Hisham Bin Al Bin Amor Sliti

Hisham Bin Al Bin Amor Sliti

Hisham Sliti's Guantanamo identity portrait, showing him wearing a white uniform issued to compliant individuals
Born (1966-02-12) February 12, 1966
Hamam Lif, Tunisia
Detained at Guantanamo
ISN 174
Charge(s) No charge (extrajudicial detention)
Status Given asylum in Slovakia in November 2014

Hisham Sliti, is a citizen of Tunisia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number is 174. The list of the names of all the Guantanamo detainees states that his date of birth was February 12, 1966, in Hamam Lif, Tunisia. He was transferred to Guantanamo on May 1, 2002, and held there for twelve and a half years.[2] On November 20, 2014, Sliti and Hussein Salem Mohammed were granted asylum in Slovakia.[3]

Clive Stafford Smith represents Sliti as one of his lawyers.

Sliti reported to his lawyers that he was beaten on August 5, 2005. Sliti claims that his interrogator threw a chair, and a mini-fridge at him, and then called in the initial reaction force.[4] Sliti participated in a widespread hunger strike during July 2005, and then participated in a second hunger strike that started in August 2005 due to Qur'an desecration.

The Slovak Spectator reports that Sliti was arrested by Slovak security officials, and the release of their arrest video stirred controversy.[5]

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[6] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[7][8]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[6][9]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[10]

A Summary of Evidence memo was prepared his Combatant Status Review Tribunal on November 19, 2004.[11][12]

A Summary of Evidence memo was prepared for Hisham Bin Ali Bin Amor Sliti's first annual Administrative Review Board, on September 9, 2005.[13]

A Summary of Evidence memo was prepared for Hisham Bin Ali Bin Amor Sliti's second annual Administrative Review Board, on June 4, 2006.[14]

The OARDEC records show that Sliti did not attend his reviews in 2004 or 2005, he did attend in 2006.[15] The Department of Defense released a 21-page summarized transcript from this hearing.

Habeas corpus petition

Sliti had a habeas corpus petition, 05-cv-429, filed on his behalf.[16]

On 30 December 2008 US District Court Judge Richard J. Leon ruled that Sliti, and, in a separate ruling, that Moath Hamza Ahmed al-Alwi, "were part of or supported the Taliban", and thus could continue to be held in US custody.[16][17][18][19] Leon did not believe Sliti's assertion that he traveled to Afghanistan to quit drugs and get married, stating his:

“...story about traveling to Afghanistan to kick a longstanding drug habit and find a wife is not credible.”[17]

The New York Times called the two rulings: "the first clear-cut victories for the Bush administration", while Andy Worthington noted they represented a "disturbing development".[20]

Reuters reported that Jonathan Hafetz of the American Civil Liberties Union responded that:[19]

"This decision raises serious concerns given the reliance on classified evidence and the very broad definition of detention authority that it contains."[19]

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[21][22] His Joint Task Force Guantanamo assessment was dated October 1, 2008.[23] His assessment was eleven pages long, and was signed by camp commandant Rear Admiral David M. Thomas Jr.. He recommended continued detention at Guantanamo.

Re-arrest in Slovakia

Sliti was arrested, in his home, by Slovakian security officials.[5] A video of the capture was acquired and broadcast by al Jazeera. Some accounts suggest the video was officially made by the police, and illicitly leaked to al Jazeera. Other accounts suggest the video was an unofficial one, recorded by a third party witness to the arrest.[24][25]

