Detainee, who the CIA admitted it had waterboarded and who has never been charged with a crime, appears for first time in 14 years at quasi-parole hearing

His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien.

It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago. He is one of three men that the CIA admits it waterboarded at an unknown prison in Thailand.

But during the publicly open portion of a quasi-parole hearing to consider his release from the prison at Guantánamo Bay, there was no mention of the torture endured by the 45-year-old Palestinian, who has never been charged with a crime.

There was, however, a black eyepatch hanging around his neck. Abu Zubaydah lost sight in one eye some time after he was taken into custody in disputed circumstances. On Tuesday, he could be seen occasionally swapping one pair of spectacles for another as he read documents about his case.

Such hearings have become increasingly frequent as Barack Obama, frustrated by Congress, wages a war of attrition to shut down Guantánamo through prisoner transfers. From a peak population of 684 inmates in 2003, the total is now down to 61, 20 of whom have been approved for transfer.

But Abu Zubaydah, with his deep knowledge of CIA torture, poses potentially the biggest hurdle yet on that particular route. Joe Margulies, one of his lawyers, described the multi-agency periodic review board hearing as “just a formality, a ritual”, adding: “Abu Zubaydah will not be released.”

Facebook Twitter Pinterest Zayn al-Abidin Muhammad Husayn, a Palestinian known as Abu Zubaydah. Photograph: MCT via Getty Images

The first 10 minutes of proceedings were transmitted live from Guantánamo to journalists and representatives of legal and human rights watchdogs in a sealed room at the Pentagon in Arlington, Virginia. After a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table.

Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.

Abu Zubaydah sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman. He played a “key role” in al-Qaida’s communications with supporters and operatives abroad in the 1990s, it said, and closely interacted with its second-in-command at the time, Abu Hafs al-Masri.

Abu Zubaydah “possibly” had some advanced knowledge of the bombings of the US embassies in Kenya and Tanzania in 1998 and the USS Cole bombing in 2000, the profile continued. He was also “generally aware” of the impending 9/11 attacks and “possibly coordinated” the training at Khaldan camp of two of the hijackers.

He “most actively plotted attacks against Israel, enlisting operatives from various militant groups, including al-Qaida, to conduct operations in Israel and against Israeli interests abroad. He was convicted in absentia by the Jordanian government for his role in planning attacks against Israeli, Jordanian and western targets during the millennium time frame in Jordan.”

The document also said that, following 9/11, Abu Zubaydah sent operatives to al-Qaida senior member Khalid Sheikh Mohammed to discuss the feasibility of exploding a radiological device in the United States, and supporting remote-controlled bomb attacks against US and coalition forces in Afghanistan.

But since his arrival at Guantánamo in 2006, it continued, Abu Zubaydah has shown “a high level of cooperation” with staff and served as a cell block leader, assuming responsibility for communicating detainees’ messages and grievances to the staff and maintaining order among them.

He “probably retains an extremist mindset”, it argued, but “has not made such statements recently, probably to improve his chances for repatriation”. He has condemned atrocities perpetrated by Islamic State and the killing of innocent people.

One of the personal representatives then read out an opening statement on behalf of Abu Zubaydah, saying he “has expressed a desire to be reunited with his family and begin the process of recovering from injuries he sustained during his capture. He has some seed money that could be used to start a business after he is reintegrated into society and is living a peaceful life.”

He “has stated that he has no desire or intent to harm the United States or any other country, and he has repeatedly said that the Islamic State is out of control and has gone too far,” it added.



With that, and no reference to waterboarding or torture, the cameras were switched off ahead of a classified section of the hearing likely to last some hours. A decision from the board on whether Abu Zubaydah is eligible for transfer is expected in about 30 days. The CIA has said he ought to be held incommunicado until he dies.

Margulies, a professor at Cornell Law School, who was not present, expressed pessimism. “It’s all show, it’s all theatre,” he said. “Here’s the bottom line. Since Barack Obama took office, there is no one more different – who they thought he was and who he is – than Abu Zubaydah. He has done nothing that authorises his continued detention. It is morally and legally unjustified.”

Abu Zubaydah was a human guinea pig for the CIA torture regimen drawn up by contractor psychologists James Mitchell and Bruce Jessen, now facing a federal lawsuit brought by later victims. Initially thought to possess vital information on al-Qaida and its plots, Abu Zubaydah was waterboarded 83 times, kept awake, held naked and forced into a wooden box little bigger than a coffin.

He now describes himself as a “broken man”, Margulies added. “I once had hopes that the US would have a thoughtful, fair examination of Abu Zubaydah’s torture but no longer because of the lengths this administration has gone to protect the CIA.”

Kat Cosgrove, a national security team associate at Human Rights First, was present at Tuesday’s Pentagon viewing. “I personally think they should have made mention of the torture he suffered,” she said. “It played such a part in his detention and why we know his name. To not discuss it is an intentional oversight on the part of the government and I think it should have at least been noted.”

She added: “Being held for as long as he’s been held without charge is a problem. It’s a problem with a number of detainees at Guantánamo. That’s why this process is so important.”

The number of periodic review board hearings has “increased dramatically” from one or two a month to two per week, Cosgrove noted. “We have been advocating for such an increase. It’s part of the plan to ultimately close the detention facility.”



That the goal can be achieved before Obama leaves office in January remains highly doubtful. But his press secretary, Josh Earnest, said on Monday: “The president is still aiming to close the prison at Guantánamo Bay by the end of his term.”