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Difference between revisions of "Hamound Abdullah Hamoud Hassan Al Wady"
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| image_caption = | | image_caption = | ||
| date_of_birth = {{Birth date and age|1965|09|05}} | | date_of_birth = {{Birth date and age|1965|09|05}} | ||
| − | | place_of_birth = [[Sana'a]], [[Yemen]] | + | | place_of_birth = [[Wikipedia:Sana'a]], [[Wikipedia:Yemen]] |
| date_of_arrest = | | date_of_arrest = | ||
| place_of_arrest= | | place_of_arrest= | ||
| Line 15: | Line 15: | ||
| place_of_death = | | place_of_death = | ||
| citizenship = | | citizenship = | ||
| − | | detained_at = [[Guantanamo Bay detention camp|Guantanamo]] | + | | detained_at = [[Wikipedia:Guantanamo Bay detention camp|Guantanamo]] |
| id_number = 574 | | id_number = 574 | ||
| group = | | group = | ||
| alias = | | alias = | ||
| − | | charge = No charge, held in [[extrajudicial detention]] | + | | charge = No charge, held in [[Wikipedia:extrajudicial detention]] |
| penalty = | | penalty = | ||
| status = Habeas petition renewed in July 2008 | | status = Habeas petition renewed in July 2008 | ||
| Line 29: | Line 29: | ||
| children = | | children = | ||
}} | }} | ||
| − | '''Hamoud Abdullah Hamoud Hassan Al Wady''' is a citizen of [[Yemen]], held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detention camp]]s, in [[Cuba]].<ref name=DoDList2> | + | '''Hamoud Abdullah Hamoud Hassan Al Wady''' is a citizen of [[Wikipedia:Yemen]], held in [[Wikipedia:extrajudicial detention]] in the [[Wikipedia:United States]] [[Wikipedia:Guantanamo Bay detention camp]]s, in [[Wikipedia:Cuba]].<ref name=DoDList2> |
{{cite web | {{cite web | ||
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf | | url=http://www.dod.mil/news/May2006/d20060515%20List.pdf | ||
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 | | title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 | ||
| − | | publisher=[[United States Department of Defense]] | + | | publisher=[[Wikipedia:United States Department of Defense]] |
| accessdate=2006-05-15 | | accessdate=2006-05-15 | ||
| quote= | | quote= | ||
}}</ref> | }}</ref> | ||
| − | His Guantanamo [[Internment Serial Number]] is 574. | + | His Guantanamo [[Wikipedia:Internment Serial Number]] is 574. |
| − | The [[US Department of Defense|Department of Defense]] reports that he was born on September 5, 1965, in [[Sana'a]], Yemen. | + | The [[Wikipedia:US Department of Defense|Department of Defense]] reports that he was born on September 5, 1965, in [[Wikipedia:Sana'a]], Yemen. |
As of December 4, 2009, Hamoud Abdullah Hamoud Hassan al Wady has been held at Guantanamo for seven years six months.<ref>http://projects.nytimes.com/guantanamo/detainees/574-hamoud-abdullah-hamoud-hassan-al-wady</ref> | As of December 4, 2009, Hamoud Abdullah Hamoud Hassan al Wady has been held at Guantanamo for seven years six months.<ref>http://projects.nytimes.com/guantanamo/detainees/574-hamoud-abdullah-hamoud-hassan-al-wady</ref> | ||
== Combatant Status Review Tribunal == | == Combatant Status Review Tribunal == | ||
| − | [[ | + | {{main|Combatant Status Review Tribunal}} |
| + | [[File:Trailer where CSR Tribunals were held.jpg|thumb|[[Wikipedia:Combatant Status Review Tribunal]]s were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.<ref name=Nytimes041109>[http://www.nytimes.com/2004/11/08/national/08gitmo.html?ex=1257570000&en=4af06725bdf5c086&ei=5088&partner=rssnyt Guantánamo Prisoners Getting Their Day, but Hardly in Court], ''[[Wikipedia:New York Times]]'', November 11, 2004 - [http://cageprisoners.com/articles.php?aid=3838 mirror]</ref><ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Wikipedia:Financial Times]]'', December 11, 2004</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306> | ||
{{cite web | {{cite web | ||
| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902 | | url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902 | ||
| title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials | | title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials | ||
