Deleted:Sufyian Barhoumi
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Sufyian Barhoumi is a citizen of Algeria, who is currently held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] The Department of Defense reports that he was born on 28 July 1973, in Algiers, Algeria.
As of August 15, 2011, Sufyian Barhoumi has been held at Guantanamo for nine years two months.[2]
Contents
Charges before a military commission
On 6 July 2004, United States President Bush ordered that Sufyian Barhoumi be charged before a military commission.[3] The appointing authority approved the charges against Sufyian on 4 November 2005.[4] Barhoumi faced the charge of "Conspiracy".[5] His five page charge sheet listed thirteen general allegations, that were essentially identical to those of Jabran Said bin al Qahtani, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and two other captives, Binyam Ahmed Muhammad, and Omar Khadr had their charges confirmed on the same day as Barhoumi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and Binyam Ahmed Muhammad all faced conspiracy charges. Omar Khadr faced both murder and conspiracy to murder charges.
In July 2006, after considering Hamdan v. Rumsfeld, the United States Supreme Court ruled that the President lacked the Constitutional Authority to order Military Commissions. The Supreme Court ruled that only the United States Congress had the authority to order Military Commissions. So the charges against all ten men were dropped.
On 29 May 2008 Barhoumi, Jabran al-Qathani and Ghassan Abdullah al-Sharbi were charged before the Congressionally authorized military commissions.[6][7]
On 21 October 2008 Susan J. Crawford the official in charge of the Office of Military Commissions announced charges were dropped against Barhoumi.[8][9] Carol J. Williams, writing in the Los Angeles Times reports that all five men had been connected by Abu Zubaydah -- one of the three captives the CIA has acknowledged was interrogated using the controversial technique known as "waterboarding".
Williams quoted the men's attorneys, who anticipated the five men would be re-charged in thirty days.[9] They told Williams that: "... prosecutors called the move procedural", and attributed it to the resignation of fellow Prosecutor Darrel Vandeveld, who resigned on ethical grounds. Williams reported that Clive Stafford Smith speculated that the Prosecution's dropping of the charges, and plans to subsequently re-file charges later was intended to counter and disarm the testimony Vandeveld was anticipated to offer, that the Prosecution had withheld exculpatory evidence.
Habeas corpus petition
Barhoumi had a writ of habeas corpus filed on his behalf, Civil Action No. 05-cv-1506, by pro bono attorneys from Holland & Hart LLP.
On September 24, 2009 Carol Rosenberg, writing in the Miami Herald, reported that U.S. District Court Judge Rosemary Collyer had ruled that the USA could continue to hold Sufiyan in Guantanamo.[10] [11] While the ruling was announced, its text remained classified.
His case was appealed before a panel of judges, who confirmed Collyer's decision on June 10, 2010.[12]
References
- ↑ OARDEC (15 May 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through 15 May 2006" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- ↑ "Sufyian Barhoumi - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/694-sufyian-barhoumi.
- ↑ George W. Bush (6 July 2004). "To the Secretary of Defense" (PDF). United States Department of Defense. http://www.defenselink.mil/news/Dec2005/d20051215prtbbarhoumi.pdf. Retrieved 2008-05-03. "Accordingly, it is hereby ordered that, effective this date, Sufyian Barhoumi shall be subject to the Military Order of 13 November 2001."
- ↑ John D. Alternburg Jr. (4 November 2005). "Military Commission Case No. 05-0006" (PDF). United States Department of Defense. http://www.defenselink.mil/news/Dec2005/d20051220barhoumichargesapproved.pdf. Retrieved 2008-05-03. "The charges against Sufyian Barhoumi (a/k/a Abu Obaida, a/k/a Obaydah A1 Jaza'iri, a/k/a Shafiq) are approved."
- ↑ [http://www.defenselink.mil/news/Nov2005/d20051104Barhoumi.pdf http://www.defenselink.mil/news/Dec2005/d20051220barhoumichargesapproved.pdf "USA v. Barhoumi"] (PDF). US Department of Defense. 7 November 2005. http://www.defenselink.mil/news/Nov2005/d20051104Barhoumi.pdf http://www.defenselink.mil/news/Dec2005/d20051220barhoumichargesapproved.pdf. Retrieved 2007-02-27. [dead link]
- ↑ Andrew Gilmore (30 May 2008). "Pentagon files new charges against 3 Guantanamo detainees". The Jurist. http://jurist.law.pitt.edu/paperchase/2008/05/pentagon-files-new-charges-against-3.php. Retrieved 2008-06-01.
- ↑ "Charge sheet (2008)" (PDF). United States Department of Defense. 29 May 2008. http://www.defenselink.mil/news/d20080529Sufyian.pdf. Retrieved 2008-06-01.
- ↑ Jane Sutton (2008-10-21). "U.S. drops charges against 5 Guantanamo captives". Reuters. http://www.reuters.com/article/topNews/idUSTRE49K65120081021?sp=true. Retrieved 2008-10-21. mirror
- ↑ 9.0 9.1 Carol J. Williams (2008-10-21). "War crimes charges dropped against 5 in Guantanamo". Los Angeles Times. http://www.latimes.com/news/nationworld/nation/la-na-gitmo22-2008oct22,0,6309987.story. Retrieved 2008-10-21. mirror
- ↑ Carol Rosenberg (2009-09-24). "Judge OKs Guantánamo detention of Algerian". Miami Herald. http://www.miamiherald.com/2009/09/24/1249875/judge-oks-guantanamo-detention.html. Retrieved 2011-12-15. "Barhoumi and several others were sent to Guantánamo and charged with war crimes for allegedly training with al Qaeda, setting up a bomb-making shop and going on a $1,000 shopping mission in Faisalabad to buy materiel for roadside bombs to resist the U.S. invasion of Afghanistan." mirror
- ↑ Carol Rosenberg (2009-09-24). "Algerian seized with Abu Zubaydah loses habeas case". McClatchy News Services. http://www.mcclatchydc.com/2009/09/24/75995/algerian-seized-with-abu-zubaydah.html. Retrieved 2011-12-15. "In the latest case made public, U.S. District Judge Rosemary Collyer ruled for the detention of Sufiyan Barhoumi, 36, in a two-page decision dated Sept. 3. Her full ruling was still classified Friday." mirror
- ↑ "Sufiyam Barhoumi v. Barack Obama". United States Department of Justice. 2010-06-10. http://media.miamiherald.com/smedia/2010/07/04/14/barhoumi.source.prod_affiliate.56.pdf. Retrieved 2011-12-15. mirror
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Six: Captured in Pakistan (2 of 3) Andy Worthington, October 6, 2010
- Commissions Transcripts Exhibits, and Allied Papers
- US military charges Omar Khadr with murder, CTV, 7 November 2005
- US charges five Guantanamo detainees with war crimes, China Daily, 7 November 2005
- Canadian held at Guantanamo charged with murder, CBC, 7 November 2005
- Five More Guantanamo Detainees Charged, The Guardian, 7 November 2005
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
- Supreme Court to hear challenge to military commissions, San Francisco Mercury, 7 November 2005
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