Faiz Mohammed Ahmed Al Kandari

Faiz Mohammed Ahmed Al Kandari
Born	(1977-06-03) June 3, 1977 Kuwait City, Kuwait
Occupation	Former detainee

Faiz Mohammed Ahmed Al Kandari (born 3 June 1977) is a citizen of Kuwait who was held without formal charges at the United States' Guantanamo Bay detention facility in Cuba from 2002 until 2016. Throughout his detention, he was never formally accused of war crimes.

The US Department of Defense states that Kandari's birthplace is Kuwait City. He was repatriated to Kuwait on 8 January 2016.

Combatant Status Review

During his Combatant Status Review Tribunal, Kandari was accused of recruiting fighters for jihad in Afghanistan and undergoing weapons training at the Khaldan camp, where Osama bin Laden was said to have delivered religious teachings.<ref name="CNN20110816Fenton"> Kandari has consistently refuted these allegations, remarking: "I reviewed all the unclassified accusations; I found them laughable," and questioned their validity by adding, "It appears whoever drafted these claims must have been intoxicated."

Researchers at the Brookings Institution, led by Benjamin Wittes, classified detainees held at Guantanamo as of December 2008 according to shared allegations:<ref name=Brookings2008-12-16>

• Al Kandari was charged before a military commission.
• The military alleged his affiliation with Al Qaeda.
• He purportedly traveled to Afghanistan for jihadist purposes.
• He was accused of residing in safehouses linked to Al Qaeda, the Taliban, or other groups.
• He allegedly received terrorist or military training within Afghanistan.
• He was reportedly present during the Battle of Tora Bora.
• His name or aliases appeared on materials confiscated during Al Qaeda raids.
• He was identified as part of Al Qaeda’s leadership network.
• He was among detainees charged as alleged Al Qaeda leaders before military commissions.

Hearsay evidence

Attorneys representing two detainees at Guantanamo conducted a report entitled No-hearing hearings, which highlighted instances where all evidence presented against detainees consisted solely of "hearsay evidence." The Tribunal's legal advisor commented:

The report noted that outside the CSRT context, this type of evidence is typically regarded as "rumor."

Remarks from Lieutenant Colonel Barry D. Wingard, Counsel

Lieutenant Colonel Barry Wingard, chief defense attorney from the Office of Military Commissions, criticized the use of hearsay evidence against his client, a Kuwaiti named Fayiz. Wingard stated:

Allegations of Torture During Detention

According to Lieutenant Colonel Barry Wingard, Faiz Mohammed Ahmed Al Kandari experienced severe treatment and enhanced interrogation techniques, including sleep deprivation, physical mistreatment, stress positions, sexual humiliation, exposure to extreme temperatures, loud music, and threats involving dogs. Faiz’s mother voiced her distress over being unable to see him for a decade:

In November 2011, Wingard condemned a Pentagon-produced video depicting his client confined "like a circus animal," expressing indignation over U.S. government conduct. During a hunger strike protesting indefinite detention, Faiz declared:

Habeas Corpus

In an interview with TPMmuckraker, David Cynamon, attorney representing four Kuwaiti detainees at Guantanamo pursuing habeas corpus petitions, criticized the Department of Justice for obstructing timely legal proceedings and weakening rule-of-law principles. Cynamon asserted that the government has done "everything possible to delay and impede these cases," noting no improvement since the Obama administration began.

Separately, Federal Judge Colleen Kollar-Kotelly strongly reprimanded the Justice Department for inadequate legal representation in these matters. In a recent ruling, she described the government's conduct as "shockingly revisionist," "flippant," and "disingenuous," ordering replacement of government counsel. Attorney Matthew Maclean emphasized that detainees were only recently granted access to review allegations after seven years had passed—despite Supreme Court rulings mandating prompt habeas corpus hearings.

US v. Al Kandari

On October 22, 2008, formal charges against Al Kandari were filed by the Office of Military Commissions.

Joint Review Task Force

On January 21, 2009, coinciding with his inauguration, United States President Barack Obama signed three Executive orders concerning the detention procedures at Guantanamo Bay. This action created a revamped review mechanism involving representatives from six different departments, marking a departure from the prior OARDEC process which was managed exclusively by the Department of Defense.

One year later, the Joint Review Task Force designated certain detainees as posing significant security risks that prevented their transfer, despite insufficient evidence to formally charge them. This designation became public on April 9, 2013, after a request under the Freedom of Information Act. Among the 71 detainees identified as too dangerous to release but not legally chargeable was Faiz Mohammed Ahmed Al Kandari.

President Obama declared that individuals in this category would be subject to assessments by a Periodic Review Board, aiming to reconcile security priorities with legal rights and humanitarian considerations.

Periodic Review Board

The inaugural review session took place on November 20, 2013. A follow-up evaluation on June 12, 2014, recommended Al Kandari’s release; this decision was publicly disclosed on July 14, 2014.

Renewed repatriation negotiations

In July 2013, Cynammon reported that the Obama administration had restarted repatriation discussions after a prolonged period of inactivity.<ref name=Fox2013-07> Despite Kuwait establishing a rehabilitation facility designed to provide medical care, psychological support, and religious guidance for former detainees to assist their reintegration, the center remained unutilized.

In May 2015, Sheikh Mohammad Al-Khaled Al-Hamad Al-Sabah, serving as Kuwaiti Minister of Interior and Deputy Prime Minister, traveled to Washington DC to reaffirm Kuwait’s dedication to securing the detainee’s repatriation.<ref name=Qna2015-05-14> He highlighted the Emir’s active engagement and close oversight of ongoing negotiations with U.S. officials.

External links

• Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari Andy Worthington, 17 October 2009
• US Military Lawyer: Kuwait Needs to Speak Up on Guantánamo Andy Worthington, 26 February 2010
• Judge OK's indefinite detention of alleged bin Laden advisor
• Kuwaiti Family Committee website
• Political Carnival-Part 3
• Political Carnival-Part 4