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OMAN TO EXPEL DOZENS OF EX-GUANTÁNAMO DETAINEES

As the Biden administration considers the transfer of Guantánamo detainees to
Oman, 28 Yemenis who were taken in years ago say they now are being forced out.

By Abigail Hauslohner
May 22, 2024 at 11:21 a.m. EDT

Oman's foreign minister, Sayyid Badr Hamad al-Busaidi, greets U.N. chief António
Guterres in Muscat on May 15. (Oman News Agency/AFP/Getty Images)

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For several years, Oman had promised them a new life. The quiet Persian Gulf
monarchy had given 28 Yemenis — transferred there from the U.S. military prison
at Guantánamo Bay, Cuba — housing, health care and jobs, and even helped them
find wives and start families. It was a stunning turn of fortune after years of
abusive interrogations and detention without charge.



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But now, the nation that human rights attorneys had hailed as the “gold
standard” in the rehabilitation of Muslim men swept up in America’s “war on
terror” is casting them aside, the men and advocates said. In January, Omani
officials began calling the men into meetings where they explained that, come
July, they would be stripped of their benefits and legal residency and would
have to return to Yemen.

“It was a huge shock for all of us,” said one of the men, Husam, who spoke on
the condition that his real name not be used because he said the government had
threatened the men against speaking to the media. For years, Oman had been “so
supportive, so helpful. They told us: ‘You are here to stay. This is your
home,’” said Husam, a middle-aged father of three young children. But now, said
Husam, “they said, ‘Your time is finished and you have to leave.’”

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Oman’s move comes as another transfer of Guantánamo detainees hangs in the
balance. Last fall, the Biden administration had planned to send 11 more Yemenis
to Oman, a plan that was first reported by NBC News on Monday. But the
administration, at the urging of members of Congress, paused the transfer after
the outbreak of war in Gaza, following Hamas’s Oct. 7 attack on Israel, U.S.
officials said.



Administration officials said they still hope the transfer will occur. It is
unclear whether Oman’s threatened expulsion of the original group of 28 Yemenis
resettled there is connected to the government’s agreement to accept the new
group. But U.S. officials said that Oman’s obligations to provide for the first
group of ex-detainees had long since expired, and that there was no requirement
that the sultanate provide the men with permanent residency.

“In some ways, you could say they’re making room,” said one U.S. official.

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The government of Oman did not respond to multiple requests for comment, but
legal advocates for the Yemenis, as well as U.S. government officials speaking
on the condition of anonymity to discuss sensitive negotiations, confirmed the
reports that Oman has decided to end its support for the former detainees.

Of the 780 men once detained at Guantánamo, just 30 remain, about half of whom
were long ago approved for transfer by a panel of officials from the top U.S.
national security agencies. But the prison’s closure, a policy goal of the Biden
administration — just as it was for the Obama administration — hinges in large
part on the success of secretive deals forged with foreign governments, like
Oman, to accept the former detainees and provide security guarantees for them.

Congress has barred the government from transferring Guantánamo detainees to the
U.S. mainland and blocked repatriation to certain war-ravaged countries, such as
Yemen, because they are seen as security risks.

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While the vast majority of the men held at Guantánamo never faced charges,
former detainees and their attorneys say that because of torture and brutal
treatment, nearly all now struggle with severe physical and psychological
trauma, requiring special care — further complicating transfer efforts.

The 28 Yemenis transferred to Oman by the Obama administration arrived between
2015 and 2017, and the monarchy’s support program quickly became the model
example of rehabilitation and humane treatment of former Guantánamo detainees
abroad.

Lee Wolosky, the State Department’s special envoy for Guantánamo closure during
the last two years of the Obama administration, who negotiated the first round
of transfers, praised Oman’s support for the men, but acknowledged that Oman’s
decision to end the program was its to make.

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“The nonrenewal of the former detainees’ residence permits does not violate any
agreement or understanding made with the United States at the time of transfer,”
said Wolosky, who now works in private legal practice. But Wolosky also
suggested that expulsion would be unfair. “For approximately a decade, Oman has
rehabilitated and supported these men, affording them the opportunity to have
families, rebuild their lives and live in peace. They have never been charged
with a crime and should be allowed to live out their lives as they see fit.”

