemy combatants" 14
  • Supreme Court to rule on whether the judiciary can force captives to be released in the United States 15
  • The Uyghur detainees 16
  • See also 17
  • References 18
  • External links 19

Common elements in the allegations

  • Most of the Uyghurs were alleged to be members or supporters of the East Turkistan Islamic Movement.
  • Most of the Uyghurs were alleged to have completed military training.
  • Some of the allegations stated that a supposed military training camp was in the Tora Bora mountains.
  • Most of the Uyghurs were alleged to have accepted training that was sponsored by the Taliban, or Al Qaeda.
  • Eighteen of the Uyghurs were alleged to have fled when their camp was bombed as part of the United States air bombing campaign of Afghanistan in 2001.

Common elements in the detainees' testimony

AK-47 training

Several of the detainees admitted receiving training on the AK-47, including Bahtiyar Mahnut, Yusef Abbas, and Abdul Hehim.[8] They described being trained by East Turkestan Islamic Movement leaders Abdul Haq and Hassan Maksum. At least one described being trained on a pistol.

Fleeing the camp after it was bombed

The Uyghurs who were present at the alleged camp reported that they did not expect their camp to be bombed. Some of them acknowledged that they had heard of the September 11, 2001 attacks on the radio, but none of them knew that the Taliban were accused of involvement. They all acknowledged having fled the camp when it was bombed. They all stated that they were unarmed. One of the Uyghurs said Maksum was killed in the bombing.

Motives

None of the Uyghurs described seeing the United States as an enemy. All of the Uyghurs who mentioned the People's Republic of China described its government as an oppressive occupation. Some of the Uyghurs said that they sought out the training in order to go back to China and defend their fellow Uyghurs against their Chinese occupiers. Some of the other Uyghurs said they sought out the camp of fellow Uyghurs because they were waiting for a visa to Iran, one of the countries they had to pass through on their way to Turkey. They had heard that Turkey would grant them political asylum.

Combatant Status Review Tribunal results

From July 2004 through March 2005 all 568 of the detainees held at Guantanamo had their detention reviewed by Combatant Status Review Tribunals. 38 of the detainees were determined to be NLEC. Five Uyghurs were among the 38 detainees determined not to have been enemy combatants, and were transferred from the main detention camp to Camp Iguana.

This conclusion was remarked on by the first Denbeaux study, that pointed out that many of the detainees who remained incarcerated had faced much less serious allegations than the Uyghurs had faced.

On May 10, 2006 Radio Free Asia reported that the five Uyghurs transported to Albania were the only Uyghurs who had been moved to Camp Iguana.[9]

Documents published in response to captives' habeas petitions

In September 2007 the Department of Defense published dossiers prepared from the unclassified documents arising from the captives' Combatant Status Review Tribunals.[10] Information paper: Uighur Detainee Population at JTF-GTMO

Asylum in Albania

None of the Uyghurs wanted to be returned to China. The United States declined to grant the Uyghurs political asylum, or to allow them parole, or even freedom on the Naval Base.

Some of the Uyghurs had lawyers who volunteered to help them pursue a writ of habeas corpus, which would have been one step in getting them freed from U.S. detention.

In the case of Qassim v. Bush, those Uyghurs argued for their writ of habeas corpus in United States Court of Appeals for the District of Columbia Circuit was scheduled to hear arguments on Monday May 8, 2006. Five of the Uyghurs were transported to Albania, on Friday May 5, 2006; the United States filed an emergency motion to dismiss later that day. The court dismissed the case as moot.[11]

Barbara Olshansky, one of the Uyghur's lawyers, characterized the sudden transfer as an attempt to: "...avoid having to answer in court for keeping innocent men in jail,[12]"

Some press reports state that the Uyghurs have been granted political asylum in Albania. But the U.S. government press release merely states that they are applying for asylum in Albania.

On May 9, 2006 the Associated Press reported that the People's Republic of China (PRC) denounced the transfer of custody.[13][14] The PRC called the transfer of the Uyghurs to Albania a violation of international law. Albania agreed to examine the evidence against the men.

Radio Free Asia reports that the five were staying at a National Center for Refugees in a Tirana suburb.[9]

On May 24, 2006 [16]"

In an interview with ABC News Qasim said that members of the American-Uyghur community had come forward and assured the U.S. government that they would help him and his compatriots adapt to life in the United States, if they were given asylum there.[17]

On June 19, 2008 the Associated Press reported that Adel Abdu Al-Hakim had been denied political asylum in Sweden.[18] Sten De Geer, his Swedish lawyer, plans to appeal the ruling, because Albania will not allow his wife and children to join him.

On February 9, 2009, Reuters reported that the five Uyghurs in Albania had heard from the seventeen Uyghurs left behind in Guantanamo, and that their conditions had improved.[19]

Allegations of Sino-American deal

An article in the December 5, 2006 edition of The Washington Post reported on a legal appeal launched on behalf of seven of the Uyghurs remaining in detention in Guantanamo.[20] The article reports that the Uyghurs' lawyers argued that the evidence against their clients was essentially identical to that against the five Uyghurs who were released; that the process by which their "enemy combatant" status had been determined, and reviewed, was flawed.

