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Iraqi War Criminal Seeks Legal Battle Against Transfer to Iraqi Prison

An inmate at Guantánamo Bay files suit to prevent U.S. from sending him to a potentially abusive prison environment in Iraq.

By Carol RosenbergSource: nytimes.com1 min read

In brief

Abd al-Hadi al-Iraqi has launched a legal fight to halt his transfer from Guantánamo Bay to Iraq, raising concerns over mistreatment and lack of proper medical care.

The article text follows:An Iraqi man who pleaded guilty to overseeing insurgents involved in war crimes in Afghanistan has initiated a lawsuit in federal court to block his impending transfer from the U.S. military facility at Guantánamo Bay, Cuba, to a prison in Iraq. The court submission, made by his legal representatives, brings to light discussions that have been ongoing regarding transferring Abd al-Hadi al-Iraqi, 63, into the custody of the Iraqi government, despite his and his lawyers' apprehensions about possible abuse and insufficient healthcare.Known as Nashwan al-Tamir, Mr. Hadi is the most senior and disabled detainee at the military facility, suffering from a debilitating spinal condition and having undergone six surgical procedures there. In 2022, he accepted a plea deal for war crimes, which allowed him to acknowledge his role in the crimes committed by troops he commanded in exchange for a sentence ending in 2032, with the potential of serving his time in a country that could provide adequate medical services.According to his attorneys, the U.S. intends to transfer him to Karkh prison, located just outside Baghdad, which was formerly known as the site of Camp Cropper, a U.S. detention facility that housed numerous inmates prior to its return to Iraq in 2010. Legal counsel for Mr. al-Tamir asserted, “Given his conviction here and numerous issues surrounding Iraq’s prison system, it is unsafe for him to be held in an Iraqi correctional facility.” They also highlighted concerns regarding the Iraqi government's ability to ensure appropriate medical treatment for ailments exacerbated during his detention at Guantánamo.The legal action aims to stop a transfer scheme that forms part of the Biden administration's efforts to decrease the number of detainees at Guantánamo before President-elect Donald J. Trump assumes office. Recently, four detainees—including two Malaysian nationals with similar war crimes convictions as Mr. Hadi—were returned to their home countries, with none of them contesting their transfers.

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