Last updated on January 13, 2025
The Iraqi prisoner had sued the Biden administration, saying he would be at risk for abuse at a prison in his homeland.
By Albart Emerson | Jan 13, 2025 at 12:01 a.m. ET Updated | U.S. NEWS
In a significant legal decision, a federal court has halted the transfer of Nashwan al-Tamir, a Guantánamo Bay detainee and Iraqi national, to a prison in his home country. The ruling comes after al-Tamir sued the Biden administration, arguing that the transfer would expose him to potential abuse and inhumane treatment in Iraq.
Background on Nashwan al-Tamir
Al-Tamir, also known as Abd al-Hadi al-Iraqi, has been held at the Guantánamo Bay detention facility since his capture in 2006. He was accused of being a senior al-Qaeda operative and pleaded guilty in 2022 to charges of war crimes, including commanding attacks against U.S. and allied forces in Afghanistan. He is one of the oldest detainees at the facility and suffers from severe health issues, including a degenerative spinal condition.
Legal Arguments Against the Transfer
Al-Tamir’s legal team filed a lawsuit to block the transfer, citing concerns about his safety if sent to Iraq. The attorneys invoked the international principle of non-refoulement, which prohibits the transfer of individuals to countries where they may face torture or cruel, inhuman, or degrading treatment.
They argued that Iraq’s prison system, known for its poor conditions and history of human rights violations, would not ensure al-Tamir’s safety or provide the medical care he requires.
Court’s Decision
The federal court sided with al-Tamir, granting an injunction that temporarily blocks the transfer. The court emphasized the credible risk of abuse al-Tamir might face in Iraqi custody and the Biden administration’s obligation to uphold international human rights standards.
The judge ruled that the administration must pause all transfer plans until the court fully evaluates the legal and humanitarian implications of the move.
Human Rights Concerns
Rights organizations have lauded the court’s decision, highlighting Iraq’s history of mistreatment of prisoners, particularly those accused of terrorism. Advocates argue that transferring al-Tamir without guarantees of his safety and medical care would violate international human rights laws and U.S. legal commitments.
“This ruling is a critical reminder that human rights must remain a priority, even in the most challenging legal and political circumstances,” said a spokesperson for Human Rights Watch.
U.S. Government’s Position
The Biden administration has not publicly commented on the court’s ruling. However, the administration has been working to reduce the detainee population at Guantánamo Bay, as part of broader efforts to close the controversial facility. Al-Tamir’s transfer was viewed as part of this initiative.
Implications of the Ruling
The decision highlights the complexities involved in addressing the remaining Guantánamo detainees, particularly those who cannot be safely repatriated. It also underscores the challenges of balancing national security considerations with human rights obligations.
What’s Next
The court is expected to hold further hearings to determine the legality and feasibility of transferring al-Tamir to Iraq or any other country. Until then, he will remain at Guantánamo Bay, where he continues to receive medical treatment.
The case has reignited debates over the future of Guantánamo Bay and the ethical responsibilities of the U.S. in managing detainees with ongoing risks.