| − | | publisher=[[United States Department of Defense]] | + | | publisher=[[Wikipedia:United States Department of Defense]] |
| date=March 6, 2007 | | date=March 6, 2007 | ||
| accessdate=2007-09-22 | | accessdate=2007-09-22 | ||
}}</ref>]] | }}</ref>]] | ||
| − | Initially the Bush administration asserted that they could withhold all the protections of the [[Geneva Conventions]] to captives from [[the war on terror]].<ref name=Bbc2002-01-21> | + | Initially the Bush administration asserted that they could withhold all the protections of the [[Wikipedia:Geneva Conventions]] to captives from [[Wikipedia:the war on terror]].<ref name=Bbc2002-01-21> |
{{cite news | {{cite news | ||
| url=http://news.bbc.co.uk/2/hi/americas/1773140.stm | | url=http://news.bbc.co.uk/2/hi/americas/1773140.stm | ||
| title=Q&A: What next for Guantanamo prisoners? | | title=Q&A: What next for Guantanamo prisoners? | ||
| − | | publisher=[[BBC News]] | + | | publisher=[[Wikipedia:BBC News]] |
| date=2002-01-21 | | date=2002-01-21 | ||
| accessdate=2008-11-24 | | accessdate=2008-11-24 | ||
| Line 62: | Line 63: | ||
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror] | }} [http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror] | ||
</ref> | </ref> | ||
| − | This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct [[competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status. | + | This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct [[Wikipedia:competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[Wikipedia:prisoner of war]] status. |
| − | Subsequently the [[United States Department of Defense|Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]]. | + | Subsequently the [[Wikipedia:United States Department of Defense|Department of Defense]] instituted the [[Wikipedia:Combatant Status Review Tribunal]]s. 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 [[Wikipedia:enemy combatant]]. |
| − | To comply with a [[Freedom of Information Act]] request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a [[court order]], and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Hamoud Abdullah Hamoud Hassan Al Wady was one of those 169 detainees.<ref name=SummaryOfEvidence455> | + | To comply with a [[Wikipedia:Freedom of Information Act]] request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a [[Wikipedia:court order]], and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Hamoud Abdullah Hamoud Hassan Al Wady was one of those 169 detainees.<ref name=SummaryOfEvidence455> |
| − | [http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#256 Summary of Evidence memo (.pdf)] prepared for [[Hamoud Abdullah Hamoud Hassan Al Wady]]'s ''[[Combatant Status Review Tribunal]]'' - October 13, 2004 - page 256</ref> | + | [http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#256 Summary of Evidence memo (.pdf)] prepared for [[Wikipedia:Hamoud Abdullah Hamoud Hassan Al Wady]]'s ''[[Wikipedia:Combatant Status Review Tribunal]]'' - October 13, 2004 - page 256</ref> |
===Allegations=== | ===Allegations=== | ||
:{| class="wikitable" border="1" | :{| class="wikitable" border="1" | ||
| | | | ||
| − | :'''a. The detainee is associated with [[Taliban]] and [[Al Qaida]]. | + | :'''a. The detainee is associated with [[Wikipedia:Taliban]] and [[Wikipedia:Al Qaida]]. |
| − | :#The detainee traveled to [[Afghanistan]] from Yemen via [[Iran]] and [[Syria]] in early 2001. | + | :#The detainee traveled to [[Wikipedia:Afghanistan]] from Yemen via [[Wikipedia:Iran]] and [[Wikipedia:Syria]] in early 2001. |
:#The detainee was recruited to go to Afghanistan and a religious educator financed his travel. | :#The detainee was recruited to go to Afghanistan and a religious educator financed his travel. | ||
| − | :#The detainee went to Afghanistan to fight [[Jihad]]. | + | :#The detainee went to Afghanistan to fight [[Wikipedia:Jihad]]. |
| − | :#The detainee stayed in multiple [[suspect safe house|safehouses]] in [[Pakistan]] and Afghanistan. | + | :#The detainee stayed in multiple [[Wikipedia:suspect safe house|safehouses]] in [[Wikipedia:Pakistan]] and Afghanistan. |
