User:George Swan/sandbox/No longer enemy combatant: Difference between revisions

From Citizendium
Jump to navigation Jump to search
imported>George Swan
(more details)
imported>Caesar Schinas
m (Robot: Changing template: TOC-right)
 
(10 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{subpages}}
{{subpages}}
[[Image:Trailer were CSR Tribunaals were held - Guantanamo.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in 3 x 6 meter trailer.  The captive hands were cuffed, and their feet shackled to a bolt in the floor.<ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', December 11 2004</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306>
{{TOC|right}}
{{cite web
{{main|Combatant Status Review Tribunal}}
| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
{{main|Guantanamo Bay detention camp/Catalogs}}
| title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
| publisher=[[United States Department of Defense]]
| date=March 6 2007
| accessdate=2007-09-22
}}</ref>]]
'''NLEC''' is an acronym for '''No Longer Enemy Combatant''', a term the [[George W. Bush|Bush]] [[United States President|Presidency]] uses for [[Guantanamo captive]]s whose [[Combatant Status Review Tribunal]] determined they should not have been classified as "[[unlawful combatant|enemy combatant]]s".<ref name=Afps31063>
{{cite news
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=31063
| title=38 Guantanamo Detainees to Be Freed After Tribunals
| author=[[Kathleen T. Rhem]]
| publisher=[[American Forces Press Service]]
| date=March 30, 2005
| accessdate=2007-09-01
}}</ref>
 
Thirty-eight detainees were finally classified as "NLECs".<ref name=WapoNlec>
[http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref>
The fifth [[Denbeaux study|Denbeaux report]], "[[No-hearing hearings]]", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.<ref name=Denbeaux061117>
[[Mark Denbeaux]] et al,
[http://law.shu.edu/news/final_no_hearing_hearings_report.pdf No-hearing hearings]", November 17 2006</ref>
 
The ''[[Washington Post]]'' has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants.<ref name=WapoNlec>
[http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref>
None of the detainees who were determined not to have been enemy combatants were released right away.  Ten of the detainees who had been determined not to have been enemy combatants were allowed to move to the more comfortable [[Camp Iguana]].  Others, such as [[Sami Al Laithi]], remained in solitary confinement.
 
The delay in the release of some of the detainees was due to considerations of the detainees safety.  Some of the detainees could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or the governments of their countries.  Some, like Al Laithi, were returned to their home countries after the U.S. secured a promise that they would not be punished by their home countries.  Others, like five of [[Uyghur detainees in Guantanamo]], were released when the U.S. found a third country which would accept them.<ref name=Bbc060506>
[http://news.bbc.co.uk/1/hi/world/americas/4979466.stm Albania takes Guantanamo Uighurs], ''[[BBC]]'', [[May 6]] [[2006]]
</ref><ref name=BostonGlobe060518>
[http://www.boston.com/news/nation/articles/2006/05/18/freed_from_guantanamo_5_face_danger_in_albania/ Freed from Guantanamo, 5 face danger in Albania], ''[[Boston Globe]]'', May 18 2006
</ref>
 
Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.<ref name=AllHeadlineNews061117>
[http://www.allheadlinenews.com/articles/7005556662 U.S. Releases Three Men From Terror Camp In Guantanamo], ''[[All Headline News]]'', November 17 2006
</ref><ref name=UsStateDept061120>
[http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=November&x=20061120180922sjhtrop0.7480738 Albania Agrees To Resettle Three Detainees from Guantanamo], ''[[US State Department]]'', November 20 2006
</ref><ref name=MiamiHerald061117>
[http://www.miami.com/mld/miamiherald/16040949.htm Pentagon sends Guantánamo captives to Albania], ''[[Miami Herald]]'', November 17 2006
</ref>
 
==Multiple CSRTs==
 
The fifth Denbeaux study, entitled [[No-hearing hearings]], revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.<ref name="No-hearing_hearings">
{{cite web
| url=http://law.shu.edu/news/final_no_hearing_hearings_report.pdf
| title=No-hearing hearings
| page=page 17
| author=[[Mark Denbeaux]], [[Joshua Denbeaux]], David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner
| publisher=[[Seton Hall University]] School of Law
| accessdate=2007-04-02
}}</ref>
 
[[H. Candace Gorman]], the [[pro bono]] lawyer for [[Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi]] described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.<ref name=HuffingtonPost061120>
[http://www.huffingtonpost.com/h-candace-gorman-/secrets-of-the-war-crimin_b_34505.html Secrets of the War Criminals],  ''[[Huffington Post]]'', December 12 2006</ref>  Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files.  She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence.  But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence.
 
[[Lieutenant Colonel]] [[Stephen Abraham]] came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's Tribunal.<ref name=Cbs20070623>
{{cite news
| url=http://www.cbsnews.com/stories/2007/06/23/world/main2970288_page2.shtml
| title=Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings
| date=June 23, 2007
| publisher=[[CBS]]
| accessdate=2007-06-23
}}</ref><ref name=Affidavit>{{cite web
| url=http://www.scotusblog.com/movabletype/archives/Al%20Odah%20reply%206-22-07.pdf
| title=Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007
| publisher=[[United States Supreme Court]]
| date=June 14 2007
| accessdate=2007-06-25
}}</ref><ref name=TheJurist20070622>{{cite news
| author=[[Mike Rosen-Molina]]
| url=http://jurist.law.pitt.edu/paperchase/2007/06/guantanamo-tribunal-officer-says-csrts.php
| title=Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings
| publisher=[[The Jurist]]
| date=Friday, June 22, 2007
| accessdate=2007-06-25
}}</ref><ref name=WashingtonPost20070623>{{cite news
| url=http://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062202230.html
| title=An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings
| author=[[Carol D. Leonnig]], [[Josh White]]
| publisher=[[Washington Post]]
| date=Saturday, June 23, 2007
| accessdate=2007-06-24
}}</ref><ref name=HuffingtonPostWorthington20070808>
{{cite news
| url=http://www.huffingtonpost.com/andy-worthington/guantanamo-will-more-wh_b_59716.html
| author=[[Andy Worthington]]
| title=Guantánamo: Will More Whistleblowers Step Forward, Please?
| publisher=[[Huffington Post]]
| date=August 8, 2007
| accessdate=2007-08-09
}}</ref>
 
