Oybek Jamoldinivich Jabbarov

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Abu Bakir Jamaludinovich is a citizen of Uzbekistan, who was held for close to eight years in extrajudicial detention (WP) in the United States (WP) Guantanamo Bay detainment camp (WP)s, in Cuba (WP). Jamaludinovich's Guantanamo detainee ID number is 452. American intelligence analysts estimate Jamaludinovich was born in 1974, in Chartakh, Uzbekistan.

According to the Washington Post, by February 2009, Jabbarov's weight has dropped from 167 to 100 pounds.

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According to the Associated Press Oybek was a shepherd in Uzbekistan, who had been living with his pregnant wife and young child in a refugee camp in Afghanistan at the time of the American invasion. He accepted a ride from some Afghan Northern Alliance soldiers, who then sold him to the Americans for a bounty.

Jamaludinovich was cleared for repatriation on 22 February 2007, but his actual release was delayed until September 26 2009, when he and another Uzbek were transferred to Ireland. Michael Mone, one of his attorneys, said Oybek had hoped to be transferred to Ireland because he knew it had many sheep.

Oybek Jabbarov clowns for Red Cross cameras in a photo taken by the Red Cross, given to his family, and subsequently released by them to the Miami Herald

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press; three chairs were reserved for members of the press. In practice, most Tribunals went unobserved; the Tribunal only intermittently told the press that Tribunals were being held, and when they did they kept the detainee's identities secret. Only 37 of the 574 Tribunals were observed Navy photo by Photographer’s Mate 1st Class Christopher Mobley

Originally the Bush (WP) Presidency asserted that captives apprehended in the wars for capitalism and oil, known as 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. They were not offered the protections afforded by criminal law either, leaving them in a legal limbo through years of detention. Critics argued that the USA could not evade its obligations, and to keep the Geneva Conventions at arms' length, the concept of competent tribunals was invented, tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

The Department of Defense instituted the Combatant Status Review Tribunals (WP). The Tribunals, however, were not authorized to determine whether the captives were lawful combatants, again to avoid the Geneva Conventions standards -- 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, further attempting to institutionalize a standard that stood against the consensus of international law.

Critics mounted legal challenges to this policy. Justice James Robertson ruled that the United States was obliged under article 5 of the Wikipedia:third Geneva Conventionthird Geneva Convention to treat all prisoners as lawful combatants, who would be entitled to prisoner of war status, unless a "competent tribunal" had determined that they were not lawful combatants.

The policies of the tribunals themselves were also challenged by the Judicial branch. 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.

The released prisoners are arrogantly, even absurdly called "No longer enemy combatants" (WP); an attempt to make numerous issues, including illegal arrest and holding without trial, disappear in plain sight.

Summary of Evidence memo

A Summary of Evidence memo prepared for his Combatant Status Review Tribunal alleged

a. The detainee has supported the Wikipedia:Taliban and Wikipedia:al Qaida. The detainee admitted that he was a member of the Wikipedia:Islamic Movement of Uzbekistan (IMU). The IMU appears in the Wikipedia:United States Department of Homeland Security, "Wikipedia:Terrorist Organization Reference Guide." The detainee admitted to attending Wikipedia:IMU terrorist training camps. While in Wikipedia:Afghanistan, the detainee stayed in a safe house owned by the Wikipedia:Libyan Islamic Fighting Group (LIFG). The Libyan Islamic Fighting Group (L1FG) appears in the United States Department of Homeland Security, "Terrorist Organization Reference Guide." The Libyan Islamic Fighting Group, a listed terrorist organization with black market contacts, reportedly is used by al Qaida to obtain travel documents. b. The detainee participated in military operations against the United States and its coalition partners. The detainee made a conscious decision to fight with the Taliban. The detainee participated infighting between the Taliban and the Northern Alliance.

Transcript

Jamaludinovich chose to participate in his Combatant Status Review Tribunal. During the hearing, he denied all allegations.

Habeas corpus petition

Wikipedia:wikisource:Gherebi, et al. v. Bush, January 31st 2007

Jabbarow Oybek Jamolivich is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by Wikipedia:US District Court Judge Wikipedia:Reggie B. Walton on Wikipedia:January 31 Wikipedia:2007.

Military Commissions Act

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.

Boumediene v. Bush

On Wikipedia:June 12 Wikipedia: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".

Re-initiation

On 15 July 2008 Wikipedia:Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Jabbarow Oybek Jamolivich.

On Wikipedia:July 18, Wikipedia:2008 Wikipedia:Michael E. Mone Jr. filed a "Status report for petitioner Oybek Jamoldinivich Jabbarov (ISN 452)". Jamolovish had a second habeas submitted on his behalf -- Wikipedia:Civil Action No. 05-CV-2112 (RBW)

On 29 December 2008 Wikipedia:Michael E. Mone, Jr. filed an opposition to the Department of Justice's motion to stay proceedings for all the captives who had already been cleared for release. According to Mone the DoJ's position was that the petitions of men like Jamolovich, who was cleared for release on 22 February, 2007, should be addressed last, because they had already received the "relief" of being cleared for release. Mone questioned whether this clearance was meaningful, for men like Jamolovich, who had been detained for almost two years after he had been cleared for release.

Transfer to Ireland

Ireland had been discussing accepting the transfer of some Guantanamo captives for several months prior to the September 26 2009 announcement that two Uzbek captives had been transferred. Initially both men's names were withheld. On September 27 the Wikipedia:Associated Press reported that one of the men was "Oybek Jabbarov". The Associated Press reported he was 31 years old. Wikipedia:Dermot Ahern, the Irish Wikipedia:Minister of Justice, asked reporters to respect the men's privacy.

The Wikipedia:Irish Times continues to report on the integration of Jabbarov and Wikipedia:Shakhrukh Hamiduva back into society, reporting on September 30 2009 that the Irish government has prepared a "10-week series of intensive courses in civics, cookery and other subjects." After five years of residency the two men will be eligible to apply for Irish citizenship.

External links

• Jeffrey Donovan (2009-01-21). "Portrait Of A Guantanamo Bay 'Terrorist' Suspect". Wikipedia:Radio Free Europe. http://www.rferl.org/content/Portrait_Of_A_Guantanamo_Bay_Terrorist_Suspect/1372987.html. Retrieved 2009-01-21.
• Wikipedia:Oybek Jamoldinivich Jabbarov. "Letter from Oibek Jabarov to Michael Mone". Wikipedia:Radio Free Europe. http://docs.rferl.org/en-US/ONLINE/Letter_Guantanamo.pdf. Retrieved 2009-01-21.
• "Rejection letter". INS. 2008-03-08. http://docs.rferl.org/en-US/ONLINE/Rejection_Letter.pdf. Retrieved 2009-01-21.
• Wikipedia:Oybek Jamoldinivich Jabbarov (2009-05-05). "At home in Guantánamo Bay". Wikipedia:Cyprus Mail. Archived from the original on 2009-05-05. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cyprus-mail.com%2Fnews%2Fmain.php%3Fid%3D45461%26cat_id%3D1&date=2009-05-05.

• The Story of Oybek Jabbarov, An Innocent Man Freed From Guantánamo Andy Worthington
• At Christmas, Ex-Guantánamo Prisoner Is Reunited With His Family Andy Worthington
• Guantánamo’s refugees Andy Worthington