[citation needed] In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.

[citation needed] Under the Royal Prerogative, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.

[citation needed] George W. Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the "War on Terror.

"[3] Critics argued the Conventions obliged the United States to conduct competent tribunals to determine the status of prisoners.

[citation needed] Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials.