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Guantanamo Review of Abu Zubaydah After Two Decades of Detention

By Drooid · · How we work

Review Hearing Highlights

A hearing was held to assess the continued detention of Abu Zubaydah, a 55-year-old Palestinian born in Saudi Arabia who has been held at the U.S. military prison in Guantanamo Bay for roughly 20 years without charges. The proceeding, lasting about 20 minutes, was streamed in an unclassified portion for reporters at Fort Meade, Maryland. Detainees are not permitted to speak; Zubaydah sat silently beside his attorneys and a government-assigned representative.

Legal and Procedural Background

Zubaydah was captured in Pakistan in 2002 and transferred to Guantanamo in 2006. His case is being examined by the Periodic Review Board, a panel of senior defense, intelligence and homeland-security officials created under the Obama administration to determine whether prisoners can be released without posing a security threat. The panel issued no immediate ruling. A chief military prosecutor for the U.S. Military Commissions— which oversees the remaining 15 Guantanamo detainees—has stated it is unlikely Zubaydah will ever face charges; the Office of Military Commissions declined further comment.

Health Impact and Torture Record

Medical and legal filings describe Zubaydah as “greatly injured,” noting loss of his left eye, impaired English writing ability and frequent word-recall difficulties. Senate reports and European Court of Human Rights findings document that he was water-boarded more than 80 times in a single month, confined for over 11 days in a coffin-size box, and held at CIA black sites in Poland and Lithuania. In 2022 the Supreme Court dismissed his lawsuit seeking testimony from former CIA contractors, citing state-secret concerns.

Official Positions and Prospects for Transfer

Attorney Annika Conrad, representing Zubaydah, argues that he poses no security threat, has rejected extremist views, and is prepared to accept continuous monitoring if transferred. She emphasizes his family support and desire to live peacefully. The same legal team cites the chief prosecutor’s assessment as a “major change in circumstances” that warrants clearance for transfer.

Broader Implications

The review underscores ongoing debates over the legal status of long-term Guantanamo detainees and the United States’ obligations under international human-rights standards. A recent confidential settlement in which the British government agreed to pay a substantial sum to resolve claims of U.K. intelligence complicity highlights the transnational dimensions of the CIA’s early-post-9/11 interrogation program. The outcome of Zubaydah’s review could set precedent for future determinations of whether similarly detained individuals should be released, transferred, or continue to be held without charge.