WASHINGTON — The United States has returned two detainees from Malaysia who were held at the Guantanamo Bay military facility to their home country. These men, Mohammed Farik bin Amin and Mohammed Nazir bin Lep, had previously pleaded guilty to charges connected to the tragic bombings in Bali in October 2002, which resulted in the deaths of 202 individuals. Their return followed their agreement to testify against Encep Nurjaman, also known as Hambali, who is believed to be the mastermind behind those attacks as well as other acts of violence. The Pentagon announced the transfer on Wednesday, highlighting the men’s cooperation with U.S. prosecutors.
Alongside the transfer of the two Malaysians, a Kenyan man who had been held at Guantanamo for 17 years without facing any charges was also repatriated. These developments occur amidst calls from rights organizations urging the Biden administration to address the situation of the remaining detainees, many of whom continue to be held without charges. As the Biden administration navigates its policies regarding Guantanamo, uncertainty looms regarding the future of these inmates, especially with the incoming Trump administration.
The Pentagon noted that bin Amin and bin Lep had previously collaborated with Hambali, the leader of the al-Qaida-related group Jemaah Islamiya. Their involvement reportedly included assisting Hambali in avoiding capture following the Bali bombings. In January, both men pleaded guilty to charges including conspiracy, and they have since provided crucial testimonies expected to be used in future proceedings against Hambali, who currently remains in Guantanamo as he awaits the continuation of pre-trial hearings scheduled for January.
With the latest transfers, there are now 27 detainees left at Guantanamo Bay, which was established as a military tribunal site following the terrorist incidents of September 11, 2001. Brian Bouffard, the attorney for bin Lep, expressed uncertainty about when his client would be fully reintegrated into Malaysian society. He stated that the Malaysian authorities would monitor him closely to prevent any potential issues.
Malaysian Home Affairs Minister Saifuddin Nasution Ismail stated that the men would engage in a thorough reintegration program that encompasses social services and health support. Malaysian police confirmed their return on Wednesday and indicated that the men would be held for the duration of a rehabilitation initiative, though specifics on the length of their detention remain undisclosed. The individuals have reportedly expressed gratitude for returning to Malaysia and are committed to the rehabilitation process.
Of the 202 victims of the Bali bombings, 88 were Australians, and their families have voiced strong disapproval about the potential release of the Malaysians. Tim Weatherald, who lost friends in the attack, criticized the detainees for lacking remorse for their actions, stating, “They almost seem proud of what they have done. So I have no issue with them not ever seeing the light of day again.” Meanwhile, the office of Australian Foreign Minister Penny Wong emphasized the country’s interest in the matter and sought assurances from Malaysia regarding the oversight of the released individuals.
At its highest capacity, Guantanamo held hundreds of individuals within the scope of the U.S. military’s response to terrorism post-9/11. Currently, only two detainees are serving sentences. Legal complexities, particularly due to the torture endured by several detainees during their initial years under CIA detention, have hindered the prosecution of others facing charges. Additionally, on Tuesday, authorities repatriated Mohammed Abdul Malik Bajabu, another Guantanamo detainee who spent 17 years without charges against him. Following his release, 15 other detainees remain in similar circumstances, with the U.S. government looking for appropriate nations willing to accept them, most of whom hail from conflict-laden Yemen.
Amnesty International has called on President Joe Biden to take action towards the release of detainees who have never faced charges before the close of his term. The organization warned that failing to do so would mean that the current administration would continue to be held accountable for the ongoing practice of indefinite detention without trial by the U.S. government.
