Fouzi Khalid Abdullah Al Awda

Fouzi Khalid Abdullah al Awda
Born	1977 (age 34–35) Kuwait City, Kuwait
Detained at	Guantanamo
Alternate name	Fawzi Khalid Abdullah Fahad al Odah
ISN	232
Status	Still held in Bangcock

Fouzi Khalid Abdullah al Awda is a Kuwaiti citizen held in the United States Guantanamo Bay detainment camps, in Cuba.^[1] He has been detained without charge in Guantanamo Bay since 2002.^[1][2] He is a plaintiff in the ongoing case, Al Odah v. United States, which challenges his detention, along with that of fellow detainees. The case is widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term.^[3] The US Department of Defense reports that he was born in 1977, in Kuwait City, Kuwait.

U.S. District Court Judge Colleen Kollar-Kotelly's ruling on Al Odah's habeas corpus petition was published on September 1, 2009.^[4][5][6] She denied his habeas corpus petition based on the assumption that it was more likely than not that Awda was a foot soldier fighting in Afghanistan against US troops.

Fouzi Khalid Abdullah al Awda arrived at the Guantanamo detention camps on February 28, 2002, and has been held there for 9 years, 11 months and 27 days.^[7][8][9]

Contents 1 Capture 2 Al Odah v. United States 3 Meetings with attorneys 4 Media Editorials 5 Al Odah v. United States 6 See also 7 References 8 External links

Capture

According to an interview Fawzi's father, Khalid al-Odah, gave to Amnesty International, Fawzi traveled in 2001 to the Pakistan/Afghanistan border area in order to do charitable outreach work,^[10] Following the attacks of September 11, 2001, Fawzi fled Afghanistan, intending to return home to Kuwait. Fawzi successfully crossed the border into Pakistan but was then captured by Pakistani bounty hunters.

The bounty hunters handed Fawzi and eleven other Kuwaitis over to American authorities.^{[10][11][12][13][14]} The Kuwaitis were then transported to Cuba.

Al Odah v. United States

Al Odah v. United States is a writ of habeas corpus petition on behalf of Guantanamo detainees. This consolidated case currently represents four plaintiffs: Fawzi Khalid Abdullah Fahad Al Odah, Fayiz Mohammed, Ahmed Al Kandari, Khalid Abdullah Mishal Al Mutairi, and Fouad Mahmoud Al Rabiah. Al Odah v. United States was originally filed April 2002 on behalf of twelve imprisoned Kuwaitis, including Al Odah, seeking the right of habeas corpus. The case was dismissed in May 2002 following a government motion to dismiss the habeas corpus petition.^[15]

On June 28, 2004, the Supreme Court issued an opinion on a related Guantanamo case, Rasul v. Bush, affirming the right of Guantanamo detainees to challenge their imprisonment in the U.S. federal court system. Under this ruling, detainees such as those represented in Al Odah would be able to file habeas corpus petitions in U.S. courts.

In April 2007, the Supreme Court declined to hear two cases challenging the Military Commissions Act: Boumediene v. Bush and Al Odah v. United States On June 29, 2007, the court reversed that decision, releasing an order that expressed their intent to hear the challenge. The two cases have been consolidated into one.^[16] Oral arguments were heard on December 5, 2007. The decision, striking down the Military Commissions Act, was handed down on 12 June 2008.^[17][18]

On July 18, 2008 David J. Cynamon filed a "PETITIONERS’ STATUS REPORT" in Al Odah, v. United States Civil Action No. CV 02-0828 (CKK) on behalf of Fawzi Khalid Abdullah Fahad Al Odah, Fayiz Mohammed Ahmen Al Kandari, Khalid Abdullah Mishal Al Mutairi, Fouad Mahmoud Al Rabiah.^[19] He wrote that they were the four remaining Kuwaiti captives in Guantanamo. He wrote that none of the four men had been cleared for release. He wrote that the government had completed "factual returns" for all four men—but those factual returns had contained redacted sections.

Meetings with attorneys

On September 28, 2005, the Associated Press reported on a meeting between attorneys Thomas Wilner and Kristine Huskey and their Kuwaiti clients.^[20] According to Wilner and Huskey, al-Odah and four of his compatriots, were on a hunger strike and had lost a dangerous amount of weight. They reported that al-Odah had been force-fed and could barely sit up.

Human Rights critics argue that the detainees retain the right to give or withhold consent to all medical procedures.

According to Fawzi's lawyer, Thomas Wilner, Fawzi wanted Wilner to file a legal request ordering the removal of his feeding tube. Wilner did file such a request because Fawzi's family was "frantic" and opposed the motion.

Wilner said that at the time, Fawzi looked "like a skeleton".

Al-Odah told his lawyers that camp authorities had warned the hunger strikers that they would start strapping them in "restraint chairs" during their force-feedings.^[21]

In an interview in Marie Claire magazine Huskey described her surprise that when she first met with Guantanamo clients, like al-Odah, they preferred food brought from Guantanamo fast food outlets to the Arabic delicacies she and her colleagues had brought from the Continental US.^[22] She reported that Al-Odah's favorite was MacDonald's French Fries and ice cream.

