Guantanamo Detainee List 11-21-11

Total Page:16

File Type:pdf, Size:1020Kb

Guantanamo Detainee List 11-21-11 Detainees Held* at Guantanamo Bay 1 of 5 as of November 2011 Name Country of Origin This list includes 175 names: 171 men are still held at Guantanamo; 4 others have been transferred to other countries but not yet identified by the US government. The men are listed alphabetically by last name. These first 11 men have been ordered released by federal courts following habeas corpus hearings, but they are still being held. 1 Yusef Abbas China 2 Adnan Farhan Abdul Latif Yemen 3 Hajiakbar Abdulghupur China 4 Said Muhammed Salih Hatim Yemen 5 Saidullah Khalik China 6 Ravil Mingazov Russia 7 Ahmed Mohamed China 8 Hussein Salem Mohammed Yemen 9 Abdul Razak China 10 Mohamedou Ould Salahi Mauritania 11 Uthman Abdul Rahim Mohammed Uthman Yemen Some of the remaining men may have been cleared for release by the U.S. government, but that information is not public. 12 Shaker Aamer Saudi Arabia 13 Mahmoud Abd al Aziz Abd al Mujahid Yemen 14 Muieen A Deen Jamal A Deen Abd al Fusal Abd al Sattar United Arab Emirates 15 Abd al Malik Abd al Wahab Yemen 16 Abdelrazak Ali Abdelrahman Algeria 17 Omar Hamzayavich Abdulayev Tajikistan 18 Omar Khalifa Mohammed Abu Bakr Libya 19 Mohammed Rajab Sadiq Abu Ghanim Yemen 20 Abdul Rabbani Abd al Rahim Abu Rahman Pakistan 21 Omar Said Salem Adayn Yemen 22 Haroon al Afghani Afghanistan 23 Muhammad Rahim al Afghani Afghanistan 24 Ahmed Adnan Ahjam Syria 25 Majid Mahmud Abdu Ahmad Yemen 26 Abdul Rahman Ahmed Yemen 27 Fahmi Abdullah Ahmed Yemen 28 Abu Bakr Ibn Ali Muhhammad Alahdal Yemen 29 Abd al Aziz Ali Pakistan 30 Moath Hamza Ahmed al Alwi Yemen 31 Djamel Saiid Ali Ameziane Algeria 32 Muhammad Ahmad Abdallah al Ansi Yemen 33 Jalal Salam Awad Awad Yemen 34 Waqas Mohammed Ali Awad Yemen 35 Fouzi Khalid Abdullah al Awda Kuwait 36 Saad Masir Mukbl Al Azani Yemen 37 Ahamed Abdel Aziz Mauritania *Sources: New York Times database (http://projects.nytimes.com/guantanamo/detainees/held) and Center for Constitutional Rights (http://www.ccrjustice.org/GTMOscorecard). Detainees Held* at Guantanamo Bay 2 of 5 as of November 2011 38 Tarek Ali Abdullah Ahmed Baada Yemen 39 Ali Hamza Ahmad Suliman al Bahlul Yemen 40 Ismael Ali Farag al Bakush Libya 41 Shawki Awad Balzuhair Yemen 42 Sufyian Barhoumi Algeria 43 Abdul Khaled Ahmed Sahleh al Bedani Saudi Arabia 44 Ahmed Bin Saleh Bel Bacha Algeria 45 Bensayah Belkacem Algeria 46 Ghaleb Nassar al Bihani Yemen 47 Tolfiq Nassar Ahmed al Bihani Saudi Arabia 48 Ramzi Bin al Shibh Yemen 49 Lotfi Bin Ali Tunisia 50 Mahmmoud Omar Mohammed Bin Atef Yemen 51 Hassan Mohammed Ali Bin Attash Saudi Arabia 52 Walid Bin Attash Yemen 53 Zahar Omar Hamis Bin