Deleted:Ghaleb Nassar Al Bihani
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Ghaleb Nassar Al Bihani is a citizen of Yemen currently held in the United States Guantanamo Bay detainment camps, in Cuba.[1] The Department of Defence estimate that he was born in 1980, in Tabokh, Saudi Arabia.
Multiple media outlets reported that al Bihani had simply been a cook for the Taliban's 55th Arab Brigade.[2][3][4][5][6]
Al Bihani's habeas corpus petition was the first one to be ruled on by a higher court.[7]
As of August 17, 2011, Ghaleb Nassar Al Bihani has been confined at Guantanamo camps for nine years seven months.[8]
Contents
Writ of habeas corpus
Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before US District Court Judge Richard J. Leon.[3][4][5][6][9][10][11] On January 29, 2009 Leon ruled that his CSR Tribunal had appropriated classified Al Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."
Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals.[2] According to Charlick those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.”
A panel of three judges, Janice Rogers Brown, Brett Kavanaugh and Stephen F. Williams convened on October 2, 2009 to hear Ghaleb's appeal.[2] Although the judges expressed some skeptical comments they did not release a ruling.
The October 2, 2009 hearing was open to the public.[2] According to the Blog of Legal Times Charlick had wanted to attend the September 15, 2009 hearing of the appeal of Leon's ruling on Bensayah Belkacem, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence.[12] Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb.
The appeal panel made its ruling on January 5, 2010.[13][14] John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found: "...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war." According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra University characterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”. CNN reported that the ruling would apply to all other captives.[7][15][16]
Reports his brother was killed fighting in Somalia
The Long War Journal reported that a martyrship video from Abu 'Asim al Tabuki Mansour Nasser al Bihani was published in November 2011.[17] It reported that this individual had fought in Chechnya, lived in Afghanistan, until the fall of the Taliban, had been captured in Saudi Arabia, transferred to Yemen, where he escaped from Prison, and finally travelled to Somalia, where he died fighting for jihadists. It reported he had two brothers in Guantanamo.
See also
- Tolfiq Nassar Ahmed Al Bihani his brother
References
- ↑ 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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- ↑ 2.0 2.1 2.2 2.3 "D.C. Circuit Keeps Courtroom Open for Guantanamo Bay Case". Blog of Legal Times. 2009-10-02. Archived from the original on 2009-10-02. http://www.webcitation.org/query?url=http%3A%2F%2Flegaltimes.typepad.com%2Fblt%2F2009%2F10%2Fdc-circuit-keeps-courtroom-open-for-guantanamo-bay-case.htmla&date=2009-10-02.
- ↑ 3.0 3.1 Andy Worthington (2009-01-29). "How Cooking For The Taliban Gets You Life In Guantánamo". Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2009%2F01%2F29%2Fhow-cooking-for-the-taliban-gets-you-life-in-guantanamo%2F+&date=2010-01-06.
- ↑ 4.0 4.1 "Judge OKs Holding Taliban Cook At Gitmo". CBS News. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2009%2F01%2F28%2Fworld%2Fmain4760407.shtml&date=2010-01-06.
- ↑ 5.0 5.1 "Judge won't free Taliban cook held at Gitmo". MSNBC. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.msnbc.msn.com%2Fid%2F28897104%2Fns%2Fworld_news-terrorism%2F&date=2010-01-06.
- ↑ 6.0 6.1 "Holding cook at Guantanamo OK'd". Boston Globe. 2009-01-28. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.boston.com%2Fnews%2Fnation%2Fwashington%2Farticles%2F2009%2F01%2F29%2Fholding_cook_at_guantanamo_okd%2F&date=2010-01-06.
- ↑ 7.0 7.1 David G. Savage (2010-01-06). "Court upholds U.S. right to hold Guantanamo prisoners". Los Angeles Times. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.latimes.com%2Fnews%2Fnation-and-world%2Fla-na-gitmo-court6-2010jan06%2C0%2C1937492.story&date=2010-01-06.
- ↑ "Ghaleb Nassar al Bihani - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/128-ghaleb-nassar-al-bihani.
- ↑ Nedra Pickler (2009-01-28). "Judge OKs holding Taliban cook at Guantanamo". Associated Press. http://www.google.com/hostednews/ap/article/ALeqM5jlzEUb-G-aKBEAhEzC5qg7YSdQmQD9609E6O0. Retrieved 2009-01-28. mirror
- ↑ "US judge approves holding Taliban cook at Guantanamo". Associated Press. 2009-01-28. http://www.google.com/hostednews/afp/article/ALeqM5jOdCDoePl7u2bTU03_gSbAoHNy3A. Retrieved 2009-01-28. "mirror"
- ↑ Del Quentin Wilber (2009-01-28). "Judge Rules U.S. May Continue to Hold Detainee at Guantanamo". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/01/28/AR2009012802010.html?hpid=moreheadlines. Retrieved 2009-01-28.
- ↑ "D.C. Circuit Orders Guantanamo Hearing Closed to Public". Blog of Legal Times. 2009-09-15. Archived from the original on 2009-10-02. http://www.webcitation.org/query?url=http%3A%2F%2Flegaltimes.typepad.com%2Fblt%2F2009%2F09%2Fdc-circuit-orders-guantanamo-hearing-closed-to-public.html&date=2009-10-02.
- ↑ John Schwartz (2010-01-06). "Court Backs War Powers Over Rights of Detainees". New York Times. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2010%2F01%2F06%2Fus%2F06detain.html%3Fpagewanted%3Dprint&date=2010-01-06.
- ↑ "Ghaled Nassar Al-Bihani v. Barack Obama -- Civil Action No 09-5051". United States Department of Justice. 2010-01-05. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fpacer.cadc.uscourts.gov%2Fcommon%2Fopinions%2F201001%2F09-5051-1223587.pdf&date=2010-01-06.
- ↑ Bill Mears (2010-01-06). "Federal court limits rights of Guantanamo detainees". CNN. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cnn.com%2F2010%2FCRIME%2F01%2F06%2Fus.guantanamo.rights%2F&date=2010-01-06.
- ↑ Jeremy Pelofsky (2010-01-06). "Yemeni loses appeal for release from Guantanamo". Reuters. Archived from the original on 2010-01-06. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.reuters.com%2Farticle%2FidUSTRE6044IR20100105&date=2010-01-06.
- ↑ Bill Roggio (2011-12-10). "Jihadist releases bio of Yemeni al Qaeda operative killed in Somalia". Long War Journal. http://www.longwarjournal.org/archives/2011/12/yemeni_al_qaeda_oper_1.php. Retrieved 2011-12-14. "The statement announcing the death of Abu 'Asim al Tabuki Mansour Nasser al Bihani was written by Abu Ibrahim al Muhajir and released on Shumukh al Islam, a jihadist forum closely linked to al Qaeda, on Nov. 26."
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
- Nine Years After 9/11, US Court Concedes that International Laws of War Restrict President’s Wartime Powers Andy Worthington, September 8, 2010
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