Story highlights
- About 17% of Gitmo detainees return to terrorist activities, report says
- As of last month, the Guantanamo Bay detention facility had 154 detainees
- Not everyone at Guantanamo Bay has been found guilty of terrorism
Guantanamo Bay detainees have long been considered America's most dangerous enemies.
So what happens when they walk free -- like the five detainees swapped for U.S. Army Sgt. Bowe Bergdahl?
Do they return to terror activities or transition to quiet, private lives away from the mayhem?
Well, it's a mixture of both.
How dangerous is this latest swap?
Are swapped detainees living in luxury? 03:50
Mathematically, it's not an even swap. But President Barack Obama's administration maintains it's not a risky move for the United States.
Video released of Bergdahl's transfer 04:12
Photos: Americans detained abroad
Photos: Americans detained abroad
Kim Dong Chul, a South Korean-born American citizen detained in North Korea, is escorted to his trial April 29 in Pyongyang. A North Korean court sentenced Kim to 10 years in prison for what it called acts of subversion and espionage. North Korea watchers interpret the detainment of Americans and other foreign citizens as a collection of bargaining chips by the reclusive regime.
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Photos: Americans detained abroad
University of Virginia student Otto Frederick Warmbier was detained by North Korea after being accused of carrying out "a hostile act" against the government, state media reported. In March, he was sentenced to 15 years of hard labor for allegedly removing a political banner from a Pyongyang hotel.
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Photos: Americans detained abroad
Jason Rezaian, The Washington Post's bureau chief in Tehran, was released January 16 as part of a prisoner swap. Rezaian was convicted by an Iranian Revolutionary Court in October, according to Iran's state-run media. Rezaian was reportedly facing up to 20 years, but the sentence was not specified. The journalist was taken into custody in July 2014 and later charged with espionage; the Post has denied all allegations against him. His wife, Yeganeh Salehi, also was detained in July 2014 but later released.
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Photos: Americans detained abroad
Saeed Abedini, a U.S. citizen of Iranian birth, was freed as part of a prisoner swap that included Washington Post journalist Jason Rezaian on January 16. Abedini was sentenced to eight years in prison in January 2013. He was accused of attempting to undermine the Iranian government and endangering national security by establishing home churches. He was detained in Iran on September 26, 2012, according to the American Center for Law and Justice.
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Amir Hekmati, a former U.S. Marine charged with spying, was freed as part of a prisoner swap that included Washington Post journalist Jason Rezaian on January 16. An Iranian court threw out a 2011 death sentence for Hekmati, but he was secretly retried in Iran and convicted of "practical collaboration with the U.S. government," his sister told CNN on April 11. He was sentenced to 10 years in prison, she said. Hekmati was detained in August 2011 during a visit to see his grandmother. His family and the Obama administration deny accusations he was spying for the CIA.
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Photos: Americans detained abroad
Siamak Namazi, a Dubai-based businessman with dual U.S. and Iranian citizenship, was detained while visiting relatives in Tehran, the Wall Street Journal reported October 29, citing unnamed sources. The Washington Post also reported his detention, citing a family friend who spoke on condition of anonymity. The Post reported that it wasn't clear what Namazi is alleged to have done. His detention would bring to five the number of Americans detained or unaccounted for in the Islamic republic.
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Scott Darden was taken hostage by Houthi rebels in Yemen in March 2015. He was captured while working for New Orleans-based Transoceanic Development, according to a source close to his family.
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Retired FBI agent Robert Levinson has been missing since 2007. His family says he was working as a private investigator in Iran when he disappeared, and multiple reports suggest Levinson may have been working for the CIA. His family told CNN that they have long known that Levinson worked for the CIA, and they said it's time for the government to lay out the facts about Levinson's case. U.S. officials have consistently denied publicly that Levinson was working for the government, but they have repeatedly insisted that finding him and bringing him home is a "top" priority. The FBI increased its reward for information on Levinson from $1 million to $5 million.
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Mothers Linda Boyle, left, and Lyn Coleman hold photo of their married children, Joshua Boyle and Caitlin Coleman, who were kidnapped by the Taliban in late 2012. Coleman was pregnant when she was kidnapped and is believed to have had a child in captivity.
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Jailed since 2013 and sentenced to life for supporting the Muslim Brotherhood in Egypt, Mohamed Soltan was eventually released, the U.S. Embassy in Cairo said in May 2015. Soltan's family denies he belonged to the Brotherhood. Soltan had been a dual U.S. and Egyptian citizen, but he renounced his Egyptian citizenship as a condition of his release.
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U.S. officials revealed in April 2015 that Warren Weinstein, a 73-year-old American aid worker that had been held hostage in Pakistan since August 2011, had been accidentally killed in a U.S. drone strike targeting al Qaeda.
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One of three Americans detained in North Korea, Jeffrey Edward Fowle was released and sent home, a State Department official told CNN in October 2014. Fowle was accused of leaving a Bible in a hotel where he was staying. North Korea announced Fowle's detention in June of that year, saying he had violated the law by acting "contrary to the purpose of tourism." Fowle told CNN: "I've admitted my guilt to the government and signed a statement to that effect and requested forgiveness from the people and the government of the DPRK."
