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{{Infobox War on Terror detainee
{{Infobox War on Terror detainee
| name = Muktar Yahya Najee Al Warafi
| name = Muktar Yahya Najee Al Warafi
| image =
| image = ISN 00117, Mukhtar Anaje.jpg
| image_size =
| image_siz =
| caption = Muktar's Guantanamo identity portrait, showing him wearing a [[Guantanamo uniform|white uniform]] issued to [[compliant (JTF-GTMO)|"compliant"]] individuals.
| caption =
| birth_date = {{Birth year and age|1974}}
| birth_date = {{Birth year and age|1974}}
| birth_place = [[Ta'iz]], Yemen
| birth_place = [[Ta'iz]], Yemen
| death_date =
| death_date =
| death_place =
| death_place =
| detained_at = [[Guantanamo Bay detention camp|Guantanamo]]
| detained_at = [[Guantanamo Bay detention camp|Guantanamo]]
| id_number = 117
| id_number = 117
Line 15: Line 14:
| charge = no charges [[extrajudicial detention]]
| charge = no charges [[extrajudicial detention]]
| penalty =
| penalty =
| status = Still held in Guantanamo
| status = Transferred to [[Oman]] in 2016
| occupation =
| occupation =
| spouse =
| spouse =
Line 21: Line 20:
| children =
| children =
}}
}}
'''Muktar Yahya Najee Al Warafi''' is a citizen of [[Yemen]], who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s in [[Cuba]].<ref name=DoDList2/>
'''Muktar Yahya Najee Al Warafi''' is a citizen of [[Yemen]] who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s in [[Cuba]].<ref name=DoDList2/>
The [[US Department of Defense|Department of Defense]] estimate that Al Warafi was born in 1974, in [[Ta'iz]], Yemen.
The [[US Department of Defense|Department of Defense]] estimate that Al Warafi was born in 1974, in [[Ta'iz]], Yemen.


Muktar Yahya Najee al Warafi was held at Guantanamo from 2002 to January 13, 2016.<ref name=NYTimes2016-01-14/><ref>{{cite news| url=http://projects.nytimes.com/guantanamo/detainees/117-muktar-yahya-najee-al-warafi | work=The New York Times | title=Muktar Yahya Najee al Warafi - The Guantánamo Docket}}</ref>
Muktar Yahya Najee al Warafi was held at Guantanamo from 2002 to January 13, 2016.<ref name=NYTimes2016-01-14/><ref name=NYTimesGuantanamoDocketIsn117/>


==Official status reviews==
==Habeas corpus==


Originally the [[George W. Bush|Bush]] [[United States President|Presidency]] asserted that captives apprehended in the ''"[[war on terror]]"'' were not covered by the [[Geneva Conventions]], and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.<ref name=UsaToday20071011>
In 2015 Warafi's lawyers challenged his detention following a statement by [[United States President|President]] [[Barack Obama]], that US involvement in hostilities in Afghanistan were over.<ref name=PBSNewshour2015-07-30/> They argued that the detention of individuals in Guantanamo was only valid while hostilities were ongoing. On July 30, 2015, [[US District Court Judge]] [[Royce Lamberth]] ruled that, without regard to the Obama's comment, hostilities were still ongoing in Afghanistan, so Warafi's detention remained legal.<ref name=TheGuardian2015-07-30/>
{{cite news
:{| class="wikitable"
|url = https://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|
|title = U.S. military reviews 'enemy combatant' use
:''“A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence. The government may not always mean what it says or say what it means.”''
|publisher = [[USA Today]]
|}
|date = 2007-10-11
One of Warafi's lawyers, [[Brian Foster]], called Lamberth's opinion ''“rubber stamp for endless detention”''.<ref name=TheGuardian2015-07-30/>
|archive-date = 2007-10-23
|archive-url = https://web.archive.org/web/20071023220558/http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|url-status = live
|quote = Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
}}
</ref>
In 2004, the [[United States Supreme Court]] ruled, in [[Rasul v. Bush]], that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