The article went on to quote Washington officials, and former officials, about whether the group that the Uyghurs were accused of belonging to had been added to the State Department's list of Terrorist organizations largely to secure acquiescence from the PRC to the then imminent U.S. invasion of Iraq.[20] It quoted the Uyghurs' lawsuit: "In the crisis atmosphere of the time, the interests of a few dozen refugees paled beside the urgency of the Administration's war plans," and Susan Baker Manning, one of the Uyghurs' lawyers: "It is amazing to me that the US has agreed to in effect hold political prisoners for China in exchange for anything. That goes against everything that we, I thought, stood for in this country."[20]

Guantanamo spokesman, Commander Jeffrey Gordon, responded to the appeal with the comment: "There is a significant amount of evidence, both unclassified and classified, which supports detention by U.S. forces,"[21] According to the Associated Press Gordon told reporters that "the seven had 'multiple' reviews and were properly classified as enemy combatants."

An article about the Uyghurs' appeal, in The Jurist, citing the Fifth Denbeaux Report: The no-hearing hearings, called the Uighur's Combatant Status Review Tribunals "show trials".[22]

An article published on April 18, 2007 discussed the diplomatic problem posed by finding a new home for the Uyghurs in detail.[23] The article quotes their lawyer, Sabin Willett:

Held in isolation, in Camp Six

This is said to be David Hicks's cell, in Camp Six. The windows looks down on central common rooms, which are left vacant, as a change in policy, to turn the facility in a "supermax" facility, made common rooms redundant. The inset picture is of a "reading room". Captives are, occasionally taken to these "reading rooms", during their one-hour per day they are taken from their cell. However, they remain in isolation. Only one captive at a time is allowed in each reading room or exercise yard.

On March 11, 2007 the Boston Globe reported that the 17 remaining Uyghur captives had been transferred to the newly built Camp Six, in Guantanamo.[24] The Globe reports that the Uyghurs are held for 22 hours a day in cells without natural light. The Globe points out that prior to their detention in Camp Six, they were able to socialize with one another, but that they couldn't speak to the prisoners in neighboring cells because none of them speak Arabic or Pashto. The Globe quotes Sabin Willett, the Uyghur's lawyer, who reports that, consequently, there has been a serious decline in the Uyghur's mental health.

According to the Globe: "The military says the Uighurs were put there either because they attacked guards or trashed their quarters during the riot last May."[24]

The Globe quotes Sabin Willett's explanation for the Uyghur's new harsher detention. Willett: "...links their assignment to Camp Six to a filing he made seeking their release."[24]

Passage of the Military Commissions Act and the Detainee Treatment Act

In the Summer of 2006, the habeas corpus submissions known as Hamdan v. Rumsfeld reached the United States Supreme Court. The Supreme Court ruled the Executive Branch lacked the Constitutional authority to initiate military commissions to try Guantanamo captives. However, it also ruled that the United States Congress did have the authority to set up military commissions. And, in the fall of 2006 the Congress passed the Military Commissions Act, setting up military commissions similar to those initially set up by the Executive Branch.

The Act also stripped captives of the right to file habeas corpus submissions in the US Court system.[23] The earlier Detainee Treatment Act, passed on December 31, 2005, had stripped captives of the right to initiate new habeas corpus submissions, while leaving existing habeas corpus motions in progress.

The Detainee Treatment Act had explicitly authorized an appeal process for Combatant Status Review Tribunals which failed to follow the military's own rules.[23] And Sabin Willet, the Uyghur's lawyer, has chosen to initiate appeals of the Uyghur's Combatant Status Review Tribunals.

However, Willet argues, the Combatant Status Review Tribunals failed to consider the interrogator's conclusions that the Uyghurs were not enemies, had not supported the Taliban, and had not engaged in hostilities.[23]

Assistant Attorney General Peter D. Keisler led the response team. Keisler's team accused Willet of trying to:[23]

They said the argument boiled down to:[23]

Asylum negotiations

The Uyghurs can not be repatriated to China because domestic U.S. law proscribes deporting individuals to countries where they are likely to be abused.[25]

The Bush administration conducted bilateral negotiations with a number of other countries, to accept captives who had been cleared for release, with very limited success. Frustrated British officials who were negotiating for the return of Guantanamo captives who had been granted UK residency permission prior to their capture leaked the conditions Bush administration officials were trying to insist upon. Bush officials were insisting that Britain either indefinitely incarcerate the men, upon their arrival—or they place them under round the clock surveillance.

Early release discussions

The Asia Times reported, on November 4, 2004, that there had been internal discussion over how the US could release Uyghurs, without putting their safety at risk.[25]

Asylum in Canada

On June 2, 2008 the Globe and Mail reported that recently released documents suggested that the Government of Canada had come close to offering asylum to the Uyghurs.[26] The Globe reports that Canadian officials held back from offering the Uyghur captives asylum out of fear that the PRC government would retaliate against Huseyin Celil, a Canadian citizen of Uyghur background, who was in Chinese custody.