Media Editorials

Fawzi Al-Odah's father, Khalid al-Odah, wrote an Op-Ed in the Washington Post, on September 2, 2006, entitled: "Put My Son on Trial -- or Free Him".^[23] In the article Khalid argues that "hundreds of innocent men sit in prison", who could have been freed, if American authorities had granted them the protections of the rule of law and granted them a fair trial in a traditional court of law.

Al Odah's father stated that Fawzi had always been an admirer of the American system.^[23]

The Washington Post identifies Khalid Al-Odah as the founder of the Kuwaiti Family Committee.^[23] It states:

"The writer founded the Kuwaiti Family Committee four years ago to secure the legal rights of foreign nationals imprisoned at Guantanamo Bay."

The New York Times editorial board has spoken out in favor of the plaintiffs in the Al Odah v. United States case, calling it "the Supreme Court showdown of the year".“Civil liberties groups — and this Editorial Board", write the editors, "believe it is important for the Supreme Court to make clear that the detainees have a constitutional right to have a judge determine whether they are being properly held.”.^[24]

Al Odah v. United States

Fouzi Khalid Abdullah Al Awda was among the eleven captives covered in the July 2008 "Petitioners' Status Report" filed by David J. Cynamon in Al Odah, v. United States on behalf of the four remaining Kuwaiti prisoners in Guantanamo. Seven other prisoners were amalgamated to the case, which charged that none of the men had been cleared for release, even though the government had completed factual returns for them -- and those factual returns had contained redacted sections.^[19]

The decision, striking down the Military Commissions Act, was handed down on June 12, 2008.^[17][25]

On May 12, 2007, the Kuwait Times reported that Kuwait and the USA concluded negotiations regarding the repatriation of the remaining Kuwaiti captives.^[26] Nevertheless Khaled Al Mutayri, Fouzi Khalid Abdullah Al Awda, Fouad Mahoud Hasan Al Rabia and Faiz Mohammed Ahmed Al Kandari continue to be held as of August 1, 2009.^[27] US District Court Judge Colleen Kollar-Kottely ordered the immediate repatriation of Khaled Al Mutairi on July 29, 2009.^{[28][29][30][31][32]} According to The Jurist the habeas corpus cases for the other three men are expected to conclude in August and September 2009.

Kollar-Kotelly ruled on Al Odah's habeas corpus petition on August 24, 2009.^[4][5][6] The 32 page ruling was published on September 1, 2009, after classified portions had been redacted. She ruled that the USA could consider Al Odah was an "enemy combatant", without regard to whether the training camp he attended was actually the al Farouq training camp, because he had acknowledged attending a training camp, for a single day.

See also

• Guantanamo force feeding

References

External links

• MPs Call For Release Of ‘Gitmos’ June 2011
• Who Are the Remaining Prisoners in Guantánamo? Part Three: Captured Crossing from Afghanistan into Pakistan (1 of 2) Andy Worthington, September 22, 2010
• Kuwaiti Family Committee is a site with details about the Kuwaiti detainees.
• Prisoner's father hopes courts find, fix 'big mistake', USA Today, April 19, 2004
• Guantanamo man tells of 'torture' BBC News, March 3, 2006
• Guantanamo interview: full transcript, BBC News, March 3, 2006
• Kuwait to Guantanamo Bay, Al-Ahram, February 27, 2005
• Guantanamo man 'wants to starve', BBC, October 26, 2005

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Controversies surrounding people captured during the War on Terror Guantanamo Bay detention camp Suicide attempts · Quran desecration controversy · Boycott of military tribunals · Former captives alleged to have (re)joined insurgency · Hunger strikes · Force feeding · Homicide accusations · Juvenile prisoner CIA black site operations Enhanced interrogation techniques · Ghost detainees · Waterboarding · Destruction of interrogation tapes Prison and detainee abuse Abu Ghraib · Bagram · Canadian Afghan detainee issue · Black jail · Salt Pit Prison uprisings and escapes Battle of Qala-i-Jangi · Battle of Abu Ghraib · 2008 Sarposa Prison mass escape · Basra prison incident · Afghan escapes · Iraqi escapes Deaths in custody Dilawar · Jamal Nasser · Abdul Wahid · Habibullah · Abed Hamed Mowhoush · Manadel al-Jamadi · Nagem Hatab · Baha Mousa · Fashad Mohamed · Muhammad Zaidan · Gul Rahman · Abdul Wali Tortured Abu Zubaydah · Mohamedou Ould Slahi · Mohammed al-Qahtani · Khalid Sheikh Mohammed · Abdul Jabar · Abd al-Rahim al-Nashiri · Binyam Mohamed Forced disappearances Ibn al-Shaykh al-Libi · Abdu Ali al Haji Sharqawi · Muhammed al-Darbi · Mohammed Omar Abdel-Rahman · Yassir al-Jazeeri · Tariq Mahmood · Hassan Ghul · Musaad Aruchi · Hiwa Abdul Rahman Rashul Reports and legislation Ryder Report · Fay Report · Taguba Report · Church Report · Detainee Treatment Act · Senate Armed Services Committee Report Related media The Road to Guantanamo · Taxi to the Dark Side · Standard Operating Procedure · Torturing Democracy

Persondata
Name
Alternative names
Short description
Date of birth	1977
Place of birth	Kuwait City, Kuwait
Date of death
Place of death