User:George Swan/sandbox/No longer enemy combatant: Difference between revisions
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'''NLEC''' is an abbreviation for '''No Longer Enemy Combatant''', a term the [[George W. Bush Administration]] used for prisoners at the [[Guantanamo Bay detention camp]] whose [[Combatant Status Review Tribunal]] determined they should not have been classified as "[[enemy combatant]]s".<ref name=Afps31063> | '''NLEC''' is an abbreviation for '''No Longer Enemy Combatant''', a term the [[George W. Bush Administration]] used for prisoners at the [[Guantanamo Bay detention camp]] whose [[Combatant Status Review Tribunal]] determined they should not have been classified as "[[enemy combatant]]s".<ref name=Afps31063> | ||
{{cite news | {{cite news | ||
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==Multiple CSRTs== | ==Multiple CSRTs== | ||
The fifth Denbeaux study, entitled | The fifth Denbeaux study, entitled "No-hearing hearings", revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.<ref name="No-hearing_hearings"> | ||
{{cite web | {{cite web | ||
| url=http://law.shu.edu/news/final_no_hearing_hearings_report.pdf | | url=http://law.shu.edu/news/final_no_hearing_hearings_report.pdf | ||
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[http://www.huffingtonpost.com/h-candace-gorman-/secrets-of-the-war-crimin_b_34505.html Secrets of the War Criminals], ''[[Huffington Post]]'', December 12 2006</ref> Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files. She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence. But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence. | [http://www.huffingtonpost.com/h-candace-gorman-/secrets-of-the-war-crimin_b_34505.html Secrets of the War Criminals], ''[[Huffington Post]]'', December 12 2006</ref> Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files. She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence. But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence. | ||
[[Lieutenant Colonel]] [[Stephen Abraham]] came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's Tribunal.<ref name=Cbs20070623> | [[Lieutenant Colonel]] [[Stephen Abraham]] came forward and swore an affidavit,<ref name=Affidavit>{{cite web | ||
| url=http://www.scotusblog.com/movabletype/archives/Al%20Odah%20reply%206-22-07.pdf | |||
| title=Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 | |||
| publisher=[[United States Supreme Court]] | |||
| date=June 14 2007 | |||
| accessdate=2007-06-25 | |||
}}</ref> describing his experience sitting on Al Ghazzawi's Tribunal.<ref name=Cbs20070623> | |||
{{cite news | {{cite news | ||
| url=http://www.cbsnews.com/stories/2007/06/23/world/main2970288_page2.shtml | | url=http://www.cbsnews.com/stories/2007/06/23/world/main2970288_page2.shtml | ||
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| publisher=[[CBS]] | | publisher=[[CBS]] | ||
| accessdate=2007-06-23 | | accessdate=2007-06-23 | ||
}}</ref> | |||
}}</ref> | |||
==NLEC captives== | ==NLEC captives== | ||
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| 581 || [[Shed Abdur Rahman]] || Date of his release to [[Pakistan]] unknown. | | 581 || [[Shed Abdur Rahman]] || Date of his release to [[Pakistan]] unknown. | ||
|- | |- | ||
| 586 || [[Karam Khamis Sayd Khamsan]] || Date of his release to [[Pakistan]] unknown. Charged with attempting to assassinate The USA's ambassador to Yemen in December 2005. | | 586 || [[Karam Khamis Sayd Khamsan]] || Date of his release to [[Pakistan]] unknown. Charged with attempting to assassinate The USA's ambassador to Yemen in December 2005. Acquitted on March 13 2006.<ref name=Upi060316>{{cite news | ||
| url=http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060317-110234-8288r | | url=http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060317-110234-8288r | ||
| title=Security & Terrorism | | title=Security & Terrorism | ||
| publisher=[[United Press International]] | | publisher=[[United Press International]] | ||
| date=[[March 18]] [[2006]] | | date=[[March 18]] [[2006]] | ||
| accessdate=2006-03-19 | | accessdate=2006-03-19 | ||
}}</ref> | }}</ref> | ||
Revision as of 18:25, 31 March 2009
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NLEC is an abbreviation for No Longer Enemy Combatant, a term the George W. Bush Administration used for prisoners at the Guantanamo Bay detention camp whose Combatant Status Review Tribunal determined they should not have been classified as "enemy combatants".[1]
Thirty-eight detainees were classified as "NLECs".[2] The fifth Denbeaux report, "No-hearing hearings", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.[3]
The Washington Post has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants.[2] None of the detainees who were determined not to have been enemy combatants were released right away. Ten of the detainees who had been determined not to have been enemy combatants were allowed to move to the more comfortable Camp Iguana. Others, such as Sami Al Laithi, remained in solitary confinement.
