Uyghur detainees at Guantanamo Bay
| Company type | Detention group |
|---|---|
| Industry | Detention and legal proceedings |
| Founded | 2002 |
| Fate | Released and resettled (final detainees freed in 2013) |
Area served | Guantanamo Bay detention camp |
Key people | Yusef Abbas, Hajiakbar Abdulghupur, Saidullah Khali, Bahtiyar Mahnut, Abdul Hehim, Sabin Willett (attorney), Barbara Olshansky (attorney) |
Beginning in 2002, the United States government held 22 Uyghur individuals at Guantanamo Bay. The final three detainees—Yusef Abbas, Hajiakbar Abdulghupur, and Saidullah Khali—were freed on December 29, 2013, subsequently being resettled in Slovakia.
The Uyghurs are an ethnic group indigenous to Central Asia, primarily residing in the Xinjiang Uyghur Autonomous Region located in Western China. Since the establishment of the People's Republic of China’s control over Xinjiang in 1949, Uyghurs have engaged in several uprisings. Their activities drew considerable attention during the 1990s and early 2000s due to protests and violent episodes. Additionally, they have pursued international acknowledgment of their own state through the East Turkestan Islamic Movement, which had been designated as a terrorist organization by the United States.
In August 2005, The Washington Post revealed that fifteen Uyghurs had been officially reclassified as "No Longer Enemy Combatants" (NLECs). Despite being cleared of terrorism allegations, these detainees remained confined; one was reportedly restrained by shackles affixed to the floor. Prior to their judicial review, five Uyghurs who submitted habeas corpus petitions were relocated to Albania on May 5, 2006. The other seventeen detainees successfully obtained habeas corpus writs in 2008.
Common elements in the detainees' testimony
Multiple detainees—including Bahtiyar Mahnut, Yusef Abbas, and Abdul Hehim—acknowledged receiving training on the AK-47 under leaders of the East Turkestan Islamic Movement such as Abdul Haq and Hassan Maksum. At least one individual mentioned having undergone pistol training.
Those Uyghurs present at the alleged training camp did not expect it would be targeted by bombing. While some were aware of the September 11 attacks, they did not associate the Taliban with those events. They fled when the camp was bombed, asserting they were unarmed at that time. One detainee reported that Maksum was killed during the bombing.
None of the detainees regarded the United States as an adversary; all described the People's Republic of China as a repressive occupying force. Some sought military training to defend Uyghur communities within China, while others intended to travel through Iran en route to Turkey, anticipating political asylum there.
Combatant Status Review Tribunal results
Between July 2004 and March 2005, every one of the 568 detainees at Guantanamo underwent Combatant Status Review Tribunal proceedings. Among them, thirty-eight individuals were classified as No Longer Enemy Combatants (NLEC), including five Uyghurs who were transferred to Camp Iguana.
The initial Denbeaux report underscored that many detainees still held were accused of offenses less severe than those attributed to the Uyghurs.
On May 10, 2006, Radio Free Asia reported that only five Uyghurs had been relocated to Camp Iguana.
In September 2007, the Department of Defense released declassified documents from these tribunal hearings.
An article published in The Jurist characterized the Uyghurs’ Combatant Status Review Tribunals as "show trials." In April 2007, their attorney Sabin Willett commented:
Asylum in Albania
None of the Uyghur detainees wished to return to China. The U.S. government refused requests for political asylum, parole, or release within the naval base.
Several Uyghurs had pro bono legal representation seeking a writ of habeas corpus aimed at securing their freedom from U.S. custody.
In Qassim v. Bush, their habeas corpus case was set for hearing on May 8, 2006. However, five Uyghurs were transferred to Albania on May 5; following this transfer, the U.S. filed an emergency motion to dismiss the case, which was subsequently dismissed as moot.
Attorney Barbara Olshansky described this transfer as a strategy to "avoid having to answer in court for detaining innocent men."
While media outlets reported that these Uyghurs had been granted political asylum in Albania, U.S. officials clarified that they had only applied for asylum there.
On May 9, 2006, the Associated Press noted that China condemned this transfer as a breach of international law. Albania agreed to examine any evidence presented against these individuals.
Radio Free Asia reported that these five men were residing at a National Center for Refugees near Tirana.
On May 24, 2006, Abu Bakr Qasim expressed feelings of isolation while living in Albania and voiced disappointment with U.S. officials who they had hoped would support their pursuit of Uyghur autonomy. He described Guantanamo as a "five-year nightmare" and indicated efforts to move forward with their lives.
