Ahmed Belbacha

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Ahmed Bin Saleh Belbacha
Born 1969
Algiers, Algeria

Ahmed Bin Saleh Belbacha is a citizen of Algeria currently held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His lawyers assert that they can document he was working in a hotel in London at the time the allegations used to justify his continued detention placed him supporting terrorism, in Afghanistan. In 2009, when Belbacha filed a request that he not be returned to Algeria, because he feared persecution, an Algerian court convicted him, in absentia, and gave him a 20 year sentence.[2]

Background

The Department of Defense reports that he was born on November 13, 1969, in Algiers, Algeria. Belbacha sought asylum in the UK, where he worked at a hotel. In the autumn of 2001, he went to Pakistan for a monthlong vacation. He was seized by villagers in Peshawar who sold him for a bounty offered by the U.S. military and was sent to Guantanamo Bay Prison. In 2007, a panel of military officers determined that he posed no threat to the United States or its allies and cleared Belbacha for release. However, he remains at Guantanamo, unable to return to his homeland from which he fled Islamic militants.

As of February 28, 2012, Belbacha has been held at Guantanamo for more than 10 years.[3]

Detention in Afghnistan

Belbacha alleges that he was: "severely beaten by US soldiers, sometimes whilst blindfolded … subjected to sleep deprivation, sexual humiliation and abuse, sensory deprivation, temperature extremes, dietary manipulation and the use of stress positions". in Afghanistan before being sent to Guantanamo.[4]

Habeas corpus petition

A writ of habeas corpus was filed on Ahmed Belbacha's behalf. In 2007 the United States Supreme Court declined to take up consideration of Belbacha`s habeas petition, after the Military Commissions Act of 2006 cut off Guantanamo captives` access to the US civilian justice system.[5] But the Supreme Court did rule all captives, including Belbacha, were entitled to access the civilian justice system for consideration of their habeas petitions in Boumediene v. Bush on June 20, 2008.

Delayed repatriation

In July 2007 US District Court Judge Rosemary Collyer turned down an "emergency motion" to repatriate Belbacha to Algeria.[6] Zachary Katznelson Belbacha's lawyer, asserted that the USA could not trust any assurances from the Algerian government that they would not subject him to cruel or inhumane treatment.

Katznelson stated that Belbacha was unjustly accused.[6]

On April 5, 2010, another emergency order requesting a stay of repatriation was filed.[7][8]

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. Melissa J. Durkee (2011). "Beyond the Guantanamo bind: Pragmatic multilateralism in refugee resettlement". Columbia Human Rights Law Review. pp. 702, 705, 710, 713, 727, 734. http://www3.law.columbia.edu/hrlr/hrlr_journal/42.3/Durkee.pdf. Retrieved 2012-07-05. "Ahmed’s fears about Algeria were confirmed by an alarming “conviction” delivered in absentia by an Algerian court in November 2009. In a disgraceful show trial, where no lawyer was appointed to defend Ahmed, the court sentenced him to 20 years in prison for belonging to an “overseas terrorist group.” Despite repeated requests and extensive investigation, Reprieve’s lawyers have been unable to discover what exactly Ahmed is supposed to have done. No evidence has been produced to support his “conviction,” which appears to be retaliation against Ahmed for speaking out about the inhumane treatment he would be subjected to if sent to Algeria."  mirror
  3. "Ahmed Bin Saleh Bel Bacha - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/290-ahmed-bin-saleh-bel-bacha. 
  4. Norton-Taylor, Richard; Cobain, Ian (2010-12-15). "Lawyers ask government to help former UK resident held at Guantánamo". The Guardian (London). http://www.guardian.co.uk/world/2010/dec/15/ahmed-belbacha-guantanamo-bay. 
  5. Colleen Costello (2009). "Challenging the Practice of Transfer to Torture in U.S. Courts". Northeastern University Law Journal. pp. 166, 226. http://nulj.org/journal/NULJ_v1n1_Costello.pdf. Retrieved 2012-07-05. "Not all transfer challenges have been successful, however. Prior to the Boumediene decision, the Supreme Court rejected a request for injunction against transfer in Belbacha v. Bush, No. 07A98 (U.S. Aug. 10, 2007) (order denying application for injunction)."  mirror[]
  6. 6.0 6.1 "Guantanamo detainee fights transfer to native Algeria, citing torture fears". PR inside. July 28, 2007. Archived from the original on 2007-09-26. http://web.archive.org/web/20070926220118/http://www.pr-inside.com/guantanamo-detainee-fights-transfer-to-r187242.htm. Retrieved 2007-07-29. 
  7. David H. Remes (2010-04-05). "EMERGENCY MOTION FOR ADMINISTRATIVE STAY PENDING RESOLUTION OF PETITIONER’S EMERGENCY MOTION OF MARCH 7, 2010 ON THE MERITS". United States Department of Justice. Archived from the original on 7 April 2010. http://www.scotusblog.com/wp-content/uploads/2010/04/Belbacha-stay-motion-4-5-10.pdf. Retrieved 2010-04-06. 
  8. Steve Dotterer (2010-04-05). "Algeria national seeks emergency stay of transfer from Guantanamo". The Jurist. Archived from the original on 7 April 2010. http://jurist.law.pitt.edu/paperchase/2010/04/algeria-national-seeks-emergency-stay.php. Retrieved 2010-04-06. 

