Abdulah Alhamiri

Abdulah Alhamiri
Born 1979 (age 32–33)
Citizenship United Arab Emirates
Detained at Guantanamo
ISN 48
Charge(s) No charge (held in extrajudicial detention)
Status Repatriated

Abdulah Alhamiri (عبدالله الحميري) is a citizen of United Arab Emirates and former student of Portland State University. He is best known for the time he spent in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 48.[2] He was born on October 25, 1979, in Al Ain, United Arab Emirates.

Contents

Combatant Status Review

Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the "War on Terror", while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners.[3] Subsequently, the US Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant".[4]

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee may pose if released or transferred, and whether there are other factors that warrant his continued detention.[5]

Summary of Evidence memos were prepared for Abdulah Alhamiri's first and second annual Administrative Review Board hearings on February 23, 2005 and February 10, 2006.[6][6] The two memos were identical, except the 2006 memo had one additional final factor favoring continued detention. The following primary factors favor continued detention

a. Commitment
  1. Approximately two weeks after September 11, 2001, detainee was taken to the front lines in Kabul, where he manned an observation post and constructed defensive positions.
  2. The detainee stated that he does not like the American Government.
  3. The detainee stated that Jihad is the duty of all Muslims and that if an Imam orders it then he would fight.
  4. The detainee made it very clear that he would kill Americans if they came against Islam.
b. Training
  1. Detainee received small arms training at a camp in Omarsaif and served as an interpreter for the camp physician.
c. Connections and Associations
  1. The detainee was linked to various individuals suspected of being members of al Qaida.
d. Intent
  1. The detainee stated that any Muslim who allies himself with an American forfeits Islam and paradise.
  2. In June 2001 the detainee left the United Arab Emirates (UAE) and traveled to Afghanistan to conduct his personal Jihad.
e. Other Relevant Data
  1. Detainee was a student at Portland State University and left the United States to help the Taliban build an Islamic State in Afghanistan.

The following primary factors favor release or transfer

N/A

Second annual Administrative Review Board

The Summary of Evidence memo drafted, on February 10, 2006 was identical to the one drafted for his first annual Administrative Review Board on February 23, 2005, except that one more factor was added to the sub-section titled "Other Relevant Data"[7]:

The detainee continued to refuse to speak or answer questions posed to him during interviews.

Third annual Administrative Review Board

Third annual Administrative Review Board hearing

The Department of Defense published documents from the captives' third annual Administrative Review Board hearings on January 9, 2009.[8] A Summary of Evidence memo was prepared for Abdullah K Al Hamairi's third annual Administrative Review Board on May 15, 2007.[9] The three page memo listed nineteen "primary factors favor[ing] continued detention" and one "primary factor favor[ing] release or transfer".

Board recommendations

One January 9, 2009, the Department of Defense published two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[10][11] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his continued detention on September 17, 2007.

Writ of habeas corpus

A writ of habeas corpus was filed on Al-Hamiri's behalf, following the United States Supreme Court's June 12, 2008 ruling in Boumediene v. Bush, which overturned the provisions in the Detainee Treatment Act and Military Commissions Act, which had closed captives' access to habeas corpus.[12][13]

Repatriation

On November 26, 2008 the Department of Defense published a list of the dates detainees left Guantanamo.[14][15] Al Hamari was repatriated on August 1, 2008, along with another man, ISN 1165.[16]

References

  1. ^ "Abdulah Alhamiri – The Guantánamo Docket". The New York Times (The New York Times Company). http://projects.nytimes.com/guantanamo/detainees/48-abdulah-alhamiri. Retrieved 3 January 2010. 
  2. ^ "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 2006-05-15. 
  3. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.  mirror
  4. ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  5. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902. Retrieved November 12, 2010. 
  6. ^ a b OARDEC (2005-02-23). "Unclassified Summary of Evidence for Administrative Review Board in the case of". United States Department of Defense. pp. pages 41–42. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#41. Retrieved 2008-07-29. 
  7. ^ OARDEC (2006-02-10). "Unclassified Summary of Evidence for Administrative Review Board in the case of Alhamiri, Abdulah". United States Department of Defense. pp. pages 94–95. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_1-99.pdf#94-95. Retrieved 2008-09-28. 
  8. ^ "Index to Summaries of Detention-Release Factors for Administrative Review Boards (Round 3) Held at Guantanamo". United States Department of Defense. 2009-01-29. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB3FactorIndex8Jan09.pdf. Retrieved 2009-01-22. 
  9. ^ OARDEC (2007-05-15). "Unclassified Summary of Evidence for Administrative Review Board in the case of Abdullah K Al Hamairi". United States Department of Defense. pp. pages 61–63. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_FactorsDocsBates1-100.pdf#61. Retrieved 2009-01-30. 
  10. ^ OARDEC (2007-09-09). "Administrative Review Board assessment and recommendation ICO ISN 048". United States Department of Defense. pp. page 257. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos1261-1823.pdf#257. Retrieved 2009-01-29. 
  11. ^ OARDEC (2007-05-31). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 048". United States Department of Defense. pp. pages 258–266. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos1261-1823.pdf#258-266. Retrieved 2009-01-29. 
  12. ^ Debra M. Hughes (2008-08-08). "Guantanamo Bay Detainee Litigation: Doc 278 -- STATUS REPORT BY PETITIONER ABDULAH ALHAMIRI". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/278/0.pdf. Retrieved 2008-11-17. 
  13. ^ Debra M. Hughes (2008-08-08). "Guantanamo Bay Detainee Litigation: Doc 380 -- Notice of filing". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/380/0.pdf. Retrieved 2008-11-17. 
  14. ^ OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. 
  15. ^ Bernard Wittes. "The Current Detainee Population of Guantánamo: An Empiricial Study". Brookings Institute. http://www.brookings.edu/reports/2008/~/media/Files/rc/reports/2008/1216_detainees_wittes/1216_detainees_wittes_appendix2.pdf. Retrieved 2009-01-30. 
  16. ^ H. Candace Gorman (2008-08-15). "7/28/08 Transfers updated". http://gtmoblog.blogspot.com/2008_08_15_archive.html. Retrieved 2009-01-30. 

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