| Habib Noor | |
|---|---|
| Born | 1968 (age 43–44) Mangal Village, Afghanistan |
| Arrested | Afghanistan Military Forces |
| Citizenship | Afghanistan |
| Detained at | Guantanamo |
| ISN | 1041 |
| Charge(s) | No charge (held in extrajudicial detention) |
| Status | Determined not to have been an enemy combatant after all |
Habib Noor is an Afghan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 1041. American intelligence analysts estimate that Noor was born in 1968, in Mangal Village, Afghanistan.
According to the Associated Press the allegations against Nasir, in his Combatant Status Review Tribunal, stated he owned a compound: "...that harbored attackers who ambushed U.S. special forces and Afghan soldiers in Khost province.[2]" But Noor said he wasn't even home at the time of the alleged ambush.
Habib Noor was repatriated to Afghanistan on April 18, 2005 with the seventeen other Afghans whose Tribunals determined they had not been enemy combatants after all.[3][4]
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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.
The allegations Noor faced during his CSRT were[8]:
- a. The detainee supported anti-coalition forces engaged in hostilities against the United States and its coalition partners.
- The detainee owns the compound that several individuals fled to after ambushing United States Special Forces and Afghanistan Military Forces.
- The detainee knows one of the attackers who ambushed United States Special Forces and Afghanistan Military Forces.
- Afghanistan Military Forces in Lalmai Village, Khowst Province, Afghanistan detained the detainee.
Noor chose to participate in his Combatant Status Review Tribunal.[9] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a six page summarized transcript from his Combatant Status Review Tribunal.[10]
The Washington Post reports that Noor was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.[11] They report that Noor has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.
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