Ridah Bin Saleh Bin Mabrouk al-Yazidi is a citizen of
Tunisia
)
, image_map = Tunisia location (orthographic projection).svg
, map_caption = Location of Tunisia in northern Africa
, image_map2 =
, capital = Tunis
, largest_city = capital
, ...
held in
extrajudicial detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
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 territorie ...
Guantanamo Bay detainment 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 ...
since the day it opened, on January 11, 2002.
[
Al Yazidi's Guantanamo detainee ID number is 38.
]
Official status reviews
Originally the Bush
Bush commonly refers to:
* Shrub, a small or medium woody plant
Bush, Bushes, or the bush may also refer to:
People
* Bush (surname), including any of several people with that name
**Bush family, a prominent American family that includes:
*** ...
Presidency
A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified by a ...
asserted that captives apprehended in the ''"war on terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
"'' were not covered by the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
, 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
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 ...
ruled, in Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
, 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 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 (Philippin ...
set up the .[
]
Scholars at the Brookings Institution
The Brookings Institution, often stylized as simply Brookings, is an American research group founded in 1916. Located on Think Tank Row in Washington, D.C., the organization conducts research and education in the social sciences, primarily in ec ...
, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[
]
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who the Wittes team unable to identify as presently cleared for release or transfer.[
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges ... are members of the Taliban."''][
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges ... ]traveled to Afghanistan for jihad
Travel is the movement of people between distant geographical locations. Travel can be done by foot, bicycle, automobile, train, boat, bus, airplane, ship or other means, with or without luggage, and can be one way or round trip. Travel can ...
."''[
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."''][
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges ... ]took military or terrorist training in Afghanistan
Took is a variant of the English surname Tooke, originally found predominantly in the East Anglia region of the United Kingdom.
The name Took may refer to:
People
*Barry Took (1928–2002), British comedian and television presenter
*Steve Pere ...
."''[
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges ... fought for the Taliban."''][
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges ... ]were at Tora Bora
''Were'' and ''wer'' are archaism, archaic terms for adult male humans and were often used for alliteration with wife as "were and wife" in Germanic-speaking cultures ( ang, wer, odt, wer, got, waír, ofs, wer, osx, wer, goh, wer, non, ve ...
."''[
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who ''"The military alleges that the following detainees were ."''][
* Ridah Bin Saleh al-Yazidi was listed as one of the captives who was an ''" al Qaeda operative"''.][
* Ridah Bin Saleh al-Yazidi 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."''][
]
Habeas corpus petitions
Al-Yazidi's original 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 ...
petition was amalgamated with David Hicks's -- Civil Action No. 02-cv-0299.[
][
]
179 captives who had habeas petitions files on their behalf had a dossier of unclassified documents from their Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
s published.[
] But Al Yazidi's documents were withheld. The Bush administration has not offered an explanation as to why his documents were withheld.
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.
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 ...
ruled, in 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 ...
, 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.
Al-Yazidi's counsel have submitted requests to re-instate his habeas petition.
On July 7, 2008, Brent N. Rushforth filed a ''"PETITIONER’S UNOPPOSED MOTION TO ENTER PROTECTIVE ORDER" on behalf of Ridah Bin Saleh al-Yazidi.
mirror
[
]
Formerly secret Joint Task Force Guantanamo assessment
On April 25, 2011, whistleblower organization WikiLeaks
WikiLeaks () is an international Nonprofit organization, non-profit organisation that published news leaks and classified media provided by anonymous Source (journalism), sources. Julian Assange, an Australian Internet activism, Internet acti ...
published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[
][
]
His Joint Task Force Guantanamo assessment was drafted on June 6, 2007.[
]
It was signed by camp commandant Rear Admiral
Rear admiral is a senior naval flag officer rank, equivalent to a major general and air vice marshal and above that of a commodore and captain, but below that of a vice admiral. It is regarded as a two star "admiral" rank. It is often regarde ...
Mark H. Buzby
Mark Howard Buzby (born October 6, 1956) is a retired United States Navy rear admiral who served as the Administrator of the United States Maritime Administration.
He retired from the Navy in 2013 and joined Carnival Cruise Line's Safety & Reli ...
. He recommended continued detention.
Joint Review Task Force
On January 21, 2009, the day he was inaugurated, United States President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United State ...
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
issued three Executive orders
''Executive Orders'' is a techno-thriller novel, written by Tom Clancy and released on July 1, 1996. It picks up immediately where the final events of ''Debt of Honor'' (1994) left off, and features now-U.S. President Jack Ryan as he tries to d ...
related to the detention of individuals in Guantanamo.[
][
][
][
]
He put in place a new review system composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request:
* Freedom of Information Act 1982, the Australian act
* ...
request.[
Al-Yazidi was one of the 126 individuals approved for transfer.]
Status during the Donald Trump administration
Observers noted that President Barack Obama's administration made a push to transfer as many individuals from Guantanamo, as possible, during his last year.[ The '']Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' reported that Ridah bin Saleh al-Yazidi was one of the five individuals who had been cleared for release, who remained in Guantanamo when Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
was inaugurated. During the election campaign Trump had promised that, once he took power, no one would ever leave detention at Guantanamo, that he would bring more individuals to be detained there. The ''Washington Post'' reported that Obama administration officials had gotten a country to accept al-Yazidi, but he declined their hospitality.
References
{{DEFAULTSORT:Yazidi, Ridah Bin Saleh
1965 births
Tunisian extrajudicial prisoners of the United States
Detainees of the Guantanamo Bay detention camp
Living people