Hamdoun Yemen 54 Muhhammad Said Bin Salem Yemen 55 Adil Said al Haj Obeid al Busayss Yemen 56 Mohammed Ali Abdullah Bwazir Yemen 57 Ahmed Muhammed Haza al Darbi Saudi Arabia 58 Khalid Mohammed Salih al Dhuby Yemen 59 Jihad Ahmed Mujstafa Diyab Syria 60 Gouled Hassan Dourad Somalia 61 Mohammed Ahmad Said al Edah Yemen 62 Abd al Hadi Omar Mahmoud Faraj Syria 63 Mullah Mohammad Fazl Afghanistan 64 Abdul Ghani Afghanistan 65 Fahed Abdullah Ahmad Ghazi Yemen 66 Salem Abdul Salem Ghereby Libya 67 Khi Ali Gul Afghanistan 68 Salem Ahmed Hadi Yemen 69 Nabil Hadjarab Algeria 70 Mohammed Ahmed Said Haidel Yemen 71 Abdel Ghalib Ahmad Hakim Yemen 72 Riduan Isamuddin Hambali Indonesia 73 Ali Sher Hamidullah Uzbekistan 74 Hamidullah Afghanistan 75 Mohammed Abdullah al Hamiri Yemen 76 Emad Abdalla Hassan Yemen 77 Mustafa Ahmed al Hawsawi Saudi Arabia 78 Ahmed Umar Abdullah al Hikimi Yemen 79 Abdul al Salam al Hilal Yemen 80 Fadil Husayn Salih Hintif Yemen *Sources: New York Times database (http://projects.nytimes.com/guantanamo/detainees/held) and Center for Constitutional Rights (http://www.ccrjustice.org/GTMOscorecard). Detainees Held* at Guantanamo Bay 3 of 5 as of November 2011 81 Adel Bin Ahmed Bin Ibrahim Hkiml Tunisia 82 Ibrahim Othman Ibrahim Idris Sudan 83 Abd al Hadi al Iraqi Iraq 84 Yasin Qasem Muhammad Ismail Yemen 85 Saeed Ahmed Mohammed Abdullah Sarem Jarabh Yemen 86 Mohammed Kamin Afghanistan 87 Faiz Mohammed Ahmed al Kandari Kuwait 88 Bostan Karim Afghanistan 89 Kamalludin Kasimbekov Uzbekistan 90 Sanad Yislam al Kazimi Yemen 91 Omar Ahmed Khadr Canada 92 Khirullah Said Wali Khairkhwa Afghanistan 93 Asim Thahit Abdullah al Khalaqi Yemen 94 Majid Khan Pakistan 95 Shawali Khan Afghanistan 96 Muhammed Ali Hussein Khnenah Yemen 97 Mohammed Nasir Yahya Khusruf Yemen 98 Abu Faraj al Libbi Libya 99 Mohammed Nazir Bin Lep Lillie Malaysia 100 Musab Omar Ali al Madoonee Yemen 101 Abdul Malik Kenya 102 Bashir Nasir Ali al Marwalah Yemen 103 Sharaf Ahmad Muhammad Masud Yemen 104 Hail Aziz Ahmad al Maythal Yemen 105 Haji Wali Mohammed Afghanistan 106 Khalid Shaikh Mohammed Pakistan 107 Samir Naji al Hasan Moqbel Yemen 108 Abdel Qadir Hussein al Mudhaffari Yemen 109 Abd al Rahman Abdullah Ali Muhammad Yemen 110 Noor Uthman Muhammed Sudan 111 Sulaiman Awath Sulaiman Bin Ageel al Nahdi Yemen 112 Said Salih Said Nashir Yemen 113 Abd al Rahim al Nashiri Saudi Arabia 114 Abdul Latif Nasir Morocco 115 Jamil Ahmed Said Nassir Yemen 116 Mullah Norullah Noori Afghanistan 117 Obaidullah Afghanistan 118 Mohammad Nabi Omari Afghanistan 119 Abdul Bin Mohammed Bin Abess Ourgy Tunisia 120 Saifullah Paracha Pakistan 121 Khalid Abd Jal Jabbar Muhammad Juthman al Qadasi Yemen 122 Ahmed Abdul Qader Yemen 123 Idris Ahmed Abdu Qader Idris