Deleted:Ahmed Abdul Qader

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Ahmed Abdul Qader
Other names
  • Akhmed Abdul Qadir
  • Ahmad Abdel Qader Ahmad Hasan Abu Bakr
  • al-Hadrami
  • al-Mukallawi
  • al-Muthana
  • Moussab al-Yemeni
  • Asifa Abdel Rahman
Citizenship Yemen

Ahmed Abdul Qader is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His detainee ID number is 690. The Department of Defense estimated that Qader was born in 1984, in Sana'a, Yemen.

Main article: minors detained in the global war on terror

Ahmed Abdul was cleared for release by the Guantanamo Review Task Force.[3][4][5][6][7] He was accepted as a refugee by Estonia on January 14, 2015.[2][8]

Official status reviews

Originally the Bush 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.[9] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, 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

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[10][11] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[12]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[9]

Following Freedom of Information Act requests the DoD published documents from Ahmed Abdul's annual OARDEC hearings from 2004, 2005, 2006 and 2007.[13][14][15][16]

Scholars at the Brookings Institute, lead by Benjamin Wittes, studied these documents, and listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations[17] According to their study:

  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges ... are associated with both Al Qaeda and the Taliban."[17]
  • Ahmed Abdul Qader 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."[17]
  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[17]
  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges ... fought for the Taliban."[17]
  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."

[17]

  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges ... served on Osama Bin Laden’s security detail."[17]
  • Ahmed Abdul Qader was listed as one of the captives who was ab "al Qaeda operative".[17]
  • Ahmed Abdul Qader 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."[17]
  • Ahmed Abdul Qader was listed as one of the captives who "The military alleges ... admitted fighting on behalf of Al Qaeda or the Taliban."[17]




Ahmed Abdul chose to participate in his initial 2004 Combatant Status Review Tribunal.[18] Oardec published an 8 page summary of his hearing.

Qadar acknowledged entering Afghanistan, but disputed that he entered illegally.[18]

Qadar acknowledged briefly meeting someone who worked for the charity Al Wafa.[18] But he testified his conversation with him was very brief - five minutes long - and consisted solely of seeking shopping advice from a more experienced person.

Qadar acknowledged reaching the front lines, during his travels.[18] But he claimed he never participated in any kind of military activity. Further, he testified his stay preceded the attacks of September 11, 2001.

Qadar acknowledged carrying a rifle for self-protection.[18]

He testified that when the Pakistani authorities captured him they knocked on the door, and there was no resistance.[18] They asked for him, and asked for his legal papers. His passport had not expired, but the visa for his stay in Pakistan had expired. When he was in Pakistani custody he was told that he was in custody because his visa was expired, and he would be taken to the Yemeni Embassy.

Ahmed Abdul requested fellow captive Abdul Aziz, the Al Wafa director, as a witness.[18] Abdul Aziz stated he did not remember ever meeting Qadar, and since he didn’t remember him Ahmed Abdul could never have worked for him.

Habeas corpus petition

Third party comments

On December 24, 2014, Linda Greenhouse, a long-time commentator on the United States Supreme Court, writing in the New York Times, wrote about Ahmed Abdul habeas corpus petition, and comments made by more senior judges on his case.[19]

Sara Davidson, writing in the New Yorker magazine and Well Bennett, writing for Lawfare, both commented on his case, following his transfer to Estonia.

