The two detainees, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, who were in detention for 14 years after being linked with terrorist group Al-Qaeda, were brought to Ghana in 2016, for a period of two years.

[contextly_sidebar id=”gTD8TFI3eWRAiedW8KHzZ4tjO1ql8pcS”]They were released as part of efforts to close down the US-operated Guantanamo Bay prison, which is known to have had a questionable human rights record over the years.

The move was criticized by many observers including the then-in-opposition New Patriotic Party, who described the two as a security threat despite assurances to the contrary by the US.

Two citizens; Margaret Bamful and Henry Nana Boakye, further sued the former Attorney General and the Minister of Interior contending that the two were being hosted illegally.

The two were justified by the Supreme Court, which declared as unconstitutional the agreement between the Mahama government and the United States.

The apex court ordered the government to send the agreement to Parliament for ratification or have the two detainees sent back to the US.

According to the judgment, the Mahama government needed the approval of Parliament before entering into any international agreement, just as in the case of the two detainees.

When the matter came up for discussion in Parliament, the House was informed that the agreement that was reached under a note verbale and Memorandum of Understanding.

A note verbale is a piece of diplomatic correspondence prepared in the third person and unsigned.

Indications are that the two governments opted for a less formal mode of communication and agreement because of security considerations.

The President of IMANI Africa, Franklin Cudjoe, who was briefed ahead of Ghana’s decision to host two former Guantanamo Bay detainees said he felt the processes leading up to the move were necessary, despite their hosting being declared illegal.

A former Member of Parliament George Loh, who during his time Parliament, was privy to sensitive information on the matter, noted that due diligence, security-wise, was done on the matter and key stakeholders were briefed ahead of the transfer of the two Yemen nationals.

Mr. Loh continued to explain on a Citi News platform that, “some of the things are so security sensitive that you cannot come and run your mouth in the public domain. A lot of the things are done at a security level. American security will not put anything in writing and send formally for somebody to intercept and put out there.”

When the Minister for Foreign Affairs, Shirley Ayorkor Botchway, indicated in Parliament that Akufo-Addo administration had not altered the formal agreement between Ghana and the United States over the two, she had essentially confirmed that, the January 6, 2018, expiry date remained.

“Mr. Speaker, we have not changed anything. In the note verbale that were exchanged between the two countries. Indeed there was no agreement. The whole transaction was done through what we call a note verbale from both sides. What we have done is to attach all those documents.”

Possible stay after expiry

Per the statement released at the time from the then-Minister for Foreign Affairs, Hanna Tetteh, on January 6, 2015, the government did not explicitly state that the former detainees would necessarily have to leave the country after the agreement expired.

The statement said the two may leave the country after the two year period, suggesting the decision was in their hands.

“At the request of the US Government, we have also agreed to accept two detainees of Yemeni origin who were detained in Guantanamo but who have been cleared of any involvement in any terrorist activities and are being released. They are unable to return to Yemen at the moment and we have indicated our readiness to accept them for a period of two years after which they may leave the country,” the statement said.

During their two year stay under the agreement, the US are said to have provided about $300,000 for the two Yemeni’s upkeep, which comes to about GHc 1,362,000.

In 2017, it emerged that Bin Atef had gotten married during his short stay in the country. Bin Atef’s wife, Haia, is a Yemeni national, and they are believed to have gotten married sometime in March 2017, according to his lawyer.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post Deal for Gitmo 2 stay in Ghana expires appeared first on Citi 97.3 FM - Relevant Radio. Always.

Although he failed to give details on what transpired, according to Mr. Cudjoe, he was again contacted during the heat of the discussion around the two in Ghana.

“In the heat of the public uproar, I was briefed. I actually got a call all the way from the States. I got two calls; one possible just immediately before they [ex-detainees] were brought in and when the matter became public as well, I got a call,” he disclosed on Citi FM’s news analysis programme, The Big Issue on Saturday.

Mr. Cudjoe made this known after a former NDC MP, George Loh, in his attempt to justify his position that the government consulted relevant stakeholders, mentioned the name of the Imani President.

[contextly_sidebar id=”eGVyRqYzeTqqZPJ7An93GCEk0pEvPOdb”]The two detainees, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, among others, were under detention in US custody for 14 years after being linked with terrorist group Al-Qaeda.

The erstwhile Obama government, in its bid to reintegrate them into society, deployed them to other countries, including Ghana, in January 2016 for a two years’ stay.

However, the arrival of the two generated massive public uproar in Ghana with many putting pressure on the Ghanaian government to return them to the US.

The Ghana government was also sued over the matter for not seeking approval from Parliament, since the pact was in the category of international agreements.

Last Thursday, the Supreme Court described as unconstitutional the agreement between the then Mahama government and the United States, which saw two Guantanamo Bay detainees brought into the country without Parliamentary approval.

The court, therefore ordered that the government must within the next three months send the agreement to Parliament for ratification or have the two detainees sent back to the United States.

‘Secrecy’ in Gitmo 2 transfer was necessary – Franklin Cudjoe

But Franklin Cudjoe said he felt the ‘secretive’ nature of the processes leading up to hosting the two former detainees in Ghana were necessary.

According to him, the deal was rushed and kept under wraps by the US for fear that the matter would become too political, in addition to further security concerns.

“This decision was not taken lightly. In fact, one of the major reasons all of this was hurriedly done, and probably hushed, was because the United States government was worried that not even domestic lawmakers or advocates or civil society were going to be up in arms against it, but they were more worried about US lawmakers.”

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post I was briefed on GITMO 2 arrival – Franklin Cudjoe appeared first on Citi 97.3 FM - Relevant Radio. Always.