The Pentagon announced Dec. 30 that the US has repatriated Guantánamo prisoner Ridah bin Saleh al-Yazidi to Tunisia after more than two decades in detention. Al-Yazidi, identified as ISN-038, was transferred to Tunisia 11 months after Secretary of Defense Lloyd Austin informed Congress on Jan. 31, 2024 about the agreement reached for his return. His transfer followed a thorough interagency review process mandated by Executive Order 13492, issued in 2009. Of the 12 Tunisians who were detained at Guantánamo over the years, al-Yazidi, 59, was the only one still held there, with the others having been transferred to Tunisia or to third countries.

After being captured near the Afghanistan-Pakistan border following the Sept. 11, 2001 attacks, al-Yazidi was assigned Internment Serial Number 38, and became one of the first detainees held at Guantánamo when the facility opened in 2002. According to a 2007 assessment by the Joint Task Force Guantánamo (JTF-GTMO), he was considered a representative of al-Qaeda in Tunisia. Additionally, al-Yazidi fought in Bosnia and maintained extensive connections with high-ranking members of al-Qaeda, such as Osama bin Laden. The assessment described him as a high-risk detainee. However, these assessments were repeatedly called into question by national security and intelligence agencies, as well as federal courts in his habeas corpus petitions, due to their reliance on claims from other detainees, some of whom may have provided information under coercion or to curry favor.

In 2005, al-Yazidi was sentenced in absentia by a military court in Tunisia under the country's 2003 Anti-Terrorism Law for his suppose involvement with a terrorist organization. The court issued a 20-year prison term, along with additional years of administrative surveillance and the revocation of his civil rights. Since his transfer to Guantánamo on Jan. 11, 2002, al-Yazidi has been regarded as one of the most dangerous prisoners, known for his hostility toward prison guards. Under former president Barack Obama's administration, al-Yazidi was placed on a list of detainees who could not be prosecuted, making him eligible for release. However, his repatriation to Tunisia remained unresolved for years, as the security situation there was deemed unsuitable for his return. Despite this, al-Yazidi consistently refused to be transferred to any other country.

The Defense Department's news release stated that 26 detainees remain at Guantánamo Bay, with 14 cleared for transfer, three for review, seven before military commissions, and two convicted.

From JURIST, Jan. 1. Used with permission.

Note: In the nearly 23 years the Guantánamo detention center has been operating, a total of 780 prisoners have been held there. Nine men have died at the facility, and the two convicts being held there are among a total of eight detainees convicted by military tribunals, with four of those convictions later overturned. (Reprieve, NYT)