No longer enemy combatant

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No Longer Enemy Combatant (NLEC) is a term used by the U.S. military for a group of 38 Guantanamo detainees whose Combatant Status Review Tribunal (CSRT) determined they were not "enemy combatants".[1] None of them were released right away. Ten of them were allowed to move to the more comfortable Camp Iguana.[citation needed] Others, such as Sami Al Laithi, remained in solitary confinement.

Thirty-eight detainees were finally classified as NLECs.[2] The fifth Denbeaux report, "No-hearing hearings", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.[3]

The Washington Post has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants.[2]

The delay in the release of some of the detainees was said to be due to considerations of their safety. Some could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or from the governments of their countries. Some, like Al Laithi, were returned to their home countries after the US secured a promise that they would not be punished by their home countries. Others, like five of the Uyghur detainees in Guantanamo, were released when the US found a third country which would accept them.[4][5]

Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.[6][7][8]

Multiple CSRTs[edit]

The fifth Denbeaux study, entitled "No-hearing hearings", revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first tribunal determined that they had not been enemy combatants after all.[9]

H. Candace Gorman, the pro bono lawyer for Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi, expressed surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.[10] Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their clients' classified files. She was told that the justification for convening her client's second tribunal had been that the DoD had new evidence. However, when she reviewed the transcript of his second tribunal she found that there had been no new evidence.

Lieutenant Colonel Stephen Abraham came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's tribunal. It was critical of the process, including the pressure exerted to find against the detainee.[11][12][13][14][15]

NLEC captives[edit]

On 19 November 2007, the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004.[16]

NLEC captives
ISN Name Notes
142 Fazaldad Returned to Pakistan on 17 September 2004[17]
208 Maroof Saleemovich Salehove Date of release to Tajikistan unknown
248 Saleh Abdall Al Oshan Repatriated to Saudi custody on 20 July 2005[18][19]
260 Ahmed Adil Sent to Albania with four other Uyghurs
276 Akhdar Qasem Basit Sent to Albania with four other Uyghurs
279 Mohammed Ayub Sent to Albania with four other Uyghurs
283 Abu Bakr Qasim Sent to Albania with four other Uyghurs
287 Sami Abdul Aziz Salim Allaithy Repatriated to Egypt, after assurances
293 Adel Abdulhehim Sent to Albania with four other Uyghurs
298 Salih Uyar Released to Turkey on 18 April 2005[17]
357 Abdul Rahman Date of return to Afghanistan unknown.
457 Mohammad Gul Returned to Afghanistan on 18 April 2005[17]
459 Gul Zaman Returned to Afghanistan on 18 April 2005[17]
491 Sadik Ahmad Turkistani Uyghur born in Saudi Arabia, repatriated to Saudi Arabia
561 Abdul Rahim Muslimdost Released to Pakistan, disappeared mysteriously
581 Shed Abdur Rahman Date of release to Pakistan unknown
586 Karam Khamis Sayd Khamsan Date of release to Pakistan unknown; charged with attempting to assassinate US ambassador to Yemen in December 2005;[20][21] acquitted on 13 March 2006[22][23]
589 Khalid Mahomoud Abdul Wahab Al Asmr Returned to Jordan on 19 July 2005[17]
631 Padsha Wazir Returned to Afghanistan on 18 April 2005[17]
649 Mustaq Ali Patel Returned to France on 7 March 2005[17]
672 Zakirjan Asam Set free on 17 November 2006[17]
712 Hammad Ali Amno Gadallah Returned to Sudan on 19 July 2005[17]
716 Allah Muhammed Saleem Released to Albania on 7 January 2007, where he applied for asylum[24]
718 Fethi Boucetta Released to Albania rather than his home of Algeria
730 Ibrahim Fauzee Citizen of the Maldives, release date unknown
812 Qalandar Shah Returned to Afghanistan on 18 April 2005[17]
834 Shahwali Zair Mohammed Shaheen Naqeebyllah Returned to Afghanistan on 18 April 2005[17]
835 Rasool Shahwali Zair Mohammed Mohammed Returned to Afghanistan on 18 April 2005[17]
929 Abdul Qudus Youngest person ever detained at Guantanamo only 14 years old when he arrived in Guantanamo early 2002, he returned to Afghanistan on 18 April 2005[17]
952 Shahzada Returned to Afghanistan on 18 April 2005[17]
953 Hammdidullah Returned to Afghanistan on 18 April 2005[17]
958 Mohammad Nasim Returned to Afghanistan on 18 April 2005[17]
986 Kako Kandahari Returned to Afghanistan on 18 April 2005[17]
1013 Feda Ahmed Returned to Afghanistan on 18 April 2005[17]
1019 Nasibullah Returned to Afghanistan on 18 April 2005[17]
1041 Habib Noor Returned to Afghanistan on 18 April 2005[17]
1117 Jalil Returned to Afghanistan on 11 March 2005[17]
1157 Hukumra Khan Returned to Afghanistan on 18 April 2005[17]

On 17 January 2009, Carol Rosenberg, writing in the Miami Herald, quoted Guantanamo spokesman Jeffrey Gordon, that a panel of officers had recently reviewed Bismullah's "enemy combatant" status, and determined, "based on new evidence", that he was not an enemy combatant after all.[25] Bismullah was released to Afghanistan on 17 January.

