| Adnan Farhan Abdul Latif | |
|---|---|
undated photo of Abdul Latif, prior to his detention |
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| Born | December 27, 1975 Aluday, Yemen |
| Detained at | Guantanamo |
| Alternate name |
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| ISN | 156 |
| Charge(s) | No charge (unlawfully detained) |
| Status | Under review: Judge Henry Kennedy Jr. ordered the Obama administration to release him forthwith; a classified opinion released by the D.C. Circuit vacated this order and remanded the case |
Adnan Farhan Abdul Latif, also known as Allal Ab Aljallil Abd al Rahman, is a Yemeni citizen currently detained at the American naval base at Guantanamo Bay, Cuba.[1] The current legal status of his detention is indeterminate, as the controlling opinion bearing upon this question is classified [2] [3]. Joint Task Force Guantanamo reported that Abd al Rahman was born on December 27, 1975, in Aluday, Yemen.
He won his habeas corpus in July 2010 and Judge Henry H. Kennedy, Jr.. ordered the Obama administration to "take all necessary and appropriate diplomatic steps to facilitate Latif's release forthwith." Judge Kennedy says the Obama administration has failed to show evidence that he was part of al Qaeda or an associated force.[4][5]
Latif's attorney, David Remes, said, "This is a mentally disturbed man who has said from the beginning that he went to Afghanistan seeking medical care because he was too poor to pay for it. Finally, a court has recognized that he's been telling the truth, and ordered his release."[6]
As of today, Adnan Farhan Abdul Latif has been held at Guantanamo for 10 years, 1 month and 8 days; he arrived there on January 17, 2002.[7][8] [9]
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Allal Ab Aljallil Abd al Rahman was among the 60% of prisoners who chose to participate in tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee, listing the allegations that supported their detention as an "enemy combatant".
His's memo accused him of the following:[1][10][11]
- a. The detainee is an al Qaida fighter:
- In the year 2000 the detainee reportedly traveled from Yemen to Afghanistan.
- The detainee reportedly received training at the al-Farouq training camp.
- b. The detainee engaged in hostilities:
- In April 2001 the detainee reportedly returned to Afghanistan.
- The detainee reportedly went to the front lines in Kabul.
According to the study entitled, No-hearing hearings, Al Rahman Abd's Tribunal was an instance where a detainee had his requests for exculpatory evidence arbitrarily refused, in violation of the orders that established the Tribunals:[12] Al Rahman Abd wanted his hospital records, which would prove he was in a hospitabl in Jordan when the allegations against him said he was participating in terrorist activities.
"During the hearing, the detainee requested that the Tribunal President obtain medical records from a hospital in Jordan . . . The Tribunal president denied the request. He determined that, since the detainee failed to provide specific information about the documents when he previously met with his PR, the request was untimely and the evidence was not reasonably available."
The study commented:
"CSRT Procedures provide for two reasons to deny requested evidence: that it is irrelevant and that it is “not reasonably available.” That the detainee did not mention this request to his personal representative is not a reason to deny the evidence, at least according to the Procedures set forth in the July 29, 2004 memo."
A petition of habeas corpus, Allal Ab Aljallil Abd Al Rahman Abd v. George W. Bush -- Civil Action No. 04-CV-1254 (HKK), was filed on Allal Ab Aljallil Abd Al Rahman Abd's behalf. In response, on 18 October 2004, James R. Crisfield Jr. the Department of Defense published a dossier of 24 pages of unclassified documents arising from his Combatant Status Review Tribunal.[13]
His "enemy combatant" was confirmed by Tribunal panel 9. Most Tribunal dossiers state when the Tribunal convened. His does not.
On October 16, 2004 James R. Crisfield Jr., one of the Office for the Administrative Review of Detained Enemy Combatants' Legal Advisors, commented in his Legal Sufficiency Review, on the Tribunal President's ruling that the hospital records he requested, that would show he was mentally ill, and traveled to Afghanistan for medical treatment, were not reasonably available. He commented that the ruling that the request was not "timely" was within the Tribunal President's jurisdiction. But he disagreed that the medical records could not have changed the Tribunal's conclusion.
His Personal Representative (CSRT) met with him for twenty five minuteson 27 September 2004.
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In the conclusion to the Unclassified summary of basis for Tribunal decision the Tribunal President stated:
| a. |
The detainee was mentally and physically capable of participating in the proceeding. No medical or mental health evaluation was deemed necessary. |
| b. |
The detainee understood the Tribunal proceedings. He asked questions regarding his rights and hearing procedures and actively participated in the hearing, verbally sparring with the Tribunal President at every opportunity and giving every impression that he is an intelligent individual with a clear understanding of his situation. |
| c. |
The detainee is properly classified as an enemy combatant and is a member of or affiliated with al Qaida. |
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.[14]
A Summary of Evidence memo was prepared for Allal Ab Aljallil Abd Al Rahman Abd's first annual Administrative Review Board, on 24 March 2005.[15]
The following primary factors favor continued detention
- a. Commitment
- In the year 2000, the detainee traveled from Yemen to Afghanistan.
