Fawzi al-Odah 37 left Guantanamo Bay for Kuwait on Wednesday morning. It
is 13 years since he left Kuwait to do humanitarian work and teach in
Afghanistan. US authorities claimed originally that he had been
associated with Al Qaeda and the Taliban.
Al-Odah
has always denied the charges and he was cleared by a Periodic Review
Board (PRB) hearing back in July. The full decision can be viewed
here.
The Review Board decided that they could not be confident in the
testimony of other detainees which was the basis for the earlier
decisions.
When he arrives in Kuwait Al-Odah will be under observation in a
military hospital for a week and he will also be transferred to a
rehabilitation center for a year of rehabilitation. However, if he is
regarded as having made progress after six months he will be able to
work and be with his family during the day and return to the facility at
night. Al-Odah's father is a businessman and a retired colonel in the
Kuwaiti Air Force.
Even after his release Al-Odah will be monitored for
another three years. His internet use will be under surveillance as well
as his social networking and financial activity. Alsol, he must
surrender his passport and will not be allowed to travel outside Kuwait.
These restrictions seem completely unfair and unjust given that Al-Odah
was never tried and convicted of anything.
In legal documents,
Al-Odah claims that he was handed over to
Pakistani authorities on November 8 2001 as he tried to leave
Afghanistan through the mountainous Tora Bora area when the US began
their campaign against the Taliban. The documents claim that he was the
victim of the practice of some local warlords and security forces who
handed over Arabs to claim a bounty offered by the US. When he arrived
in Guantanamo he wrote a letter to his parents assuring them that the
Americans were looking at his case and he would soon be cleared and
return to Kuwait. He ended up staying in Guantanamo well over a decade.
Of twelve Kuwaitis held in Guantanamo only one remains, Fayiz
al-Kandari, in spite of attempts by the Kuwaiti government to have him
released as well. There are still
79 of the 148 prisoners who remain in Guantanamo cleared for transfer but still not released.
The release of Al-Odah is the
first release of
any prisoners since May 31 when Obama transferred five Afghan Taliban
prisoners to Qatar in exchange for Sgt. Bowe Bergdahl who had been held
as a prisoner of war by an affiliate of the Taliban.
The new release
came just after Republicans took control of the US Senate. Republicans
do not want Guantanamo closed and are adamant that no Guantanamo
detainees be sent to the US. Republican incumbent senator Pat Roberts
campaigned on a pledge that he would not allow any Guantanamo detainees
to be sent to the US military prison at Fort Leavenworth.
Eric Lewis, Al-Odah's attorney claims that his client does not hold
any ill will against the US in spite of his long incarceration. He
simply wants to get on with his life now. Al-Odah's father constantly
campaigned for his release and brought his case before the US Supreme
Court.
The release of Al-Odah does not mean that Guantanamo will now close
especially since the control of Senate by the Republicans will make it
more difficult to obtain the consent of Congress for moves toward
closing Guantanamo.
However,
this article
argues that there was really no prospect of Obama closing Guantanamo
even before the Republicans gained control of Senate. Congress has
already placed many restrictions on the transfer of detainees. The most
likely effect of the new political situation is more noise about the
subject with the Republicans threatening even more restrictions. The
Republicans can't force Obama to bring new prisoners to Guantanamo nor
even to try them in military commissions but then Obama cannot close
Guantanamo either unless he tries to do so using his executive
authority.
The author of the article claims:
I
don’t think this is a serious prospect. I can’t imagine that Obama will
want to provoke a nuclear confrontation with the Congress (including
many Democrats) over this. While I do think there will be showdown
issues over the next two years that pit the Congress against the
President, I don’t believe this will be one of them. Put Guantanamo and
detention in the category of bark but no bite.
Obama is likely to finish his term with one of his first campaign
promises unrealized but he can always blame this on Republican
obstructionism.