Guantánamo Bay Detainee Sues to Stop Transfer to Iraqi Prison
TL/DR –
A former Iraqi insurgent leader, Abd al-Hadi al-Iraqi, who is currently held at Guantánamo Bay, has filed a lawsuit to stop his transfer to an Iraqi prison, arguing he could face abuse and inadequate medical care. Hadi, who pleaded guilty to war crimes in Afghanistan, is the oldest and most disabled prisoner at Guantánamo Bay due to a paralyzing spine disease and multiple surgeries. His legal team argues that conditions in Iraqi prisons are harsh and life-threatening, and that his transfer would violate U.S. obligations under international and constitutional law not to send someone to a country where they might be subject to abuse.
Iraqi Guantánamo Detainee Seeks to Halt Transfer to Iraq
An Iraqi man, Abd al-Hadi al-Iraqi, who admitted leading insurgents responsible for war crimes in Afghanistan, has sued the U.S. government to prevent his transfer from Guantánamo Bay prison to an Iraqi prison. The lawsuit, filed on behalf of al-Hadi al-Iraqi, aims to halt discussions around his transfer to Iraq, where he and his legal team fear he may endure abuse and inadequate medical care.
Al-Hadi al-Iraqi, also known as Nashwan al-Tamir, is the oldest and most physically disabled prisoner at Guantánamo Bay due to a debilitating spine disease and multiple surgeries. In 2022, he pleaded guilty to war crimes charges and conceded accountability for his forces’ actions. His sentencing included the potential to serve in a country where he could receive better medical care.
His legal team argues that the U.S. government’s intent to house him at the Karkh prison in Iraq could jeopardize his safety and health. His attorneys also point out the “myriad problems with Iraq’s prison system” and question the prison’s ability to provide al-Tamir with the medical care he requires.
The lawsuit is part of a broader effort by the Biden administration to reduce the detainee population at Guantánamo Bay before President-elect Donald J. Trump assumes office. Legal representatives emphasize that unlike other detainees, al-Tamir opposes the proposed transfer to his home country.
While it remains unclear when the Pentagon plans to send al-Tamir to Iraq, the Defense Department informed Congress of the plan on Dec. 13. If the administration follows the statutory notice period of 30 days, he could be moved from Guantánamo in the week of Jan. 12.
Al-Tamir’s lawyers cite a 2023 State Department report on human rights abuses in Iraq, emphasizing the dire prison conditions. They call for a temporary prohibition on his transfer until the case is fully argued.
Despite his birth in Mosul, Iraq, al-Tamir fled to Afghanistan in 1990 to evade conscription into Saddam Hussein’s army. During the U.S. invasion, al-Tamir’s forces reportedly used civilians as a shield in attacks that claimed the lives of 17 U.S. and coalition forces in Afghanistan.
Scott Roehm of the Center for Victims of Torture claims that senior State Department officials had previously determined that transferring al-Tamir to an Iraqi prison would violate the prohibition on torture. He insists that if the government reverses its stance, it should publicly disclose its reasons.
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