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Template:Cleanup-rewrite Template:USgovtPOV Template:Infobox WoT detainees 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.[1] 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

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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.[2]

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.[3] The memo listed the following allegations against him:

a. The detainee is a supporter of al Qaida:
  1. The detainee is a native of Algeria who, since 1990, has repeatedly traveled to hotspots of regional conflict throughout the Middle East and Eastern Europe.
  2. The detainee has on multiple occasions provided subsistence to Bensayah Belkacem.
  3. Bensayah Belkacem is a known al Qaida operative.
  4. The detainee has given conflicting statements as to the nature of his association with Balkacem.
  5. The detainee admitted retaining and financing legal representation for a known al Qaida operative after that operative's arrest for terrorist activities.


Transcript

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

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Boumediene v. Bush

Lakhdar Boumediene is one of the captives who had a writ of habeas corpus submitted on his behalf.[4] 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.[5]

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".[6]

Habeas re-instatement

His habeas corpus and those of the other five men were re-instated.[7] 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.[8][9][10][11] 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. Template:ARB

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.[12] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Connections/Associations
  1. According to a cooperative and reliable source, the detainee was known to be one of an al Qaida member's closest associates in Bosnia.
  2. According to a foreign government service, the detainee is a suspected terrorist with ties to the Algerian Armed Islamic Group. He is also suspect of having links to Usama bin Laden's al Qaida Terrorist Organization.
b. Intent
A source states that as of late September 2001, the detainee planned to travel to Afghanistan as soon as an al Qaida member arrived to make receiving arrangements.
c. Detainee Actions and Statements
The detainee stated that he obtained Bosnia Template:Sic citizenship in September of 1998. He advised that he purchased the citizenship for 5,000 Deutsche Marks. He advised that it was Template:Sic legitimate citizenship, which was obtained by illegal means.
d. Other Relevant Data
  1. The detainee was an Algerian Army Border Guard from 1986 to 1988.
  2. In October 2001, the detainee was arrested along with three other individuals.
  3. During an investigation into the military service of the Algerian nationals, the Bosnian Federation Ministry of Defense found the detainee's Bosnian military records to be forged.


The following primary factors favor release or transfer

a. The detainee stated that he did not support Osama Bin Laden's manipulation of Islam to gather support for his actions.
b. The detainee claims he had no association with Template:Sic Taliban or al Qaida forces.


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.[13] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee stated he took a trip to Pakistan from October to November 1990, traveling from Algiers, Algeria to Tunisia, to Moscow, Russia, and on to Peshawar, Pakistan, via Karachi, Pakistan. The detainee stated approximately six months prior to his trip, he became more religious and attended a local mosque in his town.
  2. The detainee stated he went to Pakistan to help the Afghan refugees and orphans and also worked for the Islamic Hira Institute in Pakistan.
  3. The detainee stated he was employed from 1990 to 1993 by the Lejnat Aldawa nongovernmental organization in Bishawar, Pakistan and by the Red Crescent Society in Bosnia from 1997 to 2002.
  4. The detainee had Arabic language documents with the letterhead of Lajnat al Dawa al Islamiah in his possession when arrested. The English translation of the documents stated the detainee worked for the organization in Peshawar, Pakistan, as an administrator from 1 March 1993, until at least 24 May 1993.
  5. A source stated the detainee was a former Bosnian Mujahedin who had planned to travel to Afghanistan.
b. Training
The detainee stated his military service was as a border guard in the Algerian Army from 1986 to 1988.
c. Connections/Associations
  1. A source stated the detainee was known to be once of the closest associates of an al Qaida member in Bosnia.
  2. A source stated the detainee had resided in Bosnia in September 2001, was a suspected terrorist with ties to the Algerian Armed Islamic Group, and was also suspected of having links to Usama bin Laden's al Qaida terrorist organization.
  3. A source stated the detainee was a suspecte Armed Islamic Group member.
  4. A source described the Islamic Armed Group as an Islamic extremist group that aims to overthrow the secular Algerian regime and replace it with an Islamic state. The Islamic Armed Group began its violent activity in 1992.
  5. A source stated the detainee was part of a group of detained six Algerian nationals arrested on suspicion of terrorist activities.
d. Other Relevant Data
  1. The detainee stated that he left Pakistan in December 1993 and went to Yemen.
  2. The detainee stated he left Yemen in July 1994 and went to Tirana, Albania, got a job working at the Abu Dahbi Welfare Organization Template:Sic, and worked there until he left Albania in April 1997. The detainee stated the Abu Dahbi Template:Sic Welfar Organization became the United Arab Emirates Red Crescent, and in April 1997 he was transferred through the United Arab Emirates Red Crescent to Sarajevo, Bosnia.
  3. The detainee stated he illegally obtained recognized Bosnian citizenship in September 1998.
  4. A source stated when the detainee was arrested the detainee had a photocopy of an article from the Croatian paper Globus detailing an attack against the United States Information Service Office in Pristina, Kosovo, in August 1998.


