Official status reviews Ghaleb Nassar Al Bihani

1 official status reviews

1.1 office administrative review of detained enemy combatants
1.2 writ of habeas corpus
1.3 guantanamo review task force
1.4 periodic review board

official status reviews

originally bush presidency asserted captives apprehended in war on terror not covered geneva conventions, , held indefinitely, without charge, , without open , transparent review of justifications detention. in 2004 united states supreme court ruled, in rasul v. bush, guantanamo captives entitled being informed of allegations justifying detention, , entitled try refute them.

office administrative review of detained enemy combatants

following supreme court s ruling department of defense set office administrative review of detained enemy combatants.

scholars @ brookings institution, led benjamin wittes, listed captives still held in guantanamo in december 2008, according whether detention justified common allegations:

ghaleb nasser al bihani listed 1 of captives military alleges ... members of taliban.
ghaleb nasser al bihani listed 1 of captives military alleges ... traveled afghanistan jihad.
ghaleb nasser al bihani listed 1 of captives whom military alleges following detainees stayed in al qaeda, taliban or other guest- or safehouses.
ghaleb nasser al bihani listed 1 of captives military alleges ... took military or terrorist training in afghanistan.
ghaleb nasser al bihani listed 1 of captives military alleges ... fought taliban.
ghaleb nasser al bihani listed 1 of captives military alleges following detainees captured under circumstances suggest belligerency.
ghaleb nasser al bihani listed 1 of captives foreign fighter.
ghaleb nasser al bihani listed 1 of 36 [captives who] openly admit either membership or significant association al qaeda, taliban, or other group government considers militarily hostile united states.
ghaleb nasser al bihani listed 1 of captives had admitted fighting on behalf of al qaeda or taliban.

writ of habeas corpus

ghaleb nassar al bihani had writ of habeas corpus filed on behalf before district court judge richard j. leon. on january 29, 2009 leon ruled csr tribunal had appropriated classified al bihani, enemy combatant—even though had served cook, quoting napoleon bonaparte: army marches on stomach.

ghaleb s lawyer, shereen charlick, appealed leon s ruling panel of dc circuit court of appeals. according charlick in 55th arab brigade “never had chance declare neutral,” , ghaleb, “was fleeing. trying run away. 1 argue assisted united states’ effort surrendering.”

a panel of 3 judges, janice rogers brown, brett kavanaugh , stephen f. williams convened on october 2, 2009 hear ghaleb s appeal. although judges expressed skeptical comments did not release ruling.

the october 2, 2009 hearing open public. according blog of legal times charlick had wanted attend september 15, 2009 hearing of appeal of leon s ruling on bensayah belkacem, because case similar ghaleb s. judges ruling on bensayah s appeal had cleared court, in order hear classified evidence. charlick excluded, in spite of security clearance granted in order see classified evidence against ghaleb.

the appeal panel made ruling on january 5, 2010. john schwartz, writing in new york times, calling ruling sweeping , wrote judges found: ...that presidential war power detain suspected of terrorism not limited international law of war. according schwartz, expert in guantanamo cases, eric m. freedman of hofstra university characterized panel s ruling having: “gone out of way poke stick in eye of supreme court”. cnn reported ruling apply other captives.

guantanamo review task force

on january 22, 2009, when president barack obama had taken office, issued 3 executive orders related guantanamo—one of set high-level guantanamo review task force. practically no documents generated task force s activities have been made public, other 3 lists of captives. task force broke remaining captives 3 groups: should face charges; did not represent enough of threat usa justify continued detention, , should released; , individuals there no evidence justify laying criminal charges nevertheless should continue detained due threat usa imagined represent should released. ghaled nassar al-bihani 1 of men weren t guilty of crime, couldn t charged, who, nevertheless, due fears of might do, if released, task force recommended continued detention.

al-bihani, , other men faced indefinite detention without charge, supposed have regular status reviews, see whether still feared represent sufficient danger should continue held in continued extrajudicial detention.

periodic review board

ghaleb nassar al-bihani fourth individual have periodic review board hearing scheduled review status. review held on april 8, 2014. senior representatives of departments of defense, state, justice, homeland security , office of director of national intelligence convened in washington dc area. al-bihani, civilian lawyer pardiss kebraie, personal representatives, allowed participate in non-classified part of review, via videolink. limited number of reporters , human rights workers allowed view part of non-classified portion of review, via one-way video-link.

two documents prepared review made public on april 8, 2014.

a single page guantanamo detainee profile , prepared on january 27, 3 paragraphs long—and less specific summary of evidence memos prepared annual oardec reviews. asserted al-bihani member of al qaeda, had brothers had traveled afghanistan, jihad, 1 brother member of al qaida in arabian peninsula.

also published 4 pages personal representatives , civilian lawyer pardiss kebraie. personal representative wrote:

his personal representative argued al-bihani didn t meet of criteria being ongoing threat, while guidelines required him meet 3 criteria.