Bali Bombings: United States repatriates two Malaysian detainees from Guantanamo Bay after plea deal

The United State has transferred two Malaysian detainees at the Guantanamo Bay US military prison to their home country, after they pleaded guilty to charges related to deadly 2002 bombings in Bali and agreed to testify against the alleged ringleader of that and other attacks.

The transfers, and the repatriation Tuesday of a Kenyan man who’ had been held at Guantanamo for 17 years without charge, come as rights groups and others push the Biden administration to end the detention of more than a dozen other men held there without charge, and amid uncertainty over the incoming Trump administration’s plans for Guantanamo.

Prosecutors say Mohammed Farik bin Amin and Mohammed Nazir bin Lep worked for years with Encep Nurjaman, known as Hambali, an Indonesian leader of al-Qaeda affiliate Jemaah Islamiya. That includes helping Nurjaman escape capture after October 12, 2002 bombings that killed 202 people - including 88 Australians - at two night spots in Bali, US officials said.

The two men entered guilty pleas to conspiracy and other charges in January.

A spokesperson for Australian Foreign Minister Penny Wong said this would likely be “distressing” news for victims and that Australia was attempting to seek guarantees over the men’s movements.

“We recognise that this news will be distressing for the survivors and families of victims of terrorist attacks, especially the 2002 Bali bombings,” the spokesperson said.

“While the arrangements for the transfer are a matter for the Malaysian and US governments, we have sought assurances from the Malaysian Government that the individuals will be subject to ongoing supervision and monitoring.”

Their transfer comes after they provided testimony that prosecutors plan to use in the future against Nurjaman, the alleged mastermind, the Pentagon said on Wednesday.

Nurjaman is in custody in Guantanamo awaiting resumption of pre-trial hearings in January involving the Bali bombings and other attacks.

The two Malaysian men’s transfers leave 27 detainees in custody at the US naval base in Guantanamo Bay.

President George W Bush set up a military tribunal and prison after the September 11, 2001 al-Qaeda attacks on the US.

At its peak, Guantanamo detained hundreds of men, most Muslim, in the US military’s “war on terror” after the September 11 attacks.

Just two of the men at Guantanamo are serving sentences. US prosecution of seven others currently facing charges has been slowed by legal obstacles — including those presented by the torture of the men in their first years under CIA custody - and logistical difficulties.

On Tuesday, US authorities repatriated a Kenyan man, Mohammed Abdul Malik Bajabu, after 17 years at Guantanamo without charge.

His release leaves 15 other never-charged men awaiting release. The US says it is searching for suitable countries willing to take them. Many are from Yemen, a country split by war and dominated by an Iranian-allied militant group.

Amnesty International urged President Joe Biden to end the detention of those never-charged men before he leaves office.

If not, the rights group said in a statement, “he will continue to bear responsibility for the abhorrent practice of indefinite detention without charge or trial by the US government.”