Mohammed Abdul Malik Bajabu | |
---|---|
Born | [1] [2] Kisumu, Kenya [3] | November 11, 1973
Arrested | February 2007 Kenya unknown |
Citizenship | Kenya |
Detained at | Guantanamo |
Other name(s) | Wahab Mohamed Abdulmalik, Abdul Malik |
ISN | 10026 |
Charge(s) | No charge |
Status | Released |
Mohammed Abdul Malik Bajabu (born November 11, 1973) is a citizen of Kenya who was held in administrative detention in the United States' Guantanamo Bay detention camps, in Cuba. [4] [5] [6] [7] [8] [9] [10] [11] [12] Abdul Malik was captured in February 2007, on suspicion of leading a terrorist bomb-plot in Mombasa. He was transferred to Guantanamo on 26 March 2007. Abdul Malik is a confirmed member of the East Africa al-Qaeda network as well as a confirmed member of the Council of Islamic Courts and the Islamic Part of Kenya. He "actively participated" in the facilitation of weapons and the planning of terrorist acts against the U.S., according to the Joint Task Force (JTF) at Guantanamo Bay. He was recommended for continued detention under the Department of Defense's control. The JTF gave Abdul Malik a high risk threat against the United States' interests and allies. He has no reports of disciplinary infractions as of May 22, 2007, granting him a low detention risk value. Abdul Malik does, however, have a high intelligence value.[ citation needed ]
According to Kenya's Daily Nation Abdul Malik was a protégé of Harun Fazul, described as "...the most wanted terror suspect in the region." [5]
According to Kenya's Daily Nation: [5]
Sources say Mr Abdulmalik gave useful information to the police before he turned hostile, prompting his transfer to the high security prison at Guantanamo Bay.
According to a British Broadcasting Corporation report from 4 May 2007, Abdul Malik confessed, under interrogation, to a role in the 2002 bombing of the Paradise Hotel in Mombasa. [8] [13] According to the BBC report, Abdul Malik had been transferred to Guantanamo a month earlier.
On 23 April 2008 attorneys working on behalf of Salim Ahmed Hamdan requested permission to meet with Abdul Malik and Mustafa al-Hawsawi. [14] Hamdan's attorneys had previously requested permission to get the "high-value detainees" to answer written questions, which would confirm that if Hamdan played a role in al Qaeda it had been a peripheral one. Abdul Malik and Mustafa al-Hawsawi declined to answer the questions, because they said they had no way to know that the questions purporting to be from Hamdan's attorneys was not a ruse. Andrea J. Prasow requested permission for Lieutenant Commander Brian Mizer to meet in person with the two men to try to assure them that the questions were not a ruse, and would not be shared with their interrogators.
Abdul Malik has not had a Combatant Status Review Tribunal convened to confirm or refute whether he should be classed as an "enemy combatant". [15] In an interview with the East Africa Standard Abdul Malik's lawyer Clara Gutteridge described the difficulties Reprieve had first with meeting with him, and later to get their notes released after a security check. They were told that the meeting, and the release of notes, were not permitted until a captive had their Combatant Status Review Tribunal. But Guantanamo authorities failed to schedule his Combatant Status Review Tribunal
In her interview Gutteridge speculated that the reason Abdul Malik Mohamed never had a Combatant Status Review Tribunal scheduled is that the USA had no evidence to justify his detention. [15] She said he had been transferred to camp 4, the camp for the most privilege, most compliant captives, two months after his arrival in Guantanamo, and that FBI interrogators had told him they did not believe he belonged in Guantanamo, and there was an order in Washington for his release.
Gutteridge said Reprieve successfully litigated to get access to Abdul Malik Mohamed in early 2008, but their notes had not been cleared, and they had not been allowed to talk about them until early October 2008. [15]
Gutteridge said that when Reprieve finally got access to Abdul Malik he informed them that he had been abused both when he was in Kenyan custody, and later in American custody. [15] He informed them that he had been held in Bagram and Kabul, prior to his transfer to Guantanamo.
The BBC reported on December 11, 2009 Abdul Malik's family is suing the Kenyan government over its role in his detention in Guantanamo. [16] The BBC reports that his family have an affidavit from Kenyan police stating that they have no reason to suspect that he has any ties to terrorism. His first hearing is scheduled for 14 January 2010.
The Associated Press reports that he has had a Combatant Status Review Tribunal, but that the United States Department of Defense has refused to make public a transcript as it has for all of the other captives. [17] According to the Associated Press DoD spokesman Major Tanya Bradsher asserted that the transcript from his CSR Tribunal remained classified.
The Associated Press quoted Cori Crider, of the human rights organization Reprieve, which has helped with his defense. [17] Crider claimed that the allegations against him were all based on confession coerced through torture. Crider claimed that Kenyan interrogators had threatened to castrate him if he did not confess to the allegations leveled against him.
Kenyan law allows the police to hold suspects for 14 days, before they lay a charge. [18] The lawsuit filed on Abdul Malik's behalf says police held him for longer than the 14 days the law allows, from February 13, 2007 to February 27, 2007, in addition to subjecting him to abusive interrogation techniques, and not letting him consult legal advice. Kenyan Police officials assert that he was held for less than 14 days, and that he was released—that they did not hand him over to US officials.