On February 4, 2009 the Globe and Mail reported that Hassan Anvar's refugee claim, and the refugee claims of two of his compatriots were close to completion.[27][28][29] The article quoted Mehmet Tohti, a Uyghur human rights activist who stated that he had met with Immigration Minister Jason Kenney. According to the Globe, Tohti claimed there had been a positive consensus to admit Anvar, and two men whose lawyers haven't authorized their names to be released. According to the Canwest News Service, Kenney is considering issuing special ministerial permits for the three Uyghurs. According to Reuters, Alyshan Velshi, from Kenney's office, disputed whether Canada was close to accepting any Uyghurs.[30] The other fourteen Uyghurs hadn't yet satisfied an obligation Canada expects of refugee claimants—that they establish their identity.

The

  • Arkley denies Uighurs here permanently June 13, 2011
  • Palau urges Australia to allow permanent resettlement for six Uighurs Radio Australia June 3, 2010
  • Uighurs demand release on US soil Bangkok Post April 7, 2010
  • Guantanamo Uighurs start new life in Palau BBC Newsnight 14 January 2010
  • Australia urged to accept Uighurs The National January 5, 2010
  • Life after Guantanamo - Video
  • Uighur inmate in Guantanamo plea, 20 March 2008, BBC
  • "Dusty relics of Yalta".   mirror
  • Uighurs: U.S. Let Chinese Abuse Us At Gitmo by Ryan Grim, The Huffington Post, June 16, 2009
  • Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)