References

  1. ↑ OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived from the original on 2007-09-30. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.  16x16px Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. ↑ 2.0 2.1 Margot Williams (2008-11-03). "Guantanamo Docket: Ahmed Abdul Qader". New York Times. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/3/pages/740. Retrieved 2010-10. 
  3. ↑ Carol Rosenberg (2012-09-21). "U.S. names 55 Guantánamo captives cleared for release". Miami Herald. Archived from the original on 2012-09-23. http://www.miamiherald.com/2012/09/21/3014519/us-names-55-guantanamo-captives.html. 
  4. ↑ Danica Coto (2012-09-21). "U.S. releases list of Guantanamo detainees cleared for transfer". Toronto Star. Archived from the original on 2012-09-23. http://www.thestar.com/news/world/article/1260726--omar-khadr-not-on-u-s-list-of-guantanamo-detainees-cleared-for-transfer. "The U.S. Justice Department has made public the names of 55 Guantanamo prisoners who have been approved for transfer to the custody of other countries, releasing information sought by human rights organizations. The announcement, which reverses a 2009 decision, was a surprise to organizations that had filed FOIA requests seeking the information." 
  5. ↑ "US releases names of 55 Guantanamo detainees approved for transfer". freedetainees.org. 2012-09-23. Archived from the original on 2012-09-23. http://freedetainees.org/2012/09/21/us-releases-names-of-55-guantanamo-detainees-approved-for-transfer/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+freedetainees%2FZCdR+%28freedetainees.org%29&utm_content=Yahoo!+Mail. 
  6. ↑ Fausto Biloslavo (2012-09-23). "Quei reclusi di Guantanamo che possiamo trovarci in casa [Those inmates from Guantanamo that we can find in the house]". Il Giornale. Archived from the original on 2012-09-23. http://www.ilgiornale.it/news/esteri/quei-reclusi-guantanamo-che-possiamo-trovarci-casa-839863.html. 
  7. ↑ "Current Guantanamo Bay Detainee-Petitioners Approved For Transfer (Sept. 21, 2012)". Department of Justice. 2012-09-21. Archived from the original on 2012-09-23. http://media.miamiherald.com/smedia/2012/09/21/17/22/1dquzf.So.56.pdf. 
  8. ↑ Sara Davidson (2015-01-15). "Sent to Guantánamo as a Teen-Ager, and Now to Estonia". New Yorker magazine. http://www.newyorker.com/news/amy-davidson/sent-guantanamo-teen-ager-now-estonia. Retrieved 2015-01-16. "When Akhmed Abdul Qadir Hussain was eighteen (or a little younger, by some accounts), in early 2002, he was arrested by the Pakistani police, who gave him to American forces, who sent him to Guantánamo Bay." 
  9. ↑ 9.0 9.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." 
  10. ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11 2004 - mirror
  11. ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
  12. ↑ "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. 
  13. ↑ "Summary of Evidence for Combatant Status Review Tribunal -- Qader, Ahmad Abdul". Guantanamo: OARDEC. 2004-10-20. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/5. Retrieved 2015-01-16. 
  14. ↑ "Unclassified Summary of Evidence for Administrative Review Board in the case of Qader, Ahmed Abdul". Guantanamo: OARDEC. 2005-11-23. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/1. Retrieved 2015-01-16. 
  15. ↑ "Unclassified Summary of Evidence for Administrative Review Board in the case of Qadir, Akhmed Abdul". Guantanamo: OARDEC. 2006-11-03. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/3. Retrieved 2015-01-16. 
  16. ↑ "Unclassified Summary of Evidence for Administrative Review Board in the case of Qadir, Akhmed Abdul". Guantanamo: OARDEC. 2007-12-20. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/9. Retrieved 2015-01-16. 
  17. ↑ 17.0 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institute. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16.  mirror
  18. ↑ 18.0 18.1 18.2 18.3 18.4 18.5 18.6 "Summarized Unsworn Detainee Statement". Guantanamo: OARDEC. date redacted. http://projects.nytimes.com/guantanamo/detainees/690-ahmed-abdul-qader/documents/4. Retrieved 2015-01-16. 
  19. ↑ Linda Greenhouse (2014-12-24). "Guantanamo Dreams". New York Times. Archived from the original on 2015-01-16. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2014%2F12%2F25%2Fopinion%2Fguantnamo-dreams.html&date=2015-01-16. "Judge Edwards raised a similar alarm in another Guantánamo case, an appeal by a Yemeni detainee, Abdul al-Qader Ahmed Hussain, a teenager when he was captured in early 2002 in Faisalabad, Pakistan." 
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