According to The Standard Kenyan Justice Minister Mutula Kilonzo "broke silence" and requested the United States to repatriate Abdul Malik in December 2009. [19]
In April 2010, Reuters and the Associated Press reported that the Kenyan Foreign Ministry had written to Abdul Malik's lawyers, informing them that they had initiated the process of getting him repatriated. [20] [21]
When he assumed office in January 2009, President Barack Obama made a number of promises about the future of Guantanamo. [22] [23] [24] 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 insufficient admissible evidence to justify criminal charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request. [25]
Abdul Malik was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. On March 7, 2011, President Obama created the Periodic Review Board to fulfill his promise that the status of these individuals would be reviewed. Abdul Malik was approved for transfer on December 27, 2021. [26]
Abdul Malik was transferred to Kenya on December 17, 2024. [27]
Mustafa Ahmed Adam al-Hawsawi is a Saudi Arabian citizen. He is alleged to have acted as a key financial facilitator for the September 11 attacks in the United States.
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.
Salim Ahmed Salim Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.
Salah Abdul Rasool Al Blooshi is a Bahraini, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.
Sabir Mahfouz Lahmar is a Bosnian citizen, who won his habeas corpus petition in United States federal court after being held for eight years and eight months in the military Guantanamo Bay detainment camps, in Cuba.
Mohammed Nechle is a Bosnian citizen who was wrongly held for almost seven years as an "enemy combatant" in the United States's Guantanamo Bay detention camps, in Cuba.
Jabir Jubran Al Fayfi is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantánamo Bay detention camp, in Cuba on allegations he trained and fought with al-Qaeda and the Taliban in Afghanistan in 2001.
Abd al Razaq Abdallah Hamid Ibrahim al Sharikh is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.
Abdul Haq Wasiq is the Director of Intelligence of the Islamic Emirate of Afghanistan since September 7, 2021. He was previously the Deputy Minister of Intelligence in the former Taliban government (1996–2001). He was held in extrajudicial detention in the Guantanamo Bay detainment camps, in Cuba, from 2002 to 2014. His Guantanamo Internment Serial Number was 4. American intelligence analysts estimate that he was born in 1971 in Ghazni Province, Afghanistan.
Ali Abdul Motalib Awayd Hassan Al Tayeea is a citizen of Iraq who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 111. The Department of Defense reports that Al Tayeea was born in Baghdad, Iraq. The Department of Defense provided a birthday, or an estimated year of birth, for all but 22 of the 759 detainees. Al Tayeea is one of those 22. He was repatriated on January 17, 2009, after more than seven years without ever been charged.
Mohammed Fenaitel Mohamed Al Daihani is a citizen of Kuwait who was held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba. Al Daihani's Guantanamo Internment Serial Number was 229. Joint Task Force Guantanamo counter-terrorism analysts reports that Al Daihani was born on November 4, 1965, in Kuwait City, Kuwait. Al Dehani was repatriated without charges on November 2, 2005.
Abdul Majid Muhammed is a citizen of Iran who was held in extrajudicial detention in the United States Guantanamo Bay detention camp in Cuba.
Hajji Sahib Rohullah Wakil is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 798. American intelligence analysts estimate he was born in 1962, in Jalalabad, Afghanistan. He has since been transferred from Guantanamo Bay to the American wing of the Pol-e-Charkhi prison in Kabul, Afghanistan. On November 18, 2019, the U.S. Department of the Treasury designated him for supporting activities of the ISIS branch in Afghanistan.
Ibrahim Fauzee is a citizen of the Maldives, who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.
Nasir Maziyad Abdallah Al Qurayshi Al Subii is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 497. American counter-terror analysts estimate he was born in 1983, in Al Arib, Saudi Arabia.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Abdul Latif Nasir is a Moroccan man formerly held in administrative detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 244. Joint Task Force Guantanamo counter-terrorism analysts report he was born on March 4, 1965, in Casablanca, Morocco. Abdul Latif Nasir and Sufyian Barhoumi tried to file emergency requests to be transferred from Guantanamo in the final days of Barack Obama's presidency.
Some Kenyan have ended up captives in the war on terror. The East Africa Standard reported on July 29, 2008, that 19 individuals suspected of ties to al Qaeda apprehended in Kenya in the winter of 2007 were: "removed from police custody by foreign security agents for interrogation."
Kenyan citizen Mohamed Abdulmalik was seized in Mombasa nine years ago, eventually ending up at the US' Guantanamo Bay detention centre, where he is still being held.
One Abdulmalik Mohamed, said to be a Kenyan citizen and suspected of being involved in the bombing of Paradise Hotel in Mombasa, was arrested in Kenya and handed to foreign agents who flew him to Guantanamo Bay, Cuba, after being held in custody in Mombasa and Nairobi.
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: CS1 maint: bot: original URL status unknown (link)US officials say Mr Mohammed had confessed to having taken part in the 2002 attack on an Israeli-owned hotel near Mombasa.
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: CS1 maint: unfit URL (link)Mutula said it was foolhardy for the US Government to speak on reforms and human rights violations yet it continues to have in its custody people like Abdulmalik. He challenged US Ambassador Michael Ranneberger to lead by example.
"The Ministry wishes to inform you that the Minister ... Moses Wetang'ula, has initiated the process of addressing the case of Abdulmalik's repatriation back home," the ministry said in its letter to Mbugua Mureithi and Company Advocates.
Abdulmalik's family maintains that he was held in Kenyan custody without charge longer than Kenyan law allows and was tortured by Kenyan officials. Abdulmalik's family said he told them that U.S. officials later took him from Kenya to the Horn of Africa nation of Djibouti, which hosts a U.S. military base. He told them he was then taken to Afghanistan and from there to Guantanamo Bay, Cuba.
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