===Office for the Administrative Review of Detained Enemy Combatants===
[[File:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.<ref name=Nytimes041109>[https://www.nytimes.com/2004/11/08/national/08gitmo.html?ex=1257570000&en=4af06725bdf5c086&ei=5088&partner=rssnyt Guantánamo Prisoners Getting Their Day, but Hardly in Court], ''[[New York Times]]'', November 11, 2004 - [http://cageprisoners.com/articles.php?aid=3838 mirror] {{webarchive|url=https://web.archive.org/web/20070930184542/http://cageprisoners.com/articles.php?aid=3838 |date=2007-09-30 }}</ref><ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', December 11, 2004</ref>]]

Following the Supreme Court's ruling the [[United States Department of Defense|Department of Defense]] set up the [[Office for the Administrative Review of Detained Enemy Combatants]].<ref name=UsaToday20071011/><ref name=Bbc2002-01-21>
{{cite news
|url = http://news.bbc.co.uk/2/hi/americas/1773140.stm
|title = Q&A: What next for Guantanamo prisoners?
|publisher = [[BBC News]]
|date = 2002-01-21
|access-date = 2008-11-24
|archive-url = https://web.archive.org/web/20081123204530/http://news.bbc.co.uk/2/hi/americas/1773140.stm
|archive-date = 23 November 2008
|url-status = live
}}
</ref>

Scholars at the [[Brookings Institution]], led by [[Benjamin Wittes]], listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:<ref name=Brookings2008-12-16>
{{cite web
| url = https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
| title = The Current Detainee Population of Guantánamo: An Empirical Study
| publisher = [[The Brookings Institution]]
| date = 2008-12-16
| author1 = Benjamin Wittes
| author-link = Benjamin Wittes
| author2 = Zaathira Wyne
| access-date = 2010-02-16
| archive-url = https://web.archive.org/web/20170519100934/https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
| archive-date = 2017-05-19
| url-status = live
}}
</ref>

* Muktar Yahya Najee Al Warafi was listed as one of the captives who ''"The military alleges ... are [[associated with the Taliban]]."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives who ''"The military alleges ... [[traveled to Afghanistan for jihad]]."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives who ''"The military alleges ... [[took military or terrorist training in Afghanistan]]."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives who ''"The military alleges ... [[fought for the Taliban]]."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives whose ''"[[names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities]]."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives who was a [[foreign fighter]].<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of ''"36 [captives who] openly admit either membership or significant association with Al Qaeda, the Taliban, or some other group the government considers militarily hostile to the United States."''<ref name=Brookings2008-12-16/>
* Muktar Yahya Najee Al Warafi was listed as one of the captives who had [[admitted to training at Al Qaeda or Taliban camps|admitted ''"to training at Al Qaeda or Taliban camps"'']].<ref name=Brookings2008-12-16/>

<!-- Waraji was cleared for release in 2007, following his third annual [[Administrative Review Board]]. -->

===Habeas corpus===

In 2015, Warafi's lawyers challenged his detention following a statement by [[United States President|President]] [[Barack Obama]], that US involvement in hostilities in Afghanistan were over.<ref name=Lawfare2015-05-27/> They argued that the detention of individuals in Guantanamo was only valid while hostilities were ongoing.<ref name=PBSNewshour2015-07-30/> On July 30, 2015, [[US District Court Judge]] [[Royce Lamberth]] ruled that, without regard to the Obama's comment, hostilities were still ongoing in Afghanistan, so Warafi's detention remained legal.<ref name=TheGuardian2015-07-30/><ref name=Bloomberg2015-08-03/>

<blockquote>A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence. The government may not always mean what it says or say what it means.</blockquote>

One of Warafi's lawyers, [[Brian Foster (lawyer)|Brian Foster]], called Lamberth's opinion ''"rubber stamp for endless detention"''.<ref name=TheGuardian2015-07-30/>

