Tarek Ali Abdullah Ahmed Baada

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Tarek Ali Abdullah Ahmed Baada
ISN 00178, Tariq Ali Abdallah Ahmad Ba’Awadha.jpg
Tariq Ali Abdallah Ahmad Ba’Awadha wearing the orange uniform issued to non-compliant individuals
Detained at Guantanamo
ISN 178
Charge(s) no charge, held in extrajudicial detention
Status Cleared for release

Tarek Ali Abdullah Ahmed Baada is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His detainee ID number is 178. Joint Task Force Guantanamo counter-terrorism analysts estimate that Baada was born in 1976, in Shebwa, Yemen.

Baada arrived at Guantanamo on February 9, 2002, and has been held at Guantanamo for 13 years, 4 months and 27 days.[2] Baada was cleared for release by the Guantanamo Joint Task Force initiated by President Barack Obama when he first took office in January 2009.[3]

Baada has been a long term hunger striker, and, by June 2015, his weight had dropped to 75.4 pounds (34.2 kg) 56 percent of his ideal weight.[4]

Inconsistent identitification[edit]

Baada was identified inconsistently on official Department of Defense documents:

  • He was identified as Tarek Ali Abdullah Ahmed Baada on the second official list, released on May 15, 2006.[1]
  • He was identified as Tareq Ali Abdullah Ahmed Baada on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on October 13, 2004, on the Summary of Evidence memos prepared for his first two annual Administrative Review Boards, on June 21, 2005 and March 3, 2006, and on four other official lists of captives.[5][6][6][7][8][9][10][11]
  • He was identified as Tariq Ali Abdullah Ba Odah on a renewed habeas corpus petition filed on July 18, 2008.[12]
  • He was identified as Tariq Ali Abdallah Ahmad Ba’Awadha on his JTF-GTMO detainee assessment.[13]

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.[14] 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.[15][16]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[14][17]

Scholars at the Brookings Institute, lead by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[18]

  • Tareq Ali Abdullah Ahmed Baada was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[18]
  • Tareq Ali Abdullah Ahmed Baada was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[18]
  • Tareq Ali Abdullah Ahmed Baada was listed as one of the captives who "The military alleges ... were at Tora Bora."[18]
  • Tareq Ali Abdullah Ahmed Baada was listed as one of the captives who was ab "al Qaeda operative".[18]
  • Tareq Ali Abdullah Ahmed Baada 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."[18]

A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's Combatant Status Review Tribunal, on October 13, 2004.[9] A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's first annual Administrative Review Board, on June 21, 2005.[10] A Summary of Evidence memo was prepared for Tareq Ali Abdullah Ahmed Baada's second annual Administrative Review Board, on March 22, 2006.[11]

Habeas corpus petition[edit]

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.[19] 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.[20]

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".[21]

On 2008-07-16 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).[22]

On June 26, 2016, Courthouse News reported that Baada's lawyer, Omar Farah, filed requests for his rapid transfer from Guantanamo because his weight had fallen dangerously low.[4] 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.[4]

Formerly secret Joint Task Force Guantanamo assessment[edit]

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[23][24] A Joint Task Force Guantanamo detainee assessment was drafted on January 13, 2008.[13] It was ten pages long, and was signed by camp commandant Rear Admiral Mark H. Buzby. He recommended continued detention.

Guantanamo 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.[3] 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.

References[edit]

  1. ^ a b 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
  2. ^ "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 2008-11-09. 
  3. ^ a b Andy Worthington (2012-10-25). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?" (in English). 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. 
  4. ^ a b c Adam Klasfield (2015-06-26). "Release Sought for 75-Lb. Gitmo Hunger-Striker". Courthouse News. Archived from the original on 2015-06-26. 
  5. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  6. ^ a b OARDEC (July 17 2007). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-12-03. Retrieved 2007-09-29.  Check date values in: |date= (help)
  7. ^ OARDEC (2007-08-09). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-10-26. Retrieved 2007-09-29. 
  8. ^ OARDEC (2007-07-17). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-10-26. Retrieved 2007-09-29. 
  9. ^ a b OARDEC (2004-10-13). "Summary of Evidence for Combatant Status Review Tribunal -- Baada, Tareq Ali Abdullah Ahmed" (PDF). United States Department of Defense. pp. page 84. Archived (PDF) from the original on 2007-12-04. Retrieved 2007-12-05. 
  10. ^ a b OARDEC (2005-06-21). "Unclassified Summary of Evidence for Administrative Review Board in the case of Baada, Tareq Ali Abdullah Ahmed" (PDF). United States Department of Defense. pp. pages 6–8. Archived (PDF) from the original on 2007-12-03. Retrieved 2007-12-05. 
  11. ^ a b OARDEC (2006-03-22). "Unclassified Summary of Evidence for Administrative Review Board in the case of Baada, Tareq Ali Abdullah Ahmed" (PDF). United States Department of Defense. pp. pages 59–61. Archived (PDF) from the original on 2007-12-04. Retrieved 2007-12-05. 
  12. ^ Julia C. Symon (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 142 -- STATUS REPORT" (PDF). United States Department of Justice. Retrieved 2008-08-16. 
  13. ^ a b "Tareq Ali Abdullah Ahmed Baada: Guantanamo Bay detainee file on Tareq Ali Abdullah Ahmed Baada, US9YM-000178DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Retrieved 2015-06-26. 
  14. ^ 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. 
  15. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  16. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  17. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.  mirror
  18. ^ a b c d e f Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institute. Retrieved 2010-02-16.  mirror
  19. ^ OARDEC (2007-08-08). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. Retrieved 2007-09-29. 
  20. ^ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. Retrieved 2008-09-30.  mirror
  21. ^ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. Retrieved 2008-10-24.  mirror
  22. ^ Julia Symon (2008-07-16). "Guantanamo Bay Detainee Litigation: Doc 66 -- UNOPPOSED MOTION FOR EXPEDITED ENTRY OF PROTECTIVE ORDER" (PDF). United States Department of Justice. Retrieved 2008-11-12.  mirror
  23. ^ 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. 
  24. ^ "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. Retrieved 2012-07-10. 

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