| − | :#The detainee is knowledgeable in the use of a [[Kalashnikov rifle]]. | + | :#The detainee is knowledgeable in the use of a [[Wikipedia:Kalashnikov rifle]]. |
:#The detainee was a money courier. | :#The detainee was a money courier. | ||
| − | :#The detainee delivered money to the Taliban in [[Herat]]. | + | :#The detainee delivered money to the Taliban in [[Wikipedia:Herat]]. |
| − | :#The detainee was captured in a [[suspect safe house, Pakistan|safehouse]] in Pakistan. | + | :#The detainee was captured in a [[Wikipedia:suspect safe house, Pakistan|safehouse]] in Pakistan. |
:'''b. The detainee supported military operations against the coalition. | :'''b. The detainee supported military operations against the coalition. | ||
| − | :#The detainee served at the [[Said Center, Bagram|Said Center]] for the rear guard near [[Bagram]] for the Taliban. | + | :#The detainee served at the [[Wikipedia:Said Center, Bagram|Said Center]] for the rear guard near [[Wikipedia:Bagram]] for the Taliban. |
|} | |} | ||
===Transcript=== | ===Transcript=== | ||
| − | Al Wady chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtHamoudAbdullahHamoudHassanAlWady> [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_39_2629-2646.pdf#1 Summarized transcripts (.pdf)], from [[Hamoud Abdullah Hamoud Hassan Al Wady]]'s ''[[Combatant Status Review Tribunal]]'' - pages 1-13</ref> | + | Al Wady chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtHamoudAbdullahHamoudHassanAlWady> [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_39_2629-2646.pdf#1 Summarized transcripts (.pdf)], from [[Wikipedia:Hamoud Abdullah Hamoud Hassan Al Wady]]'s ''[[Wikipedia:Combatant Status Review Tribunal]]'' - pages 1-13</ref> |
===Confusion over the Tribunal process=== | ===Confusion over the Tribunal process=== | ||
| Line 95: | Line 96: | ||
==Administrative Review Board hearing== | ==Administrative Review Board hearing== | ||
| − | Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[Administrative Review Board]] hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". | + | Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[Wikipedia:Administrative Review Board]] hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". |
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. | They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. | ||
| Line 103: | Line 104: | ||
==Habeas corpus petition== | ==Habeas corpus petition== | ||
| − | Al-Wady was one of the petitioners in [[Civil Action No. 05-cv-2385]], a [[habeas corpus]] petition filed on behalf of 63 captives on 13 December 2005.<ref name=Cv08-0442Doc92> | + | Al-Wady was one of the petitioners in [[Wikipedia:Civil Action No. 05-cv-2385]], a [[Wikipedia:habeas corpus]] petition filed on behalf of 63 captives on 13 December 2005.<ref name=Cv08-0442Doc92> |
{{cite web | {{cite web | ||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/92/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/92/0.pdf | ||
| title=Guantanamo Bay Detainee Litigation: Doc 92 -- status report | | title=Guantanamo Bay Detainee Litigation: Doc 92 -- status report | ||
| − | | publisher=[[United States Department of Justice]] | + | | publisher=[[Wikipedia:United States Department of Justice]] |
| − | | author=[[Shayana D. Kadidal]] | + | | author=[[Wikipedia:Shayana D. Kadidal]] |
| date=2008-07-18 | | date=2008-07-18 | ||
| accessdate=2008-08-22 | | accessdate=2008-08-22 | ||
| Line 117: | Line 118: | ||
===Military Commissions Act=== | ===Military Commissions Act=== | ||
| − | 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.<ref name=McaLetter2006-10-16> | + | The [[Wikipedia: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.<ref name=McaLetter2006-10-16> |
{{cite news | {{cite news | ||
| url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf | | url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf | ||
| title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006 | | title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006 | ||