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In May 2013, a North Korean court sentenced Kenneth Bae, a U.S. citizen, to 15 years of hard labor for committing "hostile acts" against the state. North Korea claimed Bae was part of a Christian plot to overthrow the regime. In a short interview with CNN in September 2014, Bae said he is working eight hours a day, six days a week at a labor camp. "Right now what I can say to my friends and family is, continue to pray for me," he said. After months in detention, he and fellow American detainee Matthew Todd Miller were released in November.
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Miller, an American sentenced to six years of hard labor in North Korea, was one of three Americans who spoke to CNN's Will Ripley in September 2014 and implored the U.S. government for help. The 24-year-old was accused of tearing up his tourist visa and seeking asylum upon entry to North Korea.
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American journalist Peter Theo Curtis was handed over to U.N. peacekeepers in August 2014 after nearly two years in captivity. He is believed to have been captured in October 2012 and held by the al-Nusra Front, a Syrian rebel group with ties to al Qaeda.
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Alan Gross, at right with Rabbi Arthur Schneier, was jailed while working as a subcontractor in Cuba in December 2009. Cuban authorities say Gross tried to set up illegal Internet connections on the island. Gross says he was just trying to help connect the Jewish community to the Internet. Former President Jimmy Carter and New Mexico Gov. Bill Richardson both traveled to Cuba on Gross' behalf. He was eventually released in December.
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This undated image provided by the U.S. Army shows Sgt. Bowe Bergdahl, who had been held by insurgents in Afghanistan since 2009. The White House announced Bergdahl's release on May 31, 2014. Bergdahl was released in exchange for five senior Taliban members held by the U.S. military. In March 2015, the U.S. military charged Bergdahl with one count each of "Desertion with Intent to Shirk Important or Hazardous Duty," and "Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place."
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U.S. tourist and Korean War veteran Merrill Newman arrives at the Beijing airport on December 7, 2013, after being released by North Korea. Newman was detained in October 2013 by North Korean authorities just minutes before he was to depart the country after visiting through an organized tour. His son Jeff Newman said the Palo Alto, California, man had all the proper paperwork and set up his trip through a North Korean-approved travel agency.
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Y – Mexican authorities arrested Yanira Maldonado, a U.S. citizen, right, in May 2013, for alleged drug possession. She and her husband, Gary, were traveling from Mexico back to the United States when their bus was stopped and searched. She was released a few days later and is now back in the United States.
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North Korea has arrested Americans before, only to release them after a visit by a prominent dignitary. Journalists Laura Ling, center, and Euna Lee, to her left, spent 140 days in captivity after being charged with illegal entry to conduct a smear campaign. They were freed in 2009 after a trip by former President Bill Clinton.
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Former President Jimmy Carter negotiated the release of Aijalon Gomes, who was detained in 2010 after crossing into North Korea illegally from China. Analysts say high-level visits give Pyongyang a propaganda boost and a way to save face when it releases a prisoner.
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Detained in April 2011, Eddie Yong Su Jun was released by North Korea a month afterward. His alleged crime was not provided to the media. The American delegation that secured his freedom included Robert King, the U.S. special envoy for North Korean human rights issues.
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Without any apparent U.S. intervention, Robert Park was released by North Korea in 2010. The Christian missionary crossed into North Korea from China, carrying a letter asking Kim Jong Il to free political prisoners and resign. North Korea's state-run news agency said Park was released after an "admission and sincere repentance of his wrongdoings." Here, Park holds a photo of Kim and a malnourished child during a protest in Seoul.
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Josh Fattal, center; Sarah Shourd, left; and Shane Bauer were detained by Iran while hiking near the Iraq-Iran border in July 2009. Iran charged them with illegal entry and espionage. Shourd was released on bail for medical reasons in September 2010; she never returned to face her charges. Bauer and Fattal were convicted in August 2011, but the next month they were released on bail and had their sentences commuted.
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Haleh Esfandiari, an Iranian-American scholar, was detained at Iran's Evin Prison, spending months in solitary confinement before Iran released her on bail in August 2007. Esfandiari was visiting her ailing mother in Tehran when she was arrested and charged with harming Iran's national security.
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Sixteen Americans were among the dozens arrested in December 2011 when Egypt raided the offices of 10 nongovernmental organizations that it said received illegal foreign financing and were operating without a public license. Many of the employees posted bail and left the country after a travel ban was lifted a few months later. Robert Becker, right, chose to stay and stand trial. He spent two years in prison and has since returned to the United States.
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Filmmaker Timothy Tracy was arrested in Venezuela in April 2013 on allegations of funding opponents of newly elected President Nicolas Maduro, successor to the late Hugo Chavez. Tracy went to Venezuela to make a documentary about the political division gripping the country. He was released in June 2013.
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The five detainees have been at Guantanamo Bay in Cuba for years, and out of commission for a long time. They probably don't have extensive networks to tap into, according to two senior U.S. officials.
Additionally, there will be fewer U.S. forces to target in Afghanistan since under a new agreement, most troops will be out of the nation next year.
