Department of Research, Strategic Studies and Global News31-12-2024

In a significant development, the United States has repatriated Ridah bin Saleh al-Yazidi, a Tunisian man held at the Guantanamo Bay detention center since its establishment in 2002. Al-Yazidi’s release marks the fourth transfer in two weeks, underscoring the outgoing Biden administration’s efforts to reduce the prison’s population as part of its broader strategy to address the legacy of the controversial facility.

Ridah bin Saleh al-Yazidi, 59, was among the first detainees sent to the infamous military prison on January 11, 2002. His detention lasted over two decades, during which he was never formally charged with a crime. The Pentagon confirmed his release on Monday, explaining that the decision to transfer him back to Tunisia followed a thorough interagency review process.

“On January 31, 2024, Secretary of Defense Lloyd Austin informed Congress of his intention to facilitate this repatriation. In coordination with our Tunisian partners, we fulfilled all requirements to ensure a responsible transfer,” read the statement from the Department of Defense.

Al-Yazidi’s case had lingered despite his eligibility for release being determined more than ten years ago. Delays arose from an inability to secure an agreement with Tunisia to facilitate his return. The process was finally concluded, paving the way for him to rejoin his home country after decades of confinement.

Captured in the Shadow of War

Al-Yazidi was apprehended by Pakistani forces in December 2001 near Afghanistan’s border, suspected of being an al-Qaeda fighter, as reported by The New York Times. Despite these suspicions, he was never formally charged or brought to trial. Like many others at Guantanamo Bay, al-Yazidi was swept up during the U.S. “war on terror” in the aftermath of the September 11, 2001, attacks.

Guantanamo Bay, located on a U.S. military base in Cuba, was established to detain individuals captured in this global counterterrorism campaign. The facility became notorious for operating outside traditional legal frameworks, relying on military commissions that often failed to guarantee rights comparable to those provided by U.S. courts.

Declining Population, Lingering Challenges

When President Joe Biden assumed office in 2020, Guantanamo Bay housed 40 detainees. Following al-Yazidi’s release, 26 remain. Of those, 14 have been approved for transfer, while the statuses of others vary: three are awaiting periodic review, seven are involved in military commission proceedings, and two have been convicted and sentenced.

Although al-Yazidi’s repatriation represents progress, the challenges of emptying the detention center persist. Inmates cleared for release often endure prolonged confinement as the U.S. negotiates with other nations willing to accept them. Some governments are reluctant to take detainees due to political, legal, or security concerns, leaving cleared prisoners in a legal and bureaucratic limbo.

Guantanamo Bay once held nearly 800 detainees, many of whom were initially subjected to harsh interrogations in clandestine CIA facilities, commonly referred to as “black sites.” These practices, labeled as “enhanced interrogation techniques,” were authorized during the administration of former President George W. Bush and drew widespread condemnation for violating human rights and international law.

The prison quickly became a global symbol of U.S. misconduct in its counterterrorism efforts. While President Barack Obama pledged to close the facility during his tenure, he faced insurmountable legal and political hurdles. Biden’s administration has pursued a more subdued but consistent approach, steadily reducing the detainee population as part of a broader goal to end the prison’s operations.

Hope Amidst Uncertainty

Al-Yazidi’s release sheds light on the broader challenges of balancing national security with human rights and justice. While his return to Tunisia may signify a step forward, it also raises questions about the fate of those who remain at Guantanamo and the lasting scars of a facility that has come to embody the complexities of modern warfare and diplomacy.

As the Biden administration approaches the end of its term, the clock ticks on its efforts to resolve the lingering issues surrounding Guantanamo Bay, leaving a mixed legacy for the future to contend with.