(January 17, 2017 St.Johnsbury, VT) – Abdul Zahir, derisively known as ISN 753 during his
14 years as a detainee at Guantanamo Bay, was transferred to Oman on Sunday, January 15,
2017. Zahir was cleared for transfer by the Periodic Review Secretariat on July 11, 2016 after
a daylong hearing before the Periodic Review Board (PRB) in June at the Naval Base.
In clearing Zahir for transfer, the PRB noted that his detention had been predicated upon
“mistaken identity.” That is, Zahir was suspected to have been an Al Quaeda bomber. He was
not. The PRB noted:
Abdul Zahir (AF-753) was an Afghan insurgent captured by US
military forces in July 2002 during a raid targeting an individual
named Abdul Bari- an alias used by AF-753- who was believed to
be involved in the production and distribution of chemical or
biological weapons for al-Qa'ida. Because of Abdul Bari's efforts to
coordinate a shipment of unspecified items on behalf of the Taliban,
US military forces targeted a compound in Hesarak village, Logar
Province, Afghanistan, and captured AF-753. US forces recovered
samples of unknown substances in the raid, including a white
powder, that were initially believed to be chemical or biological
agents, although other information later proved the samples to have
been salt, sugar, and petroleum jelly. While AF-753 subsequently
admitted during interviews to using the alias Abdul Bari on the
phone-a fairly common name in the country- he ultimately provided
no actionable information relative to al-Qa'ida's weapons network,
and we assess that AF-753 was probably misidentified as the
individual who had ties to al-Qa'ida weapons facilitation activities.
For 10 years lawyers have sought to have Zahir released or, at the
very least, tried in a fair hearing. Vermont lawyer Robert Gensburg
initially challenged Zahir’s confinement in a Habeas Corpus action.
That proceeding proved futile. To this day, the court presiding over
the habeas action has defense motions that have been pending years
without decision.
Zahir was notified that he would face trial before a military commission. Gensburg was then
joined by fellow Vermont lawyer David Sleigh and military co-counsel, Lt. Col. Sterling
Thomas, to prepare for the trial that was never to be. Years went by as the team literally
pleaded with the Government to charge Zahir so that he could have a fair hearing before
some tribunal, confident that Zahir would be cleared.
Finally, in June 2016, Zahir was given his first chance to plead his case. Shortly thereafter, he
was cleared for today’s transfer.
Throughout his ordeal, Zahir, married and the father of three sons, suffered enormously. His
mental and physical health was, at times, seriously compromised. Never the less, Zahir has
remained a thoughtful, generous and insightful man. Nearly miraculously, he has not become
embittered or vengeful. He is, however, no longer “ISN 753.”