Dawut Abdurehim (1974 - ) is a
Uyghur refugee best known for the more than seven years he spent in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
Guantanamo Bay detention camps, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
[
]
Abdulrehim is one of 22
Uighurs who have been held in Guantanamo for many years despite it becoming clear early on that they were innocent.
[China's Uighurs trapped at Guantanamo]
''Asia Times
''Asia Times'' (), formerly known as ''Asia Times Online'', is a Hong Kong-based English language news media publishing group, covering politics, economics, business, and culture from an Asian perspective. ''Asia Times'' publishes in English and ...
'', November 4, 2004
He won his
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
in 2008. Judge
Ricardo Urbina
Ricardo M. Urbina (; born 1946) is a former United States district judge of the United States District Court for the District of Columbia.
Education and career
Urbina earned a bachelor's degree from Georgetown University in 1967. He received his ...
declared his detention as unlawful and ordered that he be set free in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. He was sent to
Palau
Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the ...
in October 2009.
Early life
American
intelligence analysts
Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
estimate Abdurehim was born in 1974 in
Ghulja
YiningThe official spelling according to (), also known as Ghulja ( ug, غۇلجا) or Qulja ( kk, قۇلجا) and formerly Ningyuan (), is a county-level city in Northwestern Xinjiang, People's Republic of China and the seat of the Ili Kazakh A ...
, Xinjiang, China.
Capture
After fleeing Afghanistan, Abdurehim was turned over to Pakistani authorities.
Detention
American
intelligence analysts
Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
assigned Abdurehim the
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts.
History
On March 3, 2006, in compliance with a court order from ...
289.
Combatant Status Review
Abdurehim was among the 60% of prisoners who chose to participate in tribunal hearings.
OARDEC
The Office for the Administrative Review of the Detention of Enemy Combatants, established in 2004 by the Bush administration's Deputy Secretary of Defense Paul Wolfowitz, is a United States military body responsible for organising Combatant St ...
Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005
, September 4, 2007 A
Summary of Evidence memo was prepared for the tribunal of each detainee.
Abdurehim's memo accused him of the following:
[
][
]
On March 3, 2006, in response to a
court order from
Jed Rakoff
Jed Saul Rakoff (born August 1, 1943) is a Senior United States district judge of the United States District Court for the Southern District of New York.
Education
Rakoff was born in Philadelphia, Pennsylvania on August 1, 1943. He grew up in ...
, the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
published a nine-page summarized transcript from his Combatant Status Review Tribunal.
[
]
Dawut Abdurehim v. George W. Bush
A
writ of habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
,
Dawut Abdurehim v. George W. Bush, was submitted on
Dawut Abdurehim's behalf.
In response, on September 8, 2006, the Department of Defense released 31 pages of unclassified documents related to his Combatant Status Review Tribunal.
Legal Sufficiency Review
His Combatant Status Review Tribunal's
Legal Sufficiency Review was drafted on January 18, 2005, by
Assistant Legal Advisor Commander Karen M. Gibbs.
His enemy combatant status was confirmed by
Tribunal panel 12.
Gibbs noted that the Tribunal panel "substantially complied" with the rules set out for Tribunals conduct.
Gibbs noted
Testimony on behalf of Abdul Razak
Dawut Abdurehim testified on behalf of
Abdul Razak
ʻAbd al-Razzāq (ALA-LC romanization of ar, عبد الرزاق) is a male Muslim given name, and in modern usage, surname. It is built from the Arabic words '' ʻabd'' and ''al-Razzāq'', one of the names of God in the Qur'an, which give rise to ...
.
[
]
Dawut Abdurehim testified that Abdul Razak had made two deliveries of food to the Uyghur camp, and that he was not involved in combat.
Dawut Abdurehim confirmed that they had fled the
American aerial bombardment of Afghanistan
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
with the other Uyghurs, through the mountains, into Pakistan, where they were turned over to the Pakistani authorities.
On Abdul Razak's detainee election form Dawut Abdurehim's name was recorded as "Sabet".
Both men testified that they had not seen the other man be trained on or carry any weapons.
Abdul Razak testified that the camp was near a village he called
Urhurl.
Current status
Five Uyghurs, whose CSR Tribunals determined they had not been enemy combatants were transferred to detention in an Albanian refugee camp in 2006. A man who was born to Uyghur parents, in Saudi Arabia, and thus was considered a Uyghur, was nevertheless returned to Saudi Arabia. All the other Uyghurs remained in Guantanamo.
In September 2007, the Department of Defense released all the
Summary of Evidence memos prepared for the Administrative Review Boards convened in 2006.
[
][
]
There is no record that a Board reviewed his status in 2005 or 2006.
