IMPRISONED WITHOUT DUE PROCESS FOR
 

Correspondence with the Administration

U.S. transfers 20 more prisoners to Afghan custody
Reuters
February 10, 2008
Confusion Clouds Guantanamo Tribunals
Associated Press
February 6, 2008
France urges US to drop Guantanamo trial of Canadian
AFP
January 23, 2008
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The Battle for Guantanamo - New York Times Magazine

Supreme Court Decisions
  - BOUMEDIENE v. Bush
  - RASUL v. Bush & Al-Odah v. United States
  - HAMDI et al. v. RUMSFELD
  - HAMDAN et al. v. RUMSFELD

Amicus Briefs
  - Helen Duffy and William Aceves

 

 

 
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GITMO Detainees Imprisoned Without Due Process.

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Former Guantanamo inmates tell of confessions under 'torture'

By Jennifer Fenton
CNN
October 28,2011

(CNN) -- "You know what this is?" Fouad Al Rabiah asked as he held up a photograph of a cell in Guantanamo. "This is my house for eight years." The cell is small, sterile and resembles a cage. It has a hole in the floor where the toilet is. Al Rabiah, a Kuwaiti father of four, then held up another piece of paper. "This is the first evidence that the United States government had given to the court to tell them that I am the worst of the worst in Guantanamo."

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Cabinet holds weekly session

Kuwait News Agency
October 4,2011

KUWAIT, Oct 4 (KUNA) -- - The cabinet held on Tuesday at Al-Sief Palace its weekly session headed by His Highness the Prime Minister Sheikh Nasser Al-Mohammad Al-Ahmad Al-Sabah. In a statement after the meeting, Minister of State for National Assembly Affairs and Acting Minister of State for Cabinet Affairs Mohammad Al-Busairi said the ministers were briefed on the letter His Highness the Amir received from Morocco King Mohammad VI, which highlighted ways of bolstering relations and joint cooperation between the two countries.

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Review of PM's successful tour

Kuwait News Agency
October 2, 2011

KUWAIT(KUNA) -- His Highness the Prime Minister Sheikh Nasser Al-Mohammad Al-Ahmad Al-Sabah concluded yesterday a successful tour for a number of friendly countries, including the Swiss Confederation, Canada and the United States, where he headed the Kuwaiti delegation representing HH the Amir to the 66th session of the General Assembly of the United Nations in New York.

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Al-Jarallah: Constant dialogue with US to release Guantanamo prisoners

By Wafaa Qansour
Al Watan Daily
September 28, 2011

KUWAIT: Ministry of Foreign Affairs Undersecretary Khaled Al-Jarallah applauded on Monday evening the statements made by Iraqi Minister of Foreign Affairs Houshiar Zibari, who stressed the importance of maintaining good relationships with Kuwait in light of the Mubarak Al-Kabeer Port. Al-Jarallah said that he appreciates Zibari's efforts to have a strong relationship between the two countries, adding that the statements made by Kuwaiti Minister of Foreign Affairs Sheikh Mohammed Al-Sabah for enforcing the decrees of the United Nations stem from his keenness to push Iraq to regain its role among the international society. He noted that there are no developments regarding the port.

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'Ten Years On, Kuwaiti Inmates Fear Indefinite Guantanamo Detention'

By Jennifer Fenton
CNN
August 16, 2011

Abu Dhabi, UAE -- In the summer of 2001, Fayiz Mohammed Ahmed Al Kandari, the eldest son of a large family, left Kuwait to travel to Afghanistan. His stated purpose was to do charitable work, assisting with the reconstruction of two wells and the repair of a mosque. His trip was for the sake of his mother who had cancer so there would be "more blessings from God on her behalf," according to a member of the Al Kandari family. He had traveled to Afghanistan before on charitable work in 1997 -- and to Bosnia in 1994.

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Free Fayiz

The Political Carnival
August 16, 2011

I've done a series of posts on Guantanamo Bay detainee Fayiz Al-Kandari and all things Gitmo for over two years now, and finally, finally, CNN is reporting on him. Please read my summary here, and CNN's excellent post here. And please don't let this story go by the wayside. Imagine if Fayiz were your friend or your child ... At first, my friend Lt. Col. Barry Wingard, Fayiz's attorney, was suspicious of his client. Then he did something very unusual when it comes to a so-called "terrorist" defendant: He changed his mind. After going through all the (very, very thin, hearsay upon hearsay) evidence Barry is convinced, and has been for some time now, that Fayiz is 100% innocent.

