The Detention Dilemma

Dig Into the Gitmo Detainee Lawsuits

by Chisun Lee, ProPublica - July 22, 2009

Aug. 12, 2010: This chart has been updated.

This chart contains documents and information about the 53 Guantanamo detainees whose lawsuits seeking freedom have been decided by federal judges. More than 50 similar lawsuits are pending.

Thirty-eight of the men were found to be eligible for release, but one man’s victory was reversed when the government appealed. Sixteen detainees have lost their cases. Of the 37 men now judged to be unlawfully imprisoned, 13 remain in indefinite detention, in some cases while the government appeals the rulings. (Their names are in red.) Each has been held at Guantanamo for seven years or longer. Detainees who’ve lost their cases have appealed all but the most recent decisions, but they still have time to file challenges to those new rulings.

The detainees’ Internment Serial Numbers link to entries in the New York Times’ Guantanamo Docket, which contains records originally considered by the military in deciding to detain these men. (Note: The spellings vary by news outlet. We’ve used the spellings given in the federal court dockets.)

Name Internment Serial No. Nationality Current Age Circumstances of Capture Summary of Allegations Status Reasons for Court's Decision Judge Court Documents
Lakhdar Boumediene 10005 Algeria 43 Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of U.S. military. The government mainly alleged that he'd planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces. Also that he associated with al-Qaida and other suspected terrorists and that he'd worked for an al-Qaida-affiliated organization that provided material support to terrorists. Judge ordered release Nov. 20, 2008. Boumediene was transferred to France May 15, 2009. Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. "[T]he Government relies exclusively on the information contained in a classified document from an unnamed source," wrote the judge. This single piece of evidence "is not sufficient" to prove the legality of detention, he said. Richard Leon
Mohamed Nechla 10003 Born in Algeria, citizen of Bosnia and Herzegovina 41 Same as Boumediene. Similar to Boumediene's case. Judge ordered release Nov. 20, 2008. Nechla was transferred to Bosnia and Herzegovina Dec. 16, 2008. Similar to Boumediene's case. Richard Leon
Hadj Boudella 10006 Born in Algeria, citizen of Bosnia and Herzegovina 44 Same as Boumediene. Similar to Boumediene's case. Judge ordered release Nov. 20, 2008. Boudella was transferred to Bosnia and Herzegovina Dec. 16, 2008. Similar to Boumediene's case. Richard Leon
Belkacem Bensayah 10001 Algeria 47 Same as Boumediene. The government alleged that Bensayah planned to travel to Afghanistan in late 2001 and to fight U.S. and allied forces, and that he was al-Qaida's primary facilitator and financier in Bosnia and Herzegovina. Judge denied release Nov. 20, 2008. Bensayah appealed to the federal appeals court in Washington, D.C., which on June 28, 2010, ordered the trial judge to revisit the case. Although Bensayah's five countrymen were found to be unlawfully detained, the judge said the government had produced "additional evidence that sufficiently corroborates its allegations from [an] unnamed source that Bensayah is an al-Qaida facilitator." Richard Leon
Mustafa Ait Idir 10004 Born in Algeria, citizen of Bosnia and Herzegovina 38 Same as Boumediene. Similar to Boumediene's case. Judge ordered release Nov. 20, 2008. Ait Idir was transferred to Bosnia and Herzegovina Dec. 16, 2008. Similar to Boumediene's case. Richard Leon
Saber Lahmar 10002 Algeria Same as Boumediene. Similar to Boumediene's case. Judge ordered release Nov. 20, 2008. Lahmar was transferred to France on Nov. 30, 2009. Similar to Boumediene's case. Richard Leon
Alla Ali Bin Ali Ahmed

