Fadi al-Maqaleh

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Fadi al-Maqaleh
Born 1983
Nationality Yemen
Other names Fadi Ahmed
Citizenship Yemen
Known for Held in extrajudicial detention by the USA in Afghanistan since 2003.

On January 15, 2010, the Department of Defense complied with a court order and published a list of Captives held in the Bagram Theater Internment Facility that included the name Fadi Ahmed.[1][2][3]

There were 645 names on the list, which was dated September 22, 2009, and was heavily redacted.[1][2]

Fadi Ahmed is the DoD's transliteration of the name of Fadi al-Maqaleh, a Yemeni known to have been held in Bagram since 2003.[3] Fadi al-Maqaleh is one of three foreign ghost prisoners who have been trying to get their situations examined through habeas corpus petitions.[4] Fadi al-Maqeleh first had a habeas petition filed on his behalf in 2006.[5][6] According to a ruling from US District Court Judge John D. Bates only those captives held in Bagram who, like Fadi were not captured in Afghanistan, are entitled to file habeas petitions.

He is a Yemeni, who was captured in 2004.[3] He reports he was one of the captives identified in 2005 by high-profile escaper Abu Yahya al-Libi. He reports that John D. Bates, the US District Court Judge who reviewed his habeas corpus, ruled that he should be released, but the Department of Justice had appealed this ruling to a higher court.[4] The D.C. Court of Appeals reversed Judge Bate's habeas grant on May 21, 2010.[7] In their opinion, the Court of Appeals considered Mr. Al Maqaleh's case closer to that of Johnson v. Eisentrager (1950)[8] than that of Boumediene v. Bush (2008).[9] They instructed Judge Bates to dismiss the habeas petition for lack of jurisdiction. However, Judge Bates apparently allowed an amended petition to be filed and the case continues.[10]


  1. 1.0 1.1 "Bagram detainees". United States Department of Defense. 2009-09-22. Archived from the original on 2010-01-17. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.aclu.org%2Ffiles%2Fassets%2Fbagramdetainees.pdf&date=2010-01-17. 
  2. 2.0 2.1 Andy Worthington (2010-01-19). "Dark Revelations in the Bagram Prisoner List". truthout. Archived from the original on 2010-01-25. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.truthout.org%2Fdark-revelations-bagram-prisoner-list56189&date=2010-01-25. 
  3. 3.0 3.1 3.2 Andy Worthington (2010-01-26). "Bagram: The First Ever Prisoner List (The Annotated Version)". Archived from the original on 2010-01-27. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2Fbagram-the-first-ever-prisoner-list-the-annotated-version%2F&date=2010-01-27. "Presumably this is Fadi al-Maqaleh, a Yemeni, seized in 2004, who was sent to Abu Ghraib before Bagram, according to Abu Yahya al-Libi, the al-Qaeda leader who escaped from Bagram in July 2005. In March 2009, his habeas corpus petition was granted by US District Court Judge John D, Bates, but as of January 2010 the ruling is being reviewed by the Court of Appeals." 
  4. 4.0 4.1 Andy Worthington (2009-04-06). "Justice extends to Bagram, Guantánamo’s Dark Mirror". Archived from the original on 2010-01-27. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2009%2F04%2F06%2Fjustice-extends-to-bagram-guantanamos-dark-mirror%2F&date=2010-01-27. Retrieved 2010-01-27. "The men in question — Redha al-Najar, a Tunisian seized in Karachi, Pakistan, Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand, Fadi al-Maqaleh, a Yemeni, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates — were all captured between five and seven years ago, and transferred to Bagram, where only an administrative accident — or some as yet unknown decision that involved keeping a handful of foreign prisoners in Bagram, instead of sending them all to Guantánamo — prevented them from joining the 779 men in the offshore prison in Cuba." 
  5. "Fadi al Maqaleh: Oral Argument January 7, 2010". International Justice Network. 2010-01-07. Archived from the original on 2010-02-04. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.ijnetwork.org%2Ffadi-al-maqaleh&date=2010-02-04. 
  6. "IJNetwork Brings First Legal Challenge For Bagram Prisoners". International Justice Network. 2010-01-07. Archived from the original on 2010-02-05. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.ijnetwork.org%2Fdetainees-and-torture-victims-topmenu-36%2F178-ijnetwork-brings-first-legal-challenge-for-bagram-prisoners&date=2010-02-05. "In April 2009, Judge John D. Bates ruled that Mr. al Maqaleh, and two other petitioners in the case, Amin al Bakri and Redha al Najar, have a Constitutional right to petition U.S. courts for a writ of habeas corpus." 
  7. Al Maqaleh v. Gates (CADC 2010) 605 F.3d. 84.
  8. 339 U.S. 763, 70 S.Ct. 936, 94 L.Ed. 1255
  9. 553 U.S. 723, 128 S.Ct. 2229, 171 L.Ed.2d 41
  10. http://www.lawfareblog.com/2012/08/petitioners-filing-in-al-maqaleh/