Mustafa Ahmed Hamlily

Mustafa Ahmed Hamlily
Born	February 20, 1959(1959-02-20) Bashaire, Algeria
Detained at	Guantanamo
ISN	705
Charge(s)	No charge
Status	Repatriated in July 2008.

Mustafa Ahmed Hamlily is a citizen of Algeria, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internment Serial Number was 705. The Department of Defense reports that Hamlily was born on February 20, 1959, in Bashaire, Algeria.

Mustafa Ahmed Hamlily was transferred to Algeria on July 2, 2008.^[2]

Combatant Status Review

Main article: Combatant Status Review Tribunal

Hamlily was among the 60% of prisoners who participated in the tribunal hearings.^[3] A Summary of Evidence memo was prepared for the tribunal of each detainee. The memo for his hearing lists the following allegations:^[4]

a The detainee directly supported al Qaida through non-governmental organizations:

1. The detainee voluntarily traveled from Mauritania, Africa to Islamabad, Pakistan in 1987 to work for the Islamic Relief Organization (IRO).
2. The detainee received weapons training on the Kalashnikov rifle while working for the IRO. The training took place near the boarder town of Peshawar, Pakistan.
3. The detainee admitted to firing the weapon during training only.
4. The detainee worked for the IRO in their Orphan’s Department (which included a school) until 1990, when the school closed.
5. Between 1991 and 2001, the detainee traveled back and forth between Algeria, Pakistan, Yemen, and Pakistan. He worked various jobs during this time.
6. The detainee worked for the Al-Wafa organization in Jalalabad, Pakistan from June through August 2001. In September 2001 the Al-Wafa Organization closed.
7. The detainee was arrested at his home in Peshawar, Pakistan by the Pakistani police on 25 May 2002.

Transcript

On March 3, 2006, in response to a court order from Jed Rakoff the United States Department of Defense published a five page summarized transcript from his Combatant Status Review Tribunal.^[5]

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.^[6]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for first annual Mustafa Ahmed Hamlily's Administrative Review Board, on 16 September 2005.^[7] The two page memo listed nine "primary factors favor[ing] continued detention" and three "primary factors favor[ing] release or transfer". Those factors included:

• Hamlily is alleged to have received weapons training in Pakistan in 1987, at the "Bajawar camp".
• Hamlily is alleged to have worked in Pakistan in 1987 and 1988 for a Saudi charity, the Islamic Relief Society.
• Hamlily is alleged to have immigrated to Jalalabad, Afghanistan, in 1998, and to have been provided a house by the Taliban.
• Hamlily is alleged to have lived next door to a suspicious Algerian Guesthouse, and to have hosted several men suspected of being al Qaida members in his own house in 2000.
• Hamlily fled Afghanistan when it became a war zone in late 2001.
• When Hamlily was arrested in Pakistan in May 2002 he was alleged to have been captured with a member of the Lashkar-e-Tayba terrorist organization.
• Hamlily said that he had been approached to participate in jihad, during the Soviet occupation of Afghanistan, but had declined "...because the killing of innocents that was taking place horrified him."
• Hamlily denied "...any and all terrorist affiliation, to include any relationhsip with al Qaida."

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Mustafa Ahmed Hamlily's second annual Administrative Review Board, on 27 June 2006.^[8] The three page memo listed twenty "primary factors favor[ing] continued detention" and seven "primary factors favor[ing] release or transfer".

Transcript

In September 2007 the Department of Defense published a thirteen page summarized transcript from his second annual review in 2006.^[9]

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.^[10][11] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on September 25, 2006.

Habeas corpus petition

Hamlily had a writ of habeas corpus, Civil Action No. 95-cv-0763.^[12] On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of Hamlily and several dozen other captives. The petition would prevent the Department of Defense from transferring him out of US 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.

Release or repatriation

On July 3, 2008, Carol Rosenberg of the Miami Herald reported that Mustafa Hamlily and another Algerian, Abdul Raham Hourari were repatriated on July 2, 2008.^[13] She reports that the two were the first two Algerians to be transferred from Guantananmo.

Suing the USA

On July 29, 2008, it was reported that Mustapha Hamlili was working with a lawyer to sue the United States federal government, stating he was abused while in custody.^[14]

References

1. ^ 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. ^ "Mustafa Ahmed Hamlily - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/705-mustafa-ahmed-hamlily. 
3. ^ 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
4. ^ OARDEC (date redacted). "Summarized Sworn Detainee Statement". United States Department of Defense. pp. pages 16–20. http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_12_1179-1239.pdf#16. Retrieved 2008-07-04. 
5. ^ "US releases Guantanamo files". Melbourne: The Age. April 4, 2006. http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html. Retrieved 2008-03-15. 
6. ^ "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. 
7. ^ OARDEC (16 September 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Hamlily, Mustafa Ahmed". United States Department of Defense. pp. pages 26–27. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000595-000693.pdf#26. Retrieved 2008-07-04. 
8. ^ OARDEC (27 June 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Hamlily, Mustafa Ahmed". United States Department of Defense. pp. pages 66–68. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_700-798.pdf#66. Retrieved 2008-07-04. 
9. ^ OARDEC (date redacted). "Summary of Administrative Review Board Proceedings of ISN 705". United States Department of Defense. pp. pages 51–63. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2491-2598E.pdf#51. Retrieved 2008-07-04. 
10. ^ OARDEC (September 14, 2006). "Administrative Review Board assessment and recommendation ICO ISN 705". United States Department of Defense. pp. page 62. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_359-450.pdf#62. Retrieved 2008-07-04. 
11. ^ OARDEC (July 5, 2006). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 705" (PDF). United States Department of Defense. pp. pages 63–73. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_359-450.pdf. Retrieved 2008-07-04. 
12. ^ Kristine A. Huskey (2008-07-15). "Guantanamo Bay Detainee Litigation: Doc 63 -- NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/63/0.pdf. Retrieved 2008-11-13.  mirror
13. ^ Carol Rosenberg (2008-07-03). "First Algerians repatriated from Gitmo". Miami Herald. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2Fguantanamo%2Fstory%2F593282.html&date=2008-07-04. Retrieved 2008-07-04. 
14. ^ "Algerian former prisoner at Guantanamo lodges complaint against U.S Government". elkhabar. 2008-07-29. http://www.elkhabar.com/quotidienFrEn/?ida=117647&idc=146. Retrieved 2008-07-14.  mirror

External links

• Repatriation as Russian Roulette: Will the Two Algerians Freed from Guantánamo Be Treated Fairly? Andy Worthington

Persondata
Name	Hamlily, Mustafa Ahmed
Alternative names
Short description
Date of birth	February 20, 1959
Place of birth	Bashaire, Algeria
Date of death
Place of death