- In April 2001, the detainee returned to Afghanistan.
- The detainee was identified by his alias, as having been on Usama Bin Laden's security detail.
- b. Training
- The detainee received training at the Al Farouq training camp.
- c. Connection/Associations
- The detainee traveled to Afghanistan to help Ibrahim Aliwee improve the Islamic studies center in Kabul.
- Ibrahim is a probable member of al Qaida.
- d. Intent.
- The detainee went to the front lines in Kabul.
- e. Other Relevant Data
- Detainee's overall behavior has been non-compliant and aggressive. Detainee does not comply with guards instruction. Detainee continues to talk between the blocks. Detainee also has multiple occurrences of causing damage in his cell. Detainee has shown by his actions that he has little regard for the rules of the cellblock and does not respect his fellow man.
The following primary factors favor release or transfer
- The detainee stated he was in Pakistan because Ibrahim, a Yemeni man who was a humanitarian, took him to the hospital there. He was only in Pakistan a short time and did not have time to receive treatment.
Abd al Rahman chose to participate in his Administrative Review Board hearing.[16] The Department of Defense released a nine page summarized transcript of his hearing. He prepared a 10 point response to the factors favoring his continued detention.[17]
A Summary of Evidence memo was prepared for Allal Ab Aljallil Abd Al Rahman Abd's second annual Administrative Review Board, on 15 February 2006.[15] The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
- a. Commitment
- The detainee claims he met a man in Yemen who talked about jihad and Afghanistan. The man convinced the detainee to go to Afghanistan.
- This man is a probable al Qaida member.
- The detainee flew from Sanaa, Yemen to Karachi, Pakistan. He then traveled to Quetta, Pakistan and then to Kandahar, Afghanistan.
- This trip was sponsored by the Gameit al Hekma organization.
- b. Training
- The Taliban gave the detainee weapons training and put him on the front line facing the Northern Alliance north of Kabul.
- c. Connections/Associations
- One of the detainee's names appears on a list of Usama Bin Laden's security detail.
- The detainee's name appears on a list of al Qaida Mujahidin with the contents of their trust accounts found on files recovered from various computers seized during raids against al Qaida associated safehouses.
- d. Other Relevant Data
- The detainee claimed he prefers the name Abdelrahman Abdulla Abdel Galil. The name on his passport is Adnan Farhan Abd al Latif. Latif is his family name.
- The detainee also stated that his correct full name is Afnahn Purhan Abjillil.
The following primary factors favor release or transfer
- a. The detainee claimed he did not agree with the attacks on America. He said he would go back to Yemen if released from the detention facility. He claimed he had never been to al Qaida camps and had never seen or heard of Usama Bin Laden. In addition, he claimed he did not know of anyone who worked at al Qaida camps and never heard of any plans to attack the USS Cole.
- b. While on the front line facing the Northern Alliance, the detainee claimed he never fired a shot.
The Military Commissions Act of 2006 mandated that Guantanamo detainees were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo detainees to access the US Federal Court system. And all previous Guantanamo detainees' habeas petitions were eligible to be re-instated.
Adnan Farhan Abdul Latif had a request for his habeas petition to be re-instated.
On August 15, 2008 Marc D. Falkoff filed an "emergency motion to compel access" to his medical records.[18][19] The motion stated:
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Adnan Farhan Abdul Latif's attorney's emergency motion stated that he was suffering seizures, and was not being properly treated. The items in the petition for "miscellaneous relief" was for him to be allowed another blanket, and a pillow, to try to help prevent his seizures.[20]
On September 22, 2008 Thomas F. Hogan denied the Emergency Motion for Adnan Farhan Abdul Latif's medical records, pillow and blanket.[20][21]
On April 17, 2009, Al Jazeera reported they had obtained a letter from Adnan Farhan Abdul Latif, in which he described receiving recent abuse at Guantanamo.[22] The report said the letter, dated April 2009, was addressed to one of his lawyers. Al Jazeera did not report how the letter came into their custody.
The report also quoted David Remes observations on the appearance of Abdul Latif and his other clients.[22] Remes said he had taken inventories of new scars and rashes on his clients:
"Adnan Latif ... has a badly dislocated shoulder blade. I've seen the evidence of physical torture and I've also heard about the evidence of psychological torture."
Associated Press reported on May 11, 2009, that Remes reported that Latif slit his wrists during his most recent visit.[23] Remes said that Latif had used the edge of a strip of broken veneer from the side of a table in the interview room to sever a vein in his wrist. Remes said Latif used the table to hide his wrist slitting, himself, their interpreter, and camp guards monitoring the interview via video camera.
Remes said Latif had tried to commit suicide before, and had been confined to the detention facility's psychiatric facility.[23] Remes said Latif needed mental health care, but all camp authorities were doing was attempting to keep him subdued.
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