In brief
A 63-year-old Guantánamo detainee, Abd al-Hadi al-Iraqi, is suing to prevent his transfer to an Iraqi prison due to fears of mistreatment and lack of necessary medical care.
An Iraqi man, Abd al-Hadi al-Iraqi, who admitted to leading insurgents in war crimes during the Afghan conflict, has initiated legal proceedings in a U.S. federal court aimed at stopping his imminent transfer from the Guantánamo Bay military prison to a facility in Iraq. The legal action, filed by his attorneys on Friday, sheds light on ongoing discussions regarding his potential move, which he and his legal representatives argue could expose him to maltreatment and insufficient medical care. Al-Iraqi, also known by his claimed name, Nashwan al-Tamir, is currently the oldest inmate at Guantánamo and faces significant health challenges due to a debilitating spinal condition, having undergone multiple surgeries. He entered a guilty plea to war crime charges in 2022, whereby he accepted responsibility for various acts committed by forces under his supervision. His plea bargain designated a projected release date in 2032 and included the option of serving his sentence in a country capable of providing adequate medical treatment.Under the U.S. administration's plan, the Iraqi government is set to house al-Iraqi at the Karkh prison located near Baghdad, which historically served as a detention center for U.S. armed forces. In the filing, his lawyers contended that the risks associated with his transfer to an Iraqi prison are pronounced, indicating that following his conviction, he would be particularly vulnerable within the flawed Iraqi penal system. They asserted that the Iraqi government lacks the resources to cater to his complex health needs, exacerbated during his time in Guantánamo.This lawsuit is part of an overarching strategy by the Biden administration aimed at diminishing the number of detainees at Guantánamo, especially before the swearing-in of President-elect Donald J. Trump. Over the past month, four other detainees, who similarly pleaded guilty to war crimes, have been returned to their home countries without opposition to their transfers, unlike al-Iraqi.
