Lakhdar Boumediene

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. 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.

Joint Task Force Guantanamo counter-terrorism analysts report he was born on 27 April 1966, in Ain Soltgane Saeda, Algeria.

Background
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.

Combatant Status Review Tribunal
Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.

Summary of Evidence memo
A Summary of Evidence memo was prepared for Lakhdar Boumediene's Combatant Status Review Tribunal, on 21 September 2004. The memo listed the following allegations against him:

Transcript
There is no record that Lakhdar Boumediene chose to participate in his Combatant Status Review Tribunal.

Boumediene v. Bush
Lakhdar Boumediene is one of the captives who had a writ of habeas corpus submitted on his behalf. 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.

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".

Habeas re-instatement
His habeas corpus and those of the other five men were re-instated. 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. 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.

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. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

The following primary factors favor release or transfer

Second annual Administrative Review Board
A Summary of Evidence memo was prepared for Lakhdar Boumediene's second annual Administrative Review Board, on 20 October 2006. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

The following primary factors favor release or transfer

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

Summary of Evidence memo
A Summary of Evidence memo was prepared for Lakhdar Boumediene's third annual Administrative Review Board.

Board recommendations
The Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official. The Board's recommendation was unanimous. The Board's recommendation was redacted. England authorized his continued detention on January 22, 2008.

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.
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 * ''"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."
 * ''"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. His wife and children moved from Bosnia to Algeria, following his arrest, but would join him in France.