In an interview with ABC News, Qasim mentioned that members of the American-Uyghur community had offered assistance with integration should they be granted asylum in the United States.
On June 19, 2008, the Associated Press reported that Adel Abdu Al-Hakim was denied asylum in Sweden. His attorney Sten De Geer intended to appeal this decision due to Albania’s refusal to permit his family’s reunification with him.
By February 9, 2009, Reuters reported that these five Uyghurs living in Albania had communicated with seventeen others still detained at Guantanamo and learned that their detention conditions had improved.
Claims of Cooperation with the Chinese Government
An article from The Washington Post dated December 5, 2006, highlighted an appeal concerning seven Uyghur detainees held at Guantanamo Bay. Their attorneys contended that the evidence against these individuals closely resembled that used against five previously freed Uyghurs and criticized the flawed procedures used to designate them as "enemy combatants." Officials in Washington implied that this group was included on the State Department’s Terrorist list to gain approval from the People's Republic of China for the U.S. invasion of Iraq. Meanwhile, Guantanamo spokesperson Commander Jeffrey Gordon asserted that a substantial body of both classified and unclassified evidence justified their detention, emphasizing that multiple reviews upheld their enemy combatant status.
A report released in May 2008 by the Inspector General revealed that U.S. military interrogators at Guantanamo collaborated with Chinese officials to implement sleep deprivation techniques on Uyghur prisoners. Additionally, a bipartisan Senate Armed Services Committee report from 2008–2009 connected the legal authorization of enhanced interrogation methods to cases of prisoner mistreatment and fatalities within U.S. military facilities. These severe interrogation practices, reportedly influenced by Chinese torture methods applied to American prisoners of war, expanded beyond Guantanamo Bay to military sites in Afghanistan, Iraq, and Abu Ghraib.
Detention in Camp Six
On March 11, 2007, the Boston Globe reported that the seventeen remaining Uyghur detainees were relocated to the newly constructed Camp Six at Guantanamo Bay. The report noted that they were confined to their cells for 22 hours each day without access to natural sunlight. Previously, they had been permitted to interact with one another but not with other detainees nearby due to language differences (Arabic and Pashto). Their legal representative, Sabin Willett, observed a marked deterioration in their psychological well-being.
The military justified this transfer by citing incidents during a May disturbance, claiming that the Uyghurs had assaulted guards or caused damage to their living quarters. Willett linked these more restrictive conditions directly to his ongoing legal petition seeking their release.
Enactment of the Military Commissions Act and Detainee Treatment Act
During the summer of 2006, the case Hamdan v. Rumsfeld reached the United States Supreme Court, which determined that the Executive Branch did not possess authority to establish military commissions for detainees at Guantanamo but confirmed that Congress held such power. In response, Congress enacted the Military Commissions Act of 2006, which established military commissions resembling those initially created by the Executive Branch.
This legislation also eliminated detainees’ ability to file habeas corpus petitions within U.S. courts. Prior to this, the Detainee Treatment Act (enacted December 31, 2005) had prohibited new habeas filings while allowing ongoing petitions and authorized appeals for Combatant Status Review Tribunals (CSRTs) found to have violated military regulations.
Willett has challenged the CSRT rulings concerning the Uyghurs, asserting they failed to correctly apply the "enemy combatant" definition, which requires affiliation with Taliban or al-Qaida forces engaged in hostilities against the United States. He argued that interrogators concluded these Uyghurs did not qualify as enemies nor supported hostile factions.
Assistant Attorney General Peter D. Keisler led the government's rebuttal, accusing Willett of attempting to reinstate habeas corpus rights that Congress had expressly revoked. Keisler’s team framed the dispute as a question of whether detainees captured during wartime should enjoy broad judicial access and access to classified information despite legislative rejection of such privileges.
Asylum negotiations
Due to U.S. legislation forbidding the deportation of individuals to nations where they might face mistreatment, Uyghurs held at Guantanamo Bay could not be sent back to China.
The Bush administration pursued bilateral negotiations with several countries to find new homes for detainees cleared for release, but these efforts yielded limited outcomes. British representatives involved in talks to repatriate detainees holding UK residency disclosed that the United States insisted on conditions such as indefinite detention or ongoing monitoring upon their arrival.
Early release discussions
In 2004, internal deliberations took place regarding methods to release Uyghurs while ensuring their protection and safety.
Asylum in Canada
Documents from 2008 reveal that Canada was close to granting asylum to Uyghurs but withdrew due to fears of Chinese retaliation against Huseyin Celil, a Canadian Uyghur citizen imprisoned in China.
By 2009, the refugee applications for Hassan Anvar and two additional individuals were approaching completion. Uyghur activist Mehmet Tohti noted a favorable stance from Canadian authorities, including Immigration Minister Jason Kenney, who contemplated issuing special ministerial permits for them. Nonetheless, Kenney’s office refuted claims that Canada was near accepting any Uyghurs at that time.
The identities of the remaining fourteen Uyghurs had yet to be confirmed, a prerequisite for filing refugee claims within Canada.
Support for these refugees came from groups such as the Don Valley Refugee Resettlement Organization, which backed Hassan Anvar, and the Montreal archdiocese, which sponsored the other two by providing housing and clothing upon their arrival.
Role of American Uyghurs
An Associated Press report dated October 10, 2008, highlighted statements from Elshat Hassan and Nury Turkel, leaders of the Uyghur American Association, detailing plans for American Uyghurs to assist detainees in adjusting after their admission to the United States. Court documents outlined the UAA’s approach toward facilitating the resettlement process for Uyghur detainees in the U.S.
Asylum in Munich
In February 2009, the Munich city council approved an invitation for seventeen Uyghurs to relocate to Munich, which hosts the largest Uyghur population outside of China.
Temporary asylum in Palau
In June 2009, Palauan President Johnson Toribiong consented to "temporarily resettle" up to seventeen Uyghur detainees following a request from the United States. By September 2009, several Uyghurs, including Dawut Abdurehim and Anwar Assan, had accepted asylum in Palau, with further transfers continuing into October.
On June 29, 2015, The Globe and Mail reported that all Uyghurs had quietly departed Palau. The arrangement included U.S. payments amounting to $93,333 per person for living costs. Controversy arose over former President Toribiong’s use of these funds to accommodate Uyghurs in properties owned by his family members.
The group faced significant challenges integrating culturally and economically; efforts at practicing traditional crafts and securing steady employment were largely unsuccessful. Ultimately, many found work as night security guards requiring minimal interaction with locals. Tragically, one man’s toddler died after an accident on Palau.
Their exit was discreetly coordinated with U.S. officials, with destinations kept confidential. In 2018, Indian media connected a suspected militant’s radicalization to his time spent in Palau; however, the Australian Broadcasting Corporation questioned this assertion due to its timing overlapping with the Uyghur presence there.
Bermuda
On June 11, 2009, Abdul Helil Mamut, Huzaifa Parhat, Emam Abdulahat, and Jalal Jalaladin were relocated to Bermuda, a British overseas territory. The United States financed their move, while Bermuda took responsibility for issuing documentation, providing housing, and arranging residency. Their attorneys referred to them as "guest workers," and Premier Ewart Brown offered the possibility of naturalised citizenship—a status that most Bermudians do not currently possess—along with the eventual ability to travel freely.
This decision was made without notifying Richard Gozney, Bermuda’s Governor who oversees foreign affairs and security; he only became aware of the relocation after their arrival. Furthermore, Brown’s offer of citizenship was extended without prior consultation with the British government and attracted criticism both locally and in the United Kingdom. Bermuda had previously accepted refugees during the 1970s from Vietnam, although most of those individuals eventually departed.
Following this announcement, the opposition United Bermuda Party introduced a vote of no confidence against Premier Brown. Simultaneously, the British government declared its intention to review the legal framework governing its relationship with Bermuda.
On September 29, 2011, UK Overseas Territories Minister Henry Bellingham stated that the United Kingdom anticipated the United States would secure a permanent resettlement plan for these four Uyghurs elsewhere. He emphasized that the arrangement with Bermuda was not designed to be lasting and that ongoing discussions with the US State Department aimed to establish a durable solution.
This decision was made without our consultation by the previous (Brown) administration. We have engaged with the United States regarding this matter — it is our understanding that this arrangement was temporary and we expect the US State Department to identify a permanent resolution. We are collaborating with them to achieve this goal.
El Salvador
On April 19, 2012, Abdul Razakah and Hammad Memet were transferred to El Salvador. They began acquiring Spanish language skills, and El Salvador granted them asylum partly due to its historical role in providing refuge during its civil war. By September 2013, El Salvador reported that both individuals had quietly departed from the country; their whereabouts remain unknown but are believed to be Turkey.
