Emad Abdalla Hassan
Emad Abdalla Hassan (born June 26 1979) is a Yemeni citizen, who was captured in Faisalabad, Pakistan, and transported to extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Hassan's Guantanamo Internee Security Number was 680. Joint Task Force Guantanamo counter-terrorism analysts reports that Hassan was born on June 26 1979, in Aden, Yemen.
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. 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.
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:
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges ... are members of Al Qaeda."
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges ... were at Tora Bora."
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."
- Emad Abdalla Hassan was listed as one of the captives who "The military alleges ... served on Osama Bin Laden’s security detail."
- Emad Abdalla Hassan was listed as one of the captives who was ab "al Qaeda operative".
- Emad Abdalla Hassan was listed as one of the "34 [captives] admit to some lesser measure of affiliation—like staying in Taliban or Al Qaeda guesthouses or spending time at one of their training camps."
- Emad Abdalla Hassan was listed as one of the captives who had "stayed at Taliban or Al Qaeda guesthouses."
- Emad Abdalla Hassan was listed as one of the captives who had admitted "some form of associational conduct."
Combatant Status Review Tribunal
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
Hassan agreed to participate in his Combatant Status Review Tribunal.
Hassan requested five witnesses, who he said would testify that he was a University student, not a jihadist. The Tribunal President ruled that the witnesses were irrelevant, because they covered the period June 2000 to February 2001. When Hassan was informed of the President's decision he replied that he was only in Pakistan for seven months, because he was then captured.
Allegations against Hassan
The allegations against Hassan were:
- a. The detainee is an Al Qaeda fighter:
- The detainee traveled to Afghanistan to fight in the Jihad.
- The detainee avowed he would follow a fatwa that declared Jihad and would not quesiton the guidance of his leader.
- The detainee affirmed that if a leader of his tribe ordered an attack on America, he would be bound by duty to obey.
- While in Afghanistan, the detainee received training at the Al-Farouq training camp.
- The detainee traveled to both the Khandahar and the Tora Bora region of Afghanistan.
- The detainee was arrested by Pakistani Authorities in Faisalabad, Pakistan, along with several oter living in the same house, who were from Yemen, Saudi Arabia, Palestine, Libya, Russia and Pakistan.
Hassan replied to each allegation.
- Hassan testified that he spent the seven months preceding his capture in Pakistan.
- Hassan said the allegation that he would follow a fatwa had no foundation.
- Hassan denied that he ever said that he would follow the leader of his tribe in an attack on America;
- He is not a member of a tribe, his part of Southern Yemen has no tribes—he has no tribal leader
- He remembers his interrogators asking whether a tribal member would follow his tribal leader's orders to fight, that he answered, in theory, that those who lived in a tribal area were ordered they would obey—but this statement did not apply to him.
- He denied training at the Al Farouq camp, repeating that he had never even been in Afghanistan.
- He repeated, again, that he had never traveled to Afghanistan.
- In reply to the allegation that he was arrested in a house with others from around the world he replied: "This is true, but let me make this clear. It is a University dorm, so we have international students from all over the world, so it makes sense that we have so many different nationalities."
Hassan was asked by the Tribunal if he had his passport with him, when he was captured. When he replied that he did, he was then asked if he knew what had happened to it following his capture. Hassan replied that he had been shown a copy of his passport since he had arrived in Guantanamo.
The Tribunal members then asked first Hassan's Personal Representative and the Tribunal's Recorder whether they knew that Hassan's passport was in the control of the U.S. government in Guantanamo. They both professed ignorance of the whereabouts of Hassan's passport.
A Tribunal member asked Hassan about what he had told interrogators:
|Have you told them the same thing that you are telling us? You have never been to Afghanistan.
|They why do you believe you are here?
|(Laughter) How can you ask this question? This question should be asked to you.
|You've been here almost 3 years. Surely the interrogators have given you an idea of why they believe you should be here.
|In Bagram, they told me I was definitely going to go home. They told us we were captured by mistake. We're still under the error.
Hassan assured them that he had told his interrogators, and that he had told them that various other American officials had assured him that his capture was a mistake and that he would soon be released. The Tribunal member then asked him whether he hadn't gotten some kind of idea why
Earned mention in the "No-hearing hearings" study
According to the study entitled, No-hearing hearings, Emad Abdalla Hassan was an example of a captive who was arbitrarily denied the opportunity to present exculpatory documents to his Tribunal. The study questioned whether he would have been determined not to have been an enemy combatant if the Tribunal had been able to find his passport in the evidence locker.
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Cite error: Invalid
- Lauren Walker (2015-09-10). "How a Botched Translation Landed Emad Hassan in Gitmo". Newsweek magazine. http://www.newsweek.com/2015/09/18/emad-hassan-guantanamo-bay-hunger-strike-al-qaeda-370475.html. Retrieved 2015-09-14.
- "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm. "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."
- Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror
- 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. mirror
- "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.
- documents (.pdf), from Emad Abdalla Hassan's Combatant Status Review Tribunal, US Department of Defense - mirror pages 106-112
- Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings". Seton Hall University School of Law. p. 17. http://law.shu.edu/news/final_no_hearing_hearings_report.pdf. Retrieved April 2 2007.