The following primary factors favor release or transfer

a. The detainee claims he had no association with Taliban or al Qaida forces.
b. The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001, and also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.
c. The detainee stated he is not a member of al Qaida or the Armed Islamic Group, nor is anyone he knows.
d. The detainee stated he knows no one in the Armed Islamic Group, nor does he want to. The detainee stated he has heard of the organization in the newspapers and he considers it an epidemic. The detainee indicated he has never been approached by any members of the Armed Islamic Group.
e. The detainee stated he did not support Osama bin Laden's manipulation of Islam to gather support for his actions, and he stated he never wished to meet a man who would perpetrate horrific acts against humanity like the terrorist actions perpetrated by Osama bin Laden.
f. The detainee stated, if released, he would return to Algeria or Bosnia to be with his family.
g. The detainee stated, if released, he would not return to a position with a humanitarian organization such as the Red Crescent.


Third annual Administrative Review Board

The Department of Defense published documents from the captives' third annual Administrative Review Board hearings on January 9, 2009.[14]

Summary of Evidence memo

A Summary of Evidence memo was prepared for Lakhdar Boumediene's third annual Administrative Review Board.[15]

Board recommendations

The Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[16][17] 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.[18]

"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.[19][20] His wife and children moved from Bosnia to Algeria, following his arrest, but would join him in France.

See also

References

  1. "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.
  2. http://apnews.myway.com/article/20081120/D94IUT600.html
  3. OARDEC (21 September 2004). "Summary of Evidence for Combatant Status Review Tribunal - Boumediene, Lakhdar". United States Department of Defense. pp. page 79. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#79. Retrieved 2007-11-29.
  4. OARDEC (12 October 2004). "Lakhdar Boumediene v. George W. Bush". United States Department of Defense. pp. pages 108–122. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4947-5068.pdf#108. Retrieved 2007-11-29.
  5. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30. mirror
  6. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24. mirror
  7. James Vicini (2008-11-20). "U.S. judge orders five Algerians at Guantanamo freed". International Herald Tribune. Archived from the original on 2009-01-08. http://web.archive.org/web/20090108004312/http://www.iht.com/articles/reuters/2008/11/20/africa/OUKWD-UK-GUANTANAMO-COURT.php. Retrieved 2008-11-22.
  8. "Release of five Algerians from Guantanamo ordered". Dawn (newspaper). 2008-11-22. http://www.dawn.com/2008/11/22/top17.htm. Retrieved 2008-11-22.
  9. "Bosnia: Wife urges Algerian Guantanamo inmates' release after US judge's ruling". Adnknronos. 2008-11-22. http://www.adnkronos.com/AKI/English/Security/?id=3.0.2730204727. Retrieved 2008-11-22.
  10. "Judge's ruling in Guantanamo case says it all — 'enough.'". Houston Chronicle. 2008-11-21. http://www.chron.com/disp/story.mpl/editorial/outlook/6126037.html. Retrieved 2008-11-22. mirror
  11. Jess Bravin (2008-11-21). "Judge Orders 5 Gitmo Inmates Released". Wall Street Journal. http://online.wsj.com/article/SB122719994241444547.html?mod=googlenews_wsj. Retrieved 2008-12-01. mirror
  12. OARDEC (30 November 2005). [? "Unclassified Summary of Evidence for Administrative Review Board in the case of Boumediene, Lakhdar"]. United States Department of Defense. pp. pages 29–30. ?. Retrieved 2007-11-29.
  13. OARDEC (20 October 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Boumediene, Lakhdar". United States Department of Defense. pp. pages 105–107. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#105. Retrieved 2007-11-29.
  14. "Index to Summaries of Detention-Release Factors for Administrative Review Boards (Round 3) Held at Guantanamo". United States Department of Defense. 2009-01-09. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB3FactorIndex8Jan09.pdf. Retrieved 2009-01-22.
  15. OARDEC. "Unclassified Summary of Evidence for Administrative Review Board in the case of Boumediene, Lakhdar". United States Department of Defense. pp. pages 90–92. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_FactorsDocsBates651-742.pdf#90. Retrieved 2008-09-28.
  16. OARDEC (2008-01-17). "Administrative Review Board assessment and recommendation ICO ISN 10005". United States Department of Defense. pp. page 390. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos1261-1823.pdf. Retrieved 2008-09-28.
  17. OARDEC (2007-12-20). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 10005". United States Department of Defense. pp. pages 391–399. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos1261-1823.pdf. Retrieved 2008-09-28.
  18. "'Even the devil couldn't have created it'". Independent Online. 2009-01-22. http://www.iol.co.za/index.php?set_id=1&click_id=3&art_id=nw20090122183126854C669769. Retrieved 2009-01-23. mirror
  19. "US sets free test case detainee". BBC News. 2009-05-15. http://news.bbc.co.uk/2/hi/americas/8052728.stm.
  20. "Guantanamo Detainee Released To Join Relatives In France". RTT News. 2009-05-15. Archived from the original on 2009-05-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.rttnews.com%2FArticleView.aspx%3FId%3D951209%26SMap%3D1&date=2009-05-15.

External links

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