Following the United States Supreme Court's ruling in Rasul v. Bush (2004) that detainees had the right under habeas corpus to challenge their detention before an impartial tribunal, transfers to Guantanamo decreased.
Nineteen "high value detainees" have been transferred by the CIA to Guantanamo since September 2006, as the administration restricted their access to outside counsel and courts under the Military Commissions Act of 2006. This provision of the act was declared unconstitutional by the Supreme Court in Boumediene v. Bush (2008), which said detainees had the right of access to federal courts for habeas corpus challenges. As of February 24, 2010, the camp population stood at 188.[2]
On February 24, 2010, Albania accepted the transfer of three former detainees, a Libyan, an Egyptian, and a Tunisian.[2]
His case was considered by two Combatant Status Review Tribunals. The first Tribunal in November 2004 determined he had not been an "enemy combatant" and there was no evidence of al-Qaeda involvement. A second Tribunal was convened 55 days later with new members, in Washington, at which neither the detainee nor his representative was present. Claiming new "secret" information, the tribunal in January 2005 found him to be an enemy combatant. His attorney reviewed the files in 2006 and found there was no new information, secret or otherwise, and described the ruling as a "kangaroo court."[21][22] No charges were ever filed against him.[23]
His lawyer, Clive Stafford Smith, the legal director of Reprieve alleges that Deghayes was blinded by pepper spray used by guards inside the Guantanamo prison.[25]
^ ab"Guantanamo four arrive in Europe". BBC News. 2010-02-24. Retrieved 2010-02-24. A Tunisian, Egyptian and Libyan were sent to Albania, while a Palestinian was sent to Spain. The Palestinian is the first of five inmates that Spain has agreed to take. Albania has taken eight detainees.
^ ab
Charlie Savage (2016-04-04). "2 Libyan Guantánamo Inmates Are Transferred to Senegal". New York Times. Archived from the original on 2016-04-04. Retrieved 2016-04-04. The United States military has transferred two Libyan detainees to Senegal from its wartime prison at Guantánamo Bay, Cuba, government officials said on Monday, the first time Senegal has resettled a Guantánamo prisoner.
^OARDEC (September 4, 2007). "Index for testimony"(PDF). United States Department of Defense. Archived from the original(PDF) on December 3, 2007. Retrieved 2007-09-29.