| − | | publisher=[[United States Department of Justice]] | + | | publisher=[[Wikipedia:United States Department of Justice]] |
| − | | author=[[Peter D. Keisler]], [[Douglas N. Letter]] | + | | author=[[Wikipedia:Peter D. Keisler]], [[Wikipedia:Douglas N. Letter]] |
| date=2006-10-16 | | date=2006-10-16 | ||
| accessdate=2008-09-30 | | accessdate=2008-09-30 | ||
| Line 131: | Line 132: | ||
===Boumediene v. Bush=== | ===Boumediene v. Bush=== | ||
| − | 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. | + | On June 12, 2008 the [[Wikipedia:United States Supreme Court]] ruled, in [[Wikipedia:Boumediene v. Bush]], that the [[Wikipedia:Military Commissions Act]] could not remove the right for [[Wikipedia: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".<ref name=BostonGlobe2008-10-24> | 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".<ref name=BostonGlobe2008-10-24> | ||
{{cite news | {{cite news | ||
| url=http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/ | | url=http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/ | ||
| title=Lawyers debate 'enemy combatant' | | title=Lawyers debate 'enemy combatant' | ||
| − | | publisher=[[Boston Globe]] | + | | publisher=[[Wikipedia:Boston Globe]] |
| − | | author=[[Farah Stockman]] | + | | author=[[Wikipedia:Farah Stockman]] |
| date=2008-10-24 | | date=2008-10-24 | ||
| accessdate=2008-10-24 | | accessdate=2008-10-24 | ||
| Line 145: | Line 146: | ||
===Re-initiation=== | ===Re-initiation=== | ||
| − | [[Shayana D. Kadidal]] re-initiated his habeas petition on 18 July 2008.<ref name=Cv08-0442Doc92/> | + | [[Wikipedia:Shayana D. Kadidal]] re-initiated his habeas petition on 18 July 2008.<ref name=Cv08-0442Doc92/> |
Al Wady was one of only seven men named in the original petition who hadn't been repatriated.<ref name=Cv08-0442Doc211> | Al Wady was one of only seven men named in the original petition who hadn't been repatriated.<ref name=Cv08-0442Doc211> | ||
{{cite web | {{cite web | ||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/211/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/211/0.pdf | ||
| title=Guantanamo Bay Detainee Litigation: Doc 211 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2385 | | title=Guantanamo Bay Detainee Litigation: Doc 211 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2385 | ||
| − | | publisher=[[United States Department of Justice]] | + | | publisher=[[Wikipedia:United States Department of Justice]] |
| author= | | author= | ||
| date=2008-07-29 | | date=2008-07-29 | ||
| Line 158: | Line 159: | ||
</ref> | </ref> | ||
| − | Al Wady was still in Guantanamo on 21 November 2008, when [[Carlton F. Gunn]] joined his Defense team.<ref name=Cv08-0442Doc1029> | + | Al Wady was still in Guantanamo on 21 November 2008, when [[Wikipedia:Carlton F. Gunn]] joined his Defense team.<ref name=Cv08-0442Doc1029> |
{{cite web | {{cite web | ||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1029/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1029/0.pdf | ||
| title=Guantanamo Bay Detainee Litigation: Doc 1029 -- NOTICE OF APPEARANCE | | title=Guantanamo Bay Detainee Litigation: Doc 1029 -- NOTICE OF APPEARANCE | ||
| − | | publisher=[[United States Department of Justice]] | + | | publisher=[[Wikipedia:United States Department of Justice]] |
| − | | author = [[Carlton F. Gunn]] | + | | author = [[Wikipedia:Carlton F. Gunn]] |
| date=2008-11-21 | | date=2008-11-21 | ||
| accessdate=2008-11-18 | | accessdate=2008-11-18 | ||
| Line 170: | Line 171: | ||
</ref> | </ref> | ||
| − | On March 3 2009 [[Carlton Gunn]] filed a ''"Renewed motion for contact with client"'' documenting the difficulty he had with meeting Al Wady.<ref name=Cv08-0442Doc1664> | + | On March 3 2009 [[Wikipedia:Carlton Gunn]] filed a ''"Renewed motion for contact with client"'' documenting the difficulty he had with meeting Al Wady.<ref name=Cv08-0442Doc1664> |
{{cite web | {{cite web | ||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1664/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1664/0.pdf | ||
