Deleted:Ahmed al-Darbi

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Ahmed Muhammed Haza al-Darbi
Born January 9, 1975 (1975-01-09) (age 49)
Ta'if, Saudi Arabia

Ahmed Muhammed Haza al-Darbi (Template:Language with name and transliteration‎) is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] He is one of the five percent of the Guantanamo captives to face charges before Guantanamo military commission.[2][3] He was first charged in 2007 before a military commission as authorized by the Military Commissions Act of 2006. Those charges were stayed, but he was charged again on August 29, 2012, before a military commission as authorized by the Military Commissions Act of 2009. The 2009 Act is claimed to approach more closely the generally accepted rules of evidence seen in a fair trial.

Background

Al-Darbi arrived at Guantanamo on March 23, 2003, and has been held at Guantanamo for Template:For year month day.[4][5] He was born on January 9, 1975, in Ta'if, Saudi Arabia.[1]

He is the brother-in-law of Khalid al-Mihdhar, one of the [[[9-11 hijackers]].[6] Al-Darbi was captured in Azerbaijan and was renditioned into Afghanistan.[7] There he was held in the Bagram Collection Point, while it was still under control of Alpha Company of the 519th Military Intelligence Battalion who routinely beat their captives, resulting in the deaths of two prisoners on December 4, 2001 and December 10, 2001. Al-Darbi identified Damien M. Corsetti, a soldier nicknamed "the King of Torture" by his fellow GIs, as one of his abusers.[8]

Corsetti's lawyer asserts that al-Darbi's claims of abuse are not credible.[citation needed] Corsetti's lawyers claim al Darbi repeats the meme al Qaeda training manuals instruct captives to lie about abuse, and asserts that Al Darbi is following those instructions.[citation needed]

Al-Darbi was not allowed to testify at Corsetti's court martial.[9]

On December 21, 2007 charges against Ahmed Muhammed Haza al-Darbi were referred to the convening authority for the Office of Military Commissions.[10][11][12]

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.[13] 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.[13]

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[14]:

  • Ahmed Mohammed Ahmed Haza al Darbi was listed as one of the captives who had faced charges before a military commission.[14]
  • Ahmed Mohammed Ahmed Haza al Darbi was listed as one of the captives who "The military alleges ... are associated with both Al Qaeda and the Taliban."[14]
  • Ahmed Mohammed Ahmed Haza al Darbi was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[14]
  • Ahmed Mohammed Ahmed Haza al Darbi was listed as one of the captives who was ab "al Qaeda operative".[14]
  • Ahmed Mohammed Ahmed Haza al Darbi was listed as one of the captives "who have been charged before military commissions and are alleged Al Qaeda operatives."[14]
  • Ahmed Mohammed Ahmed Haza al Darbi 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."[14]

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.[15][16][17] [18]

2007 and 2012 charges before Guantanamo military commissions

There have been multiple different versions of the Guantanamo military commissions. The first military commissions were convened under the under President George W. Bush's authority. In the original version, the [[Presiding Officer was allowed to vote with the other commission members, and there was no separate jury. In 2006 the [[Supreme Court struck down those commissions, in Hamdan v. Bush, ruling that an American President lacked the requisite constitutional authority. Al-Darbi was not one of the ten captives charged before those commissions.

Later in 2006 the United States Congress passed the Military Commissions Act of 2006. Legal critics

2007 charges

On December 21, 2007 charges against Ahmed Muhammed Haza al-Darbi were referred to Susan Crawford, who approved them to continue to trial.[10][11][12]

"Conspiring with others, to attack civilians, to murder in violation of the law of war, to destroy property in violation of the law of war, to hazard a vessel and to commit terrorism, and Providing Material Support to Terrorism."[12]
  • He had trained at the Jihad Wahl training camp;
  • He transferred funds to finance the plot to attack shipping;
  • He purchased a vessel, registered in Sao Tome, to use in the attacks.

In April 2008 he announced that he refused to participate in the tribunal as he believed it lacked legitimacy, and dismissed his military lawyer Brian Broyles who called the refusal a "reasonable decision".[7]

According to the Associated Press, at a hearing in December 2008 he had "held up a photo of President Barack Obama as a sign of hope."[19] According to the Associated Press, a note he wrote to his lawyer about Obama said he could: ""earn back the legitimacy the United States has lost in the eyes of the world,"

Carol Rosenberg, writing in the Miami Herald, reported that Commission President James Pohl scheduled a hearing for May 27, 2009, to rule on how much of the evidence against Al Darbi was coerced through torture.[20]

At a hearing on September 23, 2009 his Presiding Officer of his military commission agreed to a further sixty day delay.[19] His lawyer Ramzi Kassem told reporters after the hearing that Al Darbi had written a brief note, addressed to President Obama, that he had hoped to read aloud at the hearing. Kassem read the note aloud to reporters. The Associated Press quoted passages from the note.

