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Muktar Yahya Najee al-Warafi

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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]

Habeas corpus

In 2015 Warafi's lawyers challenged his detention following a statement by President Barack Obama, that US involvement in hostilities in Afghanistan were over.[4] 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.[5]

“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”.[5]

References

  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 from the original (PDF) on 2007-09-30. Retrieved 2006-05-15. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help) 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. ^ 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. ^ "Muktar Yahya Najee al Warafi - The Guantánamo Docket". The New York Times.
  4. ^ "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.
  5. ^ 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."


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