See also[edit]

References[edit]

  1. ^ Kathleen T. Rhem (30 March 2005). "38 Guantanamo Detainees to Be Freed After Tribunals". American Forces Press Service. Retrieved 1 September 2007.
  2. ^ a b "Guantanamo Bay Detainees Classified as "No Longer Enemy Combatants"". Washington Post. Archived from the original on 4 February 2007. Retrieved 26 March 2008.
  3. ^ Mark Denbeaux et al., No-hearing hearings Archived 2008-08-02 at the Wayback Machine, 17 November 2006
  4. ^ Albania takes Guantanamo Uighurs, BBC, 6 May 2006
  5. ^ Freed from Guantanamo, 5 face danger in Albania, Boston Globe, 18 May 2006
  6. ^ U.S. Releases Three Men From Terror Camp In Guantanamo Archived 2007-09-29 at the Wayback Machine, All Headline News, 17 November 2006
  7. ^ Albania Agrees To Resettle Three Detainees from Guantanamo Archived 2008-04-09 at the Wayback Machine, US State Department, 20 November 2006
  8. ^ Pentagon sends Guantánamo captives to Albania[permanent dead link], Miami Herald, 17 November 2006
  9. ^ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings" (PDF). Seton Hall University School of Law. p. 17. Archived from the original (PDF) on 2 August 2008. Retrieved 2 April 2007.{{cite web}}: CS1 maint: multiple names: authors list (link)
  10. ^ Secrets of the War Criminals, Huffington Post, 12 December 2006
  11. ^ "Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings". CBS. 23 June 2007. Archived from the original on 24 May 2011. Retrieved 23 June 2007.
  12. ^ "Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007" (PDF). United States Supreme Court. 14 June 2007. Retrieved 25 June 2007.
  13. ^ Mike Rosen-Molina (22 June 2007). "Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings". The Jurist. Archived from the original on 8 February 2008. Retrieved 25 June 2007.
  14. ^ Leonnig, Carol D.; white, Josh (23 June 2007). "An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings". Washington Post. Retrieved 24 June 2007.
  15. ^ Andy Worthington (8 August 2007). "Guantánamo: Will More Whistleblowers Step Forward, Please?". Huffington Post. Retrieved 9 August 2007.
  16. ^ "Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo" (PDF). United States Department of Defense. 19 November 2007. Archived from the original (PDF) on 15 December 2018. Retrieved 1 March 2008.
  17. ^ a b c d e f g h i j k l m n o p q r s t u v OARDEC (9 October 2008). "Consolidate chronological listing of GTMO detainees released, transferred or deceased" (PDF). Department of Defense. Archived from the original (PDF) on 20 December 2008. Retrieved 28 December 2008.
  18. ^ Anant Raut, Jill M. Friedman (19 March 2007). "The Saudi Repatriates Report" (PDF). Archived from the original (PDF) on 1 October 2011. Retrieved 21 April 2007.
  19. ^ Saudi Arabia: Guantanamo Detainees Return to Legal Limbo, Reuters, 26 May 2006
  20. ^ "Panel Court Postpones Case of Guantanamo detainee". Yemen Observer. 30 December 2005. Retrieved 12 March 2006.[dead link]
  21. ^ "U.S. Ambassador's attackers stand trial". Yemen Times. 15 December 2005. Archived from the original on 29 September 2007. Retrieved 12 March 2006.
  22. ^ "Security & Terrorism". United Press International. 18 March 2006. Retrieved 19 March 2006.
  23. ^ "Court acquits Ex-Guantanamo Detainee". Yemen Observer. 14 March 2006. Archived from the original on 23 March 2006. Retrieved 19 March 2006.
  24. ^ Essam Fadl (6 January 2007). "Egypt: Human Rights Activist Identifies 2 Former Egyptian Guantanamo Detainees". Asharq Alawsat. Archived from the original on 27 September 2007. Retrieved 7 January 2007.
  25. ^ Carol Rosenberg (17 January 2009). "Six more detainees freed from Guantánamo". Miami Herald. Archived from the original on 18 January 2009. Retrieved 18 January 2009.
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