| Said Salih Said Nashir | |
| Birth Date: | 29 September 1969[1] [2] |
| Id Number: | 841 |
| Alias: |
|
| Charge: | No charge |
Said Salih Said Nashir (a.k.a. Hani Saleh Rashid Abdullah; born September 29, 1969) is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[3] His Internment Serial Number is 841.
As of April 17, 2022, Said Salih Said Nashir has been held at Guantanamo for over 20 years.[4]
Initially the Bush administration 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 a 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 administration's definition of an enemy combatant.
The allegations against Nashir were:
Nashir chose to participate in his Combatant Status Review Tribunal.[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a three-page summarized transcript from his Combatant Status Review Tribunal.[6]
A Summary of Evidence memo was prepared for Said Salih Said Nashir's annual Administrative Review Board on November 23, 2005.[7] The threepage memo listed twenty-two"primary factors favor[ing] continued detention" and three"primary factors favor[ing] release or transfer".The factors he faced included:
A Summary of Evidence memo was prepared for Said Salih Said Nashir's annual Administrative Review Board on October 20, 2006.[8]
The three page memo listed nineteen "primary factors favor[ing] continued detention" and three "primary factors favor[ing] release or transfer".The factors he faced were essentially the same as those he faced in 2005, except that the man who was alleged to have commanded his ten-man squad at the Kandahar airport was alleged to have been al Qaeda's commander of the Northern Front in Kabul in 2000.
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. Further, all previous Guantanamo captives' habeas petitions were reinstated.
On July 18, 2008, his attorneys, Charles H. Carpenter and Stephen M. Truitt, filed a "Status report for Hani Saleh Rashid Abdullah" summarizing the renewed petitions on his behalf.[9]
Nashir's Guantanamo Review Task Force had concurred with earlier review boards, and recommended he be classed as too dangerous to release, although there was no evidence to justify charging him with a crime.Carol Rosenberg, of the Miami Herald, wrote that the recommendation from him Periodic Review Board concluded that while he was "probably intended by al-Qaida senior leaders to return to Yemen to support eventual attacks in Saudi Arabia," that he may have been unaware of these plans.
At the time of his capture, Nashir and five other men captured in Karachi at the same time were characterized as the "Karachi Six"—an al Qaeda sleeper cell. However, by the time he had his Periodic Review Board, analysts had stepped back from this assessment, and concluded that the men's capture at more or less the same time was a coincidence, and did not indicate they had been working together.
Nashir was approved for transfer on October 29, 2020.[10]