By: Lloyd Mahachi
The recent transfer of Mohammed Abdul Malik Bajabu to Kenya has brought the number of prisoners at Guantanamo Bay down to 29. This move has sparked hope that the detention center may finally be closed, a promise made by former President Barack Obama that was never fulfilled due to legal technicalities and domestic political opposition. The transfer of Bajabu is a significant step towards reducing the detainee population and ultimately closing the facility.
Bajabu’s release was announced by the Pentagon, which stated that Secretary of Defense Lloyd Austin had notified Congress of the decision to repatriate him to Kenya last month. Bajabu was arrested by Kenyan authorities in Mombasa in 2007 and transferred to Guantanamo weeks later for alleged involvement with al-Qaeda’s branch in East Africa. However, the Periodic Review Board determined in 2021 that he was no longer a significant threat to US national security. This determination paved the way for his transfer to Kenya, where he will be reunited with his family.
The Guantanamo detention facility has become a symbol of US abuses during the “war on terror” era, with many detainees being held without charge or trial for years. The prison operates under a legal system led by military commissions that do not guarantee the same rights as traditional US courts. Detainees cleared for release often spend years at Guantanamo as Washington looks for countries to take them after they are freed. This has led to widespread criticism of the facility and calls for its closure.
Reprieve US, which represented Bajabu, welcomed his release, stating that he was tortured by Kenyan authorities and US military personnel. The organization emphasized that Bajabu’s children, who were infants when he was taken away, are now grown, and that the US owes him support and space to begin his life anew. The transfer of Bajabu is a positive step, but it also highlights the need for accountability for the human rights abuses that have occurred at Guantanamo.
Of the 29 detainees remaining at Guantanamo, 15 are eligible for transfer, according to the Pentagon. The facility once housed nearly 800 detainees, many of whom were tortured at covert CIA locations known as “black sites” under the “enhanced interrogation” program authorized by former President George W. Bush’s administration. The legacy of Guantanamo is complex and multifaceted, and it will take time and effort to address the many issues that have arisen.
The Pentagon has stated that it aims to eventually close the detention center in Guantanamo, with a “deliberate and thorough process” to reduce the detainee population. This move has been welcomed by human rights groups, including Amnesty International USA, which has urged President Biden to transfer all cleared detainees out of Guantanamo before he leaves office. The closure of Guantanamo would be a significant step towards restoring the US’s commitment to human rights and the rule of law.
As the US moves towards closing Guantanamo, it is essential to acknowledge the human rights abuses that have occurred at the facility and to ensure that those responsible are held accountable. The transfer of Bajabu to Kenya is a step in the right direction, but more needs to be done to address the legacy of Guantanamo and to prevent similar abuses from happening in the future. This includes providing support and compensation to detainees who have been wrongly imprisoned and tortured, as well as holding accountable those who authorized and carried out these abuses.
The story of Guantanamo is a complex and troubling one, and it will take time and effort to come to terms with its legacy. However, with the transfer of Bajabu and the commitment to close the facility, there is hope for a new chapter in the history of Guantanamo. It is a chapter that must be marked by accountability, transparency, and a commitment to human rights and the rule of law. Only then can the US truly move forward and leave the abuses of the past behind.
Editor: Josephine Mahachi