Oibek Jamalundinovich Jabarov

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Oibek Jamalundinovich Jabarov
Other names Oibek Jamalundinovich Jabarov
Occupation shepherd

Abu Bakir Jamaludinovich is a citizen of Uzbekistan, who was held for close to eight years in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Jamaludinovich's Guantanamo detainee ID number is 452. American intelligence analysts estimate Jamaludinovich was born in 1974, in Chartakh, Uzbekistan.

According to the Washington Post, by February 2009, Jabbarov's weight has dropped from 167 to 100 pounds.[2]

According to the Associated Press Oybek was a shepherd in Uzbekistan, who had been living with his pregnant wife and young child in a refugee camp in Afghanistan at the time of the American invasion.[3] He accepted a ride from some Afghan Northern Alliance soldiers, who then sold him to the Americans for a bounty.

Jamaludinovich was cleared for repatriation on 22 February 2007, but his actual release was delayed until September 26, 2009, when he and another Uzbek were transferred to Ireland.[3][4] Michael Mone, one of his attorneys, said Oybek had hoped to be transferred to Ireland because he knew it had many sheep.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.[5][6] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[7]

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.

Summary of Evidence memo

A Summary of Evidence memo prepared for his Combatant Status Review Tribunal alleged[8]

a. The detainee has supported the Taliban and al Qaida.
  1. The detainee admitted that he was a member of the Islamic Movement of Uzbekistan (IMU).
  2. The IMU appears in the United States Department of Homeland Security, "Terrorist Organization Reference Guide."
  3. The detainee admitted to attending IMU terrorist training camps.
  4. While in Afghanistan, the detainee stayed in a safe house owned by the Libyan Islamic Fighting Group (LIFG).
  5. The Libyan Islamic Fighting Group (L1FG) appears in the United States Department of Homeland Security, "Terrorist Organization Reference Guide."
  6. The Libyan Islamic Fighting Group, a listed terrorist organization with black market contacts, reportedly is used by al Qaida to obtain travel documents.
b. The detainee participated in military operations against the United States and its coalition partners.
  1. The detainee made a conscious decision to fight with the Taliban.
  2. The detainee participated infighting between the Taliban and the Northern Alliance.

Transcript

Jamaludinovich chose to participate in his Combatant Status Review Tribunal. During the hearing, he denied all allegations.[9]

Habeas corpus petition

Jabbarow Oybek Jamolivich is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by US District Court Judge Reggie B. Walton on January 31, 2007.[10]

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[11]

Boumediene v. Bush

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".[12]

Re-initiation

On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Jabbarow Oybek Jamolivich.[13]

On July 18, 2008 Michael E. Mone Jr. filed a "Status report for petitioner Oybek Jamoldinivich Jabbarov (ISN 452)".[14] Jamolovish had a second habeas submitted on his behalf -- Civil Action No. 05-CV-2112 (RBW)

On 29 December 2008 Michael E. Mone, Jr. filed an opposition to the Department of Justice's motion to stay proceedings for all the captives who had already been cleared for release.[4] According to Mone the DoJ's position was that the petitions of men like Jamolovich, who was cleared for release on 22 February, 2007, should be addressed last, because they had already received the "relief" of being cleared for release. Mone questioned whether this clearance was meaningful, for men like Jamolovich, who had been detained for almost two years after he had been cleared for release.

Transfer to Ireland

Ireland had been discussing accepting the transfer of some Guantanamo captives for several months prior to the September 26, 2009 announcement that two Uzbek captives had been transferred.[15][16] Initially both men's names were withheld. On September 27 the Associated Press reported that one of the men was "Oybek Jabbarov".[3] The Associated Press reported he was 31 years old. Dermot Ahern, the Irish Minister of Justice, asked reporters to respect the men's privacy.

The Irish Times continues to report on the integration of Jabbarov and Shakhrukh Hamiduva back into society, reporting on September 30, 2009 that the Irish government has prepared a "10-week series of intensive courses in civics, cookery and other subjects."[17] After five years of residency the two men will be eligible to apply for Irish citizenship.

Joined by his family

Oybek was joined by his wife and two sons on December 21, 2009.[18][19] Oybek's pregnant wife and 2 year-old son were living as refugees when he was sold to credulous American intelligence officials as a "foreign fighter" by Northern Alliance soldier he thought were merely offering him a lift, and he didn't know where to find them. Irish consular officials helped locate them.

Comment on the 10th anniversary of the opening of the camp

On January 12, 2012, the day after the 10th anniversary of the opening of the Guantanamo camps, Oybek gave what the Irish Times called his first interview since his release.[20] He called the camps “a mark on the face of the US in the world”.

“Before I went to Guantánamo I saw America as a democratic country which respected human rights. I know from my own experience that Guantánamo is a terrible place where people are held without charge and cut off from the world with no rights. People suffer mental torture there. It is hard to believe it is still open a decade later.”[20]

The Irish Times noted that Oybek had completed his courses to integrate him into Irish society, and had completed job training courses, but continued to find re-adjusting to freedom difficult.[20] The Irish Times noted that a human rights organization Spirasi, which specializes in helping survivors of torture, had called upon the Irish government to accept more former Guantanamo captives.