The delay in the release of some of the detainees was due to considerations of the detainees safety. Under the refoulement provision of the Convention against Torture, a country may not send an individual to a country where he may be tortured.
Some of the detainees could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or the governments of their countries. Some, like Al Laithi, were returned to their home countries after the U.S. secured a promise that they would not be punished by their home countries. Others, like five of Uighur detainees in Guantanamo, were released when the U.S. found a third country which would accept them.[4][5]
Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.[6][7]
Multiple CSRTs
The fifth Denbeaux study, entitled "No-hearing hearings", revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.[8]
H. Candace Gorman, the pro bono lawyer for Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.[9] Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files. She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence. But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence.
Lieutenant Colonel Stephen Abraham came forward and swore an affidavit,[10] describing his experience sitting on Al Ghazzawi's Tribunal.[11]
NLEC captives
On November 19 2007 the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004.[12]
| isn | name | notes |
|---|---|---|
| 142 | Fazaldad | Date of his release to Pakistan unknown. |
| 208 | Maroof Saleemovich Salehove | Date of his release to Tajikistan unknown. |
| 248 | Saleh Abdall Al Oshan | Repatriated to Saudi custody.repatriated to Saudi custody on July 20 2005.[13][14] |
| 260 | Ahmed Adil | Sent to Albania with four other Uyghurs. |
| 276 | Akhdar Qasem Basit | Sent to Albania with four other Uyghurs. |
| 279 | Mohammed Ayub | Sent to Albania with four other Uyghurs. |
| 283 | Abu Bakr Qasim | Sent to Albania with four other Uyghurs. |
| 287 | Sami Abdul Aziz Salim Allaithy | Repatriated to Egypt, after assurances. |
| 293 | Adel Abdulhehim | Sent to Albania with four other Uyghurs. |
| 298 | Salih Uyar | Released to Turkey in April 2005.[15] |
| 357 | Abdul Rahman | Released to Afghanistan in April 2005.[15][16] Reported abuse in custody. |
| 457 | Mohammad Gul | Date of return to Afghanistan unknown. |
| 459 | Gul Zaman | Released to Afghanistan in April 2005.[15][16] |
| 491 | Sadik Ahmad Turkistani | Uyghur born in Saudi Arabia, repatriated to Saudi Arabia. |
| 561 | Abdul Rahim Muslimdost | Released to Afghanistan in April 2005.[15][16] Wrote a book about his experiences in Guantanamo, then disappeared mysteriously. |
| 581 | Shed Abdur Rahman | Date of his release to Pakistan unknown. |
| 586 | Karam Khamis Sayd Khamsan | Date of his release to Pakistan unknown. Charged with attempting to assassinate The USA's ambassador to Yemen in December 2005. Acquitted on March 13 2006.[17] |
| 589 | Khalid Mahomoud Abdul Wahab Al Asmr | Date of return to Jordan unknown. |
| 631 | Padsha Wazir | Date of return to Afghanistan unknown. |
| 649 | Mustaq Ali Patel | Returned to France. |
| 672 | Zakirjan Asam | Date of return to Uzbekistan unknown. |
| 712 | Hammad Ali Amno Gadallah | Date of return to Sudan unknown. |
| 716 | Allah Muhammed Saleem | Released to Albania, on January 7 2007, where he has applied for asylum.[18] |
| 718 | Fethi Boucetta | Released to Albania rather than his home of Algeria. |
| 730 | Ibrahim Fauzee | Citizen of the Maldives. Release date unknown. |
