At his 2015 Periodic Review Board hearing, the DoD acknowledged that they had realized that Shamiri had been held due to a misidentification.[7]
According to NBC News, Guantanamo analysts explained the identity confusion by admitting their colleagues had relied on "fragmentary reporting" that linked him to volunteering in the civil war that led to Bosnian independence during the breakup of Yugoslavia.[8]
With regard to the more serious allegations that had been used to justify his detention, they now admitted: "we now judge that these activities were carried out by other known extremists".
In January 2016, he was "cleared for release".[9]
This does not imply that he will actually be released; many other detainees that have been "cleared for release" have little prospect of ever obtaining their freedom.[10]
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.[11]
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.
Office for the Administrative Review of Detained Enemy Combatants
Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges ... fought for the Taliban."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri was listed as one of the captives who was an "al Qaeda operative".[15]
Mustafa Abd al-Qawi Abd al-Aziz al-Shamiri 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."[15]
^
Greg Myre (2017-01-16). "10 Guantanamo Prisoners Freed In Oman; 45 Detainees Remain". National Public Radio. Retrieved 2017-01-17. The freed prisoners were not identified by name or nationality, though the Oman News Agency, citing the country's Foreign Ministry, reported that the 10 had arrived in the country on Monday for "temporary residence."
^Carol Rosenberg (2017-01-16). "U.S. sends 10 Guantánamo captives to Oman". Miami Herald. Archived from the original on 2017-01-17. A Pentagon official who spoke on condition of anonymity confirmed that the transfer had taken place, downsizing the detainee population to 45. Neither Oman nor the official provided the identities of the 10 men who were sent there.
^ ab"U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.