===Formerly secret Joint Task Force Guantanamo assessment===

On April 25, 2011, whistleblower organization [[WikiLeaks]] published formerly secret assessments drafted by [[Joint Task Force Guantanamo]] analysts.<ref name=TelegraphWikiLeaksRevealed2011-04-25>
{{cite news |url=https://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html |title=WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose |publisher=[[The Telegraph (UK)]] |date=2011-04-27 |access-date=2012-07-13 |author1=Christopher Hope |author2=Robert Winnett |author3=Holly Watt |author4=Heidi Blake |archive-date=2012-07-15 |archive-url=https://web.archive.org/web/20120715015806/http://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html |url-status=live |quote=The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America's own analysis of almost ten years of controversial interrogations on the world's most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website. }}
</ref><ref name=TheTelegraphDabDatabase>{{cite news
|url = https://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html
|title = WikiLeaks: The Guantánamo files database
|publisher = [[The Telegraph (UK)]]
|date = 2011-04-27
|url-status = dead
|access-date = 2018-04-05
|archive-date = 2011-04-29
|archive-url = https://web.archive.org/web/20110429040459/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html
}}</ref>
His 8-page [[Joint Task Force Guantanamo assessment]] was drafted on October 30, 2008.<ref name=TheTelegraphDabIsn117>
{{cite news
| url = https://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477480/Guantanamo-Bay-detainee-file-on-Mukhtar-Yahya-Najee-Al-Warafi-US9YM-000117DP.html
| title = Mukhtar Yahya Najee Al Warafi: Guantanamo Bay detainee file on Mukhtar Yahya Najee Al Warafi, US9YM-000117DP, passed to the Telegraph by Wikileaks
| publisher = [[The Telegraph (UK)]]
| date = 2011-04-27
| page =
| access-date = 2016-07-09
| quote =
}}
</ref>
It was signed by camp commandant [[Rear Admiral]] [[David M. Thomas Jr.]]
He recommended continued detention.

==Transfer to Oman==

Warafi was transferred to [[Oman]] with nine other individuals from Yemen:
[[Fahed Abdullah Ahmad Ghazi]],
[[Samir Naji al Hasan Moqbel]],
[[Waqas Mohammed Ali Awad]],
<!-- [[Muktar Yahya Najee al Warafi]], -->
[[Abu Bakr Ibn Ali Muhhammad Alahdal]],
[[Abdul al Razzaq Muhammad Salih]],
[[Muhhammad Said Bin Salem]],
[[Said Muhammed Salih Hatim]],
[[Omer Saeed Salem al Daini]],
[[Fahmi Abdullah Ahmed]].<ref name=NYTimes2016-01-14/>
All ten men had been cleared for release in 2009.


==References==
==References==
{{Reflist|2|refs=
{{Reflist|2|refs=
<ref name=Bloomberg2015-08-03>
{{cite news
| url = https://www.bloomberg.com/view/articles/2015-08-03/obama-s-war-continues-at-guantanamo
| title = Obama's War Continues at Guantanamo
| publisher = [[Bloomberg News]]
| date = 2015-08-03
| page =
| location =
| access-date = 2016-09-27
| quote = It may come as a surprise to Barack Obama that the commander in chief of the U.S. armed forces does not necessarily get to decide when a war is over.
}}
</ref>

<ref name=Lawfare2015-05-27>
{{cite news
| url = https://www.justsecurity.org/23171/understanding-end-war-dispute-al-warafi-habeas-case/
| title = Understanding the "end of war" dispute in the al Warafi habeas case
| publisher = [[Just Security]]
| author = Marty Lederman
| date = 2015-05-27
| page =
| location =
| access-date = 2016-09-27
| quote = As I have previously explained, al Warafi argues that because he is detained as a member of the Taliban's armed forces, and because the United States and the Taliban are no longer in an armed conflict with one another, the government's domestic law authority to detain al Warafi has expired.
}}
</ref>