| 812 | Qalandar Shah | Date of return to Afghanistan unknown. |
| 834 | Shahwali Zair Mohammed Shaheen Naqeebyllah | Date of return to Afghanistan unknown. |
| 835 | Rasool Shahwali Zair Mohammed Mohammed | Date of return to Afghanistan unknown. |
| 929 | Abdul Qudus | Date of return to Afghanistan unknown. |
| 952 | Shahzada | Date of return to Afghanistan unknown. |
| 953 | Hammdidullah | Date of return to Afghanistan unknown. |
| 958 | Mohammad Nasim | Date of return to Afghanistan unknown. |
| 986 | Kako Kandahari | Date of return to Afghanistan unknown. |
| 1013 | Feda Ahmed | Date of return to Afghanistan unknown. |
| 1019 | Nasibullah | Date of return to Afghanistan unknown. |
| 1041 | Habib Noor | Date of return to Afghanistan unknown. |
| 1117 | Jalil | Date of return to Afghanistan unknown. |
| 1157 | Hukumra Khan | Date of return to Afghanistan unknown. |
See also
References
- ↑ Kathleen T. Rhem. 38 Guantanamo Detainees to Be Freed After Tribunals, American Forces Press Service, March 30, 2005. Retrieved on 2007-09-01.
- ↑ 2.0 2.1 Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
- ↑ Mark Denbeaux et al, No-hearing hearings", November 17 2006
- ↑ Albania takes Guantanamo Uighurs, BBC, May 6 2006
- ↑ Freed from Guantanamo, 5 face danger in Albania, Boston Globe, May 18 2006
- ↑ Albania Agrees To Resettle Three Detainees from Guantanamo, US State Department, November 20 2006
- ↑ Pentagon sends Guantánamo captives to Albania, Miami Herald, November 17 2006
- ↑ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. No-hearing hearings. Seton Hall University School of Law. Retrieved on 2007-04-02.
- ↑ Secrets of the War Criminals, Huffington Post, December 12 2006
- ↑ Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007. United States Supreme Court (June 14 2007). Retrieved on 2007-06-25.
- ↑ Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings, CBS, June 23, 2007. Retrieved on 2007-06-23.
- ↑ Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo, United States Department of Defense, November 19, 2007. Retrieved on 2008-03-01.
- ↑ Anant Raut, Jill M. Friedman (March 19 2007). The Saudi Repatriates Report. Retrieved on 2007-04-21.
- ↑ Saudi Arabia: Guantanamo Detainees Return to Legal Limbo, Reuters, May 26 2006
- ↑ 15.0 15.1 15.2 15.3 17 Afghans, Turk home from Guantanamo Bay, China Daily, April 20, 2005. Retrieved on 2008-04-18. “Pentagon spokesman Maj. Michael Shavers said the 17 Afghans and the Turkish man had been cleared of accusations they were enemy combatants during the Combatant Status Review Tribunal process that recently ended. Five others cleared in late March already had been sent home and another 15 await transfers home.”
- ↑ 16.0 16.1 16.2 Carlotta Gall. 17 Afghans Freed From Guantánamo Prison, New York Times, April 20 2005. Retrieved on 2008-04-18. “In a brief ceremony, Chief Justice Fazil Hadi Shinwari told the 17 men that they were free to return home and he tried to reconcile them to the idea their imprisonment was something sent from God. Some prisoners in Guantánamo were guilty and deserved to be imprisoned, he said, but others were innocent victims of false accusations or military mistakes, or were duped into supporting terrorism.”
- ↑ Security & Terrorism, United Press International, March 18 2006. Retrieved on 2006-03-19.
- ↑ Essam Fadl. Egypt: Human Rights Activist Identifies 2 Former Egyptian Guantanamo Detainees, Asharq Alawsat, January 6 2007. Retrieved on 2007-01-07.