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Salem Abdul Salem Ghereby (March 1, 1961 – April 12, 2023) was a citizen of Libya who was 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'
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in Cuba, from May 5, 2002, until April 4, 2016. Joint Task Force Guantanamo counter-terrorism analysts reports that he was born on March 1, 1961, in Zletan, Libya.


Personal life

According to historian Andy Worthington, the author of ''
The Guantanamo Files The Guantánamo Bay files leak (also known as The Guantánamo Files, or colloquially, Gitmo Files) began on 24 April 2011, when WikiLeaks, along with ''The New York Times'', NPR and ''The Guardian'' and other independent news organizations, began ...
'', Gherebi had settled in Pakistan after fleeing
Muammar Gaddafi Muammar Muhammad Abu Minyar al-Gaddafi, . Due to the lack of standardization of transcribing written and regionally pronounced Arabic, Gaddafi's name has been romanized in various ways. A 1986 column by ''The Straight Dope'' lists 32 spellin ...
's repressive regime in Libya. He was married to a Pakistani woman, and had fathered several children. He had worked as a teacher, teaching science at a primary school.


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 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 ''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.


Habeas corpus

Salem was the first Guantanamo captive to challenge whether he should have access to US Civil Courts. Human rights lawyer
Stephen Yagman Stephen Yagman (born December 19, 1944) is an American federal civil rights lawyer, and general advocate. He has a reputation of being an advocate in cases regarding allegations of police brutality.''National Law Journal'', pg. 1, February 28, 2 ...
filed the appeal on Salem's behalf after being contacted by Salem's brother Justice Matz ruled against Salim, but Matz's ruling was overturned on appeal, by the 9th US Circuit Court of Appeals, on December 18, 2003. On February 20, 2007, two of the three judges on the US Court of Appeals for the DC Circuit ruled that when the Military Commissions Act stripped the right to use habeas corpus from the Guantanamo captives retroactively, and that appeals, like Salem's, which were in process, were vacated.


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 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 ...
. Scholars at the Brookings Institution, 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: * Salem Abdul Salem Ghereby was listed as one of the captives who ''"The military alleges ... are members of Al Qaeda."'' * Salem Abdul Salem Ghereby was listed as one of the captives whose ''"names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."'' * Salem Abdul Salem Ghereby was listed as one of the captives who was an ''"al Qaeda operative"''. * Salem Abdul Salem Ghereby 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."''


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. His Joint Task Force Guantanamo assessment was 12 pages long, and was drafted on February 20, 2008. 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.


Salem's legal representation

Salem's lawyer is
Duke University Duke University is a private research university in Durham, North Carolina. Founded by Methodists and Quakers in the present-day city of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco and electric power industrialist James ...
professor
Erwin Chemerinsky Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he a ...
. He handled Salem's writ of habeas corpus. In 2002, Chemerinsky said he received death threats for his efforts on Gherebi's behalf: *''"I've never done anything that's gotten the quantity of hate mail this has gotten," *''"I just feel it's so important for the United States to follow the law."


Transfer to Senegal

On April 4, 2016, Abu Bakr, and another Libyan Salem Abdul Salem Ghereby, were transferred to Senegal. Citing his formerly secret Joint Task Force Assessment, published by the whistleblower organization WikiLeaks in April 2011, '' Fox News'' described Ghereby as someone who ''"has been involved in extremist activities since at least the mid-1990s."''


Death

On April 12, 2023, Ghereby died of cancer in Libya.


References


External links


Who Are the Remaining Prisoners in Guantánamo? Part Three: Captured Crossing from Afghanistan into Pakistan
Andy Worthington, September 22, 2010 {{DEFAULTSORT:Ghereby, Salem Abdul Salem Detainees of the Guantanamo Bay detention camp Libyan extrajudicial prisoners of the United States 1961 births 2023 deaths