In September 2007, the Department of Defense released the recommendation memos from 133 of the Administrative Review Boards that convened in 2005 and the recommendation memos from 55 of the Administrative Review Boards that convened in 2006.
[
][
]
No recommendation memos were released for Dawut Abdurehim.
On June 12, 2008, the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
restored the Guantanamo captives' access to the USA's civilian justice system in its ruling on
Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
.
Specifically it re-initiated the captives'
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petitions.
In an unrelated development
Huzaifa Parhat
Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khalik, were released from Guantanamo on December 29, 2013, and lat ...
's
DTA appeal Guantanamo Bay detainees have been allowed to initiate appeals in Washington, D.C., courts since the passage of the Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus.
It sub ...
concluded that his Combatant Status Review Tribunal had erred in confirming he was an "enemy combatant", due to insufficient evidence.
The Department of Justice had the option of appealing the ruling, claiming it had new evidence. The Uyghurs' habeas petitions were the first to be scheduled for review.
In September 2008, days before the Department of Justice would have been expected to offer a justification in court for the Uyghurs' detention, and after six and half years of extrajudicial detention, the Department of Justice acknowledged the evidence to justify their detention did not exist.
Temporary Asylum in Palau
In June 2009, the government of
Palau
Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the ...
announced that they would offer temporary asylum to some of the Uyghurs.
[
][
][
]
The government of Palau sent a delegation to Guantanamo, and interviewed some of the remaining Uyghurs.
Some of the Uyghurs declined to be interviewed by the Palauns. In the end the government of Palau offered asylum to twelve of the remaining thirteen Uyghurs. Palau declined to offer asylum to one of the Uyghurs who suffered from a mental disorder, brought on by detention, that was too profound to be treated in Palau.
On October 31, 2009, Abdulrehim,
Ahmad Tourson
Ahmad Tourson or Ahmad Abdulahad, is a Uyghur refugee unlawfully detained for more than seven years in the United States Guantanamo Bay detainment camps. The detention occurred despite becoming clear early on that he was innocent. ,
Abdul Ghappar Abdul Rahman
Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khalik, were released from Guantanamo on December 29, 2013, and lat ...
,
Edham Mamet
Edham Mamet (May 4, 1975 - ) (also Nag Mohammed)
is a Uyghur refugee best known for the more than seven years he spent in the United States Guantanamo Bay detention camps, in Cuba. He was captured in Afghanistan in November 2001.
Edham Mamet ...
,
Anwar Hassan
Anwar Hassan (born August 25, 1974) is a Uyghur refugee who was wrongly imprisoned for more than seven years in the United States Guantanamo Bay detention camps.http://ccrjustice.org/newsroom/press-releases/17-innocent-uighurs-detained-guant%C3 ...
, and
Adel Noori were released and transferred to Palau.
[
][
]
On June 29, 2015, Nathan Vanderklippe, reporting in ''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'', wrote that all the Uyghurs had quietly left Palau.[
]
The ''Globe'' confirmed that Palau's agreement to give refuge to the Uyghurs was reached after the USA agreed to various secret payments. Those payments included $93,333 to cover each Uyghurs living expenses. The ''Globe'' confirmed that controversy still surrounded former President Johnson Toribiong
Johnson Toribiong (born 22 July 1946) is a Palauan attorney and politician.[ ...]
who had used some of those funds to billet the Uyghurs in houses belonging to his relatives.
Vanderklippe reported that the men had never felt they could fit in with the Palauns.[
Some of the men compared Palau with a lusher, larger Guantanamo. Some of the men were able to bring their wives to Palau. Attempts to hold most regular jobs failed, due to cultural differences. Attempts to use their traditional leather-working skills to be self-employed failed. Eventually, all six men were employed as night-time security guards, a job that did not require interaction with Palauns.
Tragically, one of the men's young toddler, conceived and born on Palau, died after he fell off a balcony.][
According to Vanderklippe, the men's departure from Palau was quietly arranged with the cooperation of American officials. He reported they left, one or two at a time, on commercial flights. Palaun officials would not share the Uyghurs' destination(s).
]
References
External links
From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs
Andy Worthington
Andy Worthington is a British historian, investigative journalist, and film director.
He has published three books, two on Stonehenge and one on the war on terror, been published in numerous publications and directed documentary films. Artic ...
October 9, 2008
Judge Ricardo Urbina’s unclassified opinion (redacted version)
MOTIONS/STATUS HEARING - UIGHURS CASES BEFORE THE HONORABLE RICARDO M. URBINA
Palau Uyghurs try to build new lives
Kyodo News December 15, 2009
{{DEFAULTSORT:Abdurehim, Dawut
Chinese extrajudicial prisoners of the United States
Uyghurs
Living people
Year of birth uncertain
Guantanamo detainees known to have been released
1974 births
Chinese refugees