Lakhdar Boumediene

Lakhdar Boumediene
Born April 27, 1966 (1966-04-27) (age 45)
Aïn Soltane, Saïda, Algeria
Released May 19, 2009
France
Detained at Guantanamo
ISN 10005
Status Released

Lakhdar Boumediene, a citizen of Bosnia and Herzegovina was held in military custody in the United States Guantanamo Bay detention camps, in Cuba beginning in January 2002.[1] Boumediene was the lead plaintiff in Boumediene v. Bush, a 2008 U.S. Supreme Court decision that Guantanamo detainees have the right to file writs of habeas corpus in U.S. federal courts. After he was found innocent Boumediene was transferred to France on May 15, 2009.

Contents

Background

"I lived in a nightmare for seven years. Even animals are treated better." "My daughter does not recognize me. I didn’t see my wife for seven years. I lost everything. Who will give me these years back?"

—Lakhdar Boumediene[2]

In early October 2001, less than a month after al Qaeda's attack on September 11, 2001, American intelligence analysts in the Embassy became concerned that an increase in chatter was a clue that al Qaeda was planning an attack on their embassy. At their request Bosnia arrested Bensayah Belkacem, the man they believed had made dozens of phone calls to Afghanistan and Pakistan, and five acquaintances of his. All six men were residents of Bosnia, who were born in Algeria. Five of the men were Bosnian citizens.

In January 2002, the Supreme Court of Bosnia ruled that there was no evidence to hold the six men, ordered the charges dropped and the men released. American forces, including troops who were part of a 3,000 man American peace-keeping contingent in Bosnia were waiting for the six men upon their release from Bosnia custody, and transported them to Guantanamo.

On November 20, 2008, U.S. District Judge Richard J. Leon ordered the release Lakhdar Boumediene along with four other Algerians he was being held with. A sixth Algerian detainee, Bensayah Belkacem, was not ordered to be released.[3]

Boumediene v. Bush

Lakhdar Boumediene is one of the captives who had a writ of habeas corpus submitted on his behalf.[4] The Department of Defense released fifteen pages of documents prepared for his Combatant Status Review Tribunal.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[5]

Supreme Court ruling

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 captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[6]

Habeas re-instatement

His habeas corpus and those of the other five men were re-instated.[7] The Department of Justice dropped the allegation that they had been involved in a plot to bomb the US Embassy in Sarajevo. Instead it claimed it would produce evidence that the six men had been planning to travel to Afghanistan, to attack American troops—even though there were American troops stationed in their adopted country—Bosnia.

Release order

On 20 November 2008 US District Court Judge Richard Leon ruled that the USA had no credible evidence to justify the detention of Boumediene and four of the five other men.[8][9][10][11] According to the Washington Post Leon took the extraordinary step of encouraging the Department of Justice to not appeal his ruling, because seven years was enough. Because the Government claimed the evidence should be considered classified Leon considered the evidence in camera. But it was revealed that evidence the five men had planned to travel to Afghanistan was based on a single un-named source.

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.[12]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Lakhdar Boumediene's first annual Administrative Review Board, on 30 November 2005.[13]

Third annual Administrative Review Board

The Department of Defense published documents from the captives' third annual Administrative Review Board hearings on January 9, 2009.[14]

Hunger strike and force-feeding

According to South African news agency Independent Online Boumdediene's lawyer, Stephen Oleskey, described Boumediene's seven months of force-feeding, while on a hunger strike.[15]

"Twice a day he is strapped onto a chair at seven points. One side of his nose is broken, so they put it (the tube) in the other side ... Sometimes it goes to his lung instead of his stomach. He can't say anything because he has the mask on: that's torture."

Release to France

On May 15, 2009, Boumediene was transferred to France, where he has relatives.[16][17] His wife and children moved from Bosnia to Algeria, following his arrest, but would join him in France.

See also

References

  1. ^ "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. ^ Algerians, freed from Guantanamo, still paying the price
  3. ^ http://apnews.myway.com/article/20081120/D94IUT600.html
  4. ^ OARDEC (12 October 2004). "Lakhdar Boumediene v. George W. Bush". United States Department of Defense. pp. pages 108–122. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4947-5068.pdf#108. Retrieved 2007-11-29. 
  5. ^ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  6. ^ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror
  7. ^ James Vicini (2008-11-20). "U.S. judge orders five Algerians at Guantanamo freed". International Herald Tribune. http://www.iht.com/articles/reuters/2008/11/20/africa/OUKWD-UK-GUANTANAMO-COURT.php. Retrieved 2008-11-22. 
  8. ^ "Release of five Algerians from Guantanamo ordered". Dawn (newspaper). 2008-11-22. http://www.dawn.com/2008/11/22/top17.htm. Retrieved 2008-11-22. 
  9. ^ "Bosnia: Wife urges Algerian Guantanamo inmates' release after US judge's ruling". Adnknronos. 2008-11-22. http://www.adnkronos.com/AKI/English/Security/?id=3.0.2730204727. Retrieved 2008-11-22. 
  10. ^ "Judge's ruling in Guantanamo case says it all — 'enough.'". Houston Chronicle. 2008-11-21. http://www.chron.com/disp/story.mpl/editorial/outlook/6126037.html. Retrieved 2008-11-22.  mirror
  11. ^ Jess Bravin (2008-11-21). "Judge Orders 5 Gitmo Inmates Released". Wall Street Journal. http://online.wsj.com/article/SB122719994241444547.html?mod=googlenews_wsj. Retrieved 2008-12-01.  mirror
  12. ^ "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. 
  13. ^ OARDEC (30 November 2005). [? "Unclassified Summary of Evidence for Administrative Review Board in the case of Boumediene, Lakhdar"]. United States Department of Defense. pp. pages 29–30. ?. Retrieved 2007-11-29. 
  14. ^ "Index to Summaries of Detention-Release Factors for Administrative Review Boards (Round 3) Held at Guantanamo". United States Department of Defense. 2009-01-09. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB3FactorIndex8Jan09.pdf. Retrieved 2009-01-22. 
  15. ^ "'Even the devil couldn't have created it'". Independent Online. 2009-01-22. http://www.iol.co.za/index.php?set_id=1&click_id=3&art_id=nw20090122183126854C669769. Retrieved 2009-01-23.  mirror
  16. ^ "US sets free test case detainee". BBC News. 2009-05-15. http://news.bbc.co.uk/2/hi/americas/8052728.stm. 
  17. ^ "Guantanamo Detainee Released To Join Relatives In France". RTT News. 2009-05-15. Archived from the original on 2009-05-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.rttnews.com%2FArticleView.aspx%3FId%3D951209%26SMap%3D1&date=2009-05-15. 

External links