124 | Towards the Closure of Guantanamo B. Detainees not cleared for transfer 306. As of March 2015, there were 66 Guantanamo detainees who had not been designated for transfer who fall into two categories: detainees designated for prosecution and detainees designated for continuing detention by the interagency review task force in 2009. 1. Detainees facing criminal charges 307. As of December 2014, there were 32 detainees at Guantanamo who had been designated for prosecution by the Guantanamo Review Task Force. The United States administration brought war crimes charges against 19 of them. According to information published by the Office of Military Commissions, 369 by the end of 2014 there were five active cases pending before military commissions involving nine detainees currently held at Guantanamo. Of those active cases, only Abd al-Rahim al-Nashiri, Abd al Hadi al-Iraqi, and the five men accused of plotting the September 11 attacks (Khalid Sheikh Mohammed, Mustafa Ahmad al-Hawsawi, Ali Abd al-Aziz Ali, Waleed Bin ‘Attash, and Ramzi Bin al-Shibh) actually face formal charges. All of them are among the category of “high-value” detainees and face the death penalty. In the remaining two cases, a plea agreement has been reached but the detainees remain held at Guantanamo. Several other cases are inactive because charges were dismissed without prejudice or the case has not been referred to a military commission. Since the opening of the detention facility in 2002, only eight prisoners have been convicted at military commissions at Guantanamo; two of those convictions were overturned on appeal. 308. Majid Khan, one of the “high-value” detainees and the only U.S. resident at Guantanamo, pleaded guilty in February 2012. The deal reportedly requires him to testify against Khalid Sheikh Mohammed, the purported mastermind of the September 11 attacks, and other terrorist suspects. The plea agreement allegedly establishes a maximum sentence of 19 years but sentencing was postponed for four years. According to Mr. Khan’s counsel, he was abducted in 2003, imprisoned and tortured by U.S. officials at secret overseas “black sites” operated by the CIA before being transferred to Guantanamo in September 2006. 370 Ahmed al-Darbi reached a plea agreement with the prosecution in February 2014, in which he agreed to testify against al-Nashiri. The plea reportedly gave him a sentence of nine to 15 years, of 369 370 Department of Defense, Office of Military Commissions. Available at: http://www.mc.mil/Cases.aspx?caseType=omc&status=4&id=23 Appendix A to the Pre-Trial Agreement, February 29, 2012. Available at: http://www.mc.mil/Portals/0/pdfs/Khan/Khan%20(AE013)%20-%20Appendix%20A.pdf. See also, The New York Times, Testimony on Al Qaeda Is Required in Plea Deal, February 29, 2012. Available at: http://www.nytimes.com/2012/03/01/us/majid-khan-pleads-guilty-to-terrorism-plots-in-militarycourt.html?_r=0; and Center for Constitutional Rights, Khan v. Obama/ Khan v. Gates. Available at: http://ccrjustice.org/ourcases/current-cases/khan-v.-obama-/-khan-v.-gates Organization of American States | OAS