Zahir Hamdoun: Periodic Review (PRB) Proceedings Historic Case

At a Glance

Date Filed: 

September 2015

Current Status 

Hamdoun’s PRB hearing took place on December 8, 2015, and the board approved him for transfer in January 2016. He was transferred to the United Arab Emirates on August 13, 2016.

Client(s) 

Case Description 

Zahir Hamdoun’s Periodic Review Board (PRB) proceedings are part of an administrative process the Obama administration established to review the cases of those Guantánamo detainees it has neither already approved for transfer nor intends to charge, in order to determine whether continued detention is necessary.

Zahir Hamdoun, a Yemeni citizen born in 1979 in Hadramout, Yemen, had been held without charge in Guantanamo for more than fourteen years. The fifth of eight children, Mr. Hamdoun grew up in a tight-knit, loving family. After graduating at the top of his high school class, he traveled to Afghanistan in 1999 to engage in dawah, the teaching of Islam, for six months while awaiting a college scholarship. Unable to return as planned amid turmoil in Afghanistan and Yemen, Mr. Hamdoun fled Afghanistan at the outset of the U.S. war and was seized months later in Karachi, Pakistan. During interrogations in Pakistan, he made statements under duress that he later recanted but that were relied upon by the U.S. government to justify his detention. He was transferred to the U.S. prison in Kandahar, Afghanistan, and then to Guantanamo in 2002, where he was detained without charge until his transfer to the United Arab Emirates on August 13, 2016.

The Obama administration designated dozens of men for indefinite detention in 2009 and promised to provide periodic reviews of their status beginning in 2011. Mr. Hamdoun’s turn for review by the administration’s Periodic Review Board came four years later, in December 2015. The Board approved him for transfer in January 2016. Despite spending more than a third of his life in Guantanamo, he continued to imagine a future beyond Guantanamo, using his time there to take classes in Life Skills, Art, English, Spanish, and Mathematics and to envision a new beginning. He looks forward to rebuilding his life.

Case Timeline

August 13, 2016
Mr. Hamdoun is transferred to the United Arab Emirates
August 13, 2016
Mr. Hamdoun is transferred to the United Arab Emirates
January 12, 2016
Periodic Review Board approves Mr. Hamdoun for transfer
January 12, 2016
Periodic Review Board approves Mr. Hamdoun for transfer
The board noted Mr. Hamdoun's "credible desire to start a new life," as well as the ability and willingness of his family and advocates to support his reintegration. The board recommended that he be transferred "preferably to an Arabic-speaking country with access to integration assistance."
December 8, 2015
Mr. Hamdoun appears before Periodic Review Board assisted by CCR attorneys
December 8, 2015
Mr. Hamdoun appears before Periodic Review Board assisted by CCR attorneys
Mr. Hamdoun's attorney submits a public statement to the Board.
September 2015
Obama administration notifies Mr. Hamdoun of his upcoming Periodic Review Board hearing
September 2015
Obama administration notifies Mr. Hamdoun of his upcoming Periodic Review Board hearing
March 2011
President Obama issues executive order creating Periodic Review Board
March 2011
President Obama issues executive order creating Periodic Review Board

President Obama issues Executive Order 13567, creating a Periodic Review Board to review the status of detainees designated for indefinite detention. While the executive order specifies that the initial review of all eligible detainees will take place within a year, the board is inoperative for over two years. It is only after a mass hunger strike breaks out at the prison in 2013 that the administration commences reviews (and resumes transfers of cleared detainees).

January 2010
Guantanamo Review Task Force designates Mr. Hamdoun for indefinite detention
January 2010
Guantanamo Review Task Force designates Mr. Hamdoun for indefinite detention

The Guantanamo Review Task Force, established by President Obama to review the status of all detainees held in Guantanamo at the time he took office, produces its final report in January 2010, approving the majority of detainees for transfer, referring a minority for prosecution, and designating 48 men, including Mr. Hamdoun, to a nebulous middle category of detainees it does not intend to charge but deems “too dangerous to release.” The government refuses to disclose the names of men in this category until it is compelled to in June 2013, in response to a FOIA lawsuit by the Miami Herald.

2005
Mr. Hamdoun files habeas corpus petition in U.S. District Court for the District of Columbia
2005
Mr. Hamdoun files habeas corpus petition in U.S. District Court for the District of Columbia

Mr. Hamdoun's case, like all Guantanamo detainee cases, is ultimately stayed over his objection until the Supreme Court’s decision in June 2008 in Boumediene v. Bush, which reaffirms detainees’ right to habeas. Mr. Hamdoun ultimately withdraws his petition after rulings in the D.C. Circuit Court make it effectively impossible for detainees to prevail.

2002
Mr. Hamdoun is transferred to Guantanamo
2002
Mr. Hamdoun is transferred to Guantanamo
Mr. Hamdoun had been seized in Karachi, Pakistan, and held for several months in Kandahar, Afghanistan.