Jihad Ahmed Mustafa Diyab

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. His Guantanamo Internee Security Number is 722.

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

In February 2013 Diyab participated in a hunger strike along with over one hundred other captives -- approximately seventy percent of the remaining population. He was one of four dozen captives who was being force-fed. In June 2013

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 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:

• Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... are members of Al Qaeda."
• Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
• Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... fought for the Taliban."
• Jihad Ahmed Mujstafa Diyab was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."
• Jihad Ahmed Mujstafa Diyab was listed as one of the captives who was ab "al Qaeda operative".
• Jihad Ahmed Mujstafa Diyab 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."

Among the other allegations he faced were:

• that he had hosted Abu Musab Al Zarqawi to stay in his house;
• that he was an expert forger;
• that he was a member of Asbat Al Ansar;
• that he had wanted to attend the Khalden training camp, but attended the Khandahar airport camp instead;
• some senior al Qaida members resented his assumption that he could attend an al Qaida camp without being vetted;
• some senior al Qaida members were suspicious of him because of his ties to takfiris;

Habeas corpus petition

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

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.

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".

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

Main article: Civil Action No. 05-cv-1457

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. Diyab's assessment was drafted on April 21, 2008 and was twelve pages long. It was signed by Mark H. Buzby, who recommended continued detention.

2009 Guantanamo Joint Task Force

When he took office President directed that captives' status should be reviewed by a new Guantanamo Joint Task Force, that would include officials from various agencies. He was cleared for release in 2009.