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End indefinite detention: charge or release the last two Kuwaitis held in Guantanamo

Fawzi al-Odah and Fayiz al-Kandari, now in their mid-30s, are Kuwaiti nationals who have spent the last nine years in U.S. detention at Guantánamo, without being charged with a crime. Despite the Kuwaiti government’s request for their return, they have no idea when, or if, their imprisonment will end. Let President Obama and Attorney General Holder know that this is unacceptable. Life in prison should never be possible for someone who has not been convicted of a crime. Mr. al-Odah and Mr. al-Kandari should either be charged and fairly tried in U.S. federal court, or be released. Read More »

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Jeh Johnson - General Counsel, Department of Defense

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Leon Edward Panetta (Democrat)

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Barack Obama (Democrat) - President

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Dear (recipient name),

I am writing, as a concerned citizen, to respectfully urge you to bring about a prompt resolution of the cases of Fawzi al-Odah and Fayiz al-Kandari, two Kuwaiti citizens who have spent more than nine years in detention at Guantanamo Bay, Cuba.  I welcomed the administration’s declared intention to close the detention facility at Guantanamo, and I regret that Congress has erected several serious obstacles that have made it difficult to achieve that goal.  Nevertheless, Mr. al-Odah and Mr. al-Kandari should be returned to Kuwait promptly if they are not going to be charged and tried in a federal civilian court.

I am aware that both of these men filed petitions for habeas corpus which were denied by Judge Colleen Kollar-Kotelly, based largely on what she felt were gaps in their explanations of their movements in the days following the U.S. invasion of Afghanistan.  However, it is also clear that there is no evidence that either Mr. al-Odah or Mr. al-Kandari committed a crime.  Even Judge Kollar-Kotelly raised a number of concerns about the reliability of the government’s evidence.  These men have spent more than nine years in prison without charges or a trial.  It is conceivable that they will remain incarcerated for the rest of their lives.  The prospect of life in prison based on the exceedingly low evidentiary standard required for denial of a habeas petition offends any reasonable concept of justice.

Indeed, the United Nations Committee against Torture, the body charged with monitoring compliance with the Convention against Torture, has held that indefinite detention without charges is, per se, a violation of the Convention.  It is hard to imagine anything more fundamentally incompatible with our own Constitution and values.  The United States cannot hope to be a true leader on human rights as long as it continues such unlawful detention practices.

Fawzi al-Odah and Fayiz al-Kandari have consistently denied any involvement in or support for terrorism and have expressed a strong desire to return to Kuwait.  Their families want them back.  It is my understanding that the government of Kuwait has requested their return and has established a rehabilitation facility for returned detainees.  I respectfully urge you to see that they are returned promptly if they are not going to be charged and tried in a federal civilian court.  Nine years is too long to be held without a trial.  I used to think the United States was one place where that could not happen.  Please rectify this injustice.

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