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Adil Mabrouk Bin Hamida
Born September 15, 1970(1970-09-15)
Tunis, Tunisia
Detained at Guantanamo
Alternate name Adil Mabrouk Boughanmi Bin Hamida, Adel Ben Mabrouk Bin Hamida Boughanmi, Adil Mabrouk Bin Hamida
ISN 148
Charge(s) No charge
Status Held in extrajudicial detention

Adil Mabrouk Bin Hamida is a citizen of Tunisia formerly held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Hamida's Guantanamo Internment Serial Number is 148. Joint Task Force Guantanamo counter-terrorism analysts reports that Hamida was born on September 15, 1970, in Tunis, Tunisia.

At the time of his transfer to Italian custody in November 2009, he had been held at Guantánamo for seven years nine months.[2]

Contents

Identity

Captive 148 is identified inconsistently on official Department of Defense documents:

  • Captive 148 was named Adel Ben Mabrouk Bin Hamida Boughanmi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 8 October 2004. [3]
  • Captive 148 was named Adil Mabrouk Bin Hamida on the Summary of Evidence memos prepared for his first and second annual Administrative Review Boards, on 20 July 2005 and 25 April 2006, and on the second official list of captives' names released on May 15, 2006.[1][4 ] [5]
  • Captive 148 was named Adil Mabrouk Bin Hamida (Boughanmi) on four official lists released in September 2007.[6 ][7 ][8][9]

Combatant Status Review

The George W. Bush administration asserted that the protections of the Geneva Conventions could be withheld from captives in the "War on Terror."[10] Critics argued the Conventions obliged the United States to conduct competent tribunals to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant."

The CSRTs are not bound by the rules of evidence that would apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.”[11] From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Adil Mabrouk Bin Hamida was among the two-thirds of prisoners who chose to participate in tribunal hearings.[12]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detention. His memo accused him of the following:

[3][13 ][14 ]

The memo listed the following allegations against him:

a. The detainee is associated with al Qaida.
  1. The detainee a Tunisian national[15] living in Italy, traveled to Afghanistan in early 2001.
  2. The detainee stayed at the "House of Algerians" guesthouse in Jalalabad.
  3. The detainee trained on the assembly and disassembly of the Kalishnikov [sic]rifle.
  4. The Tunisian government has listed the detainee as an extremist who lived in the Bosnian-Mujahedin Village of Boeinja Bonja.
  5. The detainee was a member of the Sami Essid Network.
  6. The Sami Essid Network provides financial support to terrorist groups.
  7. Detainee was sentenced to twenty years imprisonment in Tunisia[16] for being a member of a terrorist organization operating abroad.
  8. Detainee possibly falsified passports for fleeing al Qaida combatants who make it to Europe.
  9. Detainee was captured on the Afghanistan-Pakistan border by Pakistani military forces.
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Response to the allegations

  • Adel Ben acknowledged traveling to Afghanistan—as an immigrant.
  • Adel Ben acknowledged staying at the "House of the Algerians".
  • Adel Ben acknowledged being trained on the assembly and disassembly of the AK-47.
  • Adel Ben denied ever traveling to Bosnia, and denied ever hearing of the village of Bocinja Donja.
  • Adel Ben said he had never heard of the Sami Essid Network.
  • Adel Ben denied any knowledge of any sentences against him in Tunisia.
  • Adel Ben denied ever forging any passports.
  • Adel Ben acknowledged being captured on the Afghanistan-Pakistan border.

Adel Ben's Personal Representative was able to produce Adel Ben's passport into evidence, in an attempt to show his passport had no stamp from Bosnia, showing that the allegation that he had traveled to Bosnia was false. The Tribunal's President criticized the Personal Representative for not having the passport translated prior to introducing it.

Response to Tribunal questions

Habeas petition

Captive 148 had a habeas corpus petition published on his behalf. But, although the Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.[17 ]

In July 2008 the US District Court ruled that his habeas petition was moot.[18]

Administrative Review Board

Captives whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.[19]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's first annual Administrative Review Board, on 20 July 2005.[4 ] The memo listed factors for and against his continued detention.

Transcript

There is no record that captive 148 participated in this Board hearing.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's second annual Administrative Review Board, on 25 April 2006. [5] The memo listed factors for and against his continued detention.

