Exclusive: many resettled Guantánamo detainees in legal limbo, analysis shows

About 30% of former Guantánamo detainees who had been resettled in third nations haven't been granted authorized standing, based on new evaluation shared solely with the Guardian, leaving them weak to deportation and proscribing their means to rebuild their lives.

Of the a whole bunch of males launched from Guantánamo because the jail first opened 20 years in the past, about 150 had been despatched to 3rd nations in bilateral agreements brokered by the US, as a result of their house nations had been thought-about harmful to return to.

Publicly, the US dedicated to transferring them in a humane means that may guarantee rehabilitation after years of incarceration – and, in lots of circumstances, torture – with out cost. However many stay in authorized limbo, unable to work or reunite with their households, and have been topic to years of detention. Others have been forcibly returned to harmful situations.

The brand new information was produced by the human rights group Reprieve, which assists former detainees, and illustrates how the lawlessness that has marked the jail from the start can observe males years after their launch. The evaluation signifies that roughly 45 males haven't been given residency paperwork upon resettlement.

Ravil Mingazov was held at Guantánamo for greater than 14 years earlier than being transferred to the United Arab Emirates on the final day of the Obama administration. A Muslim Tatar from Russia who had been harassed by authorities due to his faith, he feared returning house, the place UN human rights consultants warned he might face torture. He was assured he would stay freely within the UAE after a brief stint in a rehabilitation facility. As an alternative, he has been held in solitary confinement and severely mistreated, based on his household and attorneys.

Ravil Mingazov, before he was held at Guantánamo Bay.
Ravil Mingazov, earlier than he was held at Guantánamo Bay. Photograph: Reed Smith

His 23-year-old son, Yusuf Mingazov, spoke to the Guardian from his house in London. “I’m not saying that Guantánamo is an effective place. It’s one of many worst locations on this planet, one of many worst prisons. However evaluating to UAE proper now, it’s a pleasant place.”

Final 12 months, fears of pressured repatriation mounted after Russian authorities visited Ravil’s mom in Tatarstan to provide journey paperwork. Monitored telephone calls to kinfolk floor to a halt. A UN opinion has likened Mingazov’s case to incommunicado detention and enforced disappearance, holding each the US and the UAE accountable. A state division spokesperson mentioned that issues concerning the case had been raised with the UAE authorities.

Martina Burtscher, a caseworker with Reprieve, mentioned that addressing the wants of former detainees turned a lot more durable when the Trump administration eradicated a state division workplace devoted to closing Guantánamo. That workplace had been led by a particular envoy charged with discovering options for the boys who remained and monitoring the situations of these resettled.

With out the workplace, there was no option to press host governments, who now “had a free hand” to do what they wished with the boys, mentioned Burtscher. “Who do you name within the state division to attempt to make sure that there's a follow-up? You possibly can go to the US embassy within the host nation, which I attempted to do in a number of areas. The solutions had been largely the identical: ‘It’s not our drawback any extra. The lads are actually on the [mercy] of their host nations, and we're positive that their human rights are being met.’”

For a lot of former detainees, that was not the case. The UAE has deported 22 different males to their house nations, Yemen and Afghanistan. One of many Yemeni males is being held by a militia group; one of many Afghan males died from “torture, mistreatment and medical neglect each at Guantánamo and within the UAE”, based on a UN report. In 2018, Senegal forcibly repatriated two males to Libya, the place they had been detained by militia. They've since been launched however stay “weak to re-detention”, based on Reprieve.

Different ex-detainees could also be nominally free in host nations, however with out documentation, they usually can’t work, journey or see their households. Mansoor Adayfi, a Yemeni man despatched to Serbia in 2016, has complained of persistent surveillance and different restrictions, calling post-detention life “Guantánamo 2.0”.

Mansoor Adayfi.
Mansoor Adayfi. Photograph: Slavoljub Milanović

The state division spokesperson mentioned that the federal government registers its issues with host nations when it isn't clear ex-detainees are being handled humanely.

The Biden administration has not re-established the particular envoy position for closing Guantánamo. Solely one individual has to date been launched underneath Biden, to his native Morocco, and 13 detainees are eligible for switch.

Ambassador Daniel Fried, the particular envoy throughout Obama’s first time period, mentioned monitoring the progress of resettled detainees was a central a part of the job. “We knew the standing of each third-country switch. I knew the one who acquired married and the place he labored and who his spouse was,” he mentioned.

“There are some issues of Guantánamo that may by no means go away,” Fried continued. “The best way you take care of that's to step up and make it possible for the people who had been there – in case you discovered them eligible for switch – are given the help they want.”

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