Qatar has also reassured the United States that it will aggressively monitor the detainees, who will be under a travel ban for one year.
How many freed detainees have returned to terrorism?
At its peak, Guantanamo Bay had 770 men believed by the U.S. government to be involved in terrorist activity or military attacks.
That number has dwindled significantly. As of last month, the facility had 154 detainees.
A September 2013 report from the director of national intelligence reflected on what happened to the roughly 600 people who left Gitmo between its opening in 2002 and July 2013.
Of those, 100 -- or 16.6% of the released prisoners -- were "confirmed" to have returned "to terrorist activities." Seventeen of those died, while 27 ended up in custody, according to the DNI report.
An additional 70 are "suspected of reengaging," it said.
"Based on trends identified during the past 10 years, we assess that if additional detainees are transferred without conditions ... some will reengage in terrorist or insurgent activities," the report said.
Does the U.S. keep an eye on freed detainees?
While the former prisoners are no longer under its control, Washington says it keeps track of them, which is the basis of the DNI report.
During President George W. Bush's administration, some were handed over to authorities in other countries.
Dozens more were released under Obama.
Are American interests more at risk when they get out?
There are a lot of variables, making this a debatable question.
Except for those accused or convicted of the most heinous crimes such as murder, most people are not detained indefinitely.
And studies show the recidivism rate for those in the U.S. legal system typically top 50% or even 60%, according to the Bureau of Justice Statistics. Armed with that knowledge, the idea of a Gitmo detainee returning to his previous ways may not be surprising.
It also depends on where they go from there.
The DNI report notes the dangers of transferring prisoners to nations with conflicts, instability and active recruitment by terror groups.
In other words, a detainee who returns to a place beset by violence -- where terrorist groups and attacks are common -- is more likely to return to the fold.
Does this mean the U.S. got a raw deal in Bergdahl's release?
Depends on whom you ask.
Sen. John McCain, a former prisoner of war, is not popping the Champagne just yet.
He knows a thing or two about life in enemy hands after spending more than five years in captivity in North Vietnam. Since then, he has emerged as one of the nation's loudest, boldest voices on military matters.
And he feels strongly that the United States did not think this through.
"Don't trade one person for five (of) the hardest of the hard-core, murdering war criminals who will clearly re-enter the fight and send them to Qatar, of all places," he told CNN's Anderson Cooper on Tuesday night.
But White House National Security Adviser Susan Rice defended the Obama administration's decision.
The "acute urgency" of Bergdahl's health condition justified the President not notifying Congress beforehand that he was being swapped for the five detainees, she said.
Why are terror suspects held at Guantanamo Bay?
The U.S. naval base there was transformed after the September 11, 2001, terrorist attacks. Existing migrant detention facilities were revamped to house detainees of the so-called war on terror.
What happened when Bergdahl disappeared? 02:09
'It matters a lot if he was a deserter' 05:03
These were men, who though captured in the battlefield, didn't fit any detention category. U.S. authorities said they didn't have the same rights as prisoners of war under the Geneva Conventions. Nor did they have the same rights as those detained within the United States.
The Bush administration argued that since the detainees were not on U.S. soil, they were not covered by the U.S. Constitution. It used that rationale to justify the lack of legal protections for those detained.
That made the base sometimes referred to as Gitmo a sort of no man's land.
How much does it cost to keep it running?
It costs the Defense Department about $150 million a year to keep the facility in operation.
The U.S. pays Cuba about $4,085 a year for the lease, but the latter hasn't accepted payment since 1959.
Shortly after his inauguration in 2009, Obama signed an executive order to close the detention facility within one year. It has not happened.
Has everyone at Gitmo been found guilty of terrorism?
No.
Peter Bergen, a CNN national security analyst, and Bailey Cahall, a research associate at the New America Foundation, wrote in an op-ed last year that said dozens of detainees cleared for release years ago "remain in seemingly perpetual custody."
"They have found to be guilty of nothing, yet they are being held indefinitely," Bergen and Cahall wrote.
"Indefinite detention without charge is a policy that we usually associate with dictatorships, not democracies."
Bergen also heads the New America Foundation's International Security Program.
Others, though, view the situation differently. They say terrorists don't play by any recognized rules of warfare or justice; their mission is to kill, with U.S. forces and citizens as their targets.
McCain says that the five men released as part of the Bergdahl deal could be among those attacking U.S. citizens both at home and overseas.
The five "were judged time after time as unworthy ... that needed to be kept in detention because they posed a risk and a threat to the United States of America," the Arizona Republican said.
Who were the detainees swapped for Bergdahl?
Two senior Obama administration officials identified them as Khair Ulla Said Wali Khairkhwa, Mullah Mohammad Fazl, Mullah Norullah Noori, Abdul Haq Wasiq and Mohammad Nabi Omari.
They were mostly mid- to high-level officials in the Taliban regime who were detained early in the war in Afghanistan because of their positions within the Taliban, not because of ties to al Qaeda.
But some such as Khairkhwa are alleged to have been "directly associated" with Osama bin Laden and al Qaeda's now-deceased leader in Iraq, Abu Musab al-Zarqawi.
