Adnan Farhan Abd Al Latif

Adnan Farhan Abd Al Latif
Adnan Farhan Abdul Latif
Adnan Latif -a.jpg
undated photo of Abdul Latif, prior to his detention
Born December 27, 1975 (1975-12-27) (age 35)
Aluday, Yemen
Detained at Guantanamo
Alternate name

 

  • Agnahn Purhan Abjallil
  • Allal, Ab Aljallil
  • Allal Ab Aljallil Abd Al Rahman Abd
  • Abdelrahman Abdulla Abdel Galil
  • Adnan Farhan Abd al Latif
  • Afnahn Purhan Abjillil
  • Adnan Farhan Abdul Latif
ISN 156
Charge(s) No charge (unlawfully detained)
Status Under review: Judge Henry Kennedy Jr. ordered the Obama administration to release him forthwith; a classified opinion released by the D.C. Circuit vacated this order and remanded the case

Adnan Farhan Abdul Latif, also known as Allal Ab Aljallil Abd al Rahman, is a Yemeni citizen currently detained at the American naval base at Guantanamo Bay, Cuba.[1] The current legal status of his detention is indeterminate, as the controlling opinion bearing upon this question is classified [2] [3]. Joint Task Force Guantanamo reported that Abd al Rahman was born on December 27, 1975, in Aluday, Yemen.

He won his habeas corpus in July 2010 and Judge Henry H. Kennedy, Jr.. ordered the Obama administration to "take all necessary and appropriate diplomatic steps to facilitate Latif's release forthwith." Judge Kennedy says the Obama administration has failed to show evidence that he was part of al Qaeda or an associated force.[4][5]

Latif's attorney, David Remes, said, "This is a mentally disturbed man who has said from the beginning that he went to Afghanistan seeking medical care because he was too poor to pay for it. Finally, a court has recognized that he's been telling the truth, and ordered his release."[6]

As of today, Adnan Farhan Abdul Latif has been held at Guantanamo for 9 years, 10 months and 5 days; he arrived there on January 17, 2002.[7][8] [9]

Contents

Combatant Status Review

Allal Ab Aljallil Abd al Rahman was among the 60% of prisoners who chose to participate in tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee, listing the allegations that supported their detention as an "enemy combatant".

His's memo accused him of the following:[1][10][11]

a. The detainee is an al Qaida fighter:
  1. In the year 2000 the detainee reportedly traveled from Yemen to Afghanistan.
  2. The detainee reportedly received training at the al-Farouq training camp.
b. The detainee engaged in hostilities:
  1. In April 2001 the detainee reportedly returned to Afghanistan.
  2. The detainee reportedly went to the front lines in Kabul.

Mentioned in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, Al Rahman Abd's Tribunal was an instance where a detainee had his requests for exculpatory evidence arbitrarily refused, in violation of the orders that established the Tribunals:[12] Al Rahman Abd wanted his hospital records, which would prove he was in a hospitabl in Jordan when the allegations against him said he was participating in terrorist activities.

"During the hearing, the detainee requested that the Tribunal President obtain medical records from a hospital in Jordan . . . The Tribunal president denied the request. He determined that, since the detainee failed to provide specific information about the documents when he previously met with his PR, the request was untimely and the evidence was not reasonably available."

The study commented:

"CSRT Procedures provide for two reasons to deny requested evidence: that it is irrelevant and that it is “not reasonably available.” That the detainee did not mention this request to his personal representative is not a reason to deny the evidence, at least according to the Procedures set forth in the July 29, 2004 memo."

Allal Ab Aljallil Abd Al Rahman Abd v. George W. Bush

A petition of habeas corpus, Allal Ab Aljallil Abd Al Rahman Abd v. George W. Bush -- Civil Action No. 04-CV-1254 (HKK), was filed on Allal Ab Aljallil Abd Al Rahman Abd's behalf. In response, on 18 October 2004, James R. Crisfield Jr. the Department of Defense published a dossier of 24 pages of unclassified documents arising from his Combatant Status Review Tribunal.[13]

His "enemy combatant" was confirmed by Tribunal panel 9. Most Tribunal dossiers state when the Tribunal convened. His does not.

Legal Sufficiency Review

On October 16, 2004 James R. Crisfield Jr., one of the Office for the Administrative Review of Detained Enemy Combatants' Legal Advisors, commented in his Legal Sufficiency Review, on the Tribunal President's ruling that the hospital records he requested, that would show he was mentally ill, and traveled to Afghanistan for medical treatment, were not reasonably available. He commented that the ruling that the request was not "timely" was within the Tribunal President's jurisdiction. But he disagreed that the medical records could not have changed the Tribunal's conclusion.

Detainee election form

His Personal Representative (CSRT) met with him for twenty five minuteson 27 September 2004.

"No witnesses. Rambles for long periods and does not answer questions. He has clearly been trained to ramble as a resistance technique and considered the initial as an interrogation. This detainee is likely to be disruptive during the Tribunal. Wanted witnesses and documents but is evasive and failed to provide names, addresses or phone numbers.

Unclassified summary of basis for Tribunal decision

In the conclusion to the Unclassified summary of basis for Tribunal decision the Tribunal President stated:

a.

The detainee was mentally and physically capable of participating in the proceeding. No medical or mental health evaluation was deemed necessary.

b.

The detainee understood the Tribunal proceedings. He asked questions regarding his rights and hearing procedures and actively participated in the hearing, verbally sparring with the Tribunal President at every opportunity and giving every impression that he is an intelligent individual with a clear understanding of his situation.

c.

The detainee is properly classified as an enemy combatant and is a member of or affiliated with al Qaida.

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee may pose if released or transferred, and whether there are other factors that warrant his continued detention.[14]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Allal Ab Aljallil Abd Al Rahman Abd's first annual Administrative Review Board, on 24 March 2005.[15]

The following primary factors favor continued detention

a. Commitment
  1. In the year 2000, the detainee traveled from Yemen to Afghanistan.
  2. In April 2001, the detainee returned to Afghanistan.
  3. The detainee was identified by his alias, as having been on Usama Bin Laden's security detail.
b. Training
The detainee received training at the Al Farouq training camp.
c. Connection/Associations
  1. The detainee traveled to Afghanistan to help Ibrahim Aliwee improve the Islamic studies center in Kabul.
  2. Ibrahim is a probable member of al Qaida.
d. Intent.
The detainee went to the front lines in Kabul.
e. Other Relevant Data
Detainee's overall behavior has been non-compliant and aggressive. Detainee does not comply with guards instruction. Detainee continues to talk between the blocks. Detainee also has multiple occurrences of causing damage in his cell. Detainee has shown by his actions that he has little regard for the rules of the cellblock and does not respect his fellow man.

The following primary factors favor release or transfer

The detainee stated he was in Pakistan because Ibrahim, a Yemeni man who was a humanitarian, took him to the hospital there. He was only in Pakistan a short time and did not have time to receive treatment.

Transcript

Abd al Rahman chose to participate in his Administrative Review Board hearing.[16] The Department of Defense released a nine page summarized transcript of his hearing. He prepared a 10 point response to the factors favoring his continued detention.[17]

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Allal Ab Aljallil Abd Al Rahman Abd's second annual Administrative Review Board, on 15 February 2006.[15] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee claims he met a man in Yemen who talked about jihad and Afghanistan. The man convinced the detainee to go to Afghanistan.
  2. This man is a probable al Qaida member.
  3. The detainee flew from Sanaa, Yemen to Karachi, Pakistan. He then traveled to Quetta, Pakistan and then to Kandahar, Afghanistan.
  4. This trip was sponsored by the Gameit al Hekma organization.
b. Training
The Taliban gave the detainee weapons training and put him on the front line facing the Northern Alliance north of Kabul.
c. Connections/Associations
  1. One of the detainee's names appears on a list of Usama Bin Laden's security detail.
  2. The detainee's name appears on a list of al Qaida Mujahidin with the contents of their trust accounts found on files recovered from various computers seized during raids against al Qaida associated safehouses.
d. Other Relevant Data
  1. The detainee claimed he prefers the name Abdelrahman Abdulla Abdel Galil. The name on his passport is Adnan Farhan Abd al Latif. Latif is his family name.
  2. The detainee also stated that his correct full name is Afnahn Purhan Abjillil.

The following primary factors favor release or transfer

a. The detainee claimed he did not agree with the attacks on America. He said he would go back to Yemen if released from the detention facility. He claimed he had never been to al Qaida camps and had never seen or heard of Usama Bin Laden. In addition, he claimed he did not know of anyone who worked at al Qaida camps and never heard of any plans to attack the USS Cole.
b. While on the front line facing the Northern Alliance, the detainee claimed he never fired a shot.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo detainees were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo detainees to access the US Federal Court system. And all previous Guantanamo detainees' habeas petitions were eligible to be re-instated.

Habeas corpus petition re-initiated

Adnan Farhan Abdul Latif had a request for his habeas petition to be re-instated.

On August 15, 2008 Marc D. Falkoff filed an "emergency motion to compel access" to his medical records.[18][19] The motion stated:

By this motion, undersigned counsel seeks immediate access to the medical records for petitioner Adnan Farhan Abdul Latif. Counsel visited with Mr. Latif yesterday at the Guantánamo Bay military prison and fears that Mr. Latif – whose body weight has dropped in the last six weeks from 145 to approximately 107 pounds – is near death. Mr. Latif is not on a hunger strike, and the cause of his alarming weight drop appears to be unknown. Mr. Latif is also manifesting signs of schizophrenia, for which he is apparently not being treated.
In addition to access to the medical records, counsel also seeks an order requiring prison officials to provide Mr. Latif with a blanket and a mattress in his cell.

Adnan Farhan Abdul Latif's attorney's emergency motion stated that he was suffering seizures, and was not being properly treated. The items in the petition for "miscellaneous relief" was for him to be allowed another blanket, and a pillow, to try to help prevent his seizures.[20]

On September 22, 2008 Thomas F. Hogan denied the Emergency Motion for Adnan Farhan Abdul Latif's medical records, pillow and blanket.[20][21]

Al Jazeera reports on a letter from Guantanamo

On April 17, 2009, Al Jazeera reported they had obtained a letter from Adnan Farhan Abdul Latif, in which he described receiving recent abuse at Guantanamo.[22] The report said the letter, dated April 2009, was addressed to one of his lawyers. Al Jazeera did not report how the letter came into their custody.

The report also quoted David Remes observations on the appearance of Abdul Latif and his other clients.[22] Remes said he had taken inventories of new scars and rashes on his clients:

"Adnan Latif ... has a badly dislocated shoulder blade. I've seen the evidence of physical torture and I've also heard about the evidence of psychological torture."

Suicide Attempt

Guantanamo's Psychiatric ward, where Latif is reported to be confined.

Associated Press reported on May 11, 2009, that Remes reported that Latif slit his wrists during his most recent visit.[23] Remes said that Latif had used the edge of a strip of broken veneer from the side of a table in the interview room to sever a vein in his wrist. Remes said Latif used the table to hide his wrist slitting, himself, their interpreter, and camp guards monitoring the interview via video camera.

Remes said Latif had tried to commit suicide before, and had been confined to the detention facility's psychiatric facility.[23] Remes said Latif needed mental health care, but all camp authorities were doing was attempting to keep him subdued.

See also

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" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. ^ United States Court of Appeals for the D.C. Circuit. "Adnan Farhan Abdul Latif v. Barack Obama". http://www.cadc.uscourts.gov/internet/opinions.nsf/6FD54E592115F0AB85257929004E5B70/$file/10-5319OPCN.pdf. 
  3. ^ United States Court of Appeals for the D.C. Circuit. "Adnan Farhan Abdul Latif v. Barack Obama". http://www.lawfareblog.com/wp-content/uploads/2011/10/Latif-order.pdf. 
  4. ^ . Archived from the original on 2010-08-18. http://www.webcitation.org/5s4I2oaG2. 
  5. ^ "Judge orders longtime Gitmo detainee released for lack of evidence". CNN. 2010-08-17. Archived from the original on 2010-08-18. http://www.cnn.com/2010/US/08/16/dc.gitmo.release.order/?hpt=T2. 
  6. ^ Yemeni psych patient ordered freed - Guantánamo - MiamiHerald.com Archived 15 February 2011 at WebCite
  7. ^ JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/. Retrieved 2008-12-22.  mirror
  8. ^ "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21. 
  9. ^ Margot Williams (2008-11-03). "Guantanamo Docket: Allal Ab Aljallil Abd Al Rahman". New York Times. http://projects.nytimes.com/guantanamo/detainees/156-allal-ab-aljallil-abd-al-rahman. Retrieved 2010-03-30. 
  10. ^ OARDEC (22 September 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Allal, Ab Aljallil". United States Department of Defense. p. page 58. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#58. Retrieved 2007-12-04. 
  11. ^ documents (.pdf). from Allal Ab Aljallil Abd Al Rahman Abd's Combatant Status Review Tribunal - mirror - pages 85-93
  12. ^ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings" (PDF). Seton Hall University School of Law. p. 17. http://law.shu.edu/news/final_no_hearing_hearings_report.pdf. Retrieved April 2, 2007. 
  13. ^ "Allal Ab Aljallil Abd Al Rahman Abd v. George W. Bush -- Civil Action No. 04-CV-1254 (HKK)". United States Department of Defense. 2004-10-18. pp. pages 56–79. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_815-893.pdf#56. Retrieved 2008-09-23. 
  14. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902. Retrieved November 12, 2010. 
  15. ^ a b OARDEC (15 February 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of". United States Department of Defense. pp. pages 33–34. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#33. Retrieved 2007-12-04. 
  16. ^ OARDEC. "Summary of Administrative Review Board Proceedings of ISN 156". United States Department of Defense. pp. 46–54. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_2_585-768.pdf#46. Retrieved 2007-12-04. 
  17. ^ OARDEC Linguist 07 (30 March 2005). "Translation of Detainee's Written Statement Submitted by Allal Ab Aljallil Abd Al Rahman, ISN 156 on 30 March 2005 by OARDEC Linguist OK-07". OARDEC. pp. pages 8–11. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_17_22822-23051.pdf#8. Retrieved 2007-12-04. 
  18. ^ Marc D. Falkoff (2008-09-17). "Guantanamo Bay Detainee Litigation: Doc 260 -- NOTICE OF FILING AND SUMMARY OF EMERGENCY MOTION TO COMPEL ACCESS TO MEDICAL RECORDS OF PETITIONER ADNAN FARHAN ABDUL LATIF AND FOR OTHER MISCELLANEOUS RELIEF" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/260/0.pdf. Retrieved 2008-09-23.  mirror
  19. ^ Marc D. Falkoff (2008-08-15). "Guantanamo Bay Detainee Litigation: Doc 269 -- EMERGENCY MOTION TO COMPEL ACCESS TO MEDICAL RECORDS OF PETITIONER ADNAN FARHAN ABDUL LATIF AND FOR OTHER MISCELLANEOUS RELIEF" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/269/0.pdf. Retrieved 2008-08-21.  mirror
  20. ^ a b Tom Ramstack (2008-09-23). "Federal court won't hear plea for blanket". Washington Times. http://washingtontimes.com/news/2008/sep/23/federal-court-wont-hear-plea-for-blanket/. Retrieved 2008-09-25. "While the Supreme Court's decision in Boumediene gives [Latif] the right to challenge the fact of his confinement, it says nothing of his right to challenge the conditions of his confinement."  mirror
  21. ^ Thomas F. Hogan (2008-09-22). "Guantanamo Bay Detainee Litigation: Doc 471" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/471/0.pdf. Retrieved 2008-09-23.  mirror
  22. ^ a b "New abuse claims at Guantanamo". Al Jazeera. 2009-04-17. Archived from the original on 2009-04-17. http://www.webcitation.org/query?url=http%3A%2F%2Fenglish.aljazeera.net%2Fnews%2Famericas%2F2009%2F04%2F2009416174526284984.html&date=2009-04-20. 
  23. ^ a b Ben Fox (2009-05-11). "Lawyer: Gitmo prisoner slashed wrist, hurled blood". Associated Press. Archived from the original on 2009-05-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5hldgmwrtnUQ1NUHIsHYsQAANxlHwD9843OM80&date=2009-05-11. 

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