External links

  1. ^ Lara Setrakian (2006-05-23). "EXCLUSIVE: Guantanamo's Innocents: Newly Released Prisoners Struggle to Find a Home".   mirror
  2. ^   mirror
  3. ^ "Freed Uighurs relish Bermuda's sun and sand".   mirror
  4. ^ Tim Hall, Sarah Titterton (2009-06-13). "America WON'T take in freed Guantanamo detainees (but Obama still believes Europe should welcome them)".   mirror
  5. ^ Savage, Charlie (2013-12-31). "U.S. Frees Last of the Chinese Uighur Detainees From Guantánamo Bay".  
  6. ^ China's Uighurs trapped at Guantanamo, Asia Times, November 4, 2004.
  7. ^   mirror
  8. ^ Thomas Joscelyn, The Uighurs, in their own words, The Long War Journal, April 21, 2009.
  9. ^ a b c d e f g h Guantanamo Uyghurs Try to Settle in Albania, Radio Free Asia, May 10, 2006.
  10. ^  
  11. ^ R:\ORDERPRP\05-5477CHMD.wpd
  12. ^ Albania takes Guantanamo Uighurs, BBC, May 6, 2006
  13. ^ China Demands Return of Gitmo Detaniees, Associated Press, May 9, 2006
  14. ^ China wants Gitmo Uighurs back, says Albania transfer breaks international law, The Jurist, May 9, 2006
  15. ^ 5 Guantanamo Uyghurs baffled in Albania, United Press International, May 24, 2006
  16. ^ Guantanamo Uighurs' strange odyssey, BBC, January 11, 2007
  17. ^ Guantanamo's Innocents: Newly Released Prisoners Struggle to Find a Home, ABC News, May 23, 2006
  18. ^ "Sweden denies asylum to former Guantanamo detainee".   mirror
  19. ^ "Restarting life in Albania after Guantanamo Bay".   mirror
  20. ^ a b c Josh White, Lawyers Demand Release of Chinese Muslims: Court Documents Allege Lengthy Detainment at Guantanamo Is Part of Deal With Beijing, The Washington Post, December 5, 2006
  21. ^ Lawyers Argue for Chinese at Guantanamo, Associated Press, December 5, 2006
  22. ^ Chinese Guantanamo detainees file lawsuit seeking release, The Jurist, December 6, 2006
  23. ^ a b c d e f  
  24. ^ a b c "Pawns in Guantanamo's game".  
  25. ^ a b Adam Wolfe (November 4, 2004). "China's Uighurs trapped at Guantanamo".  
  26. ^  
  27. ^ a b Omar Al Akkab (2009-02-04). "Canada close to accepting three Gitmo detainees".  
  28. ^ Janice Tibbets (2009-02-03). "Six detainees look to Canada for asylum".   mirror
  29. ^ Janice Tibbets (2009-02-04). "Kenney ponders special permits for Guantanamo-held Uyghurs".   mirror
  30. ^ David Ljunggren (2009-02-10). "Canada denies it is ready to take Guantanamo Uighurs". Reuters. Archived from on 2009-02-10. Retrieved 2009-02-10. "The reports that Canada is close to accepting three Uighur Guantanamo Bay detainees are false," said Kenney spokesman Alykhan Velshi.  mirror
  31. ^   mirror
  32. ^ "Seltene Einigkeit im Stadtrat".  
  33. ^ "Munich says it will accept Guantanamo Uighurs".   mirror
  34. ^ "Palau to take Guantanamo Uighurs".  
  35. ^ Matthew Lee, Devlin Barrett (2009-06-09). "US eyes Pacific to resettle Uighur detainees".  
  36. ^ Ray Lilley (2009-06-10). "Island nation of Palau to take Gitmo's Uighurs".  
  37. ^ "Pacific state Palau to take Uighur detainees".  
  38. ^ "Palau to take 17 Uygur Guantanamo inmates".  
  39. ^ Mike Levine (2009-06-09). "Palau Agrees to Take Uighur Gitmo Detainees".  
  40. ^ "Palau to take Uighur detainees from Guantanamo Bay".  
  41. ^ Anne Barrowclough (2009-09-10). "Palau move imminent for Guantanamo Uighurs".  
  42. ^ "2 More Uighur Detainees at Gitmo Heading to Palau".  
  43. ^ a b c d e f g "Six Guantanamo Uighurs arrive in Palau: US".  
  44. ^ a b c d e f g "6 Muslim Uighur Detainees From Guantanamo Arrive In Palau".  
  45. ^ a b c d e f g "United States Transfers Six Uighur Detainees from Guantanamo Bay to Palau".  
  46. ^ a b c d e f g David Johnston (2009-10-31). "Uighurs Leave Guantánamo for Palau". New York Times. Archived from the original on 2009-10-31. 
  47. ^ a b c d e f g "Guantanamo Uighurs sent to Palau". BBC News. 2009-10-31. Archived from the original on 2009-10-31. 
  48. ^ a b c Nathan Vanderklippe (2015-06-28). "After Guantanamo, life on Pacific island was difficult".  
  49. ^ a b c d e  
  50. ^ a b c d e "Four Uyghur Detainees Released".  
  51. ^ a b c d e f "Breaking News: Premier's statement on Guantanamo Bay".  
  52. ^ a b c d e Devlin Barrett (2009-06-11). "4 Chinese Muslims released from Guantanamo".  
  53. ^ Bermuda Immigration and Protection Act
  54. ^ "Breaking News update: Guantanamo decision taken "without permission" Governor to assess implications".  
  55. ^ Breaking News: Premier's statement on Guantanamo Bay
  56. ^ Breaking News: UBP proposes motion of no confidence
  57. ^ Julian Borger. "Britain to review legal basis of relation with Bermuda over Guantánamo row". the Guardian. Retrieved 15 June 2015. 
  58. ^ "UK hopes US will settle four ex-Guantanamo Bay detainees".   mirror
  59. ^ a b c Ben Fox (2012-04-19). "U.S. settles two Chinese Uighurs from Guantanamo to El Salvador".  
  60. ^ "Slovakia To Take Three Uighur Guantanamo Detainees".  
  61. ^  
  62. ^ a b c d  
  63. ^ a b   mirror
  64. ^ a b "In first, court rejects military's ruling in Guantanamo case".  
  65. ^ a b "US appeals court rejects classification of Chinese Muslim as an enemy combatant".  
  66. ^ "MOTION BY ALL 17 UIGHURS CURRENTLY DETAINED IN GUANTÁNAMO BAY FOR CONSOLIDATION OF THEIR PETITIONS FOR HABEAS CORPUS IN CIVIL ACTION NOS. 05-1509 (RMU), 05-1602 (ESH), 05-1704 (JR), 05-2370 (EGS), 05-2386 (RBW) AND 05-2398 (ESH) AND EXPEDITED CONSIDERATION THEREOF CONSISTENT WITH PARHAT V. GATES" (PDF).  
  67. ^  
  68. ^  
  69. ^ "PETITIONERS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION" (PDF).  
  70. ^ "Respondent's response to motion to us CSRTs provided in DTA action in this case" (PDF).  
  71. ^ "Uighur petitioners' reply to respondent's response to motion to us CSRTs provided in DTA action in this case" (PDF).  
  72. ^ "Guantanamo Bay Detainee litigation: Memorandum Opinion".  
  73. ^ a b   mirror
  74. ^   mirror
  75. ^ "US federal court orders Chinese Muslims in Guantánamo released".   mirror
  76. ^   mirror
  77. ^   mirror
  78. ^  
  79. ^ Bill Mears (2009-10-20). "High court accepts Guantanamo Uyghur case".  
  80. ^ "Top US court to hear Guantanamo Uighur case".  
  81. ^ Warren Richey (2009-10-20). "Supreme Court to hear appeal of Uighurs still at Guantánamo".  
  82. ^  
  83. ^ Summary of Evidence memo (.pdf) prepared for Nag Mohammed's Combatant Status Review Tribunal - November 5, 2004 page 174
  84. ^ a b c d e f g h i j  
  85. ^ a b c d e f g h i j  
  86. ^ a b   mirror
  87. ^ a b "Ex-Guantanamo detainees thank Jura".   mirror
  88. ^ a b "Uighur brothers in jura six months later".   mirror
  89. ^ "Uighurs adjusting to new life in Switzerland".   mirror
  90. ^ Summarized transcripts (.pdf), from Arkin Mahmud's Combatant Status Review Tribunal - pages 22-24
  91. ^ Summarized transcript (.pdf), from Arkin Mahmud's Administrative Review Board hearing - page 123
  92. ^  
  93. ^  
  94. ^ Summarized transcripts (.pdf), from Ahmad Tourson's Combatant Status Review Tribunal - pages 2-14
  95. ^  
  96. ^  
  97. ^ a b   mirror
  98. ^  
  99. ^ a b  
  100. ^ "Abdal Razak Qadir v. George W. Bush" (PDF).  
  101. ^  
  102. ^  
  103. ^  
  104. ^ Summarized transcripts (.pdf), from Abdul Razak's Combatant Status Review Tribunal - pages 20-35
  105. ^  
  106. ^ a b c  
  107. ^ "Hassan Anvar's response to the CSRT allegations" (PDF).  
  108. ^ "Hassan Anvar v. George W. Bush" (PDF).  
  109. ^  
  110. ^  
  111. ^ Letter to Condoleezza Rice, January 19, 2006
  112. ^ a b "Yusef Abbas".  
  113. ^  
  114. ^  
  115. ^  
  116. ^  
  117. ^ a b "'"Guantanamo Bay Detainees Classifed as 'No Longer Enemy Combatants.  
  118. ^  
  119. ^  
  120. ^ "Bahtiyar Mahnut v. George W. Bush" (PDF).  
  121. ^ a b  
  122. ^  
  123. ^  
  124. ^  
  125. ^  
  126. ^  
  127. ^  
  128. ^  
  129. ^  
  130. ^ Summarized transcripts (.pdf), from Haji Mohammed Ayub's Combatant Status Review Tribunal - pages 49-55
  131. ^  
  132. ^ Summarized transcripts (.pdf), from Abdul Ghappar Abdul Rahman's Combatant Status Review Tribunal - pages 34-45
  133. ^ "Uighur inmate in Guantanamo plea".  
  134. ^ "Hajiakbar Abdulghupur".  
  135. ^ Summarized transcripts (.pdf), from Hajiakbar Abdulghupur's Combatant Status Review Tribunal - pages 65
  136. ^  
  137. ^  
  138. ^ a b  
  139. ^  
  140. ^ Summarized transcripts (.pdf), from Adel Abdulhehim's Combatant Status Review Tribunal - pages 36-45
  141. ^ Summarized transcripts (.pdf), from Emam Abdulahat's Combatant Status Review Tribunal - pages 99-111
  142. ^ a b  
  143. ^  
  144. ^ a b  
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  146. ^  
  147. ^ a b  

