Bisher Amin Khalil al-Rawi
Bisher Amin Khalil Al-Rawi | |
|---|---|
| Born | December 23, 1960 Baghdad, Iraq |
| Occupation | Businessman |
| Known for | Former Guantanamo Bay detainee; MI5 informant |
Bisher Amin Khalil Al-Rawi (, Bišr Amīn Ḫalīl ar-Rawī) (born 23 December 1960) is an Iraqi national who obtained residency in the United Kingdom during the 1980s. In November 2002, while on a business trip to Gambia, he was apprehended and subsequently handed over to U.S. military authorities. He remained detained without formal charges at the Guantanamo Bay detention camp until 30 March 2007. His detainee identification number was 906. According to the U.S. Department of Defense, he was born on 23 December 1960 in Baghdad, Iraq.
Al-Rawi has stated that he was traveling with his associate Jamil al-Banna on business when Gambian intelligence officials arrested them at Banjul airport on 8 November 2002. Following their capture, they were transferred to U.S. custody and moved to Bagram Airbase. During his detention, Al-Rawi assisted fellow British detainee Moazzam Begg by helping prepare meals. Although U.S. authorities suspected him of having ties to al-Qaeda, he was ultimately released without any charges.
Early life
Al-Rawi was born in Baghdad, Iraq, before emigrating to the United Kingdom where he secured legal residency status. He resided in West London, where he married and started a family.
Cooperation with MI5 in London
In the aftermath of the September 11, 2001 attacks, MI5 agents approached Al-Rawi seeking his cooperation. He agreed to assist by sharing information about London's Muslim community with the aim of reducing tensions between Muslim residents and other British citizens.
Arrest in Gambia
Bisher al-Rawi and Jamil al-Banna traveled to Gambia to supervise a shipment of machinery parts intended for an edible oil factory owned by Al-Rawi’s brother. Upon arrival at Banjul airport on 8 November 2002, Gambian National Intelligence Agency officers detained them amid allegations—based on British security intelligence—of possible links to al-Qaeda. Initially, they were subjected to an unofficial form of house arrest without formal charges and were informed that their release would depend on confirming that their equipment did not pose a terrorism threat.
Instead of being placed in a Gambian prison, they were held in a safe house controlled by a CIA "snatch team," guarded by Gambian personnel and interrogated by American agents. In late December 2002, the CIA transported them using operatives dressed in black uniforms and balaclavas. Their clothing was removed, and they were restrained before being transferred. The two men were subjected to an unlawful "rendition" to Bagram Air Base, Afghanistan, where they spent several weeks confined underground in darkness.
By March 2003, both individuals had been moved into U.S. military custody at Guantanamo Bay detention camp.
Combatant Status Review Tribunal
Following the 2004 Supreme Court decision in Rasul v. Bush, which upheld detainees' rights to challenge their detention through habeas corpus, the Bush administration instituted Combatant Status Review Tribunals (CSRTs) as a substitute for federal court reviews. These tribunals convened from late 2004 through early 2005 and did not adhere to conventional evidentiary standards such as rules against hearsay.
Al-Rawi took part in his tribunal hearing, joining approximately 60% of detainees who chose to participate. Each hearing involved review of a Summary of Evidence memorandum, which frequently relied on hearsay or classified information inaccessible to the detainee. No legal representation was provided; instead, detainees were assigned Personal Representatives from the military.
The Summary of Evidence against Al-Rawi included allegations that he:
- Was affiliated with al Qaida
- Provided refuge in London for fugitive al-Qaeda member Abu Qatada
- Assisted Abu Qatada by identifying an apartment to evade British law enforcement
- Was connected to Abu Qatada’s associations with senior al-Qaeda figures and facilitation of travel to an al-Qaeda guesthouse in Pakistan
- Was linked to Abu Qatada’s arrest in the UK as a threat to national security
- Transferred funds between Arab Bank branches under Abu Qatada’s instructions during 1999–2000
- Was arrested in Gambia in November 2002 and subsequently transferred into U.S. custody at Bagram Air Base
Witnesses Requested
Al Rawi sought to present seven witnesses during his tribunal:
| Alex, Matthew, Martin |
|
| detainee redacted |
|
| his brother (name redacted – Abdul-Wahab) |
|
| Abdula Janudi |
|
| Gareth Peirce |
|
Initially, the Tribunal's president deemed the witnesses irrelevant. However, during Al Rawi’s testimony, the President reversed this stance regarding Alex, Matthew, and Martin and instructed efforts to locate them, which proved unsuccessful. The rationale behind this reversal remains confidential.
Testimony
Al Rawi’s testimony contains numerous redacted segments.
MI5 Informant Status
In 2006, a court order compelled the Department of Defense to disclose detainee tribunal records. Media reports revealed that Bisher and other British legal residents at Guantanamo had acted as MI5 informants yet continued to be held. By that time, all but one British citizen detainee had been repatriated. The UK government advocated for the release of British legal residents.
Denial of Comfort Items
Brent Mickum, Al Rawi’s attorney, disclosed that comfort items were restricted: his daily toilet paper allowance was limited to fifteen sheets and confiscated when he used it to block continuous lighting. His prayer rug was taken away after he attempted to use it as a blanket in a cold cell.
Request for Repatriation
On 20 April 2006, the British Foreign Office officially requested Al Rawi’s release for return to the United Kingdom.
A report from The Times on 3 October 2006 revealed that the US had agreed in confidential discussions to repatriate nine British residents from Guantanamo under stringent conditions, including ongoing surveillance considered excessively costly and unnecessary by UK authorities. British officials admitted there was insufficient evidence to support such monitoring. Priority was given to Al Rawi’s repatriation due to his cooperation with MI5.
Release
On 29 March 2007, UK Foreign Secretary Margaret Beckett announced successful negotiations for Al Rawi’s return. She stated:
Extensive discussions on security matters have led to an agreement with U.S. authorities for Mr. al-Rawi’s imminent return to the U.K.
No information was disclosed concerning his companion Jamil al-Banna or other detainees. Al Rawi was freed by 3 April 2007 and expressed relief at coming home while lamenting leaving his friend behind.
Civil Litigation
On 1 August 2007, Al Rawi joined a civil lawsuit under the US Alien Tort Statute with support from the ACLU. Alongside four others, he filed suit against Jeppesen Dataplan, a Boeing subsidiary responsible for organizing extraordinary rendition flights that unlawfully transported them.
External links
- "UN Secret Detention Report (Part Two): CIA Prisons in Afghanistan and Iraq", Andy Worthington, 16 June 2010
- A letter to the Times re: Moazzam Begg and Amnesty by Bisher al-Rawi, Andy Worthington, 11 February 2010
- "Tortured, humiliated and crying out for some justice", The Guardian, 12 January 2005
- "UK's 'forgotten' Cuba detainees", BBC, 25 January 2005