As of October 10, 2010, Abdul Rahman Shalabi has been held at Guantanamo for eight years nine month.
Combatant Status Review
- a. The detainee is a member of al Qaida:
- The detainee traveled from his home in Saudi Arabia to Afghanistan, via Pakistan.
- While serving with al Qaida in Afghanistan, the detainee used the alias of Saqr Al Madani.
- The detainee served as a bodyguard to Usama Bin Laden from 1998 until June 2001.
- The detainee received back injuries during the 1998 bombing of al Qaida facilities in Afghanistan.
- b. The detainee participated in military operations against the United States and its coalition partners:
- The detainee was present at the battle of Tora Bora.
- The detainee carried an AK 47 on the battlefield.
- Pakistan security forces captured the detainee in the company of 29 other Arabs attempting to enter Pakistan.
Abdul Rahman Shalabi v. George W. Bush
A writ of habeas corpus, Abdul Rahman Shalabi v. George W. Bush, was submitted on Abdul Rahman Shalabi's behalf. In response, on 19 May 2005, the Department of Defense released eighteen pages of unclassified documents related to his Combatant Status Review Tribunal.
Detainee election form
Template:Wikisource The Detainee election form prepared by his Personal Representative record they met, for fifteen minutes, for a pre-Tribunal interview, at 8:15 am on 4 November 2004, the day before the Tribunal convened. It records:
Detainee will not participate. He affirmatively declined to participate and to have the PR represent him. He was silent throughout the reading of the script until he was asked if he wanted to participate. He then affirmatively declined, indicating that he did not trust the PR as he did not know him, did not trust the process as it is another game the US is playing.
Recorder exhibit list
The documents released in response to the habeas corpus petition contained a Recorder exhibit list.
|R2||FBI Certification Re: Redaction of National Security Information dtd dtd 27 OCT 04||UNCLASSIFIED|
|R3||FBI 302 did 16 MAR 02||FOUO//LES|
|R4||FBI 302 (000055DP) did 29 AUG 02||FOUO//LES|
|R5||FBI 302 (000252) did 17 MAY 03||FOUO//LES|
|R6||IIR 6 034 0743 03||SECRET//NOFORN|
|R7||CITF FM 40 (001452DP) dtd 14 JUN 04||SECRET//NOFORN|
|R8||CITF FM 40 (001457DP) dtd 15 JUN 04||SECRET//NOFORN|
|R9||Knowledgeability Brief dtd 01 FEB 02||SECRET|
|R10||CITF Recommendation Memo dtd 26 APR 04||SECRET//NOFORN|
|Rll||JTF GTMO Baseball Card||SECRET//NOFORN|
|R12||IIR 6 034 0993 03||SECRET//NOFORN|
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.
Boumediene v. Bush
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.
On July 18, 2008 Julia Tarver Mason filed a motion to renew Abdul Rahman Shalabi's habeas corpus petition. The petition states that five other Saudi citizens who had been part of the original 2005 petition had been repatriated to Saudi Arabia. Their names were listed as: Saleh Al-Oshan, Zaben Al Shammari, Abdullah Al Otaibi, Fahd Nasser Mohamed and Musa Al Wahab.
The petition stated that the files the Department of Defense provided to his attorney's were incomplete:
- The factual return provided in May 2005, however, is incomplete and missing important substantive information about Shalabi and the evidence against him. Nor has the factual return been supplemented to include the record of further proceedings such as Administrative Review Board records. The complete classified and unredacted factual returns and the classified records of the Administrative Review Board will be necessary in pursuing the case.
The petition states that Shalabi was the subject of a 30-day notice. The Department of Defense has transferred some captives who had habeas corpus petitions filed on their behalf to the custody of regimes where their lawyers felt their safety would be at risk. In response attorneys filed motions that the Department of Defense should advise them of plans to transfer captives' custody.
In May 2008 the Gulf News reported that Abdul Rahman Shalabi and Ahmad Zaid Salem Zuhair are the two remaining captives who have been on the hunger strike that started in August 2005. No weights have been published for the first three months of the hunger strike—during which time he lost 26 pounds. From then on his weight was recorded every three or four days. His height was recorded as 68 inches, putting the healthy range for his height at between 118 and 160 pounds.
On September 26, 2009 Shalabi drafted a letter describing medical problems being made worse through medical decisions being countermanded by a new "officer in charge". On November 3, 2009 the Associated Press reported that a recent affidavit from David Wright the chief doctor at Guantanamo, stated Shalabi's weight had dropped to Template:Convert/kg. Julie Mason Tarver, one of his attorneys, claimed he was just a few pounds away from organ failure. Wright confirmed Shalabi's weight was recorded at Template:Convert/kg in May 2009. According to the Associated Press 29 other captives were participating in the hunger strike in late October 2009. An affidavit from Sondra Crosby, a Professor at Boston University's School of Medicine who examined Shalabi at the request of his attorneys, stated: "It is uncontested that Mr. Shalabi needs to be fed more calories, otherwise he will die." She said his weight loss could be due to other causes like hyperthyroidism, cancer or infection.
Shalabi's letter describes his force-feeding leaving him in great pain. He describes the most recent officier in charge countermanding the decision to provide screens for the lights that shine in his eyes, and leave him with excruciating headaches.
- OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- The New York Times. http://projects.nytimes.com/guantanamo/detainees/42-abdul-rahman-shalabi.
- OARDEC (26 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Shalabi, Abdul Rahman". United States Department of Defense. pp. pages 48–49. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#48. Retrieved 2008-05-05.
- "Abdul Rahman Shalabi v. George W. Bush". United States Department of Defense. 19 May 2005. pp. pages 40–57. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#40. Retrieved 2008-05-05.
- "Guantanamo Bay Detainee Litigation: Doc 137 -- Status Report". United States Department of Justice. 2008-07-18. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/137/0.pdf. Retrieved 2008-08-17.
- "Saudi vows to stay on hunger strike at Guantanamo". Gulf News. 2008-05-23. http://archive.gulfnews.com/articles/08/05/24/10215620.html. Retrieved 2008-10-02. mirror
- JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba: ISNs 2-57". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/ISN_002-ISN_057.pdf. Retrieved 2008-12-22. mirror
- Jay Carmella (2009-11-09). "Guantanamo detainee: conditions have declined under Obama administration". The Jurist. http://jurist.law.pitt.edu/paperchase/2009/11/guantanamo-detainee-conditions-have.php.
- Abdul Rahman Shalabi (2009-09-26). "Abdul Rahman Shalabi v. Obama". United States Department of Justice. Archived from the original on 2009-11-10. http://www.webcitation.org/query?url=http%3A%2F%2Fjurist.law.pitt.edu%2Fpdf%2F291-5.pdf&date=2009-11-10.
- Ben Fox (2009-11-03). "Guantanamo hunger striker losing weight". Associated Press. Archived from the original on 2009-11-05. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5hh-pnd4U-q0DoBt-xwjwuVCwzaSQD9BO975G6&date=2009-11-05.
- Secrecy Still Shrouds Guantánamo’s Five-Year Hunger Striker Andy Worthington, October 8, 2010
- Is force-feeding Gitmo detainees ethical?
- Gitmo's Longest Hunger Striker Now Eats Some Food