References

See also

Radio Free Asia named the five released Uyghurs,[9] but the report identified the Uyghurs with different transliterations than that used in the U.S. press release: Ababehir Qasim, Adil Abdulhakim, Ayuphaji Mahomet, Ahter, and Ahmet.

ISN Name Arrival
date
Release
date
Notes
102 Edham Mamet 2002-01-20 2009-10-31
  • Transferred to refugee status in Palau in October 2009.[43][44][45][46][47]
  • His Summary of Evidence (CSRT) was drafted on 5 November 2004, six days after the "Information Paper" on the Uyghur captives.
  • Did not attend his CSRT.
  • Alleged to have participated in the Mazari Sharif prison uprising.[83]
  • CSR Tribunal did not convene in Guantanamo.
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
103 Arkin Mahmud 2002-06-18 2010-02-04
  • Transferred to Switzerland in February 2010.[86][87][88][89]
  • His Summary of Evidence (CSRT) was drafted on 9 November 2004, ten days after the "Information Paper" on the Uyghur captives was drafted.
  • Attended his CSRT.[90]
  • Attended his ARB hearing.[91]
  • Mahmud is not accused of attending a training camp, or of engaging in hostilities, or of any association with Al Qaeda, the Taliban, or any group associated with terrorism.
  • Mahmud traveled to Afghanistan to seek out his brother, who, he said he was surprised to learn, was attending a training camp.
  • Mahmud's release or transfer was authorized on 9 January 2006.[92][93]
201 Ahmad Tourson 2002-01-21 2009-10-31
  • Transferred to refugee status in Palau in October 2009.[43][44][45][46][47]
  • Attended his CSRT.[94]
  • Allegedly spent most of 2000 and 2001 working for a variety of militant groups.[95][96]
219
Abdul Razak
Abdul Razakah[97]
2002-06-08 2012-04-18
  • Given refugee status in El Salvador in April 2012.[59]
  • Alleged to have guarded an Al-Qaida safe house in Jalalabad.[98]
  • Said he supported himself by catering. He catered the food for the camp. He catered food to Uyghurs in Afghan hospitals.[99]
  • Said he traveled to the camp, when the USA attacked, because he wanted to be with his countrymen.[99]
  • Thirty-five pages of Tribunal documents were published in 2007.[100]
  • Allegedly recruited by Hassan Maksum.[101]
  • His Administrative Review Board recommended transfer from Guantanamo on November 17, 2005.[102][103]
  • Attended his CSRT.[104]
  • Said he was working as a driver, was not attending any training camps.
  • Acknowledged making a couple of deliveries of food to the Uyghur camp.
250 Hassan Anvar 2002-02-07 2009-10-31
  • Transferred to refugee status in Palau in October 2009.[43][44][45][46][47]
  • Alleged to have traveled on a false passport.[105]
  • Didn't attend his CSRT, but he did submit a statement.[106]
  • Stated he only fired a handful of bullets when shown how to use an AK-47.[107]
  • His [108]
  • The Fifth Denbeaux study, the No-hearing hearings, reported that Hassan Anvar's original Combatant Status Review Tribunal determined that he not an enemy combatant, but the DoD convened two further Tribunals in order to reverse that determination.[106]
  • Although Anvar submitted a statement to the original Tribunal, the one he was allowed to attend, none of the transcripts of any of the unclassified sessions of any of his Tribunals were released.
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
260 Ahmed Adil
Ahnad Adil
2002-02-09 2006-05-05
  • Allegedly learned to "break down" an AK-47 in a construction camp in Afghanistan.[109]
  • Denied any association to terrorism during his CSRT.[110]
  • CSRT determined that he was not an "enemy combatant".
  • Wrote to Secretary of State Condoleezza Rice, pleading for her intercession to get released.[111]
  • Transported to Albania on May 5, 2006.[9]
275 Yusef Abbas
Abd Al Sabr Abd Al Hamid Uthman
Abdu Supur
Abdul Sabour
2002-06-08 12-30-2013
  • Transferred to Slovakia on December 31, 2013.[62][112]
  • Allegedly wounded by the American aerial bombardment of Afghanistan in Tora Bora.[113]
  • Pointed out in his testimony that travel from China to Afghanistan was not illegal.[114]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
276 Akhdar Qasem Basit 2002-06-10 2006-05-05
  • Alleged to be a Uighur fighter.[115]
  • Confirmed that he was shown how to fire an AK-47, and fired three or four bullets, at the construction camp in Afghanistan[116]
  • Transported to Albania on May 5, 2006.[9][117]
277 Bahtiyar Mahnut
Bahtiyar Mahnut
Sadir Sabit
2002-06-10 2010-02-04
278 Abdul Helil Mamut
Abd Al Nasir
2002-06-10 2009-06-11
  • Transferred to guest worker status in Bermuda.[49][50][51][52]
  • Alleged to have been present in the Uyghur camp during the American aerial bombardment of Afghanistan.[125]
  • Testified he had studied at a technical college in Lahore for three years, and had only gone to stay at the Uyghur construction camp after he flunked out.[126]

