Faiz Mohammed Ahmed Al Kandari

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Fayiz Muhammed Ahmed Al Kandari
File:ISN 00552, Faez Mohammed Ahmed al-Kandari.jpg
Faez Mohammed Ahmed al-Kandari's official Guantanamo identity portrait, showing him wearing the white uniform issued to "compliant" captives.
Born (1975-06-03) June 3, 1975 (age 48)
Kuwait City
Detained at Guantanamo
ISN 552
Charge(s) Charged October 2008, charges dropped
Status Still held in Guantanamo, scheduled for release on 2016-01-09

Fayiz Mohammed Ahmed Al Kandari is a Kuwaiti citizen who has been held in extrajudicial detention in the United States' Guantanamo Bay detainment camp in Cuba, since 2002.[1] He has never been charged with war crimes.[2]

The US Department of Defense reports he was born on June 3, 1975 in Kuwait City.

Al Kandari has been held at Guantanamo for Script error: The function "age_generic" does not exist..[3]

Detention in Bagram

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Combatant Status Review

His Combatant Status Review Tribunal accused him of the following: "The detainee (Al Kandari) recruited personnel to participate in jihad in Afghanistan … traveled into Afghanistan and received weapons training at the Khaldan training camp. Osama bin Laden personally provided religious instruction and trainee (sic) at this camp."[4] Al Kandari has always denied the accusations and said: "I looked at all the unclassified accusations; I was laughing so hard." and "All this happened in a period of three months … I ask, 'Are these accusations against Faiz or against Superman?' It seems to me that whoever wrote these accusations he must (have) been drinking and he must have been drunk when he wrote it."

Hearsay evidence

Lawyers for two Guantanamo detainees organized a study entitled, No-hearing hearings, which cited Al Kandari as an example of a detainee for whom all the evidence against him was "hearsay evidence".[5][6]

The study quoted the Tribunal's legal advisor:[5]

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"Indeed, the evidence considered persuasive by the Tribunal is

made up almost entirely of hearsay evidence recorded by unidentified individuals with no first hand knowledge of the events they describe."

The study commented:[5]

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"Outside of the CSRT process, this type of evidence is more commonly referred to as 'rumor'."

Comment from his lawyer Lieutenant Colonel Barry D. Wingard

Lieutenant Colonel Barry Wingard lead attorney from the Office of Military Commissions, published an article about citing hearsey evidence against his client.[7] Lieutenant Colonel Wingard said "Vague charges made it difficult to defend his client after he was assigned in October to represent a Kuwaiti named Fayiz al-Kandari". In trying to prepare his case, Lieutenant Colonel Wingard said:

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"There simply is no evidence other than he is a Muslim in Afghanistan at the wrong time, other than double and triple hearsay statements, something i have never seen as justification for incarceration, let alone eight years."[7]

Alleged mistreatment while in detention

Lieutenant Colonel Barry Wingard and Fayiz Mohammed Ahmed al Kandari, pertaining to the harsh treatment and enhanced interrogation techniques that Fayiz was continually subjected to. The abuse included sleep deprivation, physical abuse, being placed in stress position, sexual humiliation, and the use of extreme temperature, loud music and dogs.[8][9]

Ask about the alleged mistreatment his mother who has not seen her son for 10 years his mother said:

<templatestyles src="Template:Blockquote/styles.css" />

"What do I feel? You know a mother's heart. I cry all the time and I never sleep at night."

In November 2011 Wingard expressed as well outrage over a propaganda video that the DOD had published. <templatestyles src="Template:Blockquote/styles.css" />

"My first thought was that there is no way the United States government sank so low as to show my client to the world, caged like a circus animal."[10]

Speaking while on a hunger strike in protest against his indefinite detention, Faiz said:

<templatestyles src="Template:Blockquote/styles.css" />

"Respect us or kill us. It is your choice. The US must take off its mask and kill us."

Habeas Corpus

Lua error in package.lua at line 80: module 'strict' not found. In a recently conducted interview with TPMmuckraker, Mr. David Cynamon—a lawyer for four Kuwaiti Gitmo detainees who are bringing habeas corpus claims against the government.[11]

<templatestyles src="Template:Blockquote/styles.css" />

"The Department of Justice has been doing everything in its power to delay and obstruct these cases," said Cynamon

Cynamon's clients were picked up in the Afghanistan-Pakistan region in the period after the 2001 U.S invasion of Afghanistan. <templatestyles src="Template:Blockquote/styles.css" />

"They're not doing anything to move the case along, and doing everything to avoid it."

Asked whether he had observed a shift of any kind in the government's approach since the Obama administration came into office, Cynamon flatly replied <templatestyles src="Template:Blockquote/styles.css" />

"None whatsoever."

In even more Habeas Corpus news, a Federal Judge in Washington is on a tear against alleged bad lawyering by the Justice Department.[12]

In a stinging order issued today, Judge Colleen Kollar-Kotelly refused to reconsider an earlier and similarly scathing order requiring the Justice Department to replace the government's attorney responding to challenges several Kuwaiti men have brought to their imprisonment at Guantanamo Bay. How mad was the judge? Her salvo Monday uses the words "shockingly revisionist," "flippant" and "disingenuous" to describe the government's handling of the litigation. <templatestyles src="Template:Blockquote/styles.css" />

"The responsibility lies with the higher ups in the Justice Department who have been pursuing a very aggressive and very successful strategy of delay for months"

attorney Matthew Maclean said. <templatestyles src="Template:Blockquote/styles.css" />

"The Supreme Court said in June of last year we were entitled to prompt habeas corpus review. ... Last month, ... for the first time in seven years, [the prisoners] were allowed to see the accusations against them."

US v. Al Kandari

Lua error in package.lua at line 80: module 'strict' not found. On 22 October 2008 the Office of Military Commissions filed charges against Al Kandari.[13][14]

Joint Review Task Force

When he assumed office in January 2009 President Barack Obama made a number of promises about the future of Guantanamo.[15][16][17] 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 request.[18] Faiz Mohammed Ahmed Al Kandari was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Although Obama promised that those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board less than a quarter of men have received a review.

Renewed repatriation negotiations

In July 2013 Cynammon said the Obama administration was renewing repatriation negotiations after "years of radio silence".[19]

In May 2015, Sheikh Mohammad Al-Khaled Al-Hamad Al-Sabah, Kuwaiti Minister of Interior, and Deputy Prime Minister traveled to Washington DC to renew Kuwait's interest in al Kandari's release.[20]

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ Fayiz Muhammad Ahmad Jamal Muhammad Al Kandari, The Daily Telegraph, April 27, 2011
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 5.2 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ 7.0 7.1 Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found. [1]
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found. In the interview Mr. Cynamon said that the Justice Department has been consistently dragging its heels in the case, denying detainees their basic due process rights and furthering what he called the "abandonment of the rule of law."
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link] mirror
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.

External links

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