| title=Guantanamo Bay Detainee Litigation: Doc 1664 -- Renewed motion for contact with client | | title=Guantanamo Bay Detainee Litigation: Doc 1664 -- Renewed motion for contact with client | ||
| − | | publisher=[[United States Department of Justice]] | + | | publisher=[[Wikipedia:United States Department of Justice]] |
| − | | author=[[Carlton Gunn]] | + | | author=[[Wikipedia:Carlton Gunn]] |
| date=2009-03-03 | | date=2009-03-03 | ||
| accessdate=2009-03-05 | | accessdate=2009-03-05 | ||
| Line 181: | Line 182: | ||
}} | }} | ||
</ref> | </ref> | ||
| − | Gunn described traveling to Guantanamo, only to be told that guards had gone to Al Wady's cell block, and returned to tell him Al Wady didn't want to meet him. Gunn had requested permission to go to Al Wady's cell himself, to request him to meet with him. Camp authorities refused this request. So he petitioned [[US District Court Judge]] [[Richard W. Roberts]] | + | Gunn described traveling to Guantanamo, only to be told that guards had gone to Al Wady's cell block, and returned to tell him Al Wady didn't want to meet him. Gunn had requested permission to go to Al Wady's cell himself, to request him to meet with him. Camp authorities refused this request. So he petitioned [[Wikipedia:US District Court Judge]] [[Wikipedia:Richard W. Roberts]] |
to direct the camp authorities to allow him to personally go to Al Wady's cell to invite him to meet him. | to direct the camp authorities to allow him to personally go to Al Wady's cell to invite him to meet him. | ||
Latest revision as of 23:41, 12 July 2012
| This article contains content from Wikipedia An article on this subject has been nominated for deletion on Wikipedia: Wikipedia:Articles for deletion/ Walid Said Bin Said Zaid (2nd nomination) Current versions of the GNU FDL article on WP may contain information useful to the improvement of this article |
WP+ NO DEL |
Hamoud Abdullah Hamoud Hassan Al Wady is a citizen of Wikipedia:Yemen, held in Wikipedia:extrajudicial detention in the Wikipedia:United States Wikipedia:Guantanamo Bay detention camps, in Wikipedia:Cuba.[1] His Guantanamo Wikipedia:Internment Serial Number is 574. The Department of Defense reports that he was born on September 5, 1965, in Wikipedia:Sana'a, Yemen.
As of December 4, 2009, Hamoud Abdullah Hamoud Hassan al Wady has been held at Guantanamo for seven years six months.[2]
Contents
Combatant Status Review Tribunal[edit]
Wikipedia:Combatant Status Review Tribunals were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.[3][4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]
Initially the Bush administration asserted that they could withhold all the protections of the Wikipedia:Geneva Conventions to captives from Wikipedia:the war on terror.[6] This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct Wikipedia:competent tribunals to determine whether captives are, or are not, entitled to the protections of Wikipedia:prisoner of war status.
Subsequently the Department of Defense instituted the Wikipedia: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 Wikipedia:enemy combatant.
To comply with a Wikipedia:Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a Wikipedia:court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Hamoud Abdullah Hamoud Hassan Al Wady was one of those 169 detainees.[7]
Allegations[edit]
- a. The detainee is associated with Wikipedia:Taliban and Wikipedia:Al Qaida.
- The detainee traveled to Wikipedia:Afghanistan from Yemen via Wikipedia:Iran and Wikipedia:Syria in early 2001.
- The detainee was recruited to go to Afghanistan and a religious educator financed his travel.
- The detainee went to Afghanistan to fight Wikipedia:Jihad.
- The detainee stayed in multiple safehouses in Wikipedia:Pakistan and Afghanistan.
- The detainee is knowledgeable in the use of a Wikipedia:Kalashnikov rifle.
- The detainee was a money courier.
- The detainee delivered money to the Taliban in Wikipedia:Herat.
- The detainee was captured in a safehouse in Pakistan.
- b. The detainee supported military operations against the coalition.
- The detainee served at the Said Center for the rear guard near Wikipedia:Bagram for the Taliban.