External links

  1. (in English). 
  2. (in English). 
  3. (in English). 
  4. Mike Gapes (2009). "Human rights annual report 2008: seventh report of session 2008-09, report, together with formal minutes, oral and written evidence". UK Stationery Office. pp. 73-74. ISBN 9780215540836. http://books.google.ca/books?id=i7yk1-B00JoC&pg=RA1-PA74&dq=%22ahmed+belbacha%22+Guantanamo&hl=en&sa=X&ei=ikXmUYuCMMXd4AO2m4GoCg&ved=0CDAQ6AEwAA#v=onepage&q=%22ahmed%20belbacha%22%20Guantanamo&f=false. Retrieved 2013-07-17. "AI is also concerned at the GOvernment's continued refusal to consider acting on behalf of Ahmed Belbacha, who also lived in the UK, but was excluded from the UK's request for release because it believes he was present in the UK illegally. Mr Belbacha would face a serious risk of torture or other ill-treatment if returned to his native Algeria. In the interests of assisting the USA to close Guantanamo and given his links with the UK, it would seem to make sense for the Government to allow Mr Belbacha to return." 
  5. Amber Marks (2011). "Headspace: Sniffer Dogs, Spy Bees and One Woman's Adventures in the Surveillance Society". Random House. ISBN 9781448131044. http://books.google.ca/books?id=0eTbdIp7f4kC&pg=PT101&dq=%22ahmed+belbacha%22+Guantanamo&hl=en&sa=X&ei=ikXmUYuCMMXd4AO2m4GoCg&ved=0CEEQ6AEwAw. Retrieved 2013-07-17. "Ahmed Belbacha fears that he will be tortured or killed if the United States goes ahead with plans to return him to his native Algeria." 
  6. Carol Rosenberg (2014-03-14). "U.S. repatriates once-resistant Guantánamo detainee to Algeria". Miami Herald. Archived from the original on 2014-03-14. https://web.archive.org/web/20140314004112/http://www.miamiherald.com/2014/03/13/3992113/us-repatriates-once-resistant.html. Retrieved 2014-03-17. "The U.S. sent home to Algeria on Thursday a long-held Guantánamo captive who was cleared for return years ago but for a time sought resettlement elsewhere rather than repatriation to his civil-war stricken homeland." 
  7. "Twenty-four force-fed captives". Miami Herald. 2013-07-17. Archived from the original on 2014-01-29. https://web.archive.org/web/20140129021657/http://www.miamiherald.com/2013/07/17/3375662/captives-being-force-fed.html. Retrieved 2014-03-17. "Ahmed Belbacha, 44, an Algerian man whom the Obama administration disclosed last year has been cleared for release. He has never been charged with a crime at Guantánamo's war court." 
  8. "Guantanamo detainee describes 'ordeal' of force feeding". BBC News. 2013-06-19. Archived from the original on 2014-03-18. https://web.archive.org/web/20140318015632/http://www.bbc.com/news/22973263. Retrieved 2014-03-17. "A prisoner currently on hunger strike in Guantanamo Bay has described the pain and discomfort of the force feeding regime at the jail." 
  9. Ahmed Belbacha at Reprieve
  10. Ahmed Belbacha - Case history at Reprieve
  11. Six detainees would rather stay at Guantanamo Bay than be returned to Algeria Washington Post July 10, 2010
  12. Urgent appeal for the UK to offer refuge to Ahmed Belbacha, an Algerian in Guantánamo Andy Worthington April 21, 2010
  13. Take Action for Ahmed Belbacha, at Risk of Enforced Repatriation from Guantánamo to Algeria Andy Worthington August 3, 2010
  14. Cameron urged to help Guantanamo detainee Belbacha August 19, 2010