Human Rights groupReprieve reports that flight records show two captives named Al-Sharqawi and Hassan bin Attash were flown from Kabulin September 2002. The two men were flown aboard N379P, a plane suspected to be part of the CIA's ghost fleet. Flight records showed that the plane originally departed from Diego Garcia, stopped in Morocco, Portugal, then Kabul before landing in Guantanamo Bay. The Guardian reports that one of the two men has been released from US custody. A differing report shows Sharqawi was arrested by the CIA in Karachi, Pakistan, in February 2002, and rendered to Jordan. He was transferred to Afghanistan in January 2004, where he was held at the CIA-run Dark Prison, then at Bagram Air Base, and then finally transferred to Guantanamo in September 2004.
Extraordinary rendition
Al Haji Abdu Ali Sharqawi has written that after his capture, in February 2002, in Pakistan he spent two years in CIA custody in foreign interrogation centres, prior to his transfer to Guantanamo, in February 2004: He writes that he spent 19 months in Amman, Jordan, and then five months in a secret interrogation centre. While in Jordan he had been handed over to the custody of Jordan's General Intelligence Department. He wrote:
Official status reviews
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. 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.
Al Hajj Abdu Ali Sharqawi was listed as one of the captives who "The military alleges... are members of Al Qaeda."
Al Hajj Abdu Ali Sharqawi was listed as one of the captives who "The military alleges... were at Tora Bora."
Al Hajj Abdu Ali Sharqawi was listed as one of the captives who "The military alleges... served on Osama Bin Laden’s security detail."
Al Hajj Abdu Ali Sharqawi was listed as one of the captives who was a member of the "al Qaeda leadership cadre".
Al Hajj Abdu Ali Sharqawi 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."
Habeas Corpus
In June 2011, a federal Judge ruled that the Obama administration can not use certain statements Sharqawi gave to justify his detention because the government did not rebut claims of torture in Jordan and Afghanistan. But the same judge rejected a defense attempt to suppress an incriminating statement Sharqawi made before his claims of torture.
When he assumed office in January 2009, President Barack Obama made a number of promises about the future of Guantanamo. He promised to institute a new review system. 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. Sharqawi Abdu All Al Hajj was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Hajj was denied approval for transfer on 14 April 2016.
