Adil Mabrouk Bin Hamida

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Adil Mabrouk Bin Hamida
Born: September 15, 1970(1970-09-15)
Tunis, Tunisia
Detained at: Guantanamo
Alias(s): Adel Ben Mabrouk Bin Hamida Boughanmi, Adil Mabrouk Bin Hamida (Boughanmi)
ID number: 148
Conviction(s): no charge, held in extrajudicial detention

Adil Mabrouk Bin Hamida is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Hamida's Guantanamo detainee ID number is 148. Joint Task Force Guantanamo counter-terrorism analysts reports that Hamida was born on September 15, 1970, in Tunis, Tunisia.

Contents

[edit] Identity

Captive 148 is identified inconsistently on official Department of Defense documents:

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. The neutrality of this section is disputed. Please see the discussion on the talk page.(December 2007)Please do not remove this message until the dispute is resolved.
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[9][10] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[11]
The neutrality of this section is disputed.
Please see the discussion on the talk page.(December 2007)
Please do not remove this message until the dispute is resolved.

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 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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Adel Ben Mabrouk Bin Hamida Boughanmi's Combatant Status Review Tribunal, on 8 October 2004.[12][2] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida.
  1. The detainee a Tunisian national[13] living in Italy, traveled to Afghanistan in early 2001.
  2. The detainee stayed at the "House of Algerians" guesthouse in Jalalabad.
  3. The detainee trained on the assembly and disassembly of the Kalishnikov [sic] rifle.
  4. The Tunisian government has listed the detainee as an extremist who lived in the Bosnian-Mujahedin Village of Boeinja Bonja.
  5. The detainee was a member of the Sami Essid Network.
  6. The Sami Essid Network provides financial support to terrorist groups.
  7. Detainee was sentenced to twenty years imprisonment in Tunisia[14] for being a member of a terrorist organization operating abroad.
  8. Detainee possibly falsified passports for fleeing al Qaida combatants who make it to Europe.
  9. Detainee was captured on the Afghanistan-Pakistan border by Pakistani military forces.

[edit] Transcript

Hamida chose to participate in his Combatant Status Review Tribunal.[15]

[edit] Response to the allegations

  • Adel Ben acknowledged traveling to Afghanistan -- as an immigrant.
  • Adel Ben acknowledged staying at the "House of the Algerians".
  • Adel Ben acknowledged being trained on the assemby and disassembly of the AK-47.
  • Adel Ben denied ever traveling to Bosnia, and denied ever hearing of the village of Bocinja Donja.
  • Adel Ben said he had never heard of the Sami Essid Network.
  • Adel Ben denied any knowledge of any sentences against him in Tunisia.
  • Adel Ben denied ever forging any passports.
  • Adel Ben acknowledged being captured on the Afghanistan-Pakistan border.

Adel Ben's Personal Representative was able to produce Adel Ben's passport into evidence, in an attempt to show his passport had no stamp from Bosnia, showing that the allegation that he had traveled to Bosnia was false. The Tribunal's President criticized the Personal Representative for not having the passport translated prior to introducing it.

[edit] Response to Tribunal questions

[edit] Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[16]

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 class+ ified 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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's first annual Administrative Review Board, on 20 July 2005.[3] The memo listed factors for and against his continued detention.

[edit] Transcript

There is no record that captive 148 participated in this Board hearing.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's second annual Administrative Review Board, on 25 April 2006.[4] The memo listed factors for and against his continued detention.

[edit] Transcript

There is no record that captive 148 participated in this Board hearing.

[edit] References

  1. ^ a b OARDEC (May 15, 2006). 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. Retrieved on 2007-09-29.
  2. ^ a b OARDEC (8 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Boughanmi, Adel Ben Mabrouk Bin Hamida pages 46-47. United States Department of Defense. Retrieved on 2007-12-04.
  3. ^ a b OARDEC (20 July 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk pages 65-68. United States Department of Defense. Retrieved on 2007-12-04.
  4. ^ a b OARDEC (25 April 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk pages 14-17. United States Department of Defense. Retrieved on 2007-12-04.
  5. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  6. ^ OARDEC (September 4, 2007). Index for testimony. United States Department of Defense. Retrieved on 2007-09-29.
  7. ^ OARDEC (August 9, 2007). Index to Summaries of Detention-Release Factors for ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
  8. ^ OARDEC (July 17, 2007). Index of Summaries of Detention-Release Factors for ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
  9. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  10. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  11. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
  12. ^ OARDEC. "Summary of Evidence for Combatant Status Review Tribunal -- name redacted", United States Department of Defense, 8 October 2004, pp. 176-177. 
  13. ^ The three words, "A Tunisian national" were redacted in the version released in March 2005.
  14. ^ The phrase "sentenced to twenty years imprisonment in Tunisia" was redacted in the version released in March 2005.
  15. ^ Summarized transcripts (.pdf), from Adil Mabrouk Bin Hamida's Combatant Status Review Tribunal - pages 48-58
  16. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.