Federal Court Halts Guantánamo Convict’s Transfer to Iraq Prison

Federal Judge Blocks Transfer of Disabled Guantánamo Prisoner to Iraq

A federal judge issued a temporary injunction on Saturday, halting the U.S. government’s planned transfer of a disabled prisoner from Guantánamo Bay, Cuba, to Iraq. This ruling comes in response to concerns raised by the prisoner about the potential for abuse and inadequate health care he might face upon his transfer.

The detainee, Abd al-Hadi al-Iraqi, who is 63 years old, is currently the oldest of the 15 remaining prisoners held in Guantánamo. Al-Iraqi suffers from a debilitating spine disease, which has necessitated six surgeries. He is serving a sentence for war crimes and had been scheduled to complete his sentence in a prison facility in Baghdad, Iraq.

On January 3, al-Iraqi—who prefers to be identified by his birth name, Nashwan al-Tamir—filed a lawsuit against the government. Through this legal action, he sought to put a stop to his impending transfer, contending that it would violate his rights to humane treatment. U.S. government records show that al-Iraqi has been detained under the alias “Hadi the Iraqi.”

Judge Emmet G. Sullivan of the Federal District Court in Washington, D.C., issued the order late Saturday, stating that the government is “hereby enjoined from transferring Mr. al-Tamir to Iraq without his consent until the pending claims are resolved.” The rationale behind the judge’s injunction is currently detailed in a sealed 61-page memorandum, which is not publicly available.

This judicial order was issued just two days before U.S. military forces could have covertly transported al-Iraqi to Iraq. The Department of Defense had previously issued a classified notice to Congress on December 13, announcing that they would proceed with al-Iraqi’s transfer within a 30-day period.

As a result of this order, al-Iraqi is left with no exit from the offshore prison until the court resolves the broader issue of whether the prison facility in Iraq possesses adequate health care and whether it would pose a danger to him specifically.

Efforts to transfer al-Iraqi to Iraq were part of a broader strategy by the Biden administration, aimed at facilitating the release of detainees during its final days in office. In the past few weeks, the Pentagon has successfully repatriated two Malaysian convicts, deployed 11 Yemeni detainees to a rehabilitation program in Oman, and arranged transfers of detainees to Tunisia and Kenya—a significant movement reflecting a commitment to reduce the Guantánamo population.

Currently, there are only 15 detainees left at Guantánamo, marking the lowest number since the facility’s inception in January 2002, when it housed 20 prisoners taken from Afghanistan.

What makes al-Iraqi’s case particularly complex is that unlike recent detainees who willingly accepted their repatriation, he has actively resisted his transfer to Iraq. Al-Iraqi fled Iraq in 1990 to escape conscription into Saddam Hussein’s army and subsequently settled in Afghanistan. There, he became a key military figure, commanding Taliban and Al-Qaeda troops during the U.S. invasion and later during the subsequent war in Afghanistan.

In 2022, al-Iraqi pleaded guilty to war crimes in a U.S. military tribunal, accepting responsibility for the actions of his subordinates in a plea deal that extended his sentence to 2032 but also included provisions for potential medical relocation to a more appropriate facility.

Al-Iraqi’s legal team argues that the State Department is violating the terms of his plea agreement by insisting on a transfer to a facility in Iraq that allegedly lacks adequate medical care, exacerbating his precarious health situation, and jeopardizing his safety.

The transfers of detainees from Guantánamo are managed by the State Department, which arranges necessary security assurances from the receiving countries to ensure the detainees are monitored post-transfer. However, specific legislation prevents detainees from being sent to nations deemed too unstable for effective oversight, including Afghanistan, Syria, Yemen, and Somalia. International law adds another layer, prohibiting transfers to any country where former prisoners might face human rights violations.

Al-Iraqi was born in Mosul, Iraq, in 1961, and served in the Iraqi military during the Gulf War with Iran in the 1980s. He was captured in Turkey in 2006 and initially held by the CIA before being transferred to U.S. military custody in 2007. His legal journey began with charges in 2014, culminating in a guilty plea in 2022. During his time at Guantánamo, al-Iraqi’s health has deteriorated significantly, requiring adaptations to his prison environment to accommodate his disabilities.

As the legal proceedings unfold, al-Iraqi’s future remains uncertain, with the court’s decision pending on whether he will be sent to Iraq for the remainder of his sentence or whether an alternative solution can be found for his continuing detention.