Omar Said Salim Al Dayi Explained

Subject Name:Omar Said Salim Al Dayi
Id Number:549
Status:Released in Oman in January 2016

Omar Said Salim Al Dayi, also known as Omar Said Salem Adayn and Omer Saeed Salem Al Daini, is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 549.

He arrived in Guantanamo on June 18, 2002.The Guantanamo Review Task Force cleared him for release in January 2010.He was transferred to Oman on January 13, 2016, with nine other Yemenis.

Inconsistent identification

Al Dayi was identified inconsistently on official Department of Defense documents:

Official status reviews

Originally, the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[11] In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[11] [12]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives stillheld in Guantanamo in December 2008, according to whether their detention was justified by certaincommon allegations:[13]

There is no record that al Dayi attended any of his OARDEC hearings.

On January 9, 2009, the Department of Defense published eight pages of memos drafted by his third annual Administrative Review Board.[14] [15] The memos were heavily redacted, and the Board's recommendation was withheld.The Board met on August 7, 2007, without the captive being present.The covering letter from the director of the Office for the Administrative Review of Detained Enemy Combatants to Gordon England, the Designated Civilian Official, who, theoretically, made the final decision as to whether captives should be cleared for release, ordered his continued detention on October 12, 2007.

The record of proceedings stated that the captive declined to attend the board's hearing.[15] His Assisting Military Officer, who met with the captive, indicated that the captive was "uncooperative or unresponsive".

The record indicates his habeas counsel had submitted documents in his defense, and that these were considered by his board.[15] However, while other captive's habeas submissions have been published, these, however, were not published.

habeas corpus

A writ of habeas corpus, Omer Saeed Salem Al Daini v. George W. Bush -- 05-0634, was submitted on his behalf.[10] In September 2007, the Department of Defense published dossiers from documents prepare for 179 captive's Combatant Status Review Tribunal.[6] However, the Department of Defense did not release his dossier.He was represented by C. Rufus Pennington III.

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[16] [17] A ten-page Joint Task Force Guantanamo assessment was drafted on June 20, 2008.[18] It was signed by camp commandant rear admiral David M. Thomas. He recommended continued detention.

Notes and References

  1. Web site: List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. OARDEC. OARDEC. United States Department of Defense. 2006-05-15. 2007-09-29.
  2. Web site: Summary of Evidence for Combatant Status Review Tribunal - Al Dayi, Omar Said Salim . 2004-10-13 . OARDEC . OARDEC . 64 . . 2008-01-15 . dead . https://web.archive.org/web/20071203003522/http://www.dod.mil/pubs/foi/detainees/csrt_arb/000400-000499.pdf#64 . 2007-12-03.
  3. Web site: Unclassified Summary of Evidence for Administrative Review Board in the case of Al Dayi, Omar Said Salim . 2005-11-07 . 1–2 . OARDEC . OARDEC . . 2008-06-23 . dead . https://web.archive.org/web/20080313141222/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000495-000594.pdf#1-2 . 2008-03-13.
  4. Web site: List of detainee who went through complete CSRT process . OARDEC . OARDEC . . 2006-04-20 . 2007-09-29 . dead . https://web.archive.org/web/20070930171245/http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf . 2007-09-30.
  5. Web site: Index for Combatant Status Review Board unclassified summaries of evidence . OARDEC . OARDEC . . 2007-07-17 . 2007-09-29 . dead . https://web.archive.org/web/20071203004259/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf . 2007-12-03.
  6. Web site: Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. OARDEC. OARDEC. United States Department of Defense. 2007-08-08. 2007-09-29.
  7. Web site: Index to Summaries of Detention-Release Factors for ARB Round One . OARDEC . OARDEC . . 2007-08-09 . 2007-09-29 . dead . https://web.archive.org/web/20071026130459/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf . 2007-10-26.
  8. Web site: Index of Summaries of Detention-Release Factors for ARB Round Two . OARDEC . OARDEC . . 2007-07-17 . 2007-09-29 . dead . https://web.archive.org/web/20071026130524/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf . 2007-10-26.
  9. Web site: Unclassified Summary of Evidence for Administrative Review Board in the case of Adayn, Omar Said Salem . 2006-07-05 . 27–28 . OARDEC . OARDEC . . 2008-06-23 . dead . https://web.archive.org/web/20080716125909/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_599-699.pdf#27-28 . 2008-07-16.
  10. Web site: RESPONDENTS' RESPONSE TO COURT'S AUGUST 7, 2006 ORDER . 2006-08-15 . . 2008-06-23 . dead . https://web.archive.org/web/20080627111630/http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf . June 27, 2008.
  11. News: U.S. military reviews 'enemy combatant' use . . 2007-10-11 . 2007-10-23 . https://web.archive.org/web/20071023220558/http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm . live . Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation..
  12. News: Q&A: What next for Guantanamo prisoners? . . 2002-01-21 . 2008-11-24 . https://web.archive.org/web/20081123204530/http://news.bbc.co.uk/2/hi/americas/1773140.stm . 23 November 2008 . live.
  13. Web site: The Current Detainee Population of Guantánamo: An Empirical Study. The Brookings Institution. 2008-12-16. Benjamin Wittes. Benjamin Wittes. Zaathira Wyne. 2010-02-16. https://web.archive.org/web/20170519100934/https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf. 2017-05-19. live.
  14. News: Administrative Review Board Assessment and Recommendation ICO ISN 549 . 291 . 2007-10-07 . OARDEC . OARDEC . . 2009-08-30 . dead . https://web.archive.org/web/20090901063622/http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=291 . 2009-09-01.
  15. News: Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 549 . 292–298 . 2007-08-07 . OARDEC . OARDEC . . 2009-08-30 . dead . https://web.archive.org/web/20090901063622/http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=292 . 2009-09-01.
  16. News: WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose . . 2011-04-27 . 2012-07-13 . Christopher Hope . Robert Winnett . Holly Watt . Heidi Blake . 2012-07-15 . https://web.archive.org/web/20120715015806/http://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html . live . The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website. .
  17. News: WikiLeaks: The Guantánamo files database. The Telegraph (UK). 2011-04-27. 2012-07-10. 2015-06-26. https://web.archive.org/web/20150626204100/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. dead.
  18. News: Umar Said Salim Al Dini: Guantanamo Bay detainee file on Umar Said Salim Al Dini, US9YM-000549DP, passed to the Telegraph by Wikileaks. The Telegraph (UK). 2011-04-27. 2016-01-14. 2015-04-11. https://web.archive.org/web/20150411043334/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477527/Guantanamo-Bay-detainee-file-on-Umar-Said-Salim-Al-Dini-US9YM-000549DP.html. live.

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