Transfer from Guantanamo

On November 30, 2009, Bin Hamida and another detainee, Riyad Bil Mohammed Tahir Nasseri, were removed from Guantanamo and transferred into the custody of representatives of Italy, to face charges related to outstanding warrants in that country.[20][21][22][23 ]

Both men had been long time residents of Italy, prior to traveling to Afghanistan. Both men had criminal records for petty crimes in Italy. Both men are expected to face new terrorism charges in Italy.[24 ] Thomas Joscelyn, writing for Yahoo News, reported that an Italian journalist in Guantanamo told him the Tunisians were in a prison in Milan that was much rougher than Guantanamo.

References

  1. ^ a b OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.  
  2. ^ http://projects.nytimes.com/guantanamo/detainees/148-adil-mabrouk-bin-hamida
  3. ^ a b OARDEC (8 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Boughanmi, Adel Ben Mabrouk Bin Hamida". United States Department of Defense. pp. ages 46-47. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#46. Retrieved 2007-12-04.  
  4. ^ a b OARDEC (20 July 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk". United States Department of Defense. pp. ages 65-68. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#65. Retrieved 2007-12-04.  
  5. ^ a b OARDEC (25 April 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk". United States Department of Defense. pp. ages 14-17. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#14. Retrieved 2007-12-04.  
  6. ^ OARDEC (July 17, 2007). "Index for Combatant Status Review Board unclassified summaries of evidence". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf. Retrieved 2007-09-29.  
  7. ^ OARDEC (September 4, 2007). "Index for testimony". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf. Retrieved 2007-09-29.  
  8. ^ OARDEC (August 9, 2007). "Index to Summaries of Detention-Release Factors for ARB Round One". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf. Retrieved 2007-09-29.  
  9. ^ OARDEC (July 17, 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf. Retrieved 2007-09-29.  
  10. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.   mirror
  11. ^ Elsea, Jennifer K. (July 20, 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. http://www.fas.org/sgp/crs/natsec/RS22173.pdf. Retrieved 2007-11-10.  
  12. ^ OARDEC, 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
  13. ^ Summarized transcripts (.pdf), from Adil Mabrouk Bin Hamida's Combatant Status Review Tribunal - pages 48-58
  14. ^ OARDEC (8 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted". United States Department of Defense. pp. 176–177. http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#176.  
  15. ^ The three words, "A Tunisian national" were redacted in the version released in March 2005.
  16. ^ The phrase "sentenced to twenty years imprisonment in Tunisia" was redacted in the version released in March 2005.
  17. ^ OARDEC (August 8, 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29.  
  18. ^ "Guantanamo Bay Detainee Litigation: Doc 212 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386". United States Department of Justice. 2008-07-29. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/212/0.pdf. Retrieved 2008-08-13.  
  19. ^ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
  20. ^ "Algerian transferred from Guantanamo to France: lawyer". Agence France-Presse. 2009-11-30. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fafp%2Farticle%2FALeqM5gmG5QgvT7-GmkSoLztKVMcH-27RA&date=2009-12-02.  
  21. ^ "US transfers Guantanamo inmates". Agence France-Presse. 2009-11-30. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fafp%2Farticle%2FALeqM5jJYybTgoefN6RX_Npc-G3qsnrRfQ&date=2009-12-02.  
  22. ^ "Italy: 2 Guantánamo Detainees Arrive for Trial on Terror Charges". New York Times. 2009-11-30. http://www.nytimes.com/2009/12/01/world/europe/01briefs-Italybrf.html. Retrieved 2009-12-02.  
  23. ^ Peter Finn, Julie Tate (2009-12-01). "4 from Guantanamo are sent to Europe". Washington Post. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2009%2F11%2F30%2FAR2009113002950.html&date=2009-12-02.  
  24. ^ Thomas Joscelyn (2009-12-23). "The Real Gitmo". Yahoo News. Archived from the original on 2009-12-23. http://www.webcitation.org/query?url=http%3A%2F%2Fnews.yahoo.com%2Fs%2Fweeklystandard%2F20091221%2Fcm_weeklystandard%2Ftherealgitmo&date=2009-12-23.  

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