The recent transfer of 11 Yemeni detainees marks a significant development under President Joe Biden’s administration, constituting the largest transfer during his tenure thus far. At Guantanamo Bay, 15 detainees remain, with three eligible for transfer, three eligible for a Periodic Review Board, seven involved in the military commissions process, and two already convicted and sentenced by military commissions.
Among those remaining at Guantanamo is Khalid Sheikh Mohammad, the alleged mastermind behind the devastating 9/11 attack. Mohammad is set to appear at a hearing where he is anticipated to plead guilty in exchange for the withdrawal of the death penalty. Additionally, two other individuals involved in the 9/11 plot are expected to follow suit and enter guilty pleas under the same agreement.
Recent developments have seen a military appeals court reaffirm that Defense Secretary Lloyd Austin cannot retract the plea agreements negotiated with Mohammad, Walid Muhammad Salih Mubarak bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi. The Pentagon confirmed the transfer of the 11 Yemeni detainees to the Government of Oman after Austin notified Congress of the intent on September 15, 2023. The completion of transfer requirements was done in consultation with Omani partners.
The 11 detainees transferred to Oman, identified by name and detainee identification number, include Uthman Abd al-Rahim Muhammad Uthman (ISN 27), Moath Hamza Ahmed al-Alwi (ISN 28), Khalid Ahmed Qassim (ISN 242), Suhayl Abdul Anam al Sharabi (ISN 569), Hani Saleh Rashid Abdullah (ISN 841), Tawfiq Nasir Awad Al-Bihani (ISN 893), Omar Mohammed Ali al-Rammah (ISN 1017), Sanad Ali Yislam Al Kazimi (ISN 1453), Hassan Muhammad Ali Bib Attash (ISN 1456), Sharqawi Abdu Ali Al Hajj (ISN 1457), and Abd Al-Salam Al-Hilah (ISN 1463).
Attorneys representing Sharqawi Al Hajj, released after nearly 21 years at Guantanamo and over two years at CIA sites, expressed gratitude for his freedom and acknowledged the efforts of numerous individuals and entities that facilitated the transfer. Pardiss Kebriaei, a senior staff attorney at the Center for Constitutional Rights representing Al Hajj, emphasized the significance of his release and the optimism it brings for his future.
The transfer of these detainees to Oman demonstrates continued efforts to address the status of individuals held at Guantanamo Bay. As the legal processes unfold and plea agreements are honored, the fate of remaining detainees and the ongoing operations at the facility remain subjects of international scrutiny and debate.
The departure of these 11 individuals to Oman leaves 15 detainees still at the Guantanamo facility, underscoring the enduring complexities and challenges associated with the detention center and the broader implications of addressing