References

  1. OARDEC. "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. Archived (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)" (PDF). Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original (PDF) on 2008-11-09.
  3. Margot Williams (2008-11-03). "Guantanamo Docket: Hisham Bin Ali Bin Amor Sliti". New York Times. Archived from the original on 2015-08-14. Retrieved 2015-08-20.
  4. U.S. Denies Guantanamo Bay Prison Abuse, The Guardian, September 2, 2005
  5. 1 2 "Galko wants explanation for footage showing former Guantanamo inmate". Slovak Spectator. 2015-08-13. Archived from the original on 2015-08-20. Retrieved 2015-08-20.
  6. 1 2 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
  7. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  8. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  9. "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24. mirror
  10. 1 2 3 4 5 6 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2012-06-22. Retrieved 2010-02-16.
  11. OARDEC (19 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted (released March 2005)" (PDF). United States Department of Defense. pp. 62–63. Archived (PDF) from the original on 2006-07-31. Retrieved 2007-12-05.
  12. OARDEC (19 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Sliti, Hisham Bin Al Bin Amor (released September 2007)" (PDF). United States Department of Defense. pp. 78–79. Archived (PDF) from the original on 2007-12-04. Retrieved 2007-12-05.
  13. OARDEC (2005-09-09). "Unclassified Summary of Evidence for Administrative Review Board in the case of Sliti, Hisham Bin Ali Bin Amor" (PDF). United States Department of Defense. pp. 1–2. Archived (PDF) from the original on 2007-12-14. Retrieved 2007-12-06.
  14. OARDEC (2006-06-04). "Unclassified Summary of Evidence for Administrative Review Board in the case of Sliti, Hisham Bin Ali Bin Amor" (PDF). United States Department of Defense. pp. 52–54. Archived from the original (PDF) on 2007-12-14. Retrieved 2007-12-05.
  15. OARDEC. "Summary of Administrative Review Board Proceedings of ISN 174" (PDF). United States Department of Defense. pp. 105–125. Archived from the original (PDF) on 2007-12-14. Retrieved 2007-12-05.
  16. 1 2 Richard J. Leon (2008-12-30). "Hisham Sliti v. George W. Bush -- 05-cv-429: Memorandum order" (PDF). United States Department of Justice. Archived (PDF) from the original on 2015-06-20. Retrieved 2009-01-22.
  17. 1 2 William Glaberson (2008-12-30). "Judge Agrees With Bush in Ruling on 2 Detainees". New York Times. Archived from the original on 2015-08-20. Retrieved 2008-12-31. A federal judge in Washington ruled Tuesday that the government was properly holding two Guantánamo detainees as enemy combatants, the first clear-cut victories for the Bush administration in what are expected to be more than 200 similar cases.
  18. "Judge Denies Release For 2 at Guantanamo". Washington Post. 2008-12-31. p. A05. Archived from the original on 2015-08-20. Retrieved 2008-12-31.
  19. 1 2 3 Randall Mikkelsen (2008-12-31). "U.S. judge rejects release of two Guantanamo inmates". Reuters. Retrieved 2008-12-31.
  20. Andy Worthington (December 2008). "Judge Orders Release of Guantanamo’s Forgotten Child". Freedetainees.org. Archived from the original on 2011-04-30. Retrieved 2015-08-20. Just two weeks ago, in a habeas corpus case in a Washington D.C. court, Judge Richard Leon turned the clock back to January 11, 2002 (the day Guantánamo opened) by ruling that the U.S. government could continue holding two prisoners at Guantánamo — the Yemeni Muaz al-Alawi and the Tunisian Hisham Sliti — because the authorities had demonstrated, to his satisfaction, that they met the criteria for being regarded as “enemy combatants.”
  21. Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-13. Retrieved 2012-07-13. The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website.
  22. "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. Archived from the original on 2015-06-26. Retrieved 2012-07-10.
  23. "Hasham Bin Ali Bin Amor Sliti: Guantanamo Bay detainee file on Hasham Bin Ali Bin Amor Sliti, US9TS-000174DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Archived from the original on 2015-04-11. Retrieved 2012-09-01.
  24. "Slovensku hrozí teroristický útok: Tajné VIDEO kukláčov, na ktoré môžeme kruto doplatiť" [Slovakia vulnerable to terrorist attack: Secret VIDEO kukláči to which we pay the kruto] (in Slovak). Bratislava: Topky. 2015-08-13. Retrieved 2015-08-20.
  25. Igor Stupňan (2015-08-13). "Polícia odmieta tvrdenia Al-Džazíry o mučení" [Police refutes Al-Jazeera on torture] (in Slovak). Pravda. Retrieved 2015-08-20.

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