Ghaleb Nassar Al Bihani Explained

Ghaleb Nassar Al Bihani
Birth Date:[1] [2]
Id Number:128
Alias:Ghaleb Nassar al Bahani

Ghaleb Nassar Al Bihani is a citizen of Yemen formerly held in the United States Guantanamo Bay detainment camps, in Cuba.The Department of Defense estimate that he was born in 1979, in Tabuk, Saudi Arabia.

Multiple media outlets reported that al-Bihani had simply been a cook for the Taliban's 55th Arab Brigade.[3] [4] [5] [6] [7]

Al-Bihani's habeas corpus petition was the first one to be ruled on by a higher court.[8]

On May 28, 2014, a Periodic Review Board recommended that al-Bihani should be cleared for release.[9]

Ghaleb Nassar Al Bihani arrived at Guantanamo on January 17, 2002, and was transferred to Oman with nine other men, on January 16, 2017.[10] [11] [12]

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.[13] 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.[13]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[14]

Writ of habeas corpus

Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before US District Court Judge Richard J. Leon.[4] [5] [6] [7] [15] [16] [17] On January 29, 2009, Leon ruled that his CSR Tribunal had appropriated classified al-Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."

Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals.[3] According to Charlick, those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.”[3]

A panel of three judges, Janice Rogers Brown, Brett Kavanaugh and Stephen F. Williams convened on October 2, 2009, to hear Ghaleb's appeal.[3] Although the judges expressed some skeptical comments they did not release a ruling.

The October 2, 2009, hearing was open to the public.[3] According to the Blog of Legal Times Charlick had wanted to attend the September 15, 2009, hearing of the appeal of Leon's ruling on Bensayah Belkacem, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence.[18] Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb.

The appeal panel made its ruling on January 5, 2010.[19] [20] John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found:"...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war."According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra Universitycharacterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”.CNN reported that the ruling would apply to all other captives.[8] [21] [22]

Guantanamo Review Task Force

On January 22, 2009, when President Barack Obama had just taken office, he issued three Executive Orders related to Guantanamo—one of which set up a high-level Guantanamo Review Task Force.Practically no documents generated by this Task Force's activities have been made public, other than the three lists of captives.The Task Force broke the remaining captives into three groups: those who should face charges; those who did not represent enough of a threat to the US to justify continued detention, and who should be released; and finally individuals for who there was no evidence to justify laying criminal charges who nevertheless should continue to be detained due to the threat to the USA they were imagined to represent should they be released.Ghaled Nassar al-Bihani was one of men who weren't guilty of a crime, so they couldn't be charged, who, nevertheless, due to fears of what he might do, if released, the Task Force recommended continued detention.

Al-Bihani, and the other men who faced indefinite detention without charge, were supposed to have regular status reviews, to see whether they were still feared to represent a sufficient danger they should continue to be held in continued extrajudicial detention.

Periodic Review Board

Ghaleb Nassar al-Bihani was the fourth individual to have a Periodic Review Board hearing scheduled to review his status.[23] [24] His review was held on April 8, 2014.Senior representatives of the Departments of Defense, State, Justice, Homeland Security and the Office of the Director of National Intelligence convened in Washington DC area. Al-Bihani, his civilian lawyer Pardiss Kebraie, his Personal Representatives, would be allowed to participate in the non-classified part of the review, via videolink. A limited number of reporters and human rights workers would be allowed to view part of the non-classified portion of the review, via a one-way video-link.

Two documents prepared for his review were made public on April 8, 2014.

A single page "Guantanamo Detainee Profile", prepared on January 27, was three paragraphs long—and was much less specific than the summary of evidence memos prepared for his annual OARDEC reviews.[25] It asserted that al-Bihani was "almost certainly" a member of al Qaeda, that he had brothers who had also traveled to Afghanistan, for jihad, that one brother was a member of Al Qaeda in the Arabian Peninsula.

Also published was a four pages from his Personal Representatives and his civilian lawyer Pardiss Kebraie.[26] His Personal Representative wrote:

-- when the quotation template doesn't work tables can pinch-hit -->

Looking at the factors listed in the DTM 12-005 for assessing whether a detainee meets this standard, they can be grouped into three general categories: factors that go to whether a detainee has the capacity to be a significant and continuing threat to the security of the United States, whether he has the motive, and whether he will have the opportunity. In the vulnerability assessment methodologies with which I am familiar, if any of the three is absent or sufficiently low, then a threat is considered to be negligible.

