Tarek Ali Abdullah Ahmed Baada Explained

Subject Name:Tarek Ali Abdullah Ahmed Baada
Birth Date:[1]
Id Number:178
Status:Transferred to Saudi Arabia

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.

Baada arrived at Guantanamo on February 9, 2002, and was held at Guantanamo for fourteen years.Baada was cleared for release by the Guantanamo Joint Task Force initiated by President Barack Obama when he first took office in January 2009.

Baada has been a long term hunger striker, and, by June 2015, his weight had dropped to 75.4lb 56 percent of his ideal weight. In September 2015, his lawyer warned that Baada's life is in danger.[2]

In September, an unspecific country offered to accept him into their country on the condition of being able to review his medical records. However, the Pentagon refused to release the records, citing privacy concerns.[3]

Inconsistent spelling and naming in various documents

Baada's name was spelled 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.[5] 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.[5] [6]

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:[7]

A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's Combatant Status Review Tribunal, on October 13, 2004.A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's first annual Administrative Review Board, on June 21, 2005.A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's second annual Administrative Review Board, on March 22, 2006.

Habeas corpus petition

A habeas corpus was filed on this captive's behalf. In September 2007, the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.[8] This habeas was not among those published.

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.[9]

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.The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[10]

On July 16, 2008, Julia Symon filed a "UNOPPOSED MOTION FOR EXPEDITED ENTRY OF PROTECTIVE ORDER" on behalf of Mohammed Abdullah Mohammed Ba Odah, Tariq Ali Abdullah Ba Odah, Nasser Ali Abdullah Odah in Civil Action No. 06-cv-1668 (HHK).[11] On June 26, 2015, Courthouse News reported that Baada's lawyer, Omar Farah, filed requests for his rapid transfer from Guantanamo because his weight had fallen dangerously low.His weight was so low his lawyers found him barely recognizable. Medical experts tell them his health is now so fragile that he could die from a simple infection. They said that, even if he escaped accidental death, death would be an inevitable consequence of weight so low.

His lawyers quoted policy on repatriating those with a "chronic disease", and argued he met the criteria for repatriation under this policy.

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.[12] [13] A Joint Task Force Guantanamo detainee assessment was drafted on January 13, 2008.It was ten pages long, and was signed by camp commandant Rear Admiral Mark H. Buzby. He recommended continued detention.

Guantanamo 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.[14] [15] He established a task force to re-review the status of all the remaining captives. Where the OARDEC officials reviewing the status of the captives were all "field grade" officers in the US military (Commanders, naval Captains, Lieutenant Colonels and Colonels) the officials seconded to the task force were drawn from not only the Department of Defense, but also from five other agencies, including the Departments of State, Justice, Homeland Security. President Obama gave the task force a year, and it recommended the release of Baada and 54 other individuals.

2016-04-16 transfer

On Saturday April 16, 2016, Baada and eight other individuals from Yemen were transferred from Guantanamo to Saudi Arabia. The transfer came a week before President Obama was scheduled to visit Saudi Arabia.

Notes and References

  1. Web site: JTF- GTMO Detainee Assessment. Department of Defense. 13 January 2008. 14 December 2022.
  2. Web site: Lawyers: Guantanamo Prisoner on Hunger Strike 'Gravely Sick'. 2015-09-13. ABC. News. ABC News.
  3. Web site: Special Report: Pentagon thwarts Obama's effort to close Guantanamo. December 28, 2015. WASHINGTON. CHARLES. LEVINSON. DAVID. ROHDE. Reuters.
  4. http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)
  5. 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..
  6. 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.
  7. 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.
  8. Web site: Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. OARDEC. United States Department of Defense. 2007-08-08. 2007-09-29.
  9. News: NOTICE OF MILITARY COMMISSIONS ACT OF 2006 . . . 2006-10-16 . 2008-09-30 . live . https://web.archive.org/web/20081002190428/http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf . 2008-10-02.
  10. News: Lawyers debate 'enemy combatant' . . . 2008-10-24 . 2008-10-24 . live . https://web.archive.org/web/20081027091934/http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/ . 2008-10-27.
  11. Web site: Guantanamo Bay Detainee Litigation: Doc 66 -- UNOPPOSED MOTION FOR EXPEDITED ENTRY OF PROTECTIVE ORDER . . . 2008-07-16 . 2008-11-12 . live . https://web.archive.org/web/20120309211054/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/66/0.pdf . 2012-03-09.
  12. 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. .
  13. News: WikiLeaks: The Guantánamo files database. https://web.archive.org/web/20110429040459/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. dead. 2011-04-29. The Telegraph (UK). 2011-04-27. 2012-07-10.
  14. 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.
  15. 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.

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