In brief
The 63-year-old prisoner, who suffers from severe health issues, argues that his transfer would endanger his well-being and that Iraq’s prison system cannot provide adequate care.
An Iraqi man who has been imprisoned at Guantánamo Bay, Abd al-Hadi al-Iraqi, is currently embroiled in a legal battle against his planned transfer to a prison in Iraq. In a court filing submitted on Friday, he challenges this move primarily on the grounds of potential abuse and inadequate access to necessary medical care.Al-Iraqi, also known as Nashwan al-Tamir, is the oldest and most disabled inmate at the military detention facility due to a serious spine condition and the aftermath of multiple surgeries he has undergone there. At 63, he faces health challenges that his lawyers argue the Iraqi government cannot adequately address. His lawsuit reveals ongoing negotiations about transferring him to Iraqi custody, which he vehemently opposes.In 2022, al-Iraqi accepted a plea deal for war crimes he commanded in Afghanistan, paving the way for his potential transfer to serve his sentence in a location equipped to meet his medical needs. The lawyers contend that the U.S. intends to move him to Karkh prison outside Baghdad, a facility with a tumultuous history as it was previously known for holding detainees.The filing emphasizes the substantial risk to al-Iraqi in being housed within Iraq's dysfunctional prison system due to his conviction and medical vulnerabilities. The lawsuit is also connected to the Biden administration's efforts to reduce the Guantánamo detainee population before the impending inauguration of President-elect Donald J. Trump.In the past month alone, four detainees, including individuals who similarly acknowledged their guilt in war crimes, have been repatriated without objection, unlike al-Iraqi who adamantly seeks to prevent his transfer to Iraq.