(See his entry in our chart on mistreatment.)		 692 Yemen 26 Captured March 2002 at a guesthouse for Yemenis in Faisalabad, Pakistan. The government alleged that Ali Ahmed had traveled and stayed with al-Qaida and/or Taliban members in Afghanistan, and that he'd fought and trained in Afghanistan. Judge found Ali Ahmed eligible for release May 11, 2009. He was transferred to Yemen on Sept. 26, 2009. Judge concluded that the government had failed to present reliable evidence proving its allegations, and that certain alleged conduct -- such as traveling in the company of terrorists and staying at a suspect guesthouse -- wouldn't be enough to detain Ali Ahmed even if proved. Gladys Kessler
Ghaleb Nassar Al Bihani 128 Born in Saudi Arabia, citizen of Yemen 29-30 Surrendered to the Northern Alliance near the Pakistan-Afghanistan border in or after late November 2001. Was transferred to U.S. custody in June 2002. The government alleged that sometime after May 2001 Al Bihani received military training at an al-Qaida camp in Afghanistan and joined a Taliban military unit that fought against the Northern Alliance, retreating with that unit in late November 2001, after the U.S. and allies began bombing. Judge denied release January 2009. Al Bihani appealed the decision and lost before a three-judge panel. He has asked the entire appeals court to reconsider his case. He remains at Guantanamo. The judge said proof that Al Bihani had served as a cook for the Taliban by itself justified his imprisonment. He said that "faithfully serving in an al-Qaida-affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force is more than sufficient "support" to qualify for indefinite detention. Richard Leon
Hisham Sliti 174 Tunisia 44 Captured in Pakistan in December 2001. The government alleged that in 2000 Sliti traveled from London to Afghanistan on a false passport as an al-Qaida recruit, stayed at an al-Qaida-affiliated guesthouse and mosque, received military training at an al-Qaida camp, and helped start a terrorist organization with ties to al-Qaida. Judge denied release Dec. 30, 2008. Sliti is appealing the decision and remains at Guantanamo. The judge found that, other than for the allegation that Sliti had helped found a terrorist organization, the government had produced evidence sufficient to justify Sliti's indefinite detention. Richard Leon
Mohammed El Gharani 269 Born in Saudi Arabia, citizen of Chad 22 or 23 Arrested by Pakistani authorities and turned over to the United States in early 2002. The government alleged that he'd stayed at an al-Qaida-affiliated guesthouse in Afghanistan, received military training at an al-Qaida camp, served as a courier for al-Qaida members, fought the U.S. and allies at the battle of Tora Bora, and belonged to an al-Qaida cell based in London. Judge found El Gharani eligible for release Jan. 13, 2009. He was transferred to Chad on June 11, 2009. The government's evidence was unreliable, the judge said, because it consisted chiefly of statements by two other detainees -- sometimes contradicting each other -- whose believability was questioned by the government itself. Richard Leon
Moath Hamza Ahmed Al Alwi 28 Yemen 32 or 33 Arrested in Pakistan by Pakistani authorities in late 2001 and transferred to U.S. custody. The government alleged that Al Alwi stayed at guesthouses and received military training at camps closely associated with al-Qaida and the Taliban, that he supported Taliban fighters (including after the U.S. forces arrived in October 2001), and that he served as a bodyguard to Osama bin Laden. Judge denied release Dec. 30, 2008. Al Alwi is appealing the decision and remains at Guantanamo. The judge said that "more than ample evidence" proves Al Alwi stayed at al-Qaida and Taliban guesthouses and trained with and supported the Taliban. This was enough to justify his indefinite detention, even without persuasive evidence that Al Alwi had taken up arms himself against the U.S. or its allies. Since this conduct alone justified his detention, the judge said, there was no need for the court to address the allegations that Al Alwi had been a bin Laden bodyguard and trained with al-Qaida. Richard Leon
Hedi Hammamy 717 Tunisia 41 Arrested in April 2002 in Pakistan by Pakistani authorities and transferred to U.S. custody. The government alleged that Hammamy fought with the Taliban or al-Qaida against the U.S., belonged to an Italian terrorist cell supporting Islamic terrorist groups, attended a terrorist training camp in Afghanistan, and belonged to a Pakistan-based organization too secret for the government to describe. Judge denied release April 4, 2009. Hammamy is appealing the decision and remains at Guantanamo. The judge said that evidence that Hammamy had fought the U.S. and belonged to the Italian terrorist cell justified his detention. The judge didn't address the other allegations. Richard Leon
Yasin Muhammed Basardh 252 Yemen 33 or 34 Arrested near Pakistan-Afghanistan border in early 2002. The government alleged that Basardh trained at an al-Qaida military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. In November, the U.S. Supreme Court without explanation declined to consider his claim that his continuing detention is unconstitutional. The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. "[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed," the judge wrote. Ellen Segal Huvelle
Huzaifa Parhat 320 China (member of Uighur minority) 38 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. The government alleged that Parhat was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaida and the Taliban and engaged in hostilities against the U.S. and allies. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Parhat released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Parhat nevertheless was transferred to Bermuda on June 11, 2009. The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations -- that ETIM was linked to al-Qaida and the Taliban, and that ETIM was hostile to the U.S. -- and that Parhat could not be held as an enemy combatant on "bare assertions." Ricardo Urbina
Abdul Nasser 278 China (member of Uighur minority) 31 or 32 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for transfer November 2005. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Nassar released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Nasser nevertheless was transferred to Bermuda on June 11, 2009. Similar to Parhat's case. Ricardo Urbina
Abdul Sabour 275 China (member of Uighur minority) 29 or 30 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Sabour released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Sabour joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Sabour remains at Guantanamo. Similar to Parhat's case. Ricardo Urbina
Abdul Semet 295 China (member of Uighur minority) 32 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release June 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Semet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Semet nevertheless was transferred to Bermuda on June 11, 2009. Similar to Parhat's case. Ricardo Urbina
Hammad Memet 328 China (member of Uighur minority) 31 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Memet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Memet joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Memet remains at Guantanamo. Similar to Parhat's case. Ricardo Urbina
Jalal Jalaldin 285 China (member of Uighur minority) 30 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Jalaldin released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Jalaldin nevertheless was transferred to Bermuda on June 11, 2009. Similar to Parhat's case. Ricardo Urbina
Khalid Ali 280 China (member of Uighur minority) 32 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Ali released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Ali joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Ali remains at Guantanamo. Similar to Parhat's case. Ricardo Urbina
Sabir Osman 282 China (member of Uighur minority) 35 or 36 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Osman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Osman joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Osman remains at Guantanamo. Similar to Parhat's case. Ricardo Urbina
Edham Mamet 102 China (member of Uighur minority) 34 Captured in Afghanistan in November 2001 Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mamet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mamet asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Bahtiyar Mahnut 277 China (member of Uighur minority) 33 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahnut released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahnut asked the U.S. Supreme Court to reverse the appeals court's decision, but instead the high court sent the case back to the appeals court for a second look. Mahnut was transferred to Switzerland in March 2010. Similar to Parhat's case. Ricardo Urbina
Arkin Mahmud 103 China (member of Uighur minority) 44 or 45 Captured in Afghanistan in November 2001 Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahmud released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahmud joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back for a second look. Mahmud was transferred to Switzerland in March 2010. Similar to Parhat's case. Ricardo Urbina
Abdur Razakah 219 China (member of Uighur minority) Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Razakah released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Razakah joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Razakah remains at Guantanamo. Similar to Parhat's case. Ricardo Urbina
Ahmad Tourson 201 China (member of Uighur minority) 38 Captured in Afghanistan in November 2001 Similar to Parhat's case. Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Tourson released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Tourson asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Abdul Ghappar Abdul Rahman 281 China (member of Uighur minority) 36 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Rahman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Rahman asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Adel Noori 584 China (member of Uighur minority) 29 Captured May 2002. Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Noori released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Noori asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Anwar Hassan 250 China (member of Uighur minority) 34 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Hassan released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Hassan asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Dawut Abdurehim 289 China (member of Uighur minority) 34 Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Similar to Parhat's case. Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Abdurehim released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Abdurehim asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. Similar to Parhat's case. Ricardo Urbina
Abdulrahim Abdul Razak Al Janko (a.k.a. Ginco) 489 Syria 31 Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at an al-Qaida military camp. Judge found Janko eligible for release June 22, 2009. According to the Department of Justice, he has since been transferred to a foreign nation; the department will not identify that nation, or provide the date of transfer. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaida. The evidence showed that he'd been tortured by al-Qaida and imprisoned for 18 months by the Taliban in an infamously "horrific" prison. Richard Leon
Mohammed Jawad

