Tolfiq Nassar Ahmed Al Bihani
Tolfiq Nassar Ahmed Al Bihani | |
|---|---|
| Born | June 1, 1972 Saudi Arabia |
| Occupation | Detainee |
| Known for | Detained at Guantanamo Bay detention facility; subjected to CIA torture |
Tolfiq Nassar Ahmed Al Bihani (born June 1, 1972) is a Saudi national who was held by the United States at the Guantanamo Bay detention facility in Cuba. His assigned Guantanamo Internment Serial Number was 893.
According to the U.S. Senate Intelligence Committee's investigation into CIA interrogation methods, al Bihani was detained at CIA black sites and subjected to torture.
He was transferred to Guantanamo on February 7, 2003, where he remained in detention without formal charges for 22 years.
Release of detainees' CSR Tribunal records
In September 2007, the Department of Justice made public unclassified documents from the Combatant Status Review Tribunals involving 179 detainees. Despite a habeas corpus petition being filed on al Bihani’s behalf, the Department of Defense did not include his records among those released.
Military Commissions Act
The Military Commissions Act of 2006 prohibited Guantanamo detainees from pursuing cases in the U.S. civil courts, effectively halting all pending habeas corpus petitions.
Boumediene v. Bush
On June 12, 2008, the United States Supreme Court decided in Boumediene v. Bush that the Military Commissions Act could not strip Guantanamo detainees of their right to access federal courts. This ruling allowed for the reinstatement of all previous habeas petitions, enabling judicial review of whether sufficient evidence existed to classify detainees as "enemy combatants."
Protective order
On July 15, 2008, attorney Kristine A. Huskey submitted a NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER representing Al Bihani and other detainees. The petition sought to prevent the Department of Defense from transferring detainees outside U.S. jurisdiction without providing defense counsel with a thirty-day advance notice. This measure addressed concerns about potential transfers to countries where detainees faced mistreatment despite ongoing habeas proceedings.
Habeas corpus timeline
George M. Clarke III stated on September 9, 2008, that Al Bihani’s brother, Adnan Al Bihani, acting as "next friend", initiated the habeas corpus process through correspondence dated June 17, 2005. Clarke and his legal team officially filed the petition on December 14, 2005. Although Al Bihani initially declined to designate Clarke as his attorney in 2005, he later gave verbal consent during a meeting on March 28, 2007, followed by written authorization.
Identified by U.S. Senate as a CIA detainee subjected to unauthorized torture
On December 9, 2014, the United States Senate Intelligence Committee published a 600-page unclassified summary derived from a comprehensive 6,000-page report on CIA interrogation practices. While some detainees experienced torture under sanctioned directives, Al Bihani was singled out as having endured unauthorized torture by CIA personnel. The Committee noted he underwent "72 hours of sleep deprivation between his arrival at detention site Cobalt and his October 2002 interrogation."
Information regarding his brother's death in Somalia
The Long War Journal disclosed in November 2011 the martyrdom declaration of Abu 'Asim al Tabuki Mansour Nasser al Bihani, who had combat experience in Chechnya, resided in Afghanistan until the Taliban regime collapsed, was detained in Saudi Arabia, then transferred to Yemen where he managed to escape confinement, and ultimately lost his life while engaging jihadist forces in Somalia. It is reported that he had two siblings held at Guantanamo.
Status during the Donald Trump administration
During the final year of President Barack Obama's tenure, efforts focused on relocating detainees from Guantanamo. According to the Washington Post, Al Bihani was among five detainees authorized for release but remained in custody when Donald Trump assumed office. Trump had pledged during his campaign to stop releasing prisoners from Guantanamo and to increase the facility’s detainee population.
Release
On January 6, 2025, Al Bihani, along with ten other detainees, was transferred to Oman.