Jihad Ahmed Mustafa Diyab
In May 2014 he was the first captive to have civilian justice officials order the military to stop force-feeding him, so a determination could be made as to whether that force-feeding was too brutal. US District Court Judge Gladys Kessler had rule on Diyab's case in 2013, with a pointed ruling which some commentators interpreted as calling upon United States President Barack Obama to improve the conditions of Diyab's detention. In her 2013 ruling Kessler stated that “It is perfectly clear … that forced-feeding is a painful, humiliating and degrading process,” but that she lacked the authority to order it stopped. However a panel of the DC Circuit Court of Appeals, sent the case back to her, ruling she did have the authority to order a stop to the force-feeding. Kessler had ordered that Joint Task Force Guantanamo send copies of tapes of the forcefeedings to Washington, for review.
His wife, Usra al-Hussein, was apprehended and held in extrajudicial detention in Syria in July 2008. Amnesty International reports she was released on July 22 2009. Amnesty suspects she was taken into custody for trying to contact human rights groups for help lobbying for Diyab's release from Guantanamo.
In February 2013 Diyab participated in a hunger strike along with over one hundred other captives -- approximately seventy percent of the remaining population. He was one of four dozen captives who was being force-fed. In June 2013 Lawyers for Diyab and three other captives submitted a motion requesting an end to force-feeding, on the grounds it was a cruel and unusual treatment. US District Court Judge Gladys Kessler ruled on Diyab's motion first. Commentators described her four page opinion as sympathetic to Diyab, because, when she ruled that she lacked jurisdiction, she broadly hinted that United States President Barack Obama did have the authority to end the force-feeding. Gladys Kessler
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:
- Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... are members of Al Qaeda."
- Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
- Jihad Ahmed Mujstafa Diyab was listed as one of the captives who "The military alleges ... fought for the Taliban."
- Jihad Ahmed Mujstafa Diyab was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."
- Jihad Ahmed Mujstafa Diyab was listed as one of the captives who was ab "al Qaeda operative".
- Jihad Ahmed Mujstafa Diyab was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."
Among the other allegations he faced were:
- that he had hosted Abu Musab Al Zarqawi to stay in his house;
- that he was an expert forger;
- that he was a member of Asbat Al Ansar;
- that he had wanted to attend the Khalden training camp, but attended the Khandahar airport camp instead;
- some senior al Qaida members resented his assumption that he could attend an al Qaida camp without being vetted;
- some senior al Qaida members were suspicious of him because of his ties to takfiris;
Habeas corpus petition
On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Formerly secret Joint Task Force Guantanamo assessment
On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. Diyab's assessment was drafted on April 21, 2008 and was twelve pages long. It was signed by Mark H. Buzby, who recommended continued detention.
2009 Guantanamo Joint Task Force
When he took office President directed that captives' status should be reviewed by a new Guantanamo Joint Task Force, that would include officials from various agencies. He was cleared for release in 2009.
Diyab has been a long term hunger striker at Guantanamo.
- "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 2006-05-15.
- Spencer Ackerman (2014-05-17). "US judge temporarily halts Guantánamo force-feeding: Breakthrough legal ruling prevents Syrian prisoner on hunger strike being force-fed until a hearing on Wednesday". The Guardian. Archived from the original on 2014-05-19. https://web.archive.org/web/20140519030303/http://www.theguardian.com/world/2014/may/17/us-judge-halts-guantanamo-force-feeding. "Never before has a judge or any outside authority intervened in the hunger strike. Kessler ruled last year that she lacked the authority to do so, but an appeals court ruling in February decided that detainees at Guantánamo had the right to contest their force-feedings."
- Spencer Ackerman (2014-05-21). "US forced to acknowledge secret tapes of Guantánamo force-feedings". The Guardian. Archived from the original on 2014-05-22. https://web.archive.org/web/20140522074833/http://www.theguardian.com/world/2014/may/21/us-forced-acknowledge-guantanamo-force-feedings. "But now the US government has conceded that there are 34 videos showing the forcible feeding of one detainee, a Syrian cleared for release named Abu Wa’el Dhiab. The analogue video cassettes are part of a broader set of 136 videos showing Dhiab being forcibly removed from his cell by Guantánamo Bay guards bringing the hunger striker to be fed enterally."
- Charlie Savage (2014-05-13). "Videos Said to Show Force-Feeding of Detainees at Guantánamo Bay". New York Times. p. A13. Archived from the original on 2014-05-22. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2014%2F05%2F14%2Fus%2Fvideos-said-to-show-force-feeding-of-detainees-at-guantanamo-bay.html%3F_r%3D0&date=2014-05-22. "The military has made videotapes of military medical officials force-feeding detainees on hunger strikes at the prison at Guantánamo Bay, Cuba, according to a court filing on Tuesday. The filing asks a judge to issue an emergency order to the military requiring it to preserve the tapes."
