Originally the BushPresidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[9]
In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
Office for the Administrative Review of Detained Enemy Combatants
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:[13]
Fayiz Ahmad Yahia Suleiman was listed as one of the captives who "The military alleges ... are associated with both Al Qaeda and the Taliban."[13]
Fayiz Ahmad Yahia Suleiman was listed as one of the captives who "The military alleges ... were at Tora Bora."[13]
Fayiz Ahmad Yahia Suleiman was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[13]
Fayiz Ahmad Yahia Suleiman was listed as one of the captives who was an "al Qaeda operative".[13]
Fayiz Ahmad Yahia Suleiman was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military's allegations against them."[13]
Formerly secret Joint Task Force Guantanamo assessment
Suleiman was transferred to Italy, on July 10, 2016.[3][4][5][6][7][8][16][17] The USA has not repatriated any individuals to Yemen, since 2009, due to security concerns.
Carol Rosenberg, writing in the Miami Herald, quoted Suleiman's attorney Jon Sands, who said Suleiman had never met with an attorney during his entire stay in Guantanamo.[3]
^ ab"Yemeni Guantánamo Bay inmate transferred to Italy, US says". The Guardian. 2016-07-10. Archived from the original on 2016-07-10. Retrieved 2016-07-11. The United States said on Sunday it had transferred a Yemeni inmate from the Guantánamo Bay prison to Italy, bringing the number of detainees at the US naval base in Cuba to 78.
^ ab"US transfers Yemeni Guantanamo inmate to Italy". Al Arabiya. 2016-07-11. Retrieved 2016-07-11. The Yemeni man was arrested by Pakistani police and transferred to US custody in December, 2001, meaning he had been in US detention for more than 14 years, according to US military documents posted online by the WikiLeaks website.
^ ab"Yemeni Gitmo inmate flown to Italy". Deutsche Welle. 2016-07-11. Retrieved 2016-07-11. Suleiman, 42, was born in Saudi Arabia and has a history of participating in hunger strikes, military records show. He was listed as being in "fair" health.
^ ab"U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
^"US transfers Guantanamo inmate to Italy: official". The Local Italy. 2016-07-11. Retrieved 2016-07-11. 'The United States is grateful to the government of Italy for its humanitarian gesture and willingness to support ongoing US efforts to close the Guantanamo Bay detention facility. The United States coordinated with the government of Italy to ensure this transfer took place consistent with appropriate security and humane treatment measures.'
^
Felicia Schwarz (2016-07-11). "U.S. Transfers Yemeni Detainee From Guantanamo to Italy". The Wall Street Journal. Retrieved 2016-07-11. Mr. Suleiman's transfer was approved by six U.S. agencies, including the Departments of Defense, State, Justice and Homeland Security as well as the Joint Chiefs of Staff and the Office of the Director of National Intelligence. The Defense Department notifies Congress of the moves 30 days in advance.