- a. The detainee is associated with Wikipedia:Taliban and Wikipedia:Al Qaida.
Transcript[edit]
Al Wady chose to participate in his Combatant Status Review Tribunal.[8]
Confusion over the Tribunal process[edit]
Al Wady's transcript records him describing his confusion over the Tribunal process.
Administrative Review Board hearing[edit]
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Wikipedia:Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
al-Wady chose to participate in his Administrative Review Board hearing, telling the panel that he was entering his fifth year of imprisonment and "want[ed] to see American justice, where is it?"[9]
Habeas corpus petition[edit]
Al-Wady was one of the petitioners in Wikipedia:Civil Action No. 05-cv-2385, a Wikipedia:habeas corpus petition filed on behalf of 63 captives on 13 December 2005.[10]
Military Commissions Act[edit]
The Wikipedia: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.[11]
Boumediene v. Bush[edit]
On June 12, 2008 the Wikipedia:United States Supreme Court ruled, in Wikipedia:Boumediene v. Bush, that the Wikipedia:Military Commissions Act could not remove the right for Wikipedia: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".[12]
Re-initiation[edit]
Wikipedia:Shayana D. Kadidal re-initiated his habeas petition on 18 July 2008.[10] Al Wady was one of only seven men named in the original petition who hadn't been repatriated.[13]
Al Wady was still in Guantanamo on 21 November 2008, when Wikipedia:Carlton F. Gunn joined his Defense team.[14]
On March 3 2009 Wikipedia:Carlton Gunn filed a "Renewed motion for contact with client" documenting the difficulty he had with meeting Al Wady.[15] Gunn described traveling to Guantanamo, only to be told that guards had gone to Al Wady's cell block, and returned to tell him Al Wady didn't want to meet him. Gunn had requested permission to go to Al Wady's cell himself, to request him to meet with him. Camp authorities refused this request. So he petitioned Wikipedia:US District Court Judge Wikipedia:Richard W. Roberts to direct the camp authorities to allow him to personally go to Al Wady's cell to invite him to meet him.
References[edit]
- ↑ List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. Wikipedia:United States Department of Defense. URL accessed on 2006-05-15.
- ↑ http://projects.nytimes.com/guantanamo/detainees/574-hamoud-abdullah-hamoud-hassan-al-wady
- ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:New York Times, November 11, 2004 - mirror
- ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Financial Times, December 11, 2004
- ↑ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.
- ↑
"Q&A: What next for Guantanamo prisoners?". Wikipedia:BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror
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- ↑ Summary of Evidence memo (.pdf) prepared for Wikipedia:Hamoud Abdullah Hamoud Hassan Al Wady's Wikipedia:Combatant Status Review Tribunal - October 13, 2004 - page 256
- ↑ Summarized transcripts (.pdf), from Wikipedia:Hamoud Abdullah Hamoud Hassan Al Wady's Wikipedia:Combatant Status Review Tribunal - pages 1-13
- ↑ http://news.yahoo.com/s/ap/20070909/ap_on_re_la_am_ca/guantanamo
- ↑ 10.0 10.1 Wikipedia:Shayana D. Kadidal. Guantanamo Bay Detainee Litigation: Doc 92 -- status report. Wikipedia:United States Department of Justice. URL accessed on 2008-08-22. mirror
- ↑ Wikipedia:Peter D. Keisler, Wikipedia:Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". Wikipedia:United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30. mirror </li>
- ↑ Wikipedia:Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Wikipedia:Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24. mirror </li>
- ↑ Guantanamo Bay Detainee Litigation: Doc 211 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2385. Wikipedia:United States Department of Justice. URL accessed on 2008-08-13. mirror
- ↑ Wikipedia:Carlton F. Gunn. Guantanamo Bay Detainee Litigation: Doc 1029 -- NOTICE OF APPEARANCE. Wikipedia:United States Department of Justice. URL accessed on 2008-11-18.
- ↑ Wikipedia:Carlton Gunn. Guantanamo Bay Detainee Litigation: Doc 1664 -- Renewed motion for contact with client. Wikipedia:United States Department of Justice. URL accessed on 2009-03-05.
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