Ayman Saeed Abdullah Batarfi
Ayman Saeed Abdullah Batarfi | |
|---|---|
| Born | Yemen |
| Occupation | Orthopedic surgeon |
| Known for | Detention at Guantanamo Bay; medical care during Battle of Tora Bora; habeas corpus petition Ayman Saeed Abdullah Batarfi v. George W. Bush |
Ayman Saeed Abdullah Batarfi is a Yemeni orthopedic surgeon who was detained without formal charges at the United States' Guantanamo Bay detention facility in Cuba. His assigned Guantanamo Internment Serial Number was 627.
Batarfi completed his medical education and subsequent postgraduate training in Pakistan. On 30 March 2009, the U.S. Department of Justice announced his release, marking him as the second detainee authorized for transfer following the Obama administration’s review of detainee statuses.
Press reports
He asserted that during the 2001 Battle of Tora Bora, he was compelled to serve as a physician, providing care to injured mujahideen combatants within the cave complexes. He admitted to treating wounded al-Qaida members but denied any terrorist affiliations, emphasizing that his involvement was under duress. At an Administrative Review Board hearing, Batarfi confirmed a brief ten-minute encounter with Osama bin Laden during the conflict, describing bin Laden as primarily focused on securing his own escape amid ongoing airstrikes.
On 25 May 2008, the Yemen Times reported that several Yemeni detainees at Guantanamo had suffered severe psychological breakdowns due to the detention environment. The article referenced former prisoners and human rights advocates who highlighted mental health deterioration, including allegations of hallucinogenic substances being administered to inmates.
In his book The longest war, Peter Bergen quoted Batarfi’s account of bin Laden’s attitude at Tora Bora: "He did not prepare himself for Tora Bora and to be frank he didn't care about anyone but himself." Batarfi detailed critical shortages of medical supplies and high casualty rates, recounting performing amputations with makeshift instruments and warning bin Laden that continued bombardment would result in fatal consequences for everyone present.
Summary of Evidence memo
On 2 November 2004, a Summary of Evidence memorandum was compiled for Batarfi’s Combatant Status Review Tribunal. The document outlined allegations including his alleged affiliation with al Qaida, support for both the Taliban and al Qaida against U.S. and coalition forces, prior involvement with al Wafa organization, and connections between al Wafa and Usama Bin Ladin. It further stated that Batarfi procured medical materials for al Wafa and Taliban forces, met Bin Laden on multiple occasions, resided at a Taliban guesthouse in Quetta, and participated in military activities during Tora Bora while carrying weapons and communication devices.
Ayman Saeed Abdullah Batarfi v. George W. Bush
A habeas corpus petition titled Ayman Saeed Abdullah Batarfi v. George W. Bush was filed on his behalf before U.S. District Court Judge Emmet G. Sullivan. Subsequently, on 4 August 2005, the Department of Defense released seventeen pages of unclassified documents pertaining to his Combatant Status Review Tribunal. Legal representation was provided by the Baltimore-based law firm Murphy & Shaffer.
On 12 November 2004, Tribunal panel 15 upheld his classification as an "enemy combatant." The decision memo noted that Batarfi declined to meet with his Personal Representative to review the summary of evidence; although he understood English, he refused to leave his cell when informed about the meeting’s purpose.
On 6 January 2009, Judge Sullivan reprimanded the Bush administration for withholding potentially exculpatory evidence, indicating that the Department of Justice had suppressed up to ten documents. With these materials now disclosed, Sullivan scheduled a hearing for 9 March to consider Batarfi’s release.
In April 2009, Sullivan further condemned the Justice Department for failing to disclose that a key prosecution witness against Batarfi suffered from significant mental illness. According to The Kansas City Star, Sullivan issued a stern rebuke: "To hide relevant and exculpatory evidence... is fundamentally unjust, outrageous and will not be tolerated." The witness was reported to have anti-social personality disorder impairing moral judgment and increasing tendencies toward dishonesty. Bill Murphy, one of Batarfi’s attorneys, remarked on the difficulty of treating such testimony as credible given the medical documentation.
Administrative Review Board
Individuals labeled as "enemy combatants" by the Combatant Status Review Tribunal were subject to yearly Administrative Review Board hearings. These sessions assessed the potential risk detainees might pose if released or transferred, alongside evaluating reasons supporting their ongoing detention.
Initial Annual Administrative Review Board
For Ayman Saeed Abdullah Batarfi's first annual Administrative Review Board held on 31 October 2005, a Summary of Evidence memorandum was compiled. This four-page document detailed thirty-nine principal factors supporting continued detention and two key factors advocating for release or transfer.