[127]

  • His Board recommended his transfer on 18 November 2005.[128][129]
279 Haji Mohammed Ayub 2002-06-10 2006-05-05
  • Attended his CSRT.[130]
  • Transported to Albania on May 5, 2006.[9][117]
280 Saidullah Khalik 12-30-2013
  • Transferred to Slovakia on December 31, 2013.[62][112]
  • No record that he attended his CSR Tribunal.
  • Was wounded during the American aerial bombardment of Afghanistan.[131]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
281 Abdul Ghappar Abdul Rahman 2002-06-10 2009-10-31
  • Given refugee status in Palau in October 2009.[43][44][45][46][47]
  • Attended his CSRT.[132]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
  • A rare letter from "Abdulghappar Turkistani" was published on March 20, 2008.[133] According to Abdulghappar all the remaining Uyghurs were being held, in solitary confinement, in the high security Camp 6.
282 Hajiakbar Abdulghupur 12-30-2013
  • Transferred to Slovakia on December 31, 2013.[62][134]
  • Attended his CSRT.[135]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
283 Abu Bakr Qasim 2002-06-10 2006-05-05
  • Alleged to have received a month of military training.[136]
  • Testified he did not receive any military training.[137]
  • CSRT determined that he was not an "enemy combatant".
  • Transported to Albania on May 5, 2006.[9]
285 Abdullah Abdulqadirakhun
Jalal Jalaldin
2002-06-12 2009-06-11
  • Transferred to guest worker status in Bermuda.[49][50][51][52]
  • Testified that Hassan Maksum showed him how to fire a couple of rifle bullets.[138]
  • Testified that the camp was incomplete, had no latrines, and that most of their time was spent in construction.[138]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
289 Dawut Abdurehim 2002-06-12 2009-10-31
  • Transferred to refugee status in Palau in October 2009.[43][44][45][46][47]
  • Attended his CSRT.[139]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
293 Adel Abdulhehim 2002-06-10 2006-05-05
  • Attended his CSRT.[140]
  • Transported to Albania on May 5, 2006.[9]
295 Emam Abdulahat 2002-06-14 2009-06-11
  • Transferred to guest worker status in Bermuda.[49][50][51][52]
  • Attended his CSRT.[141]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
320 Hozaifa Parhat 2002-05-03 2009-06-11
  • Transferred to guest worker status in Bermuda.[49][50][51][52]
  • Parhat acknowledged being shown how to use two different weapons while in Afghanistan.[142]
  • Parhat disputed that the Taliban or al Qaida funded the camp.[142]
  • Determined to have been an "enemy combatant", but there is no record that any annual Administrative Review Board hearings have been convened.[84][85]
  • On June 20, 2008 a three judge appeals court ruled that his classification as an enemy combatant was "invalid".[63][64][65]
328 Hammad Memet
Ahmad Muhamman Yaqub
2002-05-03 2012-04-18
  • Given refugee status in El Salvador in April 2012.[59]
  • Alleged to have spent over a year at the Uyghur camp.[143]
  • Alleged to have been a weapons trainer at the Uyghur camp.[144]
  • The detainee denied any knowledge of the Islamic Movement of Turkistan (IMT).[144]
  • Allegedly fought against the Northern Alliance.[145]
  • The only Uyghur captive alleged to be a member of al Qaida.[145]
584 Adel Noori 2002-05-05 2009-10-31
  • Transferred to refugee status in Palau in October 2009.[43][44][45][46][47]
  • Alleged to have tried to hide his identity under a burka.[146]
  • Attended his CSRT—at just half a page his summarized transcript was among the half dozen briefest.[147]
  • Denied receiving any weapons training.[147]

On July 18, 2008 US District Court that[97]

The government has refused to provide Petitioner Adel Noori’s CSRT record to his counsel.