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Kuwaiti Gitmo Detainee Fears Indefinite Detention

By John Glaser
AntiWar.com
August 16, 2011

Mohammed Ahmed al Kandari has been in Guantanamo Bay detention center for almost a decade and, according to his lawyer Lt. Col. Barry Wingard, now defending him before a military tribunal, is likely to be detained indefinitely. A Kuwaiti national, Kandari went to Afghanistan in the summer of 2001 to do charity work and was captured by the Northern Alliance, who was paid large sums of money by the U.S. for rounding up Arabs following the invasion in October of that year.

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Who's Still Being Held at Guantanamo?

FreeDetainees.org
June 28, 2011

This is the list of detainees currently held at Guantánamo. McClatchy Newspapers and The Miami Herald consulted court and other public records as well as sources in tandem with secret U.S. military intelligence summaries provided by WikiLeaks to determine who was still being held there:
Fawzi Al-Odah
Fayiz Al-Kandari

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'Everyone Receives a Fair Trial'

By Nawara Fattahova
The Kuwaiti Times
May 12, 2011

KUWAIT: The United States of America has been detaining two Kuwaitis in the Guantanamo prison since 2002. Their families are still waiting for their return. The Kuwaiti government has been actively pursuing this case, and has been corresponding with the American government on their repatriation. Fawzi Al-Odah and Fayiz Al-Kandari have been imprisoned for about 10 years without being tried for specific crimes. In the beginning, 12 Kuwaitis were kidnapped from Afghanistan and detained. During the previous year, 10 were already released and returned to Kuwait. They were subject to investigations. Finally, they were released and were found innocent.

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High Court Turns Away Appeals by Gitmo Detainees

By Lee Ross
Fox News
April 4, 2011

In what would have been the latest in a string of cases stemming from the U.S. government's War on Terror, the Supreme Court passed on an opportunity to hear arguments that would have further determined the legal rights of the detainees kept at the Guantanamo Bay military camp in Cuba.

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Obama, in Reversal, Clears Way for Guantanamo Trials to Resume

By Scott Shane and Mark Landler; Charlie Savage contributed
The New York Times
March 8, 2011

WASHINGTON -- President Obama on Monday reversed his two-year-old order halting new military charges against detainees at Guantanamo Bay, Cuba, permitting military trials to resume with revamped procedures but implicitly admitting the failure of his pledge to close the prison camp.

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MPs Slam State Security Service's Lapses

Kuwait Times
February 5, 2011

KUWAIT: A lawmaker criticized the State Security Service for "wasting time by monitoring bloggers and Twitter users instead of maintaining Kuwait's security." He stressed on security personnel's irresponsibility, especially at a time when MPs have been coordinating to find a solution to discuss the authority's imposition of restrictions on public freedom.

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How Congress Helped Thwart Obama's Plan to Close Guantanamo

By Carol Rosenberg
The Miami Herald
January 22, 2011

Two years after the newly minted Obama administration moved to undo what had become one of the most controversial legacies of the George W. Bush presidency by ordering the closure of the prison camps at Guantánamo Bay, Cuba, a trove of State Department documents made public by the website WikiLeaks is providing new information about why that effort failed.

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Please Sign Petition Asking Eric Holder to Release Fayiz Al-Kandari, a Kuwaiti Aid Worker in Guantánamo

By Andy Worthington
December 1, 2010

Regular readers will know that I have been writing about the incompehensible ongoing detention of Fayiz al-Kandari, one of the last two Kuwaitis in Guantánamo, since last October, when I published a major profile of him, entitled, ?Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari,? in which I described his history of charitable deeds, mentioned the torture and abuse to which he has been subjected in US custody since his capture in Afghanistan in December 2001, where he had traveled as a humanitarian aid worker, and also explained how all the government?s supposed evidence against him is derived from multiple levels of hearsay, because, as a particularly resistant prisoner, al-Kandari has refused to make false confessions throughout his long detention, either about himself or others.

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PETITION for Fayiz Al-Kandari's Immediate Return to Kuwait

Petition Attorney General Eric Holder to Free Fayiz al-Kandari to the Care of the Kuwaiti Government Now!

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'Govt must use all options to hasten Gitmos release'

By Nihal Sharaf
Arab Times
November 9, 2010

KUWAIT CITY, Nov. 8: Kuwaiti Guantanamo Bay detainee, Fayez Al-Kandari was sold to the US forces 10 years ago. He was captured trying to leave Afghanistan where he was doing charity work and is now facing indefinite detention without trial, says his Defense Council, Lt Col Barry Wingard.