Transcript
In the spring of 2006, following a court order issued by Jed Rakoff, the United States Department of Defense made public a twenty-page summarized transcript from Batarfi's Administrative Review Board hearing. This transcript also contained three letters submitted by his family members.
Second Annual Administrative Review Board
A Summary of Evidence memo was prepared for Batarfi’s second annual review on 28 November 2006. The memorandum, spanning four pages, identified thirty-six primary factors favoring continued detention and two factors supporting release or transfer.
Transcript
In September 2007, transcripts from the 2006 Administrative Review Board hearings involving detainees were released by the Department of Defense.
Repatriation
On 30 March 2009, Batarfi became the second detainee cleared under the revised review procedures introduced during President Barack Obama’s administration. According to Dean Boyd, a spokesperson for the US Justice Department quoted by the BBC, Batarfi was to be relocated to a third country "in a manner consistent with the national security and foreign policy interests of the United States and the interests of justice."
Carol Rosenberg of the Miami Herald reported that US District Court Judge Emmet G. Sullivan set Batarfi’s habeas corpus hearing for early April. William Glaberson from The New York Times observed that Justice Department documents implied Batarfi might face prosecution in the destination country. Although Batarfi consented to postpone his habeas petition to facilitate diplomatic negotiations, he maintained the right to reopen his case should he object to the terms of transfer.
Rosenberg also noted that on 19 December 2009, Batarfi was among twelve detainees transferred from Guantanamo Bay. Officials from the Justice Department confirmed his release had been authorized in March 2009. Batarfi characterized himself as a humanitarian aid worker who provided medical care to al Qaeda wounded at Tora Bora during Osama bin Laden’s presence there.
The other eleven detainees transferred included Jamal Alawi Mari, Farouq Ali Ahmed, Muhammad Yasir Ahmed Taher, Fayad Yahya Ahmed al Rami, Riyad Atiq Ali Abdu al Haf, Abdul Hafiz, Sharifullah, Mohamed Rahim, Mohammed Hashim, Ismael Arale, and Mohamed Suleiman Barre. Among them were Afghans Abdul Hafiz, Sharifullah, Mohamed Rahim, and Mohammed Hashim; Somalis Ismael Arale and Mohamed Suleiman Barre; as well as five Yemenis.
On 5 January 2010, Jay Solomon of The Wall Street Journal reported that Batarfi along with five other Yemeni returnees were subjected to indefinite detention in Yemen under a covert agreement between the Obama administration and Yemeni authorities. This arrangement had been established prior to their repatriation and involved Yemeni custody over these detainees.
2008 and 2009 Evaluations of Threats Attributed to Batarfi
On January 13, 2010, White House representative John Brennan appeared before Congress to defend the decision to release Batarfi despite accusations connecting him to an al Qaeda Weapons of Mass Destruction scheme. Brennan explained that President Obama’s Guantanamo Review Task Force had conducted an exhaustive examination of all pertinent data and found no evidence linking Batarfi to al Qaeda’s anthrax initiative. Later that year, Brennan sent a letter to Nancy Pelosi reaffirming that the task force identified no grounds supporting the allegations against Batarfi.
On April 25, 2011, WikiLeaks disclosed previously classified Guantanamo detainee assessment documents, including a detailed 15-page report on Batarfi signed by Admiral Mark H Buzby dated April 29, 2008.
During Congressional inquiries, Representative Frank Wolf questioned why Batarfi had been approved for release when earlier military evaluations indicated he had encountered Osama bin Laden and participated in an al Qaeda Weapons of Mass Destruction operation. Brennan responded by stating that a more recent review conducted by the Obama administration’s joint task force found the evidence insufficient to warrant continued detention.
Counterterrorism expert Thomas Joscelyn disputed Brennan’s rationale by referencing the 2008 military evaluation, which claimed Batarfi had provided medical laboratory apparatus to Yazid Sufaat for use in developing anthrax weapons. The report also highlighted Batarfi’s association with Amer Aziz, who served as his mentor during an internship.
Aziz had a background of treating injured mujahideen fighters during the Soviet-Afghan conflict and was known for attending to senior Taliban and al Qaeda leaders, including Osama bin Laden in 1999 and November 2001. Aziz was detained and questioned by U.S. authorities in 2002 but denied any awareness of terrorist plots. According to the Guantanamo assessment, Aziz described Batarfi as "very eager" to engage in combat and "completely committed to al-Qaida."