<ref name=TheGuardian2015-07-30>
<ref name=TheGuardian2015-07-30>
{{cite news
{{cite news
| url = https://www.theguardian.com/us-news/2015/jul/30/guantanamo-bay-detainee-release-rejected-afghanistan-obama
| url = https://www.theguardian.com/us-news/2015/jul/30/guantanamo-bay-detainee-release-rejected-afghanistan-obama
| title = US judge rejects Guantánamo detainee's unlawful imprisonment challenge
| title = US judge rejects Guantánamo detainee's unlawful imprisonment challenge
| publisher = [[The Guardian]]
| work = [[The Guardian]]
| date = 2015-07-30
| date = 2015-07-30
| quote = “A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence,” Lamberth wrote. “The government may not always mean what it says or say what it means.”
| quote = "A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence," Lamberth wrote. "The government may not always mean what it says or say what it means."
}}
}}
</ref>
</ref>
Line 49: Line 176:
<ref name=PBSNewshour2015-07-30>
<ref name=PBSNewshour2015-07-30>
{{cite news
{{cite news
| url = http://www.pbs.org/newshour/rundown/federal-judge-rejects-legal-challenge-guantanamo-detainee/
| url = https://www.pbs.org/newshour/rundown/federal-judge-rejects-legal-challenge-guantanamo-detainee/
| publisher = [[PBS Newshour]]
| publisher = [[PBS Newshour]]
| date = 2015-07-30
| date = 2015-07-30
Line 59: Line 186:
<ref name=NYTimes2016-01-14>
<ref name=NYTimes2016-01-14>
{{cite news
{{cite news
| url = http://www.nytimes.com/2016/01/15/us/politics/guantanamo-bay-prison-transfer.html?_r=0
| url = https://www.nytimes.com/2016/01/15/us/politics/guantanamo-bay-prison-transfer.html?_r=0
| title = Guantánamo Population Drops to 93 after 10 Prisoners Go to Oman
| title = Guantánamo Population Drops to 93 after 10 Prisoners Go to Oman
| publisher = [[New York Times]]
| work = [[New York Times]]
| author = [[Charlie Savage]]
| author = Charlie Savage
| author-link = Charlie Savage (author)
| date = 2016-01-14
| date = 2016-01-14
| accessdate = 2016-01-14
| access-date = 2016-01-14
| quote = Oman, which shares a border with Yemen, also took in 10 lower-level detainees in 2015. Its acceptance of 20 men over the past 13 months has significantly aided the Obama administration’s goal of repatriating or resettling all the men who have been recommended for transfer, most of whom have been languishing with that status since at least 2009 when a six-agency task force unanimously approved letting them go.
| quote = Oman, which shares a border with Yemen, also took in 10 lower-level detainees in 2015. Its acceptance of 20 men over the past 13 months has significantly aided the Obama administration's goal of repatriating or resettling all the men who have been recommended for transfer, most of whom have been languishing with that status since at least 2009 when a six-agency task force unanimously approved letting them go.
}}
}}
</ref>
</ref>
Line 72: Line 200:
{{cite web
{{cite web
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| format=PDF
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| author=[[OARDEC]]
| author=OARDEC
| author-link=OARDEC
| publisher=[[United States Department of Defense]]
| publisher=[[United States Department of Defense]]
| archiveurl= http://web.archive.org/web/20070930184034/http://www.dod.mil/news/May2006/d20060515%20List.pdf
| archive-url= https://web.archive.org/web/20070930184034/http://www.dod.mil/news/May2006/d20060515%20List.pdf
| archivedate= 2007-09-30
| archive-date= 2007-09-30
| deadurl= no
| url-status= live
| accessdate=2006-05-15
| access-date=2006-05-15
| quote=
}}
}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
</ref>

<ref name=NYTimesGuantanamoDocketIsn117>
{{cite news
|url=http://projects.nytimes.com/guantanamo/detainees/117-muktar-yahya-najee-al-warafi
| title=Guantanamo Docket: Muktar Yahya Najee al Warafi
| work=[[New York Times]]
| author=Margot Williams
| author-link=Margot Williams
| date=2008-11-03
| access-date = 2016-07-09
| quote=
}}
</ref>
</ref>
}}
}}
Line 92: Line 232:
{{WoTPrisoners}}
{{WoTPrisoners}}


{{DEFAULTSORT:Mukhtar Yahya Najee Al Warafi}}
<!--
<!--
[[Category:People held at the Guantanamo Bay detention camp]]
[[Category:People held at the Guantanamo Bay detention camp]]
Line 101: Line 240:
[[Category:People from Ta'izz]]
[[Category:People from Ta'izz]]
-->
-->

{{DEFAULTSORT:Warafi, Mukhtar Yahya Najee}}

[[Category:1974 births]]
[[Category:Living people]]
[[Category:People from Taiz]]

Latest revision as of 19:22, 21 September 2024

Muktar Yahya Najee Al Warafi
Muktar's Guantanamo identity portrait, showing him wearing a white uniform issued to "compliant" individuals.
Born1974 (age 50–51)
Ta'iz, Yemen
Detained at Guantanamo
ISN117
Charge(s)no charges extrajudicial detention
StatusTransferred to Oman in 2016

Muktar Yahya Najee Al Warafi is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps in Cuba.[1] The Department of Defense estimate that Al Warafi was born in 1974, in Ta'iz, Yemen.

