Sulaiman Awath Sulaiman Bin Ageel Al Nahdi
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Sulaiman Awath Sulaiman Bin Ageel Al Nahdi is a citizen of
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
, who 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 territori ...
Guantanamo Bay detainment 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 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 ...
, from May 5, 2002, until November 16, 2015. Al Nahdi's Guantanamo
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 ...
is 511. 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 ...
reports that al Nahdi was born on December 1, 1974, in
Mukalla Mukalla ( ar, ٱلْمُكَلَّا, ') is a seaport and the capital city of Yemen's largest governorate, Hadhramaut. The city is in the southern part of the Arabian Peninsula on the Gulf of Aden, on the shores of the Arabian Sea, about east o ...
, Yemen. Al Nahdi was cleared for release in 2008, but he wasn't released until late 2015, when he and five other Yemenis were sent to the
United Arab Emirates The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia ( The Middle East). It is located at t ...
.


Official status reviews

Initially the Bush administration asserted that they could withhold all the protections of 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 Conve ...
to captives from
the war on terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct
competent tribunal Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states: ICRC commentary on competent tribunals The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Geneva Con ...
s to determine whether captives are, or are not, entitled to the protections of
prisoner of war A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of w ...
status. Subsequently 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 ...
instituted the
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 estab ...
s. 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 Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
. 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 e ...
, led by
Benjamin Wittes Benjamin Wittes (born November 5, 1969) is an American legal journalist and Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School–Brookings ...
, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations: * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who the Wittes team unable to identify as presently cleared for release or transfer. * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who "The military alleges ... are associated with both Al Qaeda and the Taliban". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi 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". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who "The military alleges ... were at Tora Bora". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who was a foreign fighter. * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who "deny affiliation with Al Qaeda or the Taliban yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions". * Sulaiman Awath Sulaiman Bin Ageel Al Nahdi was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban". Al Nahdi chose to submit a written statement to his Combatant Status Review Tribunal rather than attend in person.


Al Nahdi's statement

Al Nahdi's statement said that the allegations against him contained exaggeration. Al Nahdi said he traveled to Afghanistan because he was moved by the plight of children. He was moved by cleric's speeches and the images on TV. Al Nahdi's statement acknowledges that someone paid his travel expenses, without mentioning who paid for him. He pointed out he traveled there prior to the attacks of
September 11, 2001 The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerc ...
. His travel had nothing to do with a hatred of America. He asserted he had no problems with America. He asserted he played no role in the conflict between the
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalist, militant Islamist, jihadist, and Pasht ...
and the
Northern Alliance The Northern Alliance, officially known as the United Islamic National Front for the Salvation of Afghanistan ( prs, جبهه متحد اسلامی ملی برای نجات افغانستان ''Jabha-yi Muttahid-i Islāmi-yi Millī barāyi Nijāt ...
. Al Nahdi denied being a member of al Qaeda—he said he had never heard of al Qaeda until he was arrested. Al Nahdi acknowledged attending an
Afghan training camp Afghan may refer to: *Something of or related to Afghanistan, a country in Southern-Central Asia *Afghans, people or citizens of Afghanistan, typically of any ethnicity ** Afghan (ethnonym), the historic term applied strictly to people of the Pas ...
, where he saw Osama bin Laden, but he said he had nothing to do with him, and did not identify with what bin Laden was saying. He asserted bin Laden should be charged for what he did. He pleaded that bin Laden's crimes shouldn't be taken out on him. Al Nahdi said he had promised his mother he would stay in Afghanistan for no more than six months. Al Nahdi said he had been well behaved at Guantanamo, with the exception of once throwing juice at a guard when he was upset when he learned his mother had died. Al Nahdi chose to participate in his 2005
Administrative Review Board The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to re ...
hearing, and the DoD published a 16 page transcript.


Habeas corpus petition

Al Nahdi had a writ or
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 ...
filed on his behalf in 2005. The
Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
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 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 ...
to access the U.S. 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". On July 17, 2008, Richard Murphy filed a "Petitioner's request for 30-day notice of removal or transfer" on behalf of al Nahdi and six other captives. The petition would prevent the Department of Defense from transferring him out of U.S. jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment—even though they had active habeas corpus petitions.


Life at Guantanamo

In 2008, the ''
Cleveland Plain Dealer ''The Plain Dealer'' is the major newspaper of Cleveland, Ohio, United States. In fall 2019, it ranked 23rd in U.S. newspaper circulation, a significant drop since March 2013, when its circulation ranked 17th daily and 15th on Sunday. As of M ...
'' reported on efforts to provide intellectual stimulation for the captives. They reported that camp authorities had recently hire a full time
English language English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the ...
instructor and a full time
Arabic language Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walte ...
instructor. In addition interested captives were instructed in the rudiments of drawing and painting, and were given access to art supplies. Al Nahdi had used his time in art class to prepare what his lawyer described as a "greeting card", which he gave to her, to take back to share with staff at her office—only to have military censors classify it, and stamp it with a "secret" stamp. In articles marking the camp's tenth anniversary, both
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. ne ...
and the
McClatchy News Service The McClatchy Company, commonly referred to as simply McClatchy, is an American publishing company incorporated under Delaware's General Corporation Law and based in Sacramento, California. It operates 29 daily newspapers in fourteen states an ...
noted that al-Nahdi remained in the camp even though he had been cleared years earlier.


References

{{DEFAULTSORT:Nahdi, Sulaiman Detainees of the Guantanamo Bay detention camp Yemeni extrajudicial prisoners of the United States Living people 1974 births