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Moath Hamza Ahmed al-Alwi is a citizen of
Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
who was held in
extrajudicial Extrajudicial punishment is a punishment for an alleged crime or offense which is carried out without legal process or supervision by a court or tribunal through a legal proceeding. Politically motivated Extrajudicial punishment is often a fe ...
detention in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
Guantanamo Bay detainment camps, in
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
. His detainee ID number was 28. Guantanamo analysts estimated he was born in 1977, in Al Hudaydah, Yemen. Al-Alwi arrived at Guantanamo on January 17, 2002, and was held at Guantanamo for 23 years. In January 2010, the
Guantanamo Review Task Force The Guantanamo Review Task Force was created by Executive Order 13492 issued by President of the United States Barack Obama on January 22, 2009, his second full day in office. United States Attorney General Eric Holder announced Matthew G. Olsen ...
recommended he should be classed as a " forever prisoner", one who has not committed a crime but is too dangerous to release. In his 2015
Periodic Review Board The Periodic Review Boards administrate a US ''"administrative procedure"'' for recommending whether certain individuals held in the Guantanamo Bay detention camps, in Cuba are safe to release or transfer, or whether they should continue to be held ...
hearing, intelligence analysts no longer alleged that he was one of Osama bin Laden's bodyguards, now claiming that he "had spent time" with some of those bodyguards. Al-Alwi's petitions for release have been rejected by the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
, the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
, and the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. Al-Alwi was a long-term Guantanamo hunger striker, who has described his
force-feeding Force-feeding is the practice of feeding a human or animal against their will. The term ''gavage'' (, , ) refers to supplying a substance by means of a small plastic feeding tube passed through the nose (nasogastric tube, nasogastric) or mouth (o ...
as "an endless horror story." In March 2015, he weighed just 98 pounds.


Detention

In the week after the
September 11 attacks The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
, Congress enacted the
Authorization for Use of Military Force of 2001 The Authorization for Use of Military Force (AUMF; , ) is a joint resolution of the United States Congress which became law on September 18, 2001, authorizing the use of the United States Armed Forces against those responsible for the September ...
, which empowered the President to wage war against those "he determines planned, authorized, committed, or aided the terrorist attacks." In November 2001, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
issued the
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism On November 13, 2001 U.S. President George W. Bush issued a military order titled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.al-Qaeda , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
members and supporters of the
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
. Al-Alwi was captured in
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
during
Operation Enduring Freedom Operation Enduring Freedom (OEF) was the official name used by the U.S. government for both the first stage (2001–2014) of the War in Afghanistan (2001–2021) and the larger-scale Global War on Terrorism. On 7 October 2001, in response ...
and transferred to the
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
in January 2002.


Office for the Administrative Review of Detained Enemy Combatants

In ''
Rasul v. Bush ''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corp ...
'' (2004), the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
found that Guantanamo detainees were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them. Following the Supreme Court's ruling, the
Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
set up the Office for the Administrative Review of Detained Enemy Combatants. Scholars at the
Brookings Institution The Brookings Institution, often stylized as Brookings, is an American think tank that conducts research and education in the social sciences, primarily in economics (and tax policy), metropolitan policy, governance, foreign policy, global econo ...
, led by
Benjamin Wittes Benjamin Wittes (born November 5, 1969) is an American legal journalist. He is editor in chief of '' Lawfare'' and senior fellow in governance studies at The Brookings Institution, where he is the research director in public law, and co-director ...
, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations, with al-Alwi listed as one of those: * who "The military alleges ... are associated with both Al Qaeda and the Taliban." * who "The military alleges ... traveled to Afghanistan for jihad." * who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses." * who "The military alleges ... took military or terrorist training in Afghanistan." * who "The military alleges ... fought for the Taliban." * who "The military alleges ... were at Tora Bora." * whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities." * who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency." * who "The military alleges ... served on Osama Bin Laden's security detail." * was an "al Qaeda operative". * who was one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military's allegations against them."


Habeas corpus petitions

Al-Alwi first petitioned the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
for a writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
in 2005, arguing he was not an
enemy combatant Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of t ...
. The court did not consider the petition until after the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
in '' Boumediene v. Bush'' (2008) determined that Guantanamo prisoners had a constitutional right to bring such petitions. On December 30, 2008, District Court Judge Richard J. Leon denied Al Alawi's petition. In a separate ruling, the court also found that Hisham Sliti, "were part of or supported the Taliban", and thus could continue to be held in US custody. The ''
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' called the two rulings: "the first clear-cut victories for the Bush administration", while Andy Worthington noted they represented a "disturbing development". Glaberson reported that Leon stated he did not have to take a position on the Bush administration's claim Al Alawi was an Osama bin Laden bodyguard, that there was enough evidence he had supported the Taliban to confirm his designation as an "enemy combatant". In July 2011, a unanimous panel of the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
affirmed, in an opinion by Circuit Judge
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
which concluded al-Alwi was in fact an enemy combatant lawfully detained under the 2001 AMUF. In December 2014, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
announced the withdrawal of U.S. troops from Afghanistan. Al-Alwi then filed a new petition for habeas corpus, arguing that the government's authority to detain him “unraveled” when President Obama declared an end to hostilities. In February 2017, District Judge Leon again denied al-Alwi's petition, finding that hostilities were nevertheless ongoing. In August 2018, a unanimous panel of the D.C. Circuit again affirmed, in an opinion by Circuit Judge Karen LeCraft Henderson. She reasoned that the 2001 AUMF had not expired, that the
National Defense Authorization Act for Fiscal Year 2012 The National Defense Authorization Act (NDAA) for Fiscal Year 2012112th Congress, 1st Session, H1540CR.HSE"National Defense Authorization Act for Fiscal Year 2012."/ref> () is a United States federal law which, among other things, specified the bu ...
had further authorized detentions, and that the international
law of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
permitted detention of enemy combatants as long as "active combat" continued. Al-Alwi then petitioned for a writ of
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
from the Supreme Court. In June 2019, the Court denied that petition, with Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
including a statement arguing that the Court should at some point consider the constitutionality of continued detentions in a later "appropriate case".


Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization
WikiLeaks WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
published formerly secret assessments drafted by
Joint Task Force Guantanamo Joint Task Force Guantanamo (JTF-GTMO) is a U.S. military joint task force based at Guantanamo Bay Naval Base, Guantánamo Bay, Cuba on the southeastern end of the base. JTF-GTMO falls under US Southern Command. Since January 2002 the command ...
analysts. A thirteen-page Joint Task Force Guantanamo detainee assessment was drafted for him on March 14, 2008. It was signed by camp commandant
Rear Admiral Rear admiral is a flag officer rank used by English-speaking navies. In most European navies, the equivalent rank is called counter admiral. Rear admiral is usually immediately senior to commodore and immediately below vice admiral. It is ...
Mark H. Buzby, who recommended continued detention.


Joint Review Task Force

When he assumed office in January 2009
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
made a number of promises about the future of Guantanamo. He promised the use of torture would cease at the camp. He promised to institute a new review system. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act (United States) of 1966 * F ...
request. Al-Alwi was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama promised that those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a
Periodic Review Board The Periodic Review Boards administrate a US ''"administrative procedure"'' for recommending whether certain individuals held in the Guantanamo Bay detention camps, in Cuba are safe to release or transfer, or whether they should continue to be held ...
. Al-Alwi was approved for transfer on December 27, 2021. Analysts still continued to assert that he was one of the "dirty thirty", a group of thirty individuals, captured together while fleeing to Pakistan, who analysts maintained were all Osama bin Laden bodyguards.


Periodic Review

Al-Alwi's
Guantanamo Review Task Force The Guantanamo Review Task Force was created by Executive Order 13492 issued by President of the United States Barack Obama on January 22, 2009, his second full day in office. United States Attorney General Eric Holder announced Matthew G. Olsen ...
had concurred with earlier review boards, and recommended he be classed as too dangerous to release, although there was no evidence to justify charging him with a crime. Carol Rosenberg, of the ''
Miami Herald The ''Miami Herald'' is an American daily newspaper owned by McClatchy, The McClatchy Company and headquartered in Miami-Dade County, Florida. Founded in 1903, it is the fifth-largest newspaper in Florida, serving Miami-Dade, Broward County, Fl ...
'', wrote that the recommendation from his
Periodic Review Board The Periodic Review Boards administrate a US ''"administrative procedure"'' for recommending whether certain individuals held in the Guantanamo Bay detention camps, in Cuba are safe to release or transfer, or whether they should continue to be held ...
concluded that he was "probably not" one of Osama bin Laden's bodyguards, but that he seemed to have "spent time with" them.


Medical condition

As of 2015, al-Alwi is recognized as one of the camp's long-term
hunger strikers In politics, humanitarian aid, and the social sciences, hunger is defined as a condition in which a person does not have the physical or financial capability to eat sufficient food to meet basic nutritional needs for a sustained period. In the ...
. Camp authorities published the weight records from the first four years. Those records show al-Alwi's weight being recorded 53 times. His weight was only recorded twice during the camp's first well-known hunger strikes, in 2005, where his weight dropped to 117 and 118 pounds. But a hunger-strike he began in 2013 has left him weighing less than 100 pounds. Al-Alwi described his hunger strike as a form of peaceful protest. In 2013, a new warden was appointed to the camp,
Colonel Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th, and 19th centuries, a colon ...
John Bogdan. Under his administration, guards fired upon the captives for the first time. Al-Alwi was one of the captives guards shot. He described being shot with rubber coated steel bullets in April 2013. Robert Durand, a camp spokesman, asserted guards were provoked, and that they only fired "four less than lethal rounds". Al-Alwi described being fired upon without warning when he and other men were preparing for communal prayers. According to al-Alwi's account, he was hit by more than four munitions. According to al-Alwi, his wounds were either inadequately treated, or not treated at all.


Artworks

In the late 2010s, al-Alwi began making artworks from materials available to him in the prison. The sculptures that result, mainly in the form of model ships and boats, were made from scrap plastic, fabric and wood. In 2017 several of his sculptures were displayed as part of an exhibition at the City University of New York Law School School of Law.


Release

Al-Alwi and 10 other detainees were transferred to
Oman Oman, officially the Sultanate of Oman, is a country located on the southeastern coast of the Arabian Peninsula in West Asia and the Middle East. It shares land borders with Saudi Arabia, the United Arab Emirates, and Yemen. Oman’s coastline ...
on January 6, 2025.


References


External links


Guantanamo Docket entry
from ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''
2018 Supreme Court case page
from
SCOTUSblog ''SCOTUSblog'' is a law blog written by lawyers, legal scholars, and law students about the Supreme Court of the United States (sometimes abbreviation, abbreviated "SCOTUS"). Formerly sponsored by Bloomberg Law and now owned by ''The Dispatch'' ...
{{DEFAULTSORT:Alawi, Moath Hamza Ahmed Living people 1977 births Detainees of the Guantanamo Bay detention camp Yemeni extrajudicial prisoners of the United States