References

  1. "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. 
  2. Peter Finn (2009-02-16). "4 Cases Illustrate Guantanamo Quandaries: Administration Must Decide Fate of Often-Flawed Proceedings, Often-Dangerous Prisoners". Washington Post. p. A01. http://www.washingtonpost.com/wp-dyn/content/article/2009/02/15/AR2009021501955_pf.html. Retrieved 2009-02-11. 
  3. 3.0 3.1 3.2 Shawn Pgatchnik (2009-09-27). "2 Uzbeks from Guantanamo prison arrive in Ireland". Associated Press. Archived from the original on 2009-09-27. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5gLNd1mczZjvuCvSby8j0YOWnSULgD9AVN2S00&date=2009-09-27. 
  4. 4.0 4.1 Michael E. Mone, Jr. (2008-12-29). "Guantanamo Bay Detainee Litigation: Doc 1414 -- PETITIONER JAMOLIVICH’S OPPOSITION TO RESPONDENTS’ MOTION TO STAY PROCEEDINGS FOR PETITIONERS APPROVED FOR TRANSFER OR RELEASE". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1414/0.pdf. Retrieved 2008-12-30. 
  5. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  6. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  7. "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. 
  8. : OARDEC (2004-12-07). "Summary of Evidence for Combatant Status Review Tribunal -- Jabarov, Oibek Jamalundinovich". United States Department of Defense. pp. pages 2-3'. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000400-000499.pdf. Retrieved 2008-11-16. 
  9. OARDEC (date redacted). "Summarized Unsworn Detainee Statement". United States Department of Defense. pp. pages 136-147. http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_51_3490-3642_Revised.pdf#136. Retrieved 2008-11-16. 
  10. Reggie B. Walton (January 31, 2007). "Gherebi, et al. v. Bush". United States Department of Justice. http://www.pegc.us/archive/In_re_Gitmo/order_RBW_20070131.pdf. Retrieved May 19, 2007. 
  11. 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
  12. 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
  13. Kristine A. Huskey (2008-07-15). "Guantanamo Bay Detainee Litigation: Doc 63 -- NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/63/0.pdf. Retrieved 2008-11-13.  mirror
  14. Michael Mone (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 87 -- Status report for petitioner Oybek Jamoldinivich Jabbarov (ISN 452)". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/87/0.pdf. Retrieved 2008-11-16.  mirror
  15. "Three Guantanamo detainees sent to Ireland, Yemen". Washington Post. 2009-09-26. Archived from the original on 2009-09-26. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2009%2F09%2F26%2FAR2009092601973.html&date=2009-09-26. 
  16. "Obama administration transfers 3 Gitmo prisoners as January closure deadline is in doubt". Taragana. 2009-09-26. Archived from the original on 2009-09-26. http://www.webcitation.org/query?url=http%3A%2F%2Fblog.taragana.com%2Fn%2Fobama-administration-transfers-3-gitmo-prisoners-as-january-closure-deadline-is-in-doubt-179868%2F&date=2009-09-26. 
  17. RUADHÁN MAC CORMAIC (2009-10-01). "Former US detainees begin Irish integration". Irish Times. Archived from the original on 2009-09-30. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.irishtimes.com%2Fnewspaper%2Fireland%2F2009%2F1001%2F1224255613578.html&date=2009-09-30. 
  18. Kevin Cullen (2009-12-21). "A holiday reunion". Boston Globe. Archived from the original on 2010-01-03. http://web.archive.org/web/20100103234613/http://www.boston.com/news/local/massachusetts/articles/2009/12/21/a_holiday_reunion/. "Jabbarov’s wife and kids had been moving around central Asia for years, trying to survive, trying to get him back." 
  19. Andy Worthington (2009-12-25). "At Christmas, Ex-Guantánamo Prisoner Is Reunited With His Family". Archived from the original on 2012-08-30. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.andyworthington.co.uk%2F2009%2F12%2F25%2Fat-christmas-ex-guantanamo-prisoner-is-reunited-with-his-family%2F&date=2012-08-30. Retrieved 2012-08-30. 
  20. 20.0 20.1 20.2 Mary Fitzgerald (2012-01-12). "Failure to shut Guantánamo 'a mark on the face of the US', says ex-detainee". Irish Times. Archived from the original on 2012-08-30. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.irishtimes.com%2Fnewspaper%2Fireland%2F2012%2F0112%2F1224310142987.html&date=2012-08-30. Retrieved 2012-08-30. "A FORMER Guantánamo Bay detainee who was resettled in Ireland in 2009 has condemned the continuing existence of the facility on the 10th anniversary of its opening, saying it is “a mark on the face of the US in the world”." 

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