Chapter 5 Towards the Closure of Guantanamo: International Legal Obligations | 119
with regard to the Transfer or Release of Detainees
2.
The situation of detainees from Yemen
290. Closing Guantanamo is, to a great extent, related to the situation of Yemeni
detainees and security conditions in their home country. As of March 2015, Yemeni
nationals at Guantanamo represented more than 60% of the total prison population
(75 out of 122) and 85% of those designated for transfer (48 out of 56). 349
Therefore, it will not be possible to close Guantanamo without effectively
addressing this situation.
291. The Guantanamo Review Task Force concluded that the Yemeni detainees posed a
unique challenge; they were by far the largest group in the Guantanamo population,
and the security situation in Yemen had deteriorated. 350 In 2009 the task force
approved the transfer of 36 of the 97 Yemenis detained at that time, subject to
appropriate security measures. Seven of those were repatriated between
September and December, 2009. Following the attempted bombing of a Detroitbound airliner on December 25, 2009, by a Nigerian national trained in Yemen,
President Obama imposed a blanket moratorium on transfers to Yemen fearing that
Guantanamo detainees could be recruited by terrorists. During the term of the
moratorium only one Yemeni was released. This was the case of Mohammed Odaini
who was detained in Pakistan in 2002 when he was 17 years old. U.S. District Judge
Henry H. Kennedy Jr. concluded that his detention was unlawful and ordered his
release on May 26, 2010. 351 This court-ordered release was the only exception to
the suspension.
292. On May 23, 2013, President Obama lifted the moratorium and announced that
transfers to Yemen would resume on a case-by-case basis subject to the
establishment of rehabilitation and monitoring programs. On August 1, 2013, the
Presidents of the United States and Yemen issued a joint statement in which the
latter affirmed his intention “to establish an extremist rehabilitation program
[which] could also facilitate the transfer of Yemeni detainees held at
Guantanamo.” 352 This rehabilitation program is reportedly being developed with
the assistance of the United Nations. 353
293. U.S. Government officials have indicated that the administration would not
necessarily wait until a rehabilitation program has been set up to start transferring
349
350
351
352
353
The New York Times, The Guantanamo Docket.
Final Report, Guantanamo Review Task Force, January 22, 2010, p. 18.
The decision is available at: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1254-873
The White House, Joint Statement by the United States and Yemen, August 1, 2013. Available at:
http://www.whitehouse.gov/the-press-Aoffice/2013/08/01/joint-statement-united-states-and-yemen
See,
The
Yemenis
at
Guantanamo,
March
30,
2014.
Available
at:
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/03/salim_hamdan_and_the_yemeni_p
risoners_who_can_t_leave_the_prison_at_guant.html; and The New York Times, Panel Recommends
Transferring
Yemeni
From
Guantanamo,
January
9,
2014.
Available
at:
http://www.nytimes.com/2014/01/10/us/panel-recommends-transferring-yemeni-from-guantanamo.html
Inter-American Commission on Human Rights | IACHR
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