- Wells Bennett (2014-05-21). "Read Out on Today’s GTMO Hunger Strike Hearing". Lawfare. Archived from the original on 2014-05-22. https://web.archive.org/web/20140522202142/http://www.lawfareblog.com/2014/05/read-out-on-todays-gtmo-hunger-strike-hearing/. "In any event, the court today mentioned a written order, one that would perhaps be issued later today and spell out more regarding Kessler’s rulings from the bench. Odds are good that this will clarify matters—and tell us more about the government’s interim power to force feed Dhiab."
- Michael Doyle (2014-05-21). "Judge: Produce Guantánamo videos, medical records". Washington, DC: Miami Herald. Archived from the original on 2014-05-22. https://web.archive.org/web/20140522040135/http://www.miamiherald.com/2014/05/21/4129557/judge-produce-guantanamo-videos.html. "In a ruling last year, Kessler concluded, “It is perfectly clear … that forced-feeding is a painful, humiliating and degrading process,” but she further reasoned that she was powerless to stop the practice. The U.S. Court of Appeals for the District of Columbia Circuit later said federal trial judges did have some authority to oversee Guantanamo’s detention practices."
- "Amnesty hails release of Syrian prisoner". United Press International. 2009-07-22. http://www.upi.com/Emerging_Threats/2009/07/22/Amnesty-hails-release-of-Syrian-prisoner/UPI-29221248286378/. Retrieved 2009-07-22.
- "Wife of Guantánamo detainee released in Syria". Amnesty International. 2009-07-22. http://www.amnesty.org/en/news-and-updates/good-news/wife-guantanamo-detainee-released-syria-20090722. Retrieved 2009-07-22.
- Liz Goodwin (2013-07-01). "Gitmo detainees on hunger strike sue over forced feeding". Yahoo News. Archived from the original on 2013-07-11. http://www.webcitation.org/query?url=http%3A%2F%2Fnews.yahoo.com%2Fblogs%2Fnews%2Fhunger-striking-gitmo-detainees-sue-over-force-feeding-170219155.html&date=2013-07-11. Retrieved 2013-07-11. "Four inmates at the Guantanamo Bay detention center in Cuba are suing the federal government over the camp's force-feeding procedures, arguing they are inhumane and violate the inmates' freedom of religion."
- "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."
- 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. "Al Sani said he traveled to Afghanistan shortly before September 11 and trained on a Kalashnikov. “I felt it was important in coming of age,” he said. “I went to Afghanistan for weapons training, not to fight anyone.”" mirror
- Zachary Katznelson (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 121 -- STATUS REPORT". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/121/0.pdf. Retrieved 2008-11-17.
- Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30. mirror
- Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24. mirror
- Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-13. http://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html. Retrieved 2012-07-13. "The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website."
- "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10.
- "Jihad Ahmed Mustafa Diyab: Guantanamo Bay detainee file on Jihad Ahmed Mustafa Diyab, US9LE-000722DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477132/Guantanamo-Bay-detainee-file-on-Jihad-Ahmed-Mustafa-Diyab-US9LE-000722DP.html. Retrieved 2012-07-04. "Recommendation: Continued detention under DoD control"
- Mark H. Buzby (2008-04-21). "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9LE-000722DP". Joint Task Force Guantanamo. http://media.mcclatchydc.com/smedia/2011/04/27/19/us9le-000722dp.source.prod_affiliate.91.pdf. Retrieved 2013-07-04. mirror
- Andy Worthington (2012-10-25). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?". Archived from the original on 2013-07-05. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2012%2F10%2F25%2Fwho-are-the-55-cleared-guantanamo-prisoners-on-the-list-released-by-the-obama-administration%2F&date=2013-07-05. Retrieved 2013-07-05.
- Ben Fox (2014-06-14). "Guantanamo hunger strike under renewed scrutiny as lawyers get video of prisoner treatment". Edmonton Journal. Archived from the original on 2014-06-14. https://web.archive.org/web/20140614234246/http://www.edmontonjournal.com/news/world/Guantanamo+hunger+strike+under+renewed+scrutiny+lawyers/9939860/story.html. "Attorneys for a Syrian prisoner have begun studying hours of video showing him being removed from his cell, placed in a restraint chair and fed by a tube with liquid nutrients."
Charlie Savage (2014-05-23). "Guantánamo Inmate’s Case Reignites Fight Over Detentions". Washington, DC: New York Times. p. A1. Archived from the original on 2014-05-24. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2014%2F05%2F24%2Fus%2Fjudge-allows-military-to-force-feed-guantanamo-detainee.html%3Fhpw%26rref%3Dus%26_r%3D0&date=2014-05-24. "In February, the president of Uruguay offered to allow him to be released there, but Defense Secretary Chuck Hagel, who has the final say under restrictions imposed by Congress, has not signed off on the transfer."