Ghaleb Nassar Al Bihani
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Ghaleb Nassar Al Bihani is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.Al Bihani's Guantanamo Internment Serial Number is 128. American intelligence analysts estimate that Al Bihani was born in 1980, in Tabokh, Saudi Arabia.
Captive 128 was identified inconsistently on various official Department of Defense documents:
- Captive 128 was named Ghaled Nassar Al Bahani on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 12 October 2004.
- Captive 128 was named Ghaled Nassar Al Bihani on the Summary of Evidence memo prepared for his first annual Administrative Review Board, on 18 October 2005, and the memo prepared for his second annual review board on 19 June 2006.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Summary of Evidence memo
Al Bihani chose to participate in his Combatant Status Review Tribunal.
The allegations Al Bihani faced during his Tribunal were:
- a. The detainee was an associate of the Taliban and/or Al-Qaida.
- b. The detainee participated in hostilities against the United States or its coalition partners.
- Upon arriving in Afghanistan the detainee traveled immediately to thr front where he supported the mujahidin.
- The detainee traveled on Taliban aircraft, stayed in Taliban guest housing, and upon arriving at the front line he received a Kalashnikov rifle and ammunition.
- The detainee delivered supplies to the front lines.
- The detainee was part of 400-600 man force that surrendered to General Dostum's forces.
- The detainee was present during the prison uprising in Mazar-E-Sharif [sic].
Administrative Review Board hearings
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
First annual Administrative Review Board
Second annual Administrative Review Board
Writ of habeas corpus
Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before US District Court Judge Richard J. Leon.On January 29, 2009 Leon ruled that his CSR Tribunal had appropriated classified Al Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."
Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals.According to Charlick those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.”
A panel of three judges, Janice Rogers Brown, Brett Kavanaugh and Stephen Williams convened on October 2 2009 to hear Ghaleb's appeal.Although the judges expressed some skeptical comments they did not release a ruling.
The October 2 2009 hearing was open to the public. According to the Blog of Legal Times Charlick had wanted to attend the September 15 2009 hearing of the appeal of Leon's ruling on Bensayah Belkacem, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence.Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb.
The appeal panel made its ruling on January 5, 2010.John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found:"...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war."According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra Universitycharacterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”.CNN reported that the ruling would apply to all other captives.
- ^ OARDEC (2006-05-15). "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 2007-09-29.
- ^ a b c d "D.C. Circuit Keeps Courtroom Open for Guantanamo Bay Case". Blog of Legal Times. 2009-10-02. Archived from the original on 2009-10-02. http://www.webcitation.org/query?url=http%3A%2F%2Flegaltimes.typepad.com%2Fblt%2F2009%2F10%2Fdc-circuit-keeps-courtroom-open-for-guantanamo-bay-case.htmla&date=2009-10-02.
- ^ a b Andy Worthington (2009-01-29). "How Cooking For The Taliban Gets You Life In Guantánamo". Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2009%2F01%2F29%2Fhow-cooking-for-the-taliban-gets-you-life-in-guantanamo%2F+&date=2010-01-06.
- ^ a b "Judge OKs Holding Taliban Cook At Gitmo". CBS News. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2009%2F01%2F28%2Fworld%2Fmain4760407.shtml&date=2010-01-06.
- ^ a b "Judge won't free Taliban cook held at Gitmo". MSNBC. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.msnbc.msn.com%2Fid%2F28897104%2Fns%2Fworld_news-terrorism%2F&date=2010-01-06.
- ^ a b "Holding cook at Guantanamo OK'd". Boston Globe. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.boston.com%2Fnews%2Fnation%2Fwashington%2Farticles%2F2009%2F01%2F29%2Fholding_cook_at_guantanamo_okd%2F&date=2010-01-06.
- ^ a b David G. Savage (2010-01-06). "Court upholds U.S. right to hold Guantanamo prisoners". Los Angeles Times. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.latimes.com%2Fnews%2Fnation-and-world%2Fla-na-gitmo-court6-2010jan06%2C0%2C1937492.story&date=2010-01-06.
- ^ a b OARDEC (12 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Bahani, Ghaleb Nassar". United States Department of Defense. pp. pages 38-39. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#38. Retrieved 2007-12-03.
- ^ a b OARDEC (18 October 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Bihani, Ghaleb Nassar". United States Department of Defense. pp. pages 53-55. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#53. Retrieved 2007-12-03.
- ^ a b OARDEC (19 June 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Bihani, Ghaleb Nassar". United States Department of Defense. pp. pages 3-5. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#3. Retrieved 2007-12-03.
- ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22.
- ^ a b Summarized transcripts (.pdf), from Ghaleb Nassar Al Bihani's Combatant Status Review Tribunal - pages 23-26
- ^ Spc Timothy Book (Friday March 10, 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. pg 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10.
- ^ Nedra Pickler (2009-01-28). "Judge OKs holding Taliban cook at Guantanamo". Associated Press. http://www.google.com/hostednews/ap/article/ALeqM5jlzEUb-G-aKBEAhEzC5qg7YSdQmQD9609E6O0. Retrieved 2009-01-28. mirror
- ^ "US judge approves holding Taliban cook at Guantanamo". Associated Press. 2009-01-28. http://www.google.com/hostednews/afp/article/ALeqM5jOdCDoePl7u2bTU03_gSbAoHNy3A. Retrieved 2009-01-28. "mirror"
- ^ Del Quentin Wilber (2009-01-28). "Judge Rules U.S. May Continue to Hold Detainee at Guantanamo". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/01/28/AR2009012802010.html?hpid=moreheadlines. Retrieved 2009-01-28.
- ^ "D.C. Circuit Orders Guantanamo Hearing Closed to Public". Blog of Legal Times. 2009-09-15. Archived from the original on 2009-10-02. http://www.webcitation.org/query?url=http%3A%2F%2Flegaltimes.typepad.com%2Fblt%2F2009%2F09%2Fdc-circuit-orders-guantanamo-hearing-closed-to-public.html&date=2009-10-02.
- ^ John Schwartz (2010-01-06). "Court Backs War Powers Over Rights of Detainees". New York Times. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2010%2F01%2F06%2Fus%2F06detain.html%3Fpagewanted%3Dprint&date=2010-01-06.
- ^ "Ghaled Nassar Al-Bihani v. Barack Obama -- Civil Action No 09-5051". United States Department of Justice. 2010-01-05. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fpacer.cadc.uscourts.gov%2Fcommon%2Fopinions%2F201001%2F09-5051-1223587.pdf&date=2010-01-06.
- ^ Bill Mears (2010-01-06). "Federal court limits rights of Guantanamo detainees". CNN. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cnn.com%2F2010%2FCRIME%2F01%2F06%2Fus.guantanamo.rights%2F&date=2010-01-06.
- ^ Jeremy Pelofsky (2010-01-06). "Yemeni loses appeal for release from Guantanamo". Reuters. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.reuters.com%2Farticle%2FidUSTRE6044IR20100105&date=2010-01-06.