User:George Swan/sandbox/No longer enemy combatant

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NLEC is an acronym for No Longer Enemy Combatant, a term the George W. Bush Administration used for Guantanamo captives 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. 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 Uyghur 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][8]

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.[9]

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.[10] 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.[11][12][13][14][15]

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.[16]

NLEC captives
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.[17][18]
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.[19]
357 Abdul Rahman Released to Afghanistan in April 2005.[19][20] Reported abuse in custody.
457 Mohammad Gul Date of return to Afghanistan unknown.
459 Gul Zaman Released to Afghanistan in April 2005.[19][20]
491 Sadik Ahmad Turkistani Uyghur born in Saudi Arabia, repatriated to Saudi Arabia.
561 Abdul Rahim Muslimdost Released to Afghanistan in April 2005.[19][20] 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.[21][22] Acquitted on March 13 2006.[23][24]
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.[25]
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

  1. ↑ Kathleen T. Rhem. 38 Guantanamo Detainees to Be Freed After Tribunals, American Forces Press Service, March 30, 2005. Retrieved on 2007-09-01.
  2. ↑ 2.0 2.1 Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
  3. ↑ Mark Denbeaux et al, No-hearing hearings", November 17 2006
  4. ↑ Albania takes Guantanamo Uighurs, BBC, May 6 2006
  5. ↑ Freed from Guantanamo, 5 face danger in Albania, Boston Globe, May 18 2006
  6. ↑ U.S. Releases Three Men From Terror Camp In Guantanamo, All Headline News, November 17 2006
  7. ↑ Albania Agrees To Resettle Three Detainees from Guantanamo, US State Department, November 20 2006
  8. ↑ Pentagon sends Guantánamo captives to Albania, Miami Herald, November 17 2006
  9. ↑ 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.
  10. ↑ Secrets of the War Criminals, Huffington Post, December 12 2006
  11. ↑ 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.
  12. ↑ 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.
  13. ↑ Mike Rosen-Molina. Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings, The Jurist, Friday, June 22, 2007. Retrieved on 2007-06-25.
  14. ↑ Carol D. Leonnig, Josh White. An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings, Washington Post, Saturday, June 23, 2007. Retrieved on 2007-06-24.
  15. ↑ Andy Worthington. Guantánamo: Will More Whistleblowers Step Forward, Please?, Huffington Post, August 8, 2007. Retrieved on 2007-08-09.
  16. ↑ 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.
  17. ↑ Anant Raut, Jill M. Friedman (March 19 2007). The Saudi Repatriates Report. Retrieved on 2007-04-21.
  18. ↑ Saudi Arabia: Guantanamo Detainees Return to Legal Limbo, Reuters, May 26 2006
  19. ↑ 19.0 19.1 19.2 19.3 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.”
  20. ↑ 20.0 20.1 20.2 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.”
  21. ↑ Panel Court Postpones Case of Guantanamo detainee, Yemen Observer, December 30 2005. Retrieved on 2006-03-12.
  22. ↑ U.S. Ambassador’s attackers stand trial, Yemen Times, December 15 2005. Retrieved on 2006-03-12.
  23. ↑ Security & Terrorism, United Press International, March 18 2006. Retrieved on 2006-03-19.
  24. ↑ Court acquits Ex-Guantanamo Detainee, Yemen Observer, March 14 2006. Retrieved on 2006-03-19.
  25. ↑ Essam Fadl. Egypt: Human Rights Activist Identifies 2 Former Egyptian Guantanamo Detainees, Asharq Alawsat, January 6 2007. Retrieved on 2007-01-07.
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