Yemen *Sources: New York Times database (http://projects.nytimes.com/guantanamo/detainees/held) and Center for Constitutional Rights (http://www.ccrjustice.org/GTMOscorecard). Detainees Held* at Guantanamo Bay 4 of 5 as of November 2011 124 Jabran Said Wazar al Qahtani Saudi Arabia 125 Mohammed al Qahtani Saudi Arabia 126 Said Muhammad Husyan Qahtani Saudi Arabia 127 Khaled Qasim Yemen 128 Mansoor Muhammed Ali Qattaa Saudi Arabia 129 Ibrahim Ahmed Mahmoud al Qosi Sudan 130 Sabri Mohammed Ebrahim al Qurashi Yemen 131 Mahrar Rafat al Quwari Palestinian Territories 132 Abdul Rahman Umir Al Qyati Yemen 133 Mohammed Ahmad Ghulam Rabbani Pakistan 134 Salman Yahya Hassan Mohammed Rabeii Yemen 135 Ali Ahmad Muhammad al Rahizi Yemen 136 Ali Yahya Mahdi al Raimi Yemen 137 Omar Mohammed Ali al Rammah Yemen 138 Mashur Abdallah Muqbil Ahmed al Sabri Yemen 139 Ahmed Yaslam Said Kuman Yemen 140 Mohammed Ahmed Salam Yemen 141 Abdul al Saleh Yemen 142 Ayoub Murshid Ali Saleh Yemen 143 Abdul Rahman Mohamed Saleh Naser Yemen 144 Mohammed Ali Salem al Zarnuki Yemen 145 Abdul al Razzaq Muhammad Salih Yemen 146 Fahmi Salem Said al Sani Yemen 147 Tariq Mahmoud Ahmed al Sawah Egypt, Bosnia and Herzegovina 148 Mutij Sadiz Ahmad Sayab Algeria 149 Ali Husein Shaaban Syria 150 Abdullah Yahia Yousf al Shabli Saudi Arabia 151 Abdul Rahman Shalabi Saudi Arabia 152 Mustafa Abdul Qawi Abdul Aziz al Shamyri Yemen 153 Zuhail Abdo Anam Said al Sharabi Yemen 154 Ghassan Abdullah al Sharbi Saudi Arabia 155 Abdu Ali al Haji Sharqawi Yemen 156 Yunis Abdurrahman Shokuri Morocco 157 Mohammad al Rahman al Shumrani Saudi Arabia 158 Hisham Bin Ali Bin Amor Sliti Tunisia 159 Mohammed Mustafa Sohail Afghanistan 160 Abdul Aziz Abdullah Ali al Suadi Yemen 161 Abdul Rahman Abdul Abu Ghityh Sulayman Yemen 162 Fayiz Ahmad Yahia Suleiman Yemen 163 Mohammed Abdullah Tahamuttan Palestinian Territories 164 Hamoud Abdullah Hamoud Hassan al Wady Yemen 165 Muktar Yahya Najee al Warafi Yemen 166 Abdul Haq Wasiq Afghanistan *Sources: New York Times database (http://projects.nytimes.com/guantanamo/detainees/held) and Center for Constitutional Rights (http://www.ccrjustice.org/GTMOscorecard). Detainees Held* at Guantanamo Bay 5 of 5 as of November 2011 167 al Khadr Abdallah Muhammed al Yafi Yemen 168 Ridah Bin Saleh al Yazidi Tunisia 169 Slah Muhamed Salih al Zabe Saudi Arabia 170 Abdul Zahir Afghanistan 171 Mohommod Zahir Afghanistan 172 Muhammed Murdi Issa al Zahrani Saudi Arabia 173 Walid Said Bin Said Zaid Yemen 174 Mohd Farik Bin Amin Zubair Malaysia 175 Abu Zubaydah Palestinian Territories *Sources: New York Times database (http://projects.nytimes.com/guantanamo/detainees/held) and Center for Constitutional Rights (http://www.ccrjustice.org/GTMOscorecard)..
