Ridah Bin Saleh Al Yazidi Explained

Ridah Bin Saleh al-Yazidi
Birth Date:24 January 1965[1]
Id Number:38
Status:Habeas petition renewed in July 2008

Ridah Bin Saleh Bin Mabrouk al-Yazidi (born January 24, 1965) is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba since the day it opened, on January 11, 2002.Al Yazidi's Guantanamo detainee ID number is 38.

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.[2] 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.[2] [3]

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:[4]

Habeas corpus petitions

Al-Yazidi's original habeas corpus petition was amalgamated with David Hicks's -- Civil Action No. 02-cv-0299.[5] [6]

179 captives who had habeas petitions files on their behalf had a dossier of unclassified documents from their Combatant Status Review Tribunals published.[7] But Al Yazidi's documents were withheld. The Bush administration has not offered an explanation as to why his documents were withheld.

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

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. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

Al-Yazidi's counsel have submitted requests to re-instate his habeas petition.On July 7, 2008, Brent N. Rushforth filed a "PETITIONER’S UNOPPOSED MOTION TO ENTER PROTECTIVE ORDER" on behalf of Ridah Bin Saleh al-Yazidi.[6] [8] [9]

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.[10] [11] His Joint Task Force Guantanamo assessment was drafted on June 6, 2007.[12] It was signed by camp commandant Rear Admiral Mark H. Buzby. He recommended continued detention.

Joint Review Task Force

On January 21, 2009, the day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo.[13] [14] [15] [16] He put in place a new review system composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request.Al-Yazidi was one of the 126 individuals approved for transfer.[17]

Status during the Donald Trump administration

Observers noted that President Barack Obama's administration made a push to transfer as many individuals from Guantanamo, as possible, during his last year. The Washington Post reported that Ridah bin Saleh al-Yazidi was one of the five individuals who had been cleared for release, who remained in Guantanamo when Donald Trump was inaugurated. During the election campaign Trump had promised that, once he took power, no one would ever leave detention at Guantanamo, that he would bring more individuals to be detained there. The Washington Post reported that Obama administration officials had gotten a country to accept al-Yazidi, but he declined their hospitality.

Notes and References

  1. Web site: JTF- GTMO Detainee Assessment. nyt.com. 4 May 2024.
  2. 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..
  3. 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.
  4. 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.
  5. Web site: David Hicks v. United States . 1–19 . . 2004-10-04 . 2008-09-26 . dead . https://web.archive.org/web/20080923024443/http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1-91.pdf#1 . 2008-09-23.
  6. Web site: Guantanamo Bay Detainee Litigation: Doc 12 . . Brent N. Rushforth . Brent N. Rushforth . 2008-07-07 . 2008-09-26 . live . https://web.archive.org/web/20120225023412/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/12/0.pdf . 2012-02-25.
  7. Web site: Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. OARDEC. OARDEC. United States Department of Defense. 2008-08-08. 2007-09-29.
  8. Web site: Guantanamo Bay Detainee Litigation: Doc 127 -- Petitioner Yazidi's status report . . Brent N. Rushforth . Brent N. Rushforth . 2008-07-18 . 2008-09-27 . 2012-02-25 . https://web.archive.org/web/20120225023437/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/178/0.pdf . dead. mirror
  9. Web site: Guantanamo Bay Detainee Litigation: Doc 178 -- Memorandum of understanding regarding access to classified national security information . . Kit A. Pierson . Kit A. Pierson . 2008-07-22 . 2008-09-26 . live . https://web.archive.org/web/20120225023437/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/178/0.pdf . 2012-02-25.
  10. 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..
  11. 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.
  12. News: Ridah Bin Saleh Al Yazidi: Guantanamo Bay detainee file on Ridah Bin Saleh Al Yazidi, US9TS-000038DP, passed to the Telegraph by Wikileaks. The Telegraph (UK). 2011-04-27. 2016-07-09.
  13. News: Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?. Andy Worthington. Andy Worthington. 2012-10-25. 2015-02-19. I have already discussed at length the profound injustice of holding Shawali Khan and Abdul Ghani, in articles here and here, and noted how their cases discredit America, as Khan, against whom no evidence of wrongdoing exists, nevertheless had his habeas corpus petition denied, and Ghani, a thoroughly insignificant scrap metal merchant, was put forward for a trial by military commission — a war crimes trial — under President Bush..
  14. Web site: Andy Worthington. Does Obama Really Know or Care About Who Is at Guantánamo?. June 11, 2010. July 21, 2010. 2010-06-16. https://web.archive.org/web/20100616161842/http://www.andyworthington.co.uk/2010/06/11/does-obama-really-know-or-care-about-who-is-at-guantanamo. live.
  15. News: Justice task force recommends about 50 Guantanamo detainees be held indefinitely . Peter Finn . Washington Post . January 22, 2010 . July 21, 2010 . 2015-05-04 . https://web.archive.org/web/20150504225142/http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012104936.html . live.
  16. News: Most Guantanamo detainees low-level fighters, task force report says . Peter Finn . Washington Post . May 29, 2010 . July 21, 2010 . 2015-05-10 . https://web.archive.org/web/20150510052105/http://www.washingtonpost.com/wp-dyn/content/article/2010/05/28/AR2010052803873.html . live.
  17. News: Guantanamo Detainee Disposition List. Charlie. Savage. The New York Times . 24 June 2014. NYTimes.com.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Ridah Bin Saleh Al Yazidi".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.