Oman also accepted two Afghan detainees, who, at their request, were recently
allowed to return to Afghanistan, now under the control of the Taliban. Some of
the Yemenis had previously asked Omani authorities if they could visit Yemen,
but were denied, said Mansoor Adayfi, another Yemeni, now resettled in Serbia,
who serves as the Guantánamo program coordinator for CAGE International, a
nonprofit that advocates for current and former detainees.

The potential expulsion of the Yemenis from Oman comes amid a resurgence of
conflict in the Middle East, including in Yemen, where years of civil war has
led to a nationwide humanitarian crisis and persistent violence. U.S. officials
said they cannot send the remaining Yemeni detainees who have been cleared for
transfer back to Yemen because of security concerns arising from the ongoing
conflict.

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“So it’s particularly ironic for the U.S. to not try to stop the transfers [of
the earlier resettled group] to Yemen, after the U.S. transferred them to Oman,
in what they thought would be a safe place for them,” said Daphne Eviatar,
director of the security with human rights program at Amnesty International USA.

A State Department spokesman declined to discuss Oman’s decision-making,
referring The Post to the government of Oman “for information related to the
movement of former Guantanamo detainees.”

“In general, the United States government has never had an expectation that
former Guantanamo detainees would indefinitely remain in receiving countries,”
Vincent M. Picard, a spokesman for the department’s counterterrorism division,
said in a statement Wednesday.

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“Oman is an excellent partner and fulfilled all aspects of the humane treatment
and security assurances we agreed to for the detainees they have received. They
have provided rehabilitation services and subsidies to former detainees for
longer than required,” Picard said.

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But the policy shift in Oman, a wealthy oil state on the Arabian Peninsula that
has served at times as a go-between for the United States and Iran, also
highlights the precariousness of the Biden administration’s diplomacy in the
Middle East, where U.S. officials have leaned heavily on the help of Arab Gulf
states in their ongoing efforts to broker a cease-fire deal and hostage release
between Israel and Hamas. Brett McGurk, Biden’s coordinator for the Middle East
and North Africa, met in Oman last week with Iranian diplomat Ali Bagheri Kani,
now acting foreign minister.

In recent months, U.S. and allied forces have carried out strikes against
Yemen’s Iran-backed Houthi militant group, responding to missile and drone
attacks on ships traversing the Red Sea near Yemen’s coast. The Houthis, who
maintain offices in Oman and who control vast swaths of Yemen, have also in
recent years attacked and threatened Yemenis whom they suspect of belonging to
al-Qaeda — including former Guantánamo detainees — leaving Husam and the other
former detainees fearful of what might happen to them if they return.

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“I am from a place that is controlled by the Houthis, who have gone from time to
time to talk to my family about me,” said Husam. “They asked where I am, if I
communicate with them. My family told me, ‘Don’t come back.’”

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Human rights advocates have long assailed what they see as continued failures by
multiple U.S. administrations to provide redress and long-term stability to the
hundreds of men it subjected to torture and detention without due process over
the two decades following the Sept. 11, 2001, terrorist attacks.

“There’s no statute of limitations on torture, and the U.S. debts on its torture
of these men are not spent,” said Fionnuala Ní Aoláin, who last year became the
first U.N. official to be granted extensive access to Guantánamo’s facilities
and inmates, and who also interviewed former detainees. “And so, it worries me
profoundly that these men are not a priority for the administration.”

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Ní Aoláin, who served as the United Nations’ special rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering
terrorism, wrote in a report last year that she was “deeply concerned” about the
U.S. commitment to upholding the international legal principle of
“non-refoulement,” which prohibits the transfer of a prisoner to another country
where they would face serious harm.

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Oman has provided the former detainees a rare level of dignity and care, unseen
in many of the dozens of other countries that have accepted the United States’
former prisoners, Ní Aoláin and other international legal experts said.

If Oman needs support — “whether it’s financial or political” — to avoid
expelling the 28 Yemeni men and their families to face dangerous circumstances,
“the United States should support and enable Oman” to do so, at least until
Yemen is safe enough to move them to, Ní Aoláin said. “Certainly right now,
Yemen is not a safe place to send torture victim-survivors.”

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