Slovakia
On December 27, 2013, Slovakia’s government consented to grant asylum to the three remaining Uyghurs, stressing that they had "never been suspected of or charged with any terrorist offenses." One major challenge in resettling former detainees involved US requirements for expensive security protocols imposed on host nations.
Carol Rosenberg of the Miami Herald referred to this relocation as a "notable milestone." On December 30, 2013, Yusef Abbas, Hajiakbar Abdulghuper, and Saidullah Khalik were discreetly transferred to Slovakia after spending approximately twelve years in US military detention. Rosenberg also highlighted a statement from US District Court Judge Ricardo Urbina expressing disappointment with the Obama administration for failing to comply with his initial release order.
Supreme Court's ruling in Boumediene v. Bush
On June 12, 2008, the United States Supreme Court delivered its verdict in Boumediene v. Bush, invalidating certain provisions of both the Detainee Treatment Act and the Military Commissions Act. This ruling granted detainees held at Guantanamo the right to petition for habeas corpus within the US legal system.
Parhat v. Gates
A Federal appellate court panel of three judges declared on June 20, 2008, in Parhat v. Gates that the Combatant Status Review Tribunal's classification of Hozaifa Parhat was "invalid." This judgment set an important judicial precedent challenging military detainee designations.
Actions following Boumediene v. Bush
Subsequent to the Supreme Court's decision, a joint habeas corpus petition representing seventeen Uyghur detainees at Guantanamo was submitted on July 7, 2008.[1] On August 5, 2008, the United States Department of Justice responded with a 22-page opposition document contesting Parhat’s release and opposing a ruling on his habeas petition.[2]
Request to transfer from solitary confinement
In August 2008, US District Court Judge Ricardo M. Urbina denied a motion seeking to relocate six Uyghur detainees from solitary confinement in Camp 6 to the communal living quarters of Camp 4. The judge’s detailed nine-page memorandum addressed detainees Hammad Memet, Khalid Ali, Edham Mamet, Bahtiyar Mahnut, Arkin Mahmud, and Adel Noori.
Judicial precedent does not establish that detainees designated as enemy combatants possess the right to challenge their confinement conditions through habeas corpus petitions. Given courts’ hesitation to interfere with military prison administration, coupled with insufficient evidence of harm and absence of a clear constitutional standard, the court rejected the request for a temporary restraining order and preliminary injunction.
On September 30, 2008, Gregory Katsas, serving as Assistant Attorney General, submitted a "notice of status" indicating that the remaining Uyghur detainees would no longer be classified as "enemy combatants".[3][4] Nevertheless, authorities continued to confine six individuals in solitary confinement.
On October 7, 2008, US District Court Judge Ricardo Urbina issued an order directing that the Uyghurs be brought to his court in Washington DC for an appearance scheduled on October 10.Cite error: The opening <ref> tag is malformed or has a bad name The United States Department of Justice promptly filed an emergency motion seeking to halt their transfer.[5] The following day, a three-judge appellate panel granted a stay to review the matter further, setting October 16 as the deadline for submission of briefs.
On October 16, 2008, Clint Williamson, the State Department official responsible for resettlement negotiations, publicly criticized the Justice Department’s portrayal of the Uyghurs as detrimental to diplomatic progress.[6] Williamson, who serves as ambassador-at-large for war crimes issues, canceled planned international negotiations due to these challenges:
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Supreme Court decision on judicial power to free detainees in the United States
On October 20, 2009, the U.S. Supreme Court consented to review an appeal concerning whether Justice Leon possessed the jurisdiction to mandate the release of Uyghur detainees into the United States. This appeal was submitted on behalf of Hazaifa Parhat along with seven additional Uyghurs, bearing significance for all Uyghur prisoners and other detainees whose Combatant Status Review Tribunal decisions had been overturned through habeas corpus proceedings.
Previously, a panel of appellate judges had reversed Justice Leon's ruling. Then, on March 1, 2010, the Supreme Court issued a per curiam opinion in Kiyemba v. Obama, observing that no lower court had addressed the case in light of resettlement offers. As a result, the Supreme Court refrained from ruling on whether federal courts hold authority to release Guantanamo detainees, emphasizing its role as "a court of review, not of first view."
Response from the Turkistan Islamic Party
In its second issue of the publication Islamic Turkistan, the Turkistan Islamic Party discussed the circumstances of Uyghur members detained at Guantanamo Bay, underscoring media focus on their legal situations.