(See his entry in our chart on mistreatment.)		 900 Afghanistan Disputed but no older than 24 Arrested by local officials in Afghanistan in December 2002. The government alleged that on Dec. 17, 2002, Jawad tossed a grenade in Afghanistan that seriously injured two U.S. soldiers and their local interpreter. On July 30, 2009, judge ordered that "beginning on August 21" the government "shall promptly release petitioner Jawad.” He was transferred to Afghanistan on August 24. Technically the judge ordered Jawad released because the government said it would no longer detain him as a wartime enemy. But the government's decision followed a scathing reprimand from the judge for continuing to detain Jawad and prosecute him in a military commission based mostly on a confession obtained by Afghan officials under death threats. Ellen Segal Huvelle
Khalid Abdullah Mishal Al Mutairi 213 Kuwait 34 Captured near Pakistan-Afghanistan border in November 2001. The government alleged that Al Mutairi was a part of al-Qaida or of a force associated with al-Qaida, because, among other claims, he'd attended a training camp believed to be affiliated with al-Qaida. On July 29, 2009, judge ordered the government to "take all necessary and appropriate steps to facilitate Al Mutairi's release forthwith." He was transferred to Kuwait on Oct. 13. The judge concluded that "there is nothing in the record beyond speculation" to prove the government's allegations. Intelligence reports were too imprecise and needed corroborating proof, she said. For instance, "one reference, in a portion of one sentence, in one interrogation report," was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn't clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because "he appears to have been goaded into making these statements." Colleen Kollar-Kotelly
Mohammed Al Adahi 33 Yemen 47-48 Captured by Pakistani authorities near the Afghanistan border in December 2001. The government alleged that Al-Adahi served as an al-Qaida military trainer and fighter and as a bin Laden bodyguard. It claimed that his admitted "close familial ties to prominent members of the jihad community in Afghanistan," in the judge's words -- including to Osama bin Laden himself -- made his alleged enemy acts more likely to be true. Judge on Aug. 17, 2009, declared Al-Adahi to be unlawfully detained and ordered the government to "take all necessary and appropriate diplomatic steps to facilitate Petitioner's release forthwith." But on July 13, 2010, the D.C. federal appeals court overturned the lower court's ruling. Al-Adahi remains at Guantanamo. While Al-Adahi admitted to receiving training for over a week at an al-Qaida military camp, proof that he was expelled for "failing to comply with the rules" showed he was not a member of the enemy's armed forces, the judge concluded. Evidence that he'd trained others amounted to questionable informant testimony. The judge wrote, "It must be emphasized that the Government had no evidence from anyone who claimed to have seen or claimed to have even heard that Al-Adahi was involved in combat activities." Al-Adahi's admission that he'd met bin Laden and that his in-laws might have supported the enemy leader, "sensational and compelling as it may appear," doesn't prove he was an enemy fighter. Gladys Kessler
Fouad Mahmoud Al Rabiah