Recommended publications
  • Day Two of Military Judge Questioning 9/11 Accused About Self-Representation
    Public amnesty international USA Guantánamo: Day two of military judge questioning 9/11 accused about self-representation 11 July 2008 AI Index: AMR 51/077/2008 On 10 July 2008, military commission judge US Marine Colonel Ralph Kohlmann held further proceedings to question the men accused of orchestrating the attacks of 11 September 2001 about their decision to represent themselves at their forthcoming death penalty trial in the US Naval Base in Guantánamo Bay, Cuba. Amnesty International had an observer at the proceedings. The primary purpose of the hearings was to inquire of each of the accused individually about whether they had been intimidated before or during their arraignment on 5 June 2008 into making a choice to represent themselves, or whether this decision had been made knowingly and voluntarily. Judge Kohlmann had questioned two of the accused, ‘Ali ‘Abd al-‘Aziz ‘Ali (‘Ammar al Baluchi) and Mustafa al Hawsawi at individual sessions held on 9 July (see http://www.amnesty.org/en/library/info/AMR51/076/2008/en). He had scheduled sessions for the other three men, Khalid Sheikh Mohammed, Walid bin Attash and Ramzi bin al-Shibh on 10 July. In the event, Ramzi bin al-Shibh refused to come to his session. It seems unlikely that the military judge will question him again on the matter of legal representation until the issue of Ramzi bin al-Shibh’s mental competency is addressed at a hearing scheduled to take place next month (see http://www.amnesty.org/en/library/info/AMR51/074/2008/en). Both Khalid Sheikh Mohammed and Walid bin Attash denied that they had been intimidated or that any intimidation had taken place.
    [Show full text]
  • In the United States District Court for the District of Columbia
    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ––––––––––––––––––––––––––––––––––––––––– x : : SUFYIAN BARHOUMI, : : Petitioner, : : v. : Civil Action No. 05-cv-1506 (RMC) : BARACK OBAMA, et al., : : Respondents. : : : ––––––––––––––––––––––––––––––––––––––––– x REPLY BRIEF IN SUPPORT OF EMERGENCY MOTION FOR ORDER EFFECTING RELEASE Shayana D. Kadidal (D.D.C. Bar No. 454248) Omar Farah (pursuant to LCvR 83.2(g)) J. Wells Dixon (pursuant to LCvR 83.2(g)) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 (212) 614-6438 [email protected] [email protected] [email protected] Attorneys for Petitioner Barhoumi Sufyian Barhoumi has been detained without charge at Guantánamo for fourteen years— longer than the duration of any prior military conflict in U.S. history or, to our knowledge, the history of modern warfare. His detention has gone on for too long, and is arbitrary and perpetual by any reasonable measure. This is particularly so where, as here, the individual whose liberty has been restrained has been approved for transfer but remains in custody because of bureaucrat- ic delay rather than what he allegedly did or who he allegedly associated with more than a dec- ade ago, and where—as the government does not dispute—he will likely remain detained, at minimum for the next four years, but perhaps for life absent a timely judicial order effectuating his release from Guantánamo. Far from offering a persuasive opposition to Petitioner’s motion, the government con- cedes his essential arguments warranting relief. The government does not dispute that Petitioner has been approved for transfer because his detention is “no longer necessary,” and no longer serves the only ostensible basis for his initial capture and detention, i.e., to prevent his return to the battlefield.
    [Show full text]
  • Observer Dispatch by Mary Ann Walker
    Interrogating the Interrogator at Guantánamo Bay GTMO OBSERVER PROGRAM FEBRUARY 5, 2020 By: Mary Ann Walker As part of the Pacific Council’s Guantánamo Bay Observer Program, I traveled to Guantánamo Bay, Cuba, in January 2020 to attend the 9/11 military pre-trial hearing of alleged plotter and mastermind Khalid Sheik Mohammad and four others charged with assisting in the 9/11 attacks: Walid bin Attash, Ramzi bin al-Shibh, Ali Abdul Aziz Ali, and Mustafa al-Hawsawi. Pretrial hearings have been ongoing in Guantánamo Bay since 2008. The trial itself is scheduled to begin in January 2021, nearly 20 years after the 9/11 attacks. I was among 13 NGO observers from numerous organizations. Media outlets including Al Jazeera, The Guardian, the Los Angeles Times, and The New York Times were also present in order to cover this historic hearing along with many family members of the 9/11 victims. It was an eye-opening experience to be an observer. Defense attorney for Ali Abdul Aziz Ali, James Connell, met with the NGOs and media the evening we arrived on January 18. He explained the current status of pretrial hearings and what we could expect in the days to come. Chief Defense Counsel General John Baker met with the NGOs on Martin Luther King, Jr., Day to give background on the upcoming trial and military commissions. At the start of the meeting, Baker commended Pacific Council on International Policy for its excellent work on the three amendments to the FY2018 defense bill allowing for transparent and fair military commission trials in Guantánamo Bay, which includes the broadcast of the trials via the internet.