References

  1. 1.0 1.1 OARDEC (2006-05-15). "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. Archived from the original on 30 September 2007. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. Carol Rosenberg (2012-08-29). "Pentagon charges Saudi at Guantánamo with aiding terror in al-Qaida case". Miami Herald. Archived from the original on 2012-08-29. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2F2012%2F08%2F29%2F2975085%2Fpentagon-charges-saudi-at-guantanamo.html&date=2012-08-29. Retrieved 2012-08-29. 
  3. "Saudi held at Guantanamo charged with aiding terrorism, other crimes in alleged tanker plot". Washington Post. 2012-08-29. Archived from the original on 2012-08-29. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fworld%2Fmiddle_east%2Fsaudi-held-at-guantanamo-charged-with-aiding-terrorism-other-crimes-in-alleged-tanker-plot%2F2012%2F08%2F29%2F88af29be-f228-11e1-b74c-84ed55e0300b_story.html&date=2012-08-29. "Prosecutors filed war crimes charges that include aiding terrorism against Ahmed al-Darbi for allegedly training with al-Qaida and taking part in plots to attack oil tankers in the Strait of Hormuz and off the coast of Yemen, the Pentagon said in a statement." 
  4. "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21. 
  5. Margot Williams (2008-11-03). "Guantanamo Docket: Ahmed Muhammed Haza al Darbi". New York Times. http://projects.nytimes.com/guantanamo/detainees/768-ahmed-muhammed-haza-al-darbi. Retrieved 2012-08-29. 
  6. "Saudi at Guantanamo charged with aiding terrorism". Associated Press. 2012-08-29. Archived from the original on 2012-08-29. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5iBjWgyoyDVynJchaiQc3ngBC52fA%3FdocId%3Daa8628729c464335a08658b7431adffa&date=2012-08-29. "Al-Darbi's lawyer has previously said that the marriage connection was the reason that al-Darbi was detained in the first place and charged that the prisoner was abused by U.S. troops in Afghanistan. The lawyer did not immediately respond to a request for comment Wednesday." 
  7. 7.0 7.1 Andy Worthington (2008-04-20). "The US military’s shameless propaganda over Guantánamo’s 9/11 trials". Archived from the original on 2009-089-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2008%2F04%2F20%2Fthe-us-militarys-shameless-propaganda-over-guantanamos-911-trials%2F+&date=2009-09-23. 
  8. Trial under way for soldier in Afghan prisoner abuse case, Star Telegram, May 30, 2006
  9. Soldier pleads not guilty in detainee harm, Seattle Post-Intelligencer, May 28, 2006
  10. 10.0 10.1 "Guantanamo Detainee Charged". United States Department of Defense. December 21, 2007. Archived from the original on 30 December 2007. http://www.defenselink.mil/releases/release.aspx?releaseid=11583. Retrieved 2007-12-22. 
  11. 11.0 11.1 "Guantanamo Bay detainee accused in terror plot". CNN. December 21, 2007. Archived from the original on 25 December 2007. http://www.cnn.com/2007/WORLD/meast/12/21/detainee.charged/. Retrieved 2007-12-22. 
  12. 12.0 12.1 12.2 Office of Military Commissions (January 2007). "MC Form 458 Jan 2007 - Charges in United States v. Ahmed Mohammed Ahmed Haza Al Darbi" (PDF). United States Department of Defense. pp. pages 1–6. http://media.miamiherald.com/smedia/2007/12/20/18/DARBI.source.prod_affiliate.56.pdf. Retrieved 2007-12-23.  [dead link]
  13. 13.0 13.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=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." 
  14. 14.0 14.1 14.2 14.3 14.4 14.5 14.6 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institute. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16. "Al Sani said he traveled to Afghanistan shortly before September 11 and trained on a Kalashnikov. “I felt it was important in coming of age,” he said. “I went to Afghanistan for weapons training, not to fight anyone.”"  mirror
  15. 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. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=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." 
  16. "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10. 
  17. . [[]]. 2011-04-27. 
  18. "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9AG". Joint Task Force Guantanamo.  16x16px Media related to at Wikimedia Commons
  19. 19.0 19.1 Ben Fox (2009-09-23). "Guantanamo prisoner says he's lost hope in Obama". Associated Press. Archived from the original on 2009-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5id19AEj9Ng8ss6lmDs9oSLa9STYAD9ATD4T00&date=2009-09-23. 
  20. Carol Rosenberg (2009-05-10). "Judge won't delay May 27 war court session". Miami Herald. Archived from the original on 2009-05-12. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2Fnews%2Fbreaking-news%2Fstory%2F1042070.html&date=2009-05-12. 

External links

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