(See his entry in our chart on mistreatment.)		 551 Kuwait 50 Captured by villagers outside of Jalalabad, Afghanistan, on approximately Dec. 25, 2001. The government alleged that in October 2001 Al Rabiah traveled to Afghanistan as a member of al-Qaida, having previously met with bin Laden, and fought at Tora Bora. Judge ordered release Sept. 17, 2009. Rabiah was transferred to Kuwait on Dec. 9, 2009. The judge found that the evidence against Rabiah consisted "almost exclusively on Rabiah's 'confessions,'" which even Rabiah's interrogators concluded were "not believable." Colleen Kollar-Kotelly
Adham Mohammed Ali Awad

(See his entry in our chart on mistreatment.)		 88 Yemen 27-28 Captured in Afghanistan in November 2001. The government alleged that Awad traveled to Afghanistan to fight, received advanced military training from al-Qaida and participated in fighting against the U.S. Judge denied release Aug. 12, 2009. The detainee appealed and lost, and he remains held at Guantanamo. Although the judge found the case against Awad "gossamer thin," he ruled it was "more likely than not" that Awad was, "for some period of time, 'part of' Al Qaida." James Robertson (now retired)
Fawzi Khalid Abdullah Fahad Al Odah 232 Kuwait 32 Captured by Pakistani border guards in November 2001. The government alleged that Odah admitted firing an AK-47 at a training camp in Afghanistan and carrying an AK-47 through the Tora Bora mountains for ten to 11 days during the U.S. air campaign there. Judge denied release Aug. 24, 2009. Al Odah appealed, but the appeals court affirmed the decision. He remains held at Guantanamo. The judge found that Odah had attended a Taliban training camp, and that "more likely than not," he "became a part of the forces of the Taliban and Al Qaeda." Colleen Kollar-Kotelly
Sufyian Barhoumi 694 Algeria 36 Captured in Pakistan in March 2002. The government alleged that Barhoumi traveled to Afghanistan in 1999 to attend weapons training in several camps, then trained others, and engaged in hostilities against the U.S. Judge denied release Sept. 3, 2009. Barhoumi is appealing the decision and remains held at Guantanamo. According to the significantly redacted transcript of a sealed court hearing, the judge found Barhoumi to be "a fighter against U.S. forces" who should be detained. From Barhoumi’s own statements and those of an informant, the judge concluded that he participated in military training and traveled a route through conflict zones consistent with the government's allegations against him. Rosemary Collyer
Farhi Saeed bin Mohammed

