Mahmoud Omar Mohammed Bin Atef
|Mahmmoud Omar Mohammed Bin Atef|
|Charge(s)||Bin Atef was held in extrajudicial detention|
Mahmmoud Omar Mohammed Bin Atef is a citizen of Yemen, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 202. American intelligence analysts report that Bin Atef was born in 1980, in Mecca, Saudi Arabia.
Bin Atef arrived in Guantanamo on February 7, 2002, and was held there until January 7, 2016. Bin Atef, and fellow Yemeni captives in Guantanamo Khalid Mohammed Salih Al Dhuby, were the first two individuals to be transferred to a sub-Saharan Africa country—other than the country of their citizenship.
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. 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.
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:
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the captives who the military alleges were members of either al Qaeda or the Taliban and associated with the other group.
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the captives who "The military alleges ... fought for the Taliban."
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the captives who was a foreign fighter.
- Mahmmoud Omar Mohammed Bin Atef was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."
Historian Andy Worthington, author of The Guantanamo Files, noted that he stood accused of having trained at the al Farouq training camp, and fought the Northern Alliance on the Taliban's front lines.
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. His 11-page Joint Task Force Guantanamo assessment was drafted on December 28, 2007. It was signed by camp commandant Rear Admiral Mark H. Buzby. He recommended continued detention.
Transfer to the USA
On August 31, 2009 Corrections One, a trade journal for the prison industry, speculated that "Omar Khalifa Mohammed Abu Bakr" was one of ten captives they speculated might be moved to a maximum security prison in Standish, Michigan.
Transfer to Ghana
Spencer Ackerman, writing in The Guardian, reported that the US had been negotiating for a year with Ghana, for his release. The imminent release of seventeen individuals from Guantanamo was leaked in December 2015. Bin Atef and Khalid Muhammad Salih al-Dhuby were the first two of those seventeen to be released. Both men were freed upon arrival.
Their arrival stirred controversy. Two Ghanaians, Margaret Banful and Henry Nana Boakye filed a civil suit against senior officials who played a role in accepting the two men. They argued that former President, John Dramani Mahama was constitutionally obliged to consult with Ghana's Parliament. The case went all the way to Ghana's Supreme Court. The appellants appeal called for the diplomatic note between Mahana and US President Barack Obama to be made public. In April 2017, the Supreme Court examined the note, in Camera, since the current government claimed its contents required it to be kept secret. The Supreme Court subsequently rejected the claim its contents required secrecy.
- OARDEC. "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 2007-09-30. Retrieved 2006-05-15. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
- "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original (PDF) on 2009-12-21. Retrieved 2009-12-21.
- Margot Williams (2008-11-03). "Guantanamo Docket: Mahmmoud Omar Mohammed Bin Atef". New York Times. Retrieved 2016-01-07.
- Spencer Ackerman (2016-01-07). "US releases two Guantánamo detainees nearly six years after transfer approval". The Guardian (UK). Retrieved 2016-01-07.
The announcement of the transfer on Wednesday marks the start of a spate of releases of 17 men the administration intends to free from Guantánamo Bay in January, part of a final initiative by Barack Obama, seeking to empty the detention camp before leaving office. Yet there is deep skepticism, even within his own administration, over whether Obama can fulfill his long-frustrated pledge to close Guantánamo.
- "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.
- Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine.
- Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 24 November 2008. Retrieved 2008-11-24.
- Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institution. Archived from the original (PDF) on 2012-06-22. Retrieved 2010-02-16.
- Andy Worthington (2010-09-18). "The Remaining Prisoners In Guantanamo: Captured in Afghanistan (2001)". The Public Record. Retrieved 2016-01-07.
Bin Atef is accused of arriving in Afghanistan for jihad in June 2001, training at al-Farouq, and fighting on the Taliban front lines.
- Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "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". The Telegraph (UK). Archived from the original on 2012-07-13. Retrieved 2012-07-13.
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.
- "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. Archived from the original on 2015-06-26. Retrieved 2012-07-10.
- "Mahmoud Omar Muhammad Bin Atef: Guantanamo Bay detainee file on Mahmoud Omar Muhammad Bin Atef, US9YM-000202DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Retrieved 2016-07-09.
- Kathryn Lynch-Morin (2009-08-31). "Profile of 10 U.S.-bound Gitmo detainees". Corrections One. Archived from the original on 2009-09-01. Retrieved 2009-08-02.
- "SC delivers judgment on "Gitmo 2" case tomorrow". Business Ghana. 2017-04-25. Retrieved 2017-04-25.
Speaking through their lawyer, Nana Agyei Baffour Awuah, they (plaintiffs) maintained that the former President, John Dramani Mahama acted unconstitutionally when he entered into the agreement known in the diplomatic circles as “Note Verbales” (Verbal agreement) with the former U.S. President, Barack Obama without recourse to Parliament.
- Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010