    [Show full text]
  • 1. (SI/NF) Personalinformation: Placeofbirth: Kasala, Sudan (SU
    SECRET NOFORN 20301011 DEPARTMENT OF DEFENSE JOINT TASK FORCE GUANTANAMO GUANTANAMO BAY, CUBA APO AE 09360 JTF GTMO- CG 11 October2005 MEMORANDUMFORCommander United States SouthernCommand, 3511NW Avenue, Miami, FL 33172. SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN: ( S) JTF GTMO DetaineeAssessment 1. ( SI/ NF) Personal Information: JDIMS ReferenceName: Zamir Muhammed Aliases and Current / True Name: Muhammed Noor Uthman, Akrima, Abu AlHareth , Farouq AlKamari Place of Birth: Kasala, Sudan (SU ) Dateof Birth: 1 January 1962 Citizenship: Sudanese 29.04 2005 InternmentSerial Number(ISN) 00000707DP 2. (FOUO) Health: Detaineeis in good health. He has refused treatment for latent TB, but has no significant medical issues. Detaineedoes suffer from seasonal allergic rhinitis, but it is easily controlled by medications. He has no known drug allergies. 3. SI/NF ) JTF GTMO Assessment: a . (S ) Recommendation : JTF GTMO recommends this detainee for Continued Detention Under Control (CD) . b . ( SI Summary: JTF GTMO previously assessed detainee as Retain in Control ( ) on 27 August 2004. CLASSIFIED BY: MULTIPLE SOURCES REASON : 12958 SECTION 1.5(C ) DECLASSIFY ON : 20301011 SECRETI 20301011 SECRET // 20301011 JTF GTMO -CG SUBJECT : Recommendation for Continued Detention Under Control ( CD) for Guantanamo Detainee , ISN: 000707DP (S) Detainee is assessed as a probable member ofAl-Qaida. Senior Al-Qaida members identified detainee as a senior trainer at the Khaldan training camp near Khowst, Afghanistan (AF) . Detainee trained hundreds of jihadists including high-level Al-Qaida terrorists. Detainee worked under senior Al- Qaida lieutenant, Abu Zubaydah, who directed Khaldan camp. He admitted being Khaldan Camp facilitator Ibn Sheikh Al assistant. Detainee was a primary weapons trainer and supply officer for the camp.
    [Show full text]
  • Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal
    International Journal of Law and Psychiatry 64 (2019) 34–39 Contents lists available at ScienceDirect International Journal of Law and Psychiatry journal homepage: www.elsevier.com/locate/ijlawpsy Forensic mental health evaluations in the Guantánamo military commissions system: An analysis of all detainee cases from inception to 2018 T ⁎ Neil Krishan Aggarwal Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric Institute, United States ABSTRACT Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detaineesas“unlawful enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case.
    [Show full text]
  • Unclassified//For Public Release Unclassified//For Public Release
    UNCLASSIFIED//FOR PUBLIC RELEASE --SESR-Efll-N0F0RN-­ Final Dispositions as of January 22, 2010 Guantanamo Review Dispositions Country ISN Name Decision of Origin AF 4 Abdul Haq Wasiq Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 6 Mullah Norullah Noori Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 7 Mullah Mohammed Fazl Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 560 Haji Wali Muhammed Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee's transfer to a detention facility in the United States. AF 579 Khairullah Said Wali Khairkhwa Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 753 Abdul Sahir Referred for prosecution. AF 762 Obaidullah Referred for prosecution. AF 782 Awai Gui Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 832 Mohammad Nabi Omari Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 850 Mohammed Hashim Transfer to a country outside the United States that will implement appropriate security measures. AF 899 Shawali Khan Transfer to • subject to appropriate security measures.