(See his entry in our chart on mistreatment.)		 311 Algeria 49 Captured by Pakistani authorities in late 2001 while attempting to cross the border from Afghanistan to Pakistan. The government alleged that Mohammed traveled, trained and fought on behalf of al-Qaida and/or the Taliban. Judge granted Mohammed’s habeas petition seeking release on Nov. 19, 2009. The detainee sought release to a country other than Algeria, saying that he would be mistreated there because of the stigma from being held at Guantanamo. But the U.S. Supreme Court ruled that he may be repatriated. Mohammed remains at Guantanamo. Judge Kessler rejected statements of another detainee saying Mohammed had trained at an al-Qaida camp, saying those statements were unreliable after years of brutal abuse by foreign captors "at the behest" of the U.S. She did credit proof that Mohammed had been "recruited and traveled via a terrorist pipeline" and stayed at suspect guesthouses. But she said those facts weren't enough to prove he'd joined the enemy's military command structure, which she deemed necessary for lawful detention. She rejected the government's claim that Mohammed participated in battle, saying it "rests only on highly speculative evidence." Gladys Kessler
Musa’ab Al Madhwani

(See his entry in our chart on mistreatment.)		 839 Yemen 29 or 30 Captured by Pakistani police on Sept. 11, 2002. The government alleged that Madwani traveled to Afghanistan to train with al-Qaida, received weapons instruction at an al-Qaida training camp, associated with al-Qaida members after his training and participated in firefight against the U.S.-led coalition. Judge denied release Dec. 14, 2009. Madhwani has appealed the decision and remains held at Guantanamo. The judge rejected the bulk of the government's evidence as unreliable because it was derived from harsh interrogations of the detainee. But he believed other statements Madhwani gave -- during military hearings at Guantanamo and in federal court -- and said they showed Madhwani had received weapons training and belonged to al-Qaida. Thomas F. Hogan
Saeed Mohammed Saleh Hatim

(See his entry in our chart on mistreatment.)		 255 Yemen 33 Captured near the Pakistan-Afghanistan border in 2002. The government alleged that Hatim had trained at an al-Qaida military camp and served under the command of al-Qaida and the Taliban in fighting against the United States. Judge found Hatim eligible for release on Dec. 16, 2009. The government is appealing the decision. Hatim remains at Guantanamo. The judge said the government's sole evidence that Hatim had attended an al-Qaida training camp -- the detainee's own statement -- was "tainted by torture," because Hatim had been abused for six months after being detained by U.S. forces in Afghanistan. He disparaged the government's other evidence, including the statements of another detainee who'd been diagnosed by the military as having severe psychological problems, about Hatim's alleged involvement with terrorist guesthouses and military operations, as incredible or inadequate to prove Hatim was a part of al-Qaida. Ricardo Urbina
Suleiman Awadh Bin Agil Al-Nahdi

(See his entry in our chart on mistreatment.)		 511 Yemen 36 Captured in Afghanistan by foreign authorities, eventually transferred to U.S. custody. The government alleged that Al-Nahdi traveled to Afghanistan as an al-Qaida recruit, received military training and joined al-Qaida forces in battling the U.S. at Tora Bora. Judge denied Al-Nahdi's habeas petition on Feb. 24, 2010. Al-Nahdi is appealing the decision and remains at Guantanamo. Judge Kessler found the government produced sufficient evidence -- including Al-Nahdi's own statements and corroborating evidence -- to prove its allegations were more likely than not to be true. She rejected the detainee's argument that statements he gave at Guantanamo were tainted by his alleged torture while earlier jailed by foreign captors, because he offered no proof and because other circumstances supported the truth of his statements. Gladys Kessler
Fahmi Salem Al-Assani

(See his entry in our chart on mistreatment.)		 554 Yemen 32 Captured in Afghanistan in December 2001. The government alleged that Al-Assani traveled to Afghanistan as an al-Qaida recruit, received military training, served as a bodyguard for bin Laden and joined al-Qaida forces in battling the United States at Tora Bora. Judge denied Al-Assani's habeas petition on Feb. 24, 2010. Al-Assani is appealing the decision and remains at Guantanamo. Al-Assani's own admission that he'd received military training at an al-Qaida camp and served as a foot soldier at Tora Bora persuaded the judge to uphold his detention. He said he'd done these acts unwillingly, but Judge Kessler rejected the argument as incredible and not nearly as relevant as his actions. Al-Assani challenged a fellow detainee's statement against him as unreliable due to torture, but the judge accepted the statement for lack of proof of abuse. Gladys Kessler
Uthman Abdul Rahim Mohammed Uthman

