He was repatriated to Afghanistan on December 19, 2009.
Legal scholars and human rights workers had expressed concerns that a small number of captives were responsible for most of the denunciations used to justify the continued detention of the rest of the Guantanamo captives. After the publication of previously secret Joint Task Force Guantanamo assessments The Telegraph confirmed that Hashim was one of eight captives who had collectively denounced 255 other captives. Hashim's denunciations were used in 21 other captives' dossiers.
Official status reviews
Originally the Bush Presidency 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. 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
Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants. All captives were supposed to have annual reviews, unless they faced charges before a military commission, or had already been cleared for release. However the DoD published memos drafted for annual reviews in 2004 and 2007. Hashim had not been charged in 2005, and 2006, but if annual reviews were convened in those years the documents have not been published.
Formerly secret Joint Task Force Guantanamo assessment
On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. His assessment was 4 pages long, and was drafted on August 13, 2004. It was signed by camp commandant Jay W. Hood
- "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.
- "Military Commission Cases". Officer of Military Commissions. http://www.mc.mil/CASES/MilitaryCommissions.aspx. Retrieved 2010-10-.
- Margot Williams (2008-11-03). "Guantanamo Docket: Mohammed Hashim". New York Times. http://projects.nytimes.com/guantanamo/detainees/850-mohammed-hashim. Retrieved 2012-08-20.
- Christopher Hope (2011-04-26). "Wikileaks: 255 Guantanamo Bay detainees incriminated on claims of eight inmates". The Telegraph (UK). http://www.telegraph.co.uk/news/worldnews/wikileaks/8474776/Wikileaks-255-Guantanamo-Bay-detainees-incriminated-on-claims-of-eight-inmates.html. Retrieved 2012-08-20. "Mohammed Basardah, a Yemeni who was assessed to be a member of al-Qaeda, is estimated to have made statements against as many as 131 other prisoners, while evidence from Mohammed Hashim was in 21 assessments."
- "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "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."
- Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-13. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=2012-07-13. Retrieved 2012-07-13. "The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website."
- "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10.
- "Guantanamo Bay detainee file on Mohammed Hashim, US9AF-000850DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476921/Guantanamo-Bay-detainee-file-on-Mohammed-Hashim-US9AF-000850DP.html. Retrieved 2012-08-20.