Deleted:Jamal Abdullah Kiyemba

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Jamal Abdullah Kiyemba

Jamal Abdullah Kiyemba is a Ugandan citizen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His Guantanamo Internment Serial Number was 701. The Department of Defense reports he was born on April 22, 1979, in Bunamwaya, Uganda.

Kiyemba was sent to Guantanamo on October 28, 2002, and was transferred from the camp back to Uganda on February 7, 2006.[3][4] Ugandan authorities held him, without charge, for two months after his repatriation.[5][6][7] He has been apprehended by security officials in 2013 and 2015. Alfred Wandera, reporting in New Visions, quoted Kiyemba's children, who "revealed that the security operatives who arrested their father were in company of some “Bazungu” (Whites)."

Kiyemba's parents divorced when he was young.[5][8] He lived with his father when his mother moved to the United Kingdom.

Early Life

Named Anthony Kiyemba at birth, Kiyemba lived in Uganda with his father after his parents separated and his mother moved to the United Kingdom. Kiyemba later joined his mother at the age of 14 and became a resident of the UK in 1993 after his father died. He completed his primary education in London and went on to Leicester University where he converted from Roman Catholicism to Islam.[9] He had been granted indefinite leave to remain in the country, but did not become a British citizen.

Capture and Internment

Kiyemba claims he had gone to study Arabic and the Koran in Pakistan[10] and that he had further intentions of going to Afghanistan in order to assist fellow Muslims after the war had ended. Kiyemba eventually decided to enter Afghanistan prior to the end of the war in March 2002 but was apprehended by the Pakistani military at a border checkpoint. Kiyemba was handed over to the American military and spent six months detained by Americans in Pakistan and at the American Bagram Airbase in northern Afghanistan before being sent to Guantanamo Bay in October 2002.[11]

Kiyemba's lawyer, Clive Stafford Smith, says that Kiyemba was a participant in a hunger strike which started in July 2005 in protest at the conditions in the camp and alleged maltreatment, including alleged desecration of the Qur'an by American guards. The hunger strike ended on July 28, 2005 after promises were made to address the detainees' concerns. Many detainees resumed the hunger strike on August 8, 2005, believing the camp authorities had not lived up to their promises.

Sam Kutesa, the Ugandan Minister of Foreign Affairs, was quoted on December 12, 2005 about his government's responsibility to intervene on Kiyemba's behalf.[12] He said: "I understand that Britain gave up on him. I am yet to look at the papers. We have to intervene, but this depends on the documents."

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[13][14] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[15]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the War on Terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

Kiyemba chose to participate in his Combatant Status Review Tribunal.[2]

Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[16]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW Xstatus, and they were not authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat – or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

The factors for and against continuing to detain Kiyemba were among the 121 that the Department of Defense released on March 3, 2006.[17]

The following primary factors favor continued detention

a. Commitment
  1. Detainee stated that any system like a democracy, which tries to end Sharia law, is worthy of a Jihad against it.
  2. The detainee knew that Afghanistan (AF) lived under Sharia law before September 11, 2001.
  3. After September 11, 2001, the detainee traveled from England to Iran then to Pakistan in an attempt to travel to Afghanistan in order to fight in the Jihad.
b. Training
  1. While waiting in Pakistan on his way to AF, the detainee received weapons training on the Ak-48. The detainee learned how to shoot, assemble and disassemble the weapon.
c. Intent
  1. Detainee stated that he traveled to Afghanistan to try to stop the aggression against the innocent.
  2. While attempting to travel from Pakistan to Afghanistan in order to fight in the Jihad, the detainee was arrested at the border.
  3. Detainee stated that if he had a weapon, he might attack Camp Delta guards.
  4. Detainee stated that he would go fight Jihad in the future if he found a way.

}} The following primary factors favor release or transfer

  • Detainee has stated that he would never be a threat.
  • Detainee stated that September 11, 2001 was a terrorist attack against women and children, which is never warranted.
  • Detainee stated that he does not support what happened on September 11, 2001.
  • Detainee stated that he has never been a part of an organization or laundered any money.

}}

Transcript

Kiyemba chose to participate in his Administrative Review Board hearing.[18]

Release

During Kiyemba's internment the British Government declined to make representations on his behalf because he was not a citizen.[19] But Kiyemba was transferred to the United Kingdom in the winter of 2006, according to Ugandan paper The New Vision.[20] The Daily Mail reported that Home Secretary Charles Clarke personally intervened to keep him out of Britain on "national security grounds".[10] After being denied entry Kiyemba was deported to Uganda. He was detained in Ugandan custody for two months, and released on April 18, 2006.

According to the BBC, 02/06/06, he was considering whether to fight the government decision not to let him back into Britain. Kiyemba further stated: "I have lived in a 21st Century nightmare. I have been held hostage by the most developed, advanced, richest superpower".[21]

References

  1. OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived from the original on 2007-09-30. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.  16x16px Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. 2.0 2.1 Sumarrized transcripts (.pdf), from Jamal Abdullah Kiyemba's Combatant Status Review Tribunal - pages 21-23
  3. OARDEC (2008-10-09). "Consolidate chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. Archived from the original on 2008-12-20. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28.  16x16px Media related to File:Consolidated chronological listing of GTMO detainees released, transferred or deceased.pdf at Wikimedia Commons
  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. http://humanrights.ucdavis.edu/resources/library/documents-and-reports/gtmo_heightsweights.pdf. Retrieved 2009-12-21.  mirror
  5. Cite error: Invalid <ref> tag; no text was provided for refs named NewVisions2015-04-08b
  6. "Jamal Kiyemba, former Guantanamo prisoner, held in Uganda killing: Local prosecutor killed last month in suburb of Kampala". CBC News. 2015-04-08. http://www.cbc.ca/news/world/jamal-kiyemba-former-guantanamo-prisoner-held-in-uganda-killing-1.3024388. Retrieved 2015-04-08. "He said that while there was no conclusive evidence tying Kiyemba to the killing on March 30 of Ugandan prosecutor Joan Kagezi, detectives were questioning him about his possible role in that crime and a range of other offenses." 
  7. Cite error: Invalid <ref> tag; no text was provided for refs named Wsj2015-04-08
  8. "Guantanamo was a painful experience - Kiyemba". New Vision (Uganda). 2015-04-08. http://www.newvision.co.ug/news/666764-guantanamo-was-a-painful-experience-kiyemba.html. Retrieved 2015-04-08. "The now 36-year old, who was arrested in Pakistan in 2002 on suspicion of being an Al-Qaeda terrorist and sent back to Uganda in 2006, still finds it difficult to talk about the four years he spent in various American detention centers: first in Pakistan, then in Afghanistan and finally in Cuba." 
  9. [1]
  10. 10.0 10.1 [2]
  11. [3]
  12. Guantanamo Inmate to Return to Uganda, All Africa, December 12, 2005
  13. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  14. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  15. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  16. (Spc Timothy Book (March 10, 2006). "Review process unprecedented". The Wire (JTF-GTMO). pp. 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-12. 
  17. Factors for and against the continued detention (.pdf) of Jamal Abdullah Kiyemba Administrative Review Board - pages 74-75
  18. Summarized transcript (.pdf), from Jamal Abdullah Kiyemba's Administrative Review Board hearing - page 69
  19. Five still held without help or hope, The Times, January 12, 2005
  20. Uganda Frees Ex-Gitmo Detainee Jamal Kiyemba, cageprisoners, April 18, 2006
  21. Guantanamo: the aftermath, by Jessica Rose, 02/06/06 BBC

External links

{{WoTPrisoners}}