(See his entry in our chart on mistreatment.)		 27 Yemen 30 or 31 Seized by Pakistani authorities in October 2001. The government accused Uthman of being a member of al-Qaida who served as a bodyguard to bin Laden and fought alongside the Taliban at Tora Bora. Judge granted Uthman's habeas petition on Feb. 24, 2010. The government is appealing the decision. Uthman remains held at Guantanamo. Judge Kennedy found the incriminating testimony of other detainees to be unreliable because of torture or vagueness. The government's other evidence proved only that Uthman had traveled a certain route, which was "consistent with the proposition that Uthman was a part of Al Qaeda," but "not proof of that allegation," the judge concluded. Henry Kennedy Jr.
Mukhtar Yahya Najee al Warafi 117 Yemen 35 or 36 Surrendered to the Northern Alliance in December 2001, then transferred to U.S. custody. The government alleged that al Warafi acted as part of the Taliban by medically treating its wounded soldiers. Judge denied detainee's habeas petition on March 24, 2010. The detainee has appealed the decision and remains held at Guantanamo. Judge Lamberth credited the government's evidence, which mainly consisted of the detainee's own interrogation statements, because the statements weren't coerced and because they told a consistent story. He rejected the detainee's denials as inconsistent with his interrogation statements. He also rejected the detainee's argument that, even assuming he'd really treated Taliban soldiers, he should be exempt from detention under the Geneva Convention's exception for medical personnel in war zones. The judge said Congress had specifically legislated in 2006 that detainees couldn't invoke international treaty rights in habeas lawsuits. Royce Lamberth
Mohamedou Ould Salahi (a.k.a. Slahi)

(See his entry in our chart on mistreatment.)		 760 Mauritania 39 Arrested by Mauritanian authorities in Nov. 2001, at United States' request. The government alleged that Slahi recruited three perpetrators of the 9/11 attacks, aided a high-ranking al-Qaida leader who was his cousin and helped develop al-Qaida's telecommunications capacity. Judge granted the detainee's habeas petition on March 22, 2010. The government is appealng the decision. Slahi remains held at Guantanamo. Judge Robertson said the reliable evidence proved only that Slahi had been an al-Qaida supporter in the 1990s, but not that he was not under the command of al-Qaida at the time of his capture in 2001. His family connection with an al-Qaida leader, the judge said, was "something like ...a non-al-Qaida member providing housing to his al-Qaida member son." He acknowledged that much of the government's evidence consisted of statements of Slahi or of other detainees obtained under allegedly coercive conditions, but it's not clear how much if any weight he gave that kind of evidence. James Robertson (now retired)
Yasein Khasem Mohammad Esmail

(See his entry in our chart on mistreatment.)		 522 Afghanistan 30 or 31 Captured in Afghanistan in late 2001. The government alleged that Esmail was a trained al-Qaida fighter who was present at the site of a battle against U.S. forces in Afghanistan. Judge denied the detainee's habeas petition on April 8, 2010. Esmail asked the judge to reconsider, but he declined. Esmail remains held at Guantanamo. The government and the detainee agreed on many key details about the detainee's whereabouts preceding his capture, but disagreed about his motives. The judge found the detainee's story of innocence -- and his allegations of being abusively interrogated -- to be largely incredible. Henry Kennedy Jr.
Omar Mohammed Khalifh

(See his entry in our chart on mistreatment.)		 695 Libya 37 or 38 Captured by Pakistani forces in Jalalabad, Pakistan, in March 2002. The government accused Khalifh of providing training in explosives at al-Qaida military camps in Afghanistan, battling U.S. forces after September 2001 in Afghanistan and in other ways being a long-time member of enemy terrorist groups. Judge denied habeas petition on April 20, 2010. Khalifh is appealing the decision, and he remains held at Guantanamo. The judge concluded that the government had produced sufficient evidence of Khalifh's membership in al-Qaida and an affiliated group and of his role in military training to uphold his detention. He rejected the evidence of Khalifh's participation in battles against U.S. forces, saying it came from possibly coercive interrogations and was uncorroborated. James Robertson (now retired)

ProPublica’s Christopher Flavelle contributed reporting to this chart. Researchers Lisa Schwartz and Sheelagh McNeill also contributed to this database.

Produced by Krista Kjellman Schmidt, ProPublica