Jihad Ahmed Mustafa Diyab

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Jihad Ahmed Mustafa Diyab
Known for The USA has held him in extrajudicial detention since late 2001.

Jihad Ahmed Mujstafa Diyab is a citizen of Lebanon held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 722.

His wife, Usra al-Hussein, was apprehended and held in extrajudicial detention in Syria in July 2008.[2] Amnesty International reports she was released on July 22 2009.[3] Amnesty suspects she was taken into custody for trying to contact human rights groups for help lobbying for Diyab's release from Guantanamo.

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.[4] 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.[4]

Among the allegations he faced were:

Habeas corpus petition

Diyab had a writ of habeas corpus filed on his behalf.[5]

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.[6]

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".[7]

On 2008-07-18 Zachary Katznelson filed a "STATUS REPORT" with regard to Jihad Dhiab, Shaker Aamer, before Gladys Kessler.[5]


References

  1. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. "Amnesty hails release of Syrian prisoner". United Press International. 2009-07-22. http://www.upi.com/Emerging_Threats/2009/07/22/Amnesty-hails-release-of-Syrian-prisoner/UPI-29221248286378/. Retrieved 2009-07-22. 
  3. "Wife of Guantánamo detainee released in Syria". Amnesty International. 2009-07-22. http://www.amnesty.org/en/news-and-updates/good-news/wife-guantanamo-detainee-released-syria-20090722. Retrieved 2009-07-22. 
  4. 4.0 4.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm. "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." 
  5. 5.0 5.1 Zachary Katznelson (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 121 -- STATUS REPORT". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/121/0.pdf. Retrieved 2008-11-17. 
  6. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  7. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror