Moath al-Alwi

Moath Hamza Ahmed al-Alwi
Born	1977 Al Hudaydah, Yemen
Occupation	Former detainee at Guantanamo Bay detention camp
Known for	Extrajudicial detention at Guantanamo Bay; prolonged hunger strikes; artistic endeavors during detention

Moath Hamza Ahmed al-Alwi is a Yemeni national who was subjected to extrajudicial detention at the United States' Guantanamo Bay detainment camps located in Cuba. His detainee identification number was 28. It is estimated by analysts that he was born in 1977 in Al Hudaydah, Yemen.

Al-Alwi was transferred to Guantanamo on January 17, 2002, where he remained in custody for 23 years. In January 2010, the Guantanamo Review Task Force designated him as a "forever prisoner"—an individual not formally charged with any crime but considered too dangerous to release. By the time of his 2015 Periodic Review Board hearing, intelligence officials no longer claimed he served as one of Osama bin Laden's bodyguards, only that he had "spent time" with some of them.

His requests for release were rejected by the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and ultimately the Supreme Court of the United States.

Al-Alwi was known for being a prolonged Guantanamo hunger striker and described his experience with force-feeding as "an endless horror story." By March 2015, his weight had dropped to merely 98 pounds.

Detention

In response to the September 11 attacks, Congress enacted the Authorization for Use of Military Force of 2001, permitting military operations against those responsible for the attacks. In November 2001, President George W. Bush issued a military directive authorizing detention of individuals affiliated with al-Qaeda and Taliban forces. Al-Alwi was apprehended in Pakistan during Operation Enduring Freedom and subsequently transferred to Guantanamo Bay in January 2002.

Office for the Administrative Review of Detained Enemy Combatants

The Supreme Court's decision in Rasul v. Bush (2004) mandated that detainees at Guantanamo be informed of accusations against them and be given an opportunity to contest their detention. Following this ruling, the United States Department of Defense established the Office for the Administrative Review of Detained Enemy Combatants.

In December 2008, the Brookings Institution, under Benjamin Wittes' leadership, classified Guantanamo detainees based on military allegations. Al-Alwi was listed among those accused of:

• Connections with both Al Qaeda and Taliban organizations
• Traveling to Afghanistan to engage in jihad
• Staying in safehouses affiliated with Al Qaeda or Taliban
• Receiving military or terrorist training in Afghanistan
• Fighting alongside Taliban forces
• Being present at Tora Bora
• Having names or aliases found on materials seized during Al Qaeda raids
• Circumstances surrounding capture indicating belligerent activity
• Serving on Osama Bin Laden's security detail
• Being identified as an "al Qaeda operative"
• Among 82 detainees who either made no statements or provided irrelevant testimony during tribunals

Habeas corpus petitions

Al-Alwi initially filed a writ of habeas corpus in 2005 with the United States District Court for the District of Columbia, contesting his classification as an enemy combatant. However, this petition was not reviewed until after the Supreme Court's decision in Boumediene v. Bush (2008), which affirmed Guantanamo detainees' constitutional right to seek such relief. On December 30, 2008, Judge Richard J. Leon denied Al-Alwi's petition.

In a related judgment, it was determined that detainee Hisham Sliti supported Taliban forces and could remain detained by U.S. authorities. The New York Times characterized these rulings as "the first clear-cut victories for the Bush administration," while commentator Andy Worthington described them as a "disturbing development." Judge Leon cited sufficient evidence supporting Al-Alwi's affiliation with the Taliban to justify his enemy combatant status.

In July 2011, a unanimous panel from the United States Court of Appeals for the District of Columbia Circuit, presided over by Circuit Judge Merrick Garland, upheld Al-Alwi’s lawful detention under the authority granted by the 2001 AUMF.

Following President Barack Obama’s announcement in December 2014 regarding U.S. troop withdrawal from Afghanistan, Al-Alwi submitted a new habeas petition asserting that detention authority had expired. In February 2017, Judge Leon again rejected this claim, ruling that hostilities were ongoing.

The D.C. Circuit unanimously affirmed this decision in August 2018, with Circuit Judge Karen LeCraft Henderson referencing continued authorization under both the 2001 AUMF and the National Defense Authorization Act for Fiscal Year 2012, as well as international laws governing armed conflict that permit detention during active military operations.

Al-Alwi petitioned for Supreme Court review; however, in June 2019, certiorari was denied. Justice Stephen Breyer issued a statement indicating that future cases should address constitutional issues related to prolonged detentions.

Previously Confidential Joint Task Force Guantanamo Evaluation

On April 25, 2011, the whistleblowing platform WikiLeaks disclosed once-classified evaluations prepared by analysts from Joint Task Force Guantanamo. A thirteen-page Joint Task Force Guantanamo detainee assessment concerning him was completed on March 14, 2008. This report was endorsed by the camp commander, Rear Admiral Mark H. Buzby, who advised that detention should continue.

Joint Review Task Force

Upon taking office in January 2009, President Barack Obama committed to ending torture at Guantanamo and introduced a new review mechanism involving representatives from six government departments, replacing the previous Department of Defense-only OARDEC process. One year later, the Joint Review Task Force categorized some detainees as too risky to release despite insufficient evidence to bring charges against them. This document became public on April 9, 2013, following a Freedom of Information Act request.

Al-Alwi was identified among 71 detainees considered too innocent for prosecution but deemed too dangerous for release. President Obama assured that these individuals would undergo Periodic Review Board evaluations. On December 27, 2021, Al-Alwi received approval for transfer.

Intelligence analysts persisted in associating him with the "dirty thirty", a group apprehended while fleeing toward Pakistan and suspected of being Osama bin Laden bodyguards.

Periodic Review

The Guantanamo Review Task Force upheld previous determinations regarding Al-Alwi, recommending his continued classification as too dangerous to be freed despite a lack of prosecutable evidence. Miami Herald journalist Carol Rosenberg reported that the Periodic Review Board concluded he was "probably not" among Osama bin Laden’s bodyguards but had "spent time with" them.

Health Status

By 2015, Al-Alwi had been engaging in hunger strikes over an extended period. Weight records collected during his first four years in detention include 53 measurements, with significant declines noted during hunger strikes in 2005 when his weight fell to between 117 and 118 pounds. Another hunger strike in 2013 caused his weight to drop below 100 pounds.

Al-Alwi characterized his hunger strike as a form of peaceful protest.

In 2013, under the leadership of new warden Colonel John Bogdan, guards discharged rubber-coated steel bullets at detainees for the first time; Al-Alwi was among those struck. Camp spokesperson Robert Durand stated that guards fired only "four less than lethal rounds" following provocation. Al-Alwi reported being hit by more than four projectiles while preparing for communal prayers and receiving insufficient medical care.

Artistic Endeavors

During the late 2010s, Al-Alwi began producing artworks using materials available within the prison. His creations primarily consisted of model ships and boats fashioned from discarded plastic, fabric, and wood. In 2017, several of these works were displayed at the City University of New York Law School.

Release

On January 6, 2025, Al-Alwi along with ten other detainees were relocated to Oman to begin new chapters in their lives.

External links

• Comprehensive Guantanamo Docket entry provided by The New York Times
• Details on the 2018 Supreme Court case available at SCOTUSblog