Abdul Al Salam Al Hilal

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Abdul Al Salam Al Hilal
Born (1968-01-30) January 30, 1968 (age 49)
Detained at Guantanamo
Alternate name Al Hela, Abdulsalam
ISN 1463
Status Still held in Guantanamo

Abdul Al Salam Al Hilal is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1]

The Department of Defense lists his place of birth as unknown and his date of birth as January 30, 1968.

As of today Abdul al Salam al Hilal has been confined at the Guantanamo camps for 12 years, 7 months and 5 days. He arrived there on September 20, 2004.[2][3][4]

CIA detention[edit]

Al-Hila was captured, in Cairo, on September 19, 2002, while on a business trip.[5] John Sifton, of Human Rights Watch, says that Al-Hila disappeared, for eighteen months, before surfacing in American detention in the US naval base in Guantanamo Bay, Cuba.[6] According to medical records published on March 16, 2007, his "in process date" at Guantanamo was September 20, 2004.[7]

Since his arrival in Guantanamo Bay he is one of the approximately 200 detainees who has had a writ of habeas corpus filed on his behalf. In recently declassified discussions with his lawyer Al-Hila says that after his capture he was sent to Baku Azerbaijan for two months, and then spent 16 months in secret bases in Afghanistan, including "the dark prison".[8]

Official status reviews[edit]

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.[9] 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[edit]

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[10][11]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[9][12]

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:[13]

  • Abdul Al-Salam Al Hilal was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[13]
  • Abdul Al-Salam Al Hilal was listed as one of the captives who was an "al Qaeda operative".[13]

Habeas corpus petition[edit]

Abdulsalam Ali Abdulrahman Al Hela v. George W. Bush had a writ of habeas corpus filed on his behalf.[14][15]

Joint Review Task Force[edit]

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.[16][17][18][19] That new review system was 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.[20] Abdul Al Salam Al Hilal was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama said those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board.

Periodic Review Board[edit]

The first review wasn't convened until November 20, 2013.[21] Hilal was denied approval for transfer on June 22, 2016.[22]

Hunger strike[edit]

Al Hila is reported to be participating in a hunger strike that has led to a deterioration in his health.[23]

Children's death[edit]

On April 23, 2009, Yemeni newspapers reported two of the four children of Guantanamo captive "Abdul-Salam al-Hilam" were killed, in his home, by the explosion of a hand grenade.[25][26][27] The two boys were reported to be nine and eleven years old, and ten and eleven years old. They were reported to have died when playing with the grenade.

In 2008 camp authorities started to allow compliant captives to make an annual phone call home. The Yemen Post reports that Al Hila's sons died just two days after his call.[27]

Assassination fears[edit]

On August 1, 2009 the Saba News reported that in a phone call after his son's death he told his family that he fears he will be assassinated in Guantanamo.[28] He told his family not to believe accounts that he committed suicide if he should die in Guantanamo.

On May 17, 2010, Saba News reported Abdul's family had recently received a letter where he wrote he believed camp authorities had a new plan to assassinate him.[29]

See also[edit]

References[edit]

  1. ^ OARDEC (2006-05-15). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived (PDF) from the original on 30 September 2007. Retrieved 2007-09-29. 
  2. ^ JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba". Department of Defense. Archived from the original on 25 January 2009. Retrieved 2008-12-22.  mirror
  3. ^ "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)" (PDF). Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original (PDF) on 2009-12-21. 
  4. ^ "Guantanamo Docket: Abdul al Salam al Hilal". New York Times. November 2008. Retrieved 2010-04-18. 
  5. ^ Al-Hila: Another 'ghost prisoner' rendered, Al Jazeera
  6. ^ Cairo to Kabul to Guantanamo, Human Rights Watch
  7. ^ JTF-GTMO (2006-03-16). "Heights, weights, and in-processing dates". Department of Defense. Archived from the original on 2008-12-25. Retrieved 2008-12-25. 
  8. ^ U.S. Operated Secret 'Dark Prison' in Kabul, Reuters, December 19, 2005
  9. ^ a b "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. 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. 
  10. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  11. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  12. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24. 
  13. ^ a b c Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived from the original (PDF) on 2012-06-22. Retrieved 2010-02-16. 
  14. ^ OARDEC (August 8, 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. Archived (PDF) from the original on 26 October 2007. Retrieved 2007-09-29. 
  15. ^ "Abdulsalam Ali Abdulrahman Al Hela v. George W. Bush" (PDF). United States Department of Defense. pp. 1–33. Archived (PDF) from the original on 17 November 2008. Retrieved 2008-11-19. 
  16. ^ Andy Worthington (2012-10-25). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?". Retrieved 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. 
  17. ^ Andy Worthington (June 11, 2010). "Does Obama Really Know or Care About Who Is at Guantánamo?". Archived from the original on 2010-06-16. Retrieved July 21, 2010. 
  18. ^ Peter Finn (January 22, 2010). "Justice task force recommends about 50 Guantanamo detainees be held indefinitely". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010. 
  19. ^ Peter Finn (May 29, 2010). "Most Guantanamo detainees low-level fighters, task force report says". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010. 
  20. ^ "71 Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013". Joint Review Task Force. 2013-04-09. Archived from the original on 2015-05-19. Retrieved 2015-05-18. 
  21. ^ "Periodic Review Secretariat: Review Information". Periodic Review Secretariat. Archived from the original on 2016-04-15. 
  22. ^ http://www.prs.mil/Portals/60/Documents/ISN1463/20160622_U_ISN_1463_FINAL_DETERMINATION.pdf
  23. ^ "Yemeni prisoners in Guantanamo refuse to be sent to any other country". Saba News. 2009-04-01. Archived from the original on 2009-04-01. Retrieved 2009-04-01. A number of Yemenis in Guantanamo are still under hunger strike, among of them Abdul-Salam al-Hila whose health has deteriorated.  mirror
  24. ^ Kelly McEvers. "In Yemen, Anger Toward U.S. Grows Over Detainees". NPR. Archived from the original on 4 April 2010. Retrieved 2010-04-01. "His mother died, his father died, his two sons died, and now his uncle has died," Hila's sister says. "Do they want us to all be dead before they bring him back home again? 
  25. ^ "Hand grenade kills sons of Guantanamo detainee". Sawha Net. 2009-04-23. Archived from the original on 2009-04-23. 
  26. ^ "Two children of Yemeni detainee in Gitmo killed in house blast". News Yemen. 2009-04-23. Archived from the original on 2009-04-23. 
  27. ^ a b "Yemeni Gitmo Inmate's Sons Die as House Bomb Goes off". Yemen Post. 2009-04-23. Archived from the original on 2009-04-23. 
  28. ^ "Yemeni Gitmo detainee says faced assassination plots". Saba News. 2009-08-01. Archived from the original on 2009-08-02. Retrieved 2009-08-02. 
  29. ^ "U.S. to try five Yemeni Gitmo detainees". Saba News. 2010-05-17. Archived from the original on 2010-05-17. Retrieved 2010-05-17. Meanwhile, Abdul Salam Al-Hila, another Yemeni detainee, has told his family that he faced a new assassination attempt at the U.S. Bay which the U.S. President Obama ordered to be closed as soon as possible. 

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