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MPs Push for Release of Kuwaitis in Gitmo

By B Izzak
Kuwait Times
November 9, 2010

KUWAIT: The head of the National Assembly interior and defense committee MP Shuaib Al-Muwaizri said yesterday he is prepared to travel among a popular Kuwaiti delegation to Guantanamo to press for the release of the remaining two Kuwaiti detainees in the US military camp. Kuwaiti lawyer Adel Abdulhadi said he will request a meeting with US President Barack Obama through the US embassy in Kuwait and the White House to sit with the president and explain to him the position of the remaining Kuwaiti prisoners in Guantanamo.

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Fayiz Al-Kandari, a Kuwaiti Aid Worker in Guantanamo, Loses His Habeas Petition

By Andy Worthington
Truthout
September 21, 2010

For Fayiz al-Kandari, one of the last two Kuwaitis in Guantánamo, American justice has always been an oxymoron. Although he has maintained - for nearly nine years - that he is an innocent man, and although the U.S. government has no evidence against him, he was put forward for a trial by Military Commission under President Bush, and, last Friday, lost his habeas corpus petition in the District Court in Washington D.C., consigning him, on an apparently legal basis, to indefinite detention in Guantánamo.

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Judge OK's indefinite detention of alleged bin Laden advisor

By Carol Rosenberg
The Miami Herald
September 21, 2010

GUANTANAMO BAY NAVY BASE, Cuba -- A federal judge has rejected the habeas corpus petition of a Kuwaiti man who was designated during the Bush years for a war crimes trial here, raising the government's win-loss scorecard to 17-38 in Guantánamo unlawful detention challenges.

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Editorial in ARABIC

By Lieutenant Colonel Barry Wingard, USAF
Al Rai
August 10, 2010

ARABIC editorial by the lead military attorney representing Fayiz Al-Kandari.

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New Editorials

Please see the newest editorials by Lieutenant Colonel Barry Wingard, USAF, on the Fayiz Al-Kandari page.



Kuwaiti detainees' case getting 'much worse'

By Ahmad Saeid, Staff Writer
Kuwait Times
June 13, 2010

KUWAIT: Lawyers representing the remaining two Kuwaiti detainees being held at the American military base in Guantanamo Bay said that their clients' situations are getting much worse due to the continued conditions imposed by the US administration for their release, and the administration's inclination towards the idea of indefinite detention. The attorneys gave this statement to Kuwait Times during their recent visit to Kuwait.

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Does Obama Really Know Or Care About Who Is At Guantánamo?

By Andy Worthington
Eurasia Review
June 13, 2010

The recently released Final Report of President Obama?s Guantánamo Review Task Force (PDF) was supposed to provide a cogent and definitive analysis of the status of the remaining 181 prisoners, given that it took eleven months to complete, and involved ?more than 60 career professionals, including intelligence analysts, law enforcement agents, and attorneys, drawn from the Department of Justice, Department of Defense, Department of State, Department of Homeland Security, Central Intelligence Agency, Federal Bureau of Investigation, and other agencies within the intelligence community.?

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Empty luxury jail awaits four Guantanamo inmates

By James Calderwood, Foreign Correspondent
The National
June 2, 2010

KUWAIT CITY // Within the grounds of the country?s central prison out in the searing heat of the Kuwaiti desert, there is a compound, ringed by locked gates and security guards, with facilities that might seem luxurious to the estimated 4,000 prisoners detained in regular sections of the jail.

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U.S. Military Lawyers Address Kuwaiti Parliament

English Summaries of Arabic Articles
May 24, 2010

"Al Rai" reports that MP Dr. Walid Al Tabtabani, head of the Parliamentary Human Rights Committee, hosted two U.S. Attorneys assigned to defend the Kuwaiti detainees Fayiz al-Kandari and Fawzi al-Odah at Guantanamo. During the meeting, discussions focused on encouraging the Kuwaiti and U.S. governments to accelerate the release of the detainees. Since all the requirements and conditions have been met by the Kuwaiti government, Kuwait demands freedom for Fayiz Al Kandari and Fawzi Al-Odah.

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Bob Kincaid Interview with Lt. Col. Wingard and LCDR Bogucki

Head-On with Bob Kincaid
May 12, 2010

Interview with Lieutenant Colonel Barry Wingard, USAF, and Lieutenant Commander Kevin Bogucki, JAGC, USN, military lawyers representing Guantanamo Bay detainees.

