Developments relating to continued detentions at Guantanamo Bay.

• Author: Crook, John R.

There were continuing developments involving U.S. detentions at the U.S. naval base at Guantanamo Bay, Cuba.

Fifth Defendant Charged. In December, the Department of Defense announced the filing of charges, including counts of conspiracy and of providing material support for terrorism, against Ahmed Muhammed Haza al Darbi, a Saudi national. (1) Al Darbi, described by the Defense Department as the brother-in-law of September 11 hijacker Khalid al Minhdbar, is the fifth person charged under the 2006 Military Commissions Act. He allegedly attended and worked at an Al Qaeda training camp, and traveled to various locations in Pakistan and the Persian Gulf while preparing a plot to bomb a ship. Al Darbi reportedly has denied being a member of Al Qaeda or participating in terrorist activities. (2)

Additional Transfers of Detainees. The United States is continuing efforts to reduce the detainee population at Guantanamo Bay through transfers to other countries. At least 50 persons were transferred between late September and December. In late September, the Defense Department announced the transfer of a detainee to Mauritania, (3) and the next day announced transfers of six to Afghanistan and of one each to Libya and] Yemen. (4) In early November, eleven more individuals were transferred, eight to Afghanistan and three to Jordan. (5) Later that month, fourteen detainees were sent to Saudi Arabia. In mid-December, thirteen were transferred to Afghanistan and two to Sudan. (7) A few days later, three went to the United Kingdom. Following this release, "there are approximately 285 detainees currently at Guantanamo," and approximately 490 have been released or transferred to other countries. (8)

Efforts to reduce the detainee population continue to encounter resistance from countries that are not prepared to receive detainees. In November, Denmark's foreign minister said that Denmark would not agree to U.S. requests that it take one or more detainees, because they might be security risks. (9)

Chief Prosecutor Resigns, Citing Disagreements over Open Trials; Senior Military Defense Counsel Also Retiring. In October, Colonel Morris Davis, the chief prosecutor in the military commission proceedings at Guantanamo Bay, resigned from his position. In subsequent interviews, Davis criticized a new supervisory structure that places military commissions under the control of politically appointed civilians, rather than military officers. He described conflicts with...