Muktar Yahya Najee al Warafi was held at Guantanamo from 2002 to January 13, 2016.[2][3]

Official status reviews

[edit]

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[4] In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

[edit]
Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[5][6]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[4][7]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[8]


Habeas corpus

[edit]

In 2015, Warafi's lawyers challenged his detention following a statement by President Barack Obama, that US involvement in hostilities in Afghanistan were over.[9] They argued that the detention of individuals in Guantanamo was only valid while hostilities were ongoing.[10] On July 30, 2015, US District Court Judge Royce Lamberth ruled that, without regard to the Obama's comment, hostilities were still ongoing in Afghanistan, so Warafi's detention remained legal.[11][12]

A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence. The government may not always mean what it says or say what it means.

One of Warafi's lawyers, Brian Foster, called Lamberth's opinion "rubber stamp for endless detention".[11]

Formerly secret Joint Task Force Guantanamo assessment

[edit]

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[13][14] His 8-page Joint Task Force Guantanamo assessment was drafted on October 30, 2008.[15] It was signed by camp commandant Rear Admiral David M. Thomas Jr. He recommended continued detention.

Transfer to Oman

[edit]

Warafi was transferred to Oman with nine other individuals from Yemen: Fahed Abdullah Ahmad Ghazi, Samir Naji al Hasan Moqbel, Waqas Mohammed Ali Awad, Abu Bakr Ibn Ali Muhhammad Alahdal, Abdul al Razzaq Muhammad Salih, Muhhammad Said Bin Salem, Said Muhammed Salih Hatim, Omer Saeed Salem al Daini, Fahmi Abdullah Ahmed.[2] All ten men had been cleared for release in 2009.

References

[edit]
  1. ^ OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. ^ a b Charlie Savage (2016-01-14). "Guantánamo Population Drops to 93 after 10 Prisoners Go to Oman". New York Times. Retrieved 2016-01-14. Oman, which shares a border with Yemen, also took in 10 lower-level detainees in 2015. Its acceptance of 20 men over the past 13 months has significantly aided the Obama administration's goal of repatriating or resettling all the men who have been recommended for transfer, most of whom have been languishing with that status since at least 2009 when a six-agency task force unanimously approved letting them go.
  3. ^ Margot Williams (2008-11-03). "Guantanamo Docket: Muktar Yahya Najee al Warafi". New York Times. Retrieved 2016-07-09.
  4. ^ a b "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
  5. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  6. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  7. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
  8. ^ a b c d e f g h i Benjamin Wittes; Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2017-05-19. Retrieved 2010-02-16.
  9. ^ Marty Lederman (2015-05-27). "Understanding the "end of war" dispute in the al Warafi habeas case". Just Security. Retrieved 2016-09-27. As I have previously explained, al Warafi argues that because he is detained as a member of the Taliban's armed forces, and because the United States and the Taliban are no longer in an armed conflict with one another, the government's domestic law authority to detain al Warafi has expired.
  10. ^ "Federal judge rejects legal challenge from Guantanamo detainee". PBS Newshour. 2015-07-30. U.S. District Judge Royce Lamberth said in a 14-page opinion issued Thursday that it was clear that hostilities still persist.
  11. ^ a b "US judge rejects Guantánamo detainee's unlawful imprisonment challenge". The Guardian. 2015-07-30. A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence," Lamberth wrote. "The government may not always mean what it says or say what it means.
  12. ^ "Obama's War Continues at Guantanamo". Bloomberg News. 2015-08-03. Retrieved 2016-09-27. It may come as a surprise to Barack Obama that the commander in chief of the U.S. armed forces does not necessarily get to decide when a war is over.
  13. ^ Christopher Hope; Robert Winnett; Holly Watt; Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-15. Retrieved 2012-07-13. The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America's own analysis of almost ten years of controversial interrogations on the world's most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website.
  14. ^ "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. Archived from the original on 2011-04-29. Retrieved 2018-04-05.
  15. ^ "Mukhtar Yahya Najee Al Warafi: Guantanamo Bay detainee file on Mukhtar Yahya Najee Al Warafi, US9YM-000117DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Retrieved 2016-07-09.
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