Abdulmalik Mohammed
Mohammed Abdul Malik Bajabu | |
|---|---|
| Born | November 11, 1973 Kenya |
| Occupation | Detainee |
| Known for | Detention at Guantanamo Bay |
Mohammed Abdul Malik Bajabu (born November 11, 1973) is a Kenyan national who was subjected to extrajudicial detention at the United States' Guantanamo Bay facilities located in Cuba.
Abdul Malik was apprehended in February 2007 on allegations of orchestrating a terrorist bombing plot in Mombasa. He was subsequently moved to Guantanamo on March 26, 2007. He has been identified as an active member of the East Africa al-Qaeda network, the Council of Islamic Courts, and the Islamic Party of Kenya. The Joint Task Force (JTF) at Guantanamo Bay reported that he "actively participated" in supplying arms and organizing terrorist operations targeting U.S. interests. The Department of Defense recommended his continued detention, assessing him as a significant threat to U.S. security and its allies. By May 22, 2007, although he had no recorded disciplinary violations, he was classified as low risk for detention but possessed considerable intelligence value.
According to Kenya's Daily Nation, Abdul Malik was mentored by Harun Fazul, who was labeled as "the most wanted terror suspect in the region." Initial reports suggested Abdul Malik cooperated with law enforcement by providing valuable information before ceasing cooperation, which led to his transfer to Guantanamo.
A British Broadcasting Corporation article dated May 4, 2007, indicated that Abdul Malik admitted under interrogation to involvement in the 2002 Paradise Hotel bombing in Mombasa. His transfer to Guantanamo occurred roughly one month before this report was published.
Questions from Salim Ahmed Hamdan's defense attorney
On April 23, 2008, legal representatives for Salim Ahmed Hamdan sought permission to interview Abdul Malik and Mustafa al-Hawsawi. Hamdan's counsel had previously requested written answers from these "high-value detainees" to verify that Hamdan’s association with al Qaeda was limited. However, both Abdul Malik and Mustafa al-Hawsawi declined to respond, expressing concerns that the inquiries might be deceptive. Subsequently, Andrea J. Prasow petitioned for Lieutenant Commander Brian Mizer to meet them face-to-face to reassure them that the questions were legitimate and would not be shared with interrogators.
Combatant Status Review Tribunal
Abdul Malik has not undergone a formal Combatant Status Review Tribunal to establish his classification as an "enemy combatant".[1] In an interview with the East Africa Standard, his attorney Clara Gutteridge discussed the difficulties Reprieve encountered in arranging meetings with him and obtaining their notes due to delays in security clearance. Reportedly, authorities withheld access and note releases until after a tribunal hearing, which ultimately never took place.
Gutteridge suggested that the failure to convene a tribunal might indicate insufficient evidence by U.S. officials to justify his detention.[1] She also noted that two months after his arrival, Abdul Malik was moved to Camp 4, designated for compliant detainees. FBI interrogators reportedly questioned the validity of his continued detention and mentioned there was an order from Washington for his release.
Reprieve made contact with Abdul Malik in early 2008 but were unable to disclose their findings until October due to clearance issues.[1] During their meeting, Abdul Malik revealed he had suffered mistreatment both while held in Kenyan custody and later under U.S. forces. He further disclosed prior detentions at Bagram and Kabul before being transferred to Guantanamo.
Lawsuits
On December 11, 2009, the BBC covered a lawsuit filed by Abdul Malik's family against the Kenyan government concerning its involvement in his detention at Guantanamo Bay. The family submitted an affidavit from Kenyan police indicating no evidence linking him to terrorist activities. His initial court appearance was set for January 14, 2010.
According to the Associated Press, Abdul Malik participated in a Combatant Status Review Tribunal, but the United States Department of Defense has kept the transcript classified. Major Tanya Bradsher, a DoD spokesperson, confirmed that the transcript remains confidential due to security reasons.
The human rights organization Reprieve, which is aiding in Malik’s legal defense, argues that the accusations against him are based on statements extracted under duress, including threats made by Kenyan interrogators.
Kenyan legislation allows for suspects to be detained for up to 14 days before formal charges must be filed. The lawsuit claims Malik was held beyond this statutory period—from February 13 to 27, 2007—subjected to harsh interrogation methods and denied access to legal representation. However, Kenyan police maintain that his detention lasted less than two weeks and that he was released without being transferred to U.S. custody.
In December 2009, Kenyan Justice Minister Mutula Kilonzo publicly called on the United States to repatriate Abdul Malik, criticizing the ongoing detentions as inconsistent with Kenya's human rights reform agenda.
By April 2010, reports from Reuters and the Associated Press indicated that Kenya’s Foreign Ministry had initiated steps towards Malik’s return, with Minister Moses Wetang'ula informing Malik’s legal team about efforts to facilitate his repatriation.
Joint Review Task Force
When President Barack Obama assumed office in January 2009, he committed to ending torture practices at Guantanamo and introduced a new detainee review mechanism involving six government agencies, replacing the prior Department of Defense-only OARDEC system. A year later, the Joint Review Task Force identified certain detainees as too dangerous for release despite insufficient admissible evidence to bring formal charges. The classification report was published on April 9, 2013, following a FOIA request.
Abdul Malik was among 71 detainees categorized as too innocent for prosecution but considered too risky to release. To manage such cases, President Obama established the Periodic Review Board on March 7, 2011. Abdul Malik received approval for transfer on December 27, 2021.[2]
Release
Abdul Malik was repatriated to Kenya on December 17, 2024.
See also
External links
- Lawyer: Free Kenyan from 'black hole' Guantanamo
- Kenya government sued over Guantanamo Bay detention
- ↑ 1.0 1.1 1.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedEAStandard-2008-10-28 - ↑ "Final determination" (PDF). PRS.