Gitmo Detainee Files Lawsuit to Halt U.S. Plan to Send Him to Prison in Iraq

Abdul Hadi al-Iraqi has been held at the U.S. military prison in Guantanamo Bay, Cuba, for over 20 years. Al-Iraqi, who claims his real name is Nashwan al-Tamir, is the oldest and physically weakest prisoner at the military detention center.

Al-Iraqi pleaded guilty to leading rebels who committed war crimes in Afghanistan, and there is a lawsuit in federal court on Friday seeking to block his transfer from the U.S. military prison in Guantanamo Bay, Cuba, to a prison in Iraq. The petition filed by his lawyers reveals ongoing public negotiations regarding the transfer of Abdul Hadi al-Iraqi (63 years old) into the custody of the Iraqi government, despite his and his lawyers’ objections that he may face mistreatment and inadequate medical care. Al-Iraqi, who says his real name is Nashwan al-Tamir, is the oldest and most physically disabled detainee at the naval detention facility due to a spinal injury that left him paralyzed, as well as having undergone six surgeries at the base. He had pleaded guilty in 2022 to war crimes charges and accepted responsibility for the actions of some of the forces under his command, in an agreement to end his sentence by 2032. The agreement included the possibility of serving his sentence in another country that would be more suitable for providing him with medical care. His lawyers stated that the U.S. plan involves transferring him to a prison in al-Karkh, located outside Baghdad, which was previously the site of a U.S. military operation called “Camp Cropper,” where hundreds of prisoners were held in previous years.

The lawyers, in their 27-page brief, stated, “Due to his conviction here and the countless issues within the Iraqi prison system, Mr. al-Tamir cannot be safely housed in an Iraqi prison.” They added, “Furthermore, he does not believe that the Iraqi government can provide the necessary medical care for his condition, which has worsened due to inadequate medical treatment during his time at Guantanamo.” The lawsuit aims to thwart the deal, which is part of the Biden administration’s efforts to reduce the number of detainees at Guantanamo before President-elect Donald Trump takes office. Four detainees were returned home within a month, including two Malaysian men who, like Abdul Hadi, pleaded guilty to war crimes. Unlike Abdul Hadi, none of these four men, including a Tunisian and a Kenyan, objected to being handed over to their home countries. It is unclear when the U.S. Department of Defense plans to transfer Abdul Hadi to Iraq, but the department informed Congress of the plan on December 13. If the U.S. administration adheres to the legal requirement of notifying Congress 30 days in advance, he could be transferred from Guantanamo during the week of January 12, 2025.