Fayiz Mohammed Ahmen Al Kandari

Faiz Mohammed Ahmed al-Kandari (born 3 June 1977) is a Kuwaiti citizen who was held in extrajudicial detention in the United States' Guantanamo Bay detainment camp in Cuba, from 2002 to 2016.
He has never been charged with war crimes.

The US Department of Defense reports he was born on 3 June 1977, in Kuwait City.

Kandari was transferred to Kuwait on 8 January 2016.

Detention in Bagram

Combatant Status Review

His Combatant Status Review Tribunal accused him of the following: "The detainee (Al Kandari) recruited personnel to participate in jihad in Afghanistan … traveled into Afghanistan and received weapons training at the Khaldan training camp. Osama bin Laden personally provided religious instruction and trainee (sic) at this camp."

He has always denied the accusations and said: "I looked at all the unclassified accusations; I was laughing so hard." and "All this happened in a period of three months … I ask, 'Are these accusations against Faiz or against Superman?' It seems to me that whoever wrote these accusations he must (have) been drinking and he must have been drunk when he wrote it."

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:

* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who had faced charges before a military commission.
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who ''"The military alleges ... are members of Al Qaeda."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who ''"The military alleges ... traveled to Afghanistan for jihad."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who ''"The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who ''"The military alleges ... took military or terrorist training in Afghanistan."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who ''"The military alleges ... were at Tora Bora."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives whose ''"names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."''
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives who was a member of the ''"al Qaeda leadership cadre"''.
* Faiz Mohammed Ahmed al-Kandari was listed as one of the captives ''"currently at Guantánamo who have been charged before military commissions and are alleged Al Qaeda leaders."''

Hearsay evidence

Lawyers for two Guantanamo detainees organized a study entitled, No-hearing hearings, which cited as an example of a detainee for whom all the evidence against him was "hearsay evidence".

The study quoted the Tribunal's legal advisor:

The study commented:

Comment from his lawyer Lieutenant Colonel Barry D. Wingard

Lieutenant Colonel Barry Wingard lead attorney from the Office of Military Commissions, published an article about citing hearsey evidence against his client. Lieutenant Colonel Wingard said "Vague charges made it difficult to defend his client after he was assigned in October to represent a Kuwaiti named Fayiz". In trying to prepare his case, Lieutenant Colonel Wingard said:

Mistreatment while in detention

Lieutenant Colonel Barry Wingard and Faiz Mohammed Ahmed al-Kandari, pertaining to the harsh treatment and enhanced interrogation techniques that Faiz was continually subjected to. The abuse included sleep deprivation, physical abuse, being placed in stress position, sexual humiliation, and the use of extreme temperature, loud music and dogs.

Ask about the alleged mistreatment his mother who has not seen her son for 10 years his mother said:

In November 2011 Wingard expressed as well outrage over a propaganda video that the DOD had published.

Speaking while on a hunger strike in protest against his indefinite detention, Faiz said:

Habeas Corpus

In a recently conducted interview with TPMmuckraker, Mr. David Cynamon—a lawyer for four Kuwaiti Gitmo detainees who are bringing habeas corpus claims against the government.
In the interview Mr. Cynamon said that the Justice Department has been consistently dragging its heels in the case, denying detainees their basic due process rights and furthering what he called the "abandonment of the rule of law."

Cynamon's clients were picked up in the Afghanistan-Pakistan region in the period after the 2001 U.S invasion of Afghanistan. Asked whether he had observed a shift of any kind in the government's approach since the Obama administration came into office, Cynamon flatly replied

In even more Habeas Corpus news, a Federal Judge in Washington is on a tear against alleged bad lawyering by the Justice Department.

In a stinging order issued today, Judge Colleen Kollar-Kotelly refused to reconsider an earlier and similarly scathing order requiring the Justice Department to replace the government's attorney responding to challenges several Kuwaiti men have brought to their imprisonment at Guantanamo Bay. How mad was the judge? Her salvo Monday uses the words "shockingly revisionist," "flippant" and "disingenuous" to describe the government's handling of the litigation. attorney Matthew Maclean said.

US

On 22 October 2008, the Office of Military Commissions filed charges against him.

Joint Review Task Force

On 21 January 2009, the day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo.

That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On 9 April 2013, that document was made public after a Freedom of Information Act request.

Faiz Mohammed Ahmed al-Kandari was one of the 71 individuals deemed too innocent to charge, but too dangerous to release.
Obama said those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board.

Periodic Review Board

The first review was not convened until November 20, 2013. The review was convened on 12 June 2014. Its recommendation that he should be released was made public on 14 July 2014.

Renewed repatriation negotiations

In July 2013, Cynammon said the Obama administration was renewing repatriation negotiations after ''"years of radio silence"''.

In May 2015, Sheikh Mohammad Al-Khaled Al-Hamad Al-Sabah, Kuwaiti Minister of Interior, and Deputy Prime Minister traveled to Washington DC to renew Kuwait's interest in release.

References

External links

Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari
Andy Worthington, 17 October 2009

US Military Lawyer: Kuwait Needs to Speak Up on Guantánamo
Andy Worthington, 26 February 2010


* ttps://web.archive.org/web/20061109213906/http://www.kuwaitifreedom.org/ Kuwaiti Family Committee website
Political Carnival-Part 3 website

{{DEFAULTSORT:Kandari, Faiz Mohammed Ahmed Al
1977 births
Bagram Theater Internment Facility detainees
Kuwaiti extrajudicial prisoners of the United States
Living people
Detainees of the Guantanamo Bay detention camp