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Iraqi War Criminal's Legal Battle Against Transfer to Prisons in Iraq

Legal actions taken by Abd al-Hadi al-Iraqi raise concerns over human rights and healthcare access.

By Carol RosenbergSource: nytimes.com1 min read

In brief

Abd al-Hadi al-Iraqi, the oldest inmate at Guantánamo Bay, files a lawsuit seeking to prevent his transfer to a prison in Iraq due to fears of potential abuse and inadequate medical care.

Despite a long-standing negotiation process, an Iraqi man known as Abd al-Hadi al-Iraqi, who has been held at Guantánamo Bay for years and has recently pleaded guilty to war crimes, has raised alarm bells over a proposed transfer to an Iraqi prison. Al-Iraqi, 63, who claims his actual name is Nashwan al-Tamir, is the most aged and health-compromised detainee at the military facility, suffering from a debilitating spine condition that has left him disabled, alongside requiring multiple surgeries during his captivity.His legal representatives filed a petition in U.S. federal court to halt the transfer, citing concerns that al-Iraqi would face abuse and a lack of sufficient medical treatment if moved to Karkh prison near Baghdad—formerly known as Camp Cropper, a notorious detention facility used by the U.S. military. Al-Iraqi's lawyers argue that the Iraqi prison system has significant issues and that he would not receive the necessary medical attention he has been receiving at Guantánamo.Al-Iraqi entered a guilty plea in 2022, acknowledging his role in war crimes but would see his imprisonment temporarily continue in a different country, contingent on the possibility of better medical care. His case emerges amid the Biden administration's attempts to reduce the prison population at Guantánamo Bay, a mission that has already seen other detainees released back to their home countries. However, unlike those who have been released, al-Iraqi opposes the transfer, with his lawyers strongly emphasizing his fears regarding his safety and well-being in Iraqi custody.

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