==NLEC captives==
 
On [[November 19]] [[2007]] the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004.<ref name=DoDNlecList20071119>
{{cite news
| url=http://media.miamiherald.com/smedia/2008/03/27/20/NLEC_DetaineeList.source.prod_affiliate.56.pdf
| title=Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo
| publisher=[[United States Department of Defense]]
| author=
| date=[[November 19]], [[2007]]
| accessdate=2008-03-01
| quote=
}}</ref>
{| class="wikitable"
|+ '''NLEC captives'''
|-
! '''[[Internee Security Number|isn]]''' || '''name''' || '''notes'''
|-
| 142 || [[Fazaldad]] || Date of his release to [[Pakistan]] unknown.
|-
| 208 || [[Maroof Saleemovich Salehove]] || Date of his release to [[Tajikistan]] unknown.
|-
| 248 || [[Saleh Abdall Al Oshan]] || Repatriated to Saudi custody.repatriated to Saudi custody on [[July 20]] [[2005]].<ref name=TheSaudiRepatriatesReport>
{{cite web
| url=http://www.fotofest.org/guantanamo/SaudiReport.pdf
| title=The Saudi Repatriates Report
| author=[[Anant Raut]], [[Jill M. Friedman]]
| date=[[March 19]] [[2007]]
| accessdate=2007-04-21
}}</ref><ref name=Reuters060526> [http://www.alertnet.org/thenews/newsdesk/HRW/5b4fb18f40ca51d56c447200d2d10865.htm Saudi Arabia: Guantanamo Detainees Return to Legal Limbo], ''[[Reuters]]'', [[May 26]] [[2006]]</ref>
|-
| 260 || [[Ahmed Adil]] || Sent to [[Albania]] with four other [[Uyghur]]s.
|-
| 276 || [[Akhdar Qasem Basit]] || Sent to [[Albania]] with four other [[Uyghur]]s.
|-
| 279 || [[Mohammed Ayub]] || Sent to [[Albania]] with four other [[Uyghur]]s.
|-
| 283 || [[Abu Bakr Qasim]] || Sent to [[Albania]] with four other [[Uyghur]]s.
|-
| 287 || [[Sami Abdul Aziz Salim Allaithy]] || Repatriated to Egypt, after assurances.
|-
| 293 || [[Adel Abdulhehim]] || Sent to [[Albania]] with four other [[Uyghur]]s.
|-
| 298 || [[Salih Uyar]] || Released to [[Turkey]], date unknown.
|-
| 357 || [[Abdul Rahman (Guantanamo detainee 357)|Abdul Rahman]] || Date of return to Afghanistan unknown.
|-
| 457 || [[Mohammad Gul]] || Date of return to Afghanistan unknown.
|-
| 459 || [[Gul Zaman]] || Date of return to Afghanistan unknown.
|-
| 491 || [[Sadik Ahmad Turkistani]] || Uyghur born in Saudi Arabia, repatriated to [[Saudi Arabia]].
|-
| 561 || [[Abdul Rahim Muslimdost]] || Release to Pakistan, disappeared mysteriously.
|-
| 581 || [[Shed Abdur Rahman]] || Date of his release to [[Pakistan]] unknown.
|-
| 586 || [[Karam Khamis Sayd Khamsan]] || Date of his release to [[Pakistan]] unknown.  Charged with attempting to assassinate The USA's ambassador to Yemen in December 2005.<ref name=YemenObserver051230>{{cite news
| url=http://www.yobserver.com/news_9069.php
| title=Panel Court Postpones Case of Guantanamo detainee
| publisher=[[Yemen Observer]]
| date=[[December 30]] [[2005]]
| accessdate=2006-03-12
}}</ref><ref name=YemenTimes051215>{{cite news
| url=http://yementimes.com/article.shtml?i=903&p=front&a=2
| title=U.S. Ambassador’s attackers stand trial
| publisher=[[Yemen Times]]
| date=[[December 15]] [[2005]]
| accessdate=2006-03-12
}}</ref> Acquitted on March 13 2006.<ref name=Upi060316>{{cite news
| url=http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060317-110234-8288r
| title=Security & Terrorism
| publisher=[[United Press International]]
| date=[[March 18]] [[2006]]
| accessdate=2006-03-19
}}</ref><ref name=YemenObserver060314>{{cite news
| url=http://www.yobserver.com/news_9739.php
| title=Court acquits Ex-Guantanamo Detainee
| publisher=[[Yemen Observer]]
| date=[[March 14]] [[2006]]
| accessdate=2006-03-19
}}</ref>
|-
| 589 || [[Khalid Mahomoud Abdul Wahab Al Asmr]]  || Date of return to [[Jordan]] unknown.
|-
| 631 || [[Padsha Wazir]]  || Date of return to Afghanistan unknown.
|-
| 649 || [[Mustaq Ali Patel]]  || Returned to [[France]].
|-
| 672 || [[Zakirjan Asam]] || Date of return to [[Uzbekistan]] unknown.
|-
| 712 || [[Hammad Ali Amno Gadallah]] || Date of return to [[Sudan]] unknown.
|-
| 716 || [[Allah Muhammed Saleem]] || Released to [[Albania]], on [[January 7]] [[2007]], where he has applied for asylum.<ref name=AsharqAlawsat070106>{{cite news
| url=http://aawsat.com/english/news.asp?section=1&id=7564
| title=Egypt: Human Rights Activist Identifies 2 Former Egyptian Guantanamo Detainees
| date=[[January 6]] [[2007]]
| author=Essam Fadl
| publisher=[[Asharq Alawsat]]
| accessdate=2007-01-07
}}</ref>
|-
| 718 || [[Fethi Boucetta]]  || Released to [[Albania]] rather than his home of [[Algeria]].
|-
| 730 || [[Ibrahim Fauzee]]  || Citizen of the [[Maldives]].  Release date unknown.
|-
| 812 || [[Qalandar Shah]]  || Date of return to Afghanistan unknown.
|-
| 834 || [[Shahwali Zair Mohammed Shaheen Naqeebyllah]]  || Date of return to Afghanistan unknown.
|-
| 835 || [[Rasool Shahwali Zair Mohammed Mohammed]] || Date of return to Afghanistan unknown.
|-
| 929 || [[Abdul Qudus]] || Date of return to Afghanistan unknown.
|-
| 952 || [[Shahzada (Guantanamo captive 952)|Shahzada]] || Date of return to Afghanistan unknown.
|-
| 953 || [[Hammdidullah]] || Date of return to Afghanistan unknown.
|-
| 958 || [[Mohammad Nasim (Guantanamo detainee 958)|Mohammad Nasim]]
|-
| 986 || [[Kako Kandahari]]
|-
| 1013 || [[Feda Ahmed]]
|-
| 1019 || [[Nasibullah]]
|-
| 1041 || [[Habib Noor]]
|-
| 1117 || [[Jalil]]
|-
| 1157 || [[Hukumra Khan]]
|}
 
==See also==
*[[Seton Hall study]]
 
==References==
<references/>

Latest revision as of 09:18, 30 May 2009

This is a draft in User space, not yet ready to go to Citizendium's main space, and not meant to be cited. The {{subpages}} template is designed to be used within article clusters and their related pages.
It will not function on User pages.

For more information, see: Combatant Status Review Tribunal.
For more information, see: Guantanamo Bay detention camp/Catalogs.
Retrieved from "https://citizendium.org/wiki/index.php?title=User:George_Swan/sandbox/No_longer_enemy_combatant&oldid=448877"