    [Show full text]
  • FOIA) Document Clearinghouse in the World
    This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com Received Received Request ID Requester Name Organization Closed Date Final Disposition Request Description Mode Date 17-F-0001 Greenewald, John The Black Vault PAL 10/3/2016 11/4/2016 Granted/Denied in Part I respectfully request a copy of records, electronic or otherwise, of all contracts past and present, that the DOD / OSD / JS has had with the British PR firm Bell Pottinger. Bell Pottinger Private (legally BPP Communications Ltd.; informally Bell Pottinger) is a British multinational public relations and marketing company headquartered in London, United Kingdom. 17-F-0002 Palma, Bethania - PAL 10/3/2016 11/4/2016 Other Reasons - No Records Contracts with Bell Pottinger for information operations and psychological operations. (Date Range for Record Search: From 01/01/2007 To 12/31/2011) 17-F-0003 Greenewald, John The Black Vault Mail 10/3/2016 1/13/2017 Other Reasons - Not a proper FOIA I respectfully request a copy of the Intellipedia category index page for the following category: request for some other reason Nuclear Weapons Glossary 17-F-0004 Jackson, Brian - Mail 10/3/2016 - - I request a copy of any available documents related to Army Intelligence's participation in an FBI counterintelligence source operation beginning in about 1959, per David Wise book, "Cassidy's Run," under the following code names: ZYRKSEEZ SHOCKER I am also interested in obtaining Army Intelligence documents authorizing, as well as policy documents guiding, the use of an Army source in an FBI operation.
    [Show full text]
  • The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues
    The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues (name redacted) Legislative Attorney August 4, 2014 Congressional Research Service 7-.... www.crs.gov R41163 The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues Summary On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration. Upon taking office in 2009, President Obama temporarily halted military commissions to review their procedures as well as the detention program at Guantánamo Bay in general, pledging to close the prison facilities there by January 2010, a deadline that passed unmet. One case was moved to a federal district court. In May 2009, the Obama Administration announced that it was considering restarting the military commission system with some changes to the procedural rules. Congress enacted the Military Commissions Act of 2009 (MCA 2009) as part of the Department of Defense Authorization Act (NDAA) for FY2010, P.L. 111-84, to provide some reforms the Administration supported and to make other amendments to the Military Commissions Act, as described in this report.
    [Show full text]
  • Al-Bihani V. Obama (Mem
    Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 1 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 2, 2009 Decided January 5, 2010 No. 09-5051 GHALEB NASSAR AL-BIHANI, APPELLANT v. BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-01312-RJL) Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III. Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance. Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 2 2 Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge BROWN. Concurring opinion filed by Circuit Judge BROWN. Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS. BROWN, Circuit Judge: Ghaleb Nassar Al-Bihani appeals the denial of his petition for a writ of habeas corpus and seeks reversal or remand. He claims his detention is unauthorized by statute and the procedures of his habeas proceeding were constitutionally infirm. We reject these claims and affirm the denial of his petition. I Al-Bihani, a Yemeni citizen, has been held at the U.S. naval base detention facility in Guantanamo Bay, Cuba since 2002.
    [Show full text]
  • Al-Bihani V. Obama, 590 F.3D 866 (D.C
    NO. IN THE SUPREME COURT OF THE UNITED STATES GHALEB NASSAR AL BIHANI, Petitioner, BARACK H. OBAMA, et al., Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED .... STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SHEREEN J. CHARLICK . ¯ STEVEN F. HUBACHEK ELLIS M. JOHNSTON, III Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, California 92101 Telephone: (619) 234-8467 Counsel for Petitioner TABLE OF CONTENTS QUESTIONS PRESENTED FOR REVIEW ....................................prefix TABLE OF AUTHORITIES .................... ................................... i-ii OPINIONS .BELOW ........................................................... 1 JURISDICTION 2 CONSTITUTIONAL AND STATUTORY PROVISIONS .............................2 STATEMENT OF THE CASE - 2 A. District Court Proceedings ................. .................. ¯ .......2 B. Appellate Proceedings .............................................. 3 ARGUMENT 7 THE COURT SHOULD GRANT THE PETITION AND REAFFIRM THE TEACHING OF HAMDI AND BOUMEDIENE: THE DETENTION POWER GRANTED BY THE AUMF IS COEXTENSIVE WITH, AND LIMITED BY, THE DETENTION POWER RECOGNIZED UNDER THE LAW. OF WAR .................................7 A. Introduction ....’ ..................................... - ............. 7 B. The Court Should Reaffirm Hamdi and Boumediene: the Law of War Informs and Limits the AUMF’s Authorization of Detention AUthority ..................10 C. Section 5 of the 2006 MCA Does Not Preclude Application of Law of War Principles In Analyzing the Detention Authority
    [Show full text]
  • True and False Confessions: the Efficacy of Torture and Brutal
    Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures.
    [Show full text]
  • The Current Detainee Population of Guantánamo: an Empirical Study
    © Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct.
    [Show full text]