Malaysia’s Guantanamo Bay Connection – The Diplomat

Two Malaysian citizens, Mohammed Farik bin Amin and Mohammed Nazir bin Lep, have been held in the U.S. Guantanamo Bay detention camp for 21 years. Calls for their release have grown in recent years. Farik was arrested in June 2003, while Nazir was arrested in August 2023. Nazir was held at the same time as Hambali, a senior leader of Jemaah Islamiyah (JI) who masterminded the 2002 Bali bombings. Both Farik and Nazir were members of the JI terrorist group and pleaded guilty in early 2024 to their roles in the Bali bombings. The prospects for a quick return home now depend on diplomatic communication between the U.S. and Malaysian governments.

Arrest and trial

Farik and Nazir were initially held in secret CIA prisons, notorious for torturing terror suspects. Both were reportedly tortured before being transferred to Guantanamo Bay in 2006. After their transfer, they both appeared before Combatant Status Review Tribunals, but were not heard until August 2016, when their cases were heard by the Periodic Review Boards. In 2016, it was also reported that talks had taken place between the Malaysian government and the then-Obama administration regarding the two detainees. It was not until 2017 that formal charges were filed against them by U.S. military prosecutors, but these were dismissed by Pentagon officials for unknown reasons. It was not until 2021 that the Malaysian duo appeared before a judge, but the trial stalled due to problems with the court interpreter.

In October 2023, both Farik and Nazir’s cases were separated from Hambali’s after they agreed to plea bargains to complicity in the 2002 Bali bombings. It is believed the plea deals were facilitated during a 2023 visit to Guantanamo Bay by a Malaysian delegation including Home Minister Saifuddin Nasution Ismail and Police Inspector General Razarudin Husain. Following this, both were given trial dates in January 2024. As part of the plea deal, charges related to the 2003 Jakarta Marriott Hotel bombing were dropped. A military jury sentenced them to 23 years in prison, and under the plea deal, they could be released in 2029.

Challenges and implications

While it is a positive sign that Malaysia is taking responsibility and repatriating these two men, many challenges are likely to follow. The controversial manner in which the US has held terrorism-related prisoners, most of whom are not US citizens, for so long and under harsh conditions has generated antagonism towards the US and the West and has served as a powerful source of radicalisation for extremists elsewhere, including in Southeast Asia.

Both Farik and Nazir are said to have embellished their status as powerful figures in the jihadist world. In jihadist circles, there is a good chance that both will be hailed as “heroes” and “jihadist knights” for surviving Guantanamo Bay under brutal conditions and returning home to Malaysia alive. They will be able to share their own stories of how they were tortured at Guantanamo Bay by the “infidel” Americans, something that could potentially be used as a narrative by radical and extremist Muslim groups.

A major argument and justification for Islamist terrorist acts is the “unjust” world that most Muslims live in, and the experiences of both Farik and Nazir would be a powerful living testimony to this story. Both Farik and Nazir could become powerful symbols and magnets for jihadism in Malaysia, especially after the recent Ulu Tiram terrorist attack. Therefore, it would be the utmost duty of Malaysia to keep a close eye on their movements and interactions in Malaysia, possibly with foreign jihadists. Their interaction with the “wrong crowd” could open the door to converting new individuals to the jihadist cause or even play a role in recidivism for former extremists and terrorists.

While it is important that Malaysia cares for its citizens, including those held abroad for transnational crimes, the detention of both Farik and Nazir is not a simple case of crime and punishment. The return of Farik and Nazir to Malaysia should be welcomed, but it also carries many risks that must be taken into account by the authorities. Mostly, their cases are a lesson to anyone involved in terrorism about what governments can and cannot do. It is Malaysia’s responsibility to ensure that both men undergo a rigorous rehabilitation and deradicalisation programme as high-risk individuals.

Malaysia has historically developed well-tested and effective tools in its previous wars with communists and various other radical groups to deradicalize such individuals and, more importantly, rehabilitate and integrate them into society at large. Given the various extremist groups linked to the JI and the so-called Islamic State, as well as other radical groups operating in the country, Malaysia must demonstrate its ability to rein in such individuals who have been involved in serious crimes in the past to ensure their long-term rehabilitation.

This will instill continued confidence in Malaysia’s counter-terrorism and deradicalisation policies and will remind other governments in the region considering repatriating their most radical citizens that holistic efforts and resources are needed to transform their once former citizens into good and productive members of society.