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5 stranded at Guantanamo under Trump

Certified by the Obama administration to be able to leave, they missed their chance

By Missy Ryan and Julie Tate, The Washington Post
Published: January 22, 2017, 9:09pm
2 Photos
Protesters with Witness Against Torture rally Jan. 11 in front of the Russell Senate Office Building in Washington, marking the 15th anniversary of the first Afghan prisoners' arriving at the Guantanamo Bay detention center and calling for the closing of the prison.
Protesters with Witness Against Torture rally Jan. 11 in front of the Russell Senate Office Building in Washington, marking the 15th anniversary of the first Afghan prisoners' arriving at the Guantanamo Bay detention center and calling for the closing of the prison. (Molly Riley/Associated Press) Photo Gallery

Donald Trump’s inauguration on Friday elated and enraged Americans, as both supporters and detractors looked ahead to the changes the Republican leader’s presidency will bring. For a small group of foreign detainees locked in the military prison at Guantanamo Bay, Cuba, the start of the Trump era has a different sort of meaning: a narrowly missed chance for freedom.

The five men — an Algerian, a Moroccan, a Tunisian, a Yemeni, and an apparently stateless detainee — were all certified by Obama administration officials as eligible for resettlement overseas. But they did not form part of a final flurry of transfer deals sealed by the departing Obama administration. Now, as Trump declares that no additional prisoners should leave Guant?namo, it appears their long detentions may continue for at least another four years.

Trump assumes responsibility for a much more sparsely populated Guant?namo than former president Barack Obama did eight years ago. Following Obama’s resettlement of 196 prisoners overseas, only 41 inmates remain today, far fewer than the prison’s peak of over 700 under President George W. Bush. But Obama failed to accomplish his primary goal of shuttering the facility, unable to overcome political opposition to congressionally sanctioned steps, and unwilling to resort to executive action to make such a controversial move.

Trump, in contrast, has suggested he might put new prisoners in Guant?namo, and possibly use the facility to try Americans. In line with his administration’s day-one promise to defeat “radical Islamic terror groups,” Trump, like Republicans in Congress, believes prisoner resettlement undermines American security.

Like nearly all remaining prisoners, none of the five men now expected to be marooned at Guant?namo has been convicted of a crime.

Two of the men, an Algerian named Sufyian Barhoumi and Moroccan Abdul Latif Nasir, now face indefinite detention after the defeat of an 11th-hour court action aimed at securing their release.

Attorneys for the men, who were not included in a final set of notifications officials submitted to Congress regarding upcoming transfers. say their repatriation did not come together for reasons unrelated to their backgrounds or security profiles. The legal teams requested that judges waive steps required before transfers can take place, including a 30-day congressional notice period, to allow the men to be moved before Trump took office.

Earlier this week, judges denied those requests.

According to prisoner profiles made public by WikiLeaks, Barhoumi, the Algerian, is believed to have lived in Europe before being arrested in Pakistan in 2002. The 43-year-old has been held at Guant?namo since June of that year. Nasir, 51, was captured in Afghanistan in late 2001 and held at an American detention center there before being brought to Guant?namo in May 2002.

Thomas A. Durkin, who represented Nasir, said that Morocco had complied with U.S. requirements regarding security guarantees for transferred prisoners.

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