No Longer Enemy Combatant (NLEC) is a term used by the U.S. military for a group of 38 Guantanamo detainees whose Combatant Status Review Tribunal (CSRT) determined they were not "enemy combatants". [1] None of them were released right away. Ten of them were allowed to move to the more comfortable Camp Iguana.[ citation needed ] Others, such as Sami Al Laithi, remained in solitary confinement.
Thirty-eight detainees were finally 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]
The delay in the release of some of the detainees was said to be due to considerations of their safety. Some could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or from the governments of their countries. Some, like Al Laithi, were returned to their home countries after the US secured a promise that they would not be punished by their home countries. Others, like five of the Uyghur detainees in Guantanamo, were released when the US 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]
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, expressed 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 clients' classified files. She was told that the justification for convening her client's second tribunal had been that the DoD had new evidence. However, 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. It was critical of the process, including the pressure exerted to find against the detainee. [11] [12] [13] [14] [15]
On 19 November 2007, the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004. [16]
ISN | Name | Notes |
---|---|---|
142 | Fazaldad | Returned to Pakistan on 17 September 2004 [17] |
208 | Maroof Saleemovich Salehove | Date of release to Tajikistan unknown |
248 | Saleh Abdall Al Oshan | Repatriated to Saudi custody on 20 July 2005 [18] [19] |
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 on 18 April 2005 [17] |
357 | Abdul Rahman | Date of return to Afghanistan unknown. |
457 | Mohammad Gul | Returned to Afghanistan on 18 April 2005 [17] |
459 | Gul Zaman | Returned to Afghanistan on 18 April 2005 [17] |
491 | Sadik Ahmad Turkistani | Uyghur born in Saudi Arabia, repatriated to Saudi Arabia |
561 | Abdul Rahim Muslimdost | Released to Pakistan, disappeared mysteriously |
581 | Shed Abdur Rahman | Date of release to Pakistan unknown |
586 | Karam Khamis Sayd Khamsan | Date of release to Pakistan unknown; charged with attempting to assassinate US ambassador to Yemen in December 2005; [20] [21] acquitted on 13 March 2006 [22] [23] |
589 | Khalid Mahomoud Abdul Wahab Al Asmr | Returned to Jordan on 19 July 2005 [17] |
631 | Padsha Wazir | Returned to Afghanistan on 18 April 2005 [17] |
649 | Mustaq Ali Patel | Returned to France on 7 March 2005 [17] |
672 | Zakirjan Asam | Set free on 17 November 2006 [17] |
712 | Hammad Ali Amno Gadallah | Returned to Sudan on 19 July 2005 [17] |
716 | Allah Muhammed Saleem | Released to Albania on 7 January 2007, where he applied for asylum [24] |
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 | Returned to Afghanistan on 18 April 2005 [17] |
834 | Shahwali Zair Mohammed Shaheen Naqeebyllah | Returned to Afghanistan on 18 April 2005 [17] |
835 | Rasool Shahwali Zair Mohammed Mohammed | Returned to Afghanistan on 18 April 2005 [17] |
929 | Abdul Qudus | Youngest person ever detained at Guantanamo only 14 years old when he arrived in Guantanamo early 2002, he returned to Afghanistan on 18 April 2005 [17] |
952 | Shahzada | Returned to Afghanistan on 18 April 2005 [17] |
953 | Hammdidullah | Returned to Afghanistan on 18 April 2005 [17] |
958 | Mohammad Nasim | Returned to Afghanistan on 18 April 2005 [17] |
986 | Kako Kandahari | Returned to Afghanistan on 18 April 2005 [17] |
1013 | Feda Ahmed | Returned to Afghanistan on 18 April 2005 [17] |
1019 | Nasibullah | Returned to Afghanistan on 18 April 2005 [17] |
1041 | Habib Noor | Returned to Afghanistan on 18 April 2005 [17] |
1117 | Jalil | Returned to Afghanistan on 11 March 2005 [17] |
1157 | Hukumra Khan | Returned to Afghanistan on 18 April 2005 [17] |
On 17 January 2009, Carol Rosenberg, writing in the Miami Herald , quoted Guantanamo spokesman Jeffrey Gordon, that a panel of officers had recently reviewed Bismullah's "enemy combatant" status, and determined, "based on new evidence", that he was not an enemy combatant after all. [25] Bismullah was released to Afghanistan on 17 January.
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.
Abdulla Majid Al Naimi is a Bahraini, formerly held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.
Mishal Awad Sayaf Alhabiri is a citizen of Saudi Arabia, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 207. American intelligence analysts estimate he was born in 1980, in Minawara, Saudi Arabia.
Ahmed Adil is a citizen of China who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps in Cuba.
Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khali, were released from Guantanamo on December 29, 2013, and later transferred to Slovakia.
Sami Abdul Aziz Salim Allaithy Alkinani is an Egyptian professor who was held in the Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 287. Analysts reported that he was born on October 28, 1956, in Shubrakass Egypt. He was repatriated to Egypt on September 30, 2005. He was later classified by the United States Department of Defense as a no longer enemy combatant.
Hammdidullah, a.k.a.Janat Gul, is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camp, in Cuba. American counter-terror analysts estimate he was born in 1973, in Sarpolad, Afghanistan.
Abdallah Saleh Ali Al Ajmi was a Kuwaiti citizen, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 220. Joint Task Force Guantanamo counter-terrorism analysts reports indicated that he was born on 2 August 1978, in Almadi, Kuwait.
Ali Abdul Motalib Awayd Hassan Al Tayeea is a citizen of Iraq who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 111. The Department of Defense reports that Al Tayeea was born in Baghdad, Iraq. The Department of Defense provided a birthday, or an estimated year of birth, for all but 22 of the 759 detainees. Al Tayeea is one of those 22. He was repatriated on January 17, 2009, after more than seven years without ever been charged.
Mohammed Ahmed Said Haidel is a citizen of Yemen, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 498. Joint Task Force Guantanamo counter-terrorism analysts estimate that he was born in 1978, in Ta'iz, Yemen.
Abdul Majid Muhammed is a citizen of Iran who was held in extrajudicial detention in the United States Guantanamo Bay detention camp in Cuba.
Tarek Ali Abdullah Ahmed Baada is a citizen of Yemen, who was formerly held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His detainee ID number is 178. Joint Task Force Guantanamo counter-terrorism analysts estimated that Baada was born in 1978 in Shebwa, Yemen.
Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi is a citizen of Libya who was held from June 2002 until March 2010 in the Guantanamo Bay detainment camps, in Cuba because the United States classified him as an enemy combatant. His internment number was 654.
No-Hearing Hearings (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.
The Combatant Status Review Tribunal the US Department of Defense commissioned, like the tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a tribunal president.
Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.
On March 3, 2006, the United States Department of Defense partially complied with a court order and released 53 PDF files that contained several hundred Combatant Status Review Tribunal transcripts.
Initially the Bush Presidency asserted that they did not have to release any of the Guantanamo captive's documents. They asserted that no captive apprehended in Afghanistan was entitled to the protections of the Geneva Convention, and that those held in the Guantanamo Bay Naval Base were not protected by US law either, because it was not on US territory.
Al-Qaeda is understood to have operated a number of safe houses, some of which were used as training centres.
{{cite web}}
: CS1 maint: multiple names: authors list (link)