Tolfiq Nassar Ahmed Al Bihani

Tolfiq Nassar Ahmed Al Bihani (; born June 1, 1972) is a Yemeni citizen born in Saudi Arabia who was held in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 893.

The United States Senate Intelligence Committee's report on the CIA's use of torture confirmed that al Bihani had been held in the Central Intelligence Agency's network of black sites, where he had been subjected to torture.

Al Bihani arrived at Guantanamo on February 7, 2003, and was held there, without charge, for 22 years.

Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives. Al Bihani had a writ of habeas corpus filed on his behalf, but the Department of Defense did not publish it with the others.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".

Protective order

On July 15, 2008, Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of Al Bihani and several dozen captives. The petition would prevent the Department of Defense from transferring him out of US jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment—even though they had active habeas corpus petitions.

Habeas timeline

George M. Clarke III swore a declaration on September 9, 2008, stating that Al Bihani's brother Adnan Al Bihani, serving as "next friend" initiated the habeas corpus process, in a letter dated June 17, 2005. Clarke and other attorneys formally filed the petition on December 14, 2005. Al Bihani had initially declined to sign a form authoring Clarke to serve as his counsel in 2005. However, when Clarke was able to meet with him on March 28, 2007, Al Bihani verbally authorized him to serve as his counsel, and he followed up that verbal authorization with a letter authorizing him to serve as counsel.

Named by the US Senate as one of the CIA's captives subjected to torture, without authorization

On December 9, 2014, the United States Senate Intelligence Committee published the 600-page unclassified summary of a 6,000-page report on the CIA's use of torture. It reported that this individual had fought in Chechnya, lived in Afghanistan, until the fall of the Taliban, had been captured in Saudi Arabia, transferred to Yemen, where he escaped from Prison, and finally travelled to Somalia, where he died fighting for jihadists. It reported he had two brothers in Guantanamo.

Status during the Donald Trump administration

Observers noted that President Barack Obama's administration made a push to transfer as many individuals from Guantanamo, as possible, during his last year.