His Personal Representative argued that al-Bihani didn't meet any of the criteria for being an ongoing threat, while the guidelines required him to meet all three criteria.

Reports his brother was killed fighting in Somalia

The Long War Journal reported that a martyrdom statement for Abu 'Asim al Tabuki Mansour Nasser al Bihani was published in November 2011.[27] It reported that this individual had fought in Chechnya, lived in Afghanistan, until the fall of the Taliban, had been captured in Saudi Arabia, transferred to Yemen, where he escaped from Prison, and finally travelled to Somalia, where he died fighting for jihadists. It reported he had two brothers in Guantanamo.

See also

External links

Notes and References

  1. https://int.nyt.com/data/documenttools/82847-isn-128-ghaleb-nassar-al-bihani-jtf-gtmo/dca5247fa8da3da1/full.pdf Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN 000128DP (S)
  2. https://www.prs.mil/Portals/60/Documents/ISN128/140127_U_ISN128_GOVERNMENT'S_UNCLASSIFIED_SUMMARY_PUBLIC.pdf?ver=uzshYvriWDB8o3g1W1vXIQ%3d%3d Guantanamo Detainee Profile
  3. News: D.C. Circuit Keeps Courtroom Open for Guantanamo Bay Case . . 2009-10-02 . https://web.archive.org/web/20091004094503/http://legaltimes.typepad.com/blt/2009/10/dc-circuit-keeps-courtroom-open-for-guantanamo-bay-case.html . live . 2009-10-04.
  4. News: How Cooking For The Taliban Gets You Life In Guantánamo . 2009-01-29 . . https://archive.today/20140408173600/http://www.andyworthington.co.uk/2009/01/29/how-cooking-for-the-taliban-gets-you-life-in-guantanamo/ . 2014-04-08 . dead.
  5. News: Judge OKs Holding Taliban Cook At Gitmo . . 2009-01-28 . https://web.archive.org/web/20090201024913/http://www.cbsnews.com/stories/2009/01/28/world/main4760407.shtml . 2009-02-01 . dead.
  6. News: Judge won't free Taliban cook held at Gitmo . . 2009-01-28 .
  7. News: Holding cook at Guantanamo OK'd . . 2009-01-28 . https://web.archive.org/web/20121025003036/http://www.boston.com/news/nation/washington/articles/2009/01/29/holding_cook_at_guantanamo_okd/ . 2012-10-25 . dead.
  8. News: Court upholds U.S. right to hold Guantanamo prisoners . . 2010-01-06 . David G. Savage . https://web.archive.org/web/20100106223546/http://www.latimes.com/news/nation-and-world/la-na-gitmo-court6-2010jan06,0,1937492.story . 2010-01-06 . dead.
  9. News: Board OKs release of sickly 'forever prisoner' who learned yoga at Guantánamo: Ghaleb Nassar al Bihani, 35, of Yemen is cleared for release 'when practicable' and says he would prefer going to a third country rather than his homeland. Miami Herald. Carol Rosenberg. 2014-05-28. Guantanamo Bay Naval Base. https://web.archive.org/web/20140602002855/http://www.miamiherald.com/2014/05/28/4143820/federal-board-oks-release-of-forever.html. 2014-06-02. 2014-06-02. live . The Yemeni’s new designation as eligible for release means that of Guantánamo prison’s 154 captives, 43 are now considered indefinite detainees and 78 could leave once the State Department negotiates transfer deals. The rest include three convicted war criminals and other captives either awaiting trial or considered possible tribunal candidates..
  10. Web site: Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba . . . 2007-03-16 . 2008-12-22 . live . https://web.archive.org/web/20090125010428/http://www.dod.mil/pubs/foi/detainees/measurements/ . 2009-01-25.
  11. Web site: Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version) . Center for the Study of Human Rights in the Americas, from DoD data . https://web.archive.org/web/20100613004352/http://humanrights.ucdavis.edu/resources/library/documents-and-reports/gtmo_heightsweights.pdf . 2010-06-13 . dead.
  12. News: Guantanamo Docket: Ghaleb Nassar al Bihani . New York Times. 2010-03-30. Margot Williams. 2008-11-03.
  13. 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..