The Uyghur detainees

On October 20, 2009, the United States Supreme Court announced it would hear an appeal filed on behalf of the Uyghurs, as to whether Justice Leon had the authority to order the Uyghurs to be released in the United States.[78][79][80][81][82] A panel of appeal court judges had overruled Leon. The appeal was filed on behalf of Hazaifa Parhat and seven other of the Uyghur captives. But the court's ruling would apply to all the Uyghurs, and would affect the appeals of other captives whose habeas hearings have overturned their CSR Tribunals.

Supreme Court to rule on whether the judiciary can force captives to be released in the United States

“I was scheduled to depart on another round of negotiations early this week. It was impossible to resolve some concerns we had about going forward at the time. As a result I canceled the trip.”

On October 16, 2008, Clint Williamson, the State Department official responsible for negotiating a new home for the captives, complained that the Justice Department's description of the Uyghurs had undermined his efforts.[77] Williamson is the State Department’s ambassador-at-large for war crimes issues. The New York Times quoted Williamson's comment about cancelling his overseas trips following the Department of Justice claims:

The United States Department of Justice filed an emergency motion to stay the Uyghurs' admission to the US.[76] On October 8, 2008, a three judge appeal panel granted the emergency motion to stay the Uyghur's transfer. The judges stay was to enable the appeals court to consider the merits of the parties' arguments. The parties to file briefs by October 16, 2008.

On Tuesday October 7, 2008, US District Court Judge Ricardo Urbina ruled that the Uyghurs had to be brought to the US to appear in his court in Washington DC on Friday 10 October 2008.[75]

Although they were no longer considered "enemy combatants" camp authorities continued to hold six of the men in solitary confinement.[73]

On September 30, 2008, Gregory Katsas, Assistant Attorney General filed a "notice of status" for the remaining Uyghur captives—stating that they would no longer be classed as "enemy combatants".[73][74] According to The AM Law Daily the Department of Justice was scheduled to appear before Ricardo M Urbina on October 7, 2008, to defend classifying the men as enemy combatants.

No longer classed as "enemy combatants"

What is clear is that no court has ever ruled that detainees, designated as enemy combatants, have a right to challenge the conditions of their confinement pursuant to the constitutional writ of habeas corpus. Furthermore, courts are reluctant to second-guess day-to-day operations of domestic prison facilities, especially when doing so intrudes upon the military and national security affairs. This deference combined with the paucity of evidence of irreparable injury and the petitioners' failure to articulate a specific constitutional right and standard from which to analyze the facts of this case presses the court to deny the petitioners' motion for a TRO and a preliminary injunction.

In early August 2008 US District Court Judge Ricardo M. Urbina declined to rule in favor of transferring six of the Uyghurs from Camp 6 where captives are held in solitary confinement to Camp 4 where they live in communal barracks with fellow captives.[68][69][70][71][72] Urbina's nine-page memorandum opinion addressed the needs of Hammad Memet, Khalid Ali, Edham Mamet, Bahtiyar Mahnut, Arkin Mahmud, Adel Noori.

Petition to be moved from solitary confinement

On July 7, 2008 a petition was filed on behalf of the seventeen Uyghurs.[66] On August 5, 2008 the United States Department of Justice opposed Parhat being released in the US, and to having a judgment made on his habeas petition.[67] The Government's opposition filing was 22 pages long.

Motions following Boumediene v. Bush

On Monday June 23, 2008 it was announced that a three judge Federal court of appeal had ruled, in Parhat v. Gates, on Friday June 20, 2008, that the determination of Hozaifa Parhat's Combatant Status Review Tribunal was "invalid".[63][64][65]

Parhat v. Gates

On June 12, 2008 the United States Supreme Court ruled on Boumediene v. Bush. Its ruling overturned aspects of the Detainee Treatment Act and Military Commissions Act, allowing Guantanamo captives to access the US justice system for habeas petitions.

Supreme Court's ruling in Boumediene v. Bush

Rosenberg reported that the US military had transferred Yusef Abbas, Hajiakbar Abdulghuper, and Saidullah Khalik, to Slovakia on December 30, 2013, in a "secret operation".[62] Rosenberg quoted from a press release US District Court Judge Ricardo Urbina had prepared to be made public after the last Uyghur was transferred, where he expressed his dissatisfaction with the Obama administration for not honoring his original release order.

On December 27, 2013, it was announced that the Government of Slovakia would give asylum to the three remaining Uyghurs.[60] When making the announcement the Government of Slovakia said that the three men had "never been suspected of nor charged with a criminal act of terrorism". A long-standing sticking point in getting third countries to accept former captives is that US negotiators wanted those countries to agree to impose draconian and expensive security measures on the former captives. Carol Rosenberg, of the Miami Herald, the journalist who has provided the most extensive coverage of the Guantanamo camp, described the announcement, following the releases of three other groups of men, earlier in December, marked a "significant milestone".[61]

Slovakia

In September 2013, El Salvador reported that both men quietly slipped out of El Salvador, and that their destination was unknown but presumed to be Turkey. http://www.mcclatchydc.com/2013/09/26/203384/2-former-guantanamo-detainees.html#storylink=cpy

On April 19, 2012, the Associated Press reported that Abdul Razakah and Hammad Memet had been transferred to El Salvador.[59] Ben Fox, writing for the Associated Press wrote that the men had already begun to learn Spanish. El Salvador officials said the men had been given refuge because many El Salvaador citizens had been allowed refuge in other countries when their country was hit by civil war.

El Salvador

"This is something that we weren’t consulted on by the last (Brown) administration. We have spoken to the United States about it — it’s our understanding that the arrangement was not to be permanent and we’re looking to the US State Department to find a permanent solution. We’re working with them to try and achieve that."

On September 29, 2011 the Antigua Observer quoted Henry Bellingham the United Kingdom's Overseas Territories Minister on the UK's expectation that the US would find a permanent home for the four Uyghurs in another country.[58]

According to their lawyers, the four men will be "guest workers" in Bermuda;[52] according to Premier of Bermuda Ewart Brown, they will be given the opportunity to become naturalised "citizens" — currently impossible under Bermudian law, and a right which many residents, locally born and raised, do not have[53] — with the ability to eventually travel freely.[51] The decision was made without the knowledge of Richard Gozney, the Governor of Bermuda, responsible for foreign affairs and security matters, who only found out after their arrival.[54] Brown's promise of "citizenship" was apparently made without the knowledge of the British government, whose citizenship is being offered. The offer of asylum was strongly criticised both within Bermuda and by the UK. This was not the first time that Bermuda hosted refugees; during the 1970s, five people from Vietnam were allowed into the country; only one remains there, following the emigration of three others and the death of the fifth.[55] The following day, the Opposition United Bermuda Party moved for a motion of no confidence against Brown,[56] while the British government declared its intentions to review its legal relationship with the territory.[57]

On June 11, 2009, Abdul Helil Mamut, Huzaifa Parhat, Emam Abdulahat and Jalal Jalaladin[49] arrived in the British overseas territory of Bermuda.[50] The cost of the relocation will be borne by the United States, while the government of Bermuda would arrange documentation, residence and housing.[51]

Bermuda

Tragically, one of the men's young toddler, conceived and born on Palau, died after he fell off a balcony.[48] According to Vanderklippe, the men's departure from Palau was quietly arranged with cooperation with American officials. He reported they left, one or two at a time, on commercial flights. Palaun officials would not share the Uyghurs destination.

Vanderklippe reported that the men had never felt they could fit in with the Palauns.[48] Some of the men compared Palau with a lusher, larger Guantanamo. Some of the men were able to bring their wives to Palau. Attempts to hold most regular jobs failed, due to cultural differences. Attempts to use their traditional leather-working skills to be self-employed failed. Eventually, all six men were employed as night-time security guards, a job that did not require interaction with Palauns.

On June 29, 2015, Nathan Vanderklippe, reporting in the Globe and Mail, wrote that all the Uyghurs had quietly left Palau.[48] The Globe confirmed that Palau's agreement to give refuge to the Uyghurs was reached after the USA agreed to various secret payments. Those payments included $93,333 to cover each Uyghurs living expenses. The Globe confirmed that controversy still surrounded former President Johnson Toribiong who had used some of those funds to billet the Uyghurs in houses belonging to his relatives.

On October 31, 2009 Ahmad Tourson, Abdul Ghappar Abdul Rahman, Edham Mamet, Anwar Hassan, Dawut Abdurehim and Adel Noori were reported to have been transferred to Palau.[43][44][45][46][47]

On September 19, 2009 Fox News reported that in the week since the first announcement three further Uyghurs agreed to be transferred to Palau.[42] Fox reported that five of the other Uyghurs had refused to speak with Palau officials.

On September 10, 2009 The Times reported that three of the Uyghurs, Dawut Abdurehim and Anwar Assan, and another man whose identity has not been made public, have accepted the invitation to be transferred to asylum in Palau.[41]

In June 2009, Palauan President Johnson Toribiong agreed to "temporarily resettle" up to seventeen of the Uyghur detainees, at the United States' request.[34][35][36][37][38][39][40]

Temporary asylum in Palau

In February 2009 the Munich city council passed a motion to invite the remaining seventeen Uyghurs to settle in Munich,[32] home to the largest community of Uyghurs outside of China.[33]

Asylum in Munich

An article published by the Associated Press on October 10, 2008, quoted Elshat Hassan and Nury Turkel, two leaders of the Uyghur American Association, about plans for American-Uyghurs to help the Uyghur captives acclimatize, once they have been admitted to the USA.[31] Turkel said the Uyghurs are as oppressed as the Tibetans, but they don't receive as much recognition because they lack a high profile leader, like the Dalai Lama.

Role of American Uyghurs

is sponsoring the other two men. Their sponsors will support the men with housing and clothing, if they are admitted. archdiocese of Montreal The [27]

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