Uyghur detainee information
| ISN | Name | Arrival date |
Release date |
Details |
|---|---|---|---|---|
| 00102 | Edham Mamet | 2002-01-20 | 2009-10-31 |
|
| 00103 | Arkin Mahmud | 2002-06-18 | 2010-02-04 |
|
| 00201 | Ahmad Tourson | 2002-01-21 | 2009-10-31 |
|
| 00219 | Abdul Razak | 2002-06-08 | 2012-04-18 |
|
| 00250 | Hassan Anvar | 2002-02-07 | 2009-10-31 |
|
| 00260 | Ahmed Adil | 2002-02-09 | 2006-05-05 |
|
| 00275 | Yusef Abbas | 2002-06-08 | 2013-12-30 |
|
| 00276 | Akhdar Qasem Basit | 2002-06-10 | 2006-05-05 |
|
| 00277 | Bahtiyar Mahnut | 2002-06-10 | 2010-02-04 |
|
| 00278 | Abdul Helil Mamut | 2002-06-10 | 2009-06-11 |
|
| 00279 | Haji Mohammed Ayub | 2002-06-10 | 2006-05-05 |
|
| 00280 | Saidullah Khalik | — | 2013-12-30 |
|
| 00281 | Abdul Ghappar Abdul Rahman | 2002-06-10 | 2009-10-31 |
|
| 00282 | Hajiakbar Abdulghupur | — | 2013-12-30 |
|
| 00283 | Abu Bakr Qasim | 2002-06-10 | 2006-05-05 |
|
| [[ISN285|00285 | [[Abdullah Abdulqadirakhun | 2002–06–12 | 2009–06–11 |
*Moved to guest worker status in Bermuda. *Testified about limited weapons training and camp conditions. *Classified enemy combatant with no ARB hearing records. |
| [[ISN289 | [[Dawut Abdurehim | 2002–06–12 | 2009–10–31 |
*Relocated as refugee in Palau. *Attended CSRT; classified enemy combatant without ARB hearing documentation. |
| [[ISN293 | [[Adel Abdulhehim | 2002–06–10 | 2006–05–05 |
*Participated in CSRT; transferred to Albania May5,2006. |
| [[ISN295 | Emam Abdulahat | 2002–06–14 | 2009–06–11 |
*Moved as guest worker to Bermuda. *Attended CSRT; classified enemy combatant without ARB hearing records. |
| [[ISN320 | Hozaifa Parhat | 2002–05–03 | 2009–06–11 |
*Transferred as guest worker to Bermuda. *Acknowledged weapons training but contested Taliban/al Qaeda funding claims. *Classified enemy combatant without ARB hearing documentation. *June20,2008 appeals court invalidated classification. |
| [[ISN328 | Hammad Memet | 2002–05–03 | 2012–04–18 |
*Granted refugee status in El Salvador April2012. *Alleged over one year at Uyghur camp and served as weapons instructor. *Denied knowledge of Islamic Movement of Turkistan. *Only Uyghur accused of al Qaeda membership. |
| [[ISN584 | Adel Noori | 2002–05–05 | 2009–10–31 |
*Resettled as refugee in Palau October2009. *Alleged attempt to conceal identity using burka. *Briefly attended CSRT denying weapons training involvement. *Government withheld his CSRT files from legal counsel as of July18,2008. |
Radio Free Asia listed five released Uyghurs with alternate name spellings: Ababehir Qasim, Adil Abdulhakim, Ayuphaji Mahomet, Ahter, and Ahmet.
See also
External links
- Arkley rejects permanent settlement of Uighurs here June 13, 2011
- Palau appeals to Australia for permanent resettlement of six Uighurs Radio Australia June 3, 2010
- Uighurs call for freedom on US territory Bangkok Post April 7, 2010
- Former Guantanamo Uighurs begin new lives in Palau BBC Newsnight January 14, 2010
- Calls for Australia to accept Uighurs The National January 5, 2010
- Life after Guantanamo - Video
- Guantanamo Uighur detainee plea, March 20, 2008, BBC
- Yalta’s dusty remnants Washington Times November 26, 2008
- Uighurs: U.S. permitted Chinese mistreatment at Gitmo by Ryan Grim, The Huffington Post, June 16, 2009
- Human Rights First; Habeas Works: Demonstrated Federal Courts’ Ability to Manage Guantánamo Cases (2010)
- How China persuaded the U.S. that Uighurs were engaged in jihad
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