  14. News: The Current Detainee Population of Guantánamo: An Empirical Study . . 2008-12-16 . Benjamin Wittes, Zaathira Wyne . 2010-02-16 . dead . https://web.archive.org/web/20130601150504/http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf . 2013-06-01.
  15. News: Judge OKs holding Taliban cook at Guantanamo . https://archive.today/20240524081131/https://www.webcitation.org/5eBJ1KALO?url=http://www.google.com/hostednews/ap/article/ALeqM5jlzEUb-G-aKBEAhEzC5qg7YSdQmQD9609E6O0 . dead . 2024-05-24 . . Nedra Pickler . 2009-01-28 . 2009-01-28 .
  16. News: US judge approves holding Taliban cook at Guantanamo. AFP. 2009-01-28. 2009-01-28. https://web.archive.org/web/20111220164118/http://www.google.com/hostednews/afp/article/ALeqM5jOdCDoePl7u2bTU03_gSbAoHNy3A. December 20, 2011. dead.
  17. News: Judge Rules U.S. May Continue to Hold Detainee at Guantanamo. Washington Post. Del Quentin Wilber. 2009-01-28. 2009-01-28.
  18. News: D.C. Circuit Orders Guantanamo Hearing Closed to Public . . 2009-09-15 . https://web.archive.org/web/20090917030905/http://legaltimes.typepad.com/blt/2009/09/dc-circuit-orders-guantanamo-hearing-closed-to-public.html . 2009-09-17 . dead.
  19. News: Court Backs War Powers Over Rights of Detainees . . 2010-01-06 . John Schwartz . https://archive.today/20140408173603/http://www.nytimes.com/2010/01/06/us/06detain.html?pagewanted=print . 2014-04-08 . dead.
  20. News: Ghaled Nassar Al-Bihani v. Barack Obama -- Civil Action No 09-5051 . . 2010-01-05 . https://web.archive.org/web/20110613222612/http://pacer.cadc.uscourts.gov/common/opinions/201001/09-5051-1223587.pdf . 2011-06-13 . dead.
  21. News: Federal court limits rights of Guantanamo detainees . . 2010-01-06 . Bill Mears . https://web.archive.org/web/20121107054423/http://www.cnn.com/2010/CRIME/01/06/us.guantanamo.rights/ . 2012-11-07 . dead.
  22. News: Yemeni loses appeal for release from Guantanamo . . 2010-01-06 . Jeremy Pelofsky . https://web.archive.org/web/20100117051556/http://www.reuters.com/article/idUSTRE6044IR20100105 . 2010-01-17 . dead.
  23. News: Inside a Guantanamo parole hearing: The prison Obama vowed to close still holds 154 men 12 years after it opened. Yahoo News. Liz Goodman. 2014-04-08. https://web.archive.org/web/20140409023015/http://news.yahoo.com/inside-a-gitmo-parole-hearing-195102107.html. 2014-04-09. 2014-04-08. live . The detainee, Ghaleb Nassar al-Bihani, listened intently to the government’s summary of his case in an air-conditioned trailer on the Cuban military base Tuesday morning. Reporters could observe portions of the proceedings by video in a Defense Department building in Arlington, Va..
  24. News: Guantanamo Prisoner Appeals to Panel for Release. ABC News. 2014-04-08. Ghaleb Nassar al-Bihani is the fourth Guantanamo prisoner to appear before the Periodic Review Board, which is reviewing the status of nearly half of the 154 prisoners still held at the U.S. base in Cuba. The reviews began last year as part of President Barack Obama's renewed effort to close the prison..
  25. Web site: Guantanamo Detainee Profile. Periodic Review Board. 2014-01-27. https://web.archive.org/web/20140413143725/http://www.prs.mil/Portals/60/Documents/ISN128/140127_U_ISN128_GOVERNMENT%27S_UNCLASSIFIED_SUMMARY_PUBLIC.pdf. 2014-04-13. live . Alt URL
  26. Web site: Opening statement of Personal Representatives. Periodic Review Board. 2014-04-08. https://web.archive.org/web/20140413151356/http://www.prs.mil/Portals/60/Documents/ISN128/140408_ISN128_U_PR_STATEMENT_PRB_UNCLASS_PUBLIC.pdf. 2014-04-13. live . Alt URL
  27. News: Jihadist releases bio of Yemeni al Qaeda operative killed in Somalia. Long War Journal. 2011-12-10. 2011-12-14. The statement announcing the death of Abu 'Asim al Tabuki Mansour Nasser al Bihani was written by Abu Ibrahim al Muhajir and released on Shumukh al Islam, a jihadist forum closely linked to al Qaeda, on Nov. 26.. Bill Roggio.

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