Former Guantánamo detainee Saeed Bakhouch has been sentenced to three years in prison on terrorism charges in Algeria, according to his lawyers. This sentencing comes despite assurances from the U.S. State Department that he would be treated appropriately and humanely after being repatriated from Guantánamo. Bakhouch, who was transferred out of the military prison under the Biden administration, had never been charged with a crime. His American lawyer, Candace Gorman, claims that he was a victim of torture at the hands of the U.S. and suffered mental deterioration during his 20 years of arbitrary detention.
Upon his arrival in Algeria, Bakhouch was immediately taken into custody by Algeria’s internal security forces, which is a standard procedure for Algerian detainees returning from Guantánamo. However, due to his vulnerable state and recent mental deterioration, Gorman had expressed concerns about his well-being. Despite these concerns, Bakhouch was held incommunicado and subjected to intense interrogation without legal representation.
According to Sofiane Chouiter, a Canada-based attorney providing legal support to Bakhouch, a transcript of the interrogation by Algerian intelligence services revealed that Bakhouch began agreeing with all the accusations made against him. However, the transcript does not include the initial part of the interrogation when Bakhouch denied ties to Al Qaeda and Osama bin Laden. In October, Bakhouch recanted his testimony before an investigative magistrate and pleaded not guilty at his most recent trial.
The treatment of Bakhouch raises questions about the U.S. government’s responsibility for his welfare even after his transfer to Algeria. According to United Nations Special Rapporteur on Counter-Terrorism and Human Rights Ben Saul, holding a detainee without contact to the outside world is considered an enforced disappearance and is prohibited by international law. Saul emphasizes that detainees should be promptly given access to a lawyer and allowed to communicate with their families. Algerian officials admitted that Bakhouch was not allowed access to a lawyer or family calls until his 13th day of detention.
The U.S. State Department’s role in Bakhouch’s transfer and the subsequent lack of monitoring and safeguards have been criticized. Diplomatic assurances must be effective and accompanied by monitoring to ensure they are enforced in practice, according to Saul. The U.S. bears responsibility for ensuring that its assurances are followed through on, especially in countries where there is a risk of serious rights abuses.
Bakhouch’s case highlights the ongoing legal challenges and stigma faced by former Guantánamo detainees. With 30 detainees still held at Guantánamo, including 16 cleared for release, the Biden administration faces the task of resolving these issues. The U.S. government has called for the repeal of Algeria’s Article 87, which has an excessive definition of terrorism.
Despite being released in October and reunited with his family after 20 years apart, Bakhouch expressed remorse about his initial admissions during the interrogation. His U.S.-based lawyer, Candace Gorman, filed an affidavit detailing the physical and psychological torture he endured in Guantánamo. The affidavit described severe beatings, threats of execution, sexual taunting, and humiliation. Gorman maintains that Bakhouch is not a terrorist.
The case of Saeed Bakhouch underscores the issue of torture and its impact on false confessions. The U.S. government has acknowledged that torture does not produce useful information. Bakhouch’s history of making false statements under duress further complicates his case. Despite advocacy from the United Nations and legal assistance, Bakhouch was ultimately sentenced to prison.
According to Gorman, there are no good options for former Guantánamo detainees, as many have been treated as pariahs due to U.S. propaganda. The challenges faced by these individuals highlight the need for rehabilitation and reintegration measures rather than further punishment.