Download the Windows Audio file


Alan Colmes Interview with Lt. Col. Wingard and LCDR Bogucki

Alan Colmes Radio Show
May 4, 2010

Interview with Lieutenant Colonel Barry Wingard, USAF, and Lieutenant Commander Kevin Bogucki, JAGC, USN, military lawyers representing Guantanamo Bay detainees.

Download the MP3


Interview of Lieutenant Colonel Barry Wingard, USAF

Pacifica Radio (WPFW-FM)
May 4, 2010

Interview with Lieutenant Colonel Barry Wingard, USAF, military lawyer for Fayiz Al-Kandari.

Listen


Virtually Speaking: Special Guantanamo Town Hall

Blog Talk Radio
April 26, 2010

Interview with Lieutenant Colonel Barry Wingard, USAF, and Lieutenant Commander Kevin Bogucki, JAGC, USN, military lawyers representing Guantanamo Bay detainees.

Download the MP3


KUWAIT TIMES:
Obama: Bush Lite on Guantanamo

Reprinted from Huffington Post (below)
April 5, 2010


Obama: Bush Lite on Guantanamo

By Lieutenant Colonel Barry Wingard
Huffington Post
March 31, 2010

During his 2008 campaign, President Obama promised the country "change we can believe in." Yet, more than a year into his administration, he has delivered "more of the same" on issues pertaining to Guantanamo Bay. The island prison is still open, detainees still await trials, and officials have recommended the worst of George W. Bush's policies -- indefinite detention.

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Status unchanged for Gitmo detainee, despite pledges

By Daniel Malloy, Washington Bureau
Pittsburgh Post-Gazette
March 08, 2010

WASHINGTON -- Not much has changed for Fayiz Al-Kandari since Barack Obama became president a little more than a year ago.

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No Justice Forever - America's New Foreign Policy of Indefinite Detention

By Lieutenant Colonel Barry Wingard, USAF
TPM
February 16, 2010

As evidenced by the recent outpouring of generous support for the people of Haiti, America remains a caring and compassionate nation. But when it comes to human rights and the rule of law, the United States falls woefully short, trailing behind the rest of the civilized world. Case in point, the U.S. government is seriously considering indefinite detentions for some Guantanamo detainees.

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My client is better off at Guantanamo ? lawyer

By James Calderwood, Foreign Correspondent
The National
December 19, 2009

KUWAIT CITY // US military lawyers for a Kuwaiti being held in Guantanamo Bay said that Barack Obama?s plan to relocate some of the remaining detainees to an Illinois prison will impede the defence of their client.

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Gitmo attorney counts on govt to demand citizens' release

By Ahmad Saeid, Staff Writer
Kuwait Times
December 16, 2009

KUWAIT: The Kuwaiti government should put in more efforts to secure the release of the remaining two citizens who were captured by US forces shortly after Afghanistan's invasion in 2001. The attorney of a Kuwaiti detainee held at the Guantanamo Bay military spoke to the Kuwait Times on the issue. The Department of Defense Attorney, Barry Wingard, who represents detainee Fayez Al-Kandari said that the judicial process to release Al-Kanderi now faces a dead end after the prosecution 'more than doubled the number of charges that they want to use against Al-Kanderi only one week prior to the hearing of his case by a federal judge.'

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Guantanamo Detainee Fouad Al Rabiah Returned to Kuwait

December 9, 2009

WASHINGTON, DC - The United States today released Fouad Al Rabiah to Kuwait after being held for nearly eight years at Guantanamo Bay. Al Rabiah is an innocent man who was tortured and abused while in U.S. custody.

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Why Many Guantanamo Detainees Ordered Released Are Still Stuck There

By Christopher Flavelle
ProPublica
October 12, 2009

When President Obama took office and ordered the detention center at Guantanamo closed by next January, the biggest challenge was supposed to be the hard cases. Those were the ones in which the detainees were too dangerous to be let go but in which the evidence was insufficient for an American court, or had been obtained through torture, or would endanger national security if it became public. But a case decided last month in a Washington, D.C., federal court shows that for the Obama administration, the far easier cases?in which a judge has ordered a detainee released because there's no evidence he poses a danger?can also be hard.
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A Truly Shocking Guantanamo Story: Judge Confirms That an Innocent Man Was Tortured to Make False Confessions

By Andy Worthington
September 30, 2009

In four years of researching and writing about Guantánamo, I have become used to uncovering shocking information, but for sheer cynicism, I am struggling to think of anything that compares to the revelations contained in the unclassified ruling in the habeas corpus petition of Fouad Al Rabiah, a Kuwaiti prisoner whose release was ordered last week by Judge Colleen Kollar-Kotelly (PDF). In the ruling, to put it bluntly, it was revealed that the U.S. government tortured an innocent man to extract false confessions and then threatened him until he obligingly repeated those lies as though they were the truth.
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Judge's order to release Kuwaiti detainee puts Obama in a bind

By Carol Rosenberg
The Miami Herald
September 30, 2009

WASHINGTON - A year ago, an Air Force prosecutor swore out charges of conspiracy and providing material support to a terrorist organization against Fouad Al Rabiah, a 50-year-old Kuwaiti aviation engineer who was seized by U.S. forces in Afghanistan nearly eight years ago.
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Analysis: Critique of detainee confessions

By Lyle Denniston
SCOTUSBLOG
September 26, 2009

Of the 38 decisions so far by federal judges implementing the Supreme Court?s mandate in Boumediene v. Bush to test the legality of Guantanamo Bay detentions, the most critical assessment of government evidence has just emerged, in Al Rabiah v. U.S. (District Court docket 02-828). Decided on Sept. 17, but just released Friday in an unclassified version, the 65-page ruling by Judge Colleen Kollar-Kotelly is measured in tone but sweeping in impact. Despite heavy deletions, blacking out many details, what remains is a withering denunciation of military and intelligence data.
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U.S. judge orders Kuwaiti held at Guantanamo freed

By Jeremy Pelofsky
Reuters
September 17, 2009

WASHINGTON (Reuters) - A U.S. judge on Thursday ordered the Obama administration to release another Kuwaiti detainee held at the controversial U.S. military prison at Guantanamo Bay, Cuba.

Judge Colleen Kollar-Kotelly ordered that Fouad Al Rabiah be released . . .
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Lawyer: U.S. hampers bid to clear Guantanamo detainee

By Jeremy Pelofsky
Reuters
August 12, 2009

WASHINGTON (Reuters) - A U.S. military lawyer for a Kuwaiti detainee held at the American prison at Guantanamo Bay charged on Wednesday the Obama administration was hampering his efforts to clear his client's name.

Navy Lieutenant Commander Kevin Bogucki said the U.S. State Department would not issue him clearance to travel on Friday to Kuwait, where he planned to hold a news conference outlining the case involving his client, Fouad Al Rabiah.

Al Rabiah was an engineer for Kuwaiti Airlines and has spent seven years at the U.S. detention camp in Guantanamo Bay, Cuba, where he stands accused of conspiracy and providing material support to the Taliban and al Qaeda. His military lawyer said the charges were false and that it was a case of mistaken identity.
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The Wrong Track on Terror

By Haviland Smith
The Baltimore Sun
January 25, 2008

America needs to develop a rational policy for dealing with terrorism.

Almost everything we are doing today is counterproductive. Our actions and attitudes create more radical Muslim terrorists and encourage moderate Muslim passivity toward those terrorists and their operations.

Let us accept, for a moment, as true the Bush administration's claim that the techniques and tools that diminish our civil liberties at home and our reputation abroad are worth it because they have stopped terrorist attacks. Even then the argument fails, for such actions represent a tactical response to a strategic threat. They may stop the occasional attack, but they won't address the fundamental issue.
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Closing time - Guantanamo prison serves harm, not good

Cox News Service
January 24, 2008

As chairman of the Joint Chiefs of Staff, U.S. Navy Adm. Mike Mullen has a voice that demands attention on issues regarding the nation's military. And President Bush should heed his advice to close the prison at Guantanamo Bay, Cuba, as a way of restoring influence and moral authority to the American mission abroad.

The installation became a flash point quickly after the invasion of Afghanistan as the United States began shipping suspects deemed to be the most dangerous to the facility for imprisonment and interrogation. At its height, the inmate population exceeded 600.
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Bush to "seriously" look into return of Kuwaitis in Gitmo - Kuwait FM

Kuwait News Agency
January 11, 2008

By Eman Al-Awadhi KUWAIT, Jan 11 (KUNA) -- US President George W. Bush has promised to "seriously" take into consideration Kuwait's request for the return of its four citizens held in Guantanamo prison, said Kuwait's Deputy Prime Minister and Foreign Minister Sheikh Dr. Mohammad Sabah Al-Salem Al-Sabah on Friday.

"His Highness the Amir brought up the issue of Kuwaitis detained in Guantanamo ... and President Bush promised to take this request into serious consideration and notify us as soon as possible with measures that will be taken in this regard," he told KUNA following a meeting between the two leaders at Dar Salwa.
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