Faiz Mohammed Ahmed Al Kandari

Fayiz Muhammed Ahmed Al Kandari

Faez Mohammed Ahmed al-Kandari's official Guantanamo identity portrait, showing him wearing the white uniform issued to "compliant" captives.
Born (1975-06-03) June 3, 1975
Kuwait City
Detained at Guantanamo
ISN 552
Charge(s) Charged October 2008, charges dropped
Status Released on 2016-01-08

Fayiz Mohammed Ahmed Al Kandari is a Kuwaiti citizen who was held in extrajudicial detention in the United States' Guantanamo Bay detainment camp in Cuba, from 2002 to 2016.[1] He has never been charged with war crimes.[2]

The US Department of Defense reports he was born on June 3, 1975 in Kuwait City.[3]

Kandari was transferred to Kuwait on January 8, 2016.[4]

Combatant Status Review

His Combatant Status Review Tribunal accused him of the following: "The detainee (Al Kandari) recruited personnel to participate in jihad in Afghanistan … traveled into Afghanistan and received weapons training at the Khaldan training camp. Osama bin Laden personally provided religious instruction and trainee (sic) at this camp."[5] Al Kandari has always denied the accusations and said: "I looked at all the unclassified accusations; I was laughing so hard." and "All this happened in a period of three months … I ask, 'Are these accusations against Faiz or against Superman?' It seems to me that whoever wrote these accusations he must (have) been drinking and he must have been drunk when he wrote it."

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[6]

Hearsay evidence

Lawyers for two Guantanamo detainees organized a study entitled, No-hearing hearings, which cited Al Kandari as an example of a detainee for whom all the evidence against him was "hearsay evidence".[7][8]

The study quoted the Tribunal's legal advisor:[7]

"Indeed, the evidence considered persuasive by the Tribunal is

made up almost entirely of hearsay evidence recorded by unidentified individuals with no first hand knowledge of the events they describe."

The study commented:[7]

"Outside of the CSRT process, this type of evidence is more commonly referred to as 'rumor'."

Comment from his lawyer Lieutenant Colonel Barry D. Wingard

Lieutenant Colonel Barry Wingard lead attorney from the Office of Military Commissions, published an article about citing hearsey evidence against his client.[9] Lieutenant Colonel Wingard said "Vague charges made it difficult to defend his client after he was assigned in October to represent a Kuwaiti named Fayiz al-Kandari". In trying to prepare his case, Lieutenant Colonel Wingard said:

"There simply is no evidence other than he is a Muslim in Afghanistan at the wrong time, other than double and triple hearsay statements, something i have never seen as justification for incarceration, let alone eight years."[9]

Alleged mistreatment while in detention

Lieutenant Colonel Barry Wingard and Fayiz Mohammed Ahmed al Kandari, pertaining to the harsh treatment and enhanced interrogation techniques that Fayiz was continually subjected to. The abuse included sleep deprivation, physical abuse, being placed in stress position, sexual humiliation, and the use of extreme temperature, loud music and dogs.[10][11]

Ask about the alleged mistreatment his mother who has not seen her son for 10 years his mother said:

"What do I feel? You know a mother's heart. I cry all the time and I never sleep at night."

In November 2011 Wingard expressed as well outrage over a propaganda video that the DOD had published.

"My first thought was that there is no way the United States government sank so low as to show my client to the world, caged like a circus animal."[12]

Speaking while on a hunger strike in protest against his indefinite detention, Faiz said:

"Respect us or kill us. It is your choice. The US must take off its mask and kill us."

Habeas Corpus

In a recently conducted interview with TPMmuckraker, Mr. David Cynamon—a lawyer for four Kuwaiti Gitmo detainees who are bringing habeas corpus claims against the government.[13]

"The Department of Justice has been doing everything in its power to delay and obstruct these cases," said Cynamon

Cynamon's clients were picked up in the Afghanistan-Pakistan region in the period after the 2001 U.S invasion of Afghanistan.

"They're not doing anything to move the case along, and doing everything to avoid it."

Asked whether he had observed a shift of any kind in the government's approach since the Obama administration came into office, Cynamon flatly replied

"None whatsoever."

In even more Habeas Corpus news, a Federal Judge in Washington is on a tear against alleged bad lawyering by the Justice Department.[14]

In a stinging order issued today, Judge Colleen Kollar-Kotelly refused to reconsider an earlier and similarly scathing order requiring the Justice Department to replace the government's attorney responding to challenges several Kuwaiti men have brought to their imprisonment at Guantanamo Bay. How mad was the judge? Her salvo Monday uses the words "shockingly revisionist," "flippant" and "disingenuous" to describe the government's handling of the litigation.

"The responsibility lies with the higher ups in the Justice Department who have been pursuing a very aggressive and very successful strategy of delay for months"

attorney Matthew Maclean said.

"The Supreme Court said in June of last year we were entitled to prompt habeas corpus review. ... Last month, ... for the first time in seven years, [the prisoners] were allowed to see the accusations against them."

US v. Al Kandari

On 22 October 2008 the Office of Military Commissions filed charges against Al Kandari.[15][16]

Joint Review Task Force

On January 21, 2009, the day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo.[17][18][19][20] That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request.[21] Faiz Mohammed Ahmed Al Kandari was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama said those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board.

Periodic Review Board

The first review wasn't convened until November 20, 2013.[22] Al Kandari's review was convened on June 12, 2014. Its recommendation that he should be released was made public on July 14, 2014.

Renewed repatriation negotiations

In July 2013 Cynammon said the Obama administration was renewing repatriation negotiations after "years of radio silence".[23]

In May 2015, Sheikh Mohammad Al-Khaled Al-Hamad Al-Sabah, Kuwaiti Minister of Interior, and Deputy Prime Minister traveled to Washington DC to renew Kuwait's interest in al Kandari's release.[24]

References

  1. ↑ OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29.
  2. ↑ "The Guantanamo Docket - Faiz Mohammed Ahmed al Kandari". Projects.nytimes.com. Retrieved 2014-06-20.
  3. ↑ Fayiz Muhammad Ahmad Jamal Muhammad Al Kandari, The Daily Telegraph, April 27, 2011
  4. ↑ https://www.washingtonpost.com/news/checkpoint/wp/2016/01/08/pentagon-repatriates-last-kuwaiti-prisoner-at-guantanamo-bay/
  5. ↑ Jenifer Fenton (August 16, 2011). "Ten years on, Kuwaiti inmates fear indefinite Guantanamo detention". CNN. p. 2. Retrieved 2011-08-18.
  6. 1 2 3 4 5 6 7 8 9 10 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Retrieved 2010-02-16. mirror
  7. 1 2 3 Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings" (PDF). Seton Hall University School of Law. p. 17. Retrieved April 2, 2007.
  8. ↑ "Gitmo detainees denied witnesses: Lawyer calls legal proceedings 'shams,'". MSNBC. November 17, 2006. Archived from the original on 2009-09-13. Retrieved 2007-04-02. The analysis of transcripts and records by two lawyers for Guantanamo detainees...
  9. 1 2 Lillian Thomas (May 10, 2009). "Military attorneys risk careers to criticize practices at Guantanamo". Pittsburgh Post-Gazette. p. 1. Retrieved 2009-05-10.
  10. ↑ Barry Wingard (2009-07-01). "No Justice Today At Guantanamo". Washington Post. Retrieved 2009-07-01.
  11. ↑ Jenifer Fenton. "Kuwaiti families in legal limbo at Guantanamo - Features". Al Jazeera English. Retrieved 2014-06-20.
  12. ↑ "Outrage Over Pentagon's Guantanamo "Propaganda" Video". Truth-out.org. Retrieved 2014-06-20.
  13. ↑ Zachary Roth (2009-04-10). "Not Just State Secrets: Obama Continuing Bush's Stonewalling On Gitmo Cases, Lawyer Claims". TPMMuckraker. p. 1. Retrieved 2009-04-10. In the interview Mr. Cynamon said that the Justice Department has been consistently dragging its heels in the case, denying detainees their basic due process rights and furthering what he called the "abandonment of the rule of law."
  14. ↑ Josh Gerstein (2009-04-06). "Judge riled at DOJ in Gitmo case". Politico.com. p. 1. Retrieved 2009-04-06.
  15. ↑ "Kuwaiti Guantanamo detainee charges dropped". GulfNews.com. 2012-06-30. Retrieved 2014-06-20.
  16. ↑ Carol Rosenberg (2008-10-22). "Pentagon accuses 2 Kuwaitis of war crimes". Miami Herald. Archived from the original on October 23, 2008. Retrieved 2008-10-22. mirror
  17. ↑ Andy Worthington (2012-10-25). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?". Retrieved 2015-02-19. I have already discussed at length the profound injustice of holding Shawali Khan and Abdul Ghani, in articles here and here, and noted how their cases discredit America, as Khan, against whom no evidence of wrongdoing exists, nevertheless had his habeas corpus petition denied, and Ghani, a thoroughly insignificant scrap metal merchant, was put forward for a trial by military commission — a war crimes trial — under President Bush.
  18. ↑ Andy Worthington (June 11, 2010). "Does Obama Really Know or Care About Who Is at Guantánamo?". Archived from the original on 2010-06-16. Retrieved July 21, 2010.
  19. ↑ Peter Finn (January 22, 2010). "Justice task force recommends about 50 Guantanamo detainees be held indefinitely". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010.
  20. ↑ Peter Finn (May 29, 2010). "Most Guantanamo detainees low-level fighters, task force report says". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010.
  21. ↑ "71 Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013". Joint Review Task Force. 2013-04-09. Archived from the original on 2015-05-19. Retrieved 2015-05-18.
  22. ↑ "Periodic Review Secretariat: Review Information". Periodic Review Secretariat. Archived from the original on 2016-04-15.
  23. ↑ "Obama pledge to transfer Guantanamo Bay detainees sparks diplomatic maneuvering for detainees". Fox News. 2013-07-13. Archived from the original on 2013-07-13. Retrieved 2013-07-13. Cynamon said that's even though the Kuwaiti government built a rehabilitation center for former Guantanamo detainees at the request of Bush administration officials, after another former detainee carried out a suicide bombing that killed at least seven people in Iraq. The center, a section of the Kuwaiti central prison designed for medical and psychological treatment and religious counseling to ensure the detainees will peacefully reintegrate into society, has not been used.
  24. ↑ "Kuwait Re-Affirms Keenness on Releasing Last Kuwaiti Detainee from Guantanamo". Qatar News Agency. 2015-05-14. Archived from the original on 2015-05-14. Sheikh Mohammad Al-Sabah, who met the joint committee for follow-up on the detainees' issue in Guantanamo in Washington last night, said in a statement to (KUNA) News Agency that the Emir of Kuwait devotes utmost concern for this case, personally